Stuart R. Lombardi

• Benchmark Litigation, 2022 and 2023: 40 & Under List

• “Meaningfully Close Personal Relationship” Test Survives, But Perhaps in Name Only: Second Circuit Waters Down Newman’s Test (June 26, 2018)
• Second Circuit Eliminates “Meaningfully Close Personal Relationship” Test (August 24, 2017)
• Panelist, “Hot Topics in Antitrust 2016” (Lawline.com, February 17, 2016)
• Antitrust & Competition Law Digest (December 2015)
• Panelist, “Antitrust Section Panel and Networking Event for Law Students and Junior Attorneys (Why Antitrust?)”  (NYSBA, Antitrust Section, June 17, 2015)
• “‘RAND’ or ‘FRAND’ Royalties: Considerations After Microsoft v. Motorola,” The Antitrust Counselor, ABA Section of Antitrust Law, Volume 7.3 (June 2013, co-author)

Bankruptcy Litigation

• In re Clovis Oncology, Inc. (Bankr. Del.):  Debtors’ lead litigation counsel at confirmation hearing, in which debtor pharmaceutical companies secured confirmation of their bankruptcy Plan following evidentiary hearing and over objections of the Department of Justice, Securities and Exchange Commission, and stockholders’ committee.
• Netflix, Inc. v. Relativity Media, LLC (Bankr. S.D.N.Y.): Trial counsel to movie studio in bet-the-company litigation against Netflix. Willkie was hired 27 days before trial and won the case before the first witness was called.
• In re WP Steel Venture, LLC, et al. (Bankr. Del.):  Litigation counsel to the RG Steel debtors, formerly the fourth-largest flat-rolled steel producer in the U.S., in connection with their chapter 11 cases.

Bankruptcy Litigation – Torts

• Counsel to claimants’ committee, future claimants’ representative, and asbestos trust counsel in asbestos-related and talc-related bankruptcies.
• Honeywell Int’l, Inc. v. North American Refractory Company Asbestos Settlement Trust, No. 21-02097 (Bankr. W.D. Pa. 2022) (Agresti, J.): Trial counsel in week-long bench trial concerning contract interpretation and management of asbestos settlement trust, resulting in $1.325 billion payment for the Trust. Cross examined adversary’s contract negotiator and direct examined Trust’s claims processor.  In re All Matters Related to N. Am. Refractories Co., 647 B.R. 466 (Bankr. W.D. Pa. 2022).
• In re Imerys Talc America, Inc. (Bankr. Del.): Special litigation and corporate counsel to the Official Committee of Tort Claimants in first-ever talc mass tort bankruptcy.
• Whittaker, Clark, & Daniels, Inc., et al. (Bankr. N.J.):  Counsel to Future Claimants’ Representative in bankruptcy of talc suppliers.

Other Complex Commercial Litigation

• Oto Analytics, Inc. d/b/a Womply:  Trial counsel for Womply, a technology company that provided services to lenders during the Paycheck Protection Program, in litigation against lender for breach of contract and related claims.  Joined team two months before two-week trial in $600 million contract dispute.  Direct examined fact and damages witness and cross-examined head of relevant business unit.
• AlixPartners, LLP v. The Fund for Protection of Investors, United States Supreme Court, No. 21-401, 596 U.S. ____ (June 13, 2022): Represented Petitioners in successful appeal to the Supreme Court of the United States, securing decision hailed as a “landmark decision” marking a “sea change” that will “transform international arbitration.”  Court reversed Second Circuit decision and unanimously held that only a governmental or intergovernmental adjudicative body constitutes a “foreign or international tribunal” under 28 U.S.C. § 1782. www.supremecourt.gov/opinions/21pdf/21-401_2cp3.pdf
• McKinsey & Co., Inc., et al. v. AlixPartners, LLP, C.A. No. 9523-VCZ (Del. Ch. 2019), aff’d No. 384, 2019 (Del. 2020): In case raising question of first impression under new public access rule, defeated application in both Chancery and Delaware Supreme Court.
• Travelers v. Old Mutual PLC (S.D.N.Y.): Defended Old Mutual against lawsuit and motion for a preliminary injunction seeking to halt its multi-billion dollar corporate reorganization.
• Veritas Steel, LLC v. Lunda Construction Company, 2020 WI 3 (Wis. 2020): Defended Veritas Steel LLC and Atlas Holdings in the trial court, appellate court, and Wisconsin Supreme Court against successor liability and fraudulent transfer claims brought following a strict foreclosure.  Secured case-ending decision on question of first impression regarding application of the successor liability doctrine to strict foreclosures.
• MedAssets, Inc.:  Represented MedAssets in its acquisition by Pamplona Capital Management and Vizient, Inc. for $2.7 billion.
• Montgomery v. Louisiana, 136 S. Ct. 718 (2016):  Contributed to brief submitted by amicus curiae appointed by the Supreme Court to argue against the Court’s jurisdiction.
• Represented prominent investment advisers in insider trading investigations conducted by the DOJ and SEC.
• Represented companies in confidential antitrust agency investigations in the United States and Europe.
• Represented the acquiror in a dispute with the seller concerning a multi-hundred-million-dollar corporate acquisition.
• Represented the acquiror in a dispute with the seller concerning a working capital adjustment as part of a multi-billion-dollar corporate acquisition.