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Justin C. Clarke is a partner in Cravath’s Litigation Department. He focuses his practice on mergers and acquisitions, securities, antitrust and general commercial litigation. 


Mr. Clarke represented Precision Castparts Corp. (“PCC”) and its board of directors in a purported shareholder class action lawsuit filed in Oregon federal court regarding PCC’s $37 billion acquisition by Berkshire Hathaway, alleging violations of Sections 14(a) and 20(a) of the Securities Exchange Act. 


Mr. Clarke represented Akorn, Inc. in litigation in the Delaware Court of Chancery regarding Fresenius’s termination of the parties’ $4.3 billion merger agreement. Following expedited proceedings, the case culminated in a one week bench trial in July 2018 and subsequent expedited appeal. It is one of a handful of cases regarding termination rights arising from material adverse event (“MAE”) provisions in merger agreements to be tried to a decision, and the first such appeal decided by the Supreme Court of Delaware. 


Mr. Clarke also represented Akorn and its directors in consolidated securities class action litigation and in shareholder derivative suits in federal court in Illinois concerning alleged data integrity and FDA compliance issues at Akorn. 


Mr. Clarke received an A.B. in Government and Spanish Language from Bowdoin College in 2004, and a J.D. from Columbia Law School in 2011, where he was a James Kent Scholar, a Harlan Fiske Stone Scholar and served as an editor of the Law Review. Following his graduation, Mr. Clarke served as a law clerk to Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit. Mr. Clarke joined Cravath in 2012 and was elected a partner in 2019. 

 

Updated July 2021