Atif Khawaja - Partner

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Atif Khawaja

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New York
Phone: +1 212-446-4749
Fax: +1 212-446-4900
Overview News Publications

Professional Profile

Atif Khawaja has broad experience litigating high-stakes commercial and intellectual property disputes across a variety of industries. He has successfully tried matters before courts and arbitration panels across the country, addressing claims of antitrust violation, breach of contract, breach of fiduciary duty, fraud and misrepresentation, patent infringement, trade secret theft, unfair competition, and other complex matters. He regularly represents Fortune 100 companies as well as prominent financial institutions, privately-held companies, and individuals. 

In 2016, the New York Law Journal named Atif as one of the top 42 attorneys under the age of 40 in New York City. In 2017, Atif was named one of the top eleven attorneys nationwide under the age of 40 by the Minority Corporate Counsel Association. In 2017, Atif was also recognized as one of five national “Rising Stars” in intellectual property by Law360.

Atif co-chairs the Firm’s Diversity and Inclusion Committee and sits on its Recruiting, Associate Review and Pro Bono Management Committees. He oversees the Pro Bono program for the Firm’s New York office.


Representative Matters

Representative Commercial Litigation Matters

  • For New Silk Route, the largest Indian private equity fund, and its managing director, defending claims brought by a disgruntled minority investor in NY state court. Defeated preliminary injunction brought by board member Rajat Gupta and secured dismissal of his claim.

  • For Dow, defended claim to compel its $15B 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 the estate of Morgan Stanley Resorts, defended $350M+ contract claims brought by Hilton. After five-day bench trial, the court rejected Hilton claims.

  • For Morgan Stanley, successfully defended various investor claims in arbitrations and regulatory proceedings.

  • For IMG, defended $250M+ mass action fraud and consumer misrepresentation claim related to unsuccessful real estate project. Won summary judgment.

  • For IBM, defended $40M+ contract and fraud suit related to enterprise resource planning software. Plaintiff dropped claim while dismissal was pending.

  • For Sun Pharmaceuticals, defending $10B antitrust suit alleging fraud on the Food & Drug Administration for Diovan and Valcyte generic drug applications.

  • For Welspun, the world’s largest textile maker, defending multiple consumer class actions alleging misrepresentations of its Egyptian cotton products.

  • For United Airlines, defending suit surrounding possible acquisition of Avianca Airlines.

  • For Teva, defended product liability suit involving its quinine drug. Matter settled favorably while Louisiana Supreme Court was deciding interlocutory appeal of summary judgment decision.

  • For Expedia, defended various state and federal regulatory investigations. No claims filed against Expedia.

Representative Intellectual Property Litigation Matters

  • For Bridgewater, successfully asserted Lanham Act claim against ex-employees pursuing competing venture.

  • For Honeywell, sued competitors on aviation patent portfolio related to FAA safety mandate. Won jury trial of infringement; Won bench trial defeating claims of unfair competition and patent invalidity.

  • For Compass, defended multiple suits brought by competitors alleging trade secret misappropriation. Defeated preliminary injunction motions in three separate suits.

  • For Hotels.com, defended infringement suit related to online location searching patents. Secured successful claim construction, summary judgment of license and non-infringement and successfully dismissed plaintiff appeal.

  • For Autoliv, defended inventorship challenge brought by competitor directed at 20 of its airbag patents. Prevailed in arbitration.

  • For Hotels.com, defended infringement suit related to online location searching patents. Secured successful claim construction, summary judgment of license and non-infringement and successfully dismissed plaintiff appeal.

  • For Honeywell, sued ex-employee and ex-customer who collaborated to launch competing enterprise. Matter favorably resolved while motion to dispose of all defenses was pending.

  • For Cigna, defended multiple infringement suits, including assertions of online encryption and insurance patents directed at core business. Matters settled after discovery established patent exhaustion, license and prior use defenses.

  • For Travelocity, defended infringement claims related to location searching and mapping patents. Matter settled while summary judgment motion pending.

  • For Pfizer, defended breach of contract claim arising out of patent license. Matter resolved after pursuing validity challenge of underlying patent.

  • For Honeywell, sued competitor on navigation sensor patent. Defendant exited market after motion for preliminary injunction filed.


Other Distinctions

  • Recipient, Kirkland & Ellis Pro Bono Service Award, 2006–17

  • Steering Committee, The American Lawyer New Partner Forum

  • Recipient, Multicultural Leadership Award, National Diversity Council, 2014

  • Fellow, Leadership Council on Legal Diversity, 2015

  • Named a “Rising Star” by the New York Law Journal, 2016

  • Named a “Rising Star” by the Minority Corporate Counsel Association, 2017

  • Named one of five “Rising Stars” in Intellectual Property, Law360, 2017


Courts

United States Circuit Court of Appeals for the Federal Circuit

United States Circuit Court of Appeals for the First Circuit

United States Circuit Court of Appeals for the Second Circuit

United States District Court for the Eastern District of New York

United States District Court for the Southern District of New York

© 2017 Kirkland & Ellis LLP