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| Douglas S. Eakeley Argues before the Supreme Court of New Jersey - Cast Art Industries, LLC v. KPMG LLP |
Douglas S. Eakeley is an experienced trial and appellate lawyer specializing in complex commercial litigation, including securities fraud, antitrust, consumer fraud, class actions, products liability and derivative litigation. He chairs the firm's Practice Group focusing on Class Action & Derivative Litigation and co-chairs the firm's Practice Groups focusing on Appellate and Antitrust & Trade Regulation.
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.
The 2008-2012 editions of The Best Lawyers in America name Mr. Eakeley as a "bet-the-company" litigator for his work in "make or break" litigation, an honor shared by a small and elite segment of litigators nationwide. Mr. Eakeley has been recognized by Chambers USA: America’s Leading Lawyers for Business every year since 2005. In 2011, Chambers praised Mr. Eakeley for his "tremendous advocacy" and his "accomplished, creative strategies that put the client first." In 2010, Chambers noted, "what impresses sources most is his work ethic: 'He works incredibly hard, and is extremely efficient.'" The 2009 edition touted Mr. Eakeley as "a leading practitioner" commended for his commitment and attentiveness to clients. In 2008, Chambers lauded his "flourishing appellate practice," and in 2007 cited his "deep knowledge of securities and class action litigation," which leads "many to refer to him as a true dean of the Bar." Chambers 2006 described him as "a recommended trial and appellate lawyer with a strong profile in complex commercial litigation . . .," adding, "clients speak of his 'calm demeanor, superior intellect and respect with the judiciary,' confirming that 'if you walk into court with him, he provides you with credibility.'" Mr. Eakeley has also been featured since 2005 in the annual editions of Super Lawyers, Business Litigation section.
Mr. Eakeley has successfully tried numerous matters in federal and state courts, argued many appeals in the federal and state appellate courts, and served as lead counsel in cases in which new law was established (in such areas as 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).
Examples of Recent Work
Johnson & Johnson Board of Directors Special Committee Investigation: Mr. Eakeley represented the Special Committee of the Johnson & Johnson Board of Directors, charged with investigating an array of claims presented in a number of shareholder demand letters and derivative complaints filed in the U.S. District Court for the District of New Jersey and the Superior Court of New Jersey. The claims involve allegations of off-label promotion of certain products, as well as alleged violations of the Federal False Claims Act, Anti-Kickback statute, FDA regulations and the Foreign Corrupt Practices Act. The investigation commenced in June 2010 and concluded in June 2011. On July 18, 2011, the ten independent directors of the Johnson & Johnson Board of Directors unanimously adopted the Special Committee’s recommendations to reject the shareholder demands, seek dismissal of the derivative litigation and establish a new Regulatory and Compliance Committee of the Board of Directors.
KPMG LLP v. Cast Art Industries, LLC: Although he had not served as trial counsel, KPMG LLP retained Mr. Eakeley as its appellate counsel after a 22-day jury trial resulted in a verdict of $30 million against the accounting firm on claims of negligence and negligent misrepresentation. At issue (among others) are the construction and application of the New Jersey Accountant Liability Act, which legislatively overruled a New Jersey Supreme Court decision and reinstated the concept of privity between accountant and client, the appropriate standard of care to be applied in an action alleging accountant negligence and negligent misrepresentation, and the necessary causal link that must be established by a plaintiff between alleged accountant negligence and the claimed loss. In August 2010, the Appellate Division reversed and remanded for a new trial on damages, affirming the jury verdict on liability. The New Jersey Supreme Court granted KPMG's petition for certification in January 2011 and heard argument on September 13, 2011. The matter is currently sub judice.
Hersh v. Pien: Mr. Eakeley represented Bristol-Myers Squibb Company ("BMS") in litigation in the state and federal courts of New Jersey arising out of the acquisition of Medarex, Inc., by BMS for approximately $2.4 billion. The litigation sought to enjoin the proposed tender offer on the grounds, among others, that the directors of Medarex breached their fiduciary duties in agreeing to the acquisition and that BMS aided and abetted that breach. The matter has been settled.
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. The trial court's dismissal with prejudice of the second amended complaint for failure to state a claim was affirmed by the Third Circuit. Mr. Eakeley also successfully represented the officers and directors of Prudential in two derivative litigations arising out of the same subject matter.
Robertson v. Princeton University: Mr. Eakeley represented the defendants in this nationally prominent derivative litigation that raised 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 sought to sever the ties between Princeton University and the Robertson Foundation (a supporting organization 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. On December 13, 2008, the case settled on terms extremely favorable to the University.
Merck Vioxx Litigation: Mr. Eakeley represented 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 and/or economic loss with respect to the purchase or use of Vioxx. In a far-reaching decision, the Appellate Division held that the New Jersey Consumer Fraud Act was subsumed by the New Jersey Products Liability Act, and dismissed plaintiffs' consumer fraud claims and the award of approximately $4 million in attorneys' fees and costs. The court also held that the New Jersey punitive damages statute was preempted by federal law, reversing the award of $9 million in punitive damages.
Honors and Awards
- Judge Learned Hand Award, American Jewish Committee
- Thurgood Marshall College Fund Award of Excellence
- Defender of Justice Award, National Conference on Community & Justice, New Jersey Chapter
- Reynoso-Abascal Don Quixote Award, California Rural Legal Assistance
- John Minor Wisdom Public Service and Professionalism Award, American Bar Association Litigation Section
- Making Democracy Work Award, League of Women Voters of New Jersey
- National Housing Institute Outstanding Service Award
- First Legal Services of New Jersey/New Jersey State Bar Association Pro Bono Publico Award (to be known as the "Debevoise-Eakeley Award")
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In a Bloomberg article, Douglas S. Eakeley is highlighted for representing the Special Committee of the Johnson & Johnson Board of Directors, charged with investigating an array of claims presented in several shareholder demand letters and derivative complaints involving allegations of off-label promotion and violations of the Federal False Claims Act, Anti-Kickback statue, FDA regulations and the Foreign Corrupt Practices Act.,
Bloomberg, July 21, 2011
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Douglas S. Eakeley's remarks at a recent American Jewish Committee dinner, where he was presented with AJC's Judge Learned Hand Award, are featured in an article appearing in the May 2010 issue of Metropolitan Corporate Counsel.,
Metropolitan Corporate Counsel, May 2010
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Douglas S. Eakeley is highlighted for being honored with the Learned Hand Award by the Metro New Jersey chapter of the American Jewish Committee.,
New Jersey Law Journal, May 7, 2010
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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
- Vice Chair, New Jersey Institute for Social Justice
- Chair, Legal Services Corporation (1993 - 2003)
- Member, Pro Bono Task Force (2011-present)
- Trustee, Legal Services of New Jersey
- Chair, Editorial Board, New Jersey Law Journal (1986-1990)
- International Institute for Conflict Prevention & Resolution
- Member, Executive Advisory Committee
- Member, Committee on Early and High Quality Dispute Resolution
- American Bar Association
- Antitrust and Litigation Sections
- Council of Appellate Lawyers
- New Jersey State Bar Association
- Chair, New Jersey Network Foundation
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