ProfessionalsRobert N. Kravitz
As counsel in the Litigation Department, Robert Kravitz has handled major litigations in a wide variety of areas, including securities, mergers & acquisitions, antitrust, employment law, and intellectual property.
Mr. Kravitz's recent work includes representation of:
- A major home security services company in derivative actions and shareholder class actions in connection with the company's share repurchase program and buyback of shares from an activist shareholder;
- A large U.S. coal mining company in contested matters in its Chapter 11 proceeding;
- A major hedge fund administration services company in connection with suits in federal and state courts brought by funds the company previously administered and by certain investors in those funds;
- The co-CEO of a major litigation services firm in connection with dissolution litigation against the other co-CEO;
- A major pharmaceutical company in derivative, ERISA, and shareholder class actions brought in connection with an unsuccessful clinical trial;
- One of the world's leading high technology companies in litigation against senior employees who have breached their non-competition agreements;
- A Canadian mineral exploration company in a shareholder class action alleging that the company fraudulently misstated its revenues;
- One of the world's largest financial services companies in a breach of contract action involving the sale of several businesses in Mexico; and
- A major US investment company in a shareholder class action suit concerning the company's role in the takeover of a leading software company.
Mr. Kravitz also has extensive appellate experience. He recently represented:
- A major home security services company is its successful opposition to an appeal to the Delaware Supreme Court of a decision in the Delaware Court of Chancery dismissing an derivative action against the company's directors and CEO;
- A major international financial services company in its successful opposition to an appeal to New York's Appellate Division challenging the dismissal of a breach of representation and warranty claim and a claim for punitive damages;
- A prominent New Jersey business leader against fraud and breach of fiduciary duty claims in federal court in Florida and on appeal in the United States Court of Appeals for the Eleventh Circuit;
- A major chemical company in an appeal to the Delaware Supreme Court concerning a "material adverse effect" provision in a merger agreement; and
- A major New York real estate company in an appeal to New York's Appellate Division concerning exercise of an option to acquire a major office building in Manhattan.
In a pro bono case on behalf of the widow of a victim of the September 11 World Trade Center attack, Mr. Kravitz won one of the largest compensation awards given by the federal Victims Compensation Fund.
Other clients that Mr. Kravitz has successfully represented include The ADT Corporation, American International Group, Apollo Global Management, Armstrong World Industries, The Citco Group Limited, Citigroup, Goldman Sachs, IBM, Kohlberg & Co., Elliott Associates, Merck & Co., Inc., Turquoise Hill Resources Ltd., Aeterna Zentaris, Inc., Polo Ralph Lauren, Revlon Consumer Products Corp., Walter Energy, Inc., ASCAP, and Blue Man Group.
Mr. Kravitz's reported cases include:
- Dropp v. Diamond Resorts International, Inc., 2019 WL 332399 (D. Nev. Jan. 25, 2019): successful motion to compel arbitration of claims alleging Securities Act violations.
- Karmanos v. Bedi, 2016 WL 8604490 (Mich. Cir. Ct. Dec. 28, 2016), aff’d 2018 WL 6252038 (Mich. App. Nov. 29, 2018): successful defense of derivative action asserting fraud and other claims against activist shareholder.
- Powstawko v. Missouri Department of Corrections, 910 F.3d 1030 (8th Cir. 2018): amicus brief in support of successful defense of certification of class of state prisoners alleging inadequate medical screening and care for chronic Hepatitis C viral infections.
- FIA Leveraged Fund Ltd. v. Grant Thornton LLP, 150 A.D.3d 492 (1st Dep’t 2017): successful defense of breach of fiduciary duty and other claims asserted by Cayman Islands hedge fund against the fund administrator.
- Park Emps.’ and Ret. Board Emps.’ Annuity & Benefit Fund v. Smith, 2017 WL 1382597 (Del. Ch. April 18, 2017), aff’d 175 A.3d 621 (Del. 2017): successful defense of breach of fiduciary duty claim against private equity investor.
- Fried v. Lehman Bros. Real Estate Assocs. III, L.P., 156 A.D.3d 464 (1st Dep’t 2017): successful defense of breach of fiduciary duty and other claims against investor advisor to real estate investment limited partnership.
- Henningsen v. The ADT Corporation, 161 F. Supp. 3d 1161 (S.D. Fla. 2015), aff'd 660 Fed. App’x 850 (11th Cir. Sept. 7, 2016): successful defense of federal securities law claims in connection with share repurchase program and buyback of stock from activist shareholder.
- Taseko Mines Ltd. v. Raging River Capital, 185 F. Supp. 3d 87 (D.D.C. May 5, 2016): successful prosecution of claim against dissident shareholders for misleading disclosures in violation of Section 13(d) of the Securities Exchange Act of 1934.
- Ryan v. Gursahaney, 2015 WL 1915911 (Del. Ch. Apr. 28, 2015), aff'd 128 A.3d 991 (Del. Nov. 19, 2015); Binning v. Gursahaney, 2016 WL 2653662 (Del. Ch. May 6, 2016): successful defense of derivative actions in connection with share repurchase program and buyback of stock from activist shareholder.
- In re Walter Energy, Inc., 2015 WL 9583518 (Bankr. N.D. Ala. Dec. 28, 2015), aff'd 579 B.R. 603 (N.D. Ala. May 18, 2016), aff’d 911 F.3d 1121 (11th Cir. 2018): successful motion to reject collective bargaining agreement and terminate Coal Act obligations to allow sale of failing coal mines to new owner.
- Shawe v. Elting, 2015 WL 4874733 (Del. Ch. Aug. 13, 2015) aff’d 157 A.3d 152 (Del. 2017): successful representation of co-CEO in dissolution action against other co-CEO.
- In re Turquoise Hill Resources Ltd. Sec. Litig., 2014 WL 7176187 (S.D.N.Y. Dec. 16, 2014): successful representation of mineral resources company in securities class action suit alleging that the company fraudulently inflated its reported revenue.
- Estate of Scutieri v. Chambers, 386 Fed. App’x 951 (11th Cir. 2010): successful representation of business leader in defense of fraud and breach of fiduciary duty claims.
- AXA Mediterranean Holding, S.P. ING Ins. Int'l, B.V., 106 A.D.3d 457 (First Dep't 2013): successful defense on appeal of dismissal of punitive damages claim and breach of representation and warranty claim.
- Abely v. Aeterna Zentaris Inc., 2013 WL 2399869 (S.D.N.Y. 2013): successful defense of pharmaceutical company against securities class action suit in connection with unsuccessful clinical trial of anti-cancer drug.
- In re Novell Inc. Shareholder Litigation, 2013 Del. Ch. LEXIS 1 (Jan. 3, 2013): successful defense of investment company accused of aiding and abetting breach of fiduciary duty in connection with the acquisition of a major software company.
- Klawonn v. YA Global Investments, L.P., 2010 WL 5094423 (D. N.J. 2010): successful defense of investment company in defense of short-swing trading allegations.
- In re Hollinger Int'l, Inc. Secs. Litig., 2006 U.S. Dist. LEXIS 47173 (N.D. Ill. 2006): counsel to major newspaper publishing company in securities class action litigation challenging its SEC filings.
- Sommer & Co. v. Rockefeller (In re Rockefeller Ctr. Props. Sec. Litig.), 311 F.3d 198 (3rd Cir. 2002): represented investor group that acquired Rockefeller Center in securities class action suit challenging the acquisition. Obtained dismissal of all claims.
- In re Tower Automotive Securities Litig., 483 F. Supp. 2d 327 (S.D.N.Y. 2007): won dismissal of several securities claims asserted against directors and officers of bankrupt manufacturer of automotive body frames.
- Hollinger Inc. v. Hollinger Int'l, Inc., 858 A.2d 342 (Del. Ch. 2004), appeal denied, 2004 Del. LEXIS 329 (Del. 2004): successfully represented newspaper publishing company in opposing effort by controlling shareholder to block the sale of the London Daily Telegraph.
- Shepley v. New Coleman Holdings Inc., 174 F.3d 65 (2d Cir. 1999): represented major camping supply equipment company in action brought by former employees who challenged reversion of pension benefits to the company. Won dismissal of plaintiffs' claims on summary judgment.
- In re Armstrong World Industries, Inc., 348 B.R. 111 (D. Del. 2006): represented unsecured creditors committee in trial to estimate current and future asbestos liabilities of major floor covering and building supply company.
- In re Dean Witter Partnership Litig., 1998 Del. Ch. LEXIS 133 (Del. Ch. 1998), aff'd 725 A.2d 441 (Del. Supr. 1999): represented financial services company in breach of fiduciary duty action brought by investors in real estate limited partnerships. Won dismissal of all claims.
- Black v. Hollinger Int'l, Inc., 2004 U.S. Dist. LEXIS 22276 (N.D. Ill. 2004): on behalf of newspaper publishing company, won dismissal of former CEO's breach of contract claim regarding the company's decision not to let the former CEO exercise his stock options.
- In Re Lorazepam & Clorazepate Antitrust Litigation, 205 F.R.D. 369 (D. D.C. 2002): represented distributor of active pharmaceutical ingredients in nationwide antitrust litigation concerning two generic drugs.
- Chase Manhattan Bank, N.A.T&N PLC, 905 F. Supp. 107 (S.D.N.Y. 1995): represented Chase Manhattan Bank in property damages action against British asbestos company that supplied asbestos fireproofing for use in the bank's New York headquarters.
- United States v. American Society of Composers, Authors and Publishers (In the Matter of the Applications of Capital Cities/ABC, Inc. and CBS, Inc., Applicants, for the Determination of Reasonable License Fees for Their Television Networks), 831 F. Supp. 137 (S.D.N.Y. 1993): successfully represented ASCAP in proceeding under antitrust consent decree to determine reasonable license fees for the use of ASCAP music by two television networks.
- People v. Bilal, 273 A.D.2d 951 (2d Dep’t 2000): pro bono representation of criminal defendant in appeal.
- Doe v. Dyett, 1993 U.S. Dist. LEXIS 13450 (S.D.N.Y. 1993): pro bono representation of mentally ill prisoner seeking damages for forced administration of anti-psychotic drugs.
In 1998 and 2000 Mr. Kravitz received the Legal Aid Society Award for Outstanding Pro Bono Service and in 1998 was presented with the Ladas Memorial Award by the United States Trademark Association for best article on trademark law by a new author. Mr. Kravitz was an editor of the Harvard Law Review.