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Karin E. Garvey

Karin E. Garvey
Counsel
karin.garvey@kayescholer.com

New York
T: +1 212 836 7030 F: +1 212 836 6598

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Karin Garvey practices complex commercial litigation and has considerable experience in antitrust disputes. She has practiced before both state and federal courts and has also participated in alternative dispute resolution such as arbitration and mediation.

With 15 years of complex commercial litigation experience, Karin has represented leading US and foreign companies at all stages of litigation—from motion practice to discovery to trial to appeal. She has represented and counseled clients in such industries as building materials, pharmaceuticals, cosmetics, film and private equity.

Karin has significant experience in managing complex, multi-jurisdictional cases from initial factual development through resolution and appeal and has played significant roles in achieving favorable settlements for her clients. She has prepared and defended top executives for deposition, hearing and trial and has conducted such examinations of her opponents. Karin also has significant experience working with experts—including economists, toxicologists, materials scientists, valuation experts, foreign law experts and appraisers, among others—developing reports and testimony, preparing for depositions and defending depositions, as well as taking depositions of opponents’ experts. In addition, Karin has written briefs and motions at all stages of litigation, has engaged in all phases of trial preparation and trial and has briefed and argued appeals.

An active participant in the firm, Karin serves on the Recruiting Committee and previously served on the Diversity and Associate Development Committees. She is committed to pro bono legal services, having represented clients in a variety of matters.

Recent Representative Matters

General Litigation

  • Currently defending various companies that are part of the Knauf Group of building materials companies in MDL class action and state court individual product liability lawsuits brought by thousands of homeowners who allegedly had defective Chinese-manufactured drywall installed in their homes. These cases involve not only traditional product liability issues but also raise complex issues of corporate veil piercing and environmental concerns.

  • Brought an arbitration on behalf of a private equity firm in a breach of contract suit involving rights to certain tax refunds in which the arbitrator ultimately awarded all damages sought on behalf of our client.

  • Defended Morgan Guaranty Trust Company of New York in a large commercial real estate dispute brought by its landlord involving complicated breach of contract and damages claims. Obtained favorable verdict after multi-week trial.

  • Defended and obtained a successful settlement for Arista Records, Inc. in a large commercial real estate dispute brought by its landlord involving breach of contract claims.

Antitrust Litigation

  • Currently defending King Pharmaceuticals, Inc. in an MDL proceeding brought by three purported classes of direct and indirect purchasers of a pharmaceutical product, as well as in individual antitrust lawsuits involving claims of monopolization and conspiracy to restrain generic competition as well as RICO violations.

  • Obtained summary judgment for client Pfizer Inc dismissing on the merits an action by California retail pharmacies alleging a conspiracy among brand name prescription drug manufacturers to fix prices in violation of the Cartwright Act. Case was affirmed on appeal.

  • Defended The Estee Lauder Companies, Inc. in a class action lawsuit alleging price-fixing and conspiracy not to discount, and obtained a favorable settlement that was ultimately approved by the Ninth Circuit.

  • Defended and obtained a favorable settlement for Loews Cineplex Entertainment Corporation and its then-parent company, private equity firm Onex Corporation, in a suit alleging restraint of trade that was brought by a movie theater against Loews, another movie theater chain and almost all major film distribution companies.

Counseling

  • In addition to her litigation work, Karin has advised multiple companies on antitrust issues relating to mergers and acquisitions and has represented clients in connection with civil investigations by the FTC.

Publications

Key contributor to Kaye Scholer’s Antitrust Client Updates.

“Eighth Amendment - The Constitutionality of the Alabama Capital Sentencing Scheme,” Journal of Criminal Law and Criminology (Summer 1996, Vol. 86).

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Beratungsschwerpunkte

Ausbildung

Northwestern University School of Law, JD, cum laude, 1997; Note and Comment Editor, Journal of Criminal Law and Criminology

Harvard College, AB, cum laude, 1994

Zulassung(en)

New York

US Court of Appeals for the Ninth Circuit

US District Courts for the Southern and Eastern Districts of New York

 
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