Paul Gluckow is a Partner in the Firm's Litigation Department. His practice focuses on securities litigation - including class and derivative actions, disputes in connection with mergers and acquisitions, and government and internal investigations - as well as antitrust litigation, defense of law firms in legal malpractice and related matters, and other complex commercial litigation matters.
Mr. Gluckow regularly represents financial institutions, corporations, and individuals in high-profile securities and other shareholder litigations. He has recently handled securities matters involving certain former directors of BearingPoint, Inc. (defending against alleged breach of fiduciary duty claims); Sirius XM Radio Inc. and certain of its directors (defending against alleged breach of fiduciary duty and related claims); MarineMax, Inc. (defending individual defendant against alleged federal securities law, breach of fiduciary duty, and related claims); Banco Hipotecario S.A. (defending action claiming bank defaulted on certain notes); Banc of America and other investment banks (as underwriters defending against Section 11 claims); Morgan Stanley (auction rate securities derivative litigation); HealthSouth (federal securities litigation, shareholder derivative suits, and related ERISA litigation); KeySpan (federal securities litigation and shareholder derivative suits); ImClone Systems (federal securities litigation, shareholder derivative suits, and various related government investigations and inquiries, as well as an internal investigation for ImClone's Audit Committee); AIG (internal investigations, government investigations, and related securities and derivative litigation); LDK Solar (investigations related to allegations made by the Company's former financial controller); and other public companies in connection with internal and governmental investigation matters. Mr. Gluckow is an editor of the Firm's Securities Law Alert, a monthly newsletter that reports on developments in securities litigation and related areas. The Legal 500 2012 Edition singled out Mr. Gluckow as a talent in Securities Shareholder Litigation, describing him as 'very responsive and client friendly.'
Mr. Gluckow has substantial experience in litigation arising out of corporate acquisitions and other transactions, including most recently the acquisition of PSS World Medical, Inc. by McKesson Corp.; the acquisition of TPC Group Inc. by affiliates of First Reserve Corp. and SK Capital Partners; the acquisition of American Dental Partners, Inc. by funds affiliated with JLL Partners, Inc.; the acquisition of BJ's Wholesale Club by funds advised by CVC Capital Partners and affiliates of Leonard Green & Partners; the acquisition of Varian Semiconductor by Applied Materials; the acquisition of CNA Surety by CNA Financial; the acquisition of Del Monte Foods by affiliates of KKR, Centerview, and Vestar; the acquisition of the US assets and platform of Centro Properties by affiliates of The Blackstone Group; Fairfax Financial's tender offer for Odyssey Re; Overseas Shipholding Group's tender offer for OSG America; King Pharmaceutical's acquisition of Alpharma; the acquisition of Equity Office Properties by affiliates of The Blackstone Group; the acquisition of Open Solutions by affiliates of Carlyle and Providence Equity Partners; the acquisition of HCA by affiliates of KKR, Bain, and Merrill Lynch; the acquisition of TD Banknorth by affiliates of Toronto-Dominion Bank; and the acquisition of KeySpan by National Grid.
Mr. Gluckow has also been active in the Firm's antitrust practice, litigating antitrust actions on behalf of both plaintiffs and defendants, including cases alleging monopolization, price fixing, and other restraints of trade. Antitrust matters on which Mr. Gluckow has advised include representing: KKR in a DOJ investigation related to consortium bidding in leveraged buyout transactions and a civil antitrust action alleging collusion among private equity firms; KKR and Centerview in defending against a civil antitrust action arising out of the acquisition of Del Monte Foods; HCA Inc. and Palmyra Park Hospital in litigation by the Federal Trade Commission, and related matters, seeking to enjoin the sale of Palmyra; Verizon Communications in the Trinko v. Verizon litigation; Drummond Company in an antitrust action against Blue Cross and Blue Shield of Alabama; and Appleton Papers in civil and criminal antitrust matters.
Other complex commercial litigation matters on which Mr. Gluckow has advised include representing: various clients in connection with post-closing purchase price adjustment disputes; Cooper Industries in defending against alleged fraudulent conveyance and related claims; Blackstone and Equity Office Properties in various breach of contract disputes arising from Blackstone's acquisition of EOP; Wachovia in litigation arising out of the Adelphia bankruptcy; KeySpan in connection with breach of contract disputes; and law firms in defending against malpractice and related claims.
Mr. Gluckow is also active in the Firm's pro bono practice. Among other things, since 2007 he has supervised the Firm's work with co-counsel The Legal Aid Society in the Immigration Removal Defense Project, through which the Firm and Legal Aid have represented numerous clients in removal/deportation cases in Immigration Court.
Mr. Gluckow joined Simpson Thacher in 1996. He received his J.D. summa cum laude from Seton Hall University School of Law in 1994 where he was also Editor-in-Chief of the Seton Hall Law Review. He received his M. Phil. with highest distinction in 1992 from the University of Glasgow and his B.A. magna cum laude from the University of Notre Dame in 1988. In 1994-95, Mr. Gluckow served as a law clerk to the Hon. William G. Bassler of the United States District Court for the District of New Jersey, and in 1995-96 he clerked for the Hon. Samuel A. Alito, Jr., of the United States Court of Appeals for the Third Circuit.