Gary A. Bornstein is a partner in Cravath’s Litigation Department. His practice focuses on high-stakes commercial disputes, including antitrust, M&A and securities litigation. In the past several years, Mr. Bornstein has represented buyers, sellers and lenders in contested M&A transactions, as well as corporations and directors in disputes with activist investors and other stockholders. Mr. Bornstein also regularly represents clients in antitrust litigation and investigations. In addition to litigation, Mr. Bornstein frequently provides antitrust, fiduciary duty and other transaction-related advice.
Representative recent matters include several high-profile M&A disputes, in both hostile and negotiated transactions, as well as litigation around competitive proxy contests; various cases defending directors and officers in fiduciary duty litigation; and antitrust litigation and investigations in the United States, Europe and Asia. Mr. Bornstein also won a defense judgment for a major financial institution in an antitrust class action suit after a five-week bench trial in New York federal court, which was affirmed on appeal. Other matters include securities litigation for various clients in federal and state courts across the country; multiple SEC investigations; and litigation, arbitration and other disputes arising out of complex contractual and joint venture arrangements.
Mr. Bornstein was named one of New York Law Journal’s Rising Stars in 2013. In 2012, he was recognized by Law360 as one of five outstanding attorneys in the nation under 40 in the securities arena for his M&A litigation work. The Legal 500 United States has also recommended Mr. Bornstein for M&A litigation since 2012, including naming him a Leading Lawyer in that area in 2013, 2017 and 2018. In 2013 and 2016, he and his colleagues earned the Firm distinction as “Law Firm of the Year” in M&A litigation in the U.S. News & World Report-Best Lawyers survey of the best law firms in the United States. Mr. Bornstein has been recognized by Benchmark Litigation every year since 2009 for his litigation work. He was named a “National Star” in antitrust litigation and a “Local Litigation Star” in the New York area by the guide from 2015 through 2019. He was also named to The Best Lawyers in America from 2015 through 2019 for antitrust litigation.
Mr. Bornstein was born in Merrick, New York. He received a B.A. in architecture from Yale University in 1994 and a J.D. from Harvard in 1997, where he was a Notes Editor of the Law Review and a winner of the Ames Moot Court Competition. After graduation, Mr. Bornstein served a clerkship with Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit. He joined Cravath as a summer associate in 1996, returned to join the legal staff in 1998 and became a partner in 2005.