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Richard C. Pepperman II

Partner, New York

Phone +1-212-558-3493
Fax +1-212-558-3588


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Rick Pepperman is deputy managing partner of Sullivan & Cromwell’s Litigation Group and has been a partner of the Firm since January 1999.

He clerked for Chief Justice William H. Rehnquist of the U.S. Supreme Court (1992-93) and Judge Edward R. Becker of the U.S. Court of Appeals for the Third Circuit (1990-91).

Mr. Pepperman has worked on a variety of securities, antitrust, intellectual property, and investigative matters, representing clients in many fields, including the communications, financial services, insurance, manufacturing, oil and gas, and technology industries. He is well-known for representing Microsoft in antitrust litigation between 1993 and 2004, including the Department of Justice’s landmark antitrust action against Microsoft.

Selected Cases

  • Served as a trial lawyer defending Microsoft Corporation in the landmark antitrust action brought by the U.S. Department of Justice and 19 states and the District of Columbia from 1997 to 2003. At the conclusion of the government action, also represented Microsoft in numerous related class-action lawsuits brought on behalf of users of Microsoft software, including one that went to trial in Minneapolis in 2004. Also served as counsel to Microsoft in private antitrust actions brought by Microsoft competitors such as Netscape and RealNetworks.
  • Represented Willis Group Holdings Inc., a large insurance broker, in a high-profile investigation conducted by the New York attorney general concerning bid-rigging and other misconduct in the insurance industry. This investigation was followed by numerous related inquiries by attorneys general and insurance departments of more than 20 other states. Also successfully represented Willis in related class action litigation filed by insurance policyholders against various insurance carriers and brokers. Those class actions were dismissed in 2007.
  • Lead counsel to The Bank of New York in investigations by the Securities and Exchange Commission concerning the bank’s stock transfer division and auction rate securities.
  • Represented Morgan Stanley in numerous actions arising out of the merger of America Online, Inc. and Time Warner, Inc. He won the dismissal of all claims against Morgan Stanley in the class action brought on behalf of Time Warner shareholders.
  • Represented Dyson, Inc. in jury trial in patent infringement action against Hoover relating to the Hoover “Fusion” vacuum cleaner.
  • Represented Bank of America Corporation in securities and ERISA class action and derivative litigation arising out of the first quarter 2005 earnings announcement of MBNA Corporation, which Bank of America acquired at the end of 2005.
  • Represented BP p.l.c. in derivative and class action litigation arising out of the August 2006 shutdown of the facilities in Prudhoe Bay, Alaska. Mr. Pepperman obtained the dismissal of three of the lawsuits brought against BP.
  • Lead counsel to Dartmouth College in lawsuit brought by Dartmouth alumni challenging changes made to the composition of Dartmouth’s Board of Trustees.
  • Represented Goldman Sachs in an action arising out the sale of General American Life Insurance Company to MetLife and in numerous actions challenging short selling of certain stocks.

Professional Activities and Community Involvement

  • Member, American Law Institute

Rankings and Recognitions

  • The American Lawyer – selected as one of "The Young Litigators Fab 50" – 50 litigators under 45 who are expected to be "leading the field for years to come." (January 1, 2007)
  • New York Super Lawyers – recognized as a leading antitrust litigator (2006, 2007, 2008, 2009)
  • The Lawdragon 500: Leading Lawyers in America – recognized as a leading lawyer (2007)
  • The Lawdragon 500: New Stars, New Worlds – recognized as a leading lawyer in commercial, general, securities, antitrust, insurance coverage, white collar and intellectual property litigation (2006)
  • Euromoney’s Benchmark: America’s Leading Litigation Firms and Attorneys (New York) – cited as a rising star in Litigation (2009, 2010)

News

Education

Bar Admissions

  • New York

Clerkships

  • Chief Justice William H. Rehnquist, United States Supreme Court, 1992 - 1993
  • The Honorable Edward R. Becker, United States Court of Appeals Third Circuit, 1990 - 1991

Country of Origin

  • USA