Vivek Tata

Vivek Tata is a founding partner and the General Counsel of Elsberg Baker & Maruri.

Vivek has tried cases in federal and state courts and has litigated before AAA, JAMS, CPR, and FINRA panels. Vivek’s practice includes counseling investors, investment funds, startups, large companies and individuals on both sides of the “v.”

Vivek was recently recognized in Benchmark Litigation’s 2024 40 & Under list. Each year, this list recognizes the nation’s foremost up and coming litigators. Vivek has been ranked in the Best Lawyers 2025 and 2024 lists of “Ones to Watch” in the commercial and securities litigation categories. In 2022, Vivek was selected for the Leadership Council on Legal Diversity’s (LCLD) Pathfinder Program, designed to help high-performing, early-career lawyers cultivate leadership skills and successfully develop their careers.

Vivek earned his J.D. from Stanford Law School, where he was a Senior Editor of the Stanford Law & Policy Review. He served as a law clerk to the Honorable Kiyo A. Matsumoto of the United States District Court for the Eastern District of New York. Before law school, Vivek worked at Google, managing payments and retail search products across international markets.

‍Representative Matters

• Won complete dismissal of all counts for Sol Goldman Investments, LLC (“SGI”) in a dispute over contractual put rights. The plaintiffs, who hold interests in SGI, sought to sell interests back to the company based on a valuation determined by a contractually mandated appraisal process. Unhappy with the $1.8 billion value ascribed to the company, the plaintiffs sued claiming SGI breached its own operating agreement. The Commercial Division granted SGI’s motion to dismiss, rejecting the plaintiffs’ argument that the company must be bound by its own operating agreement even though the company was not a signatory to it.
• Represented the former stockholders of the robotic medical devices company Auris Health against Johnson & Johnson in a ten-day trial in the Delaware Court of Chancery earn-out dispute centered around Johnson & Johnson’s post-merger failures to achieve regulatory and net-sales milestones, resulting in a verdict of over $1 billion for breach of contract and fraud.
• Represented foreign representatives of several funds in liquidation abroad in Chapter 15 proceedings in Bankruptcy Court for the Southern District of New York, and before the U.S. District Court on appeal, asserting foreign avoidance, common law, and breach of contract claims, seeking to recover about $6 billion in redemption payments from hundreds of entities arising out of the Madoff scheme.
• Defended a major energy company against a claim seeking up to $1 billion, obtaining an award in client’s favor after an eight-day confidential arbitration hearing.
• Represented Bausch Health, a multinational pharmaceutical company, and one of its subsidiaries, Salix, in a contract dispute with the former CEO of Salix over the termination of her unvested equity awards.
• Served as counsel of record in the United States Supreme Court for amici curiae state and local organizations in PennEast Pipeline Co. v. New Jersey.