Joe Larkin focuses on corporate litigation and has significant trial experience in federal and state courts throughout the country. 

Bio

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. He also frequently provides advice on Delaware law governing corporations, limited partnerships and limited liability companies.

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 recent years, Mr. Larkin has tried cases successfully to judgment for CommonWealth REIT, TravelCenters of America LLC and the stockholders of EPCO Carbon Dioxide Products, Inc. Mr. Larkin was also one of the lead litigators that represented MacAndrews & Forbes in the Delaware Supreme Court’s seminal decision 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.

Other representations include:

  • representing 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);
  • Array BioPharma in shareholder litigation arising from its $11.4 billion acquisition by Pfizer;
  • defense of a stalking horse bidder in successful resolution of “bid-rigging” allegations arising from bankruptcy auction (U.S. Bankruptcy Court for the S.D.N.Y.);
  • defense of a significant shareholder in the successful resolution of litigation arising from Lions Gate’s acquisition of STARZ, Inc. (Delaware Court of Chancery);
  • defense of Merrimack Pharmaceuticals, Inc. in litigation against its convertible noteholders arising from Merrimack’s sale of certain assets to Ipsen S.A. (Delaware Court of Chancery); defense of EnergySolutions against the Department of Justice’s challenge of its proposed acquisition of WCS (Delaware federal court);
  • defense of a former senior executive of a Fortune 500 company in an expedited trial concerning non-compete, trade secrets and unfair competition claims (Pennsylvania federal court);
  • American Financial Group, Inc. in shareholder litigation arising from its $660 million going-private acquisition of National Interstate Corporation (Ohio federal court);
  • Yadkin Financial Corporation in its acquisition of NewBridge Bancorp (North Carolina Business Court);
  • JAB Beech Inc., an indirect, controlled subsidiary of JAB Holding Company, in shareholder litigation arising from JAB Beech’s $1.35 billion acquisition of Krispy Kreme Doughnuts, Inc. (North Carolina Business Court);
  • Express Scripts, Inc. in its $29 billion merger with Medco Health Solutions, Inc. (Delaware Court of Chancery and New Jersey federal court); and
  • Anheuser-Busch Companies, Inc. in its $52 billion acquisition by InBev N.V (Delaware Court of Chancery and Missouri state and federal court).

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.

Credentials

Education

  • J.D., Villanova University School of Law, 2006 (magna cum laude; Order of the Coif; Associate Editor, Villanova Law Review)
  • B.A., University of Richmond, 2003 (magna cum laude)

Admissions

  • Delaware
  • Pennsylvania

Experience

  • Law Clerk, Hon. R. Barclay Surrick, U.S. District Court for the Eastern District of Pennsylvania (2006-2007)

Joseph O. Larkin

Partner, Litigation; Corporate Restructuring
joseph.larkin@skadden.com