Cahill Gordon & Reindel LLP
32 Old Slip
New York, NY 10005
- Antitrust & Trade Regulation
- Antitrust Litigation
- Intellectual Property
- Commercial Litigation
- M&A and Corporate Advisory
- Columbia Law School, J.D., 1996, Stone Scholar, Editor-in-Chief, Columbia Journal of Law & Social Problems
- Yale University, B.A., 1992
- Justice Mishael Cheshin of the Supreme Court of Israel
- New York
Elai Katz leads Cahill Gordon & Reindel LLP's antitrust practice groups and is co-chair of the firm's Pro Bono Committee.
Elai's practice focuses principally on a wide range of antitrust law matters, including mergers and acquisitions, litigation, counseling and government investigations.
Elai has successfully guided a broad range of transactions through antitrust and foreign investment regulatory reviews in the United States and abroad. He has represented buyers and sellers in many industries, including financial services, insurance, healthcare, media and telecommunications, online retailing and others. Elai has a particularly strong record in obtaining quick and positive resolutions during the early phases of merger reviews and is particularly attuned to the role global antitrust review plays in negotiating and completing mergers and acquisitions.
Elai has represented clients in a variety of antitrust disputes, including complex class actions alleging price fixing and monopolization, as well as matters involving distribution arrangements and price discrimination. He regularly advises clients on the formation of joint ventures, development of distribution and marketing arrangements and pricing policies, participation in trade association activities and interaction with competitors.
For more than a decade, Elai has been recognized as a leading antitrust lawyer by Chambers USA and was named in “Band 1” for Chambers USA 2022. He is also recognized by Benchmark Litigation, and The International Who's Who of Competition Lawyers, and recognized as a “brilliant jurist with very strong strategic orientation” by The Legal 500, among others. Chambers USA remarked that Elai has “a concise and pragmatic way of advising clients, explaining complex issues in simple terms." Chambers USA remarked that Elai has “a concise and pragmatic way of advising clients, explaining complex issues in simple terms," with "deep insights into the industry." Elai is also listed in Lawdragon’s 500 Leading Litigators in America guide. In 2022, Elai was a part of the Cahill trial team that earned recognition as Litigators of the Week by The American Lawyer following their precedent-setting win defending Credit Suisse in a foreign exchange markets class action following an eight-day jury trial in the SDNY.
Elai joined Cahill as an associate in 1997 and became a partner in 2005.
Elai is Co-Chair of the Corporate Counseling Committee of the American Bar Association's Antitrust Section and was Chair of the Executive Committee of the New York State Bar Association's Antitrust Law Section. He serves on the Board of Directors of The Legal Aid Society. He is also a trustee of the Yale Library Associates and a member of the Yale University Library Council.
Elai writes and speaks frequently on antitrust topics. He writes a bi-monthly column in The New York Law Journal reporting and commenting on antitrust law developments in the U.S. and overseas. He is the author of entries on Joint Ventures, Financial Institutions and Insurance in the Annual Review of Antitrust Law Developments (one of the leading antitrust treatises) and a chapter on the Donnelly Act in the New York State Bar Associations' New York Antitrust and Consumer Protection Law (Third Edition). Elai is a regular participant, as a panelist and moderator, in the Annual Review of Antitrust Developments at the annual meeting of the New York State Bar Association. He has moderated and participated in panels on a wide range of topics, including information exchange (2019), financial market manipulation (2018), credit card network anti-steering rules (2016), antitrust compliance (2015), MFNs (2012), settlement of patent litigation (2009), resale price maintenance post-Leegin (2008), New York's Donnelly Act (2010), post-closing reviews of mergers (2008), and antitrust and the financial crisis (2008).
M & A Transactions
- Representation of Shutterstock, Inc. in its acquisition of Pond5, providing customers with unparalleled access to one of the largest collections of editorial and commercial video content in the world.
- Representation of ICON plc in its $12 billion acquisition of PRA Health Sciences, forming one of the world’s leading contract research organizations.
- Representation of Arch Capital Group Ltd in its acquisition, along with Warburg Pincus and Kelso, of Watford Holdings, a Bermuda-based reinsurer and insurer, successfully obtaining approvals from antitrust authorities in the US and Europe, among others, for the approximately $700 million transaction.
- Represented PharmaMar, a Spanish biopharmaceutical company focused on oncology, in its agreement to exclusively license small cell lung cancer drug lurbinectedin to Jazz Pharmaceuticals Ireland Limited in the United States.
- Represented Tembec in its acquisition by Rayonier Advanced Materials, securing global approvals for the formation of the leading global supplier of specialty cellulose.
- Represented Arch Capital Group in its acquisition of United Guaranty Corporation from American International Group, Inc. to form the leading U.S. mortgage insurer.
- Represented Coca-Cola Enterprises in its merger with European bottlers to form world's largest independent Coca-Cola bottler.
- Represented 1-800-Flowers.com, Inc. in its acquisition of Harry & David Holdings, Inc., a leading specialty retailer and producer of premium gifts.
- Represented ICON plc in its acquisitions of Aptiv Solutions, Inc. and Clinical Research Management, Inc.
- Represented The Great Atlantic & Pacific Tea Company (A&P) in its acquisition of Pathmark Stores, Inc.
- Represented nation's largest private psychiatric hospital provider, Ascend Health Corporation, in the Federal Trade Commission's investigation of Ascend's acquisition by rival Universal Health Services, Inc. (UHS) for approximately $522 million.
- Advised Elan Corporation, plc in the $960 million merger of the company's drug delivery business, Elan Drug Technologies, with Alkermes, Inc., a Massachusetts drug delivery biotechnology company.
- Representation of the parent of White Birch Paper Company, the second largest producer of newsprint in North America, in the $350 million acquisition of rival SP Newsprint.
- Successfully defended a waste removal and disposal company in an antitrust challenge to its acquisition of two significant competitors.
- Persuaded the Department of Justice to close a major investigation of a client's completed acquisition of a principal rival (a cooling technology and engineering firm).
- Successfully negotiated a consent decree with FTC to enable Sequa Corporation to sell Atlantic Research Corporation’s propulsion business to GenCorp, Inc. (Aerojet Rocketdyne), a competitor in the defense and aerospace industry.
- Representation of Metaldyne in its $1.2 billion acquisition by Asahi Tec before U.S. and foreign antitrust authorities.
- Representation of Engelhard Corporation in its $4.5 billion acquisition by BASF before U.S. and foreign antitrust authorities.
- Representation Sola International in its $1.2 billion merger with rival lens-maker Carl Zeiss, and successfully obtaining approval from antitrust authorities in the U.S., Europe, Australia and Switzerland.
- Representation of Validus Holdings, Ltd. in its acquisition of rival reinsurer IPC Holdings, Ltd., creating a combined firm with approximately $3.4 billion in shareholders' equity.
Litigation and Investigation Matters
- Defending a global bank in LIBOR-related litigation and investigations.
- Representation of scholars and experts in antitrust economics as amici curiae in Ohio v. American Express Co., 138 S. Ct. 2274 (2018), and United States v. American Express Co., 838 F.3d 179 (2d Cir. 2016).
- Defending Credit Suisse against allegations of price fixing and other anticompetitive conduct in foreign exchange markets, including a precedent-setting win following an eight-day jury trial in federal court in New York.
- Representation of major online retailer in FTC investigation.
- Representing a major foreign bank in benchmark manipulation antitrust suits.
- Representation of consumer services provider in confidential New York Attorney General investigation.
- Defended online media companies in an antitrust suit alleging anticompetitive conduct in the setting of pay-per-click fees.
- Representing multi-national financial institution in Credit Default Swap antitrust litigation.
- Defended an insurance company in an action alleging industry-wide conspiracy and boycott against a healthcare provider.
- Defended an underwriter of IPOs in a price-fixing lawsuit.
- Defended 3M against a monopolization complaint in NicSand v. 3M before the United States Court of Appeals for the Sixth Circuit. The complaint was dismissed, en banc, in a 10-4 vote.
- Defended a music company in price-fixing and resale price maintenance class actions.
- Successfully defended a magazine publisher from claims of a conspiracy to fix prices of magazine subscriptions and obtained settlement with no money damages.
- Represented a drug company in a monopolization class action.
- Successfully represented NY1 News in a copyright dispute, defeating a challenge to the broadcast of a video of the 9/11/2001 attack on the World Trade Center.