Dewey & LeBoeuf

Alexander M. Kayne

Partner

Mr. Kayne is a partner with the firm's Litigation Department who practices in the preparation and trial of complex commercial litigation in federal and state courts, bankruptcy courts, and before federal regulatory agencies and in arbitrations. He has represented firms in a variety of industries, including the insurance, Internet services, banking and energy industries.

Mr. Kayne graduated from Yale University in 1994 and Yale Law School in 1997. While attending Yale Law school, Mr. Kayne was an editor of the Yale Law Journal .

Mr. Kayne clerked on the United States District Court for the Eastern District of New York for the Honorable Raymond J. Dearie from 1997-1998 and joined the firm in 1998.

Mr. Kayne also serves on the board of directors of the Water Authority of Western Nassau County, a public corporation that provides water service to portions of Nassau County, New York.

Representative Matters

Represents Organic Juice, USA in an unfair business practices and Lanham Act case against POM Wonderful involving POM Wonderful’s unfair and deceptive claims regarding its products in the market for 100% “not from concentrate” pomegranate juice. The case is pending in federal court in New York;
Represented seven of the world’s top poker players in an antitrust action against WPT Enterprises, Inc. in federal district court in Los Angeles. Plaintiffs Chris Ferguson, Howard Lederer, Annie Duke, Phil Gordon, Andy Bloch, Greg Raymer and Joe Hachem sought to enjoin, and sought treble and punitive damages for, WPTE’s continuing violations of federal and state antitrust laws. This case ended in settlement;
Represented a coalition of US lumber producers in its ongoing trade dispute with Canada. As part of this representation, Mr. Kayne was a lead attorney in bringing a landmark constitutional challenge to the bi-national panel dispute resolution system that is included in Chapter 19 of the North American Free Trade Agreement. The case ended in a settlement reached between the US government and the government of Canada;
Represented US lumber producers before an Extraordinary Challenge Committee convened under NAFTA’s Chapter 19 to review a binational panel’s decision to reverse a U.S. International Trade Commission’s finding that the US lumber industry was threatened with material injury by reason of imports of softwood lumber from Canada. This was only the third Extraordinary Challenge Committee convened in the history of NAFTA;
Represented a coalition of Blue Cross Blue Shield insurance plans in a suit against the tobacco industry claiming violations of RICO, antitrust and consumer protection laws. This suit culminated in the first ever jury verdict in favor of a third-party payer against the tobacco industry;
Defended a reinsurance company against allegations of securities fraud raised in connection with an investigation by the Securities and Exchange Commission and the New York State Attorney General;
Represented AIG in connection with a dispute with a software licensor arising out of the company’s divestiture of certain subsidiaries that used the licensor’s software;
Counseled a reinsurance company in connection with a loss claim purportedly resulting from the rescission of an inuring reinsurance policy;
Defended Omnicare against alleged violations of the False Claims Act in actions brought by the Department of Justice, various states attorneys general and qui tam relators;
Represented Steve McNair, former starting quarterback of the Tennessee Titans, and the National Football League Players Association, a longstanding client of the firm, in connection with an arbitration over a dispute between Mr. McNair and the Titans concerning his rights to participate in the team’s off-season training program. Mr. McNair was victorious; the arbitrator ordered the Titans to allow Mr. McNair to train with the team;
Represented a NASDAQ internet hosting company, Applied Theory Corporation, in a AAA arbitration arising out of an acquisition. The arbitration ended successfully with a favorable decision for the company. The dispute involved claims of breach of an option agreement, breach of representations and warranties in a merger agreement, fraud in the inducement and securities fraud; and
Represented PG&E Corporation in an adversary proceeding brought against it by one of its bankrupt subsidiaries, National Energy & Gas Transmission, Inc. (NEG) in the United States Bankruptcy Court for the District of Maryland. Mr. Kayne played a lead role in the defense of this suit, and counseled PG&E Corporation on issues arising from NEG’s bankruptcy proceeding. This case ended in settlement.