Mr. Larkin has represented a broad range of clients in high-profile cases involving merger and acquisition disputes, commercial contracts, antitrust matters, securities class actions and corporate control challenges. He has substantial experience representing debtors, committees and creditors in litigation related to bankruptcies, and frequently advises clients on Delaware laws governing corporations and alternative entities. He was recently recognized by Turnarounds & Workouts magazine as one of its Outstanding Young Restructuring Lawyers for 2020.
Throughout his career, Mr. Larkin has represented companies and boards in litigation arising from some of the largest transactions in history, and he has been at the forefront of corporate innovation. In April 2020, he was one of the lead litigators for Sabre Corporation in its trial victory in Delaware federal court against the Department of Justice’s challenge to Sabre’s proposed acquisition of FareLogix, which was dubbed by one major media outlet as a “stunning court victory in the U.S.” Additionally, in recent years he has tried cases successfully to judgment for CommonWealth REIT, TravelCenters of America LLC and the stockholders of EPCO Carbon Dioxide Products, Inc. Mr. Larkin also was one of the lead litigators that represented MacAndrews & Forbes in the Delaware Supreme Court’s seminal decision in Kahn v. M&F Worldwide Corp. (MFW), in which the court held for the first time that the deferential business judgment standard of review applied to a controller-led merger.
In the bankruptcy arena, Mr. Larkin most recently represented Stearns Holdings, LLC, the parent company of Stearns Lending, LLC, in its comprehensive financial restructuring plan (U.S. Bankruptcy Court for the Southern District of New York); Melinta Therapeutics in its comprehensive financial restructuring in Chapter 11 (U.S. Bankruptcy Court for the District of Delaware); and a stalking horse bidder in the successful resolution of “bid-rigging” allegations arising from bankruptcy auction (U.S. Bankruptcy Court for the Southern District of New York).
Outside of bankruptcy, Mr. Larkin has extensive experience representing companies and their boards in all types of corporate litigation, including:
- the special litigation committee of Clovis Oncology Inc. in ongoing derivative litigation;
- Melinta Pharmaceuticals, Inc. in shareholder litigation in the Delaware Court of Chancery and its subsequent comprehensive financial restructuring in Chapter 11 in Bankruptcy Court in Delaware;
- Gilead Pharmaceuticals in its recent acquisition of Forty Seven, Inc.;
- Array BioPharma in its $11.4 billion acquisition by Pfizer;
- Alder Biopharmaceuticals, Inc. in its sale to Lundbeck for up to $1.95 billion;
- Achillion Pharmaceuticals, Inc. in its sale to Alexion for up to $1.225 billion;
- ArQule, Inc. in its $2.7 billion sale to Merck;
- Merrimack Pharmaceuticals, Inc. in litigation against its convertible noteholders arising from Merrimack’s sale of certain assets to Ipsen S.A;
- the defense of a significant shareholder in the successful resolution of litigation arising from Lions Gate’s acquisition of STARZ, Inc. (Delaware Court of Chancery and California Superior Court); and
- the special committee of Wesco Financial Corporation in its merger with its controlling shareholder Berkshire Hathaway, Inc.
Mr. Larkin has written numerous articles on Delaware law issues and was appointed twice by the Delaware Supreme Court to serve on the Delaware Board of Bar Examiners.