Stuart R. Lombardi

• Benchmark Litigation 2022, 2023, and 2024: 40 & Under List

• "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)
  
   

Bankruptcy Litigation

• NARCO Trust: Obtained $1.325 billion payment following week-long bench trial concerning contract interpretation and management of asbestos settlement trust. Cross examined adversary’s contract negotiator and direct examined Trust’s claims processor. Honeywell Int'l, Inc. v. North American Refractory Company Asbestos Settlement Trust, No. 21-02097 (Bankr. W.D. Pa. 2022); In re All Matters Related to N. Am. Refractories Co., 647 B.R. 466 (Bankr. W.D. Pa. 2022).
• Hello Bello:  Debtors’ lead litigation counsel. In re Unconditional Love, Inc. (d/b/a Hello Bello) (Bankr. Del.).
• Whittaker, Clark, & Daniels, Inc., et al.: Lead counsel to Future Claimants' Representative. (Bankr. N.J.)
• Alex Jones and FSS bankruptcies: Litigation counsel to defamation victims in the bankruptcies of InfoWars radio host Alex Jones and his company. (Bankr. S.D.T.X.)
• Clovis: Debtors' lead litigation counsel at confirmation hearing, in which debtor pharmaceutical companies secured confirmation of their bankruptcy Plan following evidentiary hearing and over objections of the Department of Justice, Securities and Exchange Commission, and stockholders' committee. In re Clovis Oncology, Inc. (Bankr. Del.).
• Near Intelligence: Debtors’ litigation counsel. In re Near Intelligence, Inc. (Bankr. Del.).
• Netflix, Inc. v. Relativity Media, LLC: Trial 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. (Bankr. S.D.N.Y.)
• Imerys: Special litigation and corporate counsel to the Official Committee of Tort Claimants in first-ever talc mass tort bankruptcy. In re Imerys Talc America, Inc. (Bankr. Del.).
• RG Steel: Litigation counsel to the debtors, formerly the fourth-largest flat-rolled steel producer in the U.S. In re WP Steel Venture, LLC, et al. (Bankr. Del.).

Other Complex Commercial Litigation

• Oto Analytics, Inc. d/b/a Womply: Trial counsel for Womply, a technology company that provided services to lenders during the Paycheck Protection Program, in litigation against lender for breach of contract and related claims. Joined team two months before two-week trial in half-billion-dollar contract dispute. Direct examined fact and damages witness and cross-examined head of relevant business unit. Won a nine-figure decision following trial.
• AlixPartners: Represented Petitioners in successful appeal to the Supreme Court of the United States, securing opinion hailed as a "landmark decision" marking a "sea change" that will "transform international arbitration." 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. AlixPartners, LLP v. The Fund for Protection of Investors, United States Supreme Court, No. 21-401, 596 U.S. ____ (June 13, 2022); www.supremecourt.gov/opinions/21pdf/21-401_2cp3.pdf
• AlixPartners: In case raising question of first impression under new public access rule, defeated application in both Chancery and Delaware Supreme Court. McKinsey & Co., Inc., et al. v. AlixPartners, LLP, C.A. No. 9523-VCZ (Del. Ch. 2019), aff'd No. 384, 2019 (Del. 2020).
• Represents numerous private equity funds and their portfolio companies in a full range of disputes.
• Old Mutual: Defended Old Mutual against lawsuit and motion for a preliminary injunction seeking to halt its multi-billion-dollar corporate reorganization. Travelers v. Old Mutual PLC (S.D.N.Y.). 
• Veritas Steel: 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. Secured case-ending decision on question of first impression regarding application of the successor liability doctrine to strict foreclosures. Veritas Steel, LLC v. Lunda Construction Company, 2020 WI 3 (Wis. 2020).
• MedAssets, Inc.: Represented MedAssets in its acquisition by Pamplona Capital Management and Vizient, Inc. for $2.7 billion.
• Montgomery v. Louisiana: Contributed to brief submitted by amicus curiae appointed by the Supreme Court to argue against the Court's jurisdiction. 136 S. Ct. 718 (2016).
• 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.