David H. Korn

Korn’s notable representations include:

• Representing the Blue Cross Blue Shield Association (“BCBSA”) and more than a dozen member plans in consolidated multidistrict antitrust class action litigation—one of the largest class actions in the country—brought by putative classes of healthcare providers and health insurance subscribers alleging that the Association and its members have used the Association’s agreements to fix prices and limit competition. He also represents BCBSA and various member plans in related opt‑out litigation across the country brought by large self‑funded subscribers and providers.

• Secured a major trial victory for American Express (“Amex”) in class action litigation brought in New York federal court by classes of debit card and non‑rewards credit card users in multiple states alleging that Amex’s non‑discrimination provisions inflated prices paid for goods and services sold by merchants across the country. Following a three‑week trial, the jury unanimously found that Amex’s non‑discrimination provisions do not unreasonably restrain trade—an important win that protects Amex’s business model.

• Representing Amex in a putative class action brought on behalf of more than 5,000 merchants in Rhode Island federal court challenging Amex’s non‑discrimination provisions as anticompetitive. Mr. Korn also represents Amex in arbitrating more than 1,200 similar claims brought by merchants in separate JAMS and AAA arbitrations.
• Representing PG&E in connection with mass tort litigation related to the California wildfires between 2019 and 2021.
• Represented ESPN in connection with separate media rights litigation between the Atlantic Coast Conference (ACC) and Florida State University, and the ACC and Clemson University. A settlement resolved all pending litigation.
• Represented M6 Midstream, a leading independent midstream energy company, in a property and antitrust dispute concerning a series of proposed natural gas pipeline installations in Louisiana. Following favorable decisions in the trial court and on expedited appeal, the parties voluntarily dismissed their claims against each other with prejudice.
• Represented The Walt Disney Company and its subsidiary FSLA Holdings LLC as trial counsel in an action filed by Santos Laguna S.A. de C.V. in California state court, which alleged breach of contract and other claims arising out of Disney’s divestment of certain broadcasting assets in Mexico. Won the dismissal of multiple claims and secured summary adjudication and other pretrial rulings that reduced Santos’s claimed damages by 70%. The parties subsequently reached a settlement partway through a jury trial on the remaining claims.
• Represented The Williams Companies in securing a judgment totaling more than $600 million—following wins at trial in the Delaware Court of Chancery and on appeal to the Delaware Supreme Court—in M&A litigation against Energy Transfer, LP related to a planned $37.7 billion merger.
• Represented Amex in an antitrust lawsuit originally brought by the U.S. Department of Justice and 17 state attorneys general challenging certain provisions in Amex’s merchant agreements—one of the most significant government antitrust enforcement actions in history. Mr. Korn was a member of the team that secured a complete defense victory for Amex before the U.S. Supreme Court.

• Represented GTT Communications and certain of its officers and directors in a securities class action concerning GTT’s $2.3 billion acquisition of Interoute Communications Holdings S.A. The parties ultimately reached a settlement.

• Represented First Solar in a securities class action in Arizona federal court and related derivative actions alleging that First Solar and several of its officers and executives misrepresented the company’s financial state, concealed material facts regarding defective solar modules and committed accounting violations, all to inflate First Solar’s stock price.
• Represented Amex in a series of putative class actions and individual lawsuits brought by large supermarket and pharmacy chains alleging that Amex’s non‑discrimination provisions violated Sections 1 and 2 of the Sherman Act, which settled following Amex’s victory in the Supreme Court.

• Represented Sabre, a leading travel technology company, in its successful appeal of a $15 million jury verdict in antitrust litigation brought by U.S. Airways alleging that certain of Sabre’s contract provisions restrained airfare competition. The Second Circuit vacated the jury verdict and remanded for further proceedings.

• Represented Avon before the Second Circuit in an appeal challenging the denial of class certification in a lawsuit alleging that Avon falsely marketed its Anew anti‑aging skincare products.

• Represented Credit Suisse in numerous residential mortgage‑backed securities (RMBS) actions filed across the country, including lawsuits filed by the National Credit Union Administration Board (NCUA) to recover alleged losses stemming from certain purchases of RMBS securities. Mr. Korn also represented Credit Suisse in separate actions brought by the Attorneys General of New York and New Jersey.

• Represented Credit Suisse in litigation brought by former Huntsman shareholders seeking hundreds of millions of dollars in alleged damages for alleged misrepresentations and common law fraud relating to the failed 2008 Huntsman/Hexion merger.