Jennifer H. Rearden, a partner resident in Gibson, Dunn & Crutcher’s New York office, is a member of Gibson Dunn’s Litigation and Crisis Management Practice Groups and Co-Chair of Gibson Dunn’s Electronic Discovery and Information Law Practice Group. She also serves on Gibson Dunn’s Partnership Evaluation and Compensation Committees.
Ms. Rearden represents clients in complex commercial litigation, including major fraud and contract cases, large sales tax matters, hostile M&A, and disputes with states and municipalities, as well as internal investigations. She has tried cases and argued before multiple federal and state courts and administrative bodies. Ms. Rearden’s practice also frequently includes assisting clients in responding to high-profile events and evaluating legal risk, and counseling clients regarding crisis management planning and effective crisis response. Among the significant matters in which Ms. Rearden has been involved are a lawsuit on behalf of Lynn Tilton and Patriarch Partners against MBIA and U.S. Bank seeking to enjoin the bank, as indenture trustee, from selling the collateral of a distressed debt CLO fund on commercially unreasonable terms; and trial-level and appellate litigation on behalf of Cablevision, Madison Square Garden, and several community groups challenging and ultimately defeating New York City’s sweeping proposal to build a stadium for the New York Jets on Manhattan’s West Side.
Ms. Rearden received her Juris Doctor from New York University School of Law, where she was a member of the Journal of International Law and Politics. She graduated magna cum laude from Yale University with a Bachelor of Arts degree in History. A longtime member of the board of the Yale Club of New York City, Ms. Rearden now serves on a subcommittee of the Yale Club board and on the board of Copland House. She has also served on the boards of Inwood House and the NYU Law Alumni Association.
Ms. Rearden was the original author in 2008 of "Subprime-Related Securities Class Actions and Derivative Suits," a chapter in Practising Law Institute’s treatise, Securities Litigation: A Practitioner’s Guide, and its successor, "Credit Crisis Securities Litigation and Enforcement," and now authors "Automatic Stay of Discovery Under the PSLRA." She frequently publishes and speaks on securities litigation, discovery, and other subjects. Ms. Rearden is a member of the bars of the States of New York, Connecticut, and Georgia, the United States Court of Appeals for the Second Circuit, and the District Courts for the Southern and Eastern Districts of New York and the Northern District of Georgia. She is also a member of the Association of the Bar of the City of New York.
Other significant matters include:
- National Association of Securities Dealers ("NASD") (now the Financial Industry Regulatory Authority): Successful defense of putative class actions relating to the consolidation of NASD’s member regulatory functions with those of NYSE Regulation, Inc.
- Home Depot: Representation of Home Depot in a series of administrative, trial-level and appellate matters (including a trial in Connecticut) in states across the country where Home Depot was denied refunds of sales tax payments on private label credit card transactions in which the customers ultimately defaulted. These matters are ongoing.
- Verizon: Successful motion to dismiss more than a dozen causes of action against Verizon, sounding primarily in fraud, misrepresentation, breach of contract and quasi-contract, in a major real estate dispute (affirmed on appeal).
- GE Capital Corporation ("GECC") and GE Capital Aviation Services ("GECAS"): Representation of GECC and GECAS against claims for fraud, breach of contract, breach of fiduciary duty, and negligence in New York State Supreme Court, Commercial Division, by a former GECAS client for which the company had serviced aircraft leases.
- Barclays: Representation of Lehman Brothers, and subsequently, Barclays, in connection with the Chapter 11 proceedings of Asarco, LLC, including in a trial relating to Barclays’ fees.
- Philip Morris USA: Successful challenge, on federal preemption grounds, of a New York City regulation requiring tobacco retailers to post anti-smoking signs at the point of sale (affirmed on appeal).
- Hudson River Park Trust: Successful motion to dismiss Chelsea Piers, L.P.’s lawsuit against the Hudson River Park Trust, a public benefit corporation, which sought to shift the ultimate burden of commercial pier repairs to New York State, or to include Chelsea Piers in the Trust’s plan to redevelop certain piers as a public park (affirmed on appeal).
- New York Skyline, Inc.: Successful appeal for New York Skyline, Inc., a vendor of a virtual tour of New York City, obtaining a unanimous reversal of a ruling of the New York State Supreme Court that threatened to put Skyline out of business. Gibson Dunn convinced the Appellate Division, First Department, to overturn the trial court’s ruling that general vendor licenses (which are most difficult and time-consuming to obtain) were required for sidewalk ticket sales.
- HLP Properties: Successful litigation against the New York Department of Environmental Conservation in respect of its denial of Edison’s application to participate in the Brownfield Cleanup Program (which provides for the clean-up and redevelopment of underutilized contaminated properties, including liability relief and tax credits) (affirmed on appeal).
- Maxwell Shoe Company, Inc.: Representation of Maxwell Shoe in connection with its defense of an unsolicited merger proposal from Jones Apparel Group.
- Atlantic Coast Airlines Holdings, Inc.: Representation of Atlantic Coast in its successful effort to fend off a hostile takeover attempt by Mesa Air Group.
- ArvinMeritor: Representation of ArvinMeritor in its attempted takeover of Dana Corporation.