Stuart R. Lombardi

Stuart R. Lombardi is a partner in the Litigation Department. His practice focuses on complex commercial litigation, including bankruptcy litigation, private equity disputes, antitrust litigation and counseling, and other complex business disputes. Stuart has represented a wide range of clients, including public and private companies, their officers and directors, private equity funds, their portfolio companies, hedge funds, debtors, and creditors in state and federal courts and before enforcement agencies.

Selected Significant Matters

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. 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. Hailed as a “landmark decision” marking a “sea change” that will “transform international arbitration.” www.supremecourt.gov/opinions/21pdf/21-401_2cp3.pdf
Honeywell Int’l, Inc. v. North American Refractory Company Asbestos Settlement Trust, No. 21-02097 (Bankr. W.D. Pa. 2022) (Agresti, J.): Trial counsel for the Trust in week-long bench trial concerning management of multi-billion dollar asbestos settlement trust and Honeywell’s wrongful interference with the trust’s administration. Decision pending.
In re Imerys Talc America, Inc. (Bankr. Del.): Special litigation and corporate counsel to the Official Committee of Tort Claimants.
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.
Netflix, Inc. v. Relativity Media, LLC (Bankr. S.D.N.Y.): 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.
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 (Wis.): 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.
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.
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.
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.

Selected Publications and Lectures

“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)

My Practices

Education

Bar Admissions

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Selected Significant Matters

Selected Publications and Lectures

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Recognition, Honors & Awards