United States > Litigation
Overview
The international arbitration market has seen a steady increase in disputes, evidenced by the number of cases registered at the International Centre for the Settlement of Investment Disputes (ICSID). Regionally, the focus remains on Latin America. Firms are noticing a rise in technology-related disputes, including patent and licensing work, alongside more traditional sectors such as energy, telecoms and infrastructure. Credit is given to practices which represent a variety of clients such as sovereigns, multinational corporations and investors, and have a strong reputation in the field and a commitment to growth.
The international trade section looks at firms with a solid track record in trade litigation and export controls, and also focuses on teams that have successfully developed significant expertise in CFIUS rules on foreign direct investment, the US Foreign Corrupt Practices Act and OFAC sanctions. The recent shift in the international trade landscape has been driven by the rising number of economic sanctions imposed on countries in Africa and the Middle East, in addition to the US government’s stricter enforcement of US export control rules such as the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Leading teams in the area of export controls and economic sanctions have a diverse client roster of defense, technology and pharmaceutical companies.
As China passed its tenth year in the World Trade Organization, it remains the world’s largest exporter and is a key driver of international trade disputes and market access-related work for many law firms. A number of leading firms are heavily involved in US-China litigation involving the dumping of Chinese-produced steel products and solar cells. 2011 also saw the approval of three free trade agreements (FTAs) with South Korea, Colombia and Panama, which will play to the strengths of firms with a strong presence in Korea and Latin America. The leading firms on the trade policy side have a stronghold in Washington as well as a number of practitioners with experience in trade institutions and government agencies, including the Office of the United States Trade Representative and the WTO.
The leading trial lawyers section ranks individuals who have established truly outstanding reputations. Those who are included can illustrate superb track records, and have tried many cases. They also have exceptionally high-profile work to their names. Since the chapter takes a long view of these lawyers’ careers, the rankings are relatively stable, although some of the lawyers on the list are in the twilight of their careers and trying fewer cases than before. Meanwhile, there is a trend of upward mobility among IP lawyers, as this sector becomes increasingly litigious. Another tendency is towards involvement in landmark environmental litigation, in which some of the names on this list are already highly active.
The decision in Dukes v Wal-Mart, a labor and employment case in which the US Supreme Court denied class certification after determining that the plaintiff group did not have enough in common was touted as one of the most significant cases in the class action arena to date. Many saw the judgment as a substantial blow to plaintiffs seeking class certification with possible application well beyond the confines of labor law. However, owing to what some have deemed to be a narrow interpretation, judges in some subsequent cases have argued that the Wal-Mart case does not apply to a given case. Securities litigation is one such area, where the Wal-Mart decision is being cited with more frequency in an attempt to prevent class certification as more and more investors bring actions against financial institutions for allegedly having misled them in certain investments, such as residential mortgage-backed securities. Firms recommended in these tables have a proven track record of success in complex litigation in the practice area under discussion, but often also in other fields of litigation. For example, several firms that made their reputations in asbestos or tobacco litigation have now graduated their practices into pharmaceutical product liability or securities-related actions. The greatest weight is accorded to firms that are regularly selected to take lead counsel roles in litigation, or which serve on plaintiffs’ steering committees or act as liaison counsel.
The US remains the most litigious country in the world and product liability remains, as ever, an active area. The product liability and mass tort defense sections are divided according to industry sector, with the firms’ aviation practices separated from general automotive and wider transport coverage due to the highly specialized nature of the work. This area of the market is arguably shrinking due to increased air safety measures (the past ten years have been the safest on record) but the major players listed here continue to be busy with ongoing litigation arising from major accidents as well as non-accident claims. Tobacco litigation, covered under the wider umbrella of consumer products, has also been somewhat diminished compared with its peak but continues to rumble on. Asbestos litigation, included in the toxic torts section, continues to be a prominent source of work that shows no sign of abating. One of the key issues for lawyers in the pharmaceuticals arena was the Supreme Court’s Mensing decision, which defeated efforts to hold generic drug manufacturers to the same safety standards as brand names by ruling that federal regulations do pre-empt state tort liability for failure to warn claims against the manufacturers of generic drugs. A growing number of firms are developing a niche in e-discovery advice.
Undoubtedly, financial services litigation post-2008 (including subprime and Madoff-related cases) continues to be the most active area for firms handling securities: shareholder litigation, although merger clearance litigation generally is also on the rise as shareholders look to put additional pressure on transactions to try to take financial advantage of regulatory reforms. Among the new developments that firms are gearing up for is the expected onslaught of litigation involving US-listed Chinese entities; firms are already recording an uptick in instructions and this type of work is expected to dominate caseload in 2012. In an ongoing trend, firms continue to ramp up their enforcement capability to keep on top of the new regulatory scrutiny aimed towards their clients.
Weighting in this table is given to firms with the capacity to handle the full array of instructions, whether it is from issuers, underwriters, directors, accountants or officers. Many of these practices ranked in this table have significant white-collar and SEC capabilities due to the close ties between private litigation and SEC investigations, however, we do have different rankings to address competence in the area of white-collar criminal defense (as well as other related disciplines).
The firms in the Supreme Court and appellate section are ranked in two separate tables with one accompanying text. One table assesses practices before the US Supreme Court, the domain of a small number of qualified specialists wherein the bulk of instructions are given to a group of seasoned practitioners. Credit is given to firms for work on amicus curiae briefs, but greater weight is given to representations on behalf of petitioners or respondents, particularly if the cases are precedent-setting or of industry-wide importance. The second table ranks appellate practices according to the quality and depth of work at federal and state appellate level, as well as state supreme courts. Some appellate practices are part of larger litigation departments, and handle the firm’s appellate work without professing standalone appellate capability; others are go-to specialists that may be brought in for appeals having not handled the original trial. A number of firms are ranked in both tables, in which case the firm’s coverage in the text will appear in the higher of its two ranking positions.
Choosing a firm in trade secrets involves consideration of whether the trade secret is falls into the category of intellectual property, and if so whether it is licensable; whether it will be covered by the Uniform Trade Secrets Act which is now adopted by all but four states; whether it is a highly complex piece of technology; whether it is covered by a non-compete or restrictive covenant in an employment contract; and whether it is in need of pre-emptive protection or whether immediate injunctive steps need to be taken to prevent its loss. Trade secrets fall in the intersection between IP, antitrust and employment and labor law; listed firms excel in one or several of these areas. Whereas high levels of employee movement up to two years ago called for specialists in the employment aspects of trade secret protection, companies are now focusing on the need to protect their valuable proprietary information from espionage by competitors in company to company action over IP-type rights, where technical knowledge can bring advantages for the advisor.
White-collar criminal defense and SEC enforcement continues apace off the back of the economic downturn. Particular scrutiny has been placed on the financial services industry with political pressure being wielded to bring about indictments against companies and individuals across a range of offences including insider-trading, matters related to CDOs, the credit ratings agencies and bonus payments. A raft of new legislation, most notably the Dodd-Frank Act, also provided federal law enforcement with additional tools to use in investigating cases arising within the financial services industry. Healthcare is another regulated industry which has had ever more scrutiny placed upon it, most notably in relation to off-label marketing.
The best white-collar practices can handle the spectrum of corporate crimes including fraud, bribery and embezzlement. In addition, as a result of the increased internationalization of the white-collar arena, particularly for cartel and FCPA matters, weight is also given to a practice’s ability to resource multi-jurisdictional matters. Often matters will proceed on numerous fronts, for example, it is not at all unusual to see an SEC and DOJ investigation proceeding, as well as a congressional inquiry and a civil class action, therefore, it is essential that firms are effectively able to resource such mandates. Similarly important is a group’s ability to tap into the substantive expertise of other complementary areas of law practised by the firm. This is often particularly starkly brought into focus in relation to cases involving highly complex securities fraud, where the input of a firm’s capital markets practice can prove invaluable. Some of the smaller firms in the rankings, who cannot leverage off an institutional corporate client base, have more of a focus on acting for high-ranking individuals in the defense of corporate crimes. These firms will be often be more likely to try cases, since the stakes for corporates are so high as to preclude many of these from risking losing at trial. The main hubs of activity are on the East and West Coasts, in particular California and New York. Given its closeness to the regulatory agencies, Washington DC is also of great importance, particularly for SEC enforcement.
International arbitration
Index of tables
International arbitration
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1
- Debevoise & Plimpton
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Freshfields Bruckhaus Deringer LLP - King & Spalding LLP
- White & Case LLP
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2
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Covington & Burling LLP - Hughes Hubbard & Reed LLP
- Sidley Austin LLP
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Skadden, Arps, Slate, Meagher & Flom LLP
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3
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Arnold & Porter LLP - Baker & McKenzie
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Baker Botts L.L.P. - Cleary Gottlieb Steen & Hamilton LLP
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Fulbright & Jaworski LLP -
Shearman & Sterling LLP -
Simpson Thacher & Bartlett LLP - Sullivan & Cromwell LLP
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- Chadbourne & Parke LLP
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Chaffetz Lindsey LLP - Curtis, Mallet-Prevost, Colt & Mosle LLP
- Fried, Frank, Harris, Shriver & Jacobson LLP
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Gibson Dunn - Latham & Watkins LLP
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Paul Hastings LLP -
WilmerHale
Leading lawyers
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- Guillermo Aguilar-Alvarez - King & Spalding LLP
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C Mark Baker -
Fulbright & Jaworski LLP - R Doak Bishop - King & Spalding LLP
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Nigel Blackaby -
Freshfields Bruckhaus Deringer LLP - John Bowman - King & Spalding LLP
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James Carter -
WilmerHale - Abby Cohen Smutny - White & Case LLP
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Paolo Di Rosa -
Arnold & Porter LLP - Donald Donovan - Debevoise & Plimpton
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Oscar Garibaldi -
Covington & Burling LLP - Paul Friedland - White & Case LLP
- Joseph Neuhaus - Sullivan & Cromwell LLP
- Elliot Polebaum - Fried, Frank, Harris, Shriver & Jacobson LLP
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Lucy Reed -
Freshfields Bruckhaus Deringer LLP - David W Rivkin - Debevoise & Plimpton
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Jonathan Schiller -
Boies, Schiller & Flexner LLP - John Townsend - Hughes Hubbard & Reed LLP
Debevoise & Plimpton is ‘extremely skilled in international arbitration’, and maintains a strong reputation as a leader in the field; ‘the work is of consistently high quality, carefully thought out, and persuasively presented’. The firm is one of few to combine investment treaty arbitration, general commercial dispute resolution and public international law, with experience in a wide range of arbitral forums. These include the International Court of Arbitration of the International Chamber of Commerce (ICC), the International Centre for the Settlement of Investment Disputes (ICSID), the London Court of International Arbitration (LCIA) and the American Arbitration Association (AAA). The firm continues to represent Occidental in an ICSID arbitration against Ecuador, in claims filed after Ecuador terminated the client’s exploration and production rights and seized all of its assets in the country; the claim is for more than $3bn in damages for expropriation and other treaty and contract claims. The firm is also assisting Perenco Ecuador in an ICSID claim for nearly $1bn against Ecuador, which has proceeded to a merits hearing. On the commercial side, the firm acted for a tire manufacturing company in a series of disputes, including a successful $20m International Centre for Dispute Resolution (ICDR) arbitration over a contract to provide tires for a mining equipment manufacturer. Within the ‘very committed and talented’ team, co-chairs Donald Donovan and David Rivkin are ‘leading practitioners’ in the field, and are ‘recommended without reservation’. Catherine Amirfar also stands out as ‘an exceptional advocate’, alongside the ‘extremely knowledgeable’ Mark Friedman.
The large, ‘market-leading practice’ at Freshfields Bruckhaus Deringer LLP focuses both on large commercial disputes and on investment treaty arbitration, with particular sector strength in energy and construction, and regional expertise in Latin America. The group is praised for its ‘immediate’ response time and ‘exemplary’ service, and is ‘consistently responsive and knowledgeable from partner down to the least-experienced associate’. The team is representing the Republic of Guatemala in an ICSID claim brought by a US company pursuant to the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA); the $285m claim centers on oil investment blocks in Ecuador, with an earlier jurisdictional decision having limited the claim to expropriation. Other work includes acting for Crystallex International in an investment treaty claim against Venezuela involving one of the largest untapped gold mines in the world; the claim, valued at $3.8bn, is brought under the ICSID Additional Facility and the Canadian/Venezuela bilateral investment treaty (BIT) in relation to the expropriation of its investment. The group is also acting for Burlington Resources, a subsidiary of ConocoPhillips, in an ICSID hearing against Ecuador; the cumulative value of claims and counterclaims in the case exceeds $1bn. Other clients include Total, National Grid, Tiffany & Co, and CMS Energy. Nigel Blackaby is ‘acknowledged to be the leader in the field’; he is ‘always ready to tackle difficult issues’, and ‘his expertise and understanding are second to none’. Global co-head Lucy Reed is also recommended and is highly regarded by peers.
Historically strong in oil and gas, King & Spalding LLP has expanded its ‘premier’ arbitration practice to encompass areas including construction, IP, pharmaceuticals, chemicals and biotechnology disputes. A ‘large and experienced practice’, it undertakes both investment treaty work and major commercial disputes, counting three sovereign states on its impressive client list. This includes the Republic of Senegal, for which the firm acted in an ICSID case brought by Millicom and Sentel under the Netherlands-Senegal bilateral investment treaty and a contract respectively. In August 2011, the firm achieved a significant victory for Chevron in a second arbitration against Ecuador, concerning delays in ruling on seven cases filed between 1991 and 1993; the tribunal, administered by the Permanent Court of Arbitration in The Hague, found that Ecuador’s courts violated international law through their significant delays in ruling, and the final award was $96m. The ‘very knowledgeable and professional’ team is also representing Renco in an arbitration under United Nations Commission on International Trade Law (UNCITRAL) rules; the amount in dispute is approximately $800m, and the case involves claims by Renco that Peru violated provisions of the 2009 United States-Peru Trade Promotion Agreement and promises made under a stock transfer agreement, including issues of environmental impact and third party indemnification. Other clients include Coca-Cola, ConocoPhillips and ExxonMobil. Co-heads of the practice Doak Bishop and Edward Kehoe, based in Houston and New York respectively, are highly regarded by peers. Guillermo Aguilar-Alvarez and John Bowman are also recommended.
‘Very deep in international arbitration matters’, White & Case LLP is one of few firms to have represented both investors and sovereigns in cases relating to investment treaties and international law. Its sector experience includes energy, oil and gas, mining, construction, financial services, transportation, and telecoms. The firm is representing Gold Reserve, a Canadian mining company, in a $2bn ICSID arbitration against Venezuela, concerning the alleged expropriation of a large undeveloped gold and copper mine. The team also continues to act in various disputes for the Republic of Peru, including a case brought by alleged Argentine investors under the Argentina-Peru bilateral investment treaty, valued at $81m, and a newly registered $250m ICSID arbitration brought by a concessionaire and alleged English investors over the development of a port. Other highlights included continued representation of tens of thousands of Italian holders of Argentine bonds in Abaclat and Others v Argentina; this is a $1.3bn ICSID arbitration under the Argentina-Italy BIT: in August 2011 the tribunal issued a decision establishing jurisdiction over the claims, allowing the continuation of the first mass-claim in investment arbitration history. Other clients include Oil Insurance, TECO Energy, the Republic of Bulgaria, and the Republic of the Philippines. The team is praised for its ‘excellent’ service; Paul Friedland in New York is regarded as ‘simply the best’, and Carolyn Lamm and Abby Cohen Smutny are also names to note.
The ‘unsurpassed’ practice at Covington & Burling LLP is praised as a ‘leader in international arbitration involving sovereigns’. It covers both investment treaty arbitration and commercial disputes, and has particular strength in the energy, mining and insurance sectors, and a regional focus on Latin America. It continues to represent ExxonMobil in both ICSID and ICC disputes. The first concerns Venezuela’s alleged uncompensated expropriation of the client’s investments under the Netherlands-Venezuela bilateral investment treaty, and has proceeded to the merits. The second case involves a claim for breach of the respondent’s obligation to indemnify the claimant in the event of expropriation of the client’s investment. In October 2011 the team also undertook a merits hearing for Rovime Inversiones et al v Russian Federation, the Yukos test case brought by Spanish investors under the Spain-Russia Bilateral Investment Treaty, involving claims worth approximately $10bn. Other clients include Occidental Petroleum Corporation, Tidewater, and LG&E Energy Corporation. The team is praised as ‘smart, well organized, savvy and professional’, with an ‘exemplary’ level of service. Oscar Garibaldi and Thomas Johnson are recommended as ‘lawyers of exceptional ability, judgement, and efficiency’, and newly promoted partner Miguel López Forastier is ‘smart, detail oriented, patient and thorough’.
Praised for the ‘depth of its bench’, Hughes Hubbard & Reed LLP has experience in a broad range of areas, including investment, construction and engineering, pharmaceuticals, and oil and gas disputes. Clients include the Kingdom of Bahrain, the Republic of Lithuania, and RosInvestCo UK, a minority Yukos stockholder. In 2011 the team represented a leading Turkish company for oil exploration and development in an ICSID arbitration against the Republic of Kazakhstan, concerning hundreds of millions of dollars of investments made in the oil and gas sector of Kazakhstan from the 1990s, and involving a variety of public international law claims. Another client is the government of Canada, which the firm is acting for in an LCIA arbitration brought by the US under the 2006 Softwood Lumber Agreement; in the arbitration, the US alleges that measures taken by the Province of British Colombia in administering Crown forestlands amount to circumvention of the SLA, seeking $500m in remedies. On the commercial side, the team is representing Forest Laboratories in the prosecution of an AAA arbitration involving the licensing of a human labor induction drug. The team includes ‘world-class practitioners’, with John Townsend recommended as a ‘peerless litigator whose knowledge of the people and process of international commercial arbitration is unsurpassed’. John Fellas is highly regarded by peers.
Despite the departure of Daniel Price in June 2011, Sidley Austin LLP is considered ‘one of the best’, with ‘proven expertise’ in investor-state work. With a strong reputation in international trade matters, the firm represents both multinational companies and governments in all major arbitral institutions, with added experience in ad hoc proceedings under UNCITRAL and ICSID Additional Facility rules. Recent highlights include acting for the Republic of Peru in three separate cases, including acting in Renée Rose Levy de Levi and Gremcitel SA v Republic of Peru: a claim for more than $2.5bn concerning coastal property purchased for development in Peru by the claimants. The firm also represented Costa Rica in a dispute brought by German investors under the Costa Rica-Germany BIT, the investors claiming that measures adopted by the Republic of Costa Rica to protect the nearly extinct baula (leatherback) sea turtle constitute breaches of the treaty. On the investor side, the group acted for a Dutch investor in the Slovak health insurance market against the Slovak Republic under UNCITRAL rules; the case centered on changes in Slovak laws which prevented health insurance companies from operating on a for-profit basis. The firm’s experience extends to large commercial cases; recent work includes acting in several large arbitrations for affiliates of United Company Rusal. The team is praised for its ‘excellent service’; Stanimir Alexandrov is ‘superb’: ‘an outstanding speaker’ and ‘a superb strategist’. Jennifer Haworth McCandless and Marinn Carlson are also recommended.
Skadden, Arps, Slate, Meagher & Flom LLP represents corporations and sovereigns in large commercial arbitrations and international treaty disputes, advising in relation to expropriation and unfair treatment under international agreements, including free trade agreements, bilateral investment treaties and the Energy Charter Treaty. It has experience acting for clients across the energy, mining, oil and gas, construction, manufacturing and insurance sectors. The firm recently obtained a favorable settlement for a leading US pharmaceuticals company in a $100m ad hoc arbitration against one of its excess liability insurers; the claim concerned a denial of coverage for expenses and damages arising out of mass tort litigation in the US in relation to the marketing and use of a pharmaceutical product. Other highlights included winning a jurisdictional ruling in the group’s representation of two Netherlands affiliates of the CEMEX group in an ICSID arbitration; this case involves claims of over $1.4bn and relates to Venezuela’s 2008 alleged expropriation of a major cement company in breach of the Netherlands-Venezuela bilateral investment treaty. Recent work also includes acting for Greek/Israeli investors in an ICSID proceeding brought by Georgia, seeking revision of a $100m award, based on allegations of bribery in connection with a 1993 oil pipeline concession; the tribunal rejected Georgia’s application for stay of the award pending the determination of the revision hearing. Clients praise the firm as ‘the very best’, with ‘deep experience’; they are ‘always on top of making the best strategic decisions’. Co-chair John Gardiner is recommended as ‘an experienced arbitrator who brings invaluable insights’.
Chaired by Paolo Di Rosa in the Washington office, Arnold & Porter LLP has a wealth of experience in investor-state matters, in particular representing Latin American states. Sector expertise includes energy, mining, natural resources, public utilities and infrastructure. The team recently represented the Republic of Hungary in an ICSID dispute under the Energy Charter Treaty, arising from Hungary’s efforts to restructure its electric power sector in light of its accession to the European Union; the case is valued at $700m and involves four separate claims. The practice also represented Electricité de France (EDF) in two investment treaty arbitrations against Argentina, involving claims of $1.4bn and $260m respectively; the cases involve the defense of necessity under public international law. On the commercial side, the firm is acting for the Dominican Republic in an ICC arbitration involving a highway concession dispute with more than $400m at stake in claims and counterclaims; and is also instructed in other investment treaty arbitrations relating to the same highway concession pursuant to arbitration provisions of CAFTA and the Spain-Dominican Republic BIT.
Baker & McKenzie has significant experience in high-end commercial matters, and continues to develop its investor-state expertise in emerging jurisdictions such as Russia, Brazil, China and Turkey. Recent work includes acting for Petrobras, the Brazilian state-owned oil company, in an ad hoc arbitration under UNCITRAL rules against KBR, concerning one of the largest offshore engineering, construction and procurement projects ever undertaken in Brazil; in September 2011 the tribunal found that KBR was liable for breach of contract and awarded Petrobras $200m in damages and arbitration costs. The team also represented Longreef in a $500m investment dispute regarding a claim for expropriation under the Venezuela-Netherlands bilateral investment treaty. In the energy and renewables sector, the group is representing Voith Siemens Hydro Power Generation in a contract dispute and ICC arbitration in Mexico City regarding a contract for the provision of turbines to a major hydroelectric project in Guatemala. Clients include Papua New Guinea and TolTest. Grant Hanessian leads the ‘very commercial and sensible’ team from the New York office, and Laurence Newman is highly regarded by peers.
Baker Botts L.L.P. undertakes work in a wide range of sectors, with particular experience in energy disputes. The firm is equally active in treaty arbitration and commercial disputes, acting for claimants and respondents. The team is praised as ‘highly professional and competent, client friendly, hardworking and very proficient’, with the ‘political sophistication to work with officials in other countries’. The firm continues to act for the Russian Federation in multiple proceedings relating to Yukos Oil; in 2011 the firm participated in the defense of what is reportedly the largest arbitration claim ever, valued at $102bn. The cases, brought under the Energy Charter Treaty by majority shareholders in Yukos Oil Company, are for alleged expropriation leading to Yukos’ bankruptcy and dissolution. Other highlights included representing one of the largest independent oil and gas producers in the US in a dispute concerning the operations of an ammonia plant; in January 2011 the ICC tribunal rendered an award entirely in the client’s favor. Co-chair Michael Goldberg ‘has achieved remarkable success’ and ‘has the unique ability to inspire confidence in the client’.
Cleary Gottlieb Steen & Hamilton LLP represents sovereigns and investors in both treaty and commercial arbitration. Recent work highlights include acting for the Republic of Argentina in the defense of claims brought by Italian bondholders of Argentinean shares; this is an ICSID claim under the Argentina-Italy bilateral investment treaty, novel as an attempt to pursue a mass claim in a single proceeding. The team is also representing the Russian Federation in three parallel arbitrations under UNCITRAL rules in The Hague by former majority shareholders of Yukos; the case alleges unfair treatment and expropriation in violation of the Energy Charter Treaty, with damages valued at more than $100bn. On the commercial side, the firm in 2011 acted for Citigroup Financial Products before the ICC, in a dispute concerning the 2005 purchase of a $2bn portfolio of German loans which was successfully argued to be overvalued due to inaccurate data. Clients praise the team as ‘responsive, capable, sophisticated, flexible and strong’; Howard Zelbo and Jeffrey Rosenthal are recommended.
Based in Houston, Fulbright & Jaworski LLP has core expertise in the oil and gas and energy sectors. Clients include Total SA Nejapa Power Corporation, Yukos Oil Company and El Paso Corporation. The practice has previously represented Duke Energy in a dispute with Ecuador over energy generation; the tribunal found breaches of power purchase agreements, as well as violations of two obligations in the US-Ecuador BIT, and awarded the company $5.5m in damages. The team has also been representing a chemical manufacturing company in an ICC arbitration regarding a joint venture in the Middle East for the manufacture of certain chemicals. Mark Baker is the key contact; his track record includes representing a multinational energy company in three UNCITRAL arbitrations against the El Salvador governmental energy agency regarding long-term electric power purchase agreements.
The core focus of Shearman & Sterling LLP’s international arbitration practice remains major commercial work with a focus on disputes relating to the chemicals, natural resources, and financial sectors. The firm is also undertaking international treaty arbitration, particularly in cases involving expropriation, stabilization provisions and discriminatory treatment. Key highlights for 2011 included representing Dow Chemical in an ICC arbitration in London against Petroleum Industries arising out of a failed joint venture in the first quarter of the financial crisis; the case is valued at over $5.1bn. The firm also represents three European chemicals companies in four ICC arbitrations in Paris and Geneva against the European subsidiaries of a large US chemical concern; the dispute arose from a joint venture agreement formed to manufacture a chemical intermediate, and the amount in dispute is over $1bn. Jonathan Greenblatt, Henry Weisburg and Christopher Ryan are the names to note.
Simpson Thacher & Bartlett LLP has particular experience in insurance-related disputes, and is praised for its ‘excellent service level, response times and business acumen’. Recent work includes acting for a foreign pharmaceuticals manufacturer in an ICC arbitration arising from a cross-border licensing dispute with a US manufacturer, in which the amount in dispute is approximately $500m. The practice also acted for MatlinPatterson in challenging the enforcement of an arbitral award rendered against it in Brazil for $55m – the award is being challenged under the New York Convention on grounds including lack of jurisdiction and due process violations; and successfully represented a leading Greek pharmaceuticals company in connection with fraud and breach of contract claims brought by its former distribution partner. Co-chair of the practice Robert Smit is recommended as ‘impeccably professional’ with ‘enthusiasm and commitment’, and is highly regarded by peers.
Although it lost key attorney James Carter to Dewey & LeBoeuf LLP in January 2011, Sullivan & Cromwell LLP remains strong in large international commercial matters. The firm also has significant experience in treaty arbitration, typically undertaking work on the investor side. John Hardiman led a team in successfully representing TeliaSonera and Sonera Holding in a dispute with Turkish companies arising from a cell phone joint venture; in September 2011 an ICC tribunal in Geneva issued a final award in favor of Sonera Holding in its arbitration against Cukurova Holding, awarding damages of $932m plus costs in what was the fourth significant ICC victory the firm has won in this matter. The team has also recently represented a European-headquartered bank in three separate ICDR arbitrations of claims by Latin American investors arising out of the $60bn Madoff Ponzi scheme; one of these matters is settled and the other two are ongoing. Joseph Neuhaus is highly regarded by peers.
Chadbourne & Parke LLP undertakes both commercial and investor-state work, particularly in construction, energy and renewables, and pharmaceuticals, with regional strength in Latin America. Recent work includes acting for ENEL, the major European utility company, against an El Salvador owned entity in a dispute over control of one of the country’s largest renewable energy producers; in May 2011 an ICC tribunal ruled in favor of the client, granting the claim for specific performance and damages. Other work included representing PEMEX, Mexico’s state-owned oil company, in matters arising out of an oil and gas project in Mexico; involving over 25,000 discrete claims, and valued at $1.5bn, it is one of the largest arbitrations ever commenced in Latin America. The team, led by Oliver Armas, is praised for its ‘excellent’ service, ‘unique and insightful’ analysis, and ‘in-depth knowledge’.
Chaffetz Lindsey LLP is a boutique firm based in New York, set up in 2009 by five partners previously at Clifford Chance. The 15-strong team has particular experience in energy, M&A, insurance and Latin American disputes. The ‘professional and timely’ team recently represented Iran in two consolidated claims before the Iran-US Claims Tribunal in The Hague; the claims are brought by Iran against the US and seek compensation for damages incurred as a consequence of breaches of the Algiers Accords in failing to halt litigation. The group is also developing its investor-state expertise, and defended the Republic of Liberia in an ICSID arbitration claim alleging breach of a mining licence and claims of up to $750m in damages. David Lindsey is ‘responsible and hardworking’, and James Hosking is ‘very energetic and experienced’.
Curtis, Mallet-Prevost, Colt & Mosle LLP has significant experience in ICSID treaty arbitration cases; recent representation at state level includes Turkmenistan and the Republic of Uganda. In 2011, the team advised the Bolivarian Republic of Venezuela on two ICSID claims in relation to the Venezuela – Netherlands BIT, international law and Venezuela law, concerning three joint venture projects in Venezuela. On the commercial side, the team has been advising Sonatrach in an arbitration under UNCITRAL rules concerning contractual claims for indemnification in relation to taxes affecting a project in the Algerian petroleum industry. Chairman George Kahale III is the name to note.
Fried, Frank, Harris, Shriver & Jacobson LLP represents multinational corporations, international organizations and sovereign entities, with expertise in large commercial disputes; areas of experience include claims arising from M&A transactions and licensing agreements, and patent infringement cases. The team is praised for its ‘reactivity and industry knowledge’ and ability to provide a ‘clear and concise response in a very short turnaround’. In 2011 it secured a victory on behalf of a major European aircraft manufacturer before the ICC, involving claims of breach of contract by both parties; the tribunal rejected all of the opposing party’s claims for relief, and awarded 98% of the damages claimed by the client in its counterclaims and 95% of its attorneys’ fees and costs. Elliot Polebaum leads the team from Washington, and is recommended for his ‘confident and straight advice’.
Gibson Dunn has experience in the energy, telecoms, insurance, construction, pharmaceuticals, and mining sectors. It continues to represent Brazilian mining company MMX; in 2011 the team secured a favorable settlement for the client in a $30m commodities dispute arbitrated under the ICC Rules, and also limited to $4m the $105m exposure of MMX in an arbitration seated in New York. The firm also continues to represent Yukos International and affiliates in a range of arbitrations and related matters, and is representing the defendant in Ecuadorian Plaintiffs v Chevron Corp, with recent work including securing the dismissal of a petition to stay the BIT arbitration initiated by Chevron. Laurence Shore is recommended.
Mark Beckett leads the team at Latham & Watkins LLP, which has particular experience in large commercial arbitrations, and is developing its treaty practice. Representative clients include Eli Lilly, Indorama, Lufthansa and Lectra. In 2011 the firm represented affiliates of a well-known polyamide company in four related arbitrations in Paris and Geneva, one being an ICC arbitration in Paris under French law concerning the right to use a chemical process technology and trade secrets valued by the parties at over $1bn. On the investor-state side, the team is representing Koch Minerals and Koch Nitrogen International in an ICSID arbitration against the Bolivian Republic of Venezuela; the claim is brought pursuant to the Switzerland-Venezuela BIT concerning an alleged breach of treaty by Venezuela relating to a large fertilizer plant.
The ‘excellent’ team at Paul Hastings LLP covers both investment treaty and commercial arbitrations, with a particular focus on political risk insurance. The ‘very professional and skilled’ group represented a leading tire manufacturer in a four-party ICC arbitration against German and Japanese companies concerning an international joint venture; the seat of arbitration was Geneva, and the amount in dispute over $250m. Another client is the International Seafood Sustainability Foundation, which the firm represented in an arbitration sited in London concerning international fishing treaties and private certification standards with relevant stakeholders from around the globe; following a two-day evidentiary hearing, a written opinion was issued granting the client’s full request for relief. Joseph Profaizer is recommended for his ‘expertise’ and ‘great experience combined with an operational understanding’.
The US arm of the practice at WilmerHale has significant strength in large commercial cases with expertise across joint ventures, M&A, energy, construction and engineering, insurance/reinsurance, IP and telecoms, international trade, and public international law. The ‘first-rate’ team has ‘outstanding advocates with excellent knowledge of the issues and the specific industry knowledge’. John Pierce is ‘a very talented lawyer and an outstanding advocate’; ‘he performs his work with great skill and confidence’. Rachael Kent is also highly regarded.
International trade
Index of tables
International trade
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1
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Covington & Burling LLP - Hogan Lovells US LLP
- Sidley Austin LLP
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Steptoe & Johnson LLP -
WilmerHale
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2
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Akin Gump Strauss Hauer & Feld LLP -
Arnold & Porter LLP - Baker & McKenzie
- King & Spalding LLP
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Skadden, Arps, Slate, Meagher & Flom LLP -
Stewart and Stewart
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3
- Arent Fox LLP
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Gibson Dunn - Hughes Hubbard & Reed LLP
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Kelley Drye & Warren LLP - Latham & Watkins LLP
- McDermott Will & Emery LLP
- White & Case LLP
Leading lawyers
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- International trade
- Jeanne Archibald - Hogan Lovells US LLP
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Charlene Barshefsky -
WilmerHale - Richard Belanger - Sidley Austin LLP
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Richard Cunningham -
Steptoe & Johnson LLP - Joseph Dorn - King & Spalding LLP
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Peter Flanagan -
Covington & Burling LLP -
David Hartquist -
Kelley Drye & Warren LLP - Mark McConnell - Hogan Lovells US LLP
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Mark Moran -
Steptoe & Johnson LLP -
Robert Novick -
WilmerHale - Beth Peters - Hogan Lovells US LLP
- Andrew Shoyer - Sidley Austin LLP
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Terry Stewart -
Stewart and Stewart -
Christopher Wall -
Pillsbury Winthrop Shaw Pittman LLP
Covington & Burling LLP continues to field a ‘world-class team of professionals with deep, relevant experience in government and the private sectors’. The group has seen a significant increase in Committee on Foreign Investment in the United States (CFIUS) matters; import compliance, export controls and regulatory counseling are notable areas of excellence for the team, which is praised for its ‘outstanding responsiveness and client skills’. The firm made two hires recently to bolster its formidable trade arsenal: the ‘well-prepared’ and ‘client-savvy’ Peter Lichtenbaum, who brings trade control experience to the Washington DC team, and Beijing-based Tim Stratford, who is a leading light on US-China relations. Industry sectors targeted by the group include petrochemicals, defense and aerospace. Assisted by the firm’s London and Brussels-based teams, Lichtenbaum advises on US and pan-European export control compliance issues for United Technologies Corporation. John Veroneau continues to advise aircraft manufacturer Bombardier, in connection with WTO matters and market access issues. Mark Plotkin is highly regarded for his experience in cross-border transactions, and recently handled CFIUS matters for Deutsche Börsche and AOL arising from transatlantic M&A. The ‘extremely knowledgeable’ Peter Flanagan is an ‘exceptional’ trade lawyer; he is ‘devoted to his clients’, ‘very personable in his dealings’, and ‘explains the legalese so that a lay person is able to follow along’. ‘Accessible, capable and thorough in its responses’, the team provides ‘very high-value advice on the most significant issues’, and also ‘crafts sensible alternative fee arrangements’ for clients.
‘One of the top international trade groups’, Hogan Lovells US LLP has a ‘very successful’ China practice, a wealth of experience in trade disputes, and the requisite expertise to handle increasing economic sanctions and export control work. Deen Kaplan and Mark McConnell led in representing the Government of China in a highly publicized dispute with the US, concerning countervailing and anti-dumping duties applied to Chinese-manufactured solar cells. The duo have an equally impressive roster of US clients, and successfully represented Ford Motors in relation to the Chinese government’s investigation into the subsidisation of US car manufacturing, with China confirming in May 2011 that countervailing duties would not be imposed on cars imported by Ford. Appreciated for making ‘judicious use of junior counsel’, the practice heads understand the ‘legal, political and interpersonal dimensions associated with a trade dispute between sovereign nations’. In addition to advising international governments and US exporters, the group regularly represents industry bodies in international disputes, often with a significant policy element. Trade policy authority and senior advisor Clayton Yeutter helped advise the US Grain Council in anti-dumping litigation concerning the export of US feed grain to China. In export control matters, Beth Peters and the ‘extremely knowledgeable’ Ajay Kuntamukkala are leading the team’s efforts to develop compliance programmes and conduct reviews for clients, in relation to their respective nuclear technology exports to emerging markets. Elsewhere, Jeremy Zucker and T Clark Weymouth advised several companies headquartered in the US and Europe on global Foreign Corrupt Practices Act (FCPA) client reviews. Clients hold the group in high regard for its ‘excellent OFAC advice’. Jeanne Archibald is the team’s go-to lawyer for foreign direct investments and CIFIUS matters.
‘Well established’ in WTO proceedings and trade policy, Sidley Austin LLP provides ‘deep and comprehensive’ answers to complex global trade problems. Counsels Brenda Jacobs and Larry Walders led the charge for respondents in litigation over solar panels acting as US co-ordinating counsel for the Chinese solar panel industry. The firm’s Asian client roster includes five major Japanese steel companies, including Sumitomo Metal Industries and Nippon Steel, which were both represented by Richard Weiner on trade defense matters relating to the Malaysian and Indonesia steel markets. Trade policy highlights for the team included advising the Embassy of Korea on the Korea-US Free Trade Agreement (KORUS), and longstanding client Caterpillar on lobbying. Caterpillar has also called upon Richard Belanger’s expertise in several issues involving FCPA and foreign trade regulations. Elsewhere, Robert Torresen and Lisa Crosby give ‘very professional and clear advice’ on economic sanctions and export controls for clients in the defense, technology and financial services industries. Supplemented by the strength of its Geneva office, the firm’s ‘superb WTO practice’ represents industry bodies and international government ministries in dispute settlements and negotiations. A key highlight for Andrew Shoyer included advising Brazilian sugar cane industry association UNICA on the application of WTO rules to biofuels. Shoyer recently took over as practice head after Dan Price left in 2011 to set up an international business advisory firm; Price continues to work with the team as co-counsel and arbitrator.
Trade remedies advice forms the backbone of Steptoe & Johnson LLP’s ‘significant’ trade and investment practice. Its client roster includes international governments, domestic exporters and global technology companies, for which it handles complex WTO disputes, intricate import relief issues and litigation in the US courts. With the assistance of Jose Gonzalez-Magaz and of counsel Jeffrey Pryce, Lucinda Low represented Corn Products International in a tribunal at the International Centre for Settlement of Investment Disputes (ICSID), achieving a $60m settlement for the client. Another key highlight for the team was Matthew Yeo and Mark Moran’s representation of the Government of China before the WTO appellate body, in connection with anti-dumping and countervailing duties imposed on Chinese imports by the US. Thomas Trendl and Richard Cunningham are advising LG Electronic in cases involving anti-dumping and countervailing duties on its imports of bottom-mount refrigerator-freezers from Korea and Mexico. The firm’s European trade policy and WTO practice suffered a blow when Iain MacVay moved to Bird & Bird’s London office. Meredith Rathbone was made up to partner in January 2011, and continues to advise on International Traffic in Arms Regulations (ITAR) in addition to acting in cases involving sanctions applied by the Office of Foreign Assets Control (OFAC).
WilmerHale’s ‘impeccable credentials’ are due in part to Charlene Barshefsky and newly appointed co-manager of the firm Robert Novick, who are both leading lights in the trade arena. The pair’s vast experience at the USTR has allowed the firm to excel in the areas of international trade policy and enforcement. Novick is praised for his ability to ‘anticipate problems, identify opportunities, and offer comprehensive suggestions on ways to achieve the most beneficial outcome for the client’. ‘Strategic, ethical and organized in his approach’, Novick continues to represent Boeing in the US-EU WTO aircraft subsidy dispute. Barshefsky is noted for her ‘understanding of the IT industry’ and ‘depth and breadth’ of expertise on global trade policy. ‘Superlative’ across the breadth of international trade issues, the team has acted for pharmaceuticals and technology firms in relation to proposed business ventures in China and India. Elsewhere, a major internet business recently appointed the team to advise on legal aspects of the Trans-Pacific Partnership Agreement (TPP). Export controls specialist Ronald Meltzer carried out an ITAR compliance review for General Dynamics, and also assisted Time Warner and Lufthansa with their respective OFAC compliance and export control projects. Market access and WTO issues are strong points for David Weller, who is singled out for his ‘trustworthy legal and political judgment’, ‘deep understanding of Chinese systems’ and ‘timely responses’. As a result of their superb advisory support and ‘superior quality of legal analysis’, the team members are considered ‘truly business partners and not just lawyers’.
Akin Gump Strauss Hauer & Feld LLP is one of several major Washington DC firms to play an important role in the US-Canada softwood lumber case; Spencer Griffith, who splits his time between the Washington DC and China offices, advised the Government of British Columbia throughout the long-running litigation. Valerie Slater oversees the ‘excellent’ group, and regularly represents clients in matters before the USTR and USITC, in addition to handling anti-dumping and unfair trade disputes. Despite its historic grounding in traditional trade remedies, the firm’s ‘strong banking practice’ has allowed the team to gain significant work in modern economic trade cases. In this regard, Wynn Segall acted for clients in the defense, IT and transport industries, in relation to anti-boycott regulations, licensing issues, and ITAR and OFAC compliance. Meanwhile, customs specialist Warren Connelly has represented clients including Fujitsu Limited, Shell Oil and the Israeli government in trade policy matters, litigation and international arbitration.
Recent years have seen the small but potent team at Arnold & Porter LLP play a lead role in a number of NAFTA Chapter 11 claims and disputes, both for and against Canadian parties; Michael Shor, for instance, assisted paper and pulp company AbitibiBowater achieve a settlement of C$130m from Canada, relating to alleged confiscation and redistribution of AbitibiBowater’s assets in the Province of Newfoundland. Meanwhile, practice head and customs specialist Lawrence Schneider represented the Canadian Province of Alberta in arbitration and US Appeal Court litigation involving countervailing duties separately applied to Canadian wheat and lumber. John Barker is ‘very good on questions of trade control’, and represents universities, NGOs and corporates in trade sanctions compliance and enforcement matters. He recently assisted BAe in negotiating a consent agreement with the State Department, in connection with pre-existing ITAR civil actions. Other areas of proficiency for the group include agency investigations, WTO litigation and Section 337 Tariff Act disputes.
With an exceptionally deep bench of 41 trade lawyers spread across five offices, Baker & McKenzie represents clients ranging from energy and resources companies to global corporations and technology firms. John McKenzie oversees the firm’s export controls and economic sanctions practice. He recently advised two US clients on customs compliance issues arising from an audit by a government agency, and on OFAC regulations concerning several acquisitions. On the FCPA front, the firm called upon Richard Dean and the resources of its international commerce and M&A group in acting as compliance consultant for Panalpina following an investigation by the Department of Justice. The firm’s international reach is exemplified by Nick Coward’s representation of several clients in export control matters centered around Hong Kong, China and the EU. Washington DC-based Kevin O’Brien oversees the trade remedy affairs group, which includes ‘conscientious and hardworking’ associate Diane Macdonald, who is praised for her ‘unparalleled knowledge in the areas of dumping and customs’; the ‘superb’ duo recently helped NTN Corporation successfully challenge the US government’s attempt to increase the dumping margin on Japanese ball bearings, in the US Court of Appeals for the Federal Circuit.
Stephen Jones leads the group at King & Spalding LLP, which attracts praise for providing ‘very high-quality’ advice on technical issues regarding anti-dumping and countervailing duties. Jones successfully represented Aluminium Extrusions Fair Trade Committee in litigation concerning Chinese aluminum imports. Historically identified as a domestic petitioner’s practice, it has successfully extended its reach beyond US borders and now acts for several clients in trade remedy litigation across the EU, Asia and Latin America. Anti-dumping consultant Jorge Miranda has ‘very detailed knowledge on WTO and Mexican legislation’. In an effort to diversify its trade practice, the firm has sought out mandates involving market access and climate change, as well as Section 337 litigation, where it has represented Advanced Micro Devices and ITC. Commended for his ability to ‘articulate detailed issues in straightforward terms’, Joseph Dorn has ‘substantial experience in international trade matters’, and offers ‘excellent insights’. In June 2010, the firm opened a new office in Geneva, a move that expanded its highly reputed WTO dispute settlements practice. Tom Graham left to join the WTO Appellate Body in 2011.
The majority of trade cases handled by Robert Lighthizer’s team Skadden, Arps, Slate, Meagher & Flom LLP is for domestic petitioners involved in traditional trade remedy litigation. However, the firm also has an excellent international client base, and has litigated unfair trade cases on behalf of Asian, Latin American and Middle Eastern respondents in the US. Notable for its representation of US steel producers in subsidy disputes, the ‘superb’ group recently assisted a client with the successful filing of a countervailing duty and anti-dumping petition against the import of circular welded steel pipe. Ivan Schlager is the firm’s key advisor on CFIUS matters: the team is ‘really strong’ in the area, thanks in part to the firm’s ‘deep bench of regulatory lawyers’. Elsewhere, AES sought the firm’s guidance on the $1.6bn sale of a 15% stake to China Investment Corporation. The team’s ‘responsiveness is near instantaneous’, and it is appreciated for its ‘superb legal analysis’, ‘strong advocacy skills’ and ‘air-tight case management’. Past experience includes representing Asian clients, including Huawei Technologies and China Huaneng Group, on the CFIUS aspects of cross-border M&A deals. On questions involving export controls and economic sanctions, the team looks to Jeffrey Gerrish, while New York-based James Hecht concentrates on trade policy advice. The trade team recently assisted a key client of the firm with an internal investigation to ascertain its compliance with rules set out by the Bureau of Industry and Security and OFAC.
Stewart and Stewart maintains its reputation as a ‘high-quality trade boutique’ with a ‘wonderful client base’. Lauded for its ‘quality legal advice’ across the full range of trade remedy law, the group represents clients in front of the US Department of Commerce, the USITC and federal appeal courts, and is experienced in all aspects of anti-dumping proceedings, from petition filing through to sunset reviews. On countervailing duties, the practice regularly defends domestic industries in cases concerning the subsidization of foreign imports. On the US customs side, the team advises on the breadth of issues ranging from Country of Origin Rules to import classification and duty refunds. The firm also works with local counsel in China to advise US clients on export control and market access issues. On the WTO front, the Washington team can call on the firm’s strong Geneva office, and is noted for its experience in WTO and GATT dispute settlement. The group also represents clients in WTO negotiations, and has regularly contributed to the formation of US trade policy. Managing partner of the seven-partner boutique Terry Stewart has an excellent name for international trade work. William Fennell and customs specialist Wesley Caine are other names to note.
Arent Fox LLP has seen an increase in customs-related mandates in recent years. With 15 partners, the ‘smart, professional and very experienced’ team is heavily involved in Latin American-US trade issues. It continues to advise key client Coca-Cola in anti-dumping proceedings concerning the import of orange juice from Brazil, and lemon juice from Argentina and Mexico. Partners from the Washington office regularly collaborate with their Los Angeles counterparts on bilateral trade issues and WTO disputes for the Government of Mexico. Export Administration Regulations (EAR) expert Kay Georgi assists 3M with import and export control compliance, and provides ‘thorough and in-depth’ ITAR advice to clients including Wackenhut Services International. John Gurley represent clients in trade litigation and investigations involving non-market economies, and the ‘very smart’ David Hamill continues to provide import and export compliance advice to Sara Lee. Matthew Clark has taken over from William Charyk as the firm’s new managing partner. Myles Getlan and Michael Burton are also recommended.
Gibson Dunn covers the breadth of international trade advice and has a diverse roster of US, Asian and Middle Eastern clients. Judith Lee is the team’s key advisor on economic sanctions, and represents Facebook, NBC Universal and a host of international banks. Together with Andrea Farr, Lee also advises First Data Corporation on trade sanctions, OFAC regulation, and compliance with the USA Patriot Act. The firm’s network of European offices is a boon for the US group; they have combined, for example, on matters surrounding sanctions imposed upon Iran. On the trade remedies front, the team has been active in a number of disputes concerning the importation of steel. Chris Wood and Daniel Plaine have advised the Japanese steel industry for a number of years in this respect, and helped persuade the USITC to remove the anti-dumping duty order on hot-rolled steel, following a sunset review. Plaine retired in February 2012, but continues to handle some client work. Coors Brewing Company and longstanding client American Honda instructed Donald Harrison on customs issues.
With ‘in-depth expertise’ and an ‘impeccable understanding of commodity trade’, Hughes Hubbard & Reed LLP recently expanded the team: Joanne Osendarp and John Ryan from Weil, Gotshal & Manges LLP (the former was head of the firm's international trade group), and customs compliance specialist Melanie Frank. The firm has a broad stable of clients from Asia, Europe and the US. ‘Outstanding’ department head Amanda DeBusk is an ‘expert in the field’, and recently advised Dell and Cree on complex export control questions, as well as assisting Koch Chemical Technology Group on sanctions and FCPA matters. DeBusk provides ‘personal, hands-on service where appropriate’, and has ‘developed a solid team to back up her skills’. She was also recently appointed to the State Department Advisory Committee on International Economic Policy: Sanctions Subcommittee. Kenneth Pierce is noted for his trade remedy advice, and counts the Royal Thai Government and TyssenKrupp Steel Europe as regular clients. Elsewhere, Osendarp and John Townsend are providing advice to the Government of Canada in the London Court of International Arbitration (LCIA), concerning the US-Canada softwood lumber dispute. IP and international trade partner Jennifer Groves left the firm in 2011.
Kelley Drye & Warren LLP’s ‘wide client base verifies the reach of its competence’, which allows the team to ‘treat new challenges in context with prevailing authority’. In January 2012, the ‘organized and succinct’ David Hartquist stepped down as head of the trade practice to take the helm of the team’s economic consulting subsidiary, Georgetown Economic Services. The ‘outstanding’ Kathleen Cannon now leads the ‘indispensable’ team, and recently handled disputes concerning steel products for ArcelorMittal AK Steel and North American Stainless USA. In another mandate for the group of ‘seasoned professionals’, Alan Luberda assisted the US Transformer Fair Trade Coalition with the filing of an action to the USITC, claiming that dumped Liquid Dielectric Large Power Transformers (LPT) from Korea are harming the US LPT market. Export controls and economic sanctions are areas of focus for Eric McClafferty, who has earned the ‘confidence of general counsel and other senior leaders’. He led in relation to an audit of Flowserve’s national sites, which resulted in a $3m settlement with the BIS and OFAC. ‘Dean of Washington international trade policy’ Paul Rosenthal is ‘exceptional’, and his counsel is ‘sought and respected by all’. In 2012 special counsel Jennifer McCadney rejoined the team, which goes ‘above and beyond clients’ usual requirements’.
Latham & Watkins LLP’s trade team sits within its white-collar litigation practice, and is primarily focused on FCPA affairs, economic sanctions and white-collar government investigations. The ‘attentive’ William McGlone is ‘absolutely first class’ when it comes to ITAR and EAT cases, and recently advised a US-based aerospace company on compliance issues concerning domestic and international sites. Elsewhere, the ‘thoughtful’ and ‘business-minded’ Douglas Greenburg is conducting an internal investigation for a publicly traded US company into potential FCPA issues in Asia and Africa, while the ‘analytical’ Barry Sabin helped guide a global energy firm through federal inquiries concerning trade sanctions and export controls. Notwithstanding the retirement of the highly rated Teresa Baer in 2011, the ‘diligent’ and ‘creative’ Washington-based group has seen an upsurge in CFIUS matters, mostly fueled by its corporate counterparts in Singapore and New York; Edward Shapiro has recently acted for an international technology outfit and several US and European manufacturers in this area. Counsel Les Carnegie joined the team in the January 2011 from Covington & Burling LLP and brings additional expertise on re-export controls and US anti-boycott laws.
The lawyers at McDermott Will & Emery LLP are ‘responsive and thorough’ and ‘aware of client sensitivities’, and provide a ‘top-notch service’. The team remains strong on trade policy, import relief and WTO disputes. In early 2012, the Washington office was bolstered by the arrival of Jay Eizenstat, who will focus on WTO advice, market access and issues relating to free trade agreements. Noting an increase in trade control instructions, the team recently advised clients in the Middle East on the application of rules surrounding dual-use items. Several of the team’s key recent instructions are for clients operating in the agricultural sector; Carolyn Gleason advised California Cling Peach Board on unfair trade issues surrounding the import of canned Chinese fruit. Together with lawyers from other practices, David Levine advised CVS Pharmacy on customs and trade compliance relating to the client’s sourcing of pharmaceuticals.
White & Case LLP demonstrates a ‘good grasp of business issues, not just the legal particulars’ surrounding complex international trade problems. David Bond is an ‘exceptional attorney’, and does an ‘outstanding job’ in anti-dumping cases. Bond and the ‘highly reliable’ Gregory Spak led the representation of Deacero and Mabe before the USDOC and USITC concerning imports of galvanized steel and bottom-mount fridge-freezers. On the WTO front, Spak acted as counsel to Distilled Spirits Association of the Philippines in an excise tax dispute brought under GATT, and William Clinton’s Geneva work highlights included third-party representation of Saudi Aramco. Walter Spak and Richard Burke both provide ‘high-quality’ advice ‘in a timely manner’ and are ‘always alert on recent export control developments that may affect clients’ activities’. The firm also advises on administrative reviews and anti-dumping suspension agreements, and counts San Miguel and myonic as clients in this area.
Leading trial lawyers
Leading trial lawyers
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Fred Bartlit -
Bartlit Beck Herman Palenchar & Scott LLP -
David Boies -
Boies, Schiller & Flexner LLP - Evan Chesler - Cravath, Swaine & Moore LLP
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John Keker -
Keker & Van Nest, L.L.P. - Gary Naftalis - Kramer Levin Naftalis & Frankel LLP
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John Quinn -
Quinn Emanuel Urquhart & Sullivan, LLP -
Stephen Susman -
Susman Godfrey LLP - Dan Webb - Winston & Strawn LLP
- Theodore Wells - Paul, Weiss, Rifkind, Wharton & Garrison LLP
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Fred Bartlit -
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David Beck -
Beck, Redden & Secrest -
Philip Beck -
Bartlit Beck Herman Palenchar & Scott LLP - James Brosnahan - Morrison & Foerster LLP
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Robin Gibbs -
Gibbs & Bruns LLP -
Marc Kasowitz -
Kasowitz, Benson, Torres & Friedman LLP -
Randy Mastro -
Gibson Dunn -
Stephen Neal -
Cooley LLP -
Barry Ostrager -
Simpson Thacher & Bartlett LLP - Daniel Petrocelli - O’Melveny & Myers LLP
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G Irvin Terrell -
Baker Botts L.L.P.
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David Beck -
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Morgan Chu -
Irell & Manella LLP - Richard Clary - Cravath, Swaine & Moore LLP
- Jay Cohen - Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Sandra Goldstein - Cravath, Swaine & Moore LLP
- Arturo González - Morrison & Foerster LLP
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Susan Harriman -
Keker & Van Nest, L.L.P. - Abbe Lowell - Chadbourne & Parke LLP
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Kathy Patrick -
Gibbs & Bruns LLP - William Pratt - Kirkland & Ellis LLP
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William Price -
Quinn Emanuel Urquhart & Sullivan, LLP -
James Quinn -
Weil, Gotshal & Manges LLP -
Harry Reasoner -
Vinson & Elkins L.L.P. -
Robert Van Nest -
Keker & Van Nest, L.L.P. - Beth Wilkinson - Paul, Weiss, Rifkind, Wharton & Garrison LLP
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Morgan Chu -
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- Robert Baron - Cravath, Swaine & Moore LLP
- Michael Burg - Burg, Simpson, Eldredge, Hersh, Jardine, P.C.
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Michael Carroll -
Davis Polk & Wardwell LLP - Lori Cohen - Greenberg Traurig LLP
- Michael Dell - Kramer Levin Naftalis & Frankel LLP
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Henry Gutman -
Simpson Thacher & Bartlett LLP -
Grant Harvey -
Gibbs & Bruns LLP - Stephen Larson - Arent Fox LLP
- George Lombardi - Winston & Strawn LLP
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Aaron Marks -
Kasowitz, Benson, Torres & Friedman LLP -
Barrett Reasoner -
Gibbs & Bruns LLP -
Reid Weingarten -
Steptoe & Johnson LLP
Fred Bartlit, Bartlit Beck Herman Palenchar & Scott LLP: In a long and active career, name partner Fred Bartlit has tried over 70 major cases, and, though he is perhaps best known for representing President Bush in the 2000 Presidential election ‘hanging chads’ trial, he continues to litigate matters of national significance. In 2008, Bartlit won a Federal Circuit appeal on behalf of Bayer AG and Bayer Corporation in a $400m nationwide antitrust class action after direct and indirect purchasers challenged the legality of Barr’s settlement with Bayer over the Cipro patent. Bartlit won appeals in the Second Circuit and Federal Circuit, culminating in the US Supreme Court’s refusal in 2011 to revive the suit. In 2011, Bartlit also delivered his report as the National Oil Spill Commission’s chief counsel, filing a 371-page supplementary report into the causes behind the Deepwater Horizon oil spill. One peer describes this as a ‘a superb piece of work’, in which Bartlit was able to ‘set aside hysteria and emotion, and come up with something really authoritative’.
David Boies, Boies, Schiller & Flexner LLP: David Boies’ reputation as a trial lawyer has, uniquely even among the names on this list, brought him household name status. Boies has been successful in a string of high-profile trials: famously, he represented Al Gore during the presidential election recount trial. This ‘very, very fine trial lawyer’ is also known for his legendary cross-examination of Bill Gates during the Microsoft antitrust case. In 2010 and 2011, Boies represented plaintiffs in California suing to enjoin the state’s ban on gay marriage as a violation of the US Constitution. Boies’ team won a landmark ruling at the Ninth Circuit, which declared Proposition 8 – the state law banning gay marriage – to be unconstitutional. Boies is currently representing Oracle in a battle with Google to protect its intellectual property interests. He is esteemed for his easy eloquence and ability to explain complex issues clearly to a diverse audience.
Evan Chesler, Cravath, Swaine & Moore LLP: ‘Superb, meticulous, and immensely qualified’, Evan Chesler maintains his reputation as one of the country’s leading trial lawyers, and is the firm’s presiding partner. He is a key figure in a team that one client calls ‘simply one of the best I have seen in addressing the client’s needs in high-stakes and complex matters’. In 2011, Chesler oversaw ESPN’s entry into an agreement to settle with Conference USA in a dispute over sporting events, and was also instrumental in an agreement between IBM and Neon Enterprise Software. The variety of Chesler’s cases is noteworthy. For instance, in People v Bellamy, Chesler and colleague Stuart Gold carried out a successful pro bono representation of a defendant wrongly accused of murder. In that instance, the New York Supreme Court vacated the client’s conviction for second degree murder after lengthy argument before the appellate division of the New York Supreme Court.
John Keker, Keker & Van Nest, L.L.P.: San Francisco-based name partner John Keker has a longstanding name for patent litigation and white-collar crime cases and the firm echoes his impressive reputation. Impressed clients consider Keker to be ‘voraciously intense about his cases’. Keker is acting in respect of a multibillion-dollar dispute with Chevron surrounding the pollution of an Ecuadorian village. Keker and his team are handling the multi-jurisdictional enforcement of an Ecuadorian court’s $18bn judgment against Chevron, as well as fighting Chevron’s attempts to invalidate the award by instigating arbitration proceedings in The Hague. In another matter, Keker is representing the co-founders of a semiconductor company based in Silicon Valley in a suit alleging that Goldman Sachs manipulated the 2008 financial crisis to defraud its executives of more than $100m. Other clients include Televisa, Cadence Design Systems and cyclist Lance Armstrong.
Gary Naftalis, Kramer Levin Naftalis & Frankel LLP: Even among this firm’s impressive group of attorneys, name partner Gary Naftalis is a ‘terrific lawyer’ who continues to enjoy a standout reputation. During his long career, Naftalis has tried a variety of significant white-collar crime and civil cases. Recently, he successfully represented the City of New York in the inquiry by the New York County District Attorney into a fire at the Deutsche Bank Building (130 Liberty Street), adjacent to the World Trade Center site. Several firefighters lost their lives in the incident after a broken standpipe failed to produce water. Naftalis is also defending Rajat Gupta, former managing director of McKinsey & Company, in an administrative proceeding brought by the US Securities and Exchange Commission under the Obama administration’s new Dodd-Frank Act financial reform laws.
John Quinn, Quinn Emanuel Urquhart & Sullivan, LLP: This litigation powerhouse is ‘top of the list’ for many clients, and, as the founding partner, it is not surprising to find John Quinn on the docket in many flagship cases. Quinn continues to manage the firm, which one client describes as ‘the best litigation firm I have worked with in the last ten years’. Notably, Quinn represented the Official Committee of Unsecured Creditors of Lehman Brothers in a sequence of claims involving more than $600bn in assets and liabilities as well as 260,000 derivative trades and securities lending arrangements. Quinn’s other clients include University of Southern California, Google and Avery Dennison.
Stephen Susman, Susman Godfrey LLP: Stephen Susman is the founder of this Houston-based litigation boutique, and is considered ‘a fine mind, a great writer, and a great thinker’. Susman has expanded his practice from one centered on antitrust suits and major class actions to encompass environmental and climate change-related litigation, often of a pioneering nature. ‘Very skilled indeed’, Susman achieved success for an unprecedented coalition of 37 Texan cities opposing the permitting of coal-fired electric generating plants to be built by TXU. He is currently serving as counsel to an Inuit tribe in Alaska, which claims to have lost its home because of global warming, a case in which the plaintiffs are seeking $400m from 24 energy companies in order to facilitate the Inuit tribe’s relocation to the Alaskan mainland.
Dan Webb, Winston & Strawn LLP: As the star turn in a firm regarded as ‘the cream of the crop’, Dan Webb’s reputation as a trial lawyer is deeply entrenched. In one recent highlight, Webb acted for William Cellini in a highly publicized white-collar crime case in Chicago, in which Cellini was acquitted of major conspiracy. In another matter, Webb – assisted by the ‘phenomenal, forceful, and effective’ George Lombardi – defended Philip Morris in an Engle progeny case, a matter which follows on from a 2006 Florida Supreme Court decision decertifying a class of smokers which had sought a damages award for smoking-related injuries. Webb’s team successfully persuaded the jury that his client should only bear 15% liability, since the plaintiff Andy Allen had used Philip Morris cigarettes for only two out of her 36 years’ smoking history. Other clients include Microsoft, General Electric, Cisco Systems, Pfizer and Verizon.
Theodore Wells, Paul, Weiss, Rifkind, Wharton & Garrison LLP: Theodore Wells’ immense pedigree in white-collar criminal defense and civil and corporate litigation continues to bear fruit. Wells successfully defended Citigroup in a three-week jury trial in London against UK firm Terra Firma, in respect of an $8bn damages claim in connection with the purchase of EMI. Other clients Wells has represented in large class action litigation include Merck, Johnson & Johnson, Mitsubishi, Carnival and Philip Morris. Wells co-chairs the firm’s litigation department.
David Beck, Beck, Redden & Secrest: Since co-founding this Texas-based litigation boutique, David Beck has earned a formidable reputation as ‘a great defense lawyer in front of juries, and a passionate advocate for his clients with decades of success’. In 2011, Beck worked alongside Michael Richardson in a major breach of contract dispute, obtaining a judgment of $40.8m on behalf of a Brazilian manufacturer of wind turbine blades. Beck recently participated in a re-enactment of the 1868 Supreme Court case of Texas v White, a case concerning fundamental issues about the Union.
Philip Beck, Bartlit Beck Herman Palenchar & Scott LLP: the highly esteemed Philip Beck maintains an extremely busy trial practice. One recent highlight saw a team led by Beck defend client United Technologies from a claim for $4bn made by Rolls-Royce in respect of a patent claim regarding jet engine technology. In 2009, Beck won back-to-back victories for Ernst & Young in claims arising out of the bankruptcy of Metropolitan Mortgage & Securities Company. Beck, who is ‘renowned for his good judgment and for his ability to assess what is in his clients’ interests to defend’, also represented George Bush during the 2000 Florida recount, a case instrumental in resolving that year’s Presidential election. Another career highlight saw Beck represent client Merck in five jury trials in which it was alleged that the client’s drug Vioxx caused heart attacks and strokes. In that instance, Beck was successful in winning four outright defense verdicts.
James Brosnahan, Morrison & Foerster LLP: In a distinguished career, James Brosnahan has tried over 140 cases to verdict and continues to do so in a ‘smart, knowledgeable, effective, strategic, and tireless’ manner. Brosnahan obtained a unanimous decision before the California Supreme Court on behalf of the Californian Redistricting Committee in a significant matter on voting rights. Brosnahan added this success to numerous other high-profile representations down the years, of which his defense of John Walker Lindh, the first US citizen accused of terrorism after the World Trade Center attacks, is arguably the best known.
Robin Gibbs, Gibbs & Bruns LLP: Robin Gibbs is a name partner in the ‘fantastic’ Houston-based boutique, whose lawyers one client describes as ‘the hardest-working and smartest attorneys I have met’. Gibbs, working alongside the ‘tenacious, committed, and just plain smart’ Grant Harvey, recently secured a notable $196m judgment in favor of client D Bobbitt Noel Jr against Trevor Rees-Jones and Devon Energy for fraud and breach of fiduciary duty. Gibbs shows ‘insightful leadership and strategy’, and is praised for having assembled a ‘winning’ team.
Marc Kasowitz, Kasowitz, Benson, Torres & Friedman LLP: Since 1993, Marc Kasowitz has grown his firm from an 18-lawyer boutique to a 375-lawyer firm, which is ‘excellent across the board’. One highlight saw Kasowitz head a team defending MBIA, the world’s largest monoline insurer, against four state and federal actions brought by 19 large financial institutions.
Randy Mastro, Gibson Dunn: Co-chair of the firm, Randy Mastro has acted for an impressive array of leading clients including Amazon, Daimler, Lehman Brothers and Hewlett-Packard. Mastro is a former deputy mayor of New York, and his practice combines New York-based litigation of a civic nature with matters of national and international significance. One example of the former is his defense of Hudson River Trust, a public benefit corporation building a park along Manhattan’s westside waterfront, in a suit brought by Chelsea Piers. Among the latter, Mastro is representing Chevron in its continuing Lago Agrio litigation, in which a series of Ecuadorian plaintiffs allege environmental damage caused by Chevron’s predecessor Texaco. Mastro has vigorously defended his client, gaining a series of landmark rulings, securing both a rare court order obtaining hundreds of hours of a documentary filmmaker’s outtakes, and the deposition of the opposition’s lawyer. Mastro also obtained a notable victory for Verizon securing the dismissal of a claim made against the client by the City of New York that it should enter into a municipal franchise agreement and be forced to pay an additional annual sum.
Stephen Neal, Cooley LLP: The firm continues to spread beyond its core strengths in IP and social media to include robust antitrust, real estate and white-collar criminal law practices, giving Stephen Neal’s personal practice palpable momentum, and he is regarded ‘with the greatest respect’. Neal represented longstanding client Onyx Pharmaceuticals in a dispute with its partner Bayer after an agreement to discover cancer-fighting drugs led to litigation over the rights of a development drug known as DAST. Neal – who also handles securities, insurance, and construction disputes – is simply ‘terrific’, according to one client.
Barry Ostrager, Simpson Thacher & Bartlett LLP: In July 2011, Barry Ostrager won a significant victory as lead trial counsel in Palm Beach Florida Circuit Court, in a dispute over defense contracts relating to the war in Iraq. In that instance, Ostrager’s client Mohammad Al-Saleh was awarded $28.8m, after a ruling stating that Al-Saleh had been unfairly defrauded of his share of partnership profits. Another highlight saw Ostrager win a $100m verdict for Gray Development Group in a lawsuit arising from failed efforts to develop a 41-acre apartment complex in Phoenix. The case saw Ostrager secure a significant new law in Arizona, so that a master developer will now owe fiduciary duties to a competing developer. Ostrager is also highly active in the antitrust arena, in particular through his representation of the Fidelity family of title insurance companies.
Daniel Petrocelli, O’Melveny & Myers LLP: Daniel Petrocelli has ‘a fine reputation as a trial lawyer’. He has made his name in a string of high-profile cases, including as the successful prosecutor at OJ Simpson’s civil trial and as the attorney for former Enron CEO Jeffrey Skilling. Petrocelli is currently representing Hollywood Foreign Press Association in its lawsuit against Dick Clark Productions for allegedly usurping the exclusive broadcast rights to the Golden Globes telecasts. Petrocelli’s diverse caseload also includes a federal trial in Santa Ana on behalf of Allergan.
G Irvin Terrell, Baker Botts L.L.P.: Houston-based G Irvin Terrell focuses on business litigation, and is ‘tremendously able’. He is known in court for having ‘an authority and directness of speech that makes him a formidable cross-examiner’. Among recent successes, Terrell won a $5bn verdict for his client ASARCO in a case brought against Americas Mining Corporation for fraudulent transfer. Terrell also served as trial counsel for President Bush and Vice President Cheney in the presidential election trial in 2000. Other clients include Pennzoil, American Airlines, and DSC Communications, as well as a former CEO of Citigroup.
Morgan Chu, Irell & Manella LLP: Los Angeles-based Morgan Chu has established himself as arguably the top IP litigator in the US. Recent highlights include his representation of Tivo, the developer of the first commercially available digital video recorder, in Tivo Inc v EchoStar Communications, in which he successfully secured a $600m judgment in favor of the client. In St Jude Medical Inc v Access Closure, Inc, Chu won a $27m award in an Arkansas court on behalf of St Jude Medical.
Richard Clary, Cravath, Swaine & Moore LLP: Richard Clary is ‘one of the deans of the New York trial bar’. He is perhaps best known for his work on behalf of Credit Suisse, particularly in respect of the Enron litigation in which he, in contrast to lawyers of other bank defendants, secured a dismissal of all charges against the client.
Jay Cohen, Paul, Weiss, Rifkind, Wharton & Garrison LLP: Co-chair of the firm’s litigation department Jay Cohen has built his reputation in defending major financial institutions. Cohen acted as lead counsel to Citigroup in a multibillion-dollar dispute alongside Theodore Wells. Cohen assembles teams that are ‘simply among the best for a very high stakes and complex matter’.
Sandra Goldstein, Cravath, Swaine & Moore LLP: The ‘excellent’ Sandra Goldstein has a practice that is focused on large commercial disputes, such as her representation of Barnes & Noble in a challenge to a “poison pill”. Goldstein is also accomplished at complex case management, such as her ongoing representation of the special committee of the board of directors of J Crew in relation to class action lawsuits amounting to approximately $3bn.
Arturo González, Morrison & Foerster LLP: Arturo González is ‘one of the finest trial lawyers in the US’, and is praised for ‘his trial advocacy skills, and thoughtful preparation of trial witnesses’. González is active across a wide range of business litigation including trade secrets, fraud, and breach of contract. He recently won a $10.8m jury verdict for Technology Integration Group after a five-week trial, a case involving the multiple misappropriation of trade secrets.
Susan Harriman, Keker & Van Nest, L.L.P.: Susan Harriman is well known for arbitration and complex commercial disputes. One career highlight saw her successfully defend the Music Concourse Community Partnership from two consolidated actions in the California Court of Appeal which sought to halt the construction of a £50m underground parking facility. Harriman is currently serving as lead defense attorney for Electronic Arts in a case concerning millions of dollars in royalties.
Abbe Lowell, Chadbourne & Parke LLP: Washington DC-based Abbe Lowell has a long history of trying high-profile cases, both in the white-collar crime and civil litigation spheres, and often in matters of national significance. Lowell acted as chief minority counsel in the interests of President Clinton during his impeachment proceedings, and is currently representing former Presidential candidate John Edwards in his campaign finance trial. Other clients include Hector Martinez and Joseph Bruno.
Kathy Patrick, Gibbs & Bruns LLP: The widely praised Kathy Patrick has achieved much media attention for her orchestration of a landmark $8.5bn settlement between Bank of America and a group of 22 institutional investors including PIMCO, BlackRock and MetLife. Patrick’s team ‘takes the time to understand the client’s company, its culture, and its litigation philosophy’.
William Pratt, Kirkland & Ellis LLP: William Pratt has built his reputation across a wide variety of substantive areas, from antitrust and IP to trade secrets and environmental litigation. Recently, Pratt won a trial for a group of clients including Samsung Electronics and IBM in a high-stakes technology patent licensing matter before the US Bankruptcy Court for the Eastern District of Virginia.
William Price, Quinn Emanuel Urquhart & Sullivan, LLP: William Price is ‘extremely knowledgeable on trial strategy with a very good presentation manner in court’. Price has a long history of success in ‘David v Goliath’ cases, of which his recent successful defense verdict for memory chip and semiconductor technology manufacturer Micron is only the most recent. In that instance, Price was successful in defending his client against a $12bn lawsuit.
James Quinn, Weil, Gotshal & Manges LLP: As the chair of this firm’s 500-lawyer litigation practice, James Quinn has a formidable reputation across the spectrum of litigation. One of Quinn’s most celebrated wins was the $417m verdict he secured for ExxonMobil in Exxon Mobil v SABIC, a case which had a bearing on fundamental issues of concurrent jurisdiction. Other clients include ESPN and Vivendi.
Harry Reasoner, Vinson & Elkins L.L.P.: Harry Reasoner has an ‘extraordinary skill-set’, and his practice is oriented towards complex civil litigation. Over the years, Reasoner has been extremely active in the antitrust, securities, and tort spheres. Over the last nine years, Reasoner has been representing Playboy in respect of a contentious licensing agreement. The case has now reached the Texas Court of Appeals.
Robert Van Nest, Keker & Van Nest, L.L.P.: Name partner Rob Van Nest has enjoyed a boom year, representing major clients such as Intel and Google. One client calls Van Nest ‘an amazing advocate, who is extremely well prepared and very persuasive, as well as being excellent in court, at deposition, and with clients’.
Beth Wilkinson, Paul, Weiss, Rifkind, Wharton & Garrison LLP: Beth Wilkinson is well known for representing Pfizer in product liability litigation relating to the hormone therapy drug Prempro. In particular, Wilkinson won three trials in a row, a series of results crucial to the company. Wilkinson also secured a mistrial for Philip Morris in the company’s first ‘lights’ class action to reach a jury, an early example of a new wave of cigarettes-related litigation working its way through the court system.
Mass tort and class action: plaintiff representation – antitrust
Index of tables
Mass tort and class action: plaintiff representation – antitrust
-
1
-
Berger & Montague, P.C. -
Boies, Schiller & Flexner LLP -
Hausfeld LLP -
Susman Godfrey LLP
-
-
2
-
Fine Kaplan & Black -
Heins Mills & Olson, PLC - Labaton Sucharow LLP
-
Zelle Hofmann Voelbel & Mason LLP
-
-
3
-
Cohen Milstein Sellers & Toll LLP -
Kohn, Swift & Graf P.C. -
Quinn Emanuel Urquhart & Sullivan, LLP
-
Leading lawyers
-
-
David Boies -
Boies, Schiller & Flexner LLP -
Eric Cramer -
Berger & Montague, P.C. -
Michael Hausfeld -
Hausfeld LLP -
Megan Jones -
Hausfeld LLP -
Richard Koffman -
Cohen Milstein Sellers & Toll LLP -
H Laddie Montague -
Berger & Montague, P.C. -
Donald Perelman -
Fine Kaplan & Black -
Brian Ratner -
Hausfeld LLP - Hollis Salzman - Labaton Sucharow LLP
-
Stephen Susman -
Susman Godfrey LLP
-
David Boies -
Philadelphia-based Berger & Montague, P.C. represents plaintiffs in class action litigation throughout the US, and around a half of the firm’s 68 lawyers practice in this space. Practice co-chair Merrill Davidoff led the firm’s representation in Ross v Bank of America, in which it obtained final approval of the first settlements in the country over removal of arbitration clauses from cardholder agreements affecting over 100m consumers. The settlement came after five years of litigation involving claims that the defendant banks unlawfully colluded to require cardholders to arbitrate disputes and to preclude cardholders from participating in any class actions. Settlements were reached with four leading banks, namely Chase, Bank of America, Capital One and HSBC. The group also achieved success in Meijer v Abbott Laboratories, in which it represented a class of pharmaceutical wholesalers and pharmacies charging Abbott Laboratories with maintaining monopoly power and overcharging purchasers in violation of federal antitrust laws. The $52m class settlement was approved in August 2011. Eric Cramer was co-lead counsel on the matter. Practice co-chair H Laddie Montague is also recommended.
Boies, Schiller & Flexner LLP takes an uncommon approach for firms representing the plaintiff’s bar in that it also handles the defense of companies in antitrust cases and competition-related government investigations. Peers recognize the practice as ‘one of the best in the country’ and it continues to be involved in a number of high-stakes cases. It is acting for a class of plaintiffs in continued antitrust actions against Chinese vitamin C manufacturers involving allegations including collusion to limit production and price-fixing in the US. Manufacturers’ motions for summary judgment were denied in September 2011 and the case will now proceed to trial. Led by key name David Boies, it represented the NBA in an antitrust action, that alleged the lockout (which began in July 2011) constituted an illegal group boycott, as defined by the Sherman Antitrust Act. Washington DC-based William Isaacson and associate Christopher Hayes are also recommended.
Hausfeld LLP has ‘a deep and strong knowledge of the antitrust practice’, and is recognized as ‘among the very top’ firms in the space. Its 13-partner group is based in Washington DC, San Francisco, Philadelphia and also internationally in London. Recent highlights include acting as one of four co-lead counsel for the class in the cartel case, In re Air Cargo Antitrust Shipping Litigation, and securing $241m in related settlements during 2011 to add to the $128m secured in 2010, and $85m in 2009. It acted as one of the co-lead counsel in In re Vitamin C Litigation in which allegations of collusion and price-fixing were brought against Chinese manufacturers of vitamin C, which admitted the charge but brought an interesting defense by invoking the foreign sovereign compulsion doctrine. The US District Court for the Eastern District of New York denied defendants’ motions for summary judgment, rejecting the notion that the Chinese government was responsible for their conduct. The group has carved a niche in sports-related antitrust class action, with two currently pending, including In re NCAA Student-Athlete Name & Likeness Litigation. Brian Ratner ‘thinks strategically, is an excellent negotiator and has a solid foundation of substantive law’. Andrew Bullion, ‘powerhouse’ Michael Hausfeld and Megan Jones are also recommended.
Susman Godfrey LLP has a sterling reputation in antitrust class action, and is frequently appointed co-lead counsel in significant cases; it mixes representation of plaintiffs and defendants. Its experience encompasses monopolization claims, price-fixing and market allocation across numerous industries such as telecoms, healthcare and information technology. Plaintiff clients include Caldera and Masimo, whereas recent defendant clients include Aetna, Northwest Airlines and Picker International. It is acting as plaintiff’s co-lead counsel in Behrend v Comcast Corp, which was recently granted class certification after being affirmed on appeal before the Third Circuit. The case involves allegations that Comcast violated the Sherman Act by acquiring and swapping competitor cable companies in the Philadelphia area, allowing Comcast to overcharge its subscribers. Barry Barnett, Daniel Charest and Stephen Shackelford are leading this representation. Stephen Susman is also recommended.
Philadelphia-based Fine Kaplan & Black focuses exclusively on complex litigation, with antitrust being one of its core areas. The practice has a strong record in this area, having achieved large settlements in cases including In re Vitamins Antitrust Litigation (as a member of the plaintiff’s executive committee) and In re NASDAQ Market-Makers Antitrust Litigation (as co-lead counsel). It currently serves as co-lead counsel for a class of direct purchasers in the price-fixing MDL, In re Urethane (Polyether Polyols) Antitrust Litigation. A $55m settlement has been reached with one defendant, while litigation continues against the remaining defendants. Allen Black, Roberta Liebenberg and Donald Perelman are highly regarded.
Heins Mills & Olson, PLC is highly regarded for its ‘aggressive’ stance and ‘unfettered commitment to representation of the plaintiff’s bar’. As plaintiff’s co-lead counsel in Behrend v Comcast Corp, it achieved Third Circuit affirmation of a class certification order. It is also acting as co-lead counsel in Fond du lac Bumper Exchange v Jui Li Enterprise Company, an action in which the class of direct purchasers claims that defendants conspired to fix the supply and price of after-market automotive sheet metal parts sold to US customers. The Eastern District of Wisconsin denied defendants’ motion to dismiss and then rejected a motion for reconsideration in July 2011. Samuel Heins, Renae Steiner and Vincent Esades are recommended.
Labaton Sucharow LLP’s clients commend the practice for its ‘loyalty and determination’. It has ‘capable lawyers who understand the law and the process by which they can seek results for their clients, and do so ethically’, who are ‘uniformly excellent’ and ‘smart, careful and extremely diligent attorneys’. It is one of the four co-lead counsel in In re Air Cargo Shipping Services Antitrust Litigation, and has obtained $454m in partial settlements to date from airlines that allegedly engaged in a global conspiracy unlawfully to inflate air cargo prices. The case is ongoing against remaining defendants. It has also secured partial settlements in a number of other cases, including In re Aftermarket Automotive Lighting Products Antitrust Litigation; In re Flat Glass II Antitrust Litigation; and In re Food Service Equipment Hardware Antitrust Litigation. Practice co-chairs Bernard Persky and Jay Himes are recommended, and are respectively deemed to be ‘particularly impressive, thoughtful and smart’, and ‘an expert in antitrust and known in the industry’. Practice managing chair Hollis Salzman is ‘outstanding’ and ‘extremely intelligent with an uncanny ability to control situations to protect her client’. Kellie Lerner made partner in January 2012.
Zelle Hofmann Voelbel & Mason LLP has made its name in antitrust litigation, representing plaintiff classes as well as opt-out plaintiffs in these matters although it also handles defense-side work. The ten-partner team, which is based in San Francisco and Minneapolis, continues to represent clients in indirect purchaser cases including In re TFT-LCD (Flat Panel) Antitrust Litigation (as co-lead counsel), and DRAM Antitrust Litigation (as liaison counsel and a member of the plaintiff’s executive committee). Craig Corbitt and Francis Scarpulla are recommended, and Judith Zahid is noted as ‘one to watch’. Lindsey Davis and Jose Umbert made partner in January 2012.
Cohen Milstein Sellers & Toll LLP’s Washington DC and New York offices house its antitrust class action practice, which has built up a solid reputation by exclusively representing plaintiffs in antitrust class actions, having taken on cases challenging price-fixing conspiracies, monopolization schemes and market-allocation agreements, among others. It continues to act as co-lead counsel for the class of direct purchasers in In re Urethane Antitrust Litigation, with the claimants alleging that they were overcharged owing to a price-fixing and market-allocation conspiracy that ran from 1999 to 2004. Several defendants have settled: in May 2011, Huntsman International agreed to pay $33m; BASF’s $51m settlement agreement was filed with the US District Court for the District Court of Kansas in September 2011; and Bayer settled for $55m. Richard Koffman is recommended.
Kohn, Swift & Graf P.C. practices exclusively in class actions and complex commercial litigation. Its experience includes cases concerning unfair practices, monopolization, price-fixing, market allocation and group boycotts, among others. It is co-lead counsel for a proposed class of direct purchasers in In re Fasteners Antitrust Litigation, which is pending in the US District Court for the Eastern District of Pennsylvania. The plaintiffs allege the defendants conspired to fix prices and market allocation. William Prym GmbH & Co and affiliated defendants settled in 2010 for $1.1m and, in August 2011, the court denied the remaining defendants’ motion to dismiss. Joseph Kohn is recommended.
Quinn Emanuel Urquhart & Sullivan, LLP’s visibility in antitrust class action has increased since the arrival of practice head Stephen Neuwirth in 2006. Neuwirth was recently appointed as co-lead counsel for direct purchaser plaintiffs in In re Flexible Polyurethane Foam Antitrust Litigation. All of the defendants’ motions to dismiss were denied and the case is now at the discovery stage. It also continues to serve as co-lead counsel in In re Rail Freight Fuel Surcharge Antitrust Litigation. Harold Barza is also recommended for his expertise in antitrust matters.
Mass tort and class action: plaintiff representation – labor and employment
Index of tables
Mass tort and class action: plaintiff representation – labor and employment
-
1
-
Altshuler Berzon -
Lieff Cabraser Heimann & Bernstein, LLP -
Outten & Golden LLP
-
-
2
-
Goldstein, Demchak, Baller, Borgen & Dardarian -
Rudy, Exelrod, Zieff & Lowe, LLP
-
Leading lawyers
-
-
David Borgen -
Goldstein, Demchak, Baller, Borgen & Dardarian -
Eve Cervantez -
Altshuler Berzon -
James Finberg -
Altshuler Berzon -
Adam Klein -
Outten & Golden LLP -
David Lowe -
Rudy, Exelrod, Zieff & Lowe, LLP -
Michael Rubin -
Altshuler Berzon
-
David Borgen -
San Francisco-based Altshuler Berzon’s litigation practice is very much oriented towards worker and trade union representation, in addition to which it has strong constitutional law and appellate practices. Recent highlights include representing a class of drivers of airport shuttle vans in an appeal to the Ninth Circuit, which in November 2011 reversed a lower court’s decision to dismiss California employment law claims brought by a class of van drivers against SuperShuttle. The claims were based on the company’s allegedly unlawful misclassification of the drivers as independent contractors. It also represented a class of women and minority employees of US electronics retailer, Best Buy, in an employment discrimination class action lawsuit in US District Court for the Northern District of California. In November 2011, the judge granted final approval to a consent decree resolving the class action. The practice also achieved a victory for warehouse workers in an action at the US District Court for the Central District of California, in which the court issued a temporary restraining order (TRO) requiring three Inland Empire warehouse employers to comply with state and federal payroll record-keeping and disclosure laws. Founding partner Stephen Berzon is ‘the guiding force of the firm’, and is recommended along with James Finberg, Eve Cervantez, Stacey Leyton and Michael Rubin.
Lieff Cabraser Heimann & Bernstein, LLP’s 12-attorney practice handles claims including discrimination, wage-and-hour, worker misclassification and claims arising out of the Employee Retirement Income Security Act (ERISA). It continues to serve as co-lead counsel in Chen-Oster v Goldman Sachs, a gender discrimination class action brought against Goldman Sachs. It is also co-lead counsel in Calibuso v Bank of America Corporation, Merrill Lynch, in which female current and former financial advisors allege that Bank of America and Merrill Lynch engaged in systemic gender discrimination regarding career opportunities and other terms and conditions of employment. It is also involved in an ERISA class action, having been appointed as co-lead counsel to represent employees of RJ Reynolds Tobacco Company alleging that the employer breached its duty of prudence in administering the employee retirement plan. Group chair Kelly Dermody is recommended along with fellow San Francisco attorneys Daniel Hutchinson and Jahan Sagafi, as well as Rachel Geman in New York.
New York-headquartered Outten & Golden LLP has built up a strong reputation in labor law matters representing plaintiff employees at all levels, right up to senior executives and partners, and has a particular focus on multi-district litigation. Practice chair Adam Klein continues to serve as co-lead counsel in lawsuits challenging employment practices at Goldman Sachs, Bank of America Merrill Lynch and the Census Bureau. Klein is an expert in wage-and-hour class actions. The group recently received a favorable decision in a putative class and collective action filed against Ernst & Young alleging misclassification under the Fair Labor Standards Act and New York Labor Law and seeking lost overtime wages for the plaintiffs. The recent decision found an arbitration agreement that did not provide for class arbitration to be invalid. It also recently obtained class certification for plaintiffs in a sex discrimination case in the District Court of Connecticut: Easterling v State of Connecticut Department of Correction. The ruling drew a distinction between this case and its decision compared with the Supreme Court decision in Wal-Mart Stores v Dukes (the latter decision having brought challenges to class certification).
Wage and hour, disability rights and employment discrimination are key components of Goldstein, Demchak, Baller, Borgen & Dardarian’s labor law practice. It is co-lead counsel in a putative class action, Casas v Pacific Bell Telephone Company, in which it is acting for current and former Winback account executives in seeking recovery of unpaid overtime, premiums for missed meal periods and related compensation. It is also involved in Contreras v Bank of America National Association, a putative class action filed against Bank of America, in which plaintiffs allege the defendant failed to reimburse mortgage loan officers for business expenses and made unlawful deductions from wages. David Borgen and Teresa Demchak are key names in the practice.
Rudy, Exelrod, Zieff & Lowe, LLP is well regarded for employee representations in individual plaintiff actions or in class actions. The practice’s recent experience includes wage-and-hour class actions, discrimination and harassment cases, breach of contract and unpaid incentive compensation, and cases concerning family or medical leave, among others. The team achieved a $1.5m class settlement that was granted final approval by the Northern District of California to settle the overtime pay claims and related claims of Ulta Salons salon managers. It also secured a $5m settlement, approved by the Santa Clara Superior Court, on behalf of technical writers employed by Sun Microsystems. David Lowe and Steven Zieff are pivotal figures in the practice.
Mass tort and class action: plaintiff representation – pharmaceuticals and medical devices
Index of tables
- Mass tort and class action: plaintiff representation – pharmaceuticals and medical devices
- Leading lawyers
Mass tort and class action: plaintiff representation – pharmaceuticals and medical devices
-
1
-
Herman, Herman, Katz & Cotlar, LLP -
Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A. -
The Lanier Law Firm
-
-
2
- Burg, Simpson, Eldredge, Hersh, Jardine, P.C.
-
Seeger Weiss LLP
-
3
-
Ashcraft & Gerel LLP -
Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.
-
Leading lawyers
-
-
Andy Birchfield -
Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. - Michael Burg - Burg, Simpson, Eldredge, Hersh, Jardine, P.C.
-
Russ Herman -
Herman, Herman, Katz & Cotlar, LLP -
W Mark Lanier -
The Lanier Law Firm -
Mike Papantonio -
Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A. -
Michelle Parfitt -
Ashcraft & Gerel LLP -
Christopher Seeger -
Seeger Weiss LLP
-
Andy Birchfield -
Herman, Herman, Katz & Cotlar, LLP, in New Orleans, provides ‘service of the highest caliber’, and has built a sterling reputation in the mass tort and class action space. It is involved in significant multi-district litigation (MDL), not only in pharmaceuticals product liability but also toxic tort. The ‘highly skilled’ Leonard Davis continues to serve on the steering committee in the DePuy defective hip replacement MDL. It also has key appointments in various other MDLs, including In re Vioxx Products Liability Litigation; In re Propulsid Products Liability Litigation; In re Rezulin Product Liability Litigation, In re Phenylpropanolamine (PPA) Products Liability Litigation; and In re Diet Drugs Products Liability Litigation. Russ Herman and Stephen Herman are also highly recommended. Notably, of counsel Joseph Kott is a qualified neurosurgeon. Soren Gisleson was promoted to the partnership.
Levin Papantonio Thomas Mitchell Rafferty & Proctor, P.A. is commended for its representation of clients injured by defective drugs or devices. ‘Key name’ Mike Papantonio has a ‘wealth of experience’. Other key individuals include Timothy O’Brien, who continues to serve as lead counsel in In re Fosamax Products Liability Litigation and also acts as co-chair of the discovery committee in In re Yasmin and Yaz (Drospirenone) Products Liability Litigation. Of counsel Ben Gordon is also recommended, and recently won $2m compensation for his client in Gaghan v Hoffman-La Roche. He serves on the plaintiff’s executive committee in In re DePuy Hip Implant Litigation.
The Lanier Law Firm’s pharmaceutical liability practice group works closely with other teams in the firm, and has national capability through its offices in Houston, New York, Los Angeles and Palo Alto. Defense counsel praise the practice and founding partner W Mark Lanier for its ‘great track record’ and ‘commitment to the plaintiff’s bar’. It is handling a number of pharmaceutical litigation cases including matters relating to Fosamax, which is an osteoporosis medication linked to femur fractures, and litigation concerning medical devices such as DePuy hip replacement. The practice is currently litigating cases against the makers of transvaginal surgical mesh for serious complications. The FDA issued warnings in summer 2011 in relation to the surgical mesh following an increase in patient complaints and the US judicial panel on multi-district litigation is due to hold hearings in relation to the coordination of all such claims.
Burg, Simpson, Eldredge, Hersh, Jardine, P.C. attracts resounding praise recognizing it as ‘consistently being one of the top firms in the country handling pharmaceutical or medical device litigation, in particular mass tort cases’. It provides ‘outstanding response times, business acumen and industry knowledge’. The Denver office handles the majority of the firm’s mass tort and class action work, with support from its other offices in Cody, Wyoming, and Cincinnati, Ohio. Peter Burg is ‘a particularly strong and intelligent leader’ and shows ‘the ability to try cases when necessary and to settle cases for top value when settlement is clearly in the client’s best interest’. He is serving as a co-lead counsel in In re Gadolinium Based Contrast Agent Litigation, and is co-chair of the plaintiff’s steering committee and the executive committee. Seth Katz was appointed to the plaintiff’s steering committee in the DePuy hip replacement MDL. The practice is also heavily involved in the YAZ/Yasmin and Ocella MDL and the pending Fosamax litigation. Michael Burg and Seth Katz are ‘highly experienced, excellent attorneys in all phases of the mass tort and class action practice areas’.
Seeger Weiss LLP has a longstanding reputation in complex litigation, mass tort and class action with particular expertise in pharmaceutical cases. The ‘up-and-coming’ David Buchanan is liaison counsel in coordinated litigation proceedings including those relating to Accutane, DePuy hip replacements, gadolinium contrast dyes and Yaz/Yasmin. Founding partner Christopher Seeger sits on the plaintiff’s executive committee in the hip replacement litigation against Johnson & Johnson (parent company of DePuy Orthopaedics). The practice is also investigating the connection between Topamax and birth defects, following an FDA warning in March 2011.
Ashcraft & Gerel LLP has developed a national reputation for plaintiff representation in personal injury matters, particularly cases pertaining to pharmaceuticals and medical devices. It has six offices in Washington DC, Maryland and Virginia. Mass tort practice head Michelle Parfitt is highly regarded by opposing counsel and was recently appointed to the plaintiff’s steering committee, as well as science, discovery and expert committees in In re Gadolinium Based Contrast Agent Litigation. Plaintiffs allege that the use of gadolinium-based contrast agents (used in MRI scans) on patients with pre-existing renal issues may lead to the development of nephrogenic systemic fibrosis (NSF). Parfitt also sat on the plaintiff’s steering committee in In re Fosamax Products Liability Litigation and In re Ortho Evra Products Liability Litigation. James Green is also recommended.
Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.’s mass torts department has had success in the Vioxx, Bextra/Celebrex, Baycol, Rezulin, PPA and ephedra litigation, and continues to be appointed in significant MDL. Navan Ward is the practice’s lead attorney in the DePuy metal-on-metal hip implant litigation, having been selected to the plaintiff’s steering committee, and is also co-chair of the American Association for Justice’s litigation group for this matter. Ted Meadows sits on the plaintiff’s steering committee in the hormone replacement therapy (HRT) litigation, representing plaintiffs who were diagnosed with breast cancer allegedly as a result of taking Premarin, Provera and Prempro, manufactured by Wyeth Pharmaceuticals. The cases have been consolidated in the US District Court for the Eastern District of Arkansas, Western Division. In December 2011, three plaintiffs in the case were awarded a total of more than $72m. Andy Birchfield leads the practice.
Mass tort and class action: plaintiff representation – securities
Index of tables
Mass tort and class action: plaintiff representation – securities
-
1
-
2
-
Bernstein Liebhard LLP -
Grant & Eisenhofer P.A. - Kaplan Fox & Kilsheimer
-
Kessler Topaz Meltzer & Check, LLP -
Milberg LLP
-
-
3
-
Robbins Geller Rudman & Dowd LLP
-
Leading lawyers
-
- Max Berger - Bernstein Litowitz Berger & Grossmann LLP
- Thomas Dubbs - Labaton Sucharow LLP
-
Jay Eisenhofer -
Grant & Eisenhofer P.A. - Robert Kaplan - Kaplan Fox & Kilsheimer
-
David Kessler -
Kessler Topaz Meltzer & Check, LLP - Steven Singer - Bernstein Litowitz Berger & Grossmann LLP
- Lawrence Sucharow - Labaton Sucharow LLP
Bernstein Litowitz Berger & Grossmann LLP provides ‘excellent service, a very strong legal team, and highly skilled representation in very difficult cases’, and is ‘one of the best law firms for representing plaintiffs in federal securities class actions’. It is a prominent player in mortgage-backed securities litigation and recovered $315m for purchasers of Merrill Lynch securities. It also served as co-lead counsel in In re Wachovia Corp Securities Litigation, in which it was alleged that Wachovia failed to disclose and present accurate and complete information to investors in relation to its exposure to mortgage-based assets in its offering materials used to raise capital. In 2011, plaintiffs reached a settlement with all the defendants for a total recovery of $627m, which is subject to final court approval. Practice head Max Berger is ‘an excellent strategic thinker and highly skilled negotiator’ and Salvatore Graziano is ‘an excellent litigation attorney’. Gerald Silk and David Stickney are also recommended. Avi Josefson made partner in January 2011.
‘One of the top firms in the arena’, Labaton Sucharow LLP shows ‘a depth of experience and the ability to pursue complex securities class actions all the way to trial’. Clients also praise the practice’s ‘determination and engaged team of lawyers’. It recently served as lead counsel in two related securities class actions brought against Oppenheimer Funds (In re Oppenheimer Champion Fund Securities Fraud Class Actions), and certain officers and trustees of two funds (the Oppenheimer Core bond Fund and the Oppenheimer Champion Income Fund; In re Core Bond Fund). The plaintiffs alleged the funds were presented as safe and conservative but followed risky investment policies that resulted in investor losses. A settlement was reached between the parties: $52m in the former case, and $47m in the latter. The firm is also co-lead counsel in an action against Goldman Sachs regarding misleading and false statements relating to the sale of collateralized debt obligations. David Goldsmith is ‘well versed in securities litigation’; Christopher Keller is ‘approachable, extremely knowledgeable and prompt’; Joel Bernstein is marked by his ‘attention to detail, personal service and results’; and Michael Stocker is ‘a trusted source of information and advice’. Christine Azar is ‘a serious litigator’ and Lawrence Sucharow is also recommended.
Existing clients of Bernstein Liebhard LLP’s securities practice would ‘recommend the group for securities class action litigation without hesitation’: it ‘compares with the best in this area of law’ and provides ‘excellent representation in difficult and complex cases’. The firm exclusively represents plaintiffs in various types of complex litigation, securities class action being one of its focus areas. The firm also has expertise in shareholder derivative litigation and whistleblower cases. It is acting as co-lead counsel in In re Tremont Securities Law, State Law and Insurance Litigation, representing investors in the Rye Select and Tremont investment funds which were feeder funds into the multibillion-dollar Madoff Ponzi scheme. The plaintiffs alleged that the defendants issued false and misleading statements in the funds’ offering documents and other materials. The US District Court for the Southern District of New York approved the $100m-plus settlement in August 2011. Practice head Stanley Bernstein is recommended for his ‘excellent and persuasive performance in court, mediation and negotiations’, as is Jeffrey Haber for his ‘promptness in furnishing drafts’ and receptiveness to client concerns. Rebecca Katz, U Seth Ottensoser and Felecia Stern are also recommended.
Grant & Eisenhofer P.A. has a solid reputation in securities class actions, and also acts for plaintiffs in opt-out cases. It also has expertise in corporate governance and whistleblower cases. The group is currently acting for the Teachers’ Retirement System of Louisiana as lead plaintiff in a class action against Hollinger International, in which plaintiffs allege that the company filed false and misleading financial statements with the SEC. A preliminary settlement is awaiting court approval. The practice has also brought investor actions against companies such as Royal Dutch Shell and Daimler Chrysler. Jay Eisenhofer and Stuart Grant are recommended.
Kaplan Fox & Kilsheimer has a solid reputation, particularly for its representation of public pension funds, in securities class actions and individual cases, and has good geographical coverage with offices in New York, New Jersey, San Francisco, Los Angeles and Chicago. The group is co-lead counsel in In re Bank of America Corp Securities Litigation, and is the court-appointed co-lead counsel in Fannie Mae Securities Litigation, which arose from the financial collapse of the institution. Robert Kaplan and Frederic Fox are recommended.
Kessler Topaz Meltzer & Check, LLP is well regarded in this market, and it has a strong pool of younger partners who are ‘making names for themselves’. Highlights for the group include acting as co-lead counsel in In re Wachovia Preferred Securities and Bond/Note Litigation, in which the plaintiffs successfully recovered $627m, noted as one of the most significant recoveries from litigation arising out of the financial crisis. The team also acted as co-lead counsel in In re Satyam Computer Services, in which plaintiffs alleged that the company falsified numerous financial indicators including company profits, cash flows and bank balances. $150m was recovered on behalf of investors. Other key recent matters include involvement in the Bank of America, Pfizer and Morgan Stanley securities litigations. David Kessler is recommended.
Milberg LLP’s ‘overall level of service is outstanding’. It is ‘highly recommended’ by clients for its ‘outstanding response time’, ‘wide-ranging scope of knowledge’, and ‘great support team’. This New York firm’s securities fraud class action work is underpinned by expertise in related areas including shareholder derivative and transactional lawsuits, as well as relevant disciplines such as Supreme Court and appellate, bankruptcy and e-discovery. The firm staffs an in-house team of professional support services, including investigators, forensic accountants, financial and economic analysts. Recent instructions include being appointed lead counsel for three of the seven Oppenheimer Fund putative securities fraud class actions, namely: the New Jersey Municipal Fund class, the AMT-Free New York Municipal Fund class, and the Rochester National Municipal Fund class. Each of these alleges that the funds misled investors by claiming to adopt secure and conservative investment choices while actually pursuing risky investment strategies. In October 2011, the majority of the defendants’ motions to dismiss were denied, while it was held the plaintiffs had supplied enough facts to allege the funds’ disclosures were false and misleading. It also served as co-lead counsel in Bachman v AG Edwards & Sons, in which the Missouri Court of Appeals affirmed a $60m settlement in May 2011. Robert Wallner, Ariana Tadler, Michael Spencer and Matthew Gluck are recommended.
Robbins Geller Rudman & Dowd LLP is well versed in complex securities litigation and class actions. The firm recently opened a Chicago office, its eighth location nationwide, managed by Jim Barz, who was also one of the partners involved in the Motorola litigation (Silverman v Mortorola), alongside Tor Gronborg, Trig Smith and Susan Taylor. The plaintiffs obtained a $200m recovery in this securities fraud class action, which remains subject to final court approval. It was co-lead counsel in the Wachovia litigation, which saw a $627m settlement and in which the firm represented the City of Livonia Employees’ Retirement System, Hawaii Sheet Metal Workers Pension Fund and the investor class. Darren Robbins is recommended, along with the aforementioned partners.
Mass tort and class action: plaintiff representation – toxic tort
Index of tables
Mass tort and class action: plaintiff representation – toxic tort
-
1
-
Baron & Budd PC -
Weitz & Luxenberg PC
-
-
2
-
Motley Rice LLC -
Napoli Bern Ripka, LLP -
Richardson, Patrick, Westbrook & Brickman, LLC
-
Leading lawyers
-
-
Russel Budd -
Baron & Budd PC -
Robert Gordon -
Weitz & Luxenberg PC -
Perry Weitz -
Weitz & Luxenberg PC
-
Russel Budd -
Dallas-headquartered Baron & Budd PC has built a strong reputation nationwide in toxic tort multi-district litigation, and it has additional offices in Miami, Los Angeles and Baton Rouge to provide coast-to-coast coverage across the southern US. The firm has several groups that handle toxic tort: the water contamination litigation group, general litigation group and asbestos litigation group. Bruce Steckler serves on the plaintiff’s steering committee in In re Chinese-Manufactured Drywall Products Liability Litigation in the US District Court for the Eastern District of Louisiana, and in late 2011 a settlement was reached with one of the manufacturers of the defective drywall products. Other matters for the group include its involvement in In re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, a case in which Scott Summy serves on the plaintiff’s executive committee. Summy is also acting as lead counsel in a number of atrazine (groundwater contamination) cases. ‘Known name’ Russell Budd and Burton LeBlanc are also highly recommended.
Defense lawyers recognize Weitz & Luxenberg PC’s ‘particularly strong reputation’ in this space. It is renowned for asbestos cases and, in June 2011, it achieved a $22m asbestos verdict against Goodyear Tire and Rubber Co, and Goodyear Canada. The practice also encompasses a wide variety of environmental contamination matters including arsenic, benzene, lead poisoning, water contamination, and vapor intrusion, as well as the Deepwater Horizon Gulf oil spill. The firm has offices in New York, New Jersey and Los Angeles, and fields a number of strong names including Robert Gordon; of counsel Robin Greenwald, who heads the environmental and toxic tort practice; and associates Frank Ortiz and Lisa Nathanson Busch. Joseph Maher left the firm to set up his own practice.
Motley Rice LLC represents plaintiffs in individual cases, mass tort and class actions. The firm is headquartered in Charleston, South Carolina, and has several other offices. Its expertise includes occupational disease and toxic tort, such as asbestos and mesothelioma, and environmental contamination and lead poisoning cases. It is involved in the Deepwater Horizon oil spill litigation and also continues to represent military veterans against defense contractors, alleging injuries caused by prolonged exposure to burn pit emissions on military bases in Iraq and Afghanistan. The group has achieved successes in cases such as State of Rhode Island v Lead Industries Association and Oklahoma v Tyson Foods. Firm co-founder Joseph Rice has developed a track record in negotiating settlements with asbestos manufacturers emerging from bankruptcy. Name partner Ronald Motley, Anne McGinness Kearse, and John Herrick are also recommended.
Napoli Bern Ripka, LLP has a nationally recognized practice, which is reflected in it having offices across the country, including New York, New Jersey, Philadelphia (Pennsylvania), Coconut Grove (Florida), El Segundo (California) and Edwardsville (Illinois). Paul Napoli has been instrumental in a number of successes, including the settlement in In re World Trade Center Disaster Site Litigation, in which Napoli had been appointed plaintiff’s liaison counsel, and in In re MTBE (Methyl Tertiary Butyl Ether) Products Liability Litigation. In this latter case, Napoli helped to obtain a $50m-plus settlement with ExxonMobil and other defendants for numerous municipalities and water districts whose drinking water sources were contaminated. The group is also recognized nationally for its strength in plaintiff representation in personal injury and medical malpractice cases. Marc Bern is also recommended.
Richardson, Patrick, Westbrook & Brickman, LLC has expertise in complex dispute resolution across a variety of areas, including toxic torts such as those arising from environmental issues or asbestos, among others. It continues to concentrate on groundwater contamination cases involving vapor intrusion of trichloroethylene (TCE) and benzene into households. Jerry Evans and Gordon Rhea are experts in toxic exposure lawsuits. Michael Brickman is also recommended.
Product liability and mass tort defense: aerospace/aviation
Index of tables
Product liability and mass tort defense: aerospace/aviation
-
1
-
Condon & Forsyth LLP -
Cozen O’Connor - Morrison & Foerster LLP
-
Perkins Coie LLP
-
-
2
- Hogan Lovells US LLP
-
Holland & Knight LLP -
Nixon Peabody LLP -
Reed Smith LLP -
Schnader Harrison Segal & Lewis LLP
-
3
-
Adler Murphy & McQuillen -
Bryan Cave LLP - Jones Day
- Kirkland & Ellis LLP
- Sidley Austin LLP
-
Leading lawyers
-
-
Desmond Barry -
Condon & Forsyth LLP -
Steve Bell -
Perkins Coie LLP -
Patrick Bradley -
Reed Smith LLP - Thad Dameris - Hogan Lovells US LLP
-
John Dillow -
Perkins Coie LLP - James Huston - Morrison & Foerster LLP
-
Michael McQuillen -
Adler Murphy & McQuillen - Don Rushing3 - Morrison & Foerster LLP
-
Desmond Barry -
Condon & Forsyth LLP continues to operate at the forefront of the market. The firm’s involvement in litigation arising from the 9/11 terrorist attacks is well documented; it represents American Airlines in property damage and wrongful death cases in New York and acts as defendants’ liaison counsel between all defendants. This work is led by Desmond Barry, who is ‘a terrific person and terrific lawyer’. Other litigation recently handled by the firm includes that relating to the crashes of Sudan Airways Flight 109 in Khartoum, Sudan; Airblue Flight 202 in Islamabad, Pakistan; and Aeroflot-Nord Flight 821 near Perm in Russia. Embraer instructed the team in relation to a Henan Airlines ERJ-190 accident in China, and it also recently served as lead counsel for Colgan Air. The practice operates from offices on both coasts, and Frank Silane in Los Angeles ‘has a good following’. He recently obtained a decision at the US Court of Appeals for the Ninth Circuit, affirming the dismissal of two large class-action lawsuits pending against Aeromexico and Mexicana. The team, ‘a pleasure to work with’, also includes Christopher Christensen, Stephen Stegich, David Harrington, John Horenstein and Marshall Turner in New York, as well as Scott Cunningham and Richard Lazenby in Los Angeles.
Cozen O’Connor’s strong reputation is maintained by its substantial network of aviation experts across the US and abroad. It remains one of the market’s most active players, and recent instructions include a month-long arbitration for ExcelAire in London arising from a mid-air collision in Brazil in 1996. Other notable undertakings include defending clients in wrongful death suits relating to the bombing of PanAm Flight 103 over Lockerbie, Scotland, and advising TAM Airlines regarding an aircraft accident in 2007. It is assisting Learjet and Bombardier with e-discovery issues, such as how to preserve e-documents in the case of an accident, and litigation preparation. Other clients include Lycoming and Textron, Bell Helicopter, Hartxell Propeller, Raytheon and United Instruments. While mass torts in the commercial aviation industry are increasingly rare, the firm’s broad reach includes litigation arising from non-commercial accidents. It represents a number of insurers such as US Aviation Underwriters, and advises other aerospace-related clients such as Aero Kool and Jeppesen. Key lawyers in the group are litigation chair Ann Thornton Field in Philadelphia, Richard Dunn in Miami, and vice chairman of the firm Patrick O’Connor, who splits his time between Philadelphia and West Conshohocken.
Morrison & Foerster LLP is ‘a top-flight aviation firm’ with ‘great counsel’ and ‘a lot of depth’; one client notes that it has ‘provided a number of excellent attorneys over the years’. The San Diego-based practice is ‘widely recognized as one of the top aviation and product liability defense teams in the country’, and, as such, clients ‘value the advice and counsel highly’. It represented Honeywell in litigation in San Francisco arising from the crash of a special operations military helicopter in Afghanistan in 2007, obtaining summary judgment in 2010 for Honeywell based on the government contractor defense. In August 2011, the Ninth Circuit affirmed the decision. It continues to win repeat instructions from this client, advising it on matters including investigation and potential litigation arising from the crash of Air France Flight 447, a matter in which it also acted for the insurer. Other highlights included representing Alaska Airlines in a case brought by a group of first-class passengers who were removed from a flight in 2003: in May 2011, the firm succeeded in persuading the Ninth Circuit to overturn the Nevada federal court’s decision to grant summary judgment to plaintiffs. The case will be re-tried. The firm also acted for Cessna Aircraft Company in a series of cases arising from accidents involving Cessna Caravan 208 light aircraft flown in icing conditions. AirTrans Airways, Allianz, Amlin Aviation, Columbia Helicopters and Desktop Aeronautics are also clients. The ‘highly thought of’ Don Rushing is ‘smart, experienced, tenacious, and client-focused’, and ‘universally well respected in this arena’. James Huston, William O’Connor and William Janicki are also ‘very good at what they do’, and Erin Bosman is also recommended.
Perkins Coie LLP fields over 65 aviation litigation lawyers. The firm has a fine reputation, largely owing to its extensive work for key client Boeing. Recent mandates include representing the company in litigation arising from a Helios Airways aircraft crash in Athens, Greece, in 2005, in which 121 passengers and crew members died. The lawsuits were consolidated in the US District Court for the Northern District of Illinois and were dismissed on the grounds of forum non conveniens. Other work for Boeing includes litigation arising from the 160-fatality crash of a West Caribbean Airways MD-82 aircraft near Machiques, Venezuela, in 2005. Boeing also uses the firm for all litigation relating to helicopter crashes worldwide, and as a result the firm is defending it in three highly complex cases filed as a result of wartime crashes in Iraq and Afghanistan. It has played an active role in United States ex rel Smith v Boeing, in which three former Boeing employees allege that the company committed civil fraud in the sale of commercial derivative aircraft to the US government because 21 aircraft contained allegedly defective and non-airworthy fuselage parts. Other recent instructions came from Turbomeca, Intel and Honeywell. John Dillow heads the team from the Seattle office, which also includes the ‘very talented’ Steve Bell, as well as Bruce Campbell, V Woolston and recent recruit Michael Scoville, who previously served as an assistant US attorney.
Hogan Lovells US LLP represents many of the world’s largest airplane manufacturers in complex litigation and arbitration globally. The firm’s extensive international network provides a solid base for high-stakes cases involving multiple jurisdictions, and the firm’s regulatory practice is another positive. As national counsel for Airbus, the group was instructed when Air France Flight 447 crashed into the Atlantic Ocean while en route from Brazil to France in 2009. Plaintiffs, including two from the US, brought defect claims against the company as manufacturer of the aircraft and various components. It also represented the same client in separate litigations arising from the TAM Linhas Aeras Flight JJ 3054 crash at Congonhas Airport in Sao Paulo, Brazil, in 2007; and the crash of an Afriqiyah Airways Airbus A330 while attempting to land at Tripoli International Airport in Libya. Houston-based practice head Thad Dameris is ‘a super lawyer’.
Holland & Knight LLP wins positive reviews for its ‘sensitive, high performance and legal expertise’. The firm serves as lead US counsel for Air France in litigation arising from the crash of Air France Flight 447. The client was sued by lawyers acting for the estates of US passengers and as a defendant against third parties Airbus, Thales and Intel. All defendants moved for dismissal from US courts on grounds of forum non conveniens. Air France also moved to dismiss all claims against it on jurisdictional provisions of the Montreal Convention. The firm acted for Turkish Airlines in connection with the crash of Turkish Flight 1951 in Amsterdam in 2009. A US passenger who also claimed against Boeing filed one complaint against Turkish Airlines in Florida; the firm settled that case and the potential claims of all other US passengers onboard. It is lead counsel to UPS regarding the crash of a Boeing 747 cargo plane in Dubai in 2010. Other recent instructions include advising a business jet manufacturer in an investigation by the United States National Transportation and Safety Board (NTSB). Practice head Randal Craft is based in New York, alongside Alan Reitzfeld. Miami-based Lyndall Lambert is another key individual. All three are described as ‘highly qualified, very reliable, quick with responses, and sensitive to clients’ needs’.
Aerospace and aviation has long been at the crux of Nixon Peabody LLP’s product liability practice, and remains a robust area for the firm. The group includes civilian and military pilots, flight instructors, and lawyers with backgrounds in engineering, making it well placed to handle technical issues involved in sophisticated disputes. The team represented key client Eurocopter in a matter concerning whether an insurer could recover $25.5m in a contribution action arising from a helicopter crash. Other recent highlights include defending Socata in a product liability and negligence lawsuit arising from the crash of one of its airplanes during bad weather in Massachusetts that resulted in the death of all three passengers. The team has coverage on both coasts, with Joseph Ortego heading the New York practice and Brian Dalrymple and Stephen Johnson co-heading the San Francisco team.
Reed Smith LLP has a ‘very solid’ practice that ‘provides high quality, as well as reasonable value for money’. Highlights in 2011 included securing a defense verdict for Cirrus Design in Lidle v Cirrus Design, a wrongful death action brought following the crash of an airplane piloted by New York Yankees pitcher Cory Lidle and his flight instructor into a Manhattan apartment building in 2006. The firm is defending Rockwell Collins in mass tort litigation arising from the 2009 crash of Air France Flight 447, and is lead defense counsel to Continental Airlines concerning the 2009 crash of Continental Connection Flight 3407 near Buffalo, New York, that resulted in 50 fatalities. New York-based Oliver Beiersdorf is ‘a very solid attorney and provides great client service and value’. Princeton-based Patrick Bradley heads the practice.
Schnader Harrison Segal & Lewis LLP is ‘one of the go-to firms for litigation’, where ‘service is and always has been excellent in every respect’. It is regularly called upon for litigation relating to accidents, purchases and leases, and commercial actions relating to aircraft engines and components. The team can also call on the firm’s related expertise in insurance and regulatory matters, as well as corporate and finance matters. Recently it advised Leach International on litigation arising from the 154-fatality crash of a McDonnell Douglas aircraft on takeoff from Madrid-Barajas Airport; the client had manufactured and sold one of the components on the aircraft. Denny Shupe is ‘a skilled attorney with an excellent background in the technical disciplines associated with this field of litigation’. Ralph Wellington is also recommended. Both are based in Philadelphia.
Adler Murphy & McQuillen is ‘a really significant player’ in this sphere, despite operating out of a single office in Chicago. It regularly serves as national counsel for operators in dozens of jurisdictions and has a strong national trial practice. Clients include American Airlines, Great Lake Airlines, Kitty Hawk Air Cargo, Turkish Airlines and United Airlines. Noteworthy instructions in recent years have included the Space Shuttle Challenger disaster, a Beech 1900 runway collision in Illinois, an MD-80 accident in Arkansas, a Boeing 727 accident at Chicago O’Hare International Airport, and a Jetstream 31 accident at Raleigh-Durham International Airport. It has also defended aviation clients in high-profile wrongful death litigation arising from the deaths of Senator John Heinz, Senator John Tower and musician Stevie Ray Vaughan. James Murphy, Michael McQuillen and John Adler are recommended.
Bryan Cave LLP’s recent highlights include acting for Boeing and McDonnell Douglas in litigation arising from the crash of a Spanair MD-80 aircraft on takeoff in Madrid, Spain. Plaintiffs brought claims of wrongful death and personal injury in four US District Courts, seeking more than $1bn in damages. The firm obtained dismissal of more than 120 cases in 2011, under forum non conveniens. Chicago-based Jeffrey Morof and of counsel Douglas Winter in Washington DC were key lawyers in this litigation.
Jones Day’s practice is ‘very good’ with credit being given for ‘excellent communication, good knowledge’ and ‘a committed team on a par with more established aerospace practitioners’. Clients tend to entrust it with ‘matters of significant consequences’ such as aerospace litigation involving multiple plaintiffs or matters with large financial ramifications. The group was recently retained by Doncasters to oversee and draft post-trial motions following an adverse verdict in Missouri. The case arose out of an accident involving a skydiving aircraft in 2006. Following the firm’s involvement, a trial court granted the client judgment notwithstanding the verdict, holding that there was no evidence the company had knowledge of any alleged defect at the time the blade was sold. The company has appealed the compensatory damages award and the case is ongoing. Other recent work includes assisting two separate clients in negotiations with Boeing concerning components on a Boeing 787 Dreamliner aircraft. Boston-based Dana Baiocco is ‘very dedicated and thorough’. Other key practitioners include Thomas Fennell in Dallas, David Monde in Atlanta and Kevin Boyce in Cleveland. Each of the named attorneys is praised for ‘getting good results’.
Kirkland & Ellis LLP has recently been working for Boeing, defending it in litigation arising from an accident in the Netherlands in 2009, which involved nine fatalities and a number of severe injuries. The firm was involved in the accident investigation as well as acting as counsel for the sole defendant in litigation brought by 124 plaintiffs in Illinois. It also defended Boeing in litigation relating to a flight that veered off the runway during takeoff in Denver; and following the crash of a Marine Corps F/A-18 fighter jet into a family residence in California. The bulk of the practice is based in Washington DC, where Daniel Bress, Matthew Papez, Craig Primis and Edwin U are the key contacts. Chicago-based Michael Slade is also recommended.
Sidley Austin LLP has a strong product liability presence that includes aviation. The firm has represented GE in litigation arising from a Kenya Airways crash in Cameroon that claimed 114 lives in 2007, in which plaintiffs’ claims included alleged negligent design and manufacture of the aircraft and its components. The firm represented its client in removing the cases to federal court. When one of the cases was remanded back to state court, the firm successfully appealed to the Seventh Circuit against the remand order. As a consequence, the cases were dismissed on grounds of forum non conveniens. Lory Barsdate Easton is the key contact.
Product liability and mass tort defense: automotive/transport
Index of tables
Product liability and mass tort defense: automotive/transport
-
1
- Bowman and Brooke LLP
-
Wheeler Trigg O’Donnell LLP
-
2
-
Bryan Cave LLP - Campbell Campbell Edwards & Conroy P.C.
-
McGuireWoods LLP -
Shook, Hardy & Bacon LLP -
Snell & Wilmer LLP
-
-
3
-
-
Ballard Spahr LLP -
Hartline, Dacus, Barger, Dreyer L.L.P - Hogan Lovells US LLP
- Jones Day
-
Nelson Mullins Riley & Scarborough LLP -
Thompson Coburn LLP
-
Leading lawyers
-
- Brian Anderson - O’Melveny & Myers LLP
- James Campbell - Campbell Campbell Edwards & Conroy P.C.
- Paul Cereghini - Bowman and Brooke LLP
- Joel Dewey - DLA Piper LLP
- Vincent Galvin - Bowman and Brooke LLP
-
Warren Platt -
Snell & Wilmer LLP -
Chris Spencer -
O’Hagan Spencer LLC -
Malcolm Wheeler -
Wheeler Trigg O’Donnell LLP
Bowman and Brooke LLP is ‘outstanding from top to bottom’: ‘a unique boutique’ and ‘a clear leader in automotive tort defense’. It is also ‘terrific in individual cases of significance’. With product liability expertise at the core of the firm, its extensive client list includes many of the most recognizable names in the industry. Among the more cogent matters currently being handled, it is serving as lead defense counsel for Toyota in all personal injury and wrongful death cases in the highly publicized ‘unintended acceleration’ litigation. The firm has been instructed as one of the lead trial counsels in the class actions, is among the regional trial counsels for the individual cases and is managing the related written discovery program for these matters. It also represented Toyota in a two-month catastrophic injury trial involving a Corolla vehicle. The team recently obtained a verdict in favor of Yamaha and its dealer in a case involving the death of a child following the crash of a Yamaha Rhino; plaintiffs had sought $20m in damages, alleging that defects caused the vehicle to overturn. Acting for Ford, the firm obtained a unanimous defense verdict in a case arising from a single-vehicle crash; the plaintiff claimed that the belt restraint system was defective and caused neck injury and permanent paralysis, requesting $27m plus punitive damages. Vincent Galvin in San Jose is one of the key representatives for Toyota and ‘a very good lawyer’. Phoenix-based Paul Cereghini is ‘an outstanding trial lawyer’ who instills in clients ‘much confidence in his courtroom strength’. Joel Smith in Columbia and David Kelly in Minneapolis are also recommended. The firm opened its new Dallas office by recruiting the talented Kurt Kern, J Karl Viehman and David Stone from Hartline, Dacus, Barger, Dreyer L.L.P.
Product liability is one of Wheeler Trigg O’Donnell LLP’s flagship practices and clients routinely entrust it with ‘significant matters’ and have ‘high respect’ for it. Principal clients include Ford; in Shanel v Ford, the plaintiff brought tort, punitive damage and Consumer Credit Protection Act claims against the client, based on the alleged sudden and unintended acceleration of a 2005 Grand Marquis that resulted in a crash with injuries. The team obtained a defense verdict when the jury concluded the crash was the result of driver error. Other recent wins included acting for Nissan in a seven-week trial in which it was alleged that the seat system in its 1993 240SX was defective leading to the plaintiff being rendered quadriplegic in a crash with a truck. Other clients include Kubota Tractor, Toyota and Cooper Tire & Rubber. Malcolm Wheeler is ‘certainly a leader in this area’. Edward Stewart and John Trigg are also recommended.
Bryan Cave LLP continues to be a strong force in the automotive sphere, recently winning instructions from Enterprise Rent-A-Car, as well as settling two substantial pre-trial cases for Mazda. Other key instructions included defending Evenflo in a case involving the death of a child in one of its carseats as a result of a collision. The child’s parents claimed the seat did not provide adequate protection. The group obtained a defense verdict for American Railcar in a wrongful death case in Arkansas that involved a fatal truck accident on an access road at the client’s plant. The client was exonerated from liability because the employee was not on duty at the time of the accident. Bettina Strauss heads the department, which also includes Dan Ball and Peter Herzog.
Rising in the ranking is Campbell Campbell Edwards & Conroy P.C., which continues to receive rave reviews. It is ‘superb on all fronts, from responsiveness to excellence in the courtroom’, and is repeatedly hailed as ‘an outstanding firm’. It typically focuses on complex cases, eschewing the high-volume approach, and it ‘does a great job of seeing the big picture for the client while striving to be on the same page from a strategy and cost perspective’. It recently acted for the defendant in Knoster v Ford, a case alleging that a defect in the speed control system of a 1993 Ford Taurus caused death by a motor vehicle accident. It obtained a verdict in favor of the client despite the fact that the trial took place at the height of media concerns over ‘unintended acceleration’ incidents. James Campbell is ‘one of the great trial attorneys practicing today’, of whom one client noted that ‘there is little if anything in a product liability suit that he has not encountered and about which he cannot provide sound legal counsel’. The rest of the team, in particular Richard Campbell, also attracts positive feedback. The practice is based predominantly in Boston with additional partners in Philadelphia and New Jersey.
McGuireWoods LLP’s ‘great’, ‘always efficient’ practice has ‘a deep bench of good attorneys at all levels’. The firm is a trusted adviser to Ford, acting for it as national trial, class action and appellate counsel throughout the country. It recently defended this client in numerous wrongful death actions; one alleged that an air bag system on a Ford F-150 was faulty, and another that a defective splash shield resulted in a small post-collision fire that spread into the occupant compartment of the vehicle. Another claim alleged that the plaintiff contracted mesothelioma from exposure to asbestos from the company’s brake products. Other matters included a wrongful death and strict liability case involving a leakage, which caused a fire to erupt. Plaintiffs argued that the leakage was of gasoline, while the defense theorized either motor oil or transmission fluid. A unanimous defense verdict was reached. Richmond-based Tracy Walker and Sam Tarry both ‘do a fantastic job’.
As one of the biggest names in product liability, Shook, Hardy & Bacon LLP often wins instructions from top names in the automotive industry. It serves as special trial counsel for Ford, and as trial counsel for Kia, and other clients include Isuzu, Mercedes-Benz, Mitsubishi and Toyota. It recently represented a mid-size commercial and school bus dealer in litigation arising from a tour bus accident in Arizona. The bus overturned resulting in seven deaths and several injuries, and plaintiffs alleged defects and lack of seat belts. It also defended Daimler Trucks in product liability litigation involving a number of children claiming injuries from a bus accident, and is acting as product liability counsel to automotive supplier Magna International. Practice chair Robert Adams is based in Kansas City.
Snell & Wilmer LLP ‘has a number of significant trial lawyers’, and is elevated in the ranking to reflect an increasingly favorable market perception. It has a notable niche in cases relating to boats, where it has acted for clients including Brunswick Boat Group, Mercury Marine and Searay Boats, as well as handling matters relating to land-based vehicles, where representations have included Caterpillar, General Motors and Land Rover. It is currently advising Ford on numerous high-profile matters. The department is co-headed by Phoenix-based Vaughn Crawford and Warren Platt and also includes key attorneys Robert Gibson in Orange County and Timothy O’Neill in Denver.
DLA Piper LLP counts Porsche among its clients, for which it acts as national counsel in all automotive asbestos litigation as well as other matters. Examples include defending it in a consumer class action relating to Xenon headlights on sports cars and sport utility vehicles, and separate actions relating to engine configurations in its flagship Porsche 911 model. Toyota recently instructed the firm to serve as regional trial counsel in personal injury claims concerning issues of alleged unintended acceleration in its vehicles. The team’s role involves primary responsibility for individual cases in several states, as well as being part of the broader litigation management process required to address the influx of similar cases filed as the result of extensive media and Congressional scrutiny. Philadelphia-based William Kiniry Jr and San Diego-based Christopher Young are recommended.
King & Spalding LLP’s finesse includes strong trial capabilities and a nationally renowned appellate practice. It is representing a large shipping and logistics company in catastrophic personal injury and wrongful death cases across the US, a mandate which entails defending the company’s actions involving its vehicles and personal injury and property actions involving its air cargo operations. The practice recently obtained a trial victory for the same client in a case brought by a passenger on a motorcycle involved in a collision with a company package car in Alabama. The driver was killed and the passenger suffered catastrophic injuries. The team has also been defending Toyota in individual product liability lawsuits involving claims of defects variously relating to air bags, seatbelts, rollovers, unintended acceleration and overall crashworthiness. It continues to represent General Motors (New GM) in cases involving claims against corporate affiliates not affected by the bankruptcy. The Atlanta-based practice includes Chilton Varner, Andrew Bayman, Philip Holladay, Randy Bassett, Harold Franklin, Halli Cohn and Robert Friedman.
O’Melveny & Myers LLP has acted for Ford for a number of years, including defending it in the Bridgestone/Firestone controversy over unusually high rates of tire failure in some of its vehicles. It is currently defending Ford in a number of class actions involving claims that certain engines in its vehicles contained defects, resulting in poor air conditioning and engine performance. Previous work for the company has included defeating attempts to certify nationwide classes in Walsh v Ford, Bronco II Products Liability Litigation and re Ford Motor Co Vehicle Paint Litigation. Washington DC-based Brian Anderson is the attorney leading the current workload for Ford.
At Ballard Spahr LLP, ‘the level of service is exceptional, largely because the attorneys know the industry and are excellent trial advocates’. In addition to litigation, the group regularly advises clients on risk management and litigation avoidance. The group recently acted for AM General on the launch of its MV-1 vehicle, providing pre- and post-production risk management advice, and has been appointed national counsel for any litigation that may arise. It continues to defend Subaru in multi-district litigation (MDL) involving a group of manufacturers and OnStar, which allegedly defrauded millions of purchasers by failing to disclose that OnStar’s analog telecoms equipment would become obsolete upon the FCC’s enabling of wireless carriers to drop analog services. Additionally, the firm is part of Goodyear’s national trial team and continues to act for Kia. Practice leader Neal Walters, based in New Jersey, is ‘practical, pragmatic and bright’. He is ‘excellent at trial, with sound, reasoned, mature judgment’, and ‘consistently achieves the desired results’.
Hartline, Dacus, Barger, Dreyer L.L.P is ‘an impressive boutique’, and ‘a household name’ in its native Texas, where it operates out of offices in Dallas, Houston and Corpus Christi. Product liability is one of the firm’s core practices and it predominantly acts for manufacturers. It represented Nissan in relation to a proposed consumer fraud class action alleging that the company delayed the correction of erroneous marketing which claimed the Altima vehicle model was fitted with an anti-lock braking system. It has received other instructions from BMW, Kia, Mazda, Mercedes-Benz, Mitsubishi and Subaru. However, the firm recently suffered a blow when key partners including Kurt Kern, J Karl Viehman and David Stone moved to Bowman and Brooke LLP to open its Dallas office.
Hogan Lovells US LLP has been instructed by several significant industry names, including Hyundai, which it represented in a class action alleging that it failed to disclose that the front passenger airbag system in a large number of vehicles purportedly fails to detect the presence of relatively small adults. Plaintiffs asserted consumer protection and warranty-related claims, all of which were dismissed. Other instructions for Hyundai included a proposed class action relating to breach of express warranty and claims under the California Consumers Legal Remedy Act and California Unfair Competition Law. Plaintiffs alleged that the defendant failed to disclose facts concerning an allegedly defective subframe. Michael Kidney, based in Washington DC, is the main contact.
Jones Day’s credentials include acting as lead and coordinating counsel for key client Yamaha, which it has defended in numerous cases arising from accidents involving its Rhino off-road vehicle. Multiple offices across the US are handling this mandate. In 2011, one of the cases resulted in a defense verdict after evidence was shown at trial to demonstrate that the Rhino is a safe vehicle when used responsibly. The firm was also recently instructed by Mazda, while another client asked it to investigate and draft a response to a petition filed with the National Transportation and Safety Board by the United Transportation Union’s national legislative office. John Goetz and Paul Pohl are renowned practitioners.
Nelson Mullins Riley & Scarborough LLP represents various clients including vehicle, tire and component manufacturers. It has acted for Michelin in personal injury and wrongful death claims arising from alleged tire failure, and has been involved in numerous vehicle crashworthiness claims. It acted as lead appellate counsel for Ford in Watson v Ford, in which the South Carolina Supreme Court reversed an $18m jury verdict and entered judgment for Ford. Huntington-based Marc Williams, Robert Massie and Melissa Foster Bird are recommended.
Thompson Coburn LLP is a ‘good and steady firm’ that counts Honda, Kawasaki and American Commercial Lines among its clients. Standout instructions of late included obtaining a complete defense verdict at trial for Yamaha in a wrongful death case involving a personal watercraft. Thomas Jayne recently moved in-house, but Rick Mueller in St Louis and David Duffy in Chicago are strong options.
Product liability and mass tort defense: consumer products (including tobacco)
Index of tables
Product liability and mass tort defense: consumer products (including tobacco)
-
1
-
Arnold & Porter LLP - Jones Day
-
Shook, Hardy & Bacon LLP
-
-
2
- Chadbourne & Parke LLP
-
Dechert LLP -
Goodwin Procter LLP - Morrison & Foerster LLP
-
3
- Kirkland & Ellis LLP
- Latham & Watkins LLP
- Sidley Austin LLP
-
Skadden, Arps, Slate, Meagher & Flom LLP -
Wheeler Trigg O’Donnell LLP
-
-
Simpson Thacher & Bartlett LLP - Winston & Strawn LLP
-
Leading lawyers
-
- Michael Davis - Sidley Austin LLP
- Thomas Fennell - Jones Day
-
Forrest Hainline -
Goodwin Procter LLP -
Frank Kelly -
Shook, Hardy & Bacon LLP - Andrew McGaan - Kirkland & Ellis LLP
-
Kenneth Parsigian -
Goodwin Procter LLP -
Kenneth Reilly -
Shook, Hardy & Bacon LLP - Donald Strauber - Chadbourne & Parke LLP
- Dan Webb - Winston & Strawn LLP
-
Malcolm Wheeler -
Wheeler Trigg O’Donnell LLP
Arnold & Porter LLP is repeatedly described as a ‘really great’ firm and its product liability defense team is highly respected. It has a longstanding reputation as trusted adviser to clients such as Philip Morris USA, which it is defending against state-wide ‘light cigarettes’ class actions alleging unfair business practices and claims relating to the Consumer Protection Act. Plaintiffs have voluntarily dismissed a majority of the remaining cases. It also acts for the company in Engle progeny litigation, playing a leading role in developing and executing legal, case management, and trial strategy. Other recent instructions include defending Frito-Lay against groups alleging failure to provide consumers with a California Proposition 65 warning for the chemical acrylamide in various snack foods, and in a separate matter alleging failure to warn of lead in its vitamin supplements. The group’s co-heads are Philip Curtis in New York and Eric Rubel in Washington DC. Trenton Norris was instrumental in the Frito-Lay litigation; he heads the firm’s San Francisco and Silicon Valley offices.
‘A large firm with a solid practice in this area’, Jones Day has ‘good coverage across the US’ and provides ‘good value for money’. It is a prominent practice in ongoing tobacco litigation, and its caseload in 2011 included successfully defending RJ Reynolds in a number of prominent matters, including the Engle progeny case, Toni I Junious v RJ Reynolds, and wrongful death actions such as Hargroves v RJ Reynolds. Mattel is another key client, which instructing the group on a range of federal, state and foreign lawsuits and regulatory actions arising from voluntary recalls of certain toys. The Canadian class actions were settled recently; the firm also advised Mattel on domestic and foreign government investigations following voluntary recalls. One of the key strengths of the group is the large size of its team of experts. This ‘excellent’ line-up of ‘great’ attorneys notably includes Thomas Fennell in Dallas, Peter Biersteker in Washington DC, Stephanie Parker in Atlanta and John Walker in Atlanta. Paul Pohl leads the business and tort litigation group in the US.
Undoubtedly one of the beacons of the product liability world, Shook, Hardy & Bacon LLP continues to be a key presence in tobacco litigation. As well as defending key client Philip Morris USA in a number of Engle progeny cases, it represented it in the first ever tobacco litigation trial in Alaska, obtaining a defense verdict in the company’s favor in Hunter v Philip Morris USA. The firm has a lead coordinating role for Philip Morris USA and Lorillard in the Broin progeny litigation, a group of approximately 2,600 cases in Florida. Additionally, it acts for both companies in individual smoker cases filed in a number of states. Outside of tobacco, it has acted for Tyco, Coca-Cola, Hallmark and Sprint. Gary Long chairs the firm’s global product liability group from Kansas City, where Walt Cofer, Stanley Davis and John Sherk are also based. Other recommended attorneys include Kenneth Reilly and William Geraghty in Miami, and Frank Kelly and Lucy Mason in San Francisco.
Chadbourne & Parke LLP is widely renowned for tobacco litigation, and has a longstanding relationship with British American Tobacco (BAT). In 2011, the firm secured a victory for the client in the US government’s civil lawsuit under the Racketeer Influenced and Corrupt Organizations (RICO) Act, against all the major US tobacco companies and BAT, the only foreign defendant in the case. The court of appeals ruled that the government could not obtain disgorgement of past profits, and could only obtain injunctive relief. Another longstanding client is Jim Beam, which the firm is defending in multiple statewide and nationwide consumer fraud class actions, where plaintiffs allege the advertising and marketing campaign for Skinnygirl Margarita is false and misleading, as the label bears the words ‘all natural’ but the product contains a preservative. Other clients include Samsung. The practice is based in New York and headed by Gregory Loss. David Wallace and Thomas Riley are also key attorneys in the team.
Dechert LLP’s key clients include Philip Morris USA, for which it achieved a defense verdict in 2011 in City of St Louis v American Tobacco, in which plaintiffs had demanded some $455m from six tobacco companies for services provided to non-paying patients for tobacco-related illnesses. Other recent highlights include representing Google in consumer class actions concerning the Nexus One Smartphone and its alleged failure to connect to 3G wireless networks. This nationwide case saw plaintiffs assert claims based on consumer protection statutes and breach of implied warranty. The firm also acts for clients outside of traditional manufacturing, including recently representing John Hancock regarding a class action filed by two hospital workers against their employer relating to an employee benefits scheme that allegedly violated Utah statutory requirements. Sean Wajert in Philadelphia, and ‘great lawyer’ Ezra Rosenberg in Princeton are key figures in the team. Other names to note are Steven Weisburd in Austin and Joseph Escher in San Francisco, as well as Ben Barnett in Philadelphia, who was recently appointed head of the practice. In 2012, the highly rated Diane Sullivan moved to Weil, Gotshal & Manges LLP in New York.
Goodwin Procter LLP is a well-established name for tobacco litigation. In 2011, it defended Philip Morris USA against claims for compensatory and punitive damages under the Massachusetts Wrongful Death Act; the case, Haglund v Philip Morris USA, was the first of its kind to go to trial in the state. The firm also received several instructions from Philip Morris International including the City of St Louis litigation, a case filed by 57 hospitals against the tobacco industry in which they sought more than $7bn in healthcare costs; and the Quebec class actions as international coordinating counsel. The firm is a trusted adviser to Herbalife, which it regularly advises on international claims and regulatory and risk management issues. Other mandates in 2011 included defending Campbell Soup in a botulism poisoning case in Nevada, with plaintiffs agreeing to a settlement. Boston-based practice chair Kenneth Parsigian is ‘a class act’, and Forrest Hainline is also highly recommended.
Morrison & Foerster LLP’s expertise lies outside the tobacco litigation space; it has experience across a range of consumer product sectors for an impressive client roster that includes Costco, Lucasfilm, Mattel, Kraft Foods, Starbucks and Sears. It is currently defending members of the Grocery Manufacturers Association, including Coca-Cola and Del Monte, against allegations that certain products expose consumers to lead levels that require warning or disclosure. Monier has instructed it in a class action alleging that concrete roofing tiles were falsely advertised as “lifetime” as it was not disclosed that weathering would cause them to lose color; plaintiffs are seeking aggregate damages of more than $450m plus punitive damages. The firm is representing a coalition of US coffee producers in responding to claims based on the presence of acrylamide in coffee products. Additionally, it is acting for General Mills, Kellogg USA and Post Foods in acrylamide litigation. In San Francisco, Penelope Preovolos is well known the consumer technology and electronics fields and Michèle Corash is also highly regarded, and Linda Lane in San Diego is considered the go-to attorney for counseling advice and risk assessments. Practice group head Erin Bosman is also in San Diego.
Kirkland & Ellis LLP has a long-established reputation in this space, exemplified through solid client relationships with Honeywell, BAT, Brown & Williamson and RJ Reynolds. The firm is defending the former in a False Claims Act case brought by the US Department of Justice (DOJ) alleging that it made defective body armor sold to law enforcement officers. For the latter three, a defense verdict was obtained in 2011 following 12 years of litigation in which 61 Missouri hospitals sought to recover some $4bn in uncompensated smoking-related healthcare costs. The team’s ‘solid’ practice head Andrew McGaan played a key role in the victory. Other successes have included defending Motorola against claims that cell phone use causes brain damage. McGann is located in Chicago and has taken up the leadership role following the departure of Stephen Patton, who left to serve as the City of Chicago’s corporate counsel. Other key team members Eugene Assaf, Michael Jones, Jennifer Levy and Craig Primis are based in Washington DC.
Latham & Watkins LLP provides an ‘excellent service’ using a ‘small and focused team approach’, producing ‘timely and prompt responses to questions and concerns’, and ‘sound strategy and consistent tactical execution’. It has recently been acting for Aurora Organic Dairy, Costco, Safeway and Wal-Mart in an MDL alleging that the defendants misrepresented the manner in which organic milk was produced. The firm continues to represent mobile marketing and advertising agency ipsh!net in a class action suit filed under the federal Telephone Consumer Protection Act (TCPA) claiming damages for almost $90m. Other clients include the tobacco manufacturers Swisher International and Swedish Match in an action in Florida alleging that smokeless tobacco products cause oral cancer. The case was initially brought as a state-wide class action but now only a single individual’s claim remains. Chicago-based Mark Mester is ‘an excellent communicator and strategic thinker’. Robert Howard and Christine Rolph lead in San Diego and Washington DC, respectively.
Sidley Austin LLP’s robust practice handled a variety of matters in 2011 including representing Taco Bell in a class action challenging its claims about the seasoned beef used in many items on its menu. The charges were exposed as factually incorrect and the case was voluntarily dismissed before the court heard any motions. The firm is defending Owens Corning against a nationwide class action concerning 18 types of roofing shingles marketed over the past 25 years. Summary judgment was secured for the client, but the case is ongoing after an appeal by plaintiffs. Other recent clients include Synutra International, which instructed the group following allegations from more than 100 Chinese citizens that its infant formula, produced by a subsidiary of the Maryland-based defendants, was contaminated with melamine. Dial, a subsidiary of Henkel, has instructed the firm following class action lawsuits filed by individuals alleging that Dial Complete, an antibacterial handwash, was deceptively marketed. Tyson Foods and Rollins Orkin are also clients. Chicago-based practice chair Michael Davis is ‘clearly one of the leading lawyers in the market’. Kara McCall in the same office has extensive litigation experience and is actively involved in consumer fraud cases.
Skadden, Arps, Slate, Meagher & Flom LLP continues to go from strength to strength, and in Sheila Birnbaum and John Beisner, in New York and Washington DC respectively, it has two lawyers with enviable reputations. In 2011, the group assumed a growing role in defending Philip Morris USA in an array of tobacco-related matters. These include serving as co-lead counsel in ‘lights’ cigarette proceedings, being part of a team that obtained denial of a motion to certify a class of California smokers seeking medical monitoring and handling a number of monitoring class actions. The team also defeated a bid to force a recall of thousands of Electrolux washing machines after it was alleged that front-loading washers are unreasonably prone to develop mold and mildew. It was found that state laws were too varied to permit class treatment. Jessica Miller in Washington DC is recommended.
At Wheeler Trigg O’Donnell LLP, ‘the service is exceptional in all areas’ including ‘response times, legal and business acumen and strength and depth of the team’. Product liability and mass torts are central to this firm’s existence, and it has achieved national respect and prominence despite operating out of a single office in Denver. Malcolm Wheeler is recommended for his ‘practical and well-reasoned strategic thinking’ and ‘business savvy’; his ‘overall case management makes working on the most challenging matters as stress-free as possible’. It is defending Crocs in a matter alleging that foot injuries were sustained as a result of defective shoe design. It acts as national trial counsel for Whirlpool in class action and product liability litigation involving appliances. Sears is also a client. Wheeler, John Trigg, Julie Walker and Michael Williams are recommended.
DLA Piper LLP’s ‘excellent’ product liability team has a longstanding relationship with Lorillard, for which it is acting in consumer fraud and personal injury litigation, and in 2011 successfully tried to verdict one of the Engle progeny cases in Florida. The firm continues to advise Menu Foods following a pet food recall of 2007, as the settlement that was reached has been appealed. In a separate instruction from the same client, the firm acted in a class action concerning the ‘Made in the USA’ label on pet food that contained wheat gluten from China. Other recent instructions for the client include a class action alleging false advertising and violation of consumer protection statutes. Another client is John Deere, which the firm represented in a matter alleging that certain equipment was negligently designed or breached warranties. The practice group chairs are Loren Brown in New York, William Kiniry Jr in Philadelphia, and Christopher Young in San Diego. Washington DC-based Stephen Mysliwiec is ‘knowledgeable, thorough and persuasive’.
According to clients, Greenberg Traurig LLP is ‘a firm that we have complete confidence in’ and ‘the service is very good across the board’. Representing Canon USA, it recently defeated class action certification relating to inkjet printer cartridges and secured the dismissal of two similar nationwide class actions against the client. As one of Lorillard’s trusted advisers, the firm has been assisting it in a case challenging requirements for tobacco products to prominently display large signs containing graphic, color images of diseased or decayed organs with the words, ‘Quit Smoking Today’. The team has previously defended the company in a number of nationwide class actions. Alan Mansfield in New York is ‘brilliant and has an amazing ability to analyze cases and situations’, is ‘very good with judges and opposition lawyers’, and ‘would appeal to a jury almost anywhere’. Other key names to note are the practice co-chairs, Chicago-based Francis Citera and Miami-based David Ross.
King & Spalding LLP has a strong track record in defending tobacco product claims which span class actions, mass actions and individual cases across the US. For example, it acted for RJ Reynolds in Engle progeny litigation in Miami, obtaining a complete defense verdict on the plaintiff’s wrongful death claim when the jury found that the decedent’s smoking was not the cause of his death. The firm is handling a number of other mandates for the same client, including recently acting as lead counsel in West Virginia mass litigation which was declared a mistrial shortly after commencing in 2011. Jeff Furr and Ursula Henninger in Charlotte are key figures, along with Ray Persons and Richard Schneider in Atlanta.
Simpson Thacher & Bartlett LLP covers a broad range of product liability matters, often acting as national coordinating counsel in high-stakes litigation. It has particular experience in defending alcoholic beverages companies, with previous achievements including dismissals of nine class actions filed against Heineken and other manufacturers, alleging that certain alcohol marketing targeted underage consumers. The firm also advises Brown-Forman, owner of the Jack Daniels brand, Finlandia Vodkas and Sonoma Cutrer Wines, among others. Additionally, it represents groups such as the International Center for Alcohol Policies. Seagram is a longstanding client. It has also acted for Pinnacle Foods Group. David Ichel and Mary Elizabeth McGarry in New York are the key names to note.
Winston & Strawn LLP’s clients laud its practice as being ‘100% satisfactory’ for ‘consistently high work product in all respects’. One key client is Philip Morris USA, which the firm recently defended in the Engle progeny case, Andy Allen v Philip Morris USA. Other instructions included a consumer fraud class action in Missouri Circuit Court in which plaintiffs alleged that by representing ‘light’ cigarettes as having a lower tar and nicotine content than regular cigarettes, and by selling said cigarettes, it violated the Missouri Merchandising Practices Act. LG Electronics also called upon the group as a potential indemnitor to General Electric (GE) in a national class action involving a putative class of more than 40 million purchasers of microwave oven products made by LG and sold under the GE brand. Dan Webb is a ‘go-to lawyer’ and widely renowned for his trial expertise, as is George Lombardi, who is ‘just a phenomenal first chair trial lawyer – the kind you would be comfortable with in any jurisdiction no matter the stakes’. He is ‘a simply awesome lawyer’. Lombardi is also praised for his ability to master complex issues and for his calm yet forceful style. Other recommended attorneys include Thomas Frederick and Washington DC-based John Moss, who has ‘experience, insight, good communication skills and an understanding of client needs’. All named lawyers are based in Chicago except where stated otherwise.
Product liability and mass tort defense: pharmaceuticals and medical devices
Index of tables
Product liability and mass tort defense: pharmaceuticals and medical devices
-
1
-
Dechert LLP -
Kaye Scholer LLP -
Reed Smith LLP -
Shook, Hardy & Bacon LLP - Sidley Austin LLP
-
Williams & Connolly LLP
-
-
2
-
Bartlit Beck Herman Palenchar & Scott LLP - DLA Piper LLP
-
Goldman Ismail Tomaselli Brennan & Baum LLP - Greenberg Traurig LLP
- King & Spalding LLP
-
Skadden, Arps, Slate, Meagher & Flom LLP
-
-
3
-
Baker Botts L.L.P. - Bowman and Brooke LLP
-
Butler, Snow, O’Mara, Stevens and Cannada, PLLC -
Covington & Burling LLP - Hogan Lovells US LLP
- Hughes Hubbard & Reed LLP
- Jones Day
- Kirkland & Ellis LLP
- Morrison & Foerster LLP
-
Nelson Mullins Riley & Scarborough LLP - O’Melveny & Myers LLP
-
Pepper Hamilton LLP -
Quinn Emanuel Urquhart & Sullivan, LLP -
Tucker Ellis & West - Venable LLP
-
Wheeler Trigg O’Donnell LLP - Winston & Strawn LLP
-
Leading lawyers
-
-
Philip Beck -
Bartlit Beck Herman Palenchar & Scott LLP -
John Beisner -
Skadden, Arps, Slate, Meagher & Flom LLP -
Michael Brown -
Reed Smith LLP - Michael Davis - Sidley Austin LLP
- Maja Eaton - Sidley Austin LLP
- Sara Gourley - Sidley Austin LLP
-
Christy Jones -
Butler, Snow, O’Mara, Stevens and Cannada, PLLC -
Harvey Kaplan -
Shook, Hardy & Bacon LLP -
Douglas Marvin -
Williams & Connolly LLP - Chilton Varner - King & Spalding LLP
-
Allen Waxman -
Kaye Scholer LLP
-
Philip Beck -
Dechert LLP has earned a national reputation through a number of high-profile instructions in recent years, and the general consensus is that it is ‘a very nice practice with good people’. One key client is AstraZeneca, which instructed the firm in a product liability case involving the antipsychotic drug Seroquel, the company’s second-biggest seller. The plaintiff alleged that it caused him to develop diabetes, asserting a failure-to-warn claim as well as other allegations that it mishandled the medicine and downplayed its side effects. The jury verdict saw the client absolved of responsibility. The firm has played an active role in Pfizer’s hormone replacement therapy (HRT) litigation, in which the treatment was alleged to be a cause of breast cancer. A number of the cases were successfully resolved prior to trial. Additionally, the firm serves as trial counsel for Wyeth (now a subsidiary of Pfizer) in the HRT litigation as part of a team to develop litigation strategy, orchestrate discovery, engage in motion practice and prepare the cases for trial while looking for opportunities to terminate cases before trial. The Philadelphia office includes the recommended partners Sean Wajert, Judy Leone and Will Sachse, but the 2012 departure of the popular Diane Sullivan to Weil, Gotshal & Manges LLP in New York was a significant loss.
Kaye Scholer LLP is well known for its strength across product liability matters and particularly within this space; the group includes a number of scientific experts rendering it ideally placed to take on complex and often high-profile cases. For example, Pfizer’s Viagra has been subject to claims that it causes conditions such as heart attack, vision loss and priapism, but the firm has successfully defended the brand, including in a recent trial where the defense was granted a motion for summary judgment in a case alleging hemorrhagic stroke. The team has been representing AstraZeneca in the Seroquel litigation, defending against allegations that the antipsychotic drug caused diabetes. The firm is co-lead national counsel and, in a recent New Jersey trial, achieved a defense verdict for the client. Other national counsel roles have included representing Boston Scientific in connection with over 200 claims involving the Taxus Express Coronary Stent System (Taxus Stent), a medical device used by doctors to treat coronary disease. Plaintiffs alleged that patients implanted with the Taxus Stent have an increased risk of experiencing late stent thrombosis. The team successfully obtained dismissals of several cases on the grounds of federal preemption. Allen Waxman is ‘a phenomenal trial lawyer and strategist in mass tort and pharmaceutical litigation: people know, recognize and respect him’. Lori Leskin, James Herschlein and Steven Glickstein are also formidable forces; all are located in New York. Also notable are Pamela Yates in Los Angeles and William Hoffman and Randolph Sherman in Washington DC.
A ‘very service-oriented firm’, Reed Smith LLP has ‘top-rate product liability defense lawyers’ and is ‘one of the best products firms in the country’. It is most typically instructed on ‘extremely difficult and large matters’, which is reflected in its higher fee structure. The firm was retained as national coordinating and trial counsel for CR Bard in litigation over its Composix Kugel mesh patch, used in hernia repairs. This litigation comprises more than 3,300 cases in Rhode Island as well as 26 individual cases in other states. It continues to serve as national counsel for Organon USA, a subsidiary of Merck, in litigation over allegations that NuvaRing hormonal contraceptive can cause various thrombo-embolic injuries. It is national and international coordinating and trial counsel for Pfizer in Mirapex litigation, in which it is alleged that the drug – used to treat Parkinson Disease and Restless Legs Syndrome – causes certain impulse control disorders. This instruction spans the federal MDL in Minnesota as well as cases in the UK, Canada and Italy. Many of the cases have been resolved through global settlement. Los Angeles-based practice head Michael Brown is ‘very strong’ and Sonja Weissman is ‘a star’; she is ‘brilliant at client service, ensuring that quality work is done, that deadlines are met, and generally making the client feel at ease and comfortable’. Michael Scott is also recommended.
Shook, Hardy & Bacon LLP is ‘a very good firm’ with a longstanding reputation, and it is widely considered to be one of the premier practices in this arena. Recent displays of its expertise include serving as national counsel for Mylan in litigation involving heart medication Digitek. This litigation involved more than 1,300 cases, the vast majority of which settled following a series of favorable defense rulings. Pfizer recently instructed the group to handle claims by plaintiffs alleging economic loss as a result of purchasing an epilepsy drug that was ineffective, and the Missouri court denied statewide class action certification. The practice also defended longstanding client Eli Lilly in a case brought by the family of a teenager who committed suicide, allegedly as a result of taking the client’s Cymbalta drug. The court held that the plaintiffs could not establish proximate causation and, accordingly, the defendant was granted summary judgment on the plaintiffs’ claims for failure to warn, statutory deceit and punitive damages. Other clients include Bausch & Lomb, for which the group is national counsel in litigation over the contact lens solution ReNu. Harvey Kaplan in Kansas City is ‘one of the top pharma lawyers in the country’. In the same office, Marie Woodbury and Scott Sayler are also recommended, as is Gene Williams in Houston.
Sidley Austin LLP’s team is ‘very experienced and has broad skills’, ‘the ability to work with an international team of lawyers’, and is ‘worth the money for big-ticket litigation’. The group shows ‘willingness to take aggressive positions’, ‘excellent written and oral work product’, and ‘good collaboration with inside counsel’. It has a lead role in litigation for Bayer, involving several thousand actions relating to the oral contraceptives Yasmin and Yaz. Plaintiffs assert that the drugs are associated with a higher risk of side effects, including blood clots and gallbladder problems, than other oral contraceptives. It is defending Grünenthal in cases brought by plaintiffs whose mothers ingested thalidomide in drug trials in the 1950s and 1960s at a time when it is alleged that the company had knowledge of the likelihood of severe birth defects. For Takeda, the firm is playing a lead role in litigation concerning the type-2 diabetes medicine Actos, following claims that it caused bladder cancer. Sara Gourley and Craig Knot are ‘excellent – both very skilled and experienced’. Group head Michael Davis and up-and-comer Kara McCall are ‘very smart lawyers’ who ‘take on the clients’ problem as their own’. Maja Eaton is ‘first choice for complicated disputes regarding medical causation’ and ‘one of the best at addressing complicated issues in ways that judges and juries can understand’. All recommended partners are based in Chicago.
Williams & Connolly LLP is ‘definitely among the top firms’ and ‘highly recommended’ for pharmaceutical product liability matters; it has some ‘very good’ lawyers and operates out of one office in Washington DC. The practice is renowned for its strong track record in trials, and its work for Wyeth in bellwether litigation over the years has been well documented. Notable instructions of late include representing Bayer in litigation regarding Yaz/Yasmin, defending it against allegations that the oral contraceptives increase the risk of deep vein thrombosis, pulmonary embolism and gallbladder disease. For Bayer CropScience, it is acting in litigation over genetically modified rice, and achieved settlements in the vast majority of claims during 2011. Greentech instructed the group in relation to Raptiva, a treatment for plaque psoriasis alleged to cause serious infections and cancers. The firm continues to represent GE, Merck and Pfizer. Practice leader Douglas Marvin is an acclaimed figure in the market, tremendously well respected by peers and clients. Also recommended are Stephen Raber, Stephen Urbanczyk, Heidi Hubbard, F Lane Heard, Eva Petko Esber and Joseph Petrosinelli.
Although smaller than many of its peers, Bartlit Beck Herman Palenchar & Scott LLP enjoys a national reputation in this space and its ‘trial capability is very strong’. This ‘highly respected’ group assisted Merck in the Vioxx litigation, where plaintiffs claimed that the drug caused heart attacks and strokes. Bayer retained the firm in Baycol litigation, where it was alleged that the drug caused the rare muscle disorder rhabdomyolosis. Consequently the company faced tens of thousands of claims in federal multidistrict litigation (MDL) in Minneapolis as well as coordinated cases in state courts in Philadelphia and Houston and individual cases in state courts around the country. Other work examples include acting as lead trial counsel for Medtronic in an MDL concerning fractures of leads used with implanted defibrillators. Chicago-based Philip Beck is an ‘extremely talented trial lawyer’ and highly sought.
DLA Piper LLP is one of the core firms defending Wyeth against thousands of product liability claims alleging that its hormone therapy medications Prempro and Premarin cause breast cancer and other injuries. Recently the group played a key role for Pfizer in the dismissal of class actions alleging off-label promotion of certain medications. In two of the more serious cases, Zafarana v Pfizer and Caltieri v Pfizer, it served as co-lead defense counsel where plaintiffs sought certification of a nationwide class of all individuals who had purchased or paid for a variety of medications – both cases were dismissed. Other matters include representing GE Healthcare as national counsel in mass tort litigation involving Omniscan, a gadolinium-based contrast agent (GBCA) used in MRI scanning procedures. The product liability group is led by Loren Brown in New York, William Kiniry Jr in Philadelphia and Christopher Young in San Diego.
Goldman Ismail Tomaselli Brennan & Baum LLP was formed in 2009 by lawyers including three former Bartlit Beck Herman Palenchar & Scott LLP partners. This ‘up-and-coming’ and ‘promising’ practice is ‘boutique in size only, as its members’ collective trial years and experience put it on a par with some of the best major law firms in the country’. Key to this standing is its ‘ impressive depth of knowledge, not only about the pharmaceutical industry but judges, juries and other issues important to assessing trial and other litigation risks’. The firm serves as trial counsel, and as part of the science and expert team, in litigation over Merck’s osteoporosis medication Fosamax in which plaintiffs contend that they suffered osteonecrosis of the jaw (ONJ) or atypical fractures of their femurs as a result of use. It is also acting for Pfizer and Wyeth in a trial concerning HRT drugs Premarin, Provera and Prempro, one of thousands of similar claims around the country. Key partners are Tarek Ismail, Andrew Goldman and Brian O’Donoghue in Chicago, as well as Joe Tomaselli in Dallas and Kenneth Baum in Los Angeles.
Greenberg Traurig LLP has an excellent record of trying cases to verdict, exemplified by its recent work for I-Flow in which the firm obtained a complete defense verdict following a four-week trial in a case involving three consolidated lawsuits relating to a continuous local anesthesia infusion drug pump. It also serves as national counsel for Medtronic, defending against product liability claims relating to various medical devices. Synthes, and its subsidiary Spine Solutions, instructed the firm in relation to the clinical trials it sponsored for ProDisc, an artificial disc replacement device. Summary judgment for the client was obtained on the basis of federal preemption. Other recent instructions include acting for Teva Pharmaceuticals USA. Atlanta-based Lori Cohen ‘does an incredible job on device cases’. Other recommended attorneys include Victoria Lockard, also in Atlanta, and Pamela Overton in Phoenix, Peter Antonucci in New York and Jose Isasi in Chicago.
King & Spalding LLP is a ‘solid’ and prominent fixture in the market, fielding a ‘very sophisticated, experienced product liability group that is thoroughly familiar with the pharmaceutical industry’. Current mandates include acting for GlaxoSmithKline in litigation involving antidepressant drug Paxil. It recently took one of several bellwether cases to trial, in which plaintiffs alleged that exposure to the drug during pregnancy caused a child to suffer severe birth defects. Merck instructed it in relation to an MDL pending in the Southern District of New York over Fosamax; it is alleged that the plaintiff’s long-term use of the osteoporosis medication caused ONJ, severe oral infections and other complications. Other clients include Purdue Pharma. The ‘terrific’ and ‘very talented’ Chilton Varner is ‘one of the premier product liability trial attorneys in the country’. Varner is commended for her ability to make complex scientific concepts understandable to jurors, and ‘has an extraordinary penchant for mastering the facts and law for any matter with which she becomes involved’. Andrew Bayman is ‘a premier trial attorney’ with ‘vast experience’, and Ray Persons is also recommended.
Skadden, Arps, Slate, Meagher & Flom LLP has long been a popular choice for big-ticket litigation, and the firm continues to go from strength to strength. Key clients include Pfizer, with recent instructions including hormone therapy litigation; the firm is handling appellate and pre-trial briefing for the company. It continues to play a lead role in Vioxx-related litigation for Merck, including settling thousands of personal injury claims and successfully defending against state attorney general actions seeking recovery of state expenditures. John Beisner in Washington DC ‘continues to be a major draw to the firm’; he and litigation strategist Sheila Birnbaum in New York are accorded ‘legendary’ status.
Baker Botts L.L.P. has a strong grounding in the life sciences arena and regularly wins key mandates; recent examples include acting for Merck in the Vioxx litigation. It obtained a favorable ruling for the client in 2011 against allegations that the drug had caused heart attack and death. The firm also represents AstraZeneca in the Seroquel litigation, which consists of approximately 30,000 cases asserting that the antipsychotic drug causes diabetes. It is alleged that the company failed to adequately warn of the potential side effects, and that it promoted off-label use and overstated its efficacy. It continues to represent Elan as national counsel in litigation involving Tysabri, used to treat multiple sclerosis and Crohn’s disease. Novartis is another key client. The ‘very skilled’ team includes Earl Austin in New York and the ‘very good’ Stephen Scheve in Houston.
Bowman and Brooke LLP has been building a practice in this area for a number of years, and enters the ranking this year owing to a growing national presence. In 2011, highlights included obtaining a defense verdict for Breg in a case brought by an orthopedic surgeon and his wife who were seeking more than $6m after allegedly suffering injury as a result of using a pain pump manufactured by the client. Other recent mandates include a mass tort case in which it is representing Wisconsin-based H&P Industries and pharmaceutical manufacturer Triad Group. Managing partner Kim Schmid is the key contact for medical devices and Randall Christian is recommended for pharmaceutical matters; they are based in Minneapolis and Austin, respectively.
Butler, Snow, O’Mara, Stevens and Cannada, PLLC has a relatively small practice based in Ridgeland, Mississippi, but is very well respected and regularly punches above its weight. It recently obtained two defense verdicts for Johnson & Johnson and Ortho-McNeil Janssen in cases involving the fluoroquinolone-based antibiotic, Levaquin; it was claimed that the drug caused Achilles tendon injuries and that the label failed to warn adequately. The team won a defense verdict for McNeil Consumer Healthcare in a trial over claims that Children’s Motrin caused Stevens-Johnson Syndrome and/or toxic epidermal necrolysis. Other highlights included two defense verdicts for Hoffmann-La Roche in a trial in New Jersey pertaining to the drug Accutane. Christy Jones ‘deserves recognition as she is terrific’; she has ‘a very unique style and does a very good job’. William Gage is also recommended.
Covington & Burling LLP’s emergent practice has played a key role in several trials recently, three of which resulted in defense wins and one which settled. The team’s ‘substantive expertise is excellent’ and it is ‘distinguished by its mastery of the law, excellent regulatory practice and superb trial lawyers’. Instructions included acting for AstraZeneca in litigation concerning Seroquel, the second-generation antipsychotic that is alleged to cause weight gain and diabetes. For Merck, it serves as national trial counsel in the Fosamax litigation. The firm recently obtained a defense verdict for the client in a trial in Manhattan, one of almost 1,000 cases pending, and the fourth to go to trial. Hoffmann-La Roche is another client, for which the firm has been involved in six trials in Accutane products liability litigation, perhaps most notably one case involving a Hollywood actor claiming his career had been derailed through usage of the medication. Furthermore, the group has achieved several appellate victories regarding Accutane. It also acted for Eli Lilly in an appeal of a Zyprexa verdict. Mike Brock chairs the Washington DC practice and is ‘a superb overall trial attorney’. Michael Imbroscio is another key figure.
Hogan Lovells US LLP is a new entrant to the ranking this year, reflecting an overall presence in the life sciences arena and its capabilities in FDA regulatory work and product liability litigation. The group has ‘very smart attorneys who deliver great results at great value’. Recent work includes representing Medtronic in a lawsuit filed by a third party payor relating to allegedly defective cardiac devices. The case was dismissed without prejudice in 2011. It also represented Inmar and its subsidiaries in litigation alleging that McNeil Pharmaceuticals and Johnson & Johnson manufactured and distributed defective over-the-counter children’s medications and orchestrated a scheme to conceal product defects from consumers. The consolidated class action included claims against Inmar for fraud, negligence and violations of consumer protection statutes, among others, but all claims were dismissed with prejudice for lack of standing. The practice is chaired by Michael Kidney in Washington DC and the ‘responsive and great value’ Lauren Colton in Baltimore.
Hughes Hubbard & Reed LLP continues to play prominent roles in significant matters for Merck including the Vioxx litigation, for which it shares the role of national coordinating counsel; and Fosamax, in which it is defending the client in MDL and state court litigation. Another client is the New York Blood Center, which it serves as lead counsel in hundreds of cases involving blood and blood products allegedly contaminated by HIV and hepatitis. While the cases have been reduced owing to improved screening and testing, the firm continues to act in a handful of ongoing matters in which cases of alleged donor and transfusion injuries are being actively litigated. Robb Patryk, Diane Lifton and Ted Mayer lead the practice. Other recommended attorneys include Charles Cohen, James Fitzpatrick and Daniel Weiner, and all are based in New York.
Jones Day is developing a growing practice in the life sciences space, where recent highlights include winning a defense verdict for Abbott Laboratories in a case involving endometriosis treatment Lupron in which it was claimed that the drug rendered the plaintiff permanently disabled. The firm also acted for TAP Pharmaceuticals in two failure-to-warn cases brought by a plaintiff following clinical trials for a protein pump inhibitor drug in which they allegedly experienced adverse reactions. Other highlights included negotiating a class action settlement for Steris, which was brought on behalf of purchasers and users of a sterilization system that has been the subject of FDA actions concerning appropriate certification, and representing DePuy in an MDL arising from the recall of its ASR hip implants. Carol Hogan and June Ghezzi in Chicago are recommended, along with David Alden in Cleveland.
Kirkland & Ellis LLP is known for its strong product liability practice and often attracts national instructions. For example, it is representing Baxter Healthcare and affiliates of Teva Pharmaceuticals in a set of cases arising from a hepatitis outbreak in Las Vegas in 2008. After the first trial resulted in a verdict against the defendants, the firm was called upon to work on the appeal and to try the remaining cases. Additional work for Baxter includes a case brought by the estate of an individual who agreed to participate as a subject in a clinical trial sponsored by the company, during which he died. It is advising Hoffman La-Roche and certain other companies in a personal injury lawsuit involving the drug Accutane and its generic equivalents. Recommended attorneys include Michael Foradas and Leslie Smith in Chicago, Jay Lefkowitz in New York and Jennifer Levy in Washington DC.
Morrison & Foerster LLP’s ‘quick response times’, ‘great industry knowledge’ and ‘solid advice’ makes the firm ‘expensive, but worth it’ owing to its ‘excellent service’. One of its key clients is APP Pharmaceuticals, for which it is national counsel in cases alleging that local anesthetic products used in pain pumps contribute to the development of post-surgical chondrolysis, a degenerative condition of the shoulder. The same client has also instructed the firm in an MDL proceeding and state consolidated cases where hundreds of plaintiffs claim an injectable drug causes a degenerative condition of the jaw. The litigation involves failure to warn as well as preemption and causation issues. Novartis and Bayer are also clients. In San Francisco, Arturo Gonzalez is ‘one of the finest trial lawyers in the US’ and William Tarantino is ‘an experienced counsel who is an excellent leader and has great knowledge of the law’. Erin Bosman and James Huston chair the product liability group, and both are based in San Diego.
Nelson Mullins Riley & Scarborough LLP’s scope is somewhat regional, but it does often punch above its weight, handling class action litigation on a national basis for blue-chip clients. Examples include defending Wyeth against a claim that it failed to adequately warn of the health risks associated with the hormone therapy drug Prempro. It has also earned significant instructions from CR Bard and Eli Lilly. The group is currently serving as national e-discovery counsel for a major pharmaceutical company, and has excellent credentials in this increasingly important area. Former managing partner David Dukes is ‘very strong’.
O’Melveny & Myers LLP has a proven track record in product liability litigation, including representing Merck in various Vioxx cases, and also has a strong appellate practice. The firm is currently defending Amylin against claims concerning the prescription drug Byetta, an injectable medication for type-2 diabetes. Plaintiffs allege that the company failed to adequately test and monitor the side effects of the drug and failed to warn of the risk of developing pancreatitis. Other recent instructions came from Johnson & Johnson and Merck. Richard Goetz chairs the practice, and Catalina Vergara and Jeffrey Fowler recently made partner; all three are based in Los Angeles.
Pepper Hamilton LLP’s ‘very solid’ practice has maintained relationships with a number of major pharmaceutical players for many years. It serves as national trial and settlement counsel for GlaxoSmithKline in litigation involving claims that the diabetes medication Avandia causes heart attacks, strokes and other medical complications, and has obtained significant victories in defeating related consumer fraud and third-party payor class action motions. Eli Lilly is another key client, which the team is defending in litigation involving a number of products including Zyprexa, diethylstilbestrol (DES) and Byetta (exenatide). Philadelphia-based Sean Fahey and practice group chair Nina Gussack are recommended.
New entry Quinn Emanuel Urquhart & Sullivan, LLP counts Pfizer among its clients, and has been representing its subsidiary Wyeth in litigation relating to the birth control implant Norplant. It has also been acting for Pfizer in a bellwether trial alleging that the drug Neurontin caused a patient to commit suicide. It also acted in a case alleging that the drug Reglan caused movement disorders such as Tardive dyskinisia, and that Wyeth and other manufacturers failed to adequately warn of the risks. In 2011, the firm was called upon to represent Medicis when a plaintiff alleged that they developed an autoimmune disease that required a heart transplant, following receipt of Restylane injections. Faith Gay, who is based in New York, co-chairs the national trial practice group and is highly recommended.
Tucker Ellis & West is relatively compact but has a ‘good reputation’ and carries out a significant body of national work. Examples include acting as national coordinating and lead counsel for Actavis in litigation involving metoclopramide, a pro-motility drug. In light of the highly publicized Mensing decision taken by the Supreme Court in 2011, the firm successfully led a briefing effort seeking dismissals of many of the cases. For DePuy, it is acting in proceedings pursuant to the company’s recall of the ASR metal-on-metal hip implants in August 2010. Jeff Healy, the firm’s trial chair, attracts praise across the market. Rita Maimbourg co-chairs the pharmaceuticals group with Los Angeles-based Mollie Benedict. Name partner Robert Tucker is also recommended. Recommended lawyers are based in Cleveland except where stated otherwise.
Baltimore-based Venable LLP has a ‘superior level of experience’, ‘tremendous depth’ and provides ‘excellent service’. Its attorneys are ‘excellent stewards and managers of the overall defense effort’. Recent key mandates include acting for Merck as national coordinating counsel in litigation alleging that its osteoporosis medication Fosamax causes ONJ. It serves as lead counsel for Boehringer Ingelheim in MDL litigation alleging that its Parkinson disease treatment Mirapex causes impulse control disorders such as compulsive gambling, litigation in which the client is a co-defendant with Pfizer. A number of these cases have been resolved while others have resulted in summary judgment for the defense at the court of appeals. For Abbott Laboratories, the firm is national coordinating counsel in litigation concerning HRT, in which plaintiffs allege that they developed cancer as a result of treatment. Other clients include Johnson & Johnson. Paul Strain co-heads the team with Sally Bryan, and is ‘excellent at trial’. Craig Thompson and Bruce Parker are also recommended.
Denver-based Wheeler Trigg O’Donnell LLP has some ‘fine attorneys’ who are accomplished in this area. This single-office firm’s presence is far reaching, and it is one of a select group of firms serving as national counsel for Pfizer in litigation alleging wrongful death and personal injury related to its antidepressant medication Zoloft. Other national counsel roles include defending Advanced Bionic, a manufacturer of neuro-stimulation devices, in liability suits involving cochlear implants. For General Electric (GE), the firm is national resolution and trial counsel in some 500 cases involving its gadolinium-based contrast agent Omniscan, a chemical substance approved by the FDA and used as a contrast agent during MRI tests. Other recent instructions came from Northstar Rx and CNA Insurance. The team includes John Fitzpatrick, who is ‘a wonderful trial lawyer’; James Hooper; and Malcolm Wheeler, who is appreciated for his ‘science, physics and engineering background’.
Winston & Strawn LLP frequently plays a lead role in significant product liability matters, including acting for Pfizer in hormone replacement therapy litigation involving thousands of claims that the use of Prempro, Premarin and Provera resulted in breast cancer and other illnesses. The firm’s role has included preparing cases for trial and serving as trial counsel on a number of occasions, and it also played a substantial role in developing the client’s national trial and punitive damages defense strategy. Abbott Laboratories called upon the firm to serve as lead counsel in a qui tam action brought on behalf of the federal government and 16 states challenging the marketing of the client’s flagship HIV/AIDS drug Kaletra. The cases were dismissed in 2011. Other clients include Anchen, which instructed the firm in relation to class actions regarding the antidepressant Wellbutrin. The product liability practice is co-chaired by Thomas Quigley and Luke Connolly in New York, and Neil Murphy in Chicago.
Product liability and mass tort defense: toxic tort
Index of tables
Product liability and mass tort defense: toxic tort
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1
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2
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Arnold & Porter LLP -
Dechert LLP - Greenberg Traurig LLP
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Goodwin Procter LLP - Latham & Watkins LLP
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Morgan Lewis - Morrison & Foerster LLP
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Orrick, Herrington & Sutcliffe LLP -
Reed Smith LLP -
Shook, Hardy & Bacon LLP - Sidley Austin LLP
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3
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Baker Botts L.L.P. - Hughes Hubbard & Reed LLP
- Mayer Brown
- McDermott Will & Emery LLP
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McGuireWoods LLP -
Nixon Peabody LLP -
Skadden, Arps, Slate, Meagher & Flom LLP -
Tucker Ellis & West
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Leading lawyers
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- David Buente - Sidley Austin LLP
- Michèle Corash - Morrison & Foerster LLP
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David Erickson -
Shook, Hardy & Bacon LLP - Robert Meadows - King & Spalding LLP
- Paul (Mickey) Pohl - Jones Day
Jones Day is often a first port-of-call in bet-the-company litigation as it is ‘well acquainted with the industry’, and provides ‘good value in big litigation’. Particular attributes are its ‘incredible depth of talent’, quick responses and advice which is ‘always well thought out and presented’. The firm is acting for Sherwin-Williams in two separate cases involving over 160 plaintiffs, who claim they were injured as a result of ingesting paint containing white lead carbonate pigments. It also represented ExxonMobil in appealing a $104m jury verdict entered in late 2010 in a case concerning the alleged future presence of methyl tertiary butyl ether (MTBE) in certain water wells in Queens County, NY. The case is part of multi-district litigation (MDL) pending in the Southern District of New York. The group defended National Semiconductor in three separate actions in which plaintiffs alleged they were exposed to hazardous workplace chemicals at the defendant’s facilities, causing adverse health effects in their children. It is acting for IBM in litigation arising from allegations of vapor intrusion of groundwater contaminants into structures near its former manufacturing facility in Endicott. The complaints, on behalf of approximately 970 plaintiffs, include claims for personal injury, property damage, business losses and medical monitoring arising from alleged exposure to volatile organic compounds. One client describes Pittsburgh-based Paul Pohl as being ‘as good a litigator as I have seen’; he is ‘good on his feet and makes clear and convincing arguments’. Charles Moellenberg, also in Pittsburgh, ‘does a superb job of keeping everybody focused’, and is ‘extremely bright and meticulous’.
King & Spalding LLP’s key strengths include its deep scientific expertise and trial bench. Having been involved in landmark cases involving asbestos and Chinese drywall, it is ‘well placed for big-ticket litigation’ and ‘thoroughly deserving of its reputation’. Recent highlights include acting for Lincoln Electric when it was claimed that a former welder, who was diagnosed with Parkinson disease at the age of 26, was exposed to toxic levels of manganese in welding fumes produced by the company’s products. The three-week trial resulted in a unanimous defense verdict. Acting for Cytec, the firm obtained another defense verdict when it was claimed that plaintiffs contracted terminal mesothelioma as a result of occupational exposure to, among other products, an asbestos-containing plastic molding compound manufactured and sold by a predecessor to the company. Claims were based on defective design, failure to warn, negligence and fraud. It also represents Dow Chemical in lawsuits claiming personal injury from exposure to products including trichloroethylene (TCE) and perchloroethylene (PCE). For Chevron, it is national litigation counsel in MTBE cases in which it is alleged that drinking water supplies in certain states are contaminated. Shell is also a client. The practice’s leading lawyers are Atlanta-based Kevin Buster and, in Houston, Tracie Renfroe and the highly recommended Robert Meadows.
Kirkland & Ellis LLP is ‘an exceptional firm’ that has participated in some of the most complex and significant matters in recent years. Examples include the well-documented victory for Dow Chemicals in Cook v Rockwell, and its work for BP in the Deepwater Horizon case. With regards to the latter, the team is handling nearly 400 individual and class action lawsuits filed as a result of the oil spill in the Gulf of Mexico, as well as the case opened by the Marine Board of Investigation. The firm is also assisting BP with investigations by various governmental agencies. Other highlights in 2011 included securing a victory for Verizon in environmental tort claims brought by two individuals; the plaintiffs claimed the company was liable for illnesses suffered as a result of working at a warehouse in New York during the 1990s. The site had previously been used as a nuclear fuel production facility, and plaintiffs claimed that certain chemical substances remained. Richard Godfrey has been instrumental in the BP litigation; he is based in Chicago alongside Kevin Van Wart, Douglas Kurtenbach and Thomas Morel. The practice also includes William Pratt and Lee Ann Stevenson in New York, and Eugene Assaf in Washington DC.
Arnold & Porter LLP’s solid reputation stems from its involvement in a number of significant matters and an enviable client base that includes BP, which recently instructed the group in tort and public nuisance cases alleging that its emissions caused injury to various plaintiffs. One of the cases, filed on behalf of an Inupiat native village in western Alaska, alleged that defendants’ greenhouse gas emissions caused a loss of barrier ice protecting the village from harsh Arctic storms which would render the village uninhabitable. The complaint was dismissed on constitutional separation of powers, principles and standing, and is pending appeal at the Ninth Circuit. It is also representing the company in re Motor Fuel Temperature Sales Practices Litigation, an MDL in which plaintiffs allege that motor fuel retailers sold gasoline on a volumetric basis without adjustment to reflect variations in energy content resulting from different temperatures. Atlantic Richfield is a longstanding client, which the firm is representing in eight cases in which plaintiffs allege they developed cancer due to exposure to radioactive materials emitted from two former nuclear processing facilities in Armstrong, PA. Philip Curtis and Nancy Milburn in New York are key partners along with Eric Rubel in Washington DC.
Dechert LLP is repeatedly described as ‘great’, with higher-end fees that are fully justified because ‘what you get for the money is an extremely high level of service’; ‘über-responsiveness, excellent trial skills and a very strong support bench’. Significant matters include its work for perfume and flavor chemicals producer Firmenich, for which it is serving as national counsel in litigation relating to diacetyl and other chemicals. It was recently instructed by PLAC to file an amicus brief in an asbestos appeal before the highest court in Pennsylvania; the aim was to address whether the Superior Court erred in reversing the trial court’s decision to exclude the testimony of the plaintiff’s experts in a friction-product asbestos case. Other notable cases included defending Union Carbide against wrongful death claims arising from mesothelioma. John Sullivan in Princeton is a key figure along with Sean Wajert in Philadelphia, who was instrumental in the Firmenich case. However, Diane Sullivan’s recent move to Weil, Gotshal & Manges LLP was a notable loss.
Goodwin Procter LLP’s widely recommended lawyers ‘have good judgment and knowledge pertinent to asbestos litigation, and work very hard’. One commentator notes that ‘it seems like everyone in the firm can write excellent briefs’. It recently developed and led CIRCOR’s efforts to negotiate and file a prepackaged asbestos bankruptcy plan for its subsidiary, Leslie Controls. The reorganization plan was successful and will permanently resolve the company’s asbestos liability and provide permanent court protection, as claimants will be channeled to a Section 524 (g) trust. Other clients include the Center for Claims Resolution, an organization that handles asbestos-related litigation involving its corporate members. William Hanlon is ‘a wonderful attorney’ who ‘excels at solving complex problems at reasonable cost’. Elizabeth Geise chairs this Washington DC-based practice and is ‘extremely hardworking and tenacious’.
Greenberg Traurig LLP devises creative defense strategies, tries high-stakes cases involving pollution claims and has substantial appellate capabilities. It is currently defending Coronet Industries against wrongful death, personal injury, medical monitoring and property damage claims by over 1,100 plaintiffs arising from purportedly contaminated water and air at a former manufacturing facility. The group is also defending Mosaic in a class action for economic damages as a result of approximately 65 million gallons of process water released into Hillsborough Bay during Hurricane Frances. Other recent work includes preparing and submitting a brief on behalf of amicus curiae Business Roundtable, which was aligned with power companies; the case tested whether state attorneys general could bring common law nuisance claims against large emitters of greenhouse gases. Glatfelter instructed the practice to act in a dispute over cleanup and natural resources damage arising from the presence of polychlorinated biphenyl (PCB) in waters in Wisconsin. Tampa-based David Weinstein is recommended.
Latham & Watkins LLP wins glowing feedback from clients; its attorneys ‘compare well against any other mass tort lawyers’ and have a knack for ‘preparing the case for trial and appellate advocacy’. Clients include Chevron, which recently instructed the group in a class action relating to historic operations of a nuclear fuel processing plant in Texas. Plaintiffs are claiming for personal injury and property damage from alleged nuclear and other contamination, and the case is pending in federal district court in Tennessee. The practice is also defending ConocoPhillips against numerous actions concerning the alleged MTBE contamination of drinking water. One recent highlight for the firm was obtaining a complete defense judgment for Essex Chemical, a Dow subsidiary, in natural resources damage actions brought by the State of New Jersey Department of Environmental Protection (NJDEP). Christine Rolph in Washington DC is ‘world class’ and is recommended along with Robert Howard in San Diego; both are ‘very good lawyers’.
Morgan Lewis has played a key role in some of the most prominent matters of recent years such as MTBE, popcorn litigation, asbestos, benzene and Deepwater Horizon, among others. Recent highlights include defending National Gypsum against economic damage claims arising from allegedly defective drywall products – the team successfully defeated efforts to create an industry-wide MDL. The practice is national litigation counsel for Sandvik against welding rod claims pending in various jurisdictions across the US. Plaintiffs claim neurological injury as a result of exposure to welding fumes. The practice spans a number of offices including Los Angeles and Houston, and is headed by James Pagliaro in Philadelphia.
Morrison & Foerster LLP’s team is ‘experienced, responsive and professional’; its attorneys ‘know the law, provide sound advice and excellent work product’, and are ‘sensitive to clients’ needs’. It has been active in Proposition 65 litigation over acrylamide, defending a coalition of US coffee producers, as well as two large California-based coffee sellers, and General Mills, Kellogg and Post Foods. It has a longstanding relationship with Cytec in asbestos cases, defending the client in lawsuits alleging personal injury and wrongful death due to asbestos fibers in the workplace. Costco recently instructed the group in litigation alleging that it dealt improperly with hazardous waste generated at its California gas stations, and the team is assisting The Newark Group in seeking cleanup and injunctive relief for solvent contamination at one of its properties. Much of the firm’s work is based on the West Coast, and Peter Hsiao in Los Angeles is ‘great at what he does’; Michèle Corash in San Francisco is also recommended.
Orrick, Herrington & Sutcliffe LLP often acts for clients facing bet-the-company litigation. Notably, it has assisted Dow Chemicals in a case in which Vietnam War veterans and Vietnamese nationals alleged personal injury from exposure to the herbicide Agent Orange. Recent highlights include representing polyurethane systems supplier Flexible Products in a mass tort in which plaintiffs alleged they suffered respiratory injury from exposure to isocyanate-containing products in coalmines. Union Carbide is a key client, for which the firm is national coordinating counsel for its asbestos personal injury litigation and serves as lead trial counsel in cases across the country. New York-based Laurie Strauch Weiss chairs the practice.
Reed Smith LLP is ‘good for asbestos work’, and its ‘experienced’ lawyers ‘exercise good judgment, do not overstaff a case, are knowledgeable on the applicable law’ and ‘provide excellent value’. The firm was recently instructed by MSA as national coordinating counsel to defend it in asbestos and silica litigation. It is national counsel to Sunuco in all of its benzene and asbestos product and premises liability cases, which include hundreds of claims involving allegations that plaintiffs developed acute and chronic myologenous leukemia, mesothelioma and other diseases from exposure to its products. Other clients include Johnson Controls, 3M, BASF and 20th Century Fox. Practice head John Hooper is based in New York, along with Christopher Healy. Thomas Yoo in Los Angeles is also recommended, as are Chicago-based Maryanne Woo and Richard Wray.
Shook, Hardy & Bacon LLP has ‘a broad practice’ and an impressive caseload in this space. Its credentials include acting for TVA as outside counsel to defend several class actions and individual claims involving more than 800 plaintiffs in relation to a containment dyke failure at a power plant in Kingston, Tennessee. It is defending Coca-Cola in a mass tort action by residents alleging that historic wastewater handling practices at one of its bottling facilities caused personal injury, property damage and other problems through groundwater contamination. For International Paper, it has been instructed to defend a cost recovery action involving a lumber and plywood mill in Montana; the case involves allocation of environmental investigation and remediation costs among and between the present owner and two former owners of the property. Mark Anstoetter and David Erickson in Kansas City are recommended.
Sidley Austin LLP is recognized as one of the dominant players in environmental litigation, and was recently involved in a case centering on the issue of global warming and whether private entities, which emit greenhouse gases, can be sued. The firm represented American Electric Power in a case in which the US Supreme Court reversed the Second Circuit’s verdict and held that the Clean Air Act displaces any federal common law right to seek abatement of carbon dioxide emissions from fossil-fuel fired power plants. Other clients include Henkel, which the firm defended in a case alleging significant birth defects to a child arising from a mother’s alleged exposure to chemicals. David Buente in Washington DC is ‘great in dealing with environmental cases’; also recommended are Michael Davis, James Mizgala and Sherry Knutson in Chicago.
Baker Botts L.L.P. has attracted key roles in numerous substantial pieces of litigation. For example, it is representing the welding rod industry defense group against claims of neurological injury from exposure to manganese compounds in welding fumes, and is acting for ExxonMobil in benzine exposure litigation. It has also been active in MTBE litigation, defending Marathon, Hess and Ashland in claims brought by state governments and owners of public water supply systems. Key attorneys include Tynan Buthod and Kevin Jordan in Houston, and David Cohen in New York.
Hughes Hubbard & Reed LLP has considerable know-how in this field and has been representing Chemtall for a number of years in a dual-state action based on alleged exposure to polyacrylamide, a component in an industrial water-purifying chemical manufactured by the company. Plaintiffs allege an increased risk of neurotoxic, genotoxic, carcinogenic and reproductive injuries after exposure to polyacrylamide while working at a coal plant. Other high-profile matters included acting for ABS in the Kingdom of Spain’s $1bn action against it, in which the plaintiff alleged that the company’s conduct during various surveys was responsible for the oil spill resulting from the sunken oil tanker M/T Prestige. The claim was recently dismissed without prejudice following seven years of complex multinational litigation. Robb Patryk and managing partner Ted Mayer are recommended; both are based in New York.
Mayer Brown has ‘great litigators with great knowledge’, who provide ‘outstanding client service and counsel’. It defended Cargill in a mass tort claim alleging contamination of groundwater in Grand Island, IL, and recently won summary judgment on the claims, as it was held that the contamination in question had been caused by a predecessor and the company was not under duty to investigate the property to learn of subterranean contamination. It is also defending Philips and its former division NXP Semiconductors in three pending toxic tort actions in which former workers and their children allege that birth defects were caused by the parents’ exposure to unspecified chemicals and substances at its plants in the 1980s. Chicago-based Daniel Ring, Herbert Zarov and Craig Woods are the key partners.
McDermott Will & Emery LLP handles a substantial volume of toxic tort work among its overall caseload. This includes acting for Honeywell as national coordinating counsel in asbestos personal injury and wrongful death cases, concerning brake linings manufactured and sold by its predecessor Bendix. There are currently some 20,000 active cases pending throughout the US and the firm’s role is to oversee the defense and direct the activities of local counsel. It has served as trial counsel to ExxonMobil for a number of years and has defended it in more than 120 mass tort and product liability cases brought by public water providers and sovereign governments, and consolidated them into a single federal MDL. Chicago-based Michael Pope chairs the product liability group.
McGuireWoods LLP is a ‘great’ firm for toxic tort and has been representing DuPont for a number of years in ongoing litigation concerning lead paint, brought by states, municipalities and individuals. Other matters include defending Ford in wrongful death actions involving individuals who contracted mesothelioma, allegedly caused by exposure to asbestos in Ford brake products. Deputy managing partner Terrence Bagley oversees the litigation practice, and is based in Richmond.
Nixon Peabody LLP has a strong trial record and a practice that spans the coasts. Recent significant instructions include a wrongful death asbestos case, in which it represented Ford; plaintiffs alleged that the decedent’s mesothelioma was caused in part by exposure to asbestos-containing parts. A defense verdict was reached after trial. Joseph Ortego heads the group.
Skadden, Arps, Slate, Meagher & Flom LLP is ‘a key player’ in the market, and routinely advises on toxic tort matters as part of its wider product liability and mass tort practice. Recent examples include acting as lead counsel for a consortium of defendants against allegations that the manganese in welding consumables causes brain injuries. Some 12,000 cases have been condensed to fewer than 100 through aggressive discovery tactics as well as the notable reversal of a $20.5m jury verdict for the plaintiff on time-bar grounds. The practice fields the revered John Beisner in Washington DC.
Tucker Ellis & West can point to a number of accomplishments in this area. While the firm is relatively small, its expertise attracts national instructions such as McCord, for which it has a longstanding role in asbestos litigation. It is also acting for American Optical in litigation relating to pneumoconiosis-producing dusts including asbestos, silica and coalmine dust. Other clients who use the firm for asbestos work include Rockwell Automation and UTC. Jonathan Cooper and Jeffrey Healy are key partners in the team.
Securities: shareholder litigation
Index of tables
Securities: shareholder litigation
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1
- Cravath, Swaine & Moore LLP
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Davis Polk & Wardwell LLP - Paul, Weiss, Rifkind, Wharton & Garrison LLP
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Simpson Thacher & Bartlett LLP -
Skadden, Arps, Slate, Meagher & Flom LLP - Sullivan & Cromwell LLP
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2
- Cleary Gottlieb Steen & Hamilton LLP
- Latham & Watkins LLP
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Shearman & Sterling LLP - Wachtell, Lipton, Rosen & Katz
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Weil, Gotshal & Manges LLP -
WilmerHale
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3
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Cadwalader, Wickersham & Taft LLP - Cahill Gordon & Reindel
- Debevoise & Plimpton
- Fried, Frank, Harris, Shriver & Jacobson LLP
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Gibson Dunn - Milbank, Tweed, Hadley & McCloy LLP
- O’Melveny & Myers LLP
- Sidley Austin LLP
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Vinson & Elkins L.L.P. -
Wilson Sonsini Goodrich & Rosati
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-
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Baker Botts L.L.P. -
Bingham McCutchen LLP -
Covington & Burling LLP - Hogan Lovells US LLP
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-
- DLA Piper LLP
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Dechert LLP - Greenberg Traurig LLP
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Katten Muchin Rosenman LLP - King & Spalding LLP
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Morgan Lewis -
Orrick, Herrington & Sutcliffe LLP
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Paul Hastings LLP -
Quinn Emanuel Urquhart & Sullivan, LLP - Schulte Roth & Zabel LLP
- Squire Sanders LLP
- White & Case LLP
- Winston & Strawn LLP
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-
Cooley LLP
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Leading lawyers
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-
Bruce Angiolillo -
Simpson Thacher & Bartlett LLP -
Michael Carroll -
Davis Polk & Wardwell LLP - Evan Chesler - Cravath, Swaine & Moore LLP
- Richard Clary - Cravath, Swaine & Moore LLP
- George Conway - Wachtell, Lipton, Rosen & Katz
- Gandolfo DiBlasi - Sullivan & Cromwell LLP
- Robert Giuffra - Sullivan & Cromwell LLP
- Brad Karp - Paul, Weiss, Rifkind, Wharton & Garrison LLP
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Jay Kasner -
Skadden, Arps, Slate, Meagher & Flom LLP -
Gregory Markel -
Cadwalader, Wickersham & Taft LLP - Richard Rosen - Paul, Weiss, Rifkind, Wharton & Garrison LLP
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James Rouhandeh -
Davis Polk & Wardwell LLP
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Bruce Angiolillo -
Known for its ‘unrivalled experience and historical excellence in complex bet-the-company matters’, Cravath, Swaine & Moore LLP is ‘best in class for regulatory work’ and attracts praise for its ‘seamless international capability’. From New York, the team provides access to ‘an outstanding collection of sharp, responsive, collegial and technical lawyers’, including the firm’s presiding partner Evan Chesler – considered ‘one of the highest profile specialists in the market and an influential figure in securities law’. Other leading names include ‘sensible and savvy litigator’ Richard Clary, the ‘outstanding’ Sandra Goldstein and Robert Baron. The firm’s longstanding focus in representing defendants – individual officers and directors as well as companies – in class actions and prominent individual actions has seen it build up a sterling record in advising on some of the area’s most landmark cases. Most notably, its recent representation of Vivendi gave rise to one of the longest-running securities class actions to go to trial – significantly it was the first and only so-called “foreign-cubed” case to go to trial – and set precedent on several issues including class certification. The firm has also secured a growing stream of instructions in transactional-related securities litigation and successfully acted for Barnes & Noble in a “poison pill” trial against an activist shareholder – it is continuing to act for the bookseller in litigation arising from its acquisition of Barnes & Noble College Booksellers. Other specialist areas include defending financial institutions in subprime litigation and the setting of executive compensation.
From New York, the ‘consistently superb’ Davis Polk & Wardwell LLP fields 36-partners dedicated to securities litigation, ensuring ‘unbeatable response times, a priceless body of knowledge to call upon and a strong back-up bench’. Jointly led by criminal and regulatory specialist Carey Dunne (‘creative lawyer with a problem-solving attitude’) and James Rouhandeh (‘smart, understands the securities business and willing to work through difficult issues’), the group attracts praise for its ‘practical approach and for ‘providing well-balanced and appropriate advice that takes into account the risk appetite of the client’. Michael Carroll is a ‘smart, persuasive litigator and a gifted writer on briefs’, and James Windels is noted for his ‘wide experience of the area’. Clients include financial institutions, auditors and corporations and the firm is active across the full spread of litigation and securities enforcement and compliance matters, although recently it has kept busy advising on financial crisis matters. The firm is acting as principal outside counsel to Morgan Stanley in several cases arising from the mortgage meltdown, including successfully representing the bank in a $7bn putative class action that led to the first significant class certification decision associated with the subprime collapse. The firm is also defending the current and past members of Bank of America’s board of directors in various shareholder derivative suits arising from the bank’s acquisition of Merrill Lynch.
Considered ‘a “go to” firm for big ticket or sensitive corporate litigation’, Paul, Weiss, Rifkind, Wharton & Garrison LLP strikes exactly the right chord with clients who praise it as ‘absolutely the best in all categories: highly knowledgeable, practical, very responsive – they are valued counsellors’. The strategic importance awarded to the securities area is evidenced by the role of ‘incredibly skilled and responsive litigator’ Brad Karp as chair of the firm – indeed ‘resources seem limitless at times’. Charles Davidow is ‘technically superb’ and co-heads the securities litigation and enforcement group alongside the ‘user-friendly and highly commercial’ Richard Rosen and the ‘strategically smart’ Daniel Kramer – also recommended for being ‘good at execution’. From New York, the 36-partner team houses ‘invaluable in-house experience’, notably Walter Ricciardi once served as the deputy director of the SEC’s division of enforcement. The firm scores highly for its sterling litigation expertise but it also shines in regulatory matters and investigations. Citigroup is a trophy client and it recently represented it in several securities cases, including in its successful defeat of arbitral claims brought by Abu Dhabi Investment Authority arising out of its December 2007 $7.5bn investment in Citigroup. The firm also successfully represented AIG in obtaining a dismissal of a derivative action brought by shareholders of March & McLennan Companies alleging breach of fiduciary duty. Other representative clients include Bank of America, Deloitte & Touche, Merck and SwissRe.
Widely agreed to have ‘a world class securities litigation group’, Simpson Thacher & Bartlett LLP provides ‘A-star service that is excellent in all regards’ and is one of a ‘very small number of “go to” firms that can be relied upon to handle the most challenging issues’. Bruce Angiolillo is ‘one of the most respected members of the securities litigation bar and has decades of experience to draw from’, Paul Curnin is ‘an outstanding litigator with an excellent case-management ability’, Paul Gluckow is ‘very responsive and client friendly’, and Jonathan Youngwood is ‘smart, hardworking and extremely professional’. The firm has a diverse practice that specializes in defending large financial institutions and Fortune 500 corporations and is reporting an increase in instructions from China-based issuers regarding securities and derivative actions brought against them in the US. It also continues to handle a steady stream of subprime litigations, and since February 2008 it has represented JPMorgan Chase in regulatory investigations and civil antitrust and securities fraud lawsuits arising from collapse of the auction rate securities (ARS) market. In addition, the firm remains highly involved in Madoff-related litigation and is representing entities and individuals associated with Fairfield Greenwich in a series of litigations and government investigations arising out of the high-profile Ponzi scheme. On the private equity side, in 2011 alone, the firm handled litigations for some of the sectors’ largest names including Apax Partners, First Reserve, The Blackstone Group and Hellman & Friedman.
Applauded for its ‘very deep bench’, ‘prompt responses to requests’ and its ‘dead-on advice’, Skadden, Arps, Slate, Meagher & Flom LLP is ‘the top choice for “make or break” litigation’ with ‘lawyers who are undoubtedly expensive but provide value for the dollar’. Few individuals in this field have the credentials of group head Jay Kasner; considered ‘simply the best’, ‘the only choice for “bet-the-company” matters’ and ‘outstandingly commercial’, New York-based Kasner heads an ‘all star team’ spread out across the firm’s extensive national network. Also in New York, the ‘simply superb’ Scott Musoff and the ‘very capable and articulate’ Susan Saltzstein are recommended, with Houston litigation head Charles Schwartz ‘deft with dealing with corporate boards’. Known for its excellent record in representing major corporations in high-stakes securities litigation, the firm also has a leading reputation in defending financial institutions, underwriters, and directors and officers in securities claims. Among its recent bank representations, the firm won an appeal for Merrill Lynch in the first ARS class action arising from the financial crisis to be decided by an appellate court. On the corporate representation side, the firm won an instruction from Anadarko Petroleum in relation to a securities class action and a derivative action arising out of the Gulf of Mexico oil spill. It is also defending News Corp, Rupert Murdoch and other individuals in a shareholder class action and a derivative claim following the high-profile News of the World controversy.
Concentrated in New York, but also benefitting from platforms in California and Washington, the ‘dedicated team’ at Sullivan & Cromwell LLP ‘knows how to get the best result’ ensuring ‘a client confidence that few other firms can provide’. Recommended for its ‘peerless ability in securities litigation’, clients also score it highly for its strength across the relevant support areas and say ‘it’s difficult to find a firm with such seamless quality’. ‘Exceptional lawyer’ Robert Giuffra coordinates the practice and is highlighted as a ‘tireless worker, brilliant writer, creative thinker and a great tactician’. The highly experienced team also includes ‘dean of the securities bar’ Gandolfo DiBlasi and Los Angeles managing partner Robert Sacks, who ‘displays good judgment in evaluating the merits of a case and setting the right expectations for their client’. Beneath top level, clients are quick to praise the firm’s rising stars including newly-appointed partner Matthew Schwartz and, ‘best-kept secret in New York’, associate Justin DeCamp. The firm advises an enviably healthy balance of corporations and financial institutions on some of the markets most high-profile matters with cross-border work being a specialism. As a top choice for leading financial institutions such as Goldman Sachs, UBS, Barclays, JPMorgan and Moody’s, the team remains busy advising on headline litigation arising from the financial crisis. On the corporate-representation side, it successfully obtained a dismissal of a federal shareholder derivative litigation on behalf of BP, which was brought in connection with the 2010 Gulf of Mexico oil spill.
Cleary Gottlieb Steen & Hamilton LLP continues to invest in its practice, and in 2011 the firm hired Juan Morillo from the Washington office of Clifford Chance, where he was head of the firm’s US dispute resolution practice. New York-based Jennifer Kennedy Park was promoted to partner in 2012. The group leverages off the firm’s premier capital markets capability to specialise in advising banks, shareholders, corporations and corporate directors and officers on the full spread of complex securities litigation. Mitchell Lowenthal is a ‘very strong securities litigator’ and attracts sterling praise for his excellent response times and market experience. Thomas Moloney is singled out for his ‘tremendous courtroom skills’ and is well known for his part in representing HSBC in Madoff litigation – the firm recently won the dismissal of the Madoff Trustee’s common law claims, which sought more than $6.5bn in damages. In another highlight case, it is advising Bank of America on litigation and investigations arising out of its acquisition of Merrill Lynch – including representing the Bank in the now settled federal lawsuit brought by the SEC, and also representing it in individual and class actions filed by shareholders. Other representative clients include Fitch and Alpha Natural Resources.
Latham & Watkins LLP’s commitment to maintaining a truly national securities litigation practice is evidenced through its joint leadership from the firm’s Washington, Silicon Valley and New York offices: together William Baker (‘highly experienced’), Patrick Gibbs (‘great at managing a complex legal matter, boiling it down to a plan of action and driving his team to execute the plan’) and Jeff G Hammel co-chair an ‘excellent group of commercially-minded securities experts’. Clients ‘wholeheartedly recommend this extremely client-focused team’ for the full spread of class actions and derivative lawsuits, SEC investigations, enforcement proceedings, stock exchange investigations and proxy contests. Although it has an excellent track record in defending banks and corporations, the firm shines in auditor representations and among its recent matters, it is acting for Deloitte & Touche LLP in a multidistrict securities class action involving claims arising from Washington Mutual’s public disclosures. Issuer-side work is also plentiful and it is currently acting for international agri-business Agfeed in several shareholder class actions filed against the company. Miles Ruthberg and Peter Wald are also recommended.
Commended for ‘consistent delivery of high-quality advice across securities and corporate governance matters’, Shearman & Sterling LLP ‘is one of the most responsive, client-oriented law firms around’. The team attracts praise for its ‘seamless global offering’, its ‘smooth running of a case’ and its ‘ability to dedicate specialised lawyers at a moment’s notice’, with lawyers highlighted for their ‘thoughtful, insightful and, above all, anticipatory advice’. Led from New York by Adam Hakki (‘writes well, speaks well, argues effectively, and is very strong with senior management’, ‘big banks turn to him frequently for important matters’), the team also calls on the services of the ‘excellent’ Stuart Baskin and the ‘very knowledgeable’ Jerome Fortinsky, who is a ‘calm lawyer that understands business and is gently persistent’. The firm represents both banks and corporations in the defense of securities claims and it is already playing a leading role in litigation involving US-listed Chinese companies – a trend that is sweeping through the US courts – and clients value the firm’s “hands-on” experience in working with Chinese companies, which enables it to smoothly manage the cultural differences’. However, its highlight work is representing Countrywide Financial Corporation in 13 cases against institutional purchasers of private-label residential mortgage-backed securities (RMBS).
The ‘prestigious corporate pedigree’ of Wachtell, Lipton, Rosen & Katz ensures that it has a sterling client roster of corporations, financial institutions and even law firms that turn to it for advice when relationships go sour. ‘This is the firm you want in your corner for “bet-the-company” litigations – if it can’t get you the right result then nobody can’. Although the firm fields a smaller team than most of its rivals, its lawyers are among the most experienced in the market, specifically George Conway, who was ‘instrumental to the Morrison decision’ – his representation of National Australia Bank in Morrison v National Australia Bank has had groundbreaking implications for securities law, famously overturning four decades of lower court case law and holding that Section 10(b) of the Securities Exchange Act applies only to transactions in the US. Shareholder litigation arising from mergers and acquisitions is also a specialist area of expertise and other recommended partners include Lawrence Pedowitz and Eric Roth.
Weil, Gotshal & Manges LLP is the ‘firm you call when you need the right result’. The firm leverages off its top-tier restructuring practice to offer expertise in bankruptcy-related securities litigation, but it has experience across the full spread of shareholder claims and corporate governance matters, regularly acting for major corporations and financial institutions and their officers and directors. Led from New York by highly rated partners Joseph Allerhand and Jonathan Polkes, the team is considered ‘uniquely effective in derivative cases’. James Quinn is also recommended and clients say that ‘you couldn’t hope for a better advocate on complex cases, he is among the most technically able litigators in the market’. Quinn recently led the team acting alongside Cravath, Swaine & Moore LLP in the successful representation of Vivendi, which saw the dismissal of individual foreign investor claims in a long-running securities class action that alleged the French media company misled shareholders about its financial condition following a series of mergers and acquisitions during 2000-2002. The firm also obtained a dismissal for global insurance broker, Willis Group Holdings, in an action brought by a global class of investors in certificates of deposit marketed by The Stanford Financial Group.
WilmerHale regularly defends corporations and their directors in litigation covering the full spread of capital markets, investment management, broker-dealer and financial services regulation, but it receives widespread recognition for its preeminent enforcement practice. Under the leadership of Washington DC-based co-chair Harry Weiss – recommended for his ‘invaluable insider experience’ following an 11-year stint at the SEC – the firm maintains a market leading niche in SEC enforcement issues. It also has experience in cross-border investigations including representing clients in Financial Services Authority proceedings. In line with the firm’s strong life sciences and high-tech client base, instructions are dominated by technology corporations, and it recently obtained a dismissal of a putative ERISA class action for Minneapolis-based medical device manufacturer, Medtronic, and a number of its senior executives. On the financial services side, the firm won a victory for RBS in a securities fraud class action, successfully eliminating around 95% of RBS’s potential exposure from the case. Shareholder litigation arising from transactional activity is also a strong area for the firm, and in 2011 it successfully defended several merger and acquisition clients, including NaviSite, Netezza Corporation, NewAlliance Bancshares and BJ’s Wholesale Club. Group co-chair Jeffrey Rudman and William Paine are the main contacts in the group.
As a firm ‘highly recognized for the caliber and sophistication of its work and the strong skills of its lawyers’, Cadwalader, Wickersham & Taft LLP shines in ‘its deft handling and management of complex matters’ and for its ‘strong depth of knowledge and resources it can bring to bear in mortgage-backed securities litigation’. Widely considered ‘a key figure in securities law’, litigation co-chair Gregory Markel is ‘one of the most intelligent, hard working, strategic lawyers around’ and one peer states ‘having him as an opponent is an exciting challenge that I look forward to.’ The firm has been involved in some of the market’s most technical cases arising from the financial crisis and among its recent work, it is representing the former outside directors of Merrill Lynch in a shareholder derivative action alleging breach of fiduciary arising from subprime mortgage investment. Other high-profile members of this ‘top notch team’ include ‘tenacious litigator’ Jonathan Hoff, who recently led advice to MBIA Insurance Corporation in its claims against Residential Funding Company LLC (RFC) for fraud and breach of contract arising out of five residential mortgage securitizations sponsored by RFC.
New York’s ‘model law firm’ Cahill Gordon & Reindel draws admiring glances for its ‘excellent quality, specialized legal knowledge and deep bench strength’. Thomas Kavaler is singled out as ‘best in class’ in a group of lawyers recommended for being ‘not only a pleasure to work with but able to achieve terrific results’. The firm’s practice is largely split between issuer and financial institution representations, but it is also winning its fair share of transactional-related instructions. In a significant recent victory, the firm successfully upheld a dismissal for The McGraw-Hill Companies, and its Standard & Poor’s (S&P) subsidiary, in litigation arising from its rating of securities backed by subprime mortgages. To date, the firm has achieved dismissals of all claims against S&P in 20 financial services-related cases. The firm is also defending Household International, and several former officers, in one of the country’s largest securities fraud class actions, involving claims that defendants manipulated financial disclosures by restructuring delinquent loans. Floyd Abrams, Adam Zurofsky and Charles Gilman are also highlighted as ‘highly responsive and effective litigators’.
Leveraging off its strength in white-collar crime and regulatory investigations, Debevoise & Plimpton provides ‘all-encompassing experience in securities litigation and regulation’. Led from the firm’s New York and Washington offices by Edwin Schallert and Colby Smith respectively, the firm is known for its excellent cross-border enforcement capability, which attracts a broad mix of clients from both inside and outside the US. The team acts for both financial institutions and corporations on securities fraud and derivatives actions and secured several notable victories over the past year. The firm successfully won dismissal of all claims against client Manulife Financial Corp, and two of its officers, in a cross-border case alleging misstatement of the company’s financial condition. In another of its recent highlights, the firm won dismissal of all claims against Security Capital Assurance (now Syncora Holdings) and four former offices in a case alleging failure to disclose exposure to subprime mortgage risk. Gary Kubek is also highly active in this area.
The ‘efficiently managed’ New York-based team at Fried, Frank, Harris, Shriver & Jacobson LLP ‘never disappoints’ and impresses with its ‘ability to coordinate complex discovery and draft strong, well-reasoned motions and briefs’. Lawyers are ‘superior in every respect’, including litigation head William McGuinness (‘a force in the courtroom, delivering the company’s arguments in an authoritative manner while simultaneously combating the arguments from the other side’), vice chair Douglas Flaum (‘as good as they come’) and David Morris (‘tremendous analytical strength’, ‘provides leading advice on technical matters, case strategy and the discovery process’). The firm primarily represents brokerage, securities and other institutional clients on the full sweep of litigation involving securities actions, and recently received a boost on the enforcement side with the arrival of Linda Riefberg as special counsel from FINRA, where she was a vice president and chief counsel. The firm has had a hand in many of the market’s recent headline matters and recently obtained a victory for Wells Fargo, Wachovia Corporation and its former directors and officers, in a mammoth series of subprime securities lawsuits involving $109bn of exposure.
One of the few firms to provide a credible East and West Coast offering, Gibson Dunn’s practice is led by Jonathan Dickey and Robert Serio in New York, and Meryl Young in Orange County. Although it has a broad practice with strong experience in acting for issuers and underwriters, it receives particular recognition for its work for accountants and peers highlight its ‘excellent resume in acting for auditors’. Most recently, it successfully represented Ernst & Young and KPMG in obtaining the dismissal of a Madoff-related federal securities class action. In another Madoff-related case, the firm successfully defended UBS in $2bn claims brought by Irving Picard, the trustee for the liquidation of Bernard L Madoff Investment Securities. Dean Kitchens is singled out as an ‘outstanding securities litigator’, and acted alongside Dickey in advising 15 underwriters (including Morgan Stanley, Goldman Sachs, Credit Suisse, Barclays and UBS) in the settlement of a high-profile shareholder class action arising from the collapse of Washington Mutual. Among its recent corporation representations, the firm represented Toyota in litigation arising out of drivers’ reports of “unintended acceleration” in Toyota vehicles.
Milbank, Tweed, Hadley & McCloy LLP distinguishes itself through its ‘outstanding regulatory expertise’ – supported both by its strength across complimentary areas such as white-collar crime and through its enforcement capability, which benefits from the experience of lawyers who were formerly assistant US attorneys. From New York, James Benedict heads a group that includes firm vice-chairman Scott Edelman – considered ‘a “go to” guy for corporate governance issues’. Work arising from the financial crisis continues to be highly active and it leverages off its reputation as a global finance powerhouse to specialise in advising underwriters in this area. The firm represented the lead underwriters (Credit Suisse Securities, Oppenheimer & Co, Thomas Weisel Partners, and Jefferies & Co) in the dismissal of a securities class action relating to the $135m secondary offering of Rigel Pharmaceuticals – it is now going to appeal. The firm also successfully represented the underwriters (including UBS Securities, Citigroup Global Markets, Merrill Lynch and Wachovia Capital Markets) in a securities class action against Regions Financial Corporation – the decision was upheld at appeal.
Led by Washington-based Jeffrey Kilduff, O’Melveny & Myers LLP’s 27-strong team is well-represented in the firm’s New York and Los Angeles offices. Its work representing financial institutions on securities litigation arising from the mortgage crisis continues to be the cornerstone of the practice, but it is winning a substantial share of the new wave of litigation concerning China-based US-listed companies and is making a real name for itself in the area. Among its recent China-related instructions, the firm successfully represented Shanghai-based online gaming company, Giant Interactive, in the settlement of a shareholder class action. The firm’s domestic practice also continues to grow in profile and its work for Fannie Mae stands up as one of the most sought-after instructions in the market. The firm is representing the government-sponsored mortgage company in several lawsuits including securities class actions, individual securities actions, shareholder derivative actions and an ERISA class action, stemming from a regulator’s interim report concluding that Fannie Mae artificially inflated its earnings through misapplication of certain accounting policies.
Praised for ‘doing a very good job of managing the substantive and procedural issues that arise in securities actions’, Sidley Austin LLP team is excellent at ‘analysis and fact finding’ and always demonstrates ‘business knowledge coupled with legal reasoning’. Group strength is weighted towards New York and Chicago but the firm also has significant capability in its Washington DC and Los Angeles offices. In New York, Robert Pietrzak is a ‘very experienced and savvy class action defense lawyer’ and has ‘developed particular experience in representing China companies that raise funds in the US’, and Gary Bendinger is recommended for his ‘excellent courtroom strategy, presentation style and persuasiveness’. In Chicago, SEC enforcement specialist David Graham is ‘well-regarded for class actions, consumer matters and antitrust’, and Hille Sheppard is highlighted for ‘thoroughness, analytical ability and persuasiveness’. The firm’s work for auditors has impressed over the past year: it successfully represented a Big Four accountancy firm in an action brought by the trustee of securities company, Refco Litigation Trust, and also successfully advised an accountancy firm in a Madoff-related, multidistrict litigation involving securities, state law, and insurance claims. Other representative clients include CNO Financial Group and Johnson & Johnson.
Lawyers at Vinson & Elkins L.L.P. receive plaudits for their ‘good judgment and experience, good value for money and generally excellent business acumen’. The team was dealt a blow by the departure of co-head Kenneth Held to Schiffer Odom Hicks & Johnson PLLC, but New York-based Steven Paradise is highly recommended, as is Clifford Thau, who is noted for being ‘that rare breed of litigator who blends strong legal skills with corporate savvy’. The firm’s signature oil and gas expertise ensures that it packs a punch in representing energy companies in merger challenge cases but it acts across the full spread of shareholder class action lawsuits and related litigations for a wide variety of energy companies, financial services companies and banks. The firm is representing Statoil in 15 merger challenge cases arising from its $4.4bn tender offer to the Brigham Exploration shareholders. In a highlight non-energy case, the firm is advising global payment services company, MoneyGram, in a shareholder derivative action. Other recent clients include Applied Energetics, Cohmad Securities and Enterprise Products.
Wilson Sonsini Goodrich & Rosati’s Boris Feldman is singled out as a ‘high-profile partner, with bags of experience and a no-nonsense approach’. Considered the ‘strongest collection of securities litigators on the West Coast’, the group is driven from the firm’s Palo Alto headquarters and has an excellent track in representing issuers. As a leading Silicon Valley player, it utilizes its excellent ITC links to specialise in defending major technology and IP corporations in securities-related suits, with recent representative clients including Boeing, Dell Computer, Fluor, 3Com and Hewlett-Packard. In line with its corporate base, transactional-related actions are a sweet spot and in 2011 the firm successfully obtained a dismissal for Nighthawk Radiology and its former officers in a shareholder class action arising from merger activity. The firm also has solid experience in representing banks and other financial institutions in securities actions and has garnered a decent share of litigation arising from the financial crisis. Other experienced partners include Steven Schatz, who divides his time between Palo Alto and New York, and Nina Locker.
Recommended for its experience across the full range of class action securities fraud cases, through to US Supreme Court and shareholder derivative claims, Baker Botts L.L.P. is ‘very good both in terms of quality knowledge of applicable law and in effectiveness of advocacy’. The firm specialises in representing corporations in securities litigation and its trademark strength in oil and gas work is evidenced through a strong energy and construction client base. Led out of Houston by David Sterling, highlighted as ‘outstanding in oral argument’, the team also draws in partners from across the firm’s New York and Dallas offices and includes the ‘efficient and knowledgeable’ Robb Voyles. In 2011, it successfully obtained the dismissal of a securities fraud case filed against engineering and construction company, McDermott International, which alleged that it improperly accounted for losses on offshore construction projects in the Middle East. Frontier Oil Corporation also instructed the firm to defend it in a series of shareholder actions alleging breach of fiduciary duty following a $7bn merger agreement with Holly Corporation. The team has also recently defended Halliburton and Parker Drilling in securities litigation.
The ‘prompt, effective and results driven’ team at Bingham McCutchen LLP provides ‘in-depth knowledge and capabilities in the area of securities litigation’. Clients say the firm’s ‘results speak for themselves’, and certainly it has secured some headline successes over the past year, including its work for trophy client Credit Suisse in a series of cases against some of the world’s largest institutional investors arising from over $2bn in losses incurred on asset-backed securities issued by National Century Financial Enterprises – Credit Suisse was one of the placement agents. Considered ‘a truly integrated national practice’, the team is spread across an extensive US network and is co-chaired by New York-based Jeffrey Smith, Boston-based Jordan Hershman and David Balabanian and Dale Barnes in San Francisco. In a high-profile corporate-side mandate ‘well-rounded attorney with the ability to provide practical advice in managing risks’ John Pernick acted alongside ‘great negotiator’ Charlene Shimada and Balabanian to represent medical device manufacturer Hansen Medical in ongoing shareholder derivative litigation. The firm also successfully defended Argo Partners, an investment company that specializes in distressed investments, in a putative class action.
New York’s C William Phillips heads a ‘capable and hardworking’ team at Covington & Burling LLP, which also benefits from a partner presence in the firm’s San Francisco and Washington Offices. Striking the right balance between corporate and financial sector representations, the group regularly advises companies and individuals in a broad range of contentious securities matters including shareholder class actions and derivative litigation. It is also well-known for its sterling enforcement practice and David Kornblau, a former chief litigation counsel for the SEC, has an excellent reputation for securities enforcement matters and related litigation. In a recent high-profile case, the firm acted as lead counsel for Del Monte Corporation in the settlement of several shareholder class actions arising from the $5.3bn leveraged buyout of Del Monte by a group of private equity funds. In another transactional case, it successfully settled nine shareholder class actions on behalf of SandRidge Energy arising from SandRidge’s proposed $1.3bn merger with Arena Resources. The team has a diverse industry client base and it has also recently handled litigation for UBS, Société Générale, Kowa Pharmaceuticals and Forest Laboratories.
The ‘expensive but excellent’ team at Hogan Lovells US LLP is applauded for its ‘formidable strength in court’, ‘excellent response times’ and ‘good global platform’. The firm is well regarded for its regulatory pedigree and among its leading names, Denver-based securities enforcement specialist Dan Shea ‘leaves no stone unturned in defense of the client’. Clients also recommend Silicon Valley-based Norman Blears for his ‘strong experience and commercial acumen’, and the ‘very smart’ Michael Charlson is ‘committed to finding solutions and is a fast learner’. Although it recorded a growth in instructions from companies outside the US during 2011, the team also remained busy on matters closer to home, especially in relation to merger challenge litigation. Among its recent highlights, it successfully obtained the dismissal of a $1.5bn class action against client Office Depot, and its CEO and CFO, which was later upheld at appeal. On the auditor side, the firm is representing PricewaterhouseCoopers Bermuda in various actions brought by foreign investors relating to feeder funds that had invested in the Madoff scheme.
Largely concentrated in New York, but aided by teams in Chicago, California and Washington, Kirkland & Ellis LLP has a ‘top-notch awareness of the industry’, alongside a ‘wealth of experience in representing auditors’ and ‘excellent bench strength’ – it is also commended for ‘getting associates involved early which empowers them to become better lawyers’. Housed in New York: ‘good communicator’ Peter Doyle is an ‘excellent litigator in all facets’; Andrew Clubok is ‘tireless, tenacious and strategic’; and Yosef Riemer is a ‘strong advocate, has a deep understanding of securities cases and doesn’t get rattled by anything’. In a series of high-value cases, the firm successfully represented real estate developer, Atrium European Real Estate in 15 litigations and arbitrations across seven countries against the troubled Meinl Bank. The litigation involved claims of €3.7bn and led to the separation of Meinl Bank and Atrium. The firm was also instructed by private equity giant Blackstone Group to defend it in three lawsuits worth $8.4bn against Extended Stay Litigation Trust arising from the sale of now-bankrupt company Extended Stay by Blackstone-controlled entities in 2007.
Lawyers at Kramer Levin Naftalis & Frankel LLP receive glowing praise for their ability to ‘genuinely care about your case’, for their ‘excellent response times regardless of time difference’ and for ‘taking time to understand every facet of your commercial background’. In addition, the team is ‘more “fee-conscious” than other US litigation firms and strikes the right balance between the amount of work done appropriate to the size and merits of a claim’. From New York, Gary Naftalis chairs a ‘superior’ group, including the ‘client-oriented and highly experienced’ Michael Dell and Arthur Aufses. Particularly recommended for hard-fought cases, the firm regularly defends issuers, underwriters, lawyers and financial services clients across the full spread of securities and derivative litigation. In a major headline, the firm successfully represented Rajat K Gupta, former managing director of McKinsey & Company, in a groundbreaking administrative case brought by the SEC. The firm also saw its successful defense of equipment rental giant, United Rentals, in class action litigation relating to its failed merger agreement with an affiliate of Cerberus Partners upheld at appeal.
Utilizing an extensive network of offices covering the East and West Coast and Colorado, the ‘proactive and instructive team’ at Morrison & Foerster LLP is ‘very knowledgeable in securities litigation both at a federal and state level’ and billing is ‘the best in the industry for clarity and conciseness’. Put simply: ‘If a client wants to win, these are the lawyers to use’. Co-led by Randall Fons in Denver, Jack Auspitz and Carl Loewenson in New York and Jordan Eth in San Francisco, the practice was bolstered in 2011 by the arrival of auditor specialist Robert Hubbell as partner from Gibson Dunn. He joins a 63-partner group that also includes ‘sharp seasoned lawyer’ Joel Haims – noted for ‘gaining the respect of opposing counsel’ – and the ‘smart, strategic and committed’ James Brosnahan. Although it maintains its strong reputation for representing high-tech companies, clients include major corporations, financial institutions and professional services players. In a headline piece of credit crisis-related ligation, the firm is representing 11 of Countrywide Financial Corporation’s 13 outside directors named in numerous claims arising from the decline in price of Countrywide’s securities. Yahoo! and Merrill Lynch are also recent clients.
DLA Piper LLP’s team is led from Los Angeles and San Diego by Perrie Weiner and Robert Brownlie respectively and includes the ‘timely and effective’ Nicolas Morgan. The firm defends corporate clients against stockholder claims covering the full range of federal securities laws, stockholder derivative litigation and other corporate governance disputes, as well as in contests for corporate control. In a high-profile individual representation, the firm is advising former chief executive officer of Fannie Mae, Dan Mudd, in numerous securities and derivatives matters and has already seen several cases successfully dismissed. In another highlight, the firm obtained the dismissal of a $10m breach of contract and fraud claim on behalf of Orient Paper. Other representative clients include E*Trade, Lockheed Martin and South West Water.
The ‘top-performing team’ at Dechert LLP distinguishes itself through its ‘attention to detail’, ‘impressive strategies’, ‘strong teamwork’ and ‘strong and effective advocates’. Led out of New York by William Dodds, the practice was recently boosted by the arrival of a three-partner team from Orrick, Herrington & Sutcliffe LLP – including former national litigation chair Edwin Woodsome – as well as partners James McGuire, a former associate justice, and Hector Gonzalez from Mayer Brown. Andrew Levander is ‘an outstanding litigator with expertise in securities and white-collar matters’, and Adam Wasserman is ‘dedicated and clearly strives for the successful outcome’. Among the firm’s recent successes, it obtained dismissal of securities claims worth over $100m on behalf of OppenheimerFunds Distributor. The Bank of New York Mellon has also instructed the firm to represent it as trustee of RMBS trusts in several matters.
Greenberg Traurig LLP’s clients state it provides ‘the best service in the market’ due to ‘speedy turnaround times’ and ‘succinct advice that always hits the mark’. Lawyers are ‘always prepared and know every angle in civil securities fraud cases’, with Atlanta-based Terry Weiss recommended for his ‘excellent knowledge of the financial services industry including products, supervision practices and in house policies and procedures’. John Sten is also recommended as a ‘very effective lawyer with a tremendous ability at trial’ and led the successful representation of Smith & Wesson Holding Corporation in a nationwide securities class action claiming the company made false statements that artificially inflated its stock price. The firm also has an excellent reputation for enforcement matters and successfully represented James Tambone, a former co-president of Columbia Funds Distributor, in a SEC civil enforcement action.
The ‘tenacious’ and ‘responsive’ 80-strong team at Katten Muchin Rosenman LLP, impresses for its ‘excellent level of service’ and for its ‘ability to deliver on expectations’. Jointly led by Chicago managing partner David Kistenbroker – highlighted for his ‘unbelievable depth of knowledge in the securities litigation area’ – and the ‘smart and experienced’ Bruce Vanyo in New York, the group maintains a solid track record in defending corporations and their directors and officers in securities actions and merger clearance cases. In a recent highlight, the firm won an instruction from Tekelec and its directors and officers in relation to two sets of litigation including a derivative case and an attempt to block a proposed going-private transaction. The firm also won an instruction from FCStone Group to defend it in consolidated putative securities class actions arising from the financial crisis.
King & Spalding LLP’s clients are drawn from the full list of public and private companies, investment banks, broker-dealers, auditors, investment advisors and hedge funds. The 81-strong team regularly defends clients in federal and state securities litigations, government investigations and related disputes and is considered a ‘major player in the market’. Among the firm’s recent highlights, Robert Thornton led the successful defense of Beazer Homes, and several of its directors, in a shareholder derivative action alleging breach of fiduciary duty. Warren Pope is singled out as a ‘highly knowledgeable and user-friendly partner’ and led the successful defense of EMS Technologies in a shareholder class action challenging the proposed $550m tender offer and merger of EMS with Honeywell.
The team at Morgan Lewis has a strong national footprint, encompassing offices across the East and West Coast, and impresses with ‘responsiveness and an orientation towards client service’. The firm bolstered its Irvine offering in 2011 with the arrival of Robert Gooding, former co-head of Howrey LLP’s securities litigation practice, and partner Scott Garner, who also joins from the now defunct Howrey LLP. They join a ‘tremendously responsible and well-grounded team’ that includes the ‘extremely experienced and polished’ Marc Sonnenfeld – noted as ‘one of the firm’s best assets’. The group specialises in defending issuers – and their officers and directors – in a diverse range of industries and is currently involved in matters across the biotech, subprime lending, financial services and manufacturing sectors. In a recent win, the firm successfully obtained a dismissal of a securities class action for Zimmer Holdings, its CEO and its CFO.
Lawyers at Orrick, Herrington & Sutcliffe LLP ‘invest time to get to know the client and maintain that commercial understanding’ and one source professes: ‘I have not found other firms that can match its skills and very high level of service.’ Led out of San Francisco by the ‘committed, dedicated and highly tenacious’ Michael Torpey, the firm has a niche in auditor representations, but it also has experience across a wide range of litigation and enforcement matters on behalf of public companies, financial institutions and individuals. New York’s Joseph Frank is leading advice to Barclays Capital in the defense of several high-value mortgage-backed securities litigations, including cases brought by the Federal Home Loan Bank of Seattle and Cambridge Place Investment Management. In a high-profile success, the firm obtained a dismissal of a securities class action against semiconductor company, NVIDIA Corporation.
In 2011, Paul Hastings LLP hired Mark Pollack, formerly general counsel at Andersen, and former New York prosecutors Alan Brudner and Maria Douvas, who join as partner and of counsel respectively. Led from New York by securities litigation chair Barry Sher, the 25-partner team has an excellent track record in representing financial institutions in securities cases relating to complex financial products and also in cases arising from bankruptcy and restructuring matters. The firm is representing Appaloosa Management in litigation stemming from the Washington Mutual bankruptcy, involving the largest bank failure in the United States – Appaloosa is a substantial holder of WaMu debt. The firm is also defending UBS in two large cases brought by investors in CDOs issued by UBS.
The ‘superlative’ team at Quinn Emanuel Urquhart & Sullivan, LLP attracts praise for its ‘excellent knowledge of the law’, its ‘professional, aggressive and practical approach’ and for its ‘great bench strength in securities litigation coupled with great in-firm resources for related areas of practice such as bankruptcy and M&A’. Led from New York and Los Angeles by Peter Calamari (‘incredibly strategic’), Harry Olivar (‘a deep thinker who sees around corners that others do not even know exist’) and Philippe Selendy (‘insightful, brilliant, and unsurpassed at oral advocacy’), the structured finance and derivatives litigation team handles work for both defendants and plaintiffs and is currently representing clients in securities litigation worth over $100bn in damages. Among its defense cases, the firm successfully represented internet advertising firm Betawave in a securities class action brought by private equity firm, Sunrise Equity Partners, arising from a PIPE transaction that took Betawave public.
Clients ‘cannot say enough good things about the team’ at Schulte Roth & Zabel LLP. Lawyers are ‘hardworking’, ‘honest and straightforward’ and ‘able to appropriately assess risk while being sensitive to business needs’. Led by co-litigation chairs Howard Schiffman in Washington and New York-based Martin Perschetz – who ‘always achieves the best outcomes’ – the team also includes the very highly rated Richard Morvillo. The practice benefits from its experience in support areas such as white-collar crime, civil enforcement and corporate governance and regularly defends funds, investment advisers, auditors and officers and directors of publically held companies. Among its recent work, it represented the estate of Jeffry M Picower against the Department of Justice and the trustee for the liquidation of Bernard L Madoff Investment Securities in the $7.2bn settlement of claims arising out of the Madoff ponzi scheme.
Led out of Cleveland by Joseph Weinstein, Squire Sanders LLP’s national practice also benefits from platforms in California, Florida and New York. The firm has racked up several important victories in the securities litigation field over the past year, most notably representing Limited Brands, owner of lingerie giant Victoria’s Secret, in a putative class action alleging it deceived investors about attempts to modernize its distribution and online sales systems – the case was successfully dismissed and the plaintiff elected not to appeal. In an ongoing bankruptcy-related case, the firm is representing the CEO and director of LTV Steel in a complex $160m derivative action brought by the official committee of administrative claimants on behalf of LTV Steel, alleging that the defendants allowed LTV Steel to incur debts during its chapter 11 bankruptcy case that they allegedly knew, or should have known, the company could not pay.
White & Case LLP regularly advises financial institutions, corporations, sovereign governments and executives and directors across the full spread of securities litigation include shareholder class actions, shareholder derivative disputes and transactional-related litigation. Global litigation head Glenn Kurtz is recommended and recently led advice to Fairfield Greenwich Group (FGG) in consolidated class action proceedings brought by investors in certain FGG funds seeking to recover $7.5bn worth of losses. The investors are asserting, among other claims, breach of fiduciary duty and securities claims stemming from the alleged failure of FGG to perform adequate due diligence on Bernard Madoff’s investment operation – although the work is ongoing, the firm has already successfully defeated a case brought by a Connecticut state pension fund. Other representative clients include UBS Real Estate Securities, Hess Corporation and Pitney Bowes.
The group at Winston & Strawn LLP has a sterling record in defending accounting firms in securities fraud litigation arising from the financial crisis, with the ‘tireless, smart and effective’ Caryn Jacobs singled out for her ‘ability to always think strategically, which helps clients to sleep at night’. Jacobs co-chairs the practice from Chicago alongside Ronald Betman, but the national team also includes active partners in the firm’s New York, Los Angeles and Houston offices. In a representative auditor-side instruction, the firm successfully represented Grant Thornton in a case arising from its role as auditors of Refco – a brokerage firm that collapsed in 2005 when fraud was discovered in its financial statements. It also successfully represented Scientific-Atlanta in a consolidated securities fraud class action. In May 2012, James Smith and Richard Reinthaler joined from Dewey & LeBoeuf LLP.
California-headquartered technology specialist Cooley LLP attracts praise for its ‘depth of industry knowledge’ and ‘tenacious commitment to the client’s cause’. Among its recent highlights, Michael Rhodes secured a win for eBay in a high-profile shareholder dispute that saw a court order Craigslist’s founders and controlling shareholders to reverse steps that had diluted eBay’s stake in their company. The firm also benefits from a significant East Coast platform, and New York-based William Schwartz and Celia Goldwag Barenholtz successfully represented Clifford Chance in a securities class action brought by investors in a former client.
Clients recommend Richards Kibbe & Orbe LLP as a ‘highly valued contributor to the business’. Split between the firm’s New York and Washington offices, the group is comprised of ‘commercially adept lawyers’ recommended for their ‘excellent handling of the interface with regulators’. The firm recently represented hedge fund and collateral agent Black Diamond Capital Management in litigation arising out of its acquisition of asset manager GSC Group. Other representative clients include BDC Finance and Wachovia Corporation. Brian Fraser and Craig Newman are the main contacts.
Supreme Court and appellate
Index of tables
Supreme Court
-
1
-
Gibson Dunn - Mayer Brown
- Sidley Austin LLP
-
WilmerHale
-
-
2
-
Arnold & Porter LLP -
Bancroft PLLC - Jones Day
-
Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. - Latham & Watkins LLP
- O’Melveny & Myers LLP
-
Robbins, Russell, Englert, Orseck, Untereiner & Sauber
-
-
3
-
Akin Gump Strauss Hauer & Feld LLP -
Covington & Burling LLP -
Farr & Taranto - Hogan Lovells US LLP
-
Jenner & Block LLP - King & Spalding LLP
- Kirkland & Ellis LLP
- McDermott Will & Emery LLP
-
Morgan Lewis - Morrison & Foerster LLP
-
Orrick, Herrington & Sutcliffe LLP -
Paul Hastings LLP -
Proskauer Rose LLP -
Quinn Emanuel Urquhart & Sullivan, LLP - Sullivan & Cromwell LLP
-
Vinson & Elkins L.L.P. -
Williams & Connolly LLP - Winston & Strawn LLP
-
Appellate
-
1
-
Gibson Dunn - Mayer Brown
- Sidley Austin LLP
-
WilmerHale
-
-
2
-
Covington & Burling LLP - Jones Day
-
Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. - King & Spalding LLP
- Latham & Watkins LLP
- O’Melveny & Myers LLP
-
Orrick, Herrington & Sutcliffe LLP -
Robbins, Russell, Englert, Orseck, Untereiner & Sauber -
Williams & Connolly LLP
-
-
3
-
Akin Gump Strauss Hauer & Feld LLP -
Arnold & Porter LLP -
Bancroft PLLC - Cravath, Swaine & Moore LLP
-
Farr & Taranto - Hogan Lovells US LLP
-
Jenner & Block LLP - Kirkland & Ellis LLP
- McDermott Will & Emery LLP
-
Morgan Lewis - Morrison & Foerster LLP
-
Paul Hastings LLP -
Proskauer Rose LLP -
Quinn Emanuel Urquhart & Sullivan, LLP -
Simpson Thacher & Bartlett LLP - Sullivan & Cromwell LLP
-
Vinson & Elkins L.L.P. - Winston & Strawn LLP
-
Leading lawyers
-
-
Lisa Blatt -
Arnold & Porter LLP -
Theodore Boutrous -
Gibson Dunn - Michael Carvin - Jones Day
-
Paul Clement -
Bancroft PLLC - Walter Dellinger - O’Melveny & Myers LLP
-
Roy Englert -
Robbins, Russell, Englert, Orseck, Untereiner & Sauber -
David Frederick -
Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. - Gregory Garre - Latham & Watkins LLP
- Glen Nager - Jones Day
-
Theodore Olson -
Gibson Dunn - Carter Phillips - Sidley Austin LLP
- Andrew Pincus - Mayer Brown
-
Joshua Rosenkranz -
Orrick, Herrington & Sutcliffe LLP - Stephen Schapiro - Mayer Brown
-
Kathleen Sullivan -
Quinn Emanuel Urquhart & Sullivan, LLP -
Seth Waxman -
WilmerHale
-
Lisa Blatt -
Gibson Dunn is one of the most experienced of US Supreme Court practices, and has argued 12 cases over the past three terms, winning eight of them. In addition to this, it continues its impressive success rate with certiorari petitions, having more than 30% of these granted. The firm enjoyed a particularly strong showing in the October 2010 term, in which it won three of its five arguments. Theodore Boutrous argued a landmark class action and employment discrimination dispute in Wal-Mart v Dukes, which resulted in a victory for client Wal-Mart when the US Supreme Court unanimously reversed an earlier ruling and denied class certification. The ruling will lead to a more stringent certification requirement for individualized monetary relief. In the same session, Mark Perry successfully represented Janus Capital in Janus Capital Group, Inc v First Derivative Traders, a securities case in which the firm secured for the client important protection against liability. Perry also argued a significant Hatch-Waxman case for Novo Nordisk before the US Supreme Court in December 2011. Former solicitor general Theodore Olson, who is regarded as being ‘at the height of his career’, obtained a landmark ERISA ruling in Cigna Corp v Amara, a decision that will lead to greater clarity and predictability in plan management. The firm is also extremely active at the appellate level for clients as diverse as US Chamber of Commerce, NFL Players Association, Allergan, and Cable Vision. It successfully represented the US Chamber of Commerce and the Business Roundtable in an appellate lawsuit to overturn the SEC’s Proxy-Access Rule, marking the fourth time the group has been successful in challenging the SEC’s rulemaking. Julian Poon in Los Angeles, James Ho in Dallas and the Washington DC pair of Thomas Dupree and Matthew McGill are widely regarded for appellate work.
Mayer Brown’s Supreme Court and appellate practice melds ‘outstanding written advocacy, excellent judgment, and legal knowledge’, and has argued 13 cases over the last three Supreme Court terms. Praise abounds for the litigators of this firm, with firm founder Stephen Shapiro very highly regarded. Shapiro argued Mayo Collaborative Services v Prometheus Labs before the US Supreme Court, a case which will determine the patentability of the correlation between blood test results and patient health, and will have implications for the free use of natural phenomena to develop better and cheaper drugs tests. Dan Himmelfarb, Evan Tager and Andrew Tauber are ‘go-to stars’, and ‘each is a brilliant and open-minded legal thinker, an expert written and oral communicator, and a business-savvy and trusted team partner’. Lauren Goldman is ‘super client-focused, extremely responsive, an excellent writer, and a poised and prepared oral advocate in her own right’. Andrew Frey is ‘a lion of the appellate bar’ and conveys ‘gravitas’; appellate specialist Scott Chesin is also highly recommended. Renowned advocate Andrew Pincus won a victory for AT&T Mobility in AT&T Mobility LLC v Concepcion, a case concerning fundamental issues of arbitration. As a result, California will now have to enforce even those arbitration agreements that stipulate for consumer complaints to be arbitrated individually. The Supreme Court’s decision, handed down in April 2011, has far-reaching implications for class action law nationwide. The firm also has a broad appellate practice, with 21 attorneys active in 2011 across 18 federal and state courts. The firm has been particularly active in antitrust and securities cases. For instance, before the Seventh Circuit in Minn-Chem, Inc v Agrium Inc, a team led by Shapiro represented a Canadian potash producer in a case involving a price-fixing claim. The firm won reversal of a lower court’s decision, and the case was dismissed.
Sidley Austin LLP’s ‘top-notch’ practice argued five cases in the US Supreme Court’s first session in 2012. The firm is notable for its capabilities nationwide and is particularly active before the Third, Seventh and Ninth circuits. Numerous lawyers from this firm attract praise from clients including managing partner Carter Phillips, who is ‘first among equals as an appellate and Supreme Court advocate’ and Constantine Trela, who is ‘a gifted appellate advocate’. Global appellate co-chair Mark Haddad ‘knows how to frame the issues and deliver results’, and product liability specialist Debra Pole ‘knows how to try a case’. In American Electric Power Company Inc v State of Connecticut, a Clean Air Act case before the US Supreme Court, Peter Keisler successfully argued the case for a team that also included Phillips and former principal deputy associate attorney general Joe Guerra. The Supreme Court unanimously reversed a previous verdict by the Second Circuit, and in doing so upheld the primacy of the Clean Air Act over federal common law. In the first term of 2012, Philips argued a US Supreme Court case for Fox Television, which will determine whether Fox has rights to control swear words under the First Amendment. On the appellate front, the firm scored a major victory for Star Scientific in a patent appeal before the Federal Circuit, which reversed each of the four earlier invalidity findings against the client. Other clients of this ‘superb’ practice include CSX Transportation, Bayer and Microsoft.
Chaired by ‘superstar’ Seth Waxman, WilmerHale has superb pedigree before the US Supreme Court. The firm has argued more than 130 cases in all, and impressively notched four wins in the October 2011 term. Waxman, Paul Wolfson and Daniel Volchok acted in Microsoft v i4i, which saw the filing of over 50 amicus briefs and was argued before the Supreme Court in April 2011. The court upheld a large patent infringement judgment that may impact across the whole US economy, as it led to a tougher standard for proving the invalidity of patents. Waxman also argued FCC v Fox Television Stations, Inc, et al, an important First Amendment matter, on behalf of clients Walt Disney and ABC. IP law is also a strength of the firm. In Board of Trustees of the Leland Stanford Jr University v Roche Molecular Systems, Mark Fleming’s argument for Roche Molecular Systems led to a significant development in technology transfer law as the US Supreme Court’s decision established the importance of drafting IP assignment agreements. The firm has a deep bench of appellate lawyers: in 2011 alone, 28 attorneys collectively made 44 oral arguments in state and federal appellate courts. Patent law is a strength: the practice has handled 35 such cases in the Federal Circuit over the last two years. Edward DuMont in Washington DC and Mark Fleming in Boston have superb reputations for appellate work.
Arnold & Porter LLP’s Lisa Blatt has a superb and growing reputation for US Supreme Court advocacy with one observer considering her to be ‘exceptionally skilled and with a really impressive portfolio’. Blatt has argued 30 cases and has been extraordinarily successful, winning 29 of them. In the 2010 US Supreme Court term, in Sorrell v IMS Health, Inc, Blatt successfully represented IMS Health, a pharmaceutical data-tracking company. The Justices held that Vermont’s Prescription Confidentiality Law violated the First Amendment and effectively extended the scope of First Amendment rights into the marketing sphere in a ruling which may be applicable to other regulated industries. In another highlight, Blatt represented the plaintiff in Henderson v Shinseki, in which the Supreme Court held that the statute of limitations for veterans to challenge disability benefit is not jurisdictional. Blatt also successfully handled a major class action ‘dry pricing’ dispute before the US Supreme Court as well as a DC Circuit case in which the firm successfully obtained a reversal for a pesticide manufacturer, thereby limiting the Environmental Protection Agency’s ability to take enforcement actions against registered pesticide products. Anthony Franze, who is noted for civil racketeer and price-fixing cases, and counsel Dirk Phillips have excellent reputations.
Esteemed former solicitor general Paul Clement joined Bancroft PLLC from King & Spalding LLP in 2011. Clement has argued an unsurpassed 55 cases before the US Supreme Court up to 2012. His practice also encompasses appellate matters, and he is particularly well known for constitutional litigation. In 2011, Clement successfully argued a Fourteenth Amendment case in the US Supreme Court, a securities case in the Ninth Circuit, an administrative law appeal in the DC Circuit, and a certified appeal in the New York Court of Appeals concerning auditor liability. Founding partner Viet Dinh is widely well regarded for Supreme Court cases.
Jones Day gives clients ‘exceptional service’ and ‘candid, helpful advice’. For instance, in State of Florida et al v US Department of Health & Human Services, the firm acted for National Federation of Independent Business in challenging the Patient Protection and Affordable Care Act, President Obama’s controversial healthcare legislation. The US Supreme Court will consider whether the act’s individual mandate to purchase health insurance is constitutional. This high-quality team includes Glen Nager, who has ‘outstanding mastery of certain legal areas, and is very innovative’, and Michael Carvin, who is ‘an extremely talented oral advocate, exceptional at strategy’. Additionally, Gregory Katsas is ‘an excellent writer, extremely responsive to client needs’, and Hashim Mooppan is ‘definitely a rising star in appellate litigation’. Meir Feder is also highly recommended, and scored an impressive success before the US Supreme Court in Goodyear Dunlop Tires Operations, SA v Brown, in which the firm secured a landmark ruling defining the limits on state court jurisdiction.
Washington DC-based litigation boutique Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. has built substantial US Supreme Court experience that is disproportionate to its size. In CSX Transportation v McBride, the firm successfully defended a jury award for an injured railroad worker in an action under the Federal Employers’ Liability Act. This decision should make it easier for railroad workers to prove liability against employers. In Matrixx Initiatives v Siracusano, the firm successfully represented investors in an action based on a drug manufacturer’s failure to disclose information about the harmful side effects of its products. The US Supreme Court unanimously held that the firm’s client could state a claim for securities fraud without alleging that the number of undisclosed adverse events had been statistically significant. Michael Kellogg, a former assistant to the solicitor general, heads this widely well regarded team.
Led by former solicitor general Gregory Garre, Latham & Watkins LLP enjoyed a superb year, with the firm arguing six of the cases that the US Supreme Court agreed to hear in the October 2011 term. In one particularly high-profile case – Maples v Thomas – the firm was granted certiorari in an unusual case where lawyers from a major New York firm, having agreed to represent a death row inmate in Alabama, left the firm in question, causing Maples to miss his deadline for filing appeal. The firm’s appellate practice is also thriving. In Prometheus Laboratories Inc v Mayo Collaborative Services, a team led by Richard Bress and Scott Ballenger persuaded the Federal Circuit to uphold the patentability of Prometheus’ medical treatment method patents, in the process overturning the trial court judgment. The decision may have far-reaching implications in the fields of biotechnology and personalized medicine patents. Another landmark case ended in a significant Ninth Circuit victory on behalf of client Monsanto, in which the firm successfully appealed against an extraordinary injunction that would have led to the destruction of hundreds of acres of genetically engineered sugarbeet.
O’Melveny & Myers LLP’s Jonathan Hacker is highly recommended for US Supreme Court work, and one client praises him and the ‘excellent’ Walter Dellinger for being ‘able to distil complex issues so laymen can understand them’. Hacker argued on behalf of Viad Corp in Kurns v Railroad Friction Products in November 2011, in a case in which the court was asked to decide whether federal laws governing road safety prohibit lawsuits against railroads under state law. Meanwhile, Dellinger’s name was on the docket in the US Supreme Court case, Hosanna-Tabor Evangelical Lutheran Church and School v Equal Employment Opportunity Commission, a case which challenges the ministerial exception to exposure to employment-related suits. Despite Sri Srinivasan’s departure to the US deputy solicitor generalship, the firm also retains a robust and compact appellate practice, with strong partner-level strength on both East and West Coasts. Clients include household names such as Bank of America, ExxonMobil and Morgan Stanley.
Larry Robbins and Roy Englert, both formerly of the office of the solicitor general, are a formidable duo at Robbins, Russell, Englert, Orseck, Untereiner & Sauber. Since 2001, the firm has argued 47 US Supreme Court cases. In the October 2011 term, a team including Englert, Mark Stancil and Daniel Lerman (who argued the case) represented the petitioners in Armour v City of Indianapolis, a case concerning whether a municipal tax scheme violated the Equal Protection Clause. In another matter, Englert led another team in representing the Generic Pharmaceutical Association as amicus curiae in support of petitioner Caraco in Caraco Pharmaceutical Laboratories v Novo Nordisk A/S, et al. The firm’s busy appellate practice acts for clients including major hedge funds, airlines, healthcare providers, and an internet company. The firm is active in the US Courts of Appeals for the District of Columbia, and litigates regularly across the country. Donald Russell is known for antitrust work, and Alison Barnes is well regarded for all aspects of civil litigation.
Former assistant to the solicitor general Patricia Millett is an important component in Akin Gump Strauss Hauer & Feld LLP’s vibrant Supreme Court and appellate presence. Its lawyers continue to act as co-counsel, or to assist in briefing, in US Supreme Court cases including South Carolina v North Carolina, a matter pertaining to water apportionment for the Catawba River Supply Project. It is also handling Abbott v Abbott, a right of custody case in respect of the Hague Convention on International Child Abduction. On the appellate front, the firm won summary judgment in United Techs Corp v US Department of Defense. In this instance, Millet successfully secured a ruling on behalf of the claimant that the Defense Department’s disclosure of documents was arbitrary and capricious.
Covington & Burling LLP’s ‘outstanding’ team is consistently involved in US Supreme Court litigation both through representation of parties and the filing of amicus briefs. The practice is headed by the ‘very responsive, very knowledgeable’ Robert Long, who is ‘a delight to be around’. Long has been appointed by the US Supreme Court to argue in respect of the Anti-Injunction Act, during the critical challenge to President Obama’s healthcare legislation. The firm’s appellate practice is also highly regarded, with Robert Kelner, Robert Lenhard, Michael Francese and Steven Rosenbaum all considered to be ‘smart, reliable, and client-friendly’. Jonathan Marcus has also been hired by the Commodity Futures Trading Commission to defend a challenge to its new rule under the Obama administration’s sweeping Dodd-Frank financial reforms. The firm’s appellate practice – deemed by another client to be ‘the best in the business’ – represented the National Football League after a group of prominent football players brought a class-action antitrust case seeking to enjoin the NFL’s lockout of its player-employees. The parties subsequently reached settlement and a new ten-year agreement.
Farr & Taranto has a superb reputation as a niche appellate law practice with a record stretching back over 30 years. H Bartow Farr and Richard Taranto are both former assistants to the solicitor general. This highly respected two-partner team carries out a variety of complex appellate work, although it is best known on the antitrust, patent and constitutional side. In November 2011, Taranto was nominated by President Obama to serve as a judge on the United States Court of Appeals for the Federal Circuit.
Hogan Lovells US LLP has been boosted by the arrival of former acting solicitor general Neal Katyal (15 US Supreme Court arguments since 2010) to complement the experienced Supreme Court and appellate lawyer Cate Stetson. The two are regarded as ‘superb brief-writers and advocates’. The firm’s active US Supreme Court practice notably includes recent cases such as United States Government in City of Ontario v Quon, which considered Fourth Amendment issues relating to cell phone signal interception, with Katyal arguing for the petitioners. The firm is also lead counsel for the United States in the pending case of United States v Jones. In addition, this ‘exceptional’ firm has built a busy appellate practice in respect of both federal and state appeals. In one highlight at the appellate level, a team led by Ira Feinberg and Dominic Perella represented former executives of Gen Re in United States v Ferguson et al before the Second Circuit. In this matter, the firm successfully reversed its clients’ convictions after persuading the court that prejudicial evidence and improper jury instruction had tainted the trial.
Jenner & Block LLP’s Supreme Court team has had several successes over recent terms, including the well-regarded Paul Smith successfully representing the respondents in Brown v Entertainment Merchants Association et al. In this important First Amendment case, the firm represented the makers of allegedly violent video games that were prohibited under Californian law from selling their games to minors. Having been granted certiorari in April 2010, Smith went on to win a 7-2 victory, with the Court ultimately ruling that the constitutional rights of the video game makers had been violated. In addition, Smith represented General Dynamics before the US Supreme Court in General Dynamics v US and Boeing Co v US, an important state secrets privilege case. Smith was also active at the appellate level on behalf of the plaintiff in the landmark copyright case Viacom v YouTube. The firm’s attorneys handle appeals in state and federal courts, and are particularly active in major cases before the Second Circuit (including Viacom v YouTube; City of New York v Exxon; and ST Microelectronic v Credit Suisse Securities). Barry Levenstam is widely well regarded.
Although King & Spalding LLP was weakened by the departure of Paul Clement to Bancroft PLLC, the firm continues to be praised for its ‘exceptional brief-writing and oral advocacy skills’. Daryl Jossefer (a former principal deputy in the office of the solicitor general), Ashley Parrish and Jeffrey Bucholtz are all deemed to be ‘extremely talented and creative lawyers’. Jossefer is particularly prominent in appellate cases and has argued a noteworthy number of appeals before the Federal Circuit for clients such as McKesson Technologies and CBT Flint Partners. Other clients include Franck’s Compounding Lab and Dynegy Midwest Generation. On the US Supreme Court side, the practice’s record includes having presented arguments – such as Schwarzenegger v Coleman, or PPL Montana, LLC v State of Montana – and filed amicus curiae briefs.
Kirkland & Ellis LLP’s ‘aggressive, smart, and tough’ appellate group is excellent for ‘big, complex, bet-the-company cases’. The team represented Raytheon in achieving victory before the Eleventh Circuit in a highly publicized lawsuit in which homeowners in St Petersburg, Florida, filed a $400m class action after groundwater contamination of their homes. Another significant victory was obtained for Teva before the US Supreme Court when Jay Lefkowitz argued a case which led to a ruling that federal law pre-empts state law tort claims against manufacturers of generic drugs. Lefkowitz ‘provides a depth of understanding and influence in some of the highest courts of our country’. Other clients include Morgan Stanley, Dow AgroSciences and Barr Pharmaceuticals.
McDermott Will & Emery LLP’s team is ‘responsive, hardworking, creative, communicative, and very knowledgeable in both the applicable law and the litigation process’. Clients also appreciate ‘the small teams the firm uses to work on matters’. Practice head Bobby Burchfield is ‘a nationally known expert on campaign finance litigation’, Eugene Goldman is ‘particularly good’, and Miller Baker is ‘well respected in his field’. The firm has been retained by the US Chamber of Commerce in respect of numerous lawsuits brought under a little known patent marking statute, an instruction which has illustrated Baker’s ability to spot difficult issues of law. In this respect, the firm also drafted an amicus curiae brief in support of Wham-O, a Frisbee manufacturer, arguing that the false marking statute is unconstitutional. Other clients include Arthur Andersen, Cisco Systems, and the Republican National Committee.
One illustrative piece of work for Morgan Lewis was the US Supreme Court patent infringement case, Global-Tech v SEB. In this instance, widely respected lawyers Ted Cruz and Allyson Ho won an 8-1 victory for client SEB, a French appliance manufacturer. Cruz and Ho handled both merits briefing and oral arguments, and persuaded the court to adopt a new legal standard of ‘willful blindness’, a test which will now be applied by courts across the country in deciding patent infringement cases. The case joined an impressive list of US Supreme Court matters the firm has argued, including ten cases on the merits in the last six years. Pharmaceuticals litigator Tom Peterson acted in the Ninth Circuit appeal, Golden Gate Pharmacy Services, et al v Pfizer, Inc and Wyeth, in which the firm argued for a fundamental redefinition in product markets, in relation to the Pfizer-Wyeth mega-merger. Other clients are AstraZeneca, Dentsply and Toyota. The appellate team undertakes significant work in a diverse number of courts from the US Court of Appeals for the Ninth Circuit, the Tenth Court of Appeals in Texas, and the US District Court for the District of New Mexico. The firm also has strength in labor and employment litigation through Howard Radzely, environmental work through Ron Tenpas and contentious IP matters with Brett Schuman.
Morrison & Foerster LLP provides an ‘excellent overall level, including response times, business acumen, strength of team, and appropriateness of advice’. Its lawyers ‘focus exclusively on core issues’. The ‘excellent’ Deanne Maynard chairs the practice from Washington DC, while senior of counsel Miriam Vogel, a former appellate judge, is the key figure in Los Angeles. Maynard argued the first case of the US Supreme Court’s October 2010 term, scoring an 8-1 victory for client Bank of America in Ransom v FIA Card Services, as a result of which it will no longer be possible for a debtor who owns a car outright to be able to claim that he has any ‘reasonably necessary’ monthly expense for car ownership. Maynard was part of the team that successfully affirmed that independent state agencies serving as protection and advocacy services can sue other state entities in federal courts to seek enforcement of their federal rights. On the appellate front, the 45-lawyer team has bases on both coasts, and also in Denver. This ‘efficient and cost-effective’ group also achieved notable victories at the Californian Court of Appeal for Target as well as Bullis Charter School. Maynard, Michael Jacobs, Brian Matsui and Daniel Muino won an important victory at the Tenth Circuit for client Novell in its epic litigation with SCO Group, most recently winning affirmation of its copyright ownership rights. Seth Galanter joined the Obama administration in November 2011.
The superb Joshua Rosenkranz heads the team at Orrick, Herrington & Sutcliffe LLP. Rosenkranz is described as ‘a star in every way’ for his role in high-stakes bet-the-company litigation. Among recent victories, Rosenkranz represented MGA Entertainment in an appeal that led to his client winning back the rights to the Bratz doll, thereby effectively salvaging the company. In another matter, the widely esteemed Rosenkranz worked alongside Neel Chatterjee in the high-profile representation of Facebook in The Facebook, Inc v ConnectU Inc, in which the Winklevoss twins – college classmates of Facebook founder Mark Zuckerberg – claimed they had come up with the idea for the company. The case settled, and Facebook was released from all claims. The firm has an impressively deep bench, which was boosted by the arrival in August 2010 of Federal Circuit regular Mark Davies. Peter Coll, who represents PwC in high-stakes appeals, is also recommended, as is senior counsel M Laurence Popofsky for antitrust litigation, and Hopkins Guy for patent appeals.
Paul Hastings LLP’s 22-partner team provides ‘good customer service’, and its lawyers are ‘very knowledgeable in their fields’. The firm is best known for its employment and labor practice as well as for its involvement in landmark pro bono matters; Paul Cane is widely admired for employment appeals. The firm also has an impressive record of arguing commercial disputes before the US Supreme Court, an area in which Stephen Kinnaird excels. Having successfully argued the high-profile case of Padilla v Kentucky in October 2010, Kinnaird went on to argue Holder v Martinez Gutierrez before the US Supreme Court, an immigration matter concerning the statutory requirements for cancellation of removal of immigrants. Other clients include GlaxoSmithKine and UPS.
Proskauer Rose LLP is valued by clients for its ‘substantive’ advice across a range of matters from large copyright litigation to criminal work, including a case – Martin & Lilian Grosz v The Museum of Modern Art, et al – related to art seized during the Holocaust. In United States v Ferguson et al before the Second Circuit, a team led by Robert Cleary and Mark Harris represented Christopher Garand and succeeded in having his convictions thrown out. He had been accused of conspiracy, securities fraud and mail fraud, after a series of complex reinsurance transactions. In Union Carbide v Affiliated FM Insurance, Steven Gilford, Bruce Fader, and Marc Rosenthal orchestrated an appellate win which resulted in a more than $1bn recovery for the client.
Founded by John Quinn, Quinn Emanuel Urquhart & Sullivan, LLP has expanded to become a litigation powerhouse comprising over 600 attorneys. The firm has won a case at the US Supreme Court in each of the past three terms: the 2009 arranger liability Superfund case for Shell Oil; the 2010 Carmack Amendment case for K Line; and, most recently, the 2011 vaccine pre-emption case for Wyeth and Pfizer. The firm has been retained again by Shell to handle the US Supreme Court briefing and argument in the alien tort statute case, Kiobel v Royal Dutch Petroleum. The firm also has a strong record of amicus curiae briefs. The firm’s national appellate practice is particularly strong in Chicago, New York, Washington DC, and along the West Coast. Recent clients include Google, Oracle and Yahoo!. Daniel Bromberg and Margaret Caruso are well known in Silicon Valley; and Kathleen Sullivan Sandy Weisburst, Christine Chung, Adam Abensohn, and Andy Schapiro are recommended in New York.
Although it has no dedicated practice, clients recommend Sullivan & Cromwell LLP as an ‘outstanding’ firm for appellate work. One client enthuses: ‘They are great lawyers, they’re incredibly knowledgeable, it is the most prompt and responsive firm I have worked with, and it makes the right strategic calls.’ Among individual attorneys, clients variously praise Robert Giuffra as ‘a tireless worker, brilliant writer, creative thinker, and great tactician’); Rodgin Cohen, ‘perhaps the preeminent banking lawyer in the US’; and Matthew Schwartz for his ‘fantastic brief-writing and strategic positioning’. The firm represents Microsoft in numerous appeals as part of its ongoing antitrust litigation against Novell. The firm also acted for Banco Central de la República Argentina to secure a Second Circuit ruling entitling the bank to immunity in respect of accounts under the Foreign Services Immunities Act.
Vinson & Elkins L.L.P. has both Supreme Court and appellate expertise. Houston-based Marie Yeates is arguably the firm’s most prominent lawyer, and recently completed her 100th oral argument in Occidental Permian, Ltd. v Marcia Full French et al before the Eleventh Circuit. John Elwood in Washington DC has a constitutional law practice, and he obtained a victory before the US Supreme Court for Nevada Commission on Ethics in Nevada Commission on Ethics v Michael A Carrigan, a case involving First Amendment issues surrounding government officials’ voting rights. Thomas Leatherbury worked successfully for the Episcopal Diocese of Fort Worth in a landmark matter about church assets, and is recommended, as is Gwen Samora. Another major client is Playboy, for which the firm recently achieved a major victory reversing an adverse multimillion-dollar verdict in a Texas state appeals court.
Williams & Connolly LLP was founded by well-known Supreme Court litigator Edward Bennett and it retains this core strength under the current guidance of the prolific Kannon Shanmugam, who recently won a landmark case before the US Supreme Court during his pro bono representation of Juan Smith in Smith v Cain, in which he was comprehensively involved at the merits, briefing and oral argument phases. The 8-1 win was a victory for defendants’ rights to due process. Shanmugam also argued before the Eleventh Circuit representing the plaintiff’s claims under the Alien Tort Statute against former President of Bolivia, Gonzalo Sánchez de Lozada. Outlining the firm’s depth at the appellate level, F Lane Heard III argued the procedure-related case of Rick v Wyeth before the Eighth Circuit, and Paul Mogin featured in United States v Ford before the Sixth Circuit, a case about the jurisdiction of the federal false statements statute. Both attorneys are highly regarded.
‘Outstanding in every respect’, Winston & Strawn LLP is particularly well known for business litigation. Its recently founded appellate group is already arguing Caraco Pharmaceuticals Labs v Novo Nordisk A/S, its sixth case before the US Supreme Court. That matter involves issues of competition between generic and proprietary pharmaceuticals manufacturers, and the firm is considered to be ‘one of the best’ for Hatch-Waxman litigation. The firm also represented Grant Thornton in litigation following the discovery of Refco’s criminal fraud. In that instance, the firm achieved dismissal of a $2bn trustee suit before the Second Circuit and the New York Court of Appeals, and established a critical new accountant liability precedent. In May 2012, Adam Kaiser and Jeffrey Kessler joined from Dewey & LeBoeuf LLP.
Cravath, Swaine & Moore LLP is known for its ‘incredible strategic and creative thinking, unparalleled responsiveness, and on-the-mark advice’. Evan Chesler, Richard Clary, Robert Baron, and Sandra Goldstein all have superb reputations. Anthony Ryan, who has ‘very good technical strengths in the areas of accounting and auditing standards’, represented PwC in a slew of courts in Teachers’ Retirement System of Louisiana, et al v PricewaterhouseCoopers LLP, et al. This included a derivative action brought by AIG shareholders against PwC, and an action filed under California’s Unfair Competition Law. In each of these aspects, the firm was successful. Another important client is Barnes & Noble, which Goldstein’s team successfully defended in a challenge to a ‘poison pill’ rights plan designed to protect shareholders from billionaire investor Ron Burkle’s rapid accumulation of the company.
Simpson Thacher & Bartlett LLP’s New York office handles complex litigation and is fully capable of undertaking appeals despite the lack of a formal appellate practice. Mary Kay Vyskocil made a successful oral argument before the New York appellate division on behalf of United States Fidelity and Guaranty, achieving an award of $420m for the client as well as a further $47m in post-judgment monies. In another highlight, the renowned Barry Ostrager represented Washington International Insurance in an appeal before the Federal Circuit in a high-profile customs bond dispute. Other clients include Blackstone, RBS and DISH Network.
Trade secrets
Index of tables
Trade secrets
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1
- Kirkland & Ellis LLP
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Orrick, Herrington & Sutcliffe LLP -
Paul Hastings LLP -
Quinn Emanuel Urquhart & Sullivan, LLP
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2
-
Covington & Burling LLP -
Keker & Van Nest, L.L.P. - Mayer Brown
- McDermott Will & Emery LLP
- Morrison & Foerster LLP
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Proskauer Rose LLP -
Weil, Gotshal & Manges LLP
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3
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Bartlit Beck Herman Palenchar & Scott LLP - Cravath, Swaine & Moore LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. - Latham & Watkins LLP
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Nixon Peabody LLP - O’Melveny & Myers LLP
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Schiff Hardin LLP -
Seyfarth Shaw
-
-
-
Dentons -
Dorsey & Whitney LLP - Greenberg Traurig LLP
- Hogan Lovells US LLP
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Jenner & Block LLP -
Kasowitz, Benson, Torres & Friedman LLP -
Kilpatrick Townsend & Stockton
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Leading lawyers
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-
Victoria Cundiff -
Paul Hastings LLP -
Thomas Frongillo -
Weil, Gotshal & Manges LLP - Dale Giali - Mayer Brown
- Eric Hagen - McDermott Will & Emery LLP
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Mark Halligan -
Nixon Peabody LLP - John Mancini - Mayer Brown
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James McQuade -
Orrick, Herrington & Sutcliffe LLP - George Riley - O’Melveny & Myers LLP
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Linda Stevens -
Schiff Hardin LLP
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Victoria Cundiff -
Kirkland & Ellis LLP’s ‘superior’ IP and general litigation practitioners are stationed in Chicago, Los Angeles, New York, Palo Alto, San Francisco and Washington DC, providing national reach to clients in a range of sectors looking for penetrating trial experience. Lawyers handle contentious matters from patent disputes to IP rights, and have seen a recent increase in trade secrets cases involving employee moves, business to business competition and trade secret misappropriation, reflecting the speed with which injunctive relief needs to be obtained. With a strong client base in the technology sector, the firm is currently instructed by aerospace, defense and civil electronics specialist Raytheon in its defense of an allegation of theft of air-traffic control-related trade secrets; Jeffrey Rosen and Chris Posteraro in Washington DC lead on the case. The ‘first-class professional’ Russell Levine and Cory Spence in Chicago are representing Coskata in a high-profile, biofuel industry trade secret misappropriation case against competing ethanol bio-fermentation producer INEOS brought under the Illinois Trade Secrets Act.
Orrick, Herrington & Sutcliffe LLP maintains its compelling track record in bet-the-company trade secret tussles, winning plaudits from peers for the team’s ability to turn around adverse judgments. Recent highlights include convincing the US Court of Appeals for the Ninth Circuit to reverse an earlier judgment in the long-running Bratz dolls case, resulting in an April 2011 finding that Mattel had misappropriated its client’s, MGA Entertainment, trade secrets and an award of $88.5m in damages, later doubled. Annette Hurst in San Francisco played a key role, as did highly-commended New York litigator Joshua Rosenkrantz, who was also instrumental in putting to bed long-running claims against Facebook by the Winklevoss twins. Robert Schwarts in San Francisco advised Oracle on two high-profile cases arising on the move of two senior executives from Hewlett Packard. Neel Chatterjee has taken over from Gary Weiss as practice head. Christopher Ottenweller, Michael Spillner and Hopkins Guy are singled out for client praise.
Paul Hastings LLP’s dedicated trade secrets group operates nationally and globally to protect valuable client resources from misappropriation on employee movement and through criminal activity. The group, chaired by Silicon Valley-based employment head Bradford Newman, regularly litigates trade secrets actions for clients across a wide range of industries, and has a strong track record in obtaining injunctive relief. ‘Leading lawyer in the field’ Victoria Cundiff acted for Essent Holdings, defeating a restraining order and negotiating a settlement with Radian Group in 2011. The group’s computer forensic expertise advised a defence industry client to prove misappropriation of technology. In terms of thought-leadership, the group has a high profile in the development of national trade secrets legislation, contributing to discussions in Senate Commissions; and sits on the Sedona Conference on electronic discovery. The globally-connected team has a particular expertise in technology and financial services industry cases, and has the capability to assist clients on the prosecution of trade secret misappropriation via the government and in the defence of white-collar claims.
Quinn Emanuel Urquhart & Sullivan, LLP is ‘strong across the board’, with ‘a number of leading litigators’. Among these, senior practitioner John Quinn was instrumental in obtaining a jury finding that a rival had misappropriated trade secrets belonging to a major banking client in 2011. Robert Raskopf and Claude Stern obtained temporary restraining orders for beauty products corporation Coty, preventing a breach of a non-competition clause by a consultant who was on Coty’s payroll at the time of the misappropriation of Coty’s trade secrets – groundbreaking in that Coty was not enforcing non-compete provisions post termination of employment. A reversal of fortune for the firm in the high-profile case against Bratz owner MGA Entertainment in April 2011 cost client Mattel in punitive damages, but this is being appealed. The team has recently successfully handled disputes for ultra-capacitor manufacturer Maxwell Technologies – a case requiring forensic investigations as far afield as China. It defended Barnes and Noble against claims of theft of e-reader technology, and defended Bluetooth wireless headsets manufacturer Aliph against a claim of misappropriation of manufacturing, product development and financial forecasting programs by Plantronics.
Covington & Burling LLP wields a 22-partner national team co-headed by vice chair of the trade secrets committee of the IPO association Kurt Calia in Silicon Valley and San Francisco-based Michael Plimack. The group has extensive experience on behalf of technology and life science clients in protection of patents and trademarks through licensing, non-disclosure agreements and litigation, often acting as counsel for the defense. In 2011, Michael Schlanger successfully defended fluid dynamics programmer Computational Dynamics North America in a trade secret suit brought by its principal competitor, ANSYS. The team assisted telecoms provider Huawei Technologies reach a court-ordered settlement with Motorola over the transfer of commercial trade secrets. The ‘extremely responsive and articulate’ Stanley Young and ‘excellent trial lawyer’ Robert Haslam provide ‘outstanding performance in the court and on overall strategy’ on high-profile cases including ITC matters.
Pure litigation outfit Keker & Van Nest, L.L.P. has some 30 years’ experience on behalf of plaintiffs and defendants from industries spanning IT – clients include Google, Intel, Broadcom and Amazon – to heavy engineering and medical products. Recent cases for Jeffrey Chanin include defending manufacturer of Zhuzhu pets Cepia LLC, and assisting SBM Site Services in their action against Garrett and Able. Brian Ferrall is another key contact at this San Francisco-based firm with a reputation for excellence in litigation. The group handled the largest trade secrets case by value ($2bn) to be brought to trial on behalf of Taiwan Semiconductor Manufacturing Company.
Mayer Brown’s strength in trade secrets litigation was boosted by the arrival of a team from Howrey LLP in 2011 including leading lawyer Dale Giali and Michael Resch in Los Angeles and Carmine Zarlenga in Washington DC, adding to the already ‘formidable’ presence of John Mancini and his team in New York. The firm has a strong following amongst clients in the high-tech, biotechnology, food products, and pharmaceutical industries, and is instructed by Nestlé and Google amongst others. Illustrating the group’s ability to combine expertise in company to company intellectual property disputes with losses of IP on employee movement, the firm is currently advising Avago Technologies in claims against TriQuint Semiconductor for abuse of proprietary information, and in a separate action against individuals Aigner and Fattinger for misappropriation of trade secrets. In 2011, Mancini’s New York team achieved a significant trial victory for Faiveley Transport in a trade secret case involving train brake parts against competitor, Wabtec Corporation, securing a verdict of $18.1m, one of the highest recorded damages awards in New York courts for trade secret misappropriation.
The ‘consistently outstanding’ McDermott Will & Emery LLP is ‘one of the best’ for ‘outstanding advice on technology developments, handling of customer data, employee hiring and departures, and protection of confidential information’, according to clients. The dedicated group has extensive expertise in state and federal courts and the International Trade Commission, and has particular strength on the intersection between trade secret protection and antitrust law. Silicon Valley-based Anthony de Alcuaz – an ‘outstanding negotiator, litigator, and strategist with great business sense’ – recently obtained a favorable settlement for the flash memory chip maker in an action against Chingis Technology. The ‘very responsive’ Eric Hagen in Los Angeles has ‘superb judgment’ and navigates ‘highly complicated and novel legal issues’ for appreciative clients, who receive a ‘cost-effective service’. Eric Hagen and Terry McMahon successfully defended hard disk drive manufacturer Seagate Technology against plaintiffs Convolve and MIT in a landmark Federal Circuit ruling on attorney-client and work product privilege.
Morrison & Foerster LLP’s trade secrets working group, co-chaired by Daniel Westman in Virginia and the ‘very smart’ Bryan Wilson in Palo Alto, handled a steady caseload of employee-movement based trials during 2011, advising Mantech International Corporation in its action against former employee Barry Greenberg and Analex, and defending XO Communication against claims of trade secret misappropriation and non-solicitation allegations by Global Crossing. The team advised on cutting-edge issues around the use of social media such as representing LinkedIn in trade secrets claims which arose in cross-border trials, run by Eric Tate and Arturo Gonzalez in 2011. Clients including Booz Allen Hamilton choose the firm for protection of valuable technical information and confidential data. Daniel Westman is chair of the trade secrets committee of the American Intellectual Property Law Association.
Global giants such as Reed Elsevier and sanofi-aventis call on Proskauer Rose LLP to put in place watertight mechanisms for the protection of confidential knowledge on the movement of senior executives, and to back this up with uncompromising enforcement through the courts if necessary. The broad range of clients includes media, entertainment and professional services corporations, with a niche practice focusing on executive moves between private equity houses. John Barry – an ‘excellent leader who always looks for consensus’ – achieved the dismissal of an injunction preventing a team of inter-dealer brokers from moving to Chilean firm SIF ICAP in September 2011. Clients consider the globally connected firm to be ‘outstanding in its legal expertise’.
Weil, Gotshal & Manges LLP’s capability in the trade secrets field encompasses restrictions around employee movements and the protection of intellectual property through litigation. Key contacts Michael Epstein and Stephen Kahn in New York are IP specialists. Jared Bobrow, in Silicon Valley, has extensive litigation miles under his belt in the computer, medical device and network communications industries for Microsoft and Cisco. The group represented American Airlines in a trade secret misappropriation action against Northwest Airlines relating to demand forecasting computer systems.
Bartlit Beck Herman Palenchar & Scott LLP are frequent litigators on the Illinois circuits and nationally on behalf of clients from industries ranging from computer software to gene editing technology. Peers speak highly of key players Christopher Landgraff and Mark Levine. The firm has recently successfully defended major client Hewlett-Packard on a charge of trade secret misappropriation brought by Turbon International, relating to the manufacturing of replacement printer cartridges.
Cravath, Swaine & Moore LLP has a strong specialization in bringing complex, high-value trade secret disputes to trial on behalf of plaintiffs in the insurance, finance and technology sectors, and also defending them against claims. The New York-based team has recently taken instructions from the green energy sector; and witnessed an increase in trade secret loss-prevention counseling in place of team and executive moves. Stuart Gold settled a matter brought by client Big Lots relating to violation of Florida trade secrets legislation by Retail Intelligence Group in 2011. Keith Hummel and Roger Brooks advise Qualcomm on protection of its trade secrets by misappropriation by competitors and employees. Hummel also partnered Richard Clary – valued by clients for his ‘succinct advice’ – in the case brought by ethanol-producer INEOS Bio against Coskata and Rahul Basu for misappropriation of trade secrets. The ‘strong team’ gives ‘clear business advice’.
Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. wins plaudits for its IP litigation strength, which forms the backbone of its active trade secrets practice. A high proportion of the lawyers who act for clients ranging from technology start-ups to Fortune 500 companies are technically trained and draw on this and patent and IP legal experience to advise on technology protection. The team advises on licensing and the maximization of revenue from innovations in the transactional context, and achieves results in the courtroom. John Hornick and Kenneth Frankel are the key contacts. In a recent summary judgment the Superior Court of California decided in favor of client RichWave Technology Corporation in a trade-secret misappropriation case involving wireless communication technology.
Latham & Watkins LLP is distinguished by the diversity of industry experience its lawyers can bring to trade secrets matters, and by the emphasis placed on performance at trial and in arbitrations as a means of resolving contentious matters. Recent notable cases include the successful defense of Marvell Semiconductor in Jasmine Networks v Marvell Semiconductor; and a complete arbitration victory for electronic auction consultants FTI Consulting, with an award of $2.5m of costs in their favor (Optimal Markets, Inc v FTI Consulting, Inc). Kenneth Schuler is currently assisting ADA Carbon Solutions in an arbitration with Norit Americas. Co-chair of the IP group Perry Visounty is defending Skullcandy against claims of misappropriation of trade secrets alleged by Monster Cable. James Lynch is also a key player.
Nixon Peabody LLP is active in the protection of trade secrets and technology arising out of the activities of clients from industries ranging from medical devices to restaurants and acoustic and ultrasonic technology. The team is headed by Mark Halligan, widely recognized by peers as a key practitioner, and provides a speedy response to potential threats to clients’ proprietary information. The trade secrets group draws on expertise from the firm’s labor, IP, commercial litigation and white-collar crime groups to advise clients on preventative measures or swing into injunctive mode.
O’Melveny & Myers LLP is recommended by clients ‘to those who are in need of top-notch representation for IP litigation matters’, and is ‘very strong from a technical standpoint, with deep industry knowledge’ in the technology sector. Where expedient, a team will include experts from the IP, business litigation, employment and white-collar practice areas, providing access to lawyers with range of qualifications in order to reach the optimum outcome. Clients, including Advanced Micro Devices, Allergan, Apple, Bank of America and Viacom, appreciate ‘the ability of the team to provide alternative solutions to resolving disputes’. Mark Miller – who ‘provides detailed advice and backs up decisions with reasoned analysis’ – assisted Integrated Device Technologies to secure its proprietary files relating to digital switching, timing, and memory products on the departure of an employee to a competitor in 2011. Darin Snyder, in San Francisco, heads the team.
Schiff Hardin LLP has a long pedigree in trade secrets matters, from the setting of substantive law in leading cases (Pepsi Co v Redmond) to achieving notable settlements which have preserved confidentiality and data for clients such as AON Corporation, Kraft and The Quaker Oats Company. Linda Stevens heads the cross-departmental group which now includes Matthew Prewitt, formerly of Greenberg Traurig LLP in Chicago. Prewitt has extensive national experience representing employers in expedited proceedings to enforce restrictive covenants and defend against employee raiding and misappropriation of trade secrets, and is currently advising JLG Industries and Logoplaste in cases originating from the departure of executives. Patricia Brown Holmes and James Clark continue to assist Sonnenschein, Nath & Rosenthal LLP (now Dentons) in the defense of a $30m claim by Huron Consulting relating to the departure of several consultants.
Seyfarth Shaw’s dedicated 45-lawyer national trade secrets group ‘is full of high-level expertise with unmatched quality of attorneys and staff’. Other law firms hire the firm’s in-house e-discovery group, led by Scott Carlson, which also trains judges and practitioners. The team’s most prominent successes have been in relation to misappropriations of trade secrets on the departure of key executives, not least the settlement of the case brought by client Hewlett-Packard against former CEO Mark Hurd on his move to Oracle. Additional employee moves cases recently handled by team head Michael Wexler and Brian Roche (both ‘very thorough, great depth of knowledge, extremely responsive’) include the successful defense of UnitedHealth Group on hiring executives from Magellan Health Services and CIGNA. The group also handles cases involving theft of IP by competitors for clients such as Wilson Sporting Goods,and recently obtained a defense verdict for client Kilgore Flares Company in a claim for $50m in damages. James Yu in the New York office has ‘great knowledge of his area’, and Robert Niemann in San Francisco is ‘confident and experienced’.
Christian Samay, Reid Ashinoff, Mike Moore and Dana Finberg at Dentons have represented a wide range of clients in the courts of New Jersey, California, Texas and Virginia. Finberg was part of the team defending Kolon Industries against DuPont’s claims of theft of Kevlar trade secrets. The firm’s in-house forensic computer investigations expertise assisted in obtaining favorable orders for client Genworth Financial Wealth Management in litigation against four former employees. As an alternative to litigation, the team’s “knock and talk” approach aids publicity-sensitive conglomerates reach out-of-court solutions to trade secret misappropriations.
Marking its centenary in 2012, some 40 lawyers in Dorsey & Whitney LLP’s seven US offices have notched up a significant number of courtroom successes and settlements for clients in the biotech, healthcare, defense and IT industries over the years. In 2011, a Seattle team led by Paul Meiklejohn fought a successful battle for INNO4 against a preliminary injunction motion alleging theft of trade secrets filed by NetVersant Solutions. Roy Ginsburg in Minneapolis represented a national high-tech firm and two executives in a breach of contract, breach of fiduciary duty, and misappropriation of trade secrets case in which the plaintiff corporation’s claim for more than $1bn in damages was dismissed. Richard Silberberg heads the team, which numbers Lockheed Martin, Cisco Systems, Google, Hormel Foods Corp, and Kowabunga! amongst its clients.
Greenberg Traurig LLP’s platform comprises 32 offices in the US and Europe, providing wide coverage for clients in a range of industries to protect their business-critical information. Of the 600 litigators within the firm, five partners stand out as particularly experienced in the trade secrets arena, and have been active in the sphere of restrictive covenants affecting the actions of departing employees and the use of technology by competitors and employees to obtain information which violates proprietary interests. Of these, New York partner Jonathan Israel is praised by clients as ‘very knowledgeable, thoughtful, thorough, exercises good judgment, and a great strategist and responsive. Additionally, he is a hell of a nice guy’. Israel is assisting Coface North America to obtain damages and a preliminary injunction enforcing non-compete and other restrictive covenants against the former president of a business acquired by the client. Todd Wozniak is active on behalf of several individuals engaged in disputes with former employers relating to restrictive covenants.
Hogan Lovells US LLP’s team works with clients from the outset to ensure that valuable and confidential business know-how is protected through employee agreements, adequate measures on licensing and sale, and courtroom action if necessary. At the national level, the firm has successfully brought a case on behalf of a data analysis solutions company for the misappropriation of trade secrets and breach of confidentiality agreements, obtaining a jury award of $12.1m. The team also safeguarded a biotech company’s intellectual property when a venture capital firm attempted to obtain seats on the board of the biotech company – while investing at the same time in its competitor. The firm has represented an international technology company in litigation relating to secret technology used in radio-frequency identification tags, and successfully acted for an international power and engineering company on a claim for breach of fiduciary duty in Singapore related to the establishment by a former employee of a competing factory in China. Washington DC-based Steven Hollman heads the team.
Jenner & Block LLP has an outstanding reputation for litigation in general. For trade secrets matters, the ‘tireless’ Debbie Berman is the key contact for clients looking for protection of their trade secrets through the drafting of documentation and action in court. Berman’s practice has a media specialization but claims relating to software, source code and consumer products are also covered by the group.
Commercial litigation specialist Kasowitz, Benson, Torres & Friedman LLP are noted in the trade secrets field for its representation of Hilton Hotels in the high-profile civil litigation and subsequent grand jury investigation of Hilton’s emulation of Starwood Hotels’ boutique branding. Aaron Marks and Daniel Fetterman took charge of these procedures, which Hilton settled. The team has had similar results in actions on behalf of chemical company Purolite against Thermax, and for Modern Creative Services in an action against Dell over software misappropriation. In addition to company-against-company situations, the group engages in matters involving employee raiding. Paul O’Connor III and Adam Grant are also active in this practice area.
Kilpatrick Townsend & Stockton demonstrates solid trade secrets litigation experience on behalf of clients including Lockheed, Oracle, Chevron and Jackson Healthcare. The team advises on all aspects of trade secret management, from protection as intellectual property and control of employee use, to litigation; and provides an ‘excellent service, particularly in terms of business acumen, knowledge and response time’. A highlight of 2011 was a dispute handled by Dan Taylor for DuPont against NuPro Technologies, relating to the creation of DuPont’s new flexographic developer solvent, Cylosol. Audra Dial, and ‘outstanding attorneys’ James Bogan and Allen Garrett are active members of the team, located in head office Atlanta and on the West Coast. Bogan’s strengths are ‘in developing strategy and oral argument’, and Garrett is ‘particularly strong in terms of case law knowledge and procedural strategies’.
White-collar criminal defense
Index of tables
White-collar criminal defense
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1
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Davis Polk & Wardwell LLP - Debevoise & Plimpton
- Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Sullivan & Cromwell LLP
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2
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Skadden, Arps, Slate, Meagher & Flom LLP
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3
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Covington & Burling LLP -
Williams & Connolly LLP
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Munger, Tolles & Olson -
Weil, Gotshal & Manges LLP
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WilmerHale - Winston & Strawn LLP
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- Mayer Brown
- McDermott Will & Emery LLP
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Morgan Lewis
- Morrison & Foerster LLP
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Orrick, Herrington & Sutcliffe LLP
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Baker Botts L.L.P. - Cahill Gordon & Reindel
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Freshfields Bruckhaus Deringer LLP -
Keker & Van Nest, L.L.P. - King & Spalding LLP
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Lankler Siffert & Wohl LLP
- Linklaters
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Proskauer Rose LLP -
Quinn Emanuel Urquhart & Sullivan, LLP -
Shearman & Sterling LLP -
Simpson Thacher & Bartlett LLP -
Steptoe & Johnson LLP
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BuckleySandler LLP -
Cadwalader, Wickersham & Taft LLP -
Clifford Chance
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Cooley LLP - Latham & Watkins LLP
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Miller & Chevalier Chartered
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Leading lawyers
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- Elkan Abramowitz - Morvillo, Abramowitz, Grand, Iason & Anello P.C.
- Robert Bennett - Hogan Lovells US LLP
- Barry Berke - Kramer Levin Naftalis & Frankel LLP
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Carey Dunne -
Davis Polk & Wardwell LLP - Gary Naftalis - Kramer Levin Naftalis & Frankel LLP
- Lawrence Pedowitz - Wachtell, Lipton, Rosen & Katz
- Mark Pomerantz - Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Lee Richards - Richards Kibbe & Orbe LLP
- Karen Patton Seymour - Sullivan & Cromwell LLP
- Samuel Seymour - Sullivan & Cromwell LLP
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Brendan Sullivan -
Williams & Connolly LLP - Dan Webb - Winston & Strawn LLP
- Theodore Wells - Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Mary Jo White - Debevoise & Plimpton
At the forefront of the market for many years, Davis Polk & Wardwell LLP provides ‘excellent industry knowledge and practical advice’ to corporates and executives engaged in regulatory enforcement actions, internal and congressional investigations, as well as litigation. Although the team was undoubtedly impacted by the recent retirement of Robert Fiske, it is still able to call upon the services of an impressive number of former government prosecutors including ‘superb’ team head Carey Dunne. Deeply entrenched in the financial services industry, the group continues to handle a number of major investigations and litigation relating to the subprime and financial markets crisis. As well as continuing to represent Morgan Stanley in connection with its investigation by the Financial Crisis Inquiry Commission (FCIC), the group is also advising two major financial institutions regarding the setting of US dollar LIBOR. Linda Chatman Thomsen is a ‘top-quality regulatory lawyer who knows the ins and outs of dealing with the SEC’. Able to ‘combine excellent substantive skills with good judgement’, Thomsen is representing a major financial institution in parallel SEC and DOJ investigations regarding Berkshire Hathaway’s investment in Lubrizol. Anti-corruption is another area of focus for the group, where the ‘excellent’ Scott Muller is very active, particularly in relation to FCPA investigations. Muller is currently representing Morgan Stanley in DOJ and SEC investigations relating to possible FCPA violations regarding its real estate investing operations in China – notably this is the first publicly disclosed anti-corruption investigation of a major financial institution. As part of his broad ranging practice, Raul Yanes is regularly engaged by clients that are the subject of congressional investigations, including Patriot Coal in connection with an investigation into safety practices by the House Committee on Education and Labor. Angela Burgess and Martine Beamon are also recommended. Other clients include AstraZeneca, Pfizer, Siemens, BHP Biliton and Bank of America.
The ‘best in class’, Debevoise & Plimpton’s ‘cordial, talented and responsive’ white-collar and government investigations team has an ‘unparalleled level of knowledge’ across the spectrum of matters including financial fraud, FCPA violations and matters impacting on the pharmaceutical industry. The team has ‘recent, practical experience and an effective way of delivering advice to lawyers and non-lawyers alike’, and handles criminal and SEC investigations and litigation, as well as parallel civil and administrative proceedings. Recognized as the ‘doyen of the white-collar bar’, co-head Mary Jo White is regularly called upon by corporates to extricate them from high-stakes problems. Very active in the financial industry, she continues to represent Kenneth Lewis, former CEO of Bank of America, and recently successfully argued that he should not face individual charges in the SEC’s case against the bank for its disclosures relating to the acquisition of Merrill Lynch. White is one of no fewer than 11-former assistant US attorneys that also includes ‘excellent’ co-chair Bruce Yannett, who was recently part of a multi-office team that represented Ferrostaal in an extensive internal compliance investigation regarding allegations of corruption in several jurisdictions. The ‘thoughtful, commercial and very experienced’ Sean Hecker is representing a former employee of JPMorgan in an SEC inquiry into CDO transactions. Andrew Ceresney and Matthew Fishbein are recommended. Clients include Bristol-Myers Squibb, Forest Laboratories, Ferrostaal and HCA. Neil Eggleston left in February 2012 to join Kirkland & Ellis LLP.
The ‘top-notch’ team at Paul, Weiss, Rifkind, Wharton & Garrison LLP is ‘superb in all ways’ and a ‘market leader in the white-collar space’. Benefiting from a ‘very deep bench and a wide range of experience’, the firm’s breadth of knowledge ranges from securities and tax fraud to FCPA abuses and government contract fraud. As a full-service firm, the team is able to tap into the expertise across numerous complementary areas of law including capital markets, antitrust and litigation. Instructed by an impressive raft of major public companies including AIG, Merck and UBS, the practice is regularly involved in some of the most significant mandates in the market. Emblematic of that was the group’s recent work for Citigroup, which it successfully represented in relation to the allegations that it was responsible for misleading private equity firm Terra Firma over its purchase of EMI by failing to disclose that another bidder had withdrawn prior to the sale. Other work for Citigroup included advising it on the $75m settlement of an investigation by the SEC into the bank’s disclosure of its exposure to subprime mortgage-backed assets. Mark Pomerantz is ‘one of the best white-collar lawyers in New York’, and recently represented Deutsche Bank in the resolution of a multi-year government investigation into the execution of tax shelter transactions for high-net-worth individuals. Roberto Finzi is one of a number of ex-federal prosecutors within the team and has handled a tremendous range of white-collar matters including the representation of major pharmaceutical companies in investigations into alleged off-label marketing and the representation of an individual in a DOJ FCPA investigation. Brad Karp and Theodore Wells ‘have excellent judgement and vast experience’, and Michele Hirshman is also recommended.
‘The best in this space’, Sullivan & Cromwell LLP provides an ‘outstanding’ service to institutions and executives that are the subject of white-collar criminal defense, regulatory enforcement matters and internal investigations. Benefiting from ‘high-level industry knowledge’ and aided by respected lawyers within the firm’s banking and finance team, the group is ‘consistently involved in the most important matters’ occurring within the financial services industry. The ‘excellent’ Karen Patton Seymour is advising Wells Fargo in the SEC’s industry-wide inquiry into sales and accounting practices surrounding CDOs and their role in the financial crisis. Other ongoing high-profile engagements include representing Moody’s in several matters relating to the methodology it used and fees it charged for rating RMBS’ and CDOs, and acting for Goldman Sachs in SEC enforcement proceedings regarding alleged securities violations relating to certain disclosures made in connection with asset-backed certificate offerings. Praised for its ‘well-networked legal support and considered advice’, the firm is regularly sought out by clients to handle work of a multi-jurisdictional nature such as its recent work for UBS in international regulatory inquiries and investigations related to its subprime losses and disclosures in both the US and Switzerland. One of eight former federal and state prosecutors, the ‘very impressive’ Steve Peiken has been particularly active handling insider-trading matters including acting for the former CEO of a public company and a major financial institution in investigations of insider-trading related to the Galleon Group. The ‘calm, considered and experienced’ Samuel Seymour ‘has good judgement’, and as part of his wide-ranging practice has been handling a number of OFAC matters. Nicolas Bourtin is praised for his ‘common-sense, calmness and ability to plan ahead’.
With 30 attorneys based in New York and aided by a strong national presence that includes practitioners in Washington DC, Boston, California and Chicago, Skadden, Arps, Slate, Meagher & Flom LLP’s ‘very strong’ team has the strength in depth to handle the full array of mandates at every stage of the enforcement process, wherever they appear in the country. Able to leverage off a ‘top-class’ roster of blue-chip corporate clients, as well as picking up standalone mandates, the team benefits from a number of former federal prosecutors amongst its ranks, including ‘go-to white-collar lawyer’ David Zornow. Zornow recently successfully secured a significant reduction in the sentence handed down to Stephen Richards, former head of sales at Computer Associates, successfully arguing that acceptance of significant responsibility for securities fraud only two-weeks before the trial should not be precluded from being used in mitigation. He also recently reached a successful resolution for Dell in a significant SEC investigation regarding disclosure issues relating to certain aspects of its commercial relationship with Intel. The ‘very experienced’ John Carroll is another mainstay of the practice, who as well as being involved in a constant flow of FCPA mandates, has also been at the forefront of the DOJ’s insider-trading investigations regarding the ties between hedge funds and the so called “network of experts”. Outside of the firm’s New York hub, Washington DC-based Michele Roberts is ‘a great courtroom lawyer’, who handles a mix of civil and white-collar criminal litigation before state and federal courts. Also recommended are Boston-based Michael Loucks for healthcare fraud, Los Angeles-based Richard Marmaro for white-collar and SEC enforcement, and former White House counsel, the ‘terrific’ Washington DC-based Gregory Craig.
A ‘powerhouse of the Washington DC legal landscape’, Covington & Burling LLP combines real credibility before the agencies with tremendous substantive knowledge across all of the most heavily scrutinized white-collar areas including pharmaceutical and securities enforcement, criminal antitrust and FCPA abuses. With 30 partners in a team that is strong on both coasts, most of whom are former prosecutors and SEC enforcement lawyers, it has the critical mass to handle a tremendous volume of mandates, irrespective of size or location. ‘One of the undoubted leaders for litigation within the pharmaceutical industry’, the team recently represented GlaxoSmithKline in the negotiation of a settlement with the District of Columbia and 37 states over allegations of substandard manufacturing processes at a factory in Puerto Rico. Other highlights in the healthcare industry included advising Johnson & Johnson on various civil actions and congressional, state and criminal investigations relating to a number of high-profile recalls of pediatric over-the-counter medicines. The team is also involved in a raft of matters within the financial services industry, and recently represented Wells Fargo in an $85m settlement with the Federal Reserve Board of mortgage-related claims. The ‘really talented’ Alan Vinegrad has handled a number of high-profile defences on behalf of individuals, including successfully overturning the original decision of the court which found Robert Graham, former senior vice president of Gen Re, guilty of accounting fraud. Alongside Jason Criss, Vinegard also successfully persuaded the trial judge in Ecuador to throw out the criminal charges brought against Ricardo Reis Veiga, a senior executive/attorney with Chevron, for allegedly misleading the Ecuadorian government that Texaco (Chevron’s corporate predecessor) had finished remediating more than 100 mines in the Ecuadorian rainforest. The ‘excellent’ Bruce Baird has a strong track record for handling complex securities enforcement matters and co-chairs the team that also includes recommended partners Mathew O’Connor, David Kornblau and Nancy Kestenbaum.
At the forefront of the white-collar bar since its inception over 50 years ago, Washington DC-based litigation boutique Williams & Connolly LLP is well regarded for its ‘fearsome litigation skills’ which ensures that it is regularly the first port of call for clients engaged in high-stakes matters. While the firm may be traditionally best-known for its representation of high-profile political figures and lacks the same institutional client base to leverage off than many of competitors, it is increasingly being instructed by corporates on high-stakes mandates. This was starkly brought into focus by the decision of News Corporation, who eschewed the services of its normal outside counsel, to instruct the firm in its various criminal investigations, civil lawsuits and government probes regarding alleged phone-hacking activities. Recognized as one of the ‘leading trial lawyers in the country’, Brendan Sullivan is the lead partner in this mandate and is praised for his ‘outstanding advocacy skills’ and ‘strategic nous’. ‘A terrific guy with excellent instincts’, David Zinn is a ‘very good up and comer’ who is regularly involved in matters involving parallel regulatory investigations, as well as related civil lawsuits. Another ‘great young lawyer’ is Kevin Downey who is rated particularly highly for handling securities fraud matters. The ‘very good’ Dane Butswinkas is recognized as a real rising star and is particularly visible for his work within the financial services industry, where he recently secured the acquittal of former Bear Stearns hedge fund manager Ralph Cioffi in a securities fraud case. John Villa is also a ‘leading light’ for financial services-related litigation, and the very experienced David Kendall has regular exposure to white-collar matters as part of a broad trial practice.
Recently bolstered by the arrival of Juan Morillo from Clifford Chance and the return of David Becker following a stint at the SEC, Cleary Gottlieb Steen & Hamilton LLP’s 13-partner New York and Washington DC-based team provides ‘extraordinary high and sophisticated advice’ to clients engaged in regulatory enforcement actions, internal investigations and litigation. Benefiting from ‘deep and lateral industry knowledge’, the team is particularly active handling various matters arising following the fallout of the financial crisis. It represented Bank of America on the recent settlement of an SEC investigation into its merger with Merrill Lynch and Merrill Lynch’s payment of employee bonuses, as well as advising a major global bank in connection with SEC, DOJ and CFTC inquiries into LIBOR-setting practices. The team is also heavily involved for a number of different banks – including HSBC – in the fallout arising out of the Madoff Ponzi scheme. ‘Remarkably responsive, extremely thoughtful and very capable’, Shawn Chen is representing Lafarge North America in a Justice Department investigation regarding federally funded construction projects. Praised for its ‘international focus’, the firm is also able to tap into its international network and is recognized for its ability to handle multi-jurisdictional matters, chiefly manifesting itself in FCPA mandates and price-fixing matters. Giovanni Prezioso, Lewis Liman and David Brodsky are recommended. ‘The senior partners are sensational but the depth of the associate talent pool is also unusually good’.
Benefiting from a strong presence on the East and West Coast as well as a presence in more than 12 countries, Gibson Dunn’s ‘outstanding’ 17-partner team is well equipped to handle a broad range of mandates for both corporates and individuals regardless of location. ‘Top guy’ Joseph Warin is at the heart of the highest-profile mandates handled by the team including representing UBS as one of the defendants in a class action alleging that it colluded with other banks to keep LIBOR at artificially low levels. This matter also illustrates the firm’s ability to successfully integrate its ‘superb’ criminal antitrust practice led by the ‘brilliant’ Gary Spratling. Warin is also regarded as an ‘FCPA expert of the highest order’ and is defending Avon Products in a major government investigation, against claims that it bribed Chinese government officials, as well as acting for the Allied Defense Group in a high-profile FCPA investigation involving a government sting operation to uncover alleged bribery within the defense industry. Post-settlement compliance is also a major speciality of the firm, and this was brought into focus when the firm was appointed by the DOJ as monitor for Siemens in the wake of its deferred prosecution agreement. Joel Cohen and Mark Kirsch recently secured summary judgment on behalf of the hedge fund Wynnefield Capital and its chief investment adviser in a long-running SEC investigation. Other notable practitioners include Jim Walden and Lee Dunst.
Kramer Levin Naftalis & Frankel LLP’s 11-partner New York-based team has deep trial experience on behalf of corporates and individuals across a myriad white-collar issues including securities and accounting fraud, money laundering, criminal antitrust and public corruption. ‘An A+ in all areas’, the team has a trial-ready reputation – with one client praising its ‘creativity and attention to every detail of the court proceeding’. Particularly accomplished within the financial services arena, the group continues to be involved in a raft of cases arising out of the economic downturn including securities fraud matters that frequently involve parallel civil class actions as well as criminal, SEC or other regulatory proceedings. Barry Berke and Paul Schoeman’s ‘deep experience gives them an incredible advantage when it comes to developing a winning trial strategy’. Their trial experience recently came to the fore in the successful acquittal of a former representative at Deutsche Bank in a ten-week criminal trial regarding allegations of tax-shelter fraud. Gary Naftalis and David Frankel display ‘excellent judgement’ and both recently defended Phillip Bennett, the former CEO of Refco, against securities fraud and other criminal charges brought by the United States Attorney for the Southern District of New York relating to the falsification of Refco’s financial statements. The group also recently represented ratings agency Moody’s in an internal investigation into its securities rating methodology. Former federal prosecutor Eric Tirschwell has a burgeoning reputation and as part of his broad-ranging docket of cases continues to represent Bear Stearns in regulatory investigations and civil litigation focused on the collapse of two of its investment funds in the aftermath of the subprime mortgage crisis.
Able to call upon the resources of over 60 litigators, ‘top-class’ white-collar and regulatory boutique Morvillo, Abramowitz, Grand, Iason & Anello P.C. has the critical mass to handle a tremendous range and volume of high-profile criminal matters affecting both corporates and individuals. Although it is unable to leverage off an institutional client base, the team is praised for its ‘personal and very cost-effective service’ and also regularly receives referral work from large full-service firms precisely because it is not a direct threat in other practice areas. Described as a ‘pleasure to deal with’ and a ‘first-class organization’, the ‘very sophisticated and experienced’ team is particularly accomplished at trying cases. The ‘very talented’ Robert Anello and Judith Mogul successfully defended a private wealth company against the claims of mismanagement by several private investors after a reduction in the portfolio’s profitability following the economic downturn and the Madoff fraud. A ‘leader in the white-collar bar’, Barry Bohrer is ‘a very thoughtful and articulate lawyer with a deep understanding of criminal law issues’. A trial lawyer of considerable repute, Bohrer has an enviable track-record representing clients at appellate level. The team also recently welcomed the arrival of Lisa Prager from Wilson Sonsini Goodrich & Rosati in June 2011 – she now heads the firm’s nascent DC office. Particularly accomplished at handling FCPA matters, Prager is defending executives in the military and law enforcement equipment industry accused of trying to bribe African officials. With 22 individual defendants on trial, the case is the largest single prosecution of individuals in the history of FCPA enforcement. One of the stars of the white-collar bar, Elkan Abramowitz displays a ‘great bedside manner that really inspires trust’. Other recommended partners include Jonathan Sack; the ‘extremely responsive and knowledgeable’ Stephen Juris; the ‘highly ethical and talented’ Lawrence Iason, for securities enforcement matters; Jonathan Sack who is ‘extremely well-versed in regulatory enforcement’; and the ‘thoughtful and intelligent’ Jeremy Temkin, for criminal tax matters. ‘All of the partners care deeply about their clients, and their attitude about their clients is a mirror of the integrity and rectitude with which they conduct their services’.
Wachtell, Lipton, Rosen & Katz provides an ‘excellent service’ to financial institutions, corporates and boards of directors across a myriad of matters including accounting and securities fraud, cartel behaviour, FCPA violations and tax fraud. Spearheaded by the ‘brilliant’ Lawrence Pedowitz, while the team may be smaller than many others and generally handles matters that are purely domestic in scope, it is regularly involved in some of the most significant mandates, particularly within the financial services industry. Along with Jonathan Moses, Pedowitz helped secure a favorable settlement for Citigroup without admitting or denying liability regarding allegedly misleading investors over the bank’s subprime exposure. The team also secured a settlement for JPMorgan regarding the structuring and marketing of a $1.1bn CDO offering. Able to leverage off the expertise of the firm’s ‘outstanding corporate practice’ which has stood at the vanguard of corporate governance issues, it also excels at high-level strategic counselling and compliance, and internal investigations. Although instructions from corporates and financial institutions account for the majority of the group’s matters, it does from time to time pick up some high-profile mandates from executives, such as its representation of Michael Dell, the CEO and founder of Dell, in an SEC investigation into disclosure issues arising out of the company’s restatement of previous financial statements and its commercial relationship with Intel. John Savarese and David Anders are recommended.
Headed by Robert Jossen, Dechert LLP’s 15-partner team provides an ‘excellent level of service’ across the spectrum of white-collar matters. Recently bolstered by the arrival of Hector Gonzalez from Mayer Brown and Glenn Fine, formerly Inspector General of the DOJ, the team provides expertise in all phases of an investigation and in evaluating whether to go to trial. Should the matter go to trial the firm also has ‘extremely strong nationwide litigation strength’ which is particular useful in its ability to handle associated civil class actions that often follow on from an SEC investigation. The ability to handle mandates on numerous fronts is highlighted by the firm’s representation of ten independent directors of Lehman Brothers across a raft of investigations and lawsuits following on from the bank’s bankruptcy in 2008. Led by the ‘very smart, experienced and tenacious’ Andrew Levander, the team is handling a myriad of matters including securities and ERISA class actions, opt-out securities litigations and congressional hearings. Levander also continues to represent hedge fund manager J Ezra Merkin and his company in various disputes arising out of losses occurred through the feeder funds investment in Bernard L Madoff Investment Securities. Catherine Botticelli and William Dodds ‘have excellent writing and research skills, as well as strong oral advocacy and negotiating capabilities’, and Neil Steiner is ‘unflappable, very creative and blessed with great stamina’. Clients include Allied Waste Industries, Bayou Group, GSK, Monster Worldwide and Synagro Technologies.
A ‘significant presence in the New York market’, Fried, Frank, Harris, Shriver & Jacobson LLP is well-versed at handling a broad range of white-collar criminal matters, government and internal investigations. ‘Technically sound, commercial and practical’, the group is also praised for their work ethic which sees them ‘rolling up their sleeves and working tirelessly’. ‘Brilliant tactician’ Audrey Strauss has ‘an excellent reputation’ that regularly sees her engaged in some significant investigations, regulatory enforcement actions and related civil litigation. Praised for her ‘tremendous leadership skills’ and ‘take no prisoner style’, she successfully persuaded the regulatory agencies to take no action against a major US bank following investigations into its disclosures and accounting treatment for residential mortgage portfolios. Strauss is one of a number of former government prosecutors that also includes the ‘superb’ William Johnson, who recently represented an investment bank in SEC and FINRA investigations regarding investments in a private company. Leveraging off its deeply entrenched ties with some major hedge funds, the group is also well-positioned to benefit from the government’s increased scrutiny on the industry. Indeed, the team has handled a raft of alleged insider-trading matters, where the ‘smart, knowledgeable and practical’ Karl Groskaufmanis is regularly instructed. The group is also picking up a growing number of anti-bribery matters and is representing a number of financial services companies and an international producer of oil field equipment across a wide variety of multinational FCPA and OFAC investigations and diligence reviews. Howard Goldstein, the ‘great’ Steven Witzel and Carmen Lawrence are recommended.
Headed out of Washington DC by Peter Spivack, Hogan Lovells US LLP’s ‘strong’ team provides ‘excellent competence’ at the nexus of government and business, particularly on matters affecting highly regulated industries such as healthcare and communications. Aided by Jonathan Diesenhaus, Spivack recently represented Synthes in a DOJ investigation into alleged off-label promotion of a medical device used in the spine to help the healing of vertebral fractures. After a five year investigation, the team managed to successfully negotiate a corporate integrity agreement, enabling the company to divest itself of the products at issue, while retaining its right to distribute them in the US and internationally. Other highlights included representing Tigrent (formerly Whitney Information Network) in an internal investigation and subsequent grand jury trial regarding the company’s national marketing program for educational courses designed to teach readers how to trade securities on the stock market. Able to tap into a sizeable international network, the firm is also well-placed to benefit from the increased co-operation between national regulators on enforcement matters. ‘One of the giants of the white-collar bar’, Robert Bennett is a pivotal member of the team and as a former federal prosecutor has ‘tremendous credibility’ before the agencies. Ty Cobb and Carl Rauh are also recommended. Clients include Apple, IBM, Medtronic and National Rural Utilities Cooperative Finance.
With approximately 60 attorneys involved in white-collar criminal and SEC enforcement matters, Kirkland & Ellis LLP has the critical mass to handle a broad array of offences for corporates and individuals out of the firm’s New York, Washington DC, Chicago and Los Angeles offices. Praised for its ‘tremendous bench strength’, which includes some 35 former government officials and also able to tap into a deep well of trial experience, the ‘peerless’ team excels in large-scale mandates that benefit from a coordinated approach and often involves several strands of investigation and litigation. It is one of three firms leading BP’s defense across a raft of regulatory and congressional investigations, as well as related civil class actions, regarding the well-publicized Deepwater Horizon oil spill and explosion. The coordinated nature of the firm’s approach also extends itself to international matters, most notably within the FCPA arena. Led out of the US by the ‘superb’ Mark Filip and ‘talented’ Laurence Urgenson, and aided out of Shanghai by Samuel Williamson – the only Chinese speaking former federal prosecutor resident in China – the team is representing Baxter International in the highly publicized industry-wide investigation into FCPA practices in the pharmaceutical industry. The group also continues to represent Abbott Laboratories in one of the largest pharmaceutical off-label cases in history. The ‘extremely smart’ Mark Holscher is recommended, as is recent recruit from Debevoise & Plimpton Neil Eggleston, who ‘displays an excellent manner with boards and senior executives and regulators’. Clients appreciate the team’s ‘excellent advice, both from an intellectual and practical perspective’. Clients include University of Phoenix, Baxter International, Abbott Laboratories and Walton Street Capital.
O’Melveny & Myers LLP’s 18-partner bi-coastal offering provides a robust and thorough service to corporates and executives embroiled in high-stakes white-collar matters. The firm benefits from a number of experienced litigators and a trial-ready approach which ensures that it has credibility before the agencies and also the ability to effectively handle a trial should the need arise. The team is engaged in a number of the most scrutinized areas of the white-collar arena and recently successfully persuaded the SEC to drop its charges against former Deloitte tax partner Arnold McClellan in an insider-trading probe. The firm’s litigation ability is also complemented by a strong internal investigations practice, which is regularly instructed by corporate clients of the firm. Following accusations made by a former Champion Laboratories sales manager alleging collusion in the auto-filter market, the team carried out an internal investigation for firm client Honeywell International who was implicated in the claim. After the investigation, the team showed that the sales manager had forged a critical document with the intention of suggesting Honeywell had participated in price fixing. The group is also representing a Major League baseball team in an internal investigation regarding the embezzlement of funds. Benefiting from a vast number of partners with prosecutorial experience, the team is praised for its ability to ‘leverage this agency experience in a positive manner’. Former assistant US attorney Carolyn Kubota handles a wide array of white-collar and business litigation and is appreciated by clients for her trial skills and ability to ‘present herself in a very professional and believable manner in court’. Other recommended practitioners include Michael Tubach, for criminal antitrust; Richard Grime, for FCPA matters; and senior counsel David Leviss, for congressional investigations.
Praised for its ‘in-depth knowledge of regulatory and securities matters’, New York-headquartered Richards Kibbe & Orbe LLP has been involved in white-collar litigation since its inception over 20 years ago. Deeply engrained ties with a range of different clients within the financial services industry including hedge funds, private equity firms, banks, insurance companies and investment advisers, ensures that the firm receives a raft of sophisticated and complex work. ‘Classic éminence grise in the industry’, name partner Lee Richards is ‘incredibly knowledgeable, practical and effective’ and is regularly at the forefront of the most significant mandates handled by the firm. Along with the ‘extremely smart, experienced, hardworking and thorough’ Shari Brandt, Richards is representing a brokerage firm in connection with various regulatory investigations into LIBOR submissions by banks on various LIBOR panels. Other highlights included acting for a hedge fund, as well as senior executives of a major global financial institution, in investigations regarding the marketing and syndication of structured products containing sub-prime assets. Washington DC-based practice head Michael Mann is recognized as a leader at advising clients in the international financial services sector. The international aspect of his practice manifests itself in his continued representation of a major US public company with its FCPA investigation and the subsequent development of a compliance program. Jeffrey Lehtman ‘performs his work with great skill and confidence, and analyzes problems and tackles sensitive situations creatively and knowledgeably’.
Spearheaded out of Chicago but also benefiting from a strong presence on both coasts, Sidley Austin LLP’s ‘good and deep team’ provides ‘very responsive and on point advice’ to corporates and individuals across a range of matters including securities fraud, FCPA violations, tax and healthcare fraud, among others. The team is involved in some high-profile matters within the financial services industry including representing a major bank in a number of DOJ investigations relating to mortgage securitization practices. The firm’s already strong roster of former government officials was recently further bolstered by the arrival of David Rody and David Hoffman, in New York and Chicago respectively. The team is particularly accomplished at representing clients from highly regulated industries and recently represented healthcare entity Genentech in a government investigation into allegations of improper promotional activities related to the cancer drug, Rituxan. The ‘super smart’ Bradford Berenson has ‘an excellent bedside manner’ and ‘applies well thought-out defense strategies in both court motions and court appearances’. The ‘highly experienced and knowledgeable’ Karen Popp provides ‘expert and practical advice’ and along with Berenson represents several global pharmaceutical companies in connection with FCPA investigations before the DOJ. Clients include AT&T, Aventis, Celgene, Duke Energy and Johnson & Johnson.
Based out of its Los Angeles and San Francisco offices, West Coast litigation powerhouse Munger, Tolles & Olson’s ‘excellent’ white-collar group has a strong reputation on behalf of a diverse mix of corporates, celebrities and executives. Benefiting from 13-former Justice Department lawyers amongst its ranks, the firm is well-placed to handle regulatory enforcement matters – an attribute that is enhanced by a trial-ready approach which ensures that the client is well-served should the matter become litigious. The team was recently bolstered by the arrival of the ‘truly excellent’ former federal prosecutor John Owens. Brad Brian is ‘top of the line’ and as part of his broad roster of work is currently acting as co-counsel for drilling company Transocean in litigation arising from the Gulf of Mexico oil spill. Jerome Roth is recommended for his work on behalf of both individuals and corporates across a wide array of offences including stock options backdating, FCPA violations and criminal antitrust matters.
Predominantly led out of the firm’s New York and Washington DC offices, Weil, Gotshal & Manges LLP’ ten-partner team handles work for a strong list of corporates and financial institutions, many of which are already institutional clients of the firm. Leveraging off the firm’s reputation as a superb corporate governance outfit, the team excels in putting in place robust compliance programs that prevent action being taken by the regulators. The group regularly handles internal investigations for corporates, audit committees or boards of directors, either at the behest of the government or on their own initiative. It also benefits from the ability to tap into the expertise of a well-regarded securities litigation group, ensuring that it is well equipped to handle mandates that progress on many levels including agency investigations and accompanying private actions that regularly follow. ‘Very talented’ former federal prosecutor Jonathan Polkes has a superb reputation in the market, particularly for handling matters affecting clients in the financial services industry. Also co-head of the firm’s securities litigation practice, Polkes has been involved in a myriad of high-profile matters arising out of the financial crisis including a raft of criminal and regulatory investigations and civil litigation following the collapse of Lehman Brothers. Previously chief of the DOJ’s fraud section, Washington DC-based Steven Tyrrell co-chairs the practice along with Boston-based Thomas Frongillo.
Based out of Boston, Washington DC and New York, WilmerHale’s 12-partner group provides ‘very responsive’ advice to corporates, executives and high-ranking public officials engaged in internal and government investigations, congressional inquiries and criminal litigation. The firm has ‘excellent relationships with the agencies’ and is best known for its ‘top-class’ SEC practice on enforcement actions or investigations initiated by the agency. Emily Schulman is representing a hedge fund and founding principal in a complex federal grand jury, SEC investigation and internal investigation, into alleged insider- trading. Able to tap into a vast array of healthcare clients courtesy of the firm’s longstanding expertise in the area, the team has handled a significant amount of work – particularly out of Boston – representing them against various allegations of fraud. It recently resolved a series of global criminal and civil investigations on behalf of Novartis alleging the off-label promotion of various drugs it manufactured. Robert Keefe was involved in the aforementioned matter, and has a ‘long history of handling white-collar work and has the relationships that count’. Other highlights included representing BP in the myriad investigations and legal proceedings brought about following the Deep Water Horizon oil spill. The practice is led by Stephen Jonas and aided by an ‘excellent support cast’ that includes ‘outstanding’ litigation chair Howard Shapiro, Brent Gurney and Karen Green.
Benefiting from ‘substantial depth and subject matter expertise’, Winston & Strawn LLP provides a ‘uniformly high service’ to corporates and individuals faced with regulatory enforcement actions, congressional investigations and jury trials, across a broad canvas of matters including securities fraud, executive compensation, public corruption and price fixing. Co-chaired by three former assistant US attorneys, Thomas Buchanan, Richard Lawler and Robert Michels, the team has excellent credibility before the regulators and has the ability to call upon the ‘huge talents’ of a very strong pool of litigation talent. One such litigator, the ‘amazing’ Dan Webb, is widely recognized as one of the preeminent trial lawyers in the country and is ‘regularly called upon when major corporates or executives get in bother’. Webb recently represented William Cellini in a high-profile jury trial regarding an alleged attempt to extort an investment firm for campaign contributions to a public official. Other highlights included representing Jerry Williams, former CEO of Orion Bancorp, in a criminal case including allegations of bank fraud.
The ‘extremely knowledgeable and responsive’ 17-partner team at Mayer Brown provides ‘an outstanding service at all levels’ to corporates and executives engaged in internal investigations, regulatory enforcement actions and litigation from its offices in Chicago, New York, Washington DC and Los Angeles. Benefiting from a global footprint, the firm is well placed to handle the increasing volume of enforcement actions involving regulators from numerous countries. With 13-former assistant US attorneys amongst its ranks and also aided by the recent recruitment of former Chief Investigative Counsel in the office of the Special Inspector General for the Troubled Asset Relief Program Richard Rosenfeld, the team has significant credibility before the authorities. Chicago-based co-head Vincent Connelly is representing Steve Furr, one of the principals of a “food coupon” company, in a criminal indictment alleging a massive manipulation of the process. Co-head Lynn Neils is ‘extremely experienced, thorough, practical and thoughtful’, and is ‘highly professional and persuasive in meetings with witnesses and adversaries’. The team was recently bolstered by the arrival of the ‘excellent’ Kelly Kramer from Nixon Peabody LLP. Kramer is praised for his ‘excellent understanding of the SEC and its investigatory process’.
With strong capability in Chicago, Washington DC, Los Angeles and Boston, McDermott Will & Emery LLP provides ‘extremely practical advice and unsurpassed problem-solving ability’ across DOJ and SEC investigations including matters relating to bribery, government contracting and procurement fraud and FCPA violations. Also able to leverage off the services of a formidable 180-attorney national litigation practice, the team is well-equipped to handle high-profile criminal trials. This was recently underscored by the firm’s success on behalf of former Broadcom executive Henry Samueli in achieving the dismissal of the entire criminal stock-options backdating case brought against him. The team also successfully defended John Flannery, former CEO of State Street Global Advisers, in what was one of the first cases brought by the SEC arising out of the financial crisis and subprime securities debacle. The team also benefits from a ‘lot of depth in the healthcare field’, where Russell Hayman is particularly accomplished. The ‘extremely responsive and strategic’ David Rosenbloom also handles a significant amount of work within the healthcare sector and along with ‘thoughtful, practical and creative’ Boston-based team head Michael Kendall recently represented Amgen in a major false claims case. Washington DC-based Paul Thompson has ‘thorough subject matter expertise’ and is particularly accomplished at handling internal investigations on behalf of corporates and in establishing suitable compliance programs. Clients include Aon, DaVita, Resurrection Health Care, Strong Financial and Ambac Assurance.
Headed by the ‘exceptional’ Eric Sitarchuk, Morgan Lewis’ 15-partner team provides an ‘outstanding service’ to corporates and individuals across the full canvass of criminal and government enforcement. Benefiting from numerous lawyers with former governmental experience, including one ex-White House counsel and 12-former assistant US attorneys, the practice has tremendous insight into how the government runs its cases. The firm’s overriding ethos remains on attempting to protect the client from unnecessary bad publicity and on preventative measures, however, should the matter reach the courtroom it is able to call upon an excellent cadre of noted litigators. Former White House counsel Fred Fielding is a highly trusted adviser to a raft of major corporates, as well as senior public and administration officials, and in this capacity excels at matters at the intersection of government and business. The ‘very strong’ Amy Conway-Hatcher recently conducted a 13-month FCPA compliance assessment of a major medical device company and also acts for it in ongoing DOJ suggested remedial measures. As part of her broad ranging practice, Leslie Caldwell recently represented a major corporate in an FCPA investigation into possible violations in several countries, as well as acting for the CEO of an Asian computer component manufacturer in an antitrust investigation by the DOJ. Although the firm prides itself on having practitioners who can cover the broad spectrum of white-collar matters, certain partners have unique specialisms, including former chief of the IRS criminal investigation division Mark Matthews, who excels at handling criminal tax defense matters. Clients include AstraZeneca and Guthrie Health.
Led out of the firm’s New York and California offices, Morrison & Foerster LLP provides a ‘superb quality service’ to corporates and individuals across the waterfront of white-collar issues. Sitting within its wider securities litigation, enforcement and white-collar criminal defence group, the firm is well-placed to handle work for clients on numerous fronts including regulatory investigations, congressional inquiries, grand jury trials and related civil litigation. ‘Very bright’ co-head Carl Loewenson is an ‘excellent litigator’ and is one of a number of former ex-federal prosecutors that also includes the ‘superb’ Ronald White. Loewenson is involved as a court-appointed receiver in three separate SEC enforcement actions including a continued role for the victims of the CBL Ponzi scheme (to date he has managed to secure approximately 90% of the $200m invested). Adam Hoffinger is representing Mylan Laboratories in a false claims action alleging misrepresentations to the Medicaid program regarding the FDA approval status of certain drugs. On the West Coast, James Brosnahan has an exceptional reputation and as part of his general litigation expertise is regularly involved in high-profile white-collar matters. The firm’s international network, which includes offices in London and Asia, is regularly involved alongside the US team to represent clients that are the subject of FCPA investigations.
Headed by the ‘very talented’ Mark Beck, Orrick, Herrington & Sutcliffe LLP’s 17-partner team provides expertise in a number of hot-button issues including FCPA matters, insider-trading, healthcare industry-related fraud and criminal antitrust. Washington DC-based Michael Madigan has been at the heart of a number of the most significant mandates handled by the group and is currently representing a defendant in the high-profile and potentially precedent setting FCPA case brought about as a result of a DOJ-led sting operation. Madigan is also currently representing conservative activist James O’Keefe in criminal and civil litigation following claims that the undercover recording of ACORN – a community based advocacy service for individuals on medium to low income – employees taking part in improper activities was performed without their knowledge and was doctored. Global head of litigation Walt Brown is a ‘superstar’, who is ‘feared by prosecutors’, and regularly handles white-collar matters for both corporates and individuals. ‘Brilliant, dogged, fearless and an excellent trial lawyer’, Brown is a key part of a team representing the former president of Countrywide Financial across multiple investigations and litigation arising out of the collapse of the mortgage lender. The ‘very under-rated’ Pamela Davis has ‘excellent advocacy skills’ and has been involved in more than 65 jury and court trials.
Driven out of Washington DC and with a significant presence in Houston, Baker Botts L.L.P.’s ‘strong and deep bench of trial lawyers’ are praised for their ‘knowledge of the law and the relevant prosecuting agencies’. Team head Michael Barta is ‘outstanding at working with the DOJ’ and is currently representing a prominent individual in a federal public corruption investigation. Barta has also been at the forefront of the team’s recent work on a number of high-profile multi-jurisdictional investigations. Most notably, along with ‘excellent negotiator’ Robb Voyles, he recently helped resolve a major alleged bribery case for Halliburton involving investigations in the US, UK and Nigeria, amongst others. William Jeffress is another ‘outstanding litigator’ who continues to represent Joe Price, former CFO of Bank of America, against allegations that he failed to disclose material information regarding the bank’s merger with Merrill Lynch. Houston-based Samuel Cooper is ‘really sharp’.
At Cahill Gordon & Reindel, former US attorney of the SDNY David Kelley has vast experience and credibility in the market, and within private practice is regularly involved in some of the key issues affecting the financial services industry. He is representing the group treasurer of a large international bank in connection with the high-profile LIBOR investigations and is also advising numerous individuals in the “pay-to-play” investigation brought by the New York Attorney General. The ‘vastly experienced’ Bart Friedman is another highly sought after individual within the practice and is recommended for the ‘sagacious’ advice he provides to corporates, management or independent members of the board. He is currently representing the independent directors of Freddie Mac across numerous US regulatory investigations. By no means solely confined to work in the US, the team is often involved in mandates involving an international complexion. As well as regularly advising on OFAC concerns, FCPA matters also account for a significant proportion of the team’s work – both in terms of general compliance and in response to agency investigations. Notably, the team recently represented the audit committee of Pride International regarding the conduct and recent settlement of extensive DOJ and SEC investigations into alleged FCPA contraventions in at least 11 different countries in which Pride conducted business.
While it may be smaller than some of its peers in the market, with four former high-ranking government lawyers within its team, Freshfields Bruckhaus Deringer LLP provides real gravitas and expertise to clients engaged in investigations by industry regulators and prosecutors. Leveraging off a large international network as well as a superb roster of institutional clients, the team continues to be most prominent within the FCPA arena, where Adam Siegel co-heads the global investigations practice in unison with colleagues in London and Germany. The success of the team is illustrated by the fact that since the inception of the global investigations practice two years ago, Siegel has handled in excess of 30 FCPA investigations in the US, and numerous other investigations out of the US in jurisdictions around the globe. The team is also regularly engaged by multinationals to advise on global compliance matters. Timothy Coleman specializes in representing clients in fraud and corruption investigations, and has recently been instructed by a number of companies in integrity investigations by the World Bank in connection with emerging markets projects. Aaron Marcu specializes in advising financial institution clients across the spectrum of offences including allegations of financial accounting and securities fraud and insider-trading. He continues to represent Raoul Weil, the former CEO of UBS’ global wealth management business, in criminal and SEC investigations arising from an alleged scheme to aid thousands of US taxpayers in evading their US income tax obligations. Benito Romano is also recommended and is currently engaged by a private equity firm regarding potential trade sanctions matters related to the activity of a portfolio company. Clients include Bristol-Myers Squibb, Bank of America, Daimler and Pfizer.
A staple of its litigation workload since its formation over 30 years ago, Keker & Van Nest, L.L.P.’s white-collar defense practice handles a broad array of offences for clients including securities fraud, insider-trading and price-fixing allegations. Regarded as a ‘fearsome litigation outfit’, the firm excels at taking on cases for individuals and corporates that require a robust and uncompromising approach. Name partner John Keker exemplifies these qualities and is regularly at the forefront of the most significant mandates handled by the team. As well as recently being appointed to Lance Armstrong’s legal team in the defense of federal investigation regarding alleged performance-enhancing drug use, he is also defending tomato scion Frederick Scott Salyer against racketeering and corruption charges. Elliot Peters is also recommended and regularly works alongside Keker. Jan Nielsen Little is one of the leading lights of the practice and is representing a former Citigroup employee in an SEC enforcement action regarding allegations that the bank failed to disclose information regarding certain mortgage-backed investments.
Able to tap into a the services of an experienced roster of former government lawyers – which was further enhanced in 2011 by the return of ex-senior federal prosecutor Michael Pauze and the arrival of senior counsel Donna Kooperstein from the DOJ’s antitrust division – King & Spalding LLP has excellent credibility before the agencies across a broad swathe of white-collar matters. Dividing his time between the firm’s Washington DC and Atlanta offices, the ‘very experienced’ Christopher Wray heads the special matters and government investigations practice. Reflecting the team’s all-encompassing expertise, Wray handles an array of white-collar matters including healthcare fraud, securities enforcement and FCPA violations. The team is, however, probably best-known for its ‘tremendous expertise’ within the healthcare industry. The ‘hardworking, responsive and creative’ Mark Jensen has quickly made a name for himself as an extremely accomplished lawyer within the field and is regularly called upon to represent global pharmaceutical companies faced with criminal prosecutions; Jensen recently helped Johnson & Johnson reach a global $81.5m settlement that ended a DOJ inquiry into off-label marketing of the epilepsy and migraine drug Topomax. ‘Calm and experienced’ managing partner of the firm’s Washington DC office Wick Sollers is recommended, in particular for his work within the healthcare industry.
New York-based 23-lawyer litigation boutique Lankler Siffert & Wohl LLP is best-known for its ‘truly superb service’ to individuals faced with a range of regulatory investigations and white-collar criminal defense matters. The scope of the criminal work handled by the firm covers the gamut including insider-trading, market manipulation, money laundering, healthcare fraud, public corruption and environmental violations. The esteem with which the firm is held can also be demonstrated by the roles it has had serving the courts or government in an impartial capacity, including acting as RICO administrator of the Fulton Fish market. Helen Gredd, Frank Wohl, John Siffert and John Wing all have ‘terrific reputations’.
Praised for its ‘common sense approach’, Linklaters provides a ‘great deal of business acumen’ to blue-chip corporates and financial institutions across regulatory enforcement actions, internal investigations and civil litigation. Although it is a small team in comparison with many of its peers, former government prosecutors Joseph Armao and the ‘very strong’ Larry Byrne both have an excellent reputation in the market and are ‘talented, dedicated, creative in finding favourable outcomes, and always at the top of lists of best white-collar lawyers in the US’. Able to leverage off the firm’s huge international network, the team excels at high-stakes matters often involving a cross-border component. In conjunction with the firm’s London office, Armao is representing News Corporation’s Management & Standards Committee regarding investigations related to the News of the World phone-hacking scandal. This cross-border capability is a particularly attractive proposition for clients who are increasingly faced with regulatory scrutiny not just domestically but from other worldwide regulators. This most readily manifests itself in relation to criminal antitrust mandates and bribery matters, both areas of strength for the firm. FCPA work is indeed a significant driver of the practice, a fact that is underscored by the firm’s high-profile recent involvement for BAE Systems in the DOJ and SFO investigation into alleged bribery payments.
A ‘strong go-to-team for any level of white-collar defense’, Proskauer Rose LLP’s 21-partner team has ‘excellent’ trial experience across many of the most significant current issues in the market including insider-trading, criminal antitrust, offshore gambling and securities fraud cases. ‘Talented white-collar experts’, Robert Cleary and Dietrich Snell are ‘highly thought of in New York circles’ and benefit from a wealth of litigation experience, both in their time as federal prosecutors and in private practice. The culmination of nearly seven years’ representation, notably Cleary recently secured the dismissal of the one remaining count against William Gilman, former managing director of Marsh, regarding allegations of bid-rigging, price-fixing, customer allocation, larceny, and fraud. Cleary also recently successfully negotiated a guilty plea for Robert Van de Weg, an executive with Cargolux Airlines International, in the long-running criminal antitrust air cargo case. Snell recently represented Cambium Learning Group, an educational materials publishing company, in an internal investigation into the embezzlement of approximately $14m by the former director of budget and finance.
West-Coast litigation leviathan Quinn Emanuel Urquhart & Sullivan, LLP provides ‘practical and very knowledgeable advice’ to corporates and individuals across a range of matters including healthcare fraud, FCPA abuses, criminal antitrust and securities fraud. Active across all stages of the criminal process, the team is a particularly strong choice for those seeking aggressive litigators who are not afraid to go to trial. Although the firm is ruled out of acting as defense counsel for banks (because it acts for plaintiffs in civil actions against them) and is therefore precluded from some of the highest-profile mandates on the financial services side, it still picks up a stream of significant mandates, and is, in light of the enforcement agencies’ increasingly zealous wish to bring criminal charges against individuals, well-placed because of the host of seasoned trial lawyers at has its disposal. One such heavyweight is ‘knowledgeable, professional and sharp litigator’ Jim Asperger, who is currently representing a Fortune 50 corporate in a federal grand jury investigation relating to alleged violations of environmental laws. ‘Outstanding trial lawyer and strategist’ John Potter regularly handles healthcare matters and recently secured a notable victory for Johnson & Johnson in a five-year criminal investigation and related qui tam action involving allegations of violations of the Food Drug and Cosmetic Act. ‘Great trial lawyer’ Dianne Doolittle is also regularly involved in healthcare matters as part of her broad-ranging white-collar practice. Asperger, Potter and Doolittle also recently successfully exonerated a very high-profile CEO who became the subject of a DOJ investigation. On the East Coast, former assistant US attorney of the SDNY Marc Greenwald is particularly well-versed at handling financial fraud cases and is praised for his ‘ability to map out winning legal strategies and to communicate complex issues in a manner that the lay person can understand’.
Headed out of New York by Stephen Fishbein, Shearman & Sterling LLP’s six-partner team has an increasingly strong reputation at handling significant FCPA matters. Aided by a wide international network, the team is currently representing a European-based transportation company in a DOJ criminal investigation of possible bribery in Africa, Middle East, South America and Asia. ‘An expert in the FCPA field’, co-head Philip Urofsky and the ‘professional, proactive and pragmatic’ of counsel Danforth Newcomb are at the ‘top of their field’. The team also handles a significant amount of work relating to the financial services industry. As well as the firm’s high-profile work on behalf of the Galleon hedge fund in insider-trading litigation and investigations, the team is currently representing several banks in LIBOR investigations and related litigation. Adam Hakki is noted for his work within the financial services industry and led on the Galleon matter. Clients include Cargolux, Credit Suisse, UBS and Amaranth International.
Headed by the ‘excellent’ Mark Stein and Paul Curnin, Simpson Thacher & Bartlett LLP provides ‘first-rate business-oriented advice’ to major corporates and high-profile executives across a wide spectrum of government investigations. The firm has been involved in many of the hot-button issues within the financial services industry including representing a major global financial institution in a regulatory investigation into its mortgage backed securities business and advising a major bank on the ongoing LIBOR investigation. Other highlights included successfully defending a European manufacturer in a DOJ criminal antitrust investigation regarding bid-rigging allegations. Described as a ‘real up and comer’, Joshua Levine is ‘hardworking, cautious and knowledgeable’ and is a key member of a team that was recently strengthened by the arrival of Cheryl Scarboro, former head of the SEC’s FCPA unit. Clients include JPMorgan and Christopher O’Meara.
Although it is smaller than many competitor firms, Steptoe & Johnson LLP’s ‘smart and personable’ five-partner Washington DC-based practice provides ‘strategic and accurate advice’ to a wide range of clients across a myriad investigations and litigation. Led by the ‘poised and prepared’ Brian Heberlig, the team is noted for its trial-ready approach which has manifested itself in a number of high-profile victories. ‘Go-to white-collar litigator’ Reid Weingarten is regularly sought out by politicians, celebrities and chief executives in high-stakes matters. Weingarten recently scored a highly publicized victory on behalf of former GSK associate general counsel Lauren Stevens in an obstruction case. The team ‘truly understands the law, but more importantly, it understands the dynamics of successfully working with people’.
Since its establishment two and a half years ago, BuckleySandler LLP has rapidly established itself as a significant presence in the market for handling work on behalf of financial institutions and executives accused of a range of offences including bank fraud, FCPA abuses and securities fraud. Peopled by a number of ex-big firm attorneys, including ‘great attorney and great guy’ David Krakoff, following his recent arrival from Mayer Brown, the team is regularly involved in high-profile engagements out of its Washington DC, New York and Los Angeles offices. A noted litigator, Krakoff recently successfully secured a mistrial on behalf of one of the defendants in the high-profile FCPA sting trial brought by the DOJ. Samuel Buffone is particularly noted as a criminal appellate lawyer and is currently involved in a landmark challenge to the freedom of the internet regarding the Italian data privacy indictment of Google officials.
Headed by Raymond Banoun, Cadwalader, Wickersham & Taft LLP’s business fraud group is particularly accomplished at advising a range of financial entities and corporates across various allegations of financial wrongdoing. While it lacks the preponderance of trial lawyers of some of its competitor firms, it excels at preventative measures through the provision of robust compliance programs, and also regularly handles internal investigations and audits of domestic and foreign businesses. The firm is involved in numerous matters arising out of the financial crisis, although much of that relates more to work on the securities litigation front, where Gregory Markel is well regarded.
Although it was recently weakened somewhat by the departure of former litigation head Juan Morillo to Cleary Gottlieb Steen & Hamilton LLP, Clifford Chance still has enough firepower to handle some significant mandates, particularly as they relate to clients within the financial services industry. Able to tap into a vast reservoir of leading firm-wide corporates and financial institutions and aided by an extensive global footprint, the team specializes in handling multi-jurisdictional mandates, such as the firm’s role for a major financial institution in its LIBOR investigations and related litigation. Involving lawyers in New York and London, this mandate exemplifies the firm’s ability to provide a coordinated approach to mandates across international offices. Other highlights included advising a major financial services firm in a government investigation into potential violations of US economic sanctions and export control regulations, money laundering, fraud and conspiracy statutes. Steven Cottreau and David DiBari are recommended. Clients include BNP Paribas, Dubai Islamic Bank and UBS.
Sitting within its broader litigation group, Cooley LLP’s strength for white-collar criminal defense work lies in its ability and willingness to try cases. Able to call upon the services of nine-former US attorneys and assistant US attorneys on both coasts, the team benefits from great credibility before the agencies. Although it regularly handles work for corporates, many of the firm’s most notable recent successes have been on behalf of individuals, including its recent successful defense of baseball player Roger Clemens against charges that he lied in his testimony to Congress regarding performance-enhancing-drug allegations. The team also recently successfully persuaded the government to drop all felony charges against US businessman and senior adviser to the Republic of Kazakhstan James Giffen, who was charged with bribing foreign government officials in his role of brokering major oil deals between major US-based multinational oil companies and the Kazakh government. William Schwartz led on this matter and is an integral part of a team that also includes Mike Attanasio and Stephen Neal, the latter who is representing a key individual in civil litigation and investigations by the DOJ regarding the DeepWater Horizon oil spill.
Headed by David Schindler and Steven Bauer, Latham & Watkins LLP’s Los Angeles-based team handles a range of white-collar matters including securities fraud, FCPA abuses, healthcare matters, improper political contributions and tax fraud. Able to leverage off a broad international footprint, the team is well-suited to the increased internationalization of work in the area and regularly picks up cross-border mandates. For example, it recently represented a Fortune 500 company on internal FCPA investigations in China and Taiwan. ‘An expert at dealing with the DOJ and SEC’, Schindler’s expansive practice ranges from the defense of white-collar and government investigations to healthcare fraud issues. Washington DC-based Roger Goldman is ‘an expert at handling healthcare regulatory matters’.
Washington DC-based Miller & Chevalier Chartered effectively combines the focused expertise of a boutique with the strength and critical mass of a full-service firm. Excelling at handling work at the intersection of the federal government and the global economy, the firm is a natural choice for both individuals and corporates engaged in sensitive government investigations. As part of his broad-ranging practice, Mark Rochon is regularly involved in cross-border work and is currently representing a major energy company in DOJ/SEC and parallel SFO investigations into alleged FCPA and UK Bribery Act violations. A former certified public accountant, a significant amount of Barry Pollack’s practice is in representing clients engaged in complex financial litigation, often involving accounting fraud. The team was recently enhanced by the arrival of healthcare expert David Resnicoff, formerly in-house at Baxter International, and Thomas Zehnle from Bryan Cave LLP, who specialises in criminal tax matters.