Joseph M. McLaughlin

Partner at Simpson Thacher & Bartlett LLP

Joseph M. McLaughlin

Joseph M. McLaughlin

Partner at Simpson Thacher & Bartlett LLP

Biography

Joe McLaughlin has represented clients in hundreds of class action, shareholder derivative and other aggregated proceedings in trial and appellate courts across the country, including the United States Supreme Court.

He successfully represented B.A.T. Industries plc as lead counsel at the federal court jury trial of a healthcare expense reimbursement action seeking multibillion-dollar damages. Joe also successfully represented 52 limited partners of LJM2 Co-Investment L.P. as lead counsel at a trial regarding the validity of the removal of the general partner, and was lead trial counsel in proceedings for the limited partners around the country. The American Lawyer Litigation Daily recently featured Joe’s New York appellate win for Countrywide Home Loans, reversing a trial court decision in a closely-followed residential mortgage-backed securities case, and referred to Joe as a “class action star.” Joe recently obtained a rare reversal of class certification in 10b-5 litigation for Best Buy, Inc. in the Eighth Circuit Court of Appeals, followed by another certification denial on remand, and denial of certification for Virtus Investment Partners in federal district court, achievements that received widespread media recognition. In 2017 he also obtained appellate reversals in the Wisconsin Supreme Court and Florida Court of Appeals resulting in the dismissal of claims against Countrywide and Stonepeak Partners LP.

He has extensive experience representing clients in securities and complex commercial litigation and has represented clients in all types of government and internal investigations and related trial and appellate matters. He represented several underwriter defendants in the largest securities litigation in history, the Initial Public Offering Securities Litigation, in which he served as lead counsel for scores of defendants in obtaining an order striking the class allegations in numerous cases and subsequently negotiating a favorable settlement. He frequently advises corporate boards of directors and special committees in responding to shareholder demand letters and derivative claims.

His other recent successful engagements include:

* Representation of Lorillard, Inc. and its Board in numerous shareholder lawsuits arising from a $25 billion merger;
* Representation of Petrohawk Energy Corp. and its Board in tender offer litigation in three jurisdictions arising from a $15 billion merger, including defeating an attempt to enjoin the deal;
* Halcón Resources Corp. in obtaining dismissal in the Delaware Court of Chancery of shareholder litigation challenging corporate restructuring as a related party transaction;
* Representation of Bank of America’s Countrywide subsidiaries in residential mortgage-backed securities litigation brought by monoline insurers MBIA, FGIC and Ambac;
* Obtaining the dismissal of all claims against the independent directors of Tetragon Financial Group in federal securities litigation;
* Representation of J.P. Morgan Securities Inc. and Bear Stearns in 55 industry-wide cases alleging violations of Section 16(b) short swing profit regulations in connection with certain initial public offerings, including before the Supreme Court;
* Representation of the Special Transaction Committee of Clearwire Corp. in shareholder litigation arising from acquisition by Sprint Nextel;
* Obtaining summary judgment for Petrohawk Energy Corp. in a seminal bondholder action and before the Delaware Supreme Court in obtaining that ruling’s affirmance;
* Obtaining the dismissal with prejudice in Arkansas state and federal trial and appellate courts of shareholder derivative suits against the Board of Dillard’s;
* Representation of Smithfield Foods, Inc. and its Board in shareholder litigation arising from its acquisition by Shuanghui International, including obtaining denial of objections to settlement;
* Representation of GeoResources, Inc., in a lawsuit alleging breach of a warrant agreement; and
* Representation of private equity firms including Blackstone, Carlyle, Centerbridge, First Reserve, Lexington Partners, Hellman & Friedman and Silver Lake in numerous contested proceedings nationwide protecting confidentiality of investment information.

He is the author of the two-volume treatise, McLaughlin on Class Actions: Law and Practice (Thomson West 14th ed. 2017), which is one of the most frequently cited treatises in class action and shareholder derivative litigation in federal and state trial and appellate courts around the country, and for which he was awarded the Burton Award for Legal Achievement. He is a frequent lecturer across the country on class action, securities and corporate governance matters, and his commentary on these issues has been widely published, including in a regular column in the New York Law Journal.

Joe is listed in numerous publications, including being featured as a “Litigation Star” in Euromoney’s Benchmark Litigation survey, The Legal 500: Litigation’s preeminent product liability and mass tort defense lawyers, he was named to Irish America magazine’s 2011 Legal 100, The Best Lawyers in America and Super Lawyers, and the Martindale-Hubbell Law Directory recognizes him as an AV-rated attorney. Joe joined Simpson Thacher in 1990 and was elected a Partner in 1997. Prior to joining the Firm, Joe served as a law clerk to the Hon. John F. Keenan in the Southern District of New York. Joe serves as a member of the Board of Directors of Mobilization for Justice.

Overview
RelSci Relationships

3696

Number of Awards

8

Contact Data
Trying to get in touch with Joseph M. McLaughlin? Subscribe today to access their professional contact information and receive a one time promotion of free Contact Data credits!
Relationships
RelSci Relationships are individuals Joseph M. McLaughlin likely has professional access to. A relationship does not necessarily indicate a personal connection.

Partner at Simpson Thacher & Bartlett LLP

Relationship likelihood: Strong

Former Partner at Simpson Thacher & Bartlett LLP

Relationship likelihood: Strong

Faculty Member at Practising Law Institute

Relationship likelihood: Strong

Partner at Simpson Thacher & Bartlett LLP

Relationship likelihood: Strong

Partner at Simpson Thacher & Bartlett LLP

Relationship likelihood: Strong

Partner at Simpson Thacher & Bartlett LLP

Relationship likelihood: Strong

Partner at Simpson Thacher & Bartlett LLP

Relationship likelihood: Strong

Partner at Simpson Thacher & Bartlett LLP

Relationship likelihood: Strong

Partner at Simpson Thacher & Bartlett LLP

Relationship likelihood: Strong

Former Partner at Simpson Thacher & Bartlett LLP

Relationship likelihood: Strong

In The News
The New York Times - Biographical Materials
August 18, 2013
Joseph M. McLaughlin, Judge and Fordham Law Dean, Dies at 80
The New York Times - Biographical Materials
August 13, 2013
Paid Notice: Deaths MCLAUGHLIN, HON
Paths to Joseph M. McLaughlin
Potential Connections via
Relationship Science
You
Joseph M. McLaughlin
Partner at Simpson Thacher & Bartlett LLP
Education
JD
Class of 1988

Fordham University School of Law (commonly known as Fordham Law or Fordham Law School) is a part of Fordham University in the United States. The School is located in the Borough of Manhattan in New York City, and is one of eight ABA-approved law schools in that city.

BA, magna cum laude, Phi Beta Kappa
Class of 1985

Fordham University is a private, nonprofit, coeducational research university based in New York City, United States. It was founded by the Catholic Diocese of New York in 1841 as St. John's College, placed in the care of the Society of Jesus shortly thereafter, and has since become an independent institution under a lay board of trustees, which describes the University as "in the Jesuit tradition." Fordham is composed of ten constituent colleges, four of which are for undergraduates and six of which are for postgraduates. It enrolls approximately 15,000 students across three campuses in New York State: Rose Hill in the Bronx, Lincoln Center in Manhattan, and Westchester in West Harrison. In addition to these campuses, the University maintains a study abroad center in the United Kingdom and field offices in Spain and South Africa. Fordham awards the Bachelor of Arts, Bachelor of Science, and Bachelor of Fine Arts degrees, as well as various master's and doctoral degrees.

Memberships
Member
Current

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Member
Current

The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and improve the law. ALI drafts, discusses, revises, and publishes Restatements of the Law, Model Codes, and Principles of Law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.

Member
Current

The Association of the Bar of the City of New York is a voluntary association of lawyers and law students. The organization was founded in 1870 and it is headquartered in New York, NY.

Career History
Partner
1990 - Current

Simpson Thacher & Bartlett LLP provides legal services. Established in 1884, the firm provides coordinated legal advice on corporate transactions and litigation matters in industries which include financial services, insurance, power and natural resources, consumer products, services, technology, telecommunications, media, pharmaceuticals and healthcare industries. Cross-border finance, banking and bank regulation, mergers and acquisitions, securities issuance and regulation, project and asset based finance, real estate, asset management, joint ventures, taxation, litigation and dispute resolution are important aspects of the firm's practice.

Clerk
Prior

United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The Southern District is one of the most influential and active federal district courts in the United States, largely because of its jurisdiction over New York's major financial centers.

Boards & Committees
Member, Board of Directors
Tenure Unconfirmed

MFJ OFFERS FREE LEGAL ASSISTANCE TO LOW- INCOME NEW YORKERS THROUGHOUT NEW YORK CITY TO RESOLVE LEGAL PROBLEMS ON A WIDE RANGE OF CIVIL ISSUES.

Transactions
Details Hidden

SoftBank Group Corp., Sprint Communications, Inc. purchase Clearwire Corp. from Intel Corp., Comcast Corporation, Bright House Networks LLC

Details Hidden

Permira Advisers LLP purchases BakerCorp from Lightyear Capital LLC, NB Alternatives Advisers LLC

Details Hidden

Centerbridge Partners LP, American Renal Holdings, Inc. /Management purchase American Renal Associates LLC from Pamlico Capital Management LP

Awards & Honors
2005
Burton Award for Legal Achievement
1989
Admitted to the New York Bar
Court Admission: US Supreme Court
This web site is not endorsed by, directly affiliated with, maintained, authorized, or sponsored by Joseph M. McLaughlin. The use of any trade name or trademark is for identification and reference purposes only and does not imply any association with the trademark holder. The Presence of Joseph M. McLaughlin's profile does not indicate a business or promotional relationship of any kind between RelSci and Joseph M. McLaughlin.