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Douglas S. Eakeley has broad and deep trial and appellate experience in a wide variety of complex commercial litigation, including securities and derivative litigation, antitrust, civil RICO, products liability, consumer fraud and class actions. He chairs the firm’s Antitrust and Trade Regulatory Practice Group and co-chairs the firm’s Class Action and Derivative Litigation Practice Group.
The 2008 edition of The Best Lawyers in America® names Mr. Eakeley as a "bet-the-company" litigator for his work in "make or break" litigation, an honor shared by an elite segment of litigators nationwide. Mr. Eakeley has been recognized by Chambers USA: America’s Leading Lawyers for Business, which in 2008 noted his "flourishing appellate practice," and in 2007 cited his "deep knowledge of securities and class action litigation," leading "many to refer to him as a true dean of the Bar." Chambers USA (2006) describes him as "a recommended trial and appellate lawyer with a strong profile in complex commercial litigation . . . Clients speak of his 'calm demeanor, superior intellect and respect with the judiciary,' confirming that 'if you walk into court with him it provides you with credibility.'" And the 2005 edition of Chambers USA describes him as "a talented litigator who has experience in a broad spectrum of commercial issues as well as appellate level cases." Mr. Eakeley is also listed in The Best Lawyers in America in the general commercial litigation section of the publication, and he is featured in the 2005, 2006, 2007 and 2008 editions of New Jersey Super Lawyers in the Business Litigation section.
A former Rhodes Scholar and graduate of Yale Law School, Mr. Eakeley served as First Assistant Attorney General of the State of New Jersey. In 1993, he was appointed by President Clinton to the Board of Directors of the Legal Services Corporation, which he chaired until April 2003. In 1997, he received the John Minor Wisdom Public Service and Professionalism Award from the Litigation Section of the American Bar Association.
In his more than 35 years as a litigator, Mr. Eakeley has successfully tried numerous matters in federal and state court, and served as lead counsel in cases in which new law was established (in the areas, for example, of consumer fraud class actions, pharmaceutical products liability, antitrust and civil RICO). Mr. Eakeley has also represented various high-profile public officials, including the Chief Justice of the New Jersey Supreme Court (in a federal case charging violation of the First Amendment in the closing of a court house to the filming of the riot scene from the movie The Bonfire of the Vanities) and the Governor of the State of New Jersey (involving constitutional challenges to the New Jersey Fair Automobile Insurance Reform Act).
Current Representative Matters
Robertson v. Princeton University: Mr. Eakeley represents the defendants in this nationally prominent derivative litigation that raises a number of issues of first impression involving donor intent, academic freedom, and the fiduciary duties of directors of a "supporting" charitable corporation who are appointed by the "supported" charitable corporation. Alleging, among other things, fraud and breach of fiduciary duty, plaintiffs seek to sever the ties between the University and the Robertson Foundation (a supporting organization, with assets of almost $1 billion, dedicated to funding the graduate program of the Woodrow Wilson School of Public and International Affairs) and to surcharge the University an additional several hundred million dollars.
In re Schering-Plough Securities Litigation: Mr. Eakeley represents the defendants (Schering-Plough Corporation and its current and former officers) in this nationwide securities class action in which plaintiffs allege that defendants misled the investing public about the prospects for FDA approval of a new blockbuster drug and also concealed their failure to comply with FDA regulations. He also represents the defendants in tag-along derivative and ERISA class action litigations.
In re Employee Benefit Insurance Brokerage Antitrust Litigation: Mr. Eakeley represents Prudential Financial, Inc., and Prudential Life Insurance Company of America as defendants in this federal multidistrict civil RICO and antitrust class action involving claims of bid-rigging, market allocation, and ERISA violations. Mr. Eakeley also successfully represented the officers and directors of Prudential in two derivative litigations arising out of the same subject matter.
Merck Vioxx Litigation: Mr. Eakeley serves as appellate counsel to Merck & Co., Inc., in appeals from two final judgments rendered against the company after jury trials in New Jersey Superior Court involving claims of personal injury under the New Jersey Products Liability Act and/or economic loss under the New Jersey Consumer Fraud Act with respect to the purchase or use of Vioxx. These are the first two Vioxx cases that have gone to final judgment out of approximately 16,400 similar lawsuits that were filed against Merck in New Jersey Superior Court.
Honors and Awards
- Defender of Justice Award (National Conference on Community & Justice, New Jersey Chapter, 2001)
- Reynoso-Abascal Don Quixote Award (California Rural Legal Assistance, 2000)
- John Minor Wisdom Public Service and Professionalism Award (American Bar Association Litigation Section, 1997)
- Making Democracy Work Award (League of Women Voters of New Jersey, 1997)
- National Housing Institute Outstanding Service Award (1989)
- First Legal Services of New Jersey/New Jersey State Bar Association Pro Bono Publico Award (to be known as the "Debevoise-Eakeley Award") (1984)
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Doug Eakeley comments on the reversal of a judgment against client Ford Motor Company in which the Appellate Division of NJ Superior Court ruled Ford has no legal responsibility to provide a safety device when a later manufacturer would determine the vehicle's final configuration.,
New Jersey Lawyer, March 24, 2008
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Doug Eakeley discusses the reversal of a judgment against client Ford Motor Company in which the Appellate Division of NJ Superior Court ruled Ford has no legal responsibility to provide a safety device when a later manufacturer would determine the vehicle's final configuration.,
New Jersey Law Journal, March 20, 2008
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Yale Law School
(J.D., 1972)
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Oxford University
(M.A., 1970),
Jurisprudence
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Oxford University
(B.A., 1970),
Jurisprudence
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Yale University
(B.A., 1968),
summa cum laude, with highest honors in economics; Rhodes Scholar; Phi Beta Kappa (elected junior year)
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New Jersey
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New York
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U.S. Supreme Court
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U.S. Court of Appeals, Second Circuit
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U.S. Court of Appeals, Third Circuit
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U.S. District Court, District of New Jersey
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U.S. District Court, Southern District of New York
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U.S. District Court, Eastern District of New York
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- Trustee, Practising Law Institute (1997 - present)
- Trustee and Treasurer, New Jersey Institute for Social Justice (1999 - present)
- Chair, Legal Services Corporation (1993 - 2003)
- Trustee, Legal Services of New Jersey
- Chair (1982 - 1990)
- Member (2003 - present)
- Editorial Board, New Jersey Law Journal
- Chair (1986 - 1990)
- Member (1984 - 1996)
- Association of the Federal Bar of the State of New Jersey
- Vice President (1983 - 1990)
- Member (1982 - present)
- American Bar Association
- Antitrust and Litigation Sections (1975 - present)
- New Jersey State Bar Association (1980 - present)
- New Jersey Network Foundation
- Chair (2008)
- Vice Chair (2002 - 2007)
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