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Representative Matters

  • Represented several private equity funds in a number of cases alleging liability under the Worker Adjustment and Retraining Notification Act (WARN Act), including:
    • Guippone v. BH S & B Holdings LLC, --- F.Supp.2d ----, 2010 WL 103876 (S.D.N.Y. Jan. 5, 2010) (dismissing WARN Act claims against investment firms).
    • Marshall v. NewStarcom Holdings Inc., Adv. Pro. No.08-50079 (Bankr. D. Del. Oct. 13, 2009) (granting judgment in favor of private equity firms in WARN Act case)

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Recognition
  • Washington Business Journal's "40 Under 40" 2010

  • Lawdragon 500 “New Stars, New Worlds” 2006

  • Washingtonian's "Top 40 Lawyers Under 40" 2006


Education
  • JD, summa cum laude, American University, Washington College of Law, 1997
  • BA, Cornell University, 1994

Admissions
  • California
  • District of Columbia
  • Supreme Court of the United States
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Fourth Circuit
  • US District Court for the District of Columbia
  • US District Courts for the Northern, Central, and Southern Districts of California

Publications, Presentations, and Multimedia
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Partner
Practice Focus

Litigation

Justin Antonipillai is a partner in the firm's Litigation practice group. He has been recognized repeatedly for his success on behalf of, and loyalty to, his clients. The Washington Business Journal recently named Mr. Antonipillai to its list of "Top 40 Business People Under 40," recognizing his significant victories and pro bono work. Washingtonian magazine named Mr. Antonipillai one of the "Top 40 Lawyers Under 40," and Lawdragon recognized him as one of the 500 "New Stars, New Worlds."

Mr. Antonipillai concentrates on commercial and bankruptcy litigation, securities litigation and enforcement, appellate matters, accountant liability cases, director and officer liability matters, and white-collar criminal defense.

He has represented clients at the trial and appellate levels of both state and federal courts, before congressional committees, the US Department of Justice (DOJ), the US Securities and Exchange Commission(SEC), and state public accounting bodies. Mr. Antonipillai also has experience handling matters governed by the Classified Information Procedures Act (CIPA), and he holds a top-secret (TS-SCI) national security clearance.

Mr. Antonipillai has focused on the representation of private equity funds, investment firms, and real estate investments trusts (REITs). He has represented investment firms in commercial litigation, securities enforcement matters, successor liability matters, employment litigation, and bankruptcy/reorganization litigation.

In 2010, Mr. Antonipillai was appointed Senior Advisor to Senator Carte P. Goodwin of West Virginia. During Senator Goodwin's term in the Senate, Mr. Antonipillai advised him on matters relating to the Senate Armed Services Committee, Senate Health, Education, Labor, and Pensions Committee, Senate Budget Committee, and Senate Rules Committee, in addition to other matters that came before the Senate. Mr. Antonipillai rejoined Arnold & Porter in November 2010.

Representative Matters

Private Equity/Investment Firm Litigation

  • Represented several private equity funds in a number of cases alleging liability under the Worker Adjustment and Retraining Notification Act (WARN Act), including:
    • Guipponev. BH S & B Holdings LLC, --- F.Supp.2d ----, 2010 WL 103876 (S.D.N.Y. Jan. 5, 2010) (dismissing WARN Act claims against investment firms).
    • Marshallv. NewStarcom Holdings Inc., Adv. Pro. No.08-50079 (Bankr. D. Del. Oct. 13, 2009) (granting judgment in favor of private equity firms in WARN Act case)
  • Represented an investment fund and a number of directors against claims of breach of fiduciary duty, equitable subordination, and recharacterization, arising out of a bankruptcy in the retail sector. Official Committee of Unsecured Creditors v. Bay Harbour Master Ltd. (In re BH S & B Holdings LLC), 420 B.R. 112 (Bankr. S.D.N.Y. 2009) (dismissing claims with prejudice).
  • Represented a private equity firm in defense of preference and fraudulent conveyance claims. Official Committee of Unsecured Creditors of Marcal Paper Mills, Inc.v. American Capital Strategies, et al, Adv. Pro. No. 08-2943 (Bankr. D. N.J. Aug. 19, 2009) (dismissing claims against private equity firm).
  • Represented a private equity fund in bankruptcy proceedings for a plumbing supply company in which the debtors' exclusive rights to propose a plan of reorganization was successfully terminated.
  • Represented an investment fund and a number of directors against claims of breach of fiduciary duty, fraudulent conveyance, and related claims, arising out of a bankruptcy in the electrical contracting industry.
  • Represented a private equity fund in claims of recharacterization and equitable subordination arising out of a bankruptcy in the energy sector.
  • Represented an investment fund in securities disputes relating to the valuation of investments upon exit.
  • Represented an investment fund in a commercial dispute arising from the sale of a property and a related lease.
  • Represented an investment fund in employment disputes arising out of employment agreements.
  • Represented a real estate investment trust in litigation relating to a loan guaranty.

Securities Enforcement and Litigation

Mr. Antonipillai has represented clients in connection with some of the largest securities litigation and enforcement matters in the country. Among other things, Mr. Antonipillai has served as, counsel for certain defendants in the following complex securities class actions and derivative actions involving accounting, financial reporting, corporate governance and fiduciary and Employee Retirement Income Security Act (ERISA) issues:

  • In re The Mills Corp Securities Litigation(E.D. Va)
  • In re CNL Hotels & Resorts Inc., Securities Litigation (M.D. Fla.)
  • In re Enron Corp Securities, Derivative, and ERISA Litigation(N.D. Tex.)
  • In re Suntera Corporation Securities Litigation(M.D. Fla.)

In addition, Mr. Antonipillai has:

  • Represented an auditor in connection with the Enron matter before state and local courts, regulatory bodies, and congressional committees.
  • Represented "big four" accounting firms in regulatory matters and state and federal litigation.
  • Represented a registered broker-dealer in connection with regulatory matters before the SEC and the Financial Industry Regulatory Authority (FINRA).

Pharmaceutical and Medical Device Litigation

  • Represented a pharmaceutical company in multidistrict litigation arising out of Medicaid reimbursement to pharmacies and related rebates.
  • Represented medical device manufacturers and pharmaceutical firms in litigation relating to Medicaid reimbursement.

Appellate Matters

In addition, Mr. Antonipillai has practiced extensively as lead counsel in matters before the United States Courts of Appeals and the Supreme Court of the United States.

For example, Mr. Antonipillai served as lead appellate (appointed) counsel in United States v. Moussaoui, No 06-4494, the appeal that arose out of the conviction and sentence of Zacarias Moussaoui in the Eastern District of Virginia related to the 9/11 attacks. Mr. Antonipillai's representation of Mr. Moussaoui was covered extensively, including in The New York Times.

Since 2001, Mr. Antonipillai has appeared on brief in many cases and has argued a number of appeals, including:

  • United States v. Mason, (DC Court of Appeals)
  • United States v. Moussaoui, 591 F.3d 263 (4th. Cir. 2010)
  • Townes v. Jarvis, 577 F.3d 543 (4th Cir. 2009)
  • United States v. Linder, 552 F.3d 391 (4th Cir. 2009)
  • Eriline Co. S.A. v. Johnson, 440 F.3d 648 (4th Cir. 2006) (amicus to the Court)
  • Washington v. Jarvis, 137 Fed. Appx. 543, 2005 WL 1287031 (4th Cir. 2004)
  • Jones v. Braxton, 392 F.3d 683 (4th Cir. 2004)
  • Manokey v. Waters, 390 F.3d 767 (4th Cir. 2004)
  • In re Williams, 364 F.3d 235 (4th Cir. 2004)
  • United States v. Goines, 357 F.3d 469 (4th Cir. 2004)
  • Hill v. Braxton, 277 F.3d 701 (4th Cir. 2002)

Mr. Antonipillai has also litigated extensively before the United States Courts of Appeals for the Eighth Circuit, DC Circuit, and Federal Circuit, and the DC Court of Appeals.

Pro Bono

Mr. Antonipillai has dedicated a significant part of his practice donating his time to clients in need. Among other things, Mr. Antonipillai started a clinic that helps those in need in appellate matters, and in the last six years, the clinic has handled dozens of matters, winning important cases in criminal, prisoner civil rights, habeas, and social security cases. Mr. Antonipillai has supervised dozens of matters, and has personally handled a number of others, including several jury trials. His efforts have been cited in a number of publications, including The New York Times, Washington Post, Washington Business Journal, and Washingtonian magazine.

Rankings

Washington Business Journal's "40 Under 40" 2010

Lawdragon 500 “New Stars, New Worlds” 2006

Washingtonian's "Top 40 Lawyers Under 40" 2006