Litigation

On August 28, 2025, a jury in the U.S. District Court for the Eastern District of New York unanimously concluded that Cravath clients American Express Company and American Express Travel Related Services Company, Inc., (together, “Amex”) are not liable for antitrust claims in a class action suit, brought by a class of debit card users and non‑rewards credit card users from eight states and Washington, D.C., alleging that the company’s non‑discrimination provisions are anticompetitive.

On September 2, 2025, the United States District Court for the Southern District of New York denied Loomis Sayles Trust Company’s (“LSTC”) motion for class certification in its breach of contract action against Cravath client Citigroup Global Markets Inc. (“Citigroup”).

On August 29, 2025, PepsiCo, Inc. (“PepsiCo”) and Celsius Holdings, Inc. (“Celsius Holdings”) announced an agreement to strengthen their long-term strategic partnership. As part of the agreement, (i) Celsius Holdings’ Alani Nu brand will move to the PepsiCo distribution system in the U.S. and Canada, (ii) PepsiCo has acquired $585 million in newly issued convertible 5% preferred stock while extending its existing preferred stock to the same conversion period and (iii) Celsius Holdings has acquired the Rockstar Energy brand in the U.S. and Canada from PepsiCo. PepsiCo will continue to own the Rockstar brand internationally. Celsius Holdings will become the strategic energy lead in the U.S., managing the Celsius, Alani Nu and Rockstar Energy brands, while PepsiCo will lead distribution for the Celsius Holdings portfolio in the U.S. and Canada. Cravath is representing PepsiCo in connection with the transaction.

On July 31, 2025, the U.S. Court of Appeals for the Ninth Circuit unanimously affirmed a jury verdict won by Cravath client Epic against Google in the U.S. District Court for the Northern District of California that Google has engaged in illegal anticompetitive behavior in the distribution of mobile apps and in the handling of in‑app payments. The Ninth Circuit also unanimously affirmed the district court’s permanent injunction against Google. The district court’s injunction prohibits Google from providing benefits to phone manufacturers, app developers and others in exchange for favoring the Google Play Store, prohibits Google from requiring the use of its own payment solution and also requires Google to take steps to restore competition, such as carrying other app stores on the Google Play Store.

On August 10, 2025, International Money Express, Inc. (“Intermex”) and The Western Union Company (“Western Union”) announced they have entered into a definitive agreement under which Western Union will acquire Intermex in an all‑cash transaction at $16.00 per share, representing a total equity and enterprise value of approximately $500 million. Cravath is representing Intermex’s Strategic Alternatives Committee in connection with the transaction.

Cravath partner Evan Norris and of counsel Dean M. Nickles co-authored a chapter entitled “How to Develop and Implement an Incident Response Plan to Mitigate Impact of Cyberattacks” for Global Investigations Review’s “The Guide to Cyber and Data Privacy Investigations – Fourth Edition,” published on July 31, 2025. The chapter outlines how organizations can mitigate the impact of cyberattacks by crafting, testing and maintaining tailored incident response plans, discussing foundational and structural considerations and providing guidance on classification systems, personnel roles and effective communications during a cyber incident.

On August 12, 2025, Cravath partner Helam Gebremariam was featured in Bloomberg Law’s “They’ve Got Next: 40 Under 40” series, which recognizes young lawyers who are “raising the bar in the legal profession,” based on their work on key client matters, assumption of leadership roles, pro bono commitments and more.

Cravath partners Christine A. Varney, Karin A. DeMasi, Rachel G. Skaistis, Lauren A. Moskowitz and Vanessa A. Lavely were recognized by Benchmark Litigation in the 2025 edition of the “Top 250 Women in Litigation,” which honors “the most distinguished women in the world of litigation.” Inclusion in the list is based on a review of individual litigators’ professional activities, client feedback surveys and one on one interviews. This is the twelfth consecutive year in which Christine has been selected for inclusion in the publication. Karin and Rachel are recognized for the eighth year, Lauren is recognized for the fifth year and Vanessa is recognized for the first year.

Cravath released the Summer 2025 issue of its Alumni Journal, which highlights the Firm’s global alumni community. This issue features the career journey of Ed Weiss, Executive Vice President, Corporate Strategy and General Counsel at Fenway Sports Group, as well as a recent conversation with Margot Miller, the Global Vice President of Legal & Corporate Affairs at AB InBev and the company’s e‑commerce platform, BEES. This edition also spotlights the Firm’s antitrust practice and includes photos of the Firm’s new London office, which was recently relocated to 100 Cheapside. 

Cravath partners Helam Gebremariam, Sharonmoyee Goswami, Lauren R. Kennedy, David H. Korn, Lauren M. Rosenberg, Brittany L. Sukiennik and Michael J. Zaken were named by Benchmark Litigation to its 2025 “40 & Under List.” The list honors “the top emerging talent in litigation” and was compiled through a process involving peer and client review, along with examination of individual cases.