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Yavar Bathaee
Partner

Tel: +1 (332) 322-8835

Email: yavar@bathaeedunne.com

Yavar represents clients in complex, high-stakes litigation in state and federal courts throughout the country. Prior to starting the firm, Yavar spent more than a decade in Sullivan & Cromwell’s litigation group, where he represented a wide breadth of clients, including financial institutions, automotive manufacturers, technology companies and central banks.

Representative matters in which Yavar is currently lead counsel include:
  • Co-lead counsel for a putative class of overcharged advertisers in an antitrust lawsuit against Facebook regarding the company's monopolization of the U.S. social advertising market.

  • Co-lead counsel for a putative class of Charles Schwab retail investors in an antitrust lawsuit challenging Schwab's anticompetitive merger with TD Ameritrade (E.D. Tex.)

  • Co-lead counsel for a putative class of overcharged LinkedIn Premium subscribers in an antitrust lawsuit regarding LinkedIn's monopolization and attempted monopolization of the professional social networking market (N.D. Cal.)

  • Co-lead counsel for putative classes of YouTube TV and DirecTV subscribers in an antitrust case against Disney for its anticompetitive agreements in the market for streaming live television. (N.D. Cal.)

  • Co-lead counsel in a shareholder derivative suit against T-Mobile officers and directors regarding divided loyalties and breaches of fiduciary duty in service of T-Mobile's largest shareholder Deutsche Telekom. (Del. Ch.)

  • Co-lead counsel for putative classes of AMD CPU and HP computer purchasers in lawsuits against AMD and HP for defective Ryzen CPUs. (N.D. Cal.)

Other representative matters include:

 

  • Novell Inc. v. Microsoft. Represented Microsoft in two-month antitrust jury trial in which the plaintiff, Novell, sought $3 billion in trebled damages for Microsoft’s alleged monopolization of the PC operating systems market, resulting in complete victory for Microsoft and affirmance by the Tenth Circuit and denial of certiorari by the U.S. Supreme Court.

  • Nomura Holdings Inc. v. Federal Housing Finance Agency. Represented defendant Nomura in one of the only Securities Act of 1933 trials in U.S. history in an action brought by the FHFA over mortgage-backed securities sold to Fannie Mae and Freddie Mac.
     

  • CSH Theatres LLC v. Nederlander of San Francisco Associates. Represented CSH Theatres at trial in the Delaware Court of Chancery, successfully defending CSH Theatres and individual defendants from breach of fiduciary duty claims and preventing an injunction barring competition with plaintiff.
     

  • In re: Aluminum Warehousing Antitrust Litig. Represented Goldman Sachs and warehousing defendants in class action antitrust lawsuits alleging the manipulation of London Metal Exchange aluminum prices.
     

  • In re Barclays Bank Plc Securities Litig. Successfully obtained summary judgment for Barclays in a 1933 Securities Act class action arising out of $2.5 billion offering of Barclays ADS preference shares.
     

  • In re Chrysler LLC. Represented Fiat and New Chrysler the bankruptcy and sale of Chrysler, including emergency appeals to the Second Circuit Court of Appeals and the United States Supreme Court.
     

  • Successfully represented financial institutions in constitutional challenges to extraterritorial applications of U.S. blocking statutes and restraining orders, including successfully petition to quash the restraint and seizure of $2 billion of assets held by Bank of Tokyo Mitsubishi UFJ outside of the United States.
     

  • In re: Takata Airbag Products Liability Litig. Represented Volkswagen and Audi in nation-wide products liability class action concerning Takata airbag recalls.
     

  • In re: Bernard L. Madoff Investment Securities LLC. Represented financial institutions sued in the aftermath of Bernard Madoff’s massive fraud, including in constitutional challenges to one of the first applications of Chapter 15 of the Bankruptcy Code.

 

Yavar also represents clients in criminal and regulatory actions brought by federal, state and foreign governments, including criminal investigations by the United States Department of Justice and regulatory investigations by the Securities and Exchange Commission. He also has experience litigating matters involving many other U.S. Government agencies, including the FDIC, FHFA, SIPC, OFAC, the Federal Reserve, and the EPA.

 

A computer scientist and engineer, Yavar is also developing deep neural network and deep reinforcement learning systems aimed at eclipsing subjective human judgments about litigation strategy and outcomes. Yavar is also one of the first scholars in the nascent field of AI and Machine Learning Law and has authored articles featured in academic journals published by Harvard University and the University of California Berkeley.

Education
  • J.D. Fordham Law School, magna cum laude, Order of the Coif, Class of 1911 Prize

  • B.S. University of California Davis, Computer Science and Engineering

Admissions

California

New York

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