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Stephen S. Madsen

Retired Partner, Litigation

Stephen S. Madsen retired from Cravath’s Litigation Department in December 2012.

As a senior litigator and counselor with broad experience in several fields, Mr. Madsen handled major antitrust litigation for Time Warner Inc. and Bristol‑Myers Squibb Company; securities fraud litigation for Citigroup Inc., Bristol‑Myers Squibb Company and Tyco International, Ltd.; trade secrets litigation for International Business Machines Corporation, General Reinsurance Corp. and Quantlab Technologies Ltd. (BVI); patent litigation for Schering AG, Berlex, Tele2 AB and TeliaSonera; and commercial disputes for Olin Corporation, CBS Corporation and Vivendi S.A. He represented creditors in bankruptcy proceedings, recently serving as counsel to Johnson & Johnson, Inc., Credit Suisse, Goldman Sachs Credit Partners, L.P., Global Aero Logistics Corp. and Colstrip Energy L.P. Mr. Madsen also has substantial experience leading internal investigations, both under the auspices of independent committees of Boards of Directors and in connection with regulatory proceedings involving such agencies as the Justice Department, various State Attorneys General, the SEC, the NYSE and FINRA, covering such areas as off‑label marketing of pharmaceuticals, mutual fund market timing, alleged anticompetitive conduct, alleged senior executive misconduct and other matters.

Mr. Madsen is also highly experienced in the field of arbitration, having handled disputes under ICC, UNCITRAL, AAA and ad hoc rules. Mr. Madsen’s international arbitration experience included representation of Fiat S.p.A. and of Thomson S.A. in proceedings venued overseas. He also handled substantial construction contract disputes for Tyco Submarine Systems Limited and substantial purchase price adjustment disputes for Olin Corporation, CBS Corporation and Tyco International, Ltd. Mr. Madsen’s arbitration experience also includes representation of a sovereign, the Republic of Suriname, in a maritime border dispute arbitration under the United Nations Convention on the Law of the Sea.

Mr. Madsen is a member of the New York City Bar Association, where he serves as a Vice Chair of the Committee on the Judiciary. He is a member of the New York State Bar Association, where he serves on the Executive Committee of the Antitrust Law Section and recently served as Chair of that Section. He is also a member of the American Bar Association, the New York County Lawyers’ Association, the Federal Bar Council and the London Court of International Arbitration. Mr. Madsen is a member of the Bar of the State of New York and of the Bars of the U.S. Supreme Court, U.S. Courts of Appeals for the First, Second, Sixth, Seventh, Eighth and District of Columbia Circuits and the U.S. District Court for the Southern District of New York.

Mr. Madsen is a member of the Board of Visitors of the Columbia Law School and serves on the Executive Committee. He also serves as Chairman of the Board of Trustees of La Scuola d’Italia and is a member of the Board of Directors of Episcopal Social Services.

In 2009, 2010 and 2011, Mr. Madsen was recognized by The Legal 500 for his work in trade secrets litigation. He is a co‑author of Removal to Federal Court in Commercial Litigation in New York State Courts (Third Edition) and is also an Editor of the New York State Bar Association’s New York Antitrust and Consumer Protection Law (Third Edition).

Mr. Madsen was born in Spokane, Washington and raised near Cleveland, Ohio. He received an A.B. magna cum laude from Harvard College in 1973 and a J.D. from Columbia Law School in 1980, where he was a Stone Scholar and Writing and Research Editor of the Columbia Law Review. After a clerkship with Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit, Mr. Madsen joined Cravath in 1981 and became a partner in 1988.

Mr. Madsen may be reached by phone at +1‑212‑474‑1886 or by email at

+1 (212) 474-1886
+1 (212) 474-3700