Jeffrey B. Korn

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8842
F 212 728 9842
jkornwillkie.com

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. 

Highlights

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 Significant Matters

Antitrust Litigation and Counseling

  • Regularly counsels clients in connection with significant M&A and litigation matters across a wide range of industries including financial information technology, pharmaceuticals, airlines, retail, telecommunications, insurance and banking
  • MedAssets, Inc. – Represented MedAssets in its acquisition by Pamplona Capital Management and Vizient, Inc. for $2.7 billion
  • BB&T – Represented BB&T in its acquisition of Swett & Crawford for $500 million
  • MetLife – Represented MetLife in its sale of its national distribution salesforce to MassMutual
  • Hudson's Bay Company – Represented Hudson's Bay, which owns Lord & Taylor, in its $2.9 billion acquisition of Saks Incorporated
  • Tornier, Inc. – Represented Tornier in its acquisition by Wright Medical Group and approval following second request and consensual divestitures with FTC
  • The Men’s Wearhouse – Represented The Men’s Wearhouse in securing unconditional approval of its acquisition of Jos. A. Bank following second request investigation by FTC
  • Pearl Therapeutics – Represented Pearl in its $1.15 billion sale to AstraZeneca to strengthen its respiratory products portfolio
  • 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.)

Securities and M&A Litigation

  • White Mountains v. The Allstate Corporation – Obtained dismissal of action against buyer and then represented buyer in purchase price adjustment dispute in 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. - Represented 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.)

Other Complex Commercial Litigation

  • Deepwater Horizon litigation – Obtained summary judgment, affirmed on appeal, for client in multidistrict litigation arising out of Deepwater Horizon oil spill
  • RICO class action litigation – Representing insurer in nationwide class action alleging violations of RICO in connection with reinsurance transactions
  • Private equity litigation – Regularly represents private equity funds and their portfolio companies in a wide variety of complex commercial business disputes

Selected Professional and Business Activities

  • Jeffrey serves as a member of the Board of Visitors of the Columbia School of Law.
  • Jeffrey previously served as Vice-Chair of the Exemptions and Immunities Committee and of the Books and Treatises Committee of the Section of Antitrust Law of the American Bar Association.
  • Jeffrey’s 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).