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Gavin J. Rooney

Partner
Chair, Business and Class Action Litigation

New York / New Jersey
T: +1 212.419.5853 / +1 973.597.2472 F: +1 973.597.2473 grooney@lowenstein.com
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Gavin Rooney handles commercial, M&A, securities, class action, product liability, and other complex litigation, representing corporate and institutional clients.

Gavin's interest in military history has served him well in successfully defending corporate clients against breach-of-contract, securities, shareholder derivative, class action, consumer fraud, mass tort, and RICO claims. Approaching every matter from a strategic angle, he surveys the state of play, assembles facts, determines tactics, and deploys a clear-sighted grand strategy to achieve his clients' business goals. Gavin effectively manages massive claims and supervises large teams of lawyers while remaining the central point of contact for his clients.

Gavin has tried numerous actions and arbitrations in forums across the United States. He has argued before the appellate courts of California, Florida, Massachusetts, New Jersey, and New York, and before several federal circuit courts of appeal. He also handles other types of commercial litigation, from shareholder disputes to real estate and environmental matters. Gavin also prosecutes plaintiff-side claims for corporations seeking to recover substantial losses.

  • Leveraged a client’s corporate structure to fashion a successful dispositive motion strategy allowing the client to escape from dozens of product-liability lawsuits alleging that plaintiffs contracted cancer from asbestos contamination in talc in client’s products.
  • Prosecuted claims by a pharmaceutical distributor arising from losses incurred when purchasing the rights to distribute generic pharmaceuticals that resulted in a substantial recovery for the client.
  • Prosecuted claims by a pharmaceutical company against a former collaboration agreement partner, seeking lost profits and other damages arising from the unlawful termination of a collaboration agreement between the parties. Tried the matter to a federal court over 33 trial days.
  • Won several AAA arbitrations for a telecommunications carrier seeking millions of dollars in damages on various tort claims.
  • Represented the State of New Jersey as special outside counsel in the State’s lawsuit against Volkswagen, Audi, and Porsche for their role in a massive consumer fraud scandal known as “Dieselgate.” Successfully negotiated a settlement of all claims for a total of $69 million for New Jersey.
  • Defeated certification of a class of ratepayers suing a Massachusetts electric utility for damages caused by widespread and lengthy blackouts following a major winter storm. Successfully defended that result on appeal to the Massachusetts Supreme Judicial Court, which resulted in one of the key Supreme Judicial Court opinions addressing the standards for class certification in Massachusetts.
  • Led the defense of Bristol-Myers Squibb against several hundred toxic tort lawsuits designated as a "mass tort" by the New Jersey Supreme Court, with parallel cases pending in the District of New Jersey.
  • Won a decision from the Third Circuit affirming dismissal of RICO, Consumer Fraud Act, and other claims brought by a putative class of third-party payers against Merck, in which the plaintiffs' alleged injury arose from the defendant's supposed marketing of oncology drugs for "off label" indications.

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Education

  • Columbia University School of Law (J.D. 1992), Harlan Fiske Stone Scholar

    State University of New York at Binghamton (B.A. 1989), with honors, Phi Beta Kappa

Affiliations

  • New Jersey State Bar Association
    • Class Action Committee
  • New Jersey Law Reform Association
    • Legal Advisory Board
  • Defense Resources Institute
    • Class Action Section
  • Association of the Federal Bar of the State of New Jersey
  • International Institute for Conflict Pervention and Resolution (CPR)
    • E-Discovery Committee

Admissions

  • New Jersey
  • New York

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