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Barry R. Ostrager is a senior litigation Partner at Simpson Thacher & Bartlett LLP and Head of the Litigation Department. He has tried dozens of cases and argued scores of appeals throughout the country and has been prominently involved in many high-profile cases. Mr. Ostrager successfully argued before the United States Supreme Court the closely followed Epstein v. Matsushita case that arose out of Matsushita's successful tender offer for MCA, Inc. He also successfully represented Andersen Consulting against a $14 billion claim by Arthur Andersen in connection with Andersen Consulting's successful bid to win a separation without cost from the Andersen Worldwide organization in the largest ICC arbitration in history. Coincidentally, he once successfully represented Manufacturers Hanover Trust Company in a seven-week federal court jury trial and on appeal in a deci-million dollar securities fraud action against Arthur Andersen & Co. Recently, Mr. Ostrager successfully represented J.P. Morgan Chase in a breach of guarantee contract action against Motorola in which J.P. Morgan Chase obtained a $370 million verdict against Motorola. He was lead trial counsel for Swiss Re in the highly publicized insurance coverage dispute involving the World Trade Center tragedy which resulted in a unanimous jury verdict in favor of Swiss Re. In 1993 Mr. Ostrager was lead trial and appellate counsel for Paramount Communications in the widely publicized QVC v. Paramount tender offer litigation.
Mr. Ostrager has been prominently involved in supervising the firm's major insurance and reinsurance practices in both its New York and Los Angeles offices. He has been lead trial counsel in many major insurance coverage cases, including, Shell Oil Co. v. Winterthur Swiss Insurance Company, a multi-billion dollar environmental insurance coverage dispute in which the jury returned a verdict for the insurers after a sixteen month trial.
Mr. Ostrager is co-author of the Handbook on Insurance Coverage Disputes (Aspen Law & Business 2006), a widely-used, two-volume treatise now in its thirteenth edition. He is the 2007 recipient of the prestigious Burton Award for Legal Achievement for this important reference guide. Mr. Ostrager is also co-author of Modern Reinsurance Law and Practice - 2nd Edition (Glasser LegalWorks 2000), and a frequent lecturer on federal securities law and insurance law.
In June of 2006, Mr. Ostrager was named the "Leading U.S. Litigation Business Trial Lawyer" by Chambers & Partners. “A great strategist and a robust litigator,” Mr. Ostrager received widespread praise for his remarkable “ability to get along with both opponents and judges.” Most recently, Mr. Ostrager was recognized as one of the "Top Ten Trial Lawyers" in the U.S. by The Legal 500, distinguishing him as an "exceptionally effective cross-examiner" with "brilliant litigation skills."
Mr. Ostrager has been a member of the Firm since 1980. He received his B.A. from City College of the City University of New York in 1968 and his M.A. in 1973. He earned his J.D. from New York University School of Law in 1972 and served as a judicial clerk in the United States District Court for the Southern District of New York. Mr. Ostrager is admitted in the New York and California State Bars; the United States District Courts for the Southern, Eastern and Northern Districts of New York, Connecticut, the Western District of Texas and the Northern and Central Districts of California; the United States Courts of Appeal for the Second, Third, Fourth, Sixth, Seventh, Ninth and District of Columbia Circuits; and the United States Supreme Court. He is also a member of the Association of the Bar of the City of New York, The American Bar Association, and The American Law Institute.
Honors/Associations
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Association of the Bar of the City of New York |
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American Bar Association |
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American Law Institute |
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Recent Cases
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SR International Business Insurance Co. Ltd. v. World Trade Center Properties LLC, No. 01 CV 9291 (MBM) (S.D.N.Y.) |
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Matsushita Elec. Indus. Co., Ltd. v. Epstein, 516 U.S. 367 (1996) |
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Anderson Consulting Business Unit Member Firms v. Arthur Andersen Business Unit Member Firms and Andersen Worldwide Societe Cooperative, 9797/CK/AER/ACS |
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The Chase Manhattan Bank v. Motorola, Inc., No. 00 Civ. 4838 (AKH) (S.D.N.Y.) |
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QVC Network v. Paramount, 13208 (DE Ch. Court 1994) |
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Shell Oil v. Travelers Ins., 15 Cal.Rptr.2d 815 (Sup. Ct. San Mateo County) |
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MHTCo. v. Arthur Andersen, 82 Civ. 6622 (S.D.N.Y.) |
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Stonewall Ins. v. National Gypsum, 1998 WL 405047 (S.D.N.Y.) |
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US Air Group v. Carl Icahn, 87-0524 (W.D. Pa.) |
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In re 1515 Broadway Associates, L.P. v., 90 B 13320 (S.D.N.Y.) |
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Publications
Speaking Engagements
Admissions
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New York 1973 |
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California 1996 |
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U.S. Supreme Court 1982 |
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U.S. Court of Appeals 2nd Circuit 1974 |
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U.S. Court of Appeals 3rd Circuit 1984 |
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U.S. Court of Appeals 4th Circuit 1989 |
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U.S. Court of Appeals 6th Circuit 1993 |
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U.S. Court of Appeals 7th Circuit 1977 |
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U.S. Court of Appeals 9th Circuit 1985 |
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U.S. Court of Appeals for the District of Columbia Circuit 1997
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U.S. District Court Southern District of New York 1973 |
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U.S. District Court Eastern District of New York 1973 |
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U.S. District Court District of Connecticut 1978 |
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U.S. District Court Northern District of California 1983 |
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U.S. District Court Western District of Texas 1986 |
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U.S. District Court Northern District of New York 1993 |
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U.S. District Court for the Central District of California 1997
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U.S. District Court for the Eastern District of California 2008 |
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Clerkships
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Hon. Arnold Bauman, Southern District of New York, 1972-1973
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Education
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New York University School of Law, 1972 J.D. |
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City College of the City University of New York, 1973 M.A. |
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City College of the City University of New York, 1968 B.A. |
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