Grant J. Esposito

Partner

New York, (212) 468-8166

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Education

Cornell University (B.A., 1989)
;
Fordham University School of Law (J.D., 1992)

Practices

Commercial Litigation

Product Liability

Securities Litigation, Enforcement + White-Collar Defense

Bar Admissions

New York

Grant Esposito is Co-Chair of Morrison & Foerster's Litigation Department. His practice focuses on complex commercial litigation, including accountants' liability, product liability, securities law, and counseling clients on electronic discovery and records management issues. Mr. Esposito has particular expertise in representing clients in the pharmaceuticals and professional-services industries in the United States, Canada, and Europe.

Mr. Esposito has more than 15 years of experience of successful advocacy at the trial and appellate level, as well as through alternative dispute resolution tribunals. He is admitted to practice in the United States District Courts, Southern and Eastern Districts of New York, and to the United States Courts of Appeal for the Second, Tenth and Eleventh Circuits.

Mr. Esposito has spent more than a decade mentoring associates and running summer associate programs. He writes and speaks frequently on law firm life and how to succeed in that challenging environment.

Mr. Esposito is recommended by Legal 500 US in the product liability category for pharmaceuticals and medical devices. His work is also recognized in Chambers USA: Guide to America’s Leading Business Lawyers (New York–General Commercial Litigation), and New York Super Lawyers (General Litigation).

Mr. Esposito was elected to the Order of the Coif at Fordham University School of Law.

SP Syntax LLC v. Ernst & Young LLP, et al.

Following a three-week trial in California Superior Court, won a unanimous jury verdict on behalf of Ernst & Young (EY), defeating claims that the accounting firm had made negligent representations in connection with financial statements issued by Syntax-Brillian, a manufacturer of flat-screen televisions that filed for bankruptcy in 2008. Silver Point, a hedge fund, sought $50 million that it wasn't able to recover from Syntax-Brillian's bankruptcy proceedings, alleging that a $130 million loan it had extended to Syntax-Brillian would not have occurred but for alleged misrepresentations in EY's audit of the company. The jury, by a 12-0 vote, concluded that Ernst & Young had made no misrepresentations of any kind. (2010)

Frontier Insurance Group, Inc. v. Ernst & Young LLP

In a jury trial in the Southern District of New York, Morrison & Foerster successfully defended Ernst & Young (“E&Y”) in an actuarial malpractice case. The case stemmed from the decision by the New York State Department of Insurance to place Frontier Insurance Company (“FIC”) in rehabilitation. FIC’s parent claimed it relied on Ernst & Young's assessment of the company’s reserve estimates in deciding to make capital contributions to its primary operating subsidiary, and wanted to recoup those investments from E&Y, seeking in excess of $200 million. After 12 trial days in November/December 2009, the jury weighed the evidence and concluded that there was no negligence. This was the first significant actuarial malpractice case to go to trial since PricewaterhouseCoopers’s defense in the Ambassador litigation, and a significant victory for E&Y, which often faces these types of lawsuits.

In re UnitedHealth Group, Inc. Securities Litigation

(D. Minn.) Represented the former chair of the compensation committee of the board of directors of UnitedHealth Group Inc. in government investigations and civil actions relating to allegations of stock options backdating, resulting in avoidance of action by the government and settlements favorable to our client in the civil actions. (2008)

Anchor v. Novartis Grimsby Ltd., et al.

(W.D.N.Y.) Won motion to dismiss in a federal toxic tort case stemming from release in upstate New York. Court granted our motion to dismiss, holding that the allegations failed to establish a tort by our clients, which precluded a finding of personal jurisdiction, and the Second Circuit affirmed. (2008)

Dulin, et al. v. Guidant, et al.

(W.D. Ky.) Obtained dismissal for a large pharmaceutical company in a product liability case involving medical device where Plaintiff sought to confirm a class seeking medical monitoring. (2007)