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Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund: The Recent Supreme Court Decision


Speaker(s): Lynn K. Neuner, Michael D. Nathan
Recorded on: Apr. 24, 2015
PLI Program #: 143659

Lynn K. Neuner is a member of Simpson Thacher's Litigation Department.  Her trial and litigation experience covers several areas such as securities and mergers litigation, complex commercial matters, insurance coverage disputes, and Lanham Act and false advertising matters.  She litigates in federal and state court and appears regularly before the NAD and the Networks on false advertising challenges.  She has tried a deci-million dollar commercial dispute on behalf of Ingersoll-Rand Company, a centi-million dollar insurance coverage action on behalf of Travelers Casualty and Surety Company, and a multi-million dollar personal injury case on behalf of New York City.  She currently represents Pfizer in several securities and ERISA stock drop cases involving Celebrex, Bextra and Pristiq. 

Ms. Neuner joined Simpson Thacher & Bartlett LLP in 1994.  She received her J.D. in 1992 from Yale Law School, where she served as Co-Editor-in-Chief of the Yale Journal on Regulation and the Director of the Thomas Swan Barristers' Union. She received her B.A., summa cum laude, from Williams College in 1989. In 1992-93, she clerked for the Honorable H. Lee Sarokin of the United States District Court for the District of New Jersey, and in 1993-94 she clerked for the Honorable John M. Walker, Jr. of the United States Court of Appeals for the Second Circuit. 

Ms. Neuner is a former Chair of the Executive Committee of the Association of the Bar of the City of New York. She is Chair of the Board of Directors for the Yale Law School Alumni Fund.  She is a former Panel Chair of the Departmental Disciplinary Committee for the First Judicial Department in New York.

The American Lawyer named Ms. Neuner one of the nation's top "45 Under 45" women attorneys in the country in January 2011. In January 2007, The American Lawyer named Ms. Neuner one of the nation's top litigation "rising stars" in its article on "The Young Litigators Fab Fifty."  She was also featured as a "Future Star" for litigation in New York in the 2012 Euromoney Benchmark Litigation survey.  She was a David Rockefeller Fellow from 2007-2008. Ms. Neuner is also named in the 2008, 2009, 2010 and 2011 issues of the New York Super Lawyers - Metro Edition and in the 2008 issue of Lawdragon 500 Leading Lawyers in America.


Michael Nathan is a partner with Simpson Thacher & Bartlett, where he is a member of the Firm’s Corporate Department.  Michael regularly consults on legal accounting matters and is a member of the Firm’s corporate governance practice group.  Michael concentrates on capital markets transactions, corporate representations and structured financings.  He represented Goldman Sachs and JPMorgan in connection with the initial public offering of DreamWorks Animation SKG, Inc.  He has worked with underwriters, including JPMorgan, and issuers in connection with structuring and executing high yield offerings, equity issuances, convertible debt transactions and restructurings.  Michael represented the underwriters in connection with common stock and convertible notes offerings for Human Genome Sciences, Inc., the underwriters in connection with a preferred stock offering for AmTrust Financial Services, Inc. and the initial purchasers in connection with high yield offerings for Avis Budget Group, Inc. Michael also acts as designated underwriters’ counsel for Humana Inc.

Michael also represents issuers, including La Quinta Holding Inc. (a Blackstone portfolio company) in connection with its pending initial public offering, and represented Ford Motor Company in connection with its convertible note offering and National Mentor Holdings, Inc. (a Vestar portfolio company) in connection with its high yield offerings. He represents Toys “R” Us, Inc. in connection with corporate and securities matters and capital markets transactions, including secured high yield offerings. Michael also represented RBS in connection with the formation and disposition of a joint venture that acquired Sempra Energy Trading Corp. Michael advises the independent directors of American International Group, Inc.

Michael joined Simpson Thacher in 1981 and became a member of the Firm in 1989. He received his B.S., magna cum laude, from the University of Pennsylvania Wharton School in 1978 and earned his J.D. from New York University in 1981, where he was a member of the Law Review and elected Order of the Coif.