Gavin J. Rooney Partner and Chair, Class Action Litigation Group

New YorkNew Jersey
T 212.419.5853; 973.597.2472 | F 973.597.2473



Gavin specializes in class action and complex commercial litigation, representing corporate and institutional clients. Consistently recognized as a leading commercial litigator, Gavin has been described by clients as “excellent” and “very thorough, detail-oriented, and extremely intelligent” (Chambers USA).

Gavin’s interest in military history has served him well in successfully defending corporate clients in securities, shareholder derivative, class action, consumer fraud, mass tort, and RICO claims. Approaching every matter from a strategic angle, he surveys the state of play, assembles facts, determines tactics, and deploys a clear-sighted grand strategy to achieve his clients’ business goals. Gavin effectively manages massive claims and supervises large teams of lawyers while remaining the central point of contact for his clients.

Gavin has handled numerous jury and nonjury cases across the United States. He has argued before the appellate courts of California, Florida, Massachusetts, New Jersey, and New York, and before several federal circuit courts of appeal. He also handles other types of commercial litigation, from shareholder disputes to real estate and environmental matters.

Representative Engagements

Defeated certification of a class of ratepayers suing a Massachusetts electric utility for damages caused by widespread and lengthy blackouts following a major winter storm. Successfully defended that result on appeal to the Massachusetts Supreme Judicial Court, which resulted in one of the key Supreme Judicial Court opinions addressing the standards for class certification in Massachusetts.
Led the defense of Bristol-Myers Squibb against several hundred toxic tort lawsuits designated as a “mass tort” by the New Jersey Supreme Court, with parallel cases pending in the District of New Jersey.
Won a decision from the Third Circuit affirming dismissal of RICO, Consumer Fraud Act and other claims brought by a putative class of third-party payors against Merck, in which the plaintiffs’ alleged injury arose from the defendant’s supposed marketing of oncology drugs for “off label” indications. This victory was profiled in Law360, “How They Won It,” July 10, 2012, and is considered to be one of “The Best Prescription Drug/Medical Device Decisions of 2012” by some industry experts.
View More...

Other Distinctions

  • Chambers USA: America's Leading Lawyers for Business (2013–2017) – Recognized for his commercial litigation work and praised by clients for his "extensive commercial litigation capabilities," "terrific strategic sense and encyclopedic knowledge of a case" and for being a "very thorough, detail-oriented and extremely intelligent attorney."

  • The Best Lawyers in America (2015–2018) – Recognized for commercial litigation

  • Super Lawyers (2009–2017; "Rising Star" 2006–2007) – Acknowledged in business litigation, class action/mass torts and securities litigation.

Speaking Engagements

  • Speaker, "A Review of the New Jersey Supreme Court's Recent TCCWNA Decisions," New Jersey Civil Justice Institute, October 11, 2017

  • Speaker, “No-Injury Class Actions: The Efforts to Reform and the Tools to Defend,” Lowenstein Sandler and U.S. Chamber Institute for Legal Reform Seminar, June 15, 2017

  • Speaker, "An Update on TCCWNA Action," New Jersey Civil Justice Institute, April 28, 2017

  • Speaker, “Defending No-Injury Class Actions Post-Spokeo: Standing for Statutory Violations, State Court Litigation, and CAFA Removal,” Strafford Class Action Webinar, April 27, 2017

  • Speaker, “Responding to the Regulatory Class Action,” New Jersey Civil Justice Institute’s Fall Legal Reform Conference, September 18, 2015

  • Speaker, "Consumer Protection Law and Life Sciences: Preventive Strategies to Mitigate Potential Liability," ACC NJ and Lowenstein Sandler Life Sciences Breakfast Series, January 22, 2015

  • Speaker, "TCCWNA Lawsuits: What is Driving Them and Who is Benefiting?," New Jersey Civil Justice Institute, December 12, 2014

  • Panel, "Refocusing on Fraud: The Devolution of the New Jersey Consumer Fraud Act," New Jersey Civil Justice Institute and the American Tort Reform Association, October 2, 2014

  • Speaker, "Congratulations, you've become a director or office of the corporation? Now what can you be sued for?," New Jersey Corporate Counsel Association’s Annual All-Day CLE Conference, September 19, 2014

  • Speaker, "Ethical Issues in Dealing with Corporate Employees, Both Current and Former, in Litigation," Lowenstein Sandler’s Alumni CLE Day, May 14, 2014

  • Speaker, "Ethical Issues in Dealing with Corporate Employees, Current and Former, in Litigation," New Jersey Corporate Counsel Association’s Spring Cocktail Reception, May 16, 2013

Publications

Lowenstein Sandler Advocates to Reduce Abusive Consumer Class Actions Harming New Jersey Businesses
Class Action Litigation Client Alert, June 26, 2017
Gavin Rooney, Naomi Barrowclough
Terms Of Misuse: Class Plaintiffs Exploit Obscure New Jersey Law, Creating E-Commerce Havoc
Westlaw Journal, July 29, 2016
Matt Savare, Gavin Rooney, John Wintermute
New Jersey’s Truth-in-Consumer Contract law provokes new class-action suits
Westlaw Journal, June 17, 2016
Gavin Rooney, Matt Savare
View More...

Press Mentions

In Law360Gavin Rooney comments on the importance of clear notification when it comes to arbitration clauses and their enforceability. , Law360 , July 6, 2016
Gavin Rooney comments in The Economist about the effect of TCCWNA lawsuits on online businesses offering goods or services. , The Economist , July 2, 2016
Gavin Rooney comments in Forbes on New Jersey TCCWNA class action suits involving website terms and conditions. , Forbes , June 3, 2016
View More...

Related Areas

Appellate
Business Litigation
Class Action Litigation
Global Capital Markets Litigation
Life Sciences
Litigation
Securities Litigation

Education


Columbia University School of Law ( J.D. , 1992 ) , Harlan Fiske Stone Scholar
State University of New York at Binghamton ( B.A. , 1989 ) , with honors, Phi Beta Kappa

Bar Admissions


New York
New Jersey

Affiliations


  • New Jersey State Bar Association
    • Class Action Committee
  • New Jersey Law Reform Association
    • Legal Advisory Board
  • Defense Resources Institute
    • Class Action Section
  • Association of the Federal Bar of the State of New Jersey
  • International Institute for Conflict Prevention and Resolution (CPR)
    • E-Discovery Committee