Grant J. Esposito

Grant J. Esposito is co-chair of the firm’s Commercial Litigation and Trial Group. A trial lawyer, Grant has extensive experience in complex commercial litigation, including antitrust, environmental, healthcare,  securities, and transactional disputes.

Litigation Approach

Grant works with clients to identify pragmatic and cost-effective solutions to their challenging legal problems, crafting case strategies aligned with their business objectives and needs. He sees the big picture and focuses on the key issues at stake, enabling him to position clients for successful outcomes whether during motion practice, a settlement, or at trial. A client noted that Grant “understands from the beginning your strengths and weaknesses and is not afraid to tell you.”

His legal acumen has been recognized by clients and leading publications in the field. He was named Litigator of the Week by The American Lawyer, IP MVP by Law360, and a Trailblazer in Intellectual Property Law by the National Law Journal. Grant has also been recognized in Chambers USA (New York – General Commercial Litigation), The Legal 500 US (Litigation – Product Liability, Pharmaceuticals, and Medical Devices), and Best Lawyers in America (New York – Product Liability Litigation).

More About Grant

Grant served in several firm management roles, including as a member of the firm’s Executive Committee, Compensation Committee, and chair of the Global Litigation Department.

Notable Matters

• Bethpage Toxic Tort Litigation (Eastern District of New York). Lead trial counsel in a class action and individual cases alleging environmental contamination and toxic torts in excess of $1 billion. Advising client on related regulatory issues.
• Brokop v. Farmland Partners Inc. (District of Colorado). Lead counsel for Farmland Partners—a real estate investment trust (REIT) traded on the New York Stock Exchange—and its CEO and CFO in securities class action.  Prevailed on summary judgment.
• Farmland Partners Inc. v. Rota Fortunae (District of Colorado). Successfully prosecuted defamation claims against a short seller that launched a “short and distort” attack against our client. Favorable settlement included the author of a defamatory article recanting his false and misleading statements.
• Landmark Settlement for Adoptive and Foster Family Coalition of New York.  After more than ten years of litigation, we succeeded in significantly increasing the financial support provided to New York foster parents and creating structural changes to bring New York’s foster care rate system in compliance with federal law.   
• State of New York, et al. v. Deutsche Telekom AG, et al. (Southern District of New York). Successfully defended Sprint and SoftBank in trial brought by multiple State Attorneys General seeking to block the T-Mobile-Sprint merger as anti-competitive.
• Mosher v. DaVita Healthcare Partners (New York Commercial Division). Represented client in an escrow dispute and related matters arising from $4.2 billion acquisition. Settled on favorable terms.
• Amgen Inc., et al. v. Sandoz Inc., et al. (Northern District of California). Designed a statutory construction strategy that defined the “patent dance” contained in the Biologics Price Competition and Innovation Act, which was affirmed by the U.S. Supreme Court.
• United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund et al. v. Novartis Pharmaceuticals Corp., et al. (District of Massachusetts). Secured dismissal of a putative antitrust class action challenging patent settlement.
• United States of America et al. v. Novartis AG, et al. (District of Massachusetts). Secured dismissal of a False Claims Act lawsuit alleging off-label marketing and a kickback scheme.
• In re OxyContin Litigation (Southern District of New York). Trial counsel for Sandoz; prevailed on all patents.
• In re Fletcher International Ltd. Secured dismissals in New York, Boston, and Louisiana for an auditor in an alleged Ponzi scheme seeking hundreds of millions in damages.
• Frontier Insurance Group, Inc. v. Ernst & Young LLP (Southern District of New York). Won a unanimous jury defense verdict in an actuarial malpractice case seeking in excess of $200 million.
• In re Sino-Forest Securities Litigation (Southern District of New York). Represented a Canadian auditor in securities fraud proceedings.  Settled on favorable terms.
• Confidential Matters. Led arbitrations and other non-public proceedings involving regulatory investigations, merger litigation, breach of contract, professional services, and payor-provider disputes.