Mitchell A. Lowenthal is a partner of Cleary Gottlieb Steen & Hamilton LLP, resident in the firm’s New York office.
He specializes in the prosecution and defense of civil litigations, with an emphasis on disputes arising out of securities and M&A transactions, and has been repeatedly recognized by Chambers USA
(2004-2014) as a leading securities litigator, in The Best Lawyers in America
(2005-2014), in The Legal 500 U.S.
(2007-2014), in Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys
(2010-2014), in PLC Cross-border Dispute Resolution Handbook
(2011) and in Lawdragon’s 100 Securities Litigators You Need To Know
Recent Assignments. In litigation arising under the federal securities laws, Mr. Lowenthal has recently represented: Bank of America, Alpha Natural Resources, Inc., Countrywide Financial Corp., ING Groep, N.V., Barclays Bank Plc, dozens of banks acting as underwriters of securities issued by The Royal Bank of Scotland, Lehman Brothers, Healthsouth Corp., Adelphia Communications Corp. and various issuers of mortgage-backed securities, and the Securities Industry and Financial Markets Association in amicus briefs submitted to the U.S. Supreme Court and various Circuit Courts. In M&A litigation and derivative actions, he has recently represented: American Express Co., and the Boards of Directors of Dollar Thrifty, Alpha Natural Resources, National Financial Partners and PeopleSoft. He has also recently represented corporate acquirors in M&A litigation, including: 3M (of Ceradyne), DSM (of Martek), and buyer consortiums of private equity firms (of Alltel and of Biomet).
Current Assignments. In M&A related litigation, Mr. Lowenthal is currently representing: Family Dollar in connection with its merger with Dollar Tree, ABB in connection with its purchase of Power-One, Suntory in connection with its acquisition of Jim Beam, a group led by TPG in connection with its acquisition of Chindex, and the Special Committee of Yongye International in connection with Yongye’s agreement to be taken private. In securities litigation, he is currently representing Alpha Natural Resources in connection with its acquisition of Massey Energy; various underwriters of debt securities issued by Lehman Brothers, ING in connection with its issuance of hybrid securities; and KCG Holdings, Inc. in connection with claims that major market participants have "rigged" the equity securities market in favor of high frequency traders.
Pro Bono. Mr. Lowenthal has represented numerous clients pro bono publico, primarily in connection with the unique problems of the homeless.
Mr. Lowenthal is a frequent lecturer, primarily on developments in securities litigation and complex civil procedure, and regularly publishes articles on these subjects, including in The Cornell Law Review
, The Fordham Law Review
, The George Washington Law Review
, The University of Pennsylvania Journal of Business Law
, and The Harvard Law School Forum on Corporate Governance and Financial Regulation
. He is also the author of treatise chapters on New York Jurisdiction (West 2013) and Securities Class Actions (LexisNexis 2014).
Mr. Lowenthal joined the firm in 1981 and became a partner in 1990. He received a J.D. degree, cum laude
, from Cornell Law School, where he was an officer of The Cornell Law Review
. He served as law clerk to the Honorable Edward Weinfeld of the U.S. District Court for the Southern District of New York.
Mr. Lowenthal is a member of the Bar in New York and is admitted to practice before the U.S. Supreme Court, the U.S. District Court for the Southern and Eastern Districts of New York, and the Eastern District of Wisconsin, as well as the U.S. Court of Appeals for the Second, Ninth and Eleventh Circuits. He is the Chairman of the Board of Directors of the Urban Justice Center, a member of the Executive Committee of the Bar Association of the City of New York, a former chair of the Association’s Committee on Securities Litigation, and a member of the American Law Institute. Mr. Lowenthal is also a former member of the Committee on Professional Ethics of the New York State Bar Association.