Gary W. Kubek is a litigation partner engaged primarily in antitrust litigation, merger review and counseling; federal securities, shareholder class and derivative actions; merger and acquisition litigation and counseling; and general commercial litigation. Mr. Kubek’s antitrust practice includes private civil litigation, government review of proposed mergers, acquisitions and joint ventures, and other government investigations.
He also counsels clients with respect to antitrust issues involved in a wide variety of distribution and other commercial arrangements. His shareholder litigation practice includes representation of corporations and their directors and officers in federal securities class actions, state court litigation challenging acquisitions, derivative actions, and independent special committee investigations.
Mr. Kubek has been recognized as a leading lawyer in Chambers USA, which describes him as “thoughtful, well-prepared and an exceedingly calm and collected operator” who is “very knowledgeable of [his clients’] specific area of business,” and in Legal 500 US, which describes him as an “extraordinarily knowledgeable” and “cost effective” lawyer who “responds rapidly and makes himself very available.”
Mr. Kubek is a member of the Litigation, Antitrust and Business Sections of the American Bar Association and is Vice-Chair of the Antitrust Section’s Distribution and Franchising Committee. He is a co-author of Takeovers: A Strategic Guide to Mergers & Acquisitions (Wolters Kluwer 3d ed. 2010 & 2016 Supp.) and has frequently written and spoken on antitrust, securities and corporate governance topics.
Mr. Kubek received his B.A. summa cum laude from Yale College in 1975 and his J.D. from Yale Law School in 1978. Prior to joining the firm in 1979, he served as a Law Clerk to the Hon. J. Joseph Smith of the U.S. Court of Appeals for the Second Circuit.
- Antitrust Litigation and Merger Review
- Solenis, a Clayton, Dubilier & Rice portfolio company, in its combination with BASF’s paper and water chemicals business.
- Defendants in federal and state court cases alleging price fixing, including the TIBOR Antitrust Litigation, Carbon Black Antitrust Litigation and Vitamins Antitrust Litigation; major book publishers and the American Association of Publishers in responding to antitrust objections to their proposed settlement with Google; and other clients in government and private antitrust litigation.
- Counseling clients in various other antitrust issues, including compliance with non-U.S. merger regulations, the structuring of distribution and other contractual arrangements, as well as the implementation of corporate antitrust compliance programs.
- M&A and Shareholder Litigation
- The Special Committee and independent members of the Board of Directors of Dell in defeating requests for a preliminary injunction and obtaining dismissal of 26 stockholder class actions challenging $25 billion going-private transaction.
- JPMorgan Chase, its chairman/CEO and other officers in obtaining dismissal of multiple derivative lawsuits relating to residential mortgage-backed securities and mortgage processing matters.
- Markel Corporation in its $3.13 billion acquisition of Alterra Capital Holdings, a listed Bermuda reinsurer.
- Yale Law School, 1978, J.D.
- Yale University, 1975, B.A.
- New York
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