Mr. Carberry is a member of the Firm’s Disputes practice focusing on complex commercial litigation. He has represented and/or advised clients in connection with litigation and arbitration involving commercial disputes, allegations of fraud and misrepresentation, breach of contract, business torts, securities fraud, RICO, multi-forum and complex litigation, bankruptcy and class actions. He also counsels banking and financial services clients on litigation risks in connection with mergers and acquisitions, lending and other financial transactions. His clients represent a wide variety of industries, including pharmaceuticals, banking and financial services (both US and international), energy, health insurance, construction, agriculture and manufacturing.

Representative Matters:

• Counsel for Sandoz Inc. in complex, multi-district commercial litigation involving 15+ actions brought by state Attorneys General alleging Medicaid fraud and unfair competition based on the reporting of allegedly inflated average wholesale prices (AWPs) of pharmaceuticals
• Counsel for Sandoz Inc. in several related qui tam actions brought on behalf of various state governments and the federal government alleging fraud in connection with allegedly inflated pharmaceutical prices
• Advisor to Deutsche Bank on litigation risk related to several potential loan and other financial transactions, including syndicate lending arrangements
• Advisor to various banking, private equity and hedge fund clients in connection with indemnification and/or breach of contract claims relating to failed merger and acquisition, lending and other financial transactions
• Counsel for Royal Bank of Canada in connection with various securities fraud class action suits relating to financial transactions involving Enron and a concomitant bankruptcy adversary proceeding involving the same allegations
• Counsel to Solidere, a Lebanese construction firm, in connection with an action filed in Delaware federal court seeking a preliminary injunction to enjoin an international arbitration proceeding abroad
• Lead counsel defending civil RICO claims brought in Massachusetts federal court against a Russian businessman by various business partners in connection with the acquisition of a Ukrainian mining interest
• Counsel to Brown Brothers Harriman in connection with multidistrict litigation brought by the descendents of African-American slaves seeking restitution from various businesses for the institution of slavery
• Trial counsel to a coalition of Blue Cross and Blue Shield health insurers in connection with a ten-week jury trial against various cigarette manufacturers seeking damages for costs incurred in treating smoking-related illnesses which resulted in the first ever jury verdict in favor of a third-party payer against the tobacco industry

Bars and Courts
New York State Bar
US District Courts for the Southern and Eastern Districts of New York
US Circuit Court for the First Circuit
US Circuit Court for the Third Circuit
US Circuit Court for the Fifth Circuit

Education
JD, Duke University School of Law, 1997
BA, Colgate University, magna cum laude, Phi Beta Kappa, 1994

Professional Associations and Memberships
American Bar Association
New York State Bar Association
Irish American Bar Association of New York

Publications
Delaware Court Interprets Material Adverse Effect Clause to Bar Hexion and Apollo From Abandoning Huntsman Deal, White & Case LLP Client Alert: Financial Markets Developments, October 2008

Languages
English

Citizenship
United States