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
- Solenis, a Clayton, Dubilier & Rice portfolio company, in its combination with BASF's paper and water chemicals business.
- 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.
- 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.