Alexander Simkin is a highly experienced commercial litigator who focuses on finding practical solutions to corporate clients’ most complicated litigation problems. With more than 15 years of trial experience on behalf of both plaintiffs and defendants, Alex helps some of the world’s most sophisticated financial institutions and other corporate clients successfully navigate complex issues, from pre-litigation advisory services through trial and appeal. He devotes a significant part of his practice to representing financial institutions involved in private equity, banking, insurance and other financial services in federal and state courts across the county. Many of Alex’s cases concern contracts, allegations of fraud/deceit, class actions, alleged violations of the federal securities laws, allegations of fiduciary duty breaches, or other business torts. Relying on his robust litigation experience, Alex also spends time advising corporate clients on advertising and marketing claims that give rise to ESG-related and other consumer protection concerns.
Clients have described Alex as an advocate with a unique ability to digest complicated problems and provide practical advice. Judges and juries also appreciate his thoughtful and straight-forward approach.
Alex has represented financial institutions including AIG, AmTrust, Angelo Gordon, Apax, Arrowstreet, Bain, Berkshire Hathaway, Blackstone, Goldman Sachs, New Mountain, Park Hill Group, Sands Capital, Sequoia, State Street, Travelers and UBS, as well as private equity portfolio companies, individual directors and officers, and other corporate or institutional clients such as Canada Goose, Charter Communications, Dillard’s Directors, Georgetown Company, Immunomedics’ Directors, Lehman Brothers’ Officers, Northwell Health, Pfizer, and the Police Benevolent Association of the City of New York.
Alex is also actively involved with pro bono legal services. He has represented a victim of sexual assault in a SDNY jury trial, the plaintiffs in a New York federal class action challenging the constitutionality of New York City’s property seizures under its Third Party Transfer program, the plaintiffs in a California federal class action seeking accommodations at a privately operated detention center that was the site of a significant COVID-19 outbreak, a community garden in a land dispute, as well as clients in housing and family courts.
Experience
Fraud, Breach of Contract and Other Business Torts
- Representing a leading global private equity firm and related entities and individuals in a number of lawsuits related to a former portfolio company’s default on high-yield debt. The plaintiffs, which include liquidators, an indenture trustee and bondholders, asserted claims in excess of $2 billion in multiple actions brought in state and federal courts. To date, we have obtained numerous dismissal orders for our clients in suits brought in federal and state courts at both the motion to dismiss phase and on summary judgment.
- Represented Sculptor Capital in defeating motion for a temporary restraining order brought in New York Supreme Court seeking to block the sale of Sculptor to Rithm Capital.
- Represented a large healthcare provider in litigation brought in New York Supreme Court alleging fraud, negligence and other claims relating to purported disclosures of the plaintiff’s patient records. Secured a complete dismissal.
- Represented a compliance consulting services firm and two individual employees in a case alleging that the company engaged in the unauthorized practice of law, purportedly resulting in tens of millions of dollars in damages to clients. Won a favorable arbitration ruling on behalf of our client.
- Representing a multinational alternative asset manager and its portfolio companies in matters concerning contractual, fraud, and securities litigation.
Class Actions
- Representing State Street and its subsidiary in a class action brought on behalf of users of Currenex, an electronic trading platform for foreign exchange transactions. Plaintiffs bring claims in the Southern District of New York for antitrust violations under the Sherman Act, RICO, and fraud, as well as other New York common law claims.
- Representing New York’s largest healthcare provider in over 10 class actions and dozens of individual actions arising from a privacy-related incident at a Long Island-based sleep center.
- Represented Canada Goose US Inc. in two class actions brought in the Southern District of New York. In both cases, successfully obtained complete with prejudice dismissals of putative nationwide class actions alleging that consumers were deceived by Canada Goose marketing statements.
- Representing the plaintiff homeowners of color in the New York federal class action Dorce v. City of New York challenging the constitutionality of New York City’s property seizures under its Third Party Transfer program. The Ropes & Gray team successfully obtained a favorable ruling from the Second Circuit rejecting the City’s jurisdictional challenges.
- Represented a multinational financial services firm in connection with securities litigation arising from its IPO.*
- Represented Lehman Brothers’ Officers in a variety of securities litigations arising from the company’s collapse.*
Fiduciary Duty Claims
- Secured a complete dismissal with prejudice for Blackstone Inc. and its board designees to Coral Acquisition Inc. in a Delaware Court of Chancery litigation brought by a co-investor in Coral alleging that Blackstone and members of the Coral Board of Directors breached their fiduciary duties to the company by rejecting the plaintiff’s proposed debt exchange.
- Representing directors and alleged controlling stockholders of global shipping company Performance Shipping, Inc. Obtained a complete dismissal of all claims brought by a minority stockholder for breach of fiduciary duty in New York state court.
- Represented former independent directors of Immunomedics, Inc. in a post-transaction damages litigation where [a] major Immunomedics shareholder filed suit in the Delaware Court of Chancery alleging that the members of the Immunomedics Board breached their fiduciary duties and sought to entrench themselves by approving a license transaction. Reached a favorable settlement of all claims against our clients
Administrative Litigation
- Led the day-to-day operations of multi-office litigation team that successfully prosecuted first-of-their-kind claims on behalf of Nippon Steel against President Biden arising from his improper use of CFIUS to block Nippon Steel’s $14.9 billion acquisition of U.S. Steel. These constitutional claims, filed in the D.C. Circuit, led to securing the first-ever reversal of a blocked transaction of any kind following a CFIUS review. Also oversaw five separate, major litigations and arbitrations arising from the deal, including an expedited litigation seeking injunctive relief against a U.S. Steel competitor and an antitrust class action brought on behalf of putative indirect steel purchasers.
- Represented the Police Benevolent Association of the City of New York in high-profile Article 78 proceedings challenging the public release of confidential police officer information, as well as in a significant amicus submission to the New York Court of Appeals.
Insurance and Reinsurance
- Represented a Berkshire Hathaway-affiliated insurer in a SDNY insurance coverage dispute under a business insurance policy arising from civil unrest in NYC. Obtained a complete with prejudice dismissal.
- Represented AIG in in a dispute with a Fortune 100 company concerning coverage for a high profile defamation settlement under multiple professional liability policies.*
- Represented Nationwide in a dispute with Platinum Partners and several of its executives concerning coverage under a D&O policy.*
- Represented numerous insurance and reinsurance companies in a wide range of matters, including defending challenges to certain insurance practices or lines, insurance-related consumer class action defense, and representing cedents or reinsurers in reinsurance disputes under facultative and treaty reinsurance.*
*Representations completed prior to joining Ropes & Gray.