Start New Lawyer Search

Paul C. Gluckow
Partner

425 Lexington Avenue
New York, NY 10017-3954
Phone:  (212) 455-2653
Fax:  (212) 455-2502
Send Email | vCard

Paul Gluckow is a Partner in the Firm’s Litigation Department. His practice focuses on securities litigation (including class and derivative actions, contests for corporate control, and government and internal investigations), antitrust litigation, defense of law firms in legal malpractice and related matters, and other complex commercial litigation.

Mr. Gluckow regularly represents financial institutions, corporations, and individuals in high-profile securities and other shareholder litigations.  He has recently handled securities matters involving former directors of BearingPoint, Inc. (defending against breach of fiduciary duty claims); Banco Hipotecario S.A. (defending action claiming bank defaulted on certain notes); Banc of America Securities, Lehman Brothers, and Ferris, Baker Watts (as underwriters defending against Section 11 claims); Morgan Stanley (auction rate securities derivative litigation); HealthSouth (federal securities litigation, shareholder derivative suits, and related ERISA litigation); KeySpan (federal securities litigation and shareholder derivative suits); ImClone Systems (federal securities litigation, shareholder derivative suits, and various related government investigations and inquiries, as well as an internal investigation for ImClone’s Audit Committee); AIG (internal investigations, government investigations, and related securities and derivative litigation); LDK Solar (investigations related to allegations made by the Company’s former financial controller); and other public companies in connection with internal and governmental investigation matters.

Mr. Gluckow has substantial experience in litigation arising out of corporate acquisitions and other transactions, including most recently the pending acquisition of American Dental Partners, Inc. by funds affiliated with JLL Partners, Inc.; the acquisition of BJ’s Wholesale Club by CVC Capital Partners and Leonard Green & Partners; the acquisition of Varian Semiconductor by Applied Materials; the acquisition of CNA Surety by CNA Financial; the acquisition of Del Monte Foods by affiliates of KKR, Centerview, and Vestar; the acquisition of the US assets and platform of Centro Properties by affiliates of The Blackstone Group; Fairfax Financial’s tender offer for Odyssey Re; Overseas Shipholding Group’s tender offer for OSG America; King Pharmaceutical’s acquisition of Alpharma; the acquisition of Equity Office Properties by affiliates of The Blackstone Group; the acquisition of Open Solutions by affiliates of Carlyle and Providence Equity Partners; the acquisition of HCA by affiliates of KKR, Bain, and Merrill Lynch; the acquisition of TD Banknorth by affiliates of Toronto-Dominion Bank; and the acquisition of KeySpan by National Grid.

Mr. Gluckow has also been active in the Firm’s antitrust practice, litigating antitrust actions on behalf of both plaintiffs and defendants, including cases alleging monopolization, price fixing, and other restraints of trade. Antitrust matters on which Mr. Gluckow has advised include representing: KKR in a DOJ investigation related to consortium bidding in leveraged buyout transactions and a civil antitrust action alleging collusion among private equity firms; KKR and Centerview in defending against a civil antitrust action arising out of the acquisition of Del Monte Foods; HCA Inc. and Palmyra Park Hospital in litigation by the Federal Trade Commission, and related matters, seeking to enjoin the sale of Palmyra; Verizon Communications in the Trinko v. Verizon litigation; Drummond Company in an antitrust action against Blue Cross and Blue Shield of Alabama; and Appleton Papers in civil and criminal antitrust matters.

Other complex commercial litigation matters on which Mr. Gluckow has advised include representing: various clients in connection with post-closing purchase price adjustment disputes; Cooper Industries in defending against alleged fraudulent conveyance and related claims; Blackstone and Equity Office Properties in various breach of contract disputes arising from Blackstone’s acquisition of EOP; Wachovia in litigation arising out of the Adelphia bankruptcy; KeySpan in connection with breach of contract disputes; and law firms in defending against malpractice and related claims.

Mr. Gluckow is also active in the Firm’s pro bono practice.  Among other things, since 2007 he has supervised the Firm’s work with co-counsel The Legal Aid Society in the Immigration Removal Defense Project, through which the Firm and Legal Aid have represented numerous clients in removal/deportation cases in Immigration Court.

Mr. Gluckow joined Simpson Thacher in 1996. He received his J.D. summa cum laude from Seton Hall University School of Law in 1994 where he was also Editor-in-Chief of the Seton Hall Law Review. He received his M. Phil. with highest distinction in 1992 from the University of Glasgow and his B.A. magna cum laude from the University of Notre Dame in 1988. In 1994-95, Mr. Gluckow served as a law clerk to the Hon. William G. Bassler of the United States District Court for the District of New Jersey, and in 1995-96 he clerked for the Hon. Samuel A. Alito, Jr., of the United States Court of Appeals for the Third Circuit.

Honors/Associations
•  Rotary International Foundation Ambassadorial Scholarship, 1991-1992
•  American Bar Association
•  Association of the Bar of the City of New York
•  Federal Bar Council
Publications
•  Securities Law Alert, January 2012
•  New York Court of Appeals Rejects Martin Act Preemption of Common Law Claims of Breach of Fiduciary Duty and Gross Negligence
•  Supreme Court Considers Tolling of Statute of Limitations in Section 16(b) Claims
•  Second Circuit Affirms Madoff Trustee’s Use of “Net Investment Method” to Calculate Net Equity Under SIPA
•  The Supreme Court Limits Rule 10b-5 Liability to Person or Entity Making Alleged Misstatement
•  The Supreme Court Rejects Loss Causation Requirement at Class Certification Stage
•  The Supreme Court Considers Loss Causation at Time of Class Certification
•  The Supreme Court Rejects Bright-Line Rule on Disclosure of Adverse Event Reports
•  Joseph M. McLaughlin, Jonathan K. Youngwood and Paul C. Gluckow, “Case Study: Matrixx Initiatives Inc. V. Siracusano,” Law360 (January 18, 2011). Christopher R. Kelly contributed to this article.
•  The Supreme Court Considers the Materiality Requirement in the Context of Drug Companies’ Disclosure of Adverse Event Reports
•  The Supreme Court Considers the Liability of Investment Advisers in Federal Securities Fraud Cases
•  The Supreme Court Affirms the Constitutional Validity of the PCAOB; Strikes Down “Double For-Cause” Removal Provisions as Unconstitutional
•  The Supreme Court Limits the Extraterritorial Application of the Antifraud Provisions of the U.S. Securities Laws
•  The Supreme Court Rejects “Inquiry Notice” as Trigger to Start Running the Statute of Limitations in Securities Fraud Cases
•  The Supreme Court Considers the Application of the Antifraud Provisions of the United States Securities Laws in “Foreign-Cubed” Cases
•  The Supreme Court Considers the Constitutionality of the Public Company Accounting Oversight Board
•  The Supreme Court Considers the ‘Inquiry Notice’ Standard in Federal Securities Fraud Cases
•  The Supreme Court Rejects "Scheme" Liability For Secondary Actors In The Absence Of Actual Reliance On The Deceptive Conduct Or A Separate Duty To Speak
•  Supreme Court Hears Arguments on Expanding Securities Fraud Liability to Secondary Actors Based on Allegedly Fraudulent, Arm's Length Business Transactions
•  Supreme Court Adopts Heightened Standard for Pleading Scienter in Federal Securities Fraud Cases
Speaking Engagements
•  Paul C. Gluckow and Jonathan K. Youngwood Will Speak at PLI’s One-Hour Briefing Webcast on “'Say on Pay' Lawsuits: An Update Under the Dodd-Frank Act”
January 27, 2012
•  Jonathan Youngwood and Paul Gluckow to Speak on Practising Law Institute’s “Securities & Shareholder Litigation: Recent Critical Developments” Audiocast
September 20, 2011
Admissions
•  New Jersey 1994
•  New York 1996
•  U.S. District Court District of New Jersey 1994
•  U.S. District Court Eastern District of New York 1996
•  U.S. District Court Southern District of New York 1996
•  U.S. Court of Appeals Third Circuit 1996
•  U.S. Court of Appeals DC Circuit 2001
•  U.S. Court of Appeals Second Circuit 2007
•  U.S. Court of Appeals Seventh Circuit 2008
•  U.S. Court of Appeals Eleventh Circuit 2011
Clerkships
•  Hon. William G. Bassler, U.S.D.J., 1994-1995
•  Hon. Samuel A. Alito, Jr., U.S.C.J., 1995-1996
Education
•  Seton Hall University School of Law, 1994 J.D.
summa cum laude; Seton Hall Law Review, Editor-in-Chief, 1993-1994
•  University of Glasgow, 1992 M. Phil.
With Highest Distinction, Rotary Scholar
•  University of Notre Dame, 1988 B.A.
magna cum laude



•  Litigation
•  Antitrust
•  Securities/Shareholder Litigation
 
•  Print this page