Gary Kubek is a litigation partner engaged primarily in antitrust litigation, merger review and counseling; federal securities, shareholder class and derivative ...
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Antitrust Litigation and Merger Review
- Defendants in federal and state court cases alleging price fixing, including the TIBOR Antitrust Litigation, Carbon Black Antitrust Litigation and Vitamins Antitrust Litigation; major book publishers and the American Association of Publishers in responding to antitrust objections to their proposed settlement with Google; and other clients in government and private antitrust litigation.
- Numerous clients in obtaining antitrust approval of proposed transactions, including Amazon.com’s acquisition of Twitch Interactive and Quidsi (Diapers.com and Soap.com), Pernod Ricard’s acquisitions of Vin & Sprit (the maker of Absolut vodka), Allied Domecq and portions of the Seagram’s wine and spirits business, Carlyle’s acquisition of Ineos Silicas, Phelps Dodge’s acquisition of Cyprus Amax and its merger with Freeport McMoRan, Altegrity’s acquisition of Kroll, acquisitions and joint ventures by Mitsui and numerous acquisitions by Clayton, Dubilier & Rice, Kelso & Company and other private equity investors.
- Counseling clients in various other antitrust issues, including compliance with non-US merger regulations, the structuring of distribution and other contractual arrangements, as well as the implementation of corporate antitrust compliance programs.
M&A and Shareholder Litigation
- The Special Committee and other independent members of the Board of Directors of Dell Inc. in defeating requests for a preliminary injunction and obtaining dismissal of 26 stockholder class actions challenging Dell’s $25 billion going-private transaction
- JPMorgan Chase & Co., its chairman/CEO and other officers in obtaining dismissal of multiple derivative lawsuits relating to residential mortgage backed securities and mortgage processing matters.
- Manulife Financial Corp. and two of its officers in obtaining dismissal of a federal securities class action arising out of the 2008-09 financial crisis.
- Successful representation of a Delaware corporation in an appraisal proceeding in the Delaware Court of Chancery.
- Yale Law School, 1978, J.D.
- Yale University, 1975, B.A.