They’ve Got Next : The 40 Under 40 - Greg Dubinsky of Holwell Shuster & Goldberg

Greg Dubinsky

Age: 39

Law Firm: Holwell Shuster & Goldberg

Practice Area: Litigation

Title: Partner

Location: New York

Law School: Yale Law School

Please describe two of your most substantial, recent wins in practice.

I was proud to be on the team that took a $700 million antitrust case to trial—and walked away with a great result. I oversaw the damages component of the trial, in which we represented a plaintiff company controlled by the legendary investor Ron Perelman that competed in the market for “in-store promotions” against News Corp. After a three-week trial in the Southern District of New York, the case settled favorably during jury deliberations.

Antitrust continues to be a significant part of my practice, and I recently scored a win for the National Basketball Association in the first antitrust litigation the league had faced in a decade. But as a generalist, I find myself working in various pockets of the law—sometimes novel ones.

Of late, I have won cases brought under the Video Privacy Protection Act, a 1988 law drafted to prevent the disclosure of consumers’ video rental histories (when Blockbusters were still a thing). Now plaintiffs are applying it to online videos, and the cases raise significant First Amendment and data privacy issues. I have gotten class actions dismissed against both the media company Rumble and also IBM, in a case about the Weather Channel website.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

In my first job after graduating—clerking for Judge Feinerman in the Northern District of Illinois in Chicago—I learned a valuable lesson about the importance of answering the precise question asked. During a trial, the judge wanted me to research what the law held on an evidentiary question that had been raised, and I responded—in a stereotypically academic YLS fashion—by trying to work backwards from broad principles.

But Judge Feinerman kindly clarified that he wanted to know what the Seventh Circuit had held on the exact issue. The moment imparted a simple but lasting lesson—precision is a sine qua non in the law. I remind associates that when we bring a case, we are building a house. We must lay each brick carefully, or you’ll find years later that you’ve built your house on a shoddy foundation!

How do you define success in your practice?

Lawyers typically define success as achieving the best outcome possible for a client, or sometimes as achieving the business goals of the client. I wouldn’t disagree, but I think we also have a responsibility to help our clients think about, and determine, what the “best outcome” or “business goal” they are pursuing in any given case can, or should, be. That calls for creativity and can open options and solutions that take clients on different but highly productive paths.

What are you most proud of as a lawyer?

I represented a victim of sexual assault in prison and secured reversal in the Ninth Circuit of the dismissal of her claims. When that decision came down, my client told me something I’ll never forget: “This makes me feel like justice is alive.” The feeling my client conveyed—that justice is alive for her—helps drive me in seeking justice for others.

Who is your greatest mentor in the law and what have they taught you?

Justice Kennedy instilled in me and my fellow clerks the understanding that constitutional liberty does not reside in our DNA—we need to learn and teach others the critical importance of our constitutional freedoms and checks and balances. Justice Kennedy noted that every generation must relearn those lessons, and that we all play our part in upholding our ideals.

On a more personal note, “the boss” (as we affectionately called him) also embodied the ideal that one can work at the highest levels of the legal profession and grapple with the most difficult legal questions while maintaining warm collegiality. I think of one Friday evening during a busy period, when I was on the phone with Justice Kennedy and asked him if anything more needed to be done that night. He told us that he wanted the clerks to leave and have a relaxing evening. The incident underscored for me how important it is to treat one’s colleagues with the collegiality and respect that Justice Kennedy modeled.

Tell us your two favorite songs on your summer music playlist.

I’m a fan of electronic music, especially when I’m working or at the gym. “Alive” by Rüfüs du Sol has a polished, emotional energy that’s both uplifting and calming—it helps me focus without fading into the background. I’ve also been into “Stayinit” by Fred Again.., Lil Yachty & Overmono; the beat drop and deep bass make it perfect for powering through a workout—or a brief.

Greg Dubinsky of Holwell Shuster & Goldberg on a safari in Tanzania.

Photo illustration by Jonathan Hurtarte/Bloomberg Law; Photo courtesy of Greg Dubinsky