Grant J. Esposito

Grant J. Esposito

Education

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

Bar Admissions

New York

Grant Esposito focuses his trial and arbitration practice on complex commercial litigation. He has particular expertise in representing clients in transactional disputes, the life sciences industry, securities litigation, and cross-border matters.

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. Grant sees the big picture and focuses on the key issues at stake, enabling him to position clients for successful outcomes whether during motion practice, at 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 an American Lawyer Litigator of the Week, an 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), Legal 500 US (Litigation–Product Liability, pharmaceuticals and medical devices), and Best Lawyers in America (New York–Product Liability Litigation).

More About Grant

Grant counsels public companies on litigation risk, government investigations, and disclosure issues. In addition, Grant serves as a member of the firm’s Executive and Compensation Committees, is a former chair of Morrison & Foerster’s Litigation Department, and is a frequent speaker on business development.

Representative Experience

  • Amgen Inc., et al. v. Sandoz Inc., et al. (N.D.C.A.).
    Architect of statutory construction strategy that defined the “patent dance” contained in the Biologics Price Competition and Innovation Act (BPCIA). The federal district court’s decision adopting Sandoz’s interpretation of the BPCIA in all respects was ultimately affirmed by the US Supreme Court.
  • Romano et al v. Northrop Grumman et al (E.D.N.Y.)
    Lead trial counsel in $600 million class action alleging environmental contamination and toxic tort claims.
  • Mosher v. DaVita Healthcare Partners (N.Y. Com. Div.).
    Represent DaVita in an escrow dispute and related matters arising from DaVita’s $4.2 billion acquisition of HealthCare Partners Holdings LLC.  Settled on favorable terms.
  • United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund et al. v. Novartis Pharmaceuticals Corp., et al.(D. Mass.).
    Successful motion to dismiss a putative antitrust class actions challenging settlement of patent litigation, affirmed on appeal.
  • Confidential Arbitrations.
    Numerous confidential proceedings involving merger litigation, breach of contract, and payor-provider disputes.

Learn more about Grant’s representative experience.

Romano et al v. Northrop Grumman et al (E.D.N.Y.).
Lead trial counsel in $600 million class action alleging environmental contamination and toxic tort claims.


Mosher v. DaVita Healthcare Partners (N.Y. Com. Div.).
Represent DaVita in an escrow dispute and related matters arising from DaVita’s $4.2 billion acquisition of HealthCare Partners Holdings LLC. Settled on favorable terms.


Amgen Inc., et al. v. Sandoz Inc., et al. (N.D. Cal.).
Architect of statutory construction strategy that defined the “patent dance” contained in the Biologics Price Competition and Innovation Act (BPCIA). The federal district court's decision adopting Sandoz's interpretation of the BPCIA in all respects was ultimately affirmed by the US Supreme Court.


United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund et al. v. Novartis Pharmaceuticals Corp., et al. (D. Mass.).
Successful motion to dismiss a putative antitrust class actions challenging settlement of patent litigation, affirmed on appeal.


United States of America et al v. Novartis AG, et al. (D. Mass.).
Secured the dismissal of client from a False Claims Act lawsuit alleging off-label marketing and kickback scheme that caused health care providers to overbill federal and state health insurance programs.


In re OxyContin Litigation (S.D.N.Y.).
Trial counsel for Sandoz; prevailed on all patents.


In re Fletcher International Ltd.
Multi-state litigation arising from an alleged Ponzi scheme seeking hundreds of millions in damages. Secured dismissals in New York, Boston and Louisiana at the pleadings stages and on appeal on behalf of auditing firm client.


Frontier Insurance Group, Inc. v. Ernst & Young LLP (S.D.N.Y.).
Following a three-week trial in the Southern District of New York, won a unanimous jury verdict on behalf of Ernst & Young in an actuarial malpractice case seeking in excess of $200 million.


Madoff Litigation (S.D.N.Y.).
Won dismissal of a securities fraud and negligence lawsuit against Ernst & Young LLP brought by investors in a feeder fund.


In re Sino-Forest Securities Litigation (S.D.N.Y.).
Defended Canadian auditor in securities fraud proceedings, obtained favorable settlement.


Confidential Arbitrations.
Numerous confidential proceedings involving merger litigation, breach of contract, and payor-provider disputes.


Mr. Esposito's legal acumen has been recognized by clients and leading publications in the field. He was named an American Lawyer Litigator of the Week, an 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), Legal 500 US (Litigation–Product Liability, pharmaceuticals and medical devices), and Best Lawyers in America (New York–Product Liability Litigation).

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