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, 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), and Best Lawyers in America (New York–Product Liability Litigation).

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.
  • United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund et al. v. Novartis Pharmaceuticals Corp., et al.(D. Mass.).
    Represent client in a putative antitrust class actions challenging settlement of patent 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, government investigations, and disclosure issues. In addition, Grant serves as a member of the firm's Executive and Compensation Committees.

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.


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.).
Represent client in a putative antitrust class actions challenging settlement of patent litigation.


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.


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


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, Boston and Louisiana at the pleadings stages on behalf of auditing firm client.


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.


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'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).

Email Disclaimer

Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

©1996-2018 Morrison & Foerster LLP. All rights reserved.