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Paul S. Mishkin


Broad practice encompassing antitrust and other civil litigation, regulatory matters and investigations. Litigates class actions and other complex commercial matters.

Paul has a diverse practice encompassing antitrust and other civil litigation, regulatory matters and investigations. His civil litigation practice includes high-stakes antitrust class actions and other complex commercial litigation, including Antiterrorism Act, False Claims Act, consumer protection and securities cases. His regulatory and investigation experience includes internal investigations and external-facing matters, including with SEC, FINRA and DOJ. He counts major financial institutions, pharmaceutical companies, technology firms and other corporations among his clients.

Benchmark Litigation has named Paul to its national “Under 40 Hot List” and recognizes him as a “Star” in New York.

Experience highlights

  • Various benchmark rate and financial product antitrust litigation matters for major financial institutions, including as defense group liaison counsel in an ongoing multidistrict litigation alleging a conspiracy to manipulate LIBOR rates; successfully argued motions on behalf of defense group, including defeat of class certification of nationwide lender class alleging reduced interest payments due to alleged LIBOR suppression
  • Representation of company in DOJ False Claims Act investigation and parallel qui tam civil lawsuit
  • High profile operations investigation matter for major financial institution as lead internal investigation partner and Davis Polk representative before the institution’s Board of Directors and senior management, as well as numerous other investigation and enforcement actions, including SEC and FINRA matters involving RMBS bond trading and broker-dealer/investment advisory rules
  • Dismissal with prejudice for General Dynamics Information Technology in class action alleging violations of the Telephone Consumer Protection Act, upheld on appeal
  • Victories for Morgan Stanley in lawsuits brought across the country by fund managers, insurance companies, and other investors based on purchases of RMBS and other instruments, including lead defense group roles in:
    • Dismissal with prejudice of lawsuit filed by Town North Bank in response to motion for interlocutory appeal
    • Dismissal with prejudice of qui tam litigation seeking potentially billions of dollars in damages as measured by the costs incurred by Chicago and Illinois as a result of the financial crisis
  • Representation of Pinnacle Airlines Corp. in connection with Chapter 11 cases filed in SDNY; served as co-trial counsel in successful multi-day Section 1113 trial
  • Defeat of class certification for major pharmaceutical company in nationwide consumer fraud action alleging improper promotion of a prescription drug
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Benchmark Litigation – United States and New York, Star

J.D., Harvard Law School
  • cum laude
  • Member, Harvard Law Review
B.A., Economics and Mathematics, Yale University
  • magna cum laude
Professional history
  • Davis Polk since 2006
  • Associate, Wachtell, Lipton, Rosen & Katz, 2004-2006
Qualifications and admissions
  • State of New York
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York
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