Don Hawthorne

Mr. Hawthorne represents clients in litigation involving complex financial products and financial industry practices, from auction rate securities and finite reinsurance to RMBS, CMBS, CDS and CLOs. Mr. Hawthorne has litigated many of the major issues raised in recent years concerning structured debt, securitized assets, and indenture structures, and has served as an expert witness in related litigation.

Clients, including distressed investors, banks, financial institutions, bond insurers, trustees, and other securitization participants, rely on Mr. Hawthorne for his experience litigating novel financial legal issues. Clients find his combination of rigorous reasoning and creative insight particularly effective in litigating complex and untested contractual terms and obligations.

Mr. Hawthorne also represents private equity investors and public companies in securities and M&A litigation, including defense of securities class action and derivative suits, fiduciary duty claims, purchase price adjustments, short swing profit claims, and other takeover-related litigation. He represents parties before the U.S. Securities and Exchange Commission and leads internal investigations.

A substantial portion of Mr. Hawthorne’s practice is dedicated to representing international parties in U.S. state and federal courts. He has a particular focus on Japan, having formed strong relationships with Japanese clients and law firms, and regularly travels to East Asia.

Mr. Hawthorne’s antitrust practice encompasses antitrust litigation, merger representation, and counseling. He has litigated federal, state, and transnational antitrust legal issues in many federal and state courts. Mr. Hawthorne has particular experience in intellectual property antitrust issues, joint ventures and other collaborative arrangements, and international antitrust litigation and enforcement.

Mr. Hawthorne represents defendants in antitrust class actions and plaintiffs and defendants in litigation with competitors, customers and suppliers. He has represented media and technology companies in standard-setting collaborations and financial services companies in antitrust challenges to financial products and business practices. He represents individuals and companies in government investigations and companies in many industries in DOJ and FTC merger reviews.