Grant J. Esposito

Grant J. Esposito

Partner

New York, (212) 468-8166

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, including health care, securities law, intellectual property, and product liability. He has particular expertise in representing clients in the life sciences and professional-services industries in 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), Best Lawyers in America (New York–Product Liability Litigation), and New York Super Lawyers (General Litigation).

Representative Experience

  • Amgen Inc., et al. v. Sandoz Inc., et al. (N.D.C.A.).
    Secured a victory on behalf of Sandoz Inc. in the first case to interpret the Affordable Care Act’s Biologics Price Competition and Innovation Act (BPCIA). The federal district court ruled in Sandoz’s favor, adopting Sandoz’s interpretation of the BPCIA in all respects. The court also denied Amgen’s motions urging a contrary interpretation and seeking a preliminary injunction.
  • 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.
  • United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund et al. v. Novartis Pharmaceuticals Corp., et al. (D. Mass.).
    Represented client in a putative antitrust class action alleging sham litigation arising from settlement of ANDA litigation.
  • Confidential Arbitrations.
    Numerous confidential proceedings involving breach of contract, licensing/royalties, payor-provider disputes, and merger-related litigation.

Learn more about Grant’s representative experience.

More About Grant

A chair of Morrison & Foerster’s Litigation Department, Grant advises on litigation management and business development issues. He also counsels Boards of major companies on litigation risk and disclosure issues. In addition, Grant serves as a member of the firm’s Executive and Compensation Committees.

In his spare time, Grant enjoys coaching youth sports (baseball, basketball, and football) and judging High School Speech and Debate tournaments.

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 in ANDA litigation; prevailed on all patents.
In re Fletcher International Ltd.
Multi-state litigation arising from an alleged Ponzi scheme orchestrated by Alphonse “Buddy” Fletcher and seeking hundreds of millions in damages. Secured dismissals in New York and Boston at the pleadings stages on behalf of auditing firm client. The Massachusetts Appeals Court unanimously affirmed the Superior Court’s decision to dismiss.
Madoff Litigation (S.D.N.Y.).
Won dismissal of a securities fraud lawsuit on scienter grounds against Ernst & Young LLP brought by investors in the Meridian Fund, a feeder fund that was part of the Madoff Ponzi scheme. The state law negligence claims were dismissed under SLUSA.
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.
In re Sino-Forest Securities Litigation (S.D.N.Y.).
Defended Canadian auditor in securities fraud proceedings, obtained favorable settlement.
In re Broadcom Corporation Class Action Litigation (C.D.C.A.).
Obtained favorable settlement in securities class action concerning allegations of options backdating.
Fownes Bros. v. JPMorgan Chase, et al. (N.Y. Commercial Division and First Department).
Won motion to dismiss and appeal of fraud action alleging negligent tax advice.
Anchor v. Novartis Grimsby Ltd., et al. (W.D.N.Y.).
Won motion to dismiss in a federal toxic tort case based on lack of personal jurisdiction; the Second Circuit affirmed.

Mr. Esposito has been named an American Lawyer Litigator of the Week and an IP MVP by Law360, and named by the National Law Journal as a Trailblazer in Intellectual Property Law. His work also has been recognized in Chambers USA: Guide to America’s Leading Business Lawyers (New York–General Commercial Litigation), Legal 500 US (Litigation–Product Liability, pharmaceuticals and medical devices), Best Lawyers in America (New York–Product Liability Litigation), and New York Super Lawyers (General Litigation).

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