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Mitchell Lowenthal

Partner
Cleary Gottlieb Steen & Hamilton LLP

Mitchell Lowenthal

Mitchell A. Lowenthal is a partner of Cleary Gottlieb Steen & Hamilton LLP, resident in the firm’s New York office.

Mr. Lowenthal specializes in the prosecution and defense of complex civil litigations, with an emphasis on disputes arising out of securities and M&A transactions. He has been repeatedly recognized by Chambers USA (2004-2013) as a leading securities litigator, in The Best Lawyers in America (2005-2014), in The Legal 500 U.S. (2007-2013), in Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys (2010-2014), in PLC Cross-border Dispute Resolution Handbook (2011) and in Lawdragon’s 100 Securities Litigators You Need To Know (2008).

Mr. Lowenthal is currently representing ABB in litigation arising out of its $1.3 billion purchase of Power-One, NFP in litigation arising out of its $1 billion purchase by Madison Dearborn, the Special Committee of Yongye International in connection with Yongye’s agreement to be acquired; a syndicate of banks, inclulding Citigroup Global Markets, Goldman Sachs & Co., and Merrill Lynch, that underwrote securities issued by Bankrate, Inc. in class action litigation; Alpha Natural Resources in connection with its acquisition of Massey Energy and in shareholder class action litigation, and ING in connection with the appeal from the dismissal of claims challenging ING’s issuance of $4.5 billion in hybrid securities.

Mr. Lowenthal has also tried a series of cases under the Securities Investor Protection Act involving a range of issues, including clearing firm liability for acts of introducing brokers, In re Adler, Coleman Clearing Corp., 247 B.R. 51 (Bankr. S.D.N.Y. 1999), aff’d, 263 B.R. 406 (S.D.N.Y. 2001), and securities fraud, In re Adler, Coleman Clearing Corp., 277 B.R. 520 (Bankr. S.D.N.Y. 2002). Mr. Lowenthal has represented SIPA Trustees in the SIPA liquidations of Adler Coleman, Churchill Securities and Parr Securities.

Mr. Lowenthal has represented numerous clients pro bono publico, primarily in connection with the unique problems of the homeless, including 200 homeless workers denied minimum wage benefits, Archie v. Grand Central Partnership, 997 F. Supp. 504 (S.D.N.Y. 1998).

Mr. Lowenthal joined the firm in 1981 and became a partner in 1990. He received a J.D. degree, cum laude, from Cornell Law School in 1981, where he was an officer of the Cornell Law Review. He served as law clerk to the Honorable Edward Weinfeld of the U.S. District Court for the Southern District of New York.

Mr. Lowenthal is a member of the Bar in New York and is admitted to practice before the U.S. Supreme Court, the U.S. District Court for the Southern and Eastern Districts of New York, and the Eastern District of Wisconsin, as well as the U.S. Court of Appeals for the Second, Ninth and Eleventh Circuits. He is the Chairman of the Board of Directors of the Urban Justice Center, a member of the Executive Committee of the Bar Association of the City of New York, a former chair of the Association’s Committee on Securities Litigation (2007-2010), and a member of the American Law Institute. Mr. Lowenthal is also a former member of the Committee on Professional Ethics of the New York State Bar Association.