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Bradley P. Smith

Special Counsel

Bradley P. Smith

Special Counsel
New York +1-212-558-1660+1-212-558-1660 +1-212-558-3588+1-212-558-3588
[email protected]

Brad Smith joined Sullivan & Cromwell immediately after law school, and he was appointed special counsel in 2006. His practice includes a wide range of commercial litigation and counseling, with emphasis on antitrust, banking and cross-border proceedings involving conflicts of foreign law. Mr. Smith’s antitrust advisory practice includes the representation of technology, life sciences, financial services, transportation and industrial clients in M&A transactions collectively valued at over $243 billion.



SELECTED REPRESENTATIONS

Antitrust Litigation and Merger Clearance
  • Bayer AG in antitrust matters before the U.S. Department of Justice and as global coordinating counsel relating to the $66 billion acquisition of Monsanto and the accompanying $9 billion divestiture to BASF in 2018
  • Diageo plc in connection with its $550 million sale of a portfolio of spirits brands to Sazerac in 2018
  • Seattle Genetics concerning its $614 million acquisition of Cascadian Therapeutics in 2018
  • INC Research Holdings, Inc. in connection with its $7.4 billion merger with inVentiv Health, Inc. in 2017.
  • Navistar International Corp. concerning its $256 million alliance with TRATON (formerly Volkswagen Truck & Bus) in 2017
  • Terumo Corporation in antitrust matters before the Federal Trade Commission relating to its $1.12 billion acquisition of vascular access and closure devices from Abbott and St. Jude Medical in 2017
  • Alcatel-Lucent in relation to its $16.9 billion combination with Nokia Corp. in 2016
  • Global pharmaceutical companies in antitrust matters relating to multiple transactions collectively valued at $13.5 billion in 2015
  • ZF Friedrichshafen AG in antitrust matters before the Federal Trade Commission relating to its $12.4 billion acquisition of TRW Automotive in 2015
  • Goldman, Sachs & Co. in antitrust litigation relating to credit default swaps
  • Idenix Pharmaceuticals Inc. in connection with the $3.85 billion acquisition of Idenix by Merck & Co., Inc. in 2014
  • Nippon Steel & Sumitomo Metal Corporation relating to its $1.5 billion joint acquisition of ThyssenKrupp Steel USA with ArcelorMittal in 2014
  • R.R. Donnelley & Sons Company in connection with its $620 million acquisition of Consolidated Graphics, Inc. in 2014
  • Intercontinental Exchange, Inc. in antitrust matters before the U.S. Department of Justice relating to its $8.2 billion acquisition of NYSE Euronext in 2013
  • Cymer, Inc. in connection with the $2.5 billion sale of Cymer to ASML Holding N.V. in 2013
  • Skype Global S.à r.l. and Silver Lake Partners in U.S. and foreign antitrust matters relating to the $8.5 billion sale of Skype to Microsoft Corporation in 2011
  • Microsoft Corporation in the landmark antitrust action by the U.S. Department of Justice and 19 states and the District of Columbia between 1998 and 2004
  • United Rentals, Inc. in connection with its $4.2 billion acquisition of RSC Holdings Inc. in 2012
  • VeriFone Holdings, Inc. in antitrust litigation relating to VeriFone’s $485 million acquisition of Hypercom Corporation in 2011
  • Microsoft Corporation and a consortium of technology companies in relation to the consortium’s $450 million acquisition of a portfolio of patents from Novell, Inc. in 2011
  • Rio Tinto plc concerning the $3.2 billion sale of Alcan’s flexible packaging businesses to Bemis and Amcor in 2010
  • Philips Electronics North America Corp. in antitrust litigation relating to the sale of thin film transistor liquid crystal display (TFT-LCD) panels
  • Anheuser-Busch InBev N.V./S.A. in antitrust matters relating to InBev’s $52 billion acquisition of Anheuser-Busch Companies, Inc. in 2008
  • Diageo plc in connection with the formation in 2008 of a $900 million joint venture with Nolet Beheer B.V. relating to Ketel One Vodka
  • Akzo Nobel N.V. in connection with the $14 billion sale of Organon BioSciences N.V. to Schering-Plough Corporation in 2007
  • R.R. Donnelley & Sons Company relating to the $400 million acquisition of Von Hoffmann Holdings, Inc. from Visant Holding Corp. in 2007
  • VeriFone Holdings, Inc. in connection with VeriFone’s $800 million acquisition of Lipman Electronic Engineering, Ltd. in 2006
  • Archipelago Holdings, Inc. in relation to the $9 billion combination of Archipelago and the New York Stock Exchange in 2006

Other Notable Matters
  • Standard Chartered Bank in litigation leading to the landmark 2014 ruling by the New York Court of Appeals confirming the applicability of New York’s “separate entity rule” to judgment-enforcement proceedings
  • Financial institution clients in varied federal and New York State white-collar litigation and investigations
  • Standard Chartered Bank in litigation arising out of the collapse of Bernard L. Madoff Investment Securities LLC
  • Standard Chartered Bank in its successful defense against claims brought by a group of Brazilian individuals who claim to have lost money that they invested with an insolvent Antiguan bank
  • Claimants against the United States in a successful en banc appeal to the U.S. Court of Appeals for the Federal Circuit in litigation arising from federal government action that led to the 1992 seizure of Meritor Savings Bank
  • Goldman Sachs Group, Inc. in litigation arising from the transformation of the Montana Power Company into a telecommunications company
  • Intercontinental Exchange, Inc. in litigation against the New York Mercantile Exchange, Inc. concerning intellectual property claims asserted over published settlement prices for futures contracts
  • Allegheny Energy, Inc. and individual defendants in securities class action and derivative litigation arising from energy trading market conditions in late 2002
  • On a pro bono basis, the New York City Council in litigation challenging the validity of the Equal Benefits Law that was enacted in 2004