EXPERIENCE

Some of Justin’s recent representations include:

• ExxonMobil in nationwide litigation, investigations, and other proceedings pertaining to climate change. These matters include civil actions brought by states, municipalities, and private plaintiffs; federal and state regulatory inquiries; and a federal securities class action. Justin tried an enforcement action brought by the New York Attorney General in state court and obtained a complete defense verdict for the company. An earlier SEC investigation was closed with a recommendation that no action be taken.
• Mastercard in three putative class actions filed by ATM users and owners alleging that Mastercard’s non-discrimination rule violates federal and state antitrust laws and state consumer protection laws. Justin also represents Mastercard in the so-called “Interchange” multidistrict litigation brought by putative classes of U.S. merchants, as well as in related individual actions brought by nearly 100 of the largest merchants in the U.S., challenging payment card “interchange” fees and certain rules governing merchants’ acceptance of payment cards. He has also represented Mastercard in regulatory inquiries, including a recently concluded matter before the FTC, and in multiple consumer class actions arising from disruptions in service for prepaid cards issued by third parties.
• World Wrestling Entertainment in a securities class action and shareholder derivative litigation alleging that WWE made misleading statements regarding the status of WWE’s media rights agreements in the Middle East and North Africa region.
• Uber in a successful TRO application challenging a rate increase by the New York City Taxi and Limousine Commission as arbitrary and capricious.
• Bumble Bee in consumer-protection litigation challenging statements about labor practices and worker safety.
• Goldman Sachs in long-running litigation arising from synthetic CDOs.
• Zuora in a securities class action alleging misrepresentations about attributes of enterprise software.
• News Corp. and News America Marketing in an antitrust class action brought by customers of in-store marketing products, who sought hundreds of millions of dollars in damages, before trebling. The case settled after the first day of a jury trial in the Southern District of New York.
• Performance Sports Group in a securities class action, regulatory matters, and bankruptcy litigation pertaining to allegations of “channel stuffing.”

Justin previously served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of New York, where he was Deputy Chief of Appeals. During his six years as a federal prosecutor, he led the investigation and prosecution of a wide range of federal crimes, including financial fraud, public corruption, identity theft, cybercrime, and money laundering. Justin took 14 criminal cases to trial, including multiple high-profile public corruption matters and complex white collar cases. For his work on one of those matters, he received the John Marshall Award, the Justice Department’s highest award for trial litigators.

In addition to his successful trial work, Justin is an accomplished appellate advocate. He recently argued appeals for Mastercard in the United States Court of Appeals for the District of Columbia Circuit, and for ExxonMobil in the Supreme Judicial Court of Massachusetts and in the United States Court of Appeals for the Second Circuit. As a federal prosecutor, Justin argued 19 appeals in the Second Circuit and supervised briefing and oral argument in another 80 cases. Addressing questions of first impression, Justin has briefed and argued challenges to the Government’s power to compel the disclosure of emails stored abroad, the extraterritorial reach of securities fraud prosecutions, personal jurisdiction over nonresident corporations, and viewpoint discrimination in the exercise of state power.

In 2019, Justin was named one of the “Litigators of the Week” by The American Lawyer for his work on behalf of ExxonMobil in a landmark $1.6 billion climate-change lawsuit brought by the New York Attorney General’s office. In addition to writing on a number of litigation and antitrust topics, Justin has published articles in in Law360 and has spoken at the Practicing Law Institute’s Expert Witness Program on a panel entitled “Expert Challenges and Use of Experts at Trial.”

Justin was the Editor-in-Chief of the Yale Journal on Regulation. Before law school, he was a vice president at an investment bank.