Atif Khawaja, P.C.
Overview
Atif is “practical, concise, analytical and strategic” and “excellent at combining very strong litigation skills with excellent client service.” - Chambers, 2020 (Client Quote)
Atif Khawaja litigates high-value commercial disputes. Atif Khawaja litigates high-stakes commercial disputes. For more than twenty years, he has tried and won bet-the-company cases across industries and subject matters—from existential disputes surrounding corporate control and investments, to multibillion dollar commercial disputes, to expansive claims of product liability, IP infringement and regulatory violation. Atif has successfully led matters in forums nationwide involving complex claims of antitrust, appraisal, breach of contract, fiduciary duty, fraud and misrepresentation, patent infringement, trade secret theft and unfair competition. Based in New York, Atif is sought out by prominent businesses across the globe when facing material U.S. litigation. He is known for pragmatic solutions, and his matters routinely garner press and public attention, including in The New York Times, Bloomberg and the Wall Street Journal.
Atif is recognized as one of the top litigators in the country by Chambers USA, The Legal 500 US, Benchmark Litigation, Law360, the New York Law Journal, Crain’s and the Minority Corporate Counsel Association. The National Law Journal has recognized Atif as a “Litigation Trailblazer,” and his wins have been profiled by The American Lawyer in its “Litigator of the Week” contest. Thomson Reuters has repeatedly recognized him as a “Stand-out Lawyer” based on recommendations of senior in-house counsel. According to a client quoted by Chambers USA, Atif “can take very complex issues and quickly distill the information to provide succinct advice.”
Atif leads many Kirkland initiatives and sits on its Associate and Partner Review committees. He is committed to pro bono service and oversees the pro bono program in Kirkland’s New York office. He volunteers as a Director of The Legal Aid Society, the nation’s oldest and largest provider of legal aid to the poor, and he chairs the Board of Trustees for the Ethical Culture Fieldston School.
Experience
Representative Matters
For LG Electronics, leading litigation defense of claims brought by minority shareholders of Alphonso, Inc., an advertising data analytics company controlled by LG Electronics. Kirkland took over the case after prior counsel lost a governance dispute at trial. Kirkland successfully defeated a post-trial motion seeking $24 million and is now handling a subsequent appeal and all related litigation.
For Mariner Finance, a prominent consumer finance company, leading defense of first of its kind multistate litigation brought by eleven state Attorneys General challenging consumer lending sales practices and products.
For MaxLinear, a semiconductor pioneer, leading litigation against Comcast for misappropriating industry-changing cable modem trade secret technology and defending against contract breach claims. Defeated claims and injunction request brought by Comcast against MaxLinear. Defeated multiple motions by Comcast to dismiss and limit MaxLinear’s trade secret claim against Comcast, with litigation pending.
For prominent international IT services company, leading the defense of $75+ million claim brought by customer surrounding data breach at project.
For prominent international IT services company, led the defense of and successfully resolved $100+ million claim brought by customer surrounding failed project without litigation for under $2 million.
For private equity sponsor, led the successful defense of a US qui tam action in the Eastern District of Texas that named sponsor and portfolio company. Matter resolved without any action filed against sponsor.
For prominent international IT services company, leading the defense of claims brought by customer in $1 billion software implementation project.
For private equity sponsor, co-led the defense of claims asserted in Cayman appraisal proceedings surrounding multiple foreign-based take private transactions.
For private equity sponsor and portfolio company, leading the defense of claims asserted by minority shareholder surrounding controller decisions.
For Dabur, an international consumer products conglomerate, secured dismissal from a 9,000+ case federal multidistrict product liability action surrounding hair relaxer products made and sold by its US subsidiary, Namaste Labs.
For United Airlines, led the defense of a lawsuit brought by Expedia, Inc. related to Expedia’s ability to sell United airfares. Settled on favorable terms after defeating a request for a preliminary injunction that would have forced United to extend the duration of Expedia’s access to United flights.
For a hedge fund, led an arbitration arising from a dispute with fund founder. After a week-long evidentiary hearing, the arbitration panel unanimously rejected the founders’ core claims, finding no breach of contract or breach of fiduciary duty.
For Welspun, the world’s largest textile maker, led the defense and successful resolution of multiple class actions alleging misrepresentations to millions of consumers regarding “Egyptian” and “Pima” cotton products sold by major U.S. retailers. Defended class-wide settlement from multiple legal challenges.
For Mariner Finance, a prominent consumer finance company, leading defense of first of its kind multistate litigation brought by eleven state Attorneys General challenging consumer lending sales practices and products.
For Henkel KGaA, led the defense and won summary judgment defeating over $1 billion of claimed tortious interference and breach of contract damages arising out of proposed refinery cleaning technology venture. The court held definitively that no deal was ever reached, foreclosing all claims. The Sixth Circuit affirmed the district court’s decision after successful oral argument. The Sixth Circuit also reinstated Henkel’s related lawsuit against the plaintiff’s principal, reversing the trial court’s entry of summary judgment against Henkel on those claims.
For a private investment fund, represented in a $100 million dispute brought by a terminated former partner alleging more than a dozen contractual and equitable claims, including breach of contract, breach of fiduciary duties, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Following a six day hearing, Kirkland prevailed for the investment firm. The arbitration panel denied all of the former partner’s claims for damages and found that the former partner had breached his restrictive covenants, forfeited the vast majority of his severance including all net fee income and half of his carried interest in the firm's most recent fund, and had to return millions in escrowed severance.
For Sagent M&C, a fintech service provider, defeated an emergency injunction, TRO, and appeal brought by a customer seeking to enforce an IT services contract that was procured by fraud.
For United Airlines, won summary judgment and obtained a foreclosure order and preliminary injunction paving the way for the sale of Avianca Airlines. In related litigation, defeated multiple attempts at both the trial and appellate level to enjoin United from providing financing to Avianca.
For United Airlines, led the defense and successfully resolved $1+ billion antitrust lawsuit by DHL alleging a conspiracy to fix prices for air cargo shipments. Matter settled while case dispositive motions were pending.
For Information Resources, Inc. (IRI), leading the defense in a breach of contract lawsuit brought by Nielsen Consumer LLC stemming from IRI's pending sale to The NPD Group, a provider of market information and advisory services. Defeated the plaintiff’s preliminary injunction motion.
For Compass, the nation’s largest independent real estate brokerage, lead the defense of a lawsuit brought by an individual claiming to be a Compass founder and seeking $200+ million in founders’ equity. Defeated the vast majority of plaintiff's claims. The remaining claims were successfully settled prior to trial.
For Morgan Stanley Resorts, defeated $350+ million contract claims brought by Hilton surrounding the iconic Grand Wailea, Biltmore, LaQuinta, Doral and Claremont Resorts. After five-day trial, the court rejected Hilton’s claims.
For IMG, defeated $300+ million mass action fraud and consumer misrepresentation claim related to unsuccessful real estate venture. Won summary judgment disposing of plaintiff’s claims.
For Dow, defended and successfully resolved claim to compel its $15 billion acquisition of Rohm & Haas in the wake of the 2008 financial crisis. On the first day of trial, Dow renegotiated acquisition with major price reduction.
For New Silk Route, the largest Indian private equity fund, defended and successfully resolved claims brought by a disgruntled investor and a parallel SEC investigation. Also defeated preliminary injunction brought by ex-board member Rajat Gupta and secured dismissal of his claim.
For Bridgewater, the world’s largest hedge fund, successfully sued and blocked ex-employees from pursuing competing investment vehicle venture.
More
Thought Leadership
Publications
“Kirkland Teaches Associates Deposition Skills Through Practice, Preparation,” Bloomberg BNA, May 30, 2019
“Discovery Process, Costs Can Confuse Foreign Companies Caught in U.S. Litigation,” Bloomberg BNA, March 12, 2019
“Can Your Overseas Company Be Taken to U.S. Court?,” Bloomberg BNA, March 4, 2019
“Supreme Court's Decision in 'BMS' Presents New Hurdles to Forum Shoppers,” New York Law Journal, December 18, 2017
“An Ounce of Prevention: Accidental Destruction of ESI Is Serious Business,” New York Law Journal, February 17, 2017
Credentials
Admissions & Qualifications
- 2003New York
Courts
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the First Circuit
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Sixth Circuit
- United States District Court for the Eastern District of New York
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of Michigan
Education
- Boston University School of LawJ.D.magna cum laude2002Boston University Law Review, Topic & Book Review Editor
- University of VirginiaB.A., Biology & Religious Studies1999
Distinctions & Affiliations
Ranked as a leading lawyer for General Commercial Litigation by Chambers USA, 2020–2024
Recognized as a “Litigation Trailblazer” by The National Law Journal, 2020
Recognized as a leading lawyer for General Commercial Disputes by The Legal 500 US, 2020–2021
Recognized as a “Future Star” by Benchmark Litigation, 2020–2025
Named to Lawyers of Color’s inaugural “Nation’s Best” list, 2019
Director, The Legal Aid Society, 2018–Present
Named one of eleven national “Rising Stars” by the Minority Corporate Counsel Association, 2017
Named one of five “Rising Stars” in Intellectual Property, Law360, 2017
Named a “Rising Star” by the New York Law Journal, 2016
Recipient, Multicultural Leadership Award, National Diversity Council, 2014
Fellow, Leadership Council on Legal Diversity, 2015
Recipient, Kirkland & Ellis Pro Bono Service Award, 2006–2019
Steering Committee, The American Lawyer New Partner Forum