Jeffrey Korn

Willkie Farr & Gallagher LLP

Biography

Jeffrey B. Korn is a partner in the Litigation Department of Willkie Farr & Gallagher LLP in New York. His practice focuses on antitrust litigation and counseling, securities litigation, M&A litigation, and other complex business law disputes. He has represented a wide range of clients, including public and private companies, their officers and directors, mutual funds, private equity funds, hedge funds, and securities underwriters in both state and federal courts and before the antitrust and securities enforcement agencies.

 

Selected Professional and Business Activities

Mr. Korn serves as Vice-Chair of the Books & Treatises Committee of the Section of Antitrust Law of the American Bar Association.

 

Mr. Korn’s recent publications include: Proof of Conspiracy Under Federal Antitrust Law (co-edited); "If At First You Don’t Succeed: The Use Of Scheme Liability After Janus," Investment Lawyer (March 2013); "Gallus Revisited: Summary Judgment After Jones v. Harris," Investment Lawyer (Sept. 2012); "Jones v. Harris: Eighteen Months Later," Investment Lawyer (Nov. 2011); eDiscovery for Corporate Counsel (contributing author); and "Competitive Information Sharing In Merger Negotiations: How Much Is Too Much?," Wall Street Lawyer (April 2007) (co-authored with Katherine Forrest).

 

Selected Significant Matters

Antitrust Litigation and Counseling

  • Mr. Korn regularly counsels clients in connection with significant M&A matters across a wide range of industries, including financial information technology, pharmaceuticals, airlines, retail, telecommunications, banking, and shopping malls.
  • In the Matter of Polypore International, Inc. – Represented divestiture buyer in required divestiture of Microporous following post-closing investigation and trial;
  • In re Modafinil Antitrust Litigation – Represented pharmaceutical company in class action antitrust litigation and FTC investigation arising from settlement of patent litigation (E.D.Pa.)
  • In re Nifedipine Antitrust Litigation  – Represented pharmaceutical company in class action antitrust litigation relating to distribution of generic nifedipine in the United States (D.D.C.);
  • State of Ohio v. American International Group, et al  – Represented insurance broker in antitrust enforcement and damages action brought by the Ohio Attorney General arising from alleged industry-wide conspiracy (Ohio Ct. Com. Pl.);
  • Clayworth v. Pfizer – Represented pharmaceutical company in action brought under California’s Cartwright Act arising from alleged industry-wide price fixing conspiracy (Cal.);
  • Antitrust counseling in connection with significant M&A matters across a wide range of industries, including financial information technology, pharmaceuticals, airlines, telecommunications, banking, and shopping malls.

Securities and M&A Litigation

  • White Mountains v. The Allstate Corporation – Representing buyer in purchase price adjustment dispute in litigation and arbitration;
  • In re Quest Software, Inc. Shareholder Litig. – Represented private equity buyer in litigation arising out of $2 billion "going private" transaction (Del., Cal.);
  • In re AboveNet, Inc. Shareholder Litig.  – Representing target and board of directors in litigation arising out of $2 billion merger transaction (Del., N.Y.);
  • In re Cogdell Shareholder Litig. – Represented REIT acquiror in litigation arising out of $765 million acquisition (Md., N.C.);
  • In re Transatlantic Shareholders Litig. – Represented potential acquiror in litigation brought by shareholders and competing bidder arising out of $3 billion merger (Del., N.Y.);
  • NetCoalition v. SEC – Represented NetCoalition in appeal challenging reasonableness of fees for market data (D.C. Cir.);
  • Abu Dhabi Commercial Bank v. Morgan Stanley & Co., et al. – Represented hedge fund in securities class action arising from collapse of structured investment vehicle during recent credit crisis (S.D.N.Y.);
  • In re The Reserve Fund Securities Litig. and Related Actions – Represented money market mutual fund in high-profile "break the buck" litigation in more than 40 separate class, individual, and derivative lawsuits brought by investors in state and federal courts throughout the country (MDL);
  • In re Enron Securities Litig. and Related Actions – Represented major financial institution in all Enron-related actions (MDL);
  • In re Lucent Technologies, Inc. Securities Litig. – Represented telecommunications company in connection with numerous lawsuits and related SEC investigation (D.N.J.);
  • In re Builders Firstsource, Inc. Shareholders & Derivative Litigation – Represented private equity firm in shareholder challenge to proposed recapitalization of company (Del. Ch.);
  • Bay Harbour Management LLC v. Carothers, et al. – Represented officers of bankrupt furniture company in securities lawsuit brought in connection with debt securities offering (S.D.N.Y.).