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Lowenstein Sandler LLP

Gavin J. Rooney

Gavin J. Rooney

Partner
Chair, Business and Class Action Litigation

Lowenstein Sandler LLP
New York, U.S.A.

tel: 212.419.5853 (NY)
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Local Time: Sun. 08:35

Profile

Gavin specializes in class action and complex commercial litigation, representing corporate and institutional clients. Consistently recognized as a leading commercial litigator, Gavin has been described by clients as "excellent" and "very thorough, detail-oriented, and extremely intelligent" (Chambers USA).

Gavin's interest in military history has served him well in successfully defending corporate clients in securities, shareholder derivative, class action, consumer fraud, mass tort, and RICO claims. Approaching every matter from a strategic angle, he surveys the state of play, assembles facts, determines tactics, and deploys a clear-sighted grand strategy to achieve his clients' business goals. Gavin effectively manages massive claims and supervises large teams of lawyers while remaining the central point of contact for his clients.

Gavin has handled numerous jury and nonjury cases across the United States. He has argued before the appellate courts of California, Florida, Massachusetts, New Jersey, and New York, and before several federal circuit courts of appeal. He also handles other types of commercial litigation, from shareholder disputes to real estate and environmental matters.

Bar Admissions

    New Jersey
    New York

Education

Columbia University School of Law (J.D. 1992), Harlan Fiske Stone Scholar
State University of New York at Binghamton (B.A. 1989), with honors, Phi Beta Kappa
Areas of Practice
Professional Career

Significant Accomplishments

Represented the State of New Jersey as special outside counsel in the State’s lawsuit against Volkswagen, Audi, and Porsche for their role in a massive consumer fraud scandal known as “dieselgate.” Successfully negotiated a settlement of all claims for a total of $69 million for New Jersey.

Defeated certification of a class of ratepayers suing a Massachusetts electric utility for damages caused by widespread and lengthy blackouts following a major winter storm. Successfully defended that result on appeal to the Massachusetts Supreme Judicial Court, which resulted in one of the key Supreme Judicial Court opinions addressing the standards for class certification in Massachusetts.

Led the defense of Bristol-Myers Squibb against several hundred toxic tort lawsuits designated as a "mass tort" by the New Jersey Supreme Court, with parallel cases pending in the District of New Jersey.

Won a decision from the Third Circuit affirming dismissal of RICO, Consumer Fraud Act, and other claims brought by a putative class of third-party payers against Merck, in which the plaintiffs' alleged injury arose from the defendant's supposed marketing of oncology drugs for "off label" indications. This victory was profiled in Law360, "How They Won It," July 10, 2012, and is considered to be one of "The Best Prescription Drug/Medical Device Decisions of 2012" by some industry experts.

Successfully prosecuted a securities fraud claim before the Financial Industry Regulatory Authority on behalf of a large pharmaceutical company against a major investment bank, seeking to recover massive losses incurred from short-term cash management investments when the 2007 financial crisis struck the markets. Secured a nine-figure settlement for the client.

Defeated a motion to certify a class of real estate developers suing Verizon, claiming that Verizon had improperly charged them for expenses involved in relocating the utility's infrastructure in order to accommodate their developments.

Won summary judgment on behalf of a short-biased investment fund, dismissing RICO conspiracy claims brought by a pharmaceutical company alleging that the short seller conspired with other hedge funds, a sell-side stock analyst, and others to supposedly spread false information and manipulate the plaintiff's stock price. The case was widely followed by the press ("The Inside Story of a Wall Street Battle Royal," Forbes, July 26, 2006, and "SEC Looks at Hedge Funds' Trades," The Wall Street Journal, Feb. 13, 2009).

Defended Schering-Plough against securities fraud claims that it misled investors about its manufacturing problems and the risks those problems supposedly posed to FDA approval of a new blockbuster antihistamine drug.

Defended numerous product manufacturers against putative class action claims under the New Jersey Consumer Fraud Act, including the manufacturers/sellers of the allergy drug Claritin and Coppertone sunscreen.

On behalf of Jersey Central Power & Light Company, won the first-ever decertification of a class action pending in New Jersey state court, as well as a decision dismissing a classwide damages model that established New Jersey law on the admissibility of such models.

Speaking Engagements

Lowenstein’s Gavin J. Rooney will be speaking on the panel “The Fight for Arbitration” at the Annual Fall Legal Reform Conference hosted by the New Jersey Civil Justice Institute.   

The panel will be discussing what is at stake in the fight for arbitration, and what can be done to make the state safe for faster, more efficient dispute resolution.

Panelists:

  • Gavin J. Rooney, Partner, Lowenstein Sandler LLP
  • Archis Parasharami, Partner, Mayer Brown
  • Jason Johnston, Director, University of Virginia

The conference runs 8:30 a.m.-1 p.m. and will be held at the PriceWaterHouseCoopers Campus in Florham Park.



Professional Associations

New Jersey State Bar Association
  • Class Action Committee
New Jersey Law Reform Association
  • Legal Advisory Board
Defense Resources Institute
  • Class Action Section
Association of the Federal Bar of the State of New JerseyInternational Institute for Conflict Pervention and Resolution (CPR)
  • E-Discovery Committee

Professional Activities and Experience

Accolades
  • Chambers USA (2013-2019) - Rooney
  • The Best Lawyers in America - Rooney
  • New Jersey Super Lawyers (2009-2018) - Rooney

Articles

    A Review of the State of the State, July 2011
    Class Action Alert, March 2005
    Court Opens the Door to Nationwide Consumer Fraud Class Actions, June 2006
    Court Opens the Door to Nationwide Consumer Fraud Class Actions Against New Jersey-Based Companies, April 2006
    Does the Failure of the Preemption Defense in Wyeth v. Levine Expose New Jersey-Based Drug Companies to Consumer Fraud Act Claims?, June 5, 2009
    Getting a Handle on the Unmanageable, April 29, 2002
    Lowenstein Sandler Advocates to Reduce Abusive Consumer Class Actions Harming New Jersey Businesses, June 26, 2017
    New Jersey Pushes Back Against Class Action Waivers and Arbitration Clauses, February 23, 2015
    New Jersey’s Truth-in-Consumer Contract law provokes new class-action suits, June 17, 2016
    NJ Pushes Back Against Pro-Arbitration Federal Policy, March 10, 2015
    Of Blackouts and Lawsuits, July 2004
    Out-of-State Roadshow for N.J.’s Consumer Fraud Act, July 10, 2006
    Putting the ‘but for’ Back into Concurrent Causation, October 24, 2014
    State Courts May Become Sole No-Injury Class Action Forum, January 8, 2016
    Telecom 'Detariffing' Poses Risk of More Class Actions, April 20, 2001
    Terms Of Misuse: Class Plaintiffs Exploit Obscure New Jersey Law, Creating E-Commerce Havoc, July 29, 2016
    The Long Reach Of The New Jersey Consumer Fraud Act and Similar State Legislation, November 2010
    U.S. Supreme Court Hears Argument in Closely Watched Class Action Appeal, November 6, 2015
    What Must “No-Injury” Suits Allege to Satisfy Article III Standing to Sue in Federal Court?, May 17, 2016
    Your company’s online “terms of use” may be the target of a class action, June 6, 2016

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