The Legal 500

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.