|
Joseph M. McLaughlin is a Partner in the Firm's Litigation Department. He has represented clients in scores of class and other aggregated proceedings in trial and appellate courts across the country, including the United States Supreme Court. He successfully represented a London-based holding company as lead counsel at the federal court jury trial of a health care expense reimbursement action seeking multi-billion dollar damages. Mr. McLaughlin also successfully represented the 52 limited partners of LJM2 Co-Investment L.P., a limited partnership formed by the former CFO of Enron, at a trial regarding the validity of the removal of the Enron-affiliated general partner, and was lead trial counsel in various other proceedings for the limited partners around the country. He also has extensive experience representing clients in securities matters, including class and derivative actions, takeover litigation and has represented clients in all types of government and internal investigations, and related trial and appellate matters. He is currently defending a leading investment bank against hundreds of securities fraud class actions in federal court in New York alleging securities fraud in connection with technology IPOs, in which he served in 2008 as lead counsel for scores of defendants in obtaining an order striking the class allegations in eight of the cases. He also represents a leading national retailer and its Board in multiple derivative actions in state and federal court.
His other recent successful engagements include representation of Toys “R” Us in Delaware shareholder litigation arising out of a multi-billion dollar merger agreement, representation of the largest professional dental products company in the world in a putative nationwide consumer class action, which resulted in voluntary dismissal of the class action, and his obtainment in Delaware of summary judgment on behalf of a leading oil and gas company, dismissing all bondholder claims arising out of a merger, and before the Delaware Supreme Court in obtaining affirmance of that ruling in 2008. In 2009, he defeated an attempt by secured noteholders of the nation’s largest equipment rental company to enjoin a tender offer, and subsequently obtained dismissal of all claims. In 2010, he obtained the dismissal with prejudice in Arkansas state court of a derivative suit against the Board of Dillard’s Inc.
He is the author of the two-volume treatise, McLaughlin on Class Actions: Law and Practice (Thomson West 6th ed. 2010), which has been cited as authoritative 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 law, mass tort and corporate directors and officers liability issues, and his commentary on class action and D&O issues has been widely published, including in a regular column in the New York Law Journal. Mr. McLaughlin is listed in a number of publications, including the Legal 500: Litigation's preeminent product liability and mass tort defense lawyers, he was named to Irish America Magazine’s 2009 Legal 100, the 2009 edition of The Best Lawyers in America and Super Lawyers, and Martindale-Hubbell recognizes him as an AV-rated attorney. He is Chairman of the Editorial Board of the monthly Securities and Class Action Litigation Report, a member of the West Publications Professional Development Corporate and Securities Law Advisory Board, a member of the editorial board of Class Action Reports and a member of the American Law Institute. Mr. McLaughlin joined Simpson Thacher in 1990 and was elected a partner in 1997. Prior to joining the Firm, Mr. McLaughlin served as a law clerk to the Hon. John F. Keenan in the Southern District of New York.
Honors/Associations
 |
 |
| • |
The Association of the Bar of the City of New York |
 |
| • |
American Bar Association |
 |
| • |
Recipient, 2005 Burton Award for Legal Achievement |
 |
| • |
American Law Institute |
 |
Publications
Speaking Engagements
Admissions
 |
 |
| • |
New York 1989 |
 |
| • |
U.S. District Court Northern District of New York |
 |
| • |
U.S. Supreme Court |
 |
Clerkships
 |
 |
| • |
Hon. John F. Keenan, U.S. District Court, Southern District of New York |
 |
Education
 |
 |
| • |
Fordham University School of Law, 1988 J.D. Fordham Law Review, Published Member |
 |
| • |
Fordham University, 1985 B.A. magna cum laude, Phi Beta Kappa |
 |
|