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Sheron Korpus

Partner | New York
T (212) 506-1969
F (212) 506-1800
Sheron Korpus is a first-chair litigator and trial lawyer, with extensive experience in multi-billion dollar commercial, complex financial, securities, antitrust, bankruptcy and intellectual property disputes.  Sheron has tried cases in federal and state courts, as well as arbitration panels, across the U.S.  Sheron has been honored as an "Antitrust and Mergers & Acquisitions Trailblazer" by the National Law Journal in 2016 and was recognized as a 2015 and 2016 New York "Local Litigation Star" by Benchmark Litigation.  He has been featured in the Legal 500 Commercial Litigation and Securities: Shareholder Litigation guides, and has been selected to New York Super Lawyers since 2006.  Peers have commented in publications that Sheron “has outstanding skills as a trial lawyer and a broad and deep knowledge of commercial, securities and bankruptcy law,” and that “he can really carve up a hostile witness.”   Prior to joining Kasowitz, Sheron was a partner at White & Case LLP.
 
Notable Representations

  • Comcast Corporation in three antitrust class actions brought by a putative class of two million subscribers in each case.  These are test cases for the entire cable industry.  The U.S. Supreme Court ruled in favor of Comcast in a landmark 5-4 decision that, based on Sheron's cross-examination of Plaintiffs' damages expert, overturned class certification.  Sheron was recognized in Law360's Weekly Roundup as a "Legal Lion" following the Supreme Court's decision;
  • Loreley Financing, in analyzing and bringing claims against major investment banks and other financial institutions concerning billions of dollars of collateralized debt obligations and other structured finance products. In 2014, Sheron secured three victories for Loreley in The New York Appellate Division, First Department (including one reversal). In 2015, Sheron secured a reversal in favor of Loreley in the Second Circuit Court of Appeals; 
  • The developer of one the largest real-estate projects in the Tri-state area in disputes and litigation with the lender group.  The Appellate Division, First Department recently found that the developer can pursue a damages claim against the defaulting lender;
  • An airline defendant in the Air Cargo Shipping Services Antitrust Litigation, pending in the Eastern District of New York;
  • A $9 billion private equity firm in an arbitration against a former partner. Sheron achieved a significant victory in the arbitration, dismissing the $50 million claim and prevailing on counterclaims eliminating the claimant's residual equity interest in the fund; 
  • The indenture trustee for the pre-LBO notes in the Tribune Company bankruptcy;
  • Royal Bank of Canada in successful litigation concerning the waterfall provisions of certain RMBS;
  • The heirs to the Herzog collection, the largest private art collection in Hungary prior to World War II, in a lawsuit against the Hungarian government seeking the return of more than 40 artworks with an estimated combined value of more than $100 million;
  • Basell AF noteholders in breach of fiduciary duty litigation against the indenture trustee arising from the LyondellBasell LBO;
  • Visa USA in litigation against The Reserve Primary Fund, a money market fund that “broke the buck;"
  • Various defendants in securities cases including having secured a dismissal of the largest claim ever filed for disgorgement of short-swing profits pursuant to Section 16(b) of the Securities Exchange Act of 1934.  The decision was affirmed by the Second Circuit Court of Appeals, and Plaintiffs' petition for a writ of certiorari was denied by the U.S. Supreme Court.  Also represented a leading cable company in other securities and corporate governance actions arising from the collapse of Excite@home and obtained a dismissal of a class action brought by Excite@home's shareholders;
  • A leading agricultural company in intellectual property disputes, including patent infringement suits over genetically-modified corn and misappropriation of trade secret disputes relating to breeding practices;
  • Creditors in bankruptcy related disputes, including representation of a committee of trade creditors in Enron Corp.'s bankruptcy, and Mirant, the debtor in the tenth largest bankruptcy in U.S. history.  Recently defeated an injunction application brought in an attempt to enjoin Mirant from entering into a $3 billion merger;
  • Commercial parties in arbitrations, including representation of a sovereign corporation in two ICC arbitrations involving over $1 billion in financial assistance; and
  • An international pharmaceutical corporation in numerous actions concerning patent infringement, trade secrets and licensing disputes, including litigation and arbitration over the rights to develop anti-allergy drugs.
Reported Decisions

  • Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013)
  • Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Secs. LLC, 797 F.3d 160 (2d Cir. 2015)
  • Rogers v. Comcast Corp., 55 F.Supp.3d 711 (E.D. Pa. 2014)
  • Loreley Fin. (Jersey) No. 4 Ltd. v. UBS Ltd., 123 A.D.3d 413, 998 N.Y.S.2d 172 (N.Y. App. Div. 1st Dep't 2014)
  • Loreley Financing (Jersey) No. 3 Ltd. v. Citigroup Global Markets Inc., 119 A.D.3d 136, 987 N.Y.S.2d 299 (N.Y. App.Div. 1st Dep't 2014)
  • Arrowgrass Master Fund Ltd. v. The Bank of New York Mellon, 106 A.D.3d 582, 965 N.Y.S.2d 473 (N.Y. App. Div. 1st Dep't 2012)
  • Glaberson v. Comcast Corp., 295 F.R.D. 95 (E.D.Pa. 2013)
  • ERC 16W Ltd. Partnership v Xanadu Mezz Holdings LLC, 943 N.Y.S.2d 493 (N.Y. App. Div. 1st Dep't 2012)
  • Touchcom, Inc. v. Bereskin & Parr, 574 F.3d 1403 (Fed. Cir. 2009)
  • At Home Corp. v. Cox Communications, Inc., 340 F.Supp.2d 404 (S.D.N.Y. 2004), aff'd, 446 F.3d 403, Fed. Sec. L. Rep. P 93,818 (2d Cir. 2006), cert. denied, 549 U.S. 953 (2006)
  • Leykin v. AT & T Corp., 423 F.Supp.2d 229 (S.D.N.Y. 2006), aff'd, 216 Fed.Appx. 14, Fed. Sec. L. Rep. P 94,149 (2d Cir. 2007), cert. denied, 128 S. Ct. 883 (2008)
  • Behrend v. Comcast Corp., 532 F.Supp.2d 735 (E.D.Pa. 2007)
  • Behrend v. Comcast Corp., 245 F.R.D. 195 (E.D.Pa. 2007)
  • Behrend v. Comcast Corp.,626 F.Supp.2d 495 (E.D.Pa. 2009)
  • Williamson v. Cox Communications, Inc., 32 Del. J. Corp. L. 307 (Del. Ch. 2006)
  • Strauss v. Comcast Corp., 149 Fed.Appx. 15 (2d Cir. 2005)
  • In re Enron Corp., 325 B.R. 671, 54 Collier Bankr.Cas.2d 536, 44 Bankr.Ct.Dec. 250 (Bankr. S.D.N.Y. 2005)
  • James v. AT & T Corp., 334 F.Supp.2d 410 (S.D.N.Y. 2004)
  • Kruman v. Christie's Intern. PLC, 129 F.Supp.2d 620 (S.D.N.Y. 2001), aff'd , 284 F.3d 384, 2002-1 Trade Cases P 73,600, (2d Cir. 2002)

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