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Kirkland & Ellis LLP

1301 PENNSYLVANIA AVENUE, N.W., WASHINGTON, D.C., 20004, USA
Tel:
Work +1 202 879 5000
Fax:
Fax +1 202 879 5200
Web:
www.kirkland.com

Paul Clement

Tel:
Work +1 202-389-5000
Email:
Web:
www.kirkland.com
Kirkland & Ellis LLP

Work Department

Litigation

Position

Paul is widely recognized as a leading U.S. Supreme Court advocate, focusing on appellate matters, constitutional litigation and strategic counseling. He has argued more than 90 cases before the Supreme Court, including six times last term and several of the highest-profile cases of the past decade. Paul has argued more Supreme Court cases since 2000 than any lawyer in or out of government. He also routinely argues important cases in the lower courts.

Career

Served as 43rd U.S. Solicitor General (2005-2008).

Education

Harvard Law School (J.D.); Cambridge University (M.Phil., Economics); Georgetown University School of Foreign Service (B.S.F.S.).


United States: Antitrust

Civil litigation/class actions: defense

Within: Civil litigation/class actions: defense

A stellar array of clients regularly appoints Kirkland & Ellis LLP's 'dedicated and invested team' to advise on a broad range of antitrust litigation; clients 'trust fully in its advice and appreciate its intelligence and diligence'. Edwin U is currently defending the ABB Optical Group in a series of over 50 putative class actions alleging the client and its co-defendants conspired to maintain minimum resale pricing in the optical lens sector, while a Chicago team including practice co-head Daniel Laytin is defending Blue Cross Blue Shield in a number of class actions challenging its health insurance structure. Also based in Chicago, team co-head James Mutchnik is acting for a major hedge fund as a third party in a multi-district class action brought against global banks on the grounds of alleged collusion in the interest rate swap market. The group's client base also includes names such as Deutsche Bank, DirecTV and also the Chicago Cubs, which Laytin and Paul Clement - among others - have been assisting with longstanding claims filed by the 'Wrigley Rooftops'.

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United States: Dispute resolution

Appellate

Within: Leading lawyers

Paul Clement - Kirkland & Ellis LLP

Within: Appellate

The ‘fantastic’ and ‘incredibly persuasive’ appellate lawyers at Kirkland & Ellis LLP ‘do a fantastic job in handling even the most esoteric and complex legal issues in an understandable manner’. Split 5-4 in the case of Jesner v Arab Bank Plc, the US Supreme Court decided in favor of the group’s client Arab Bank Plc, thereby finding that liability for alleged overseas wrongdoings under the Alien Tort Statute does not extend to foreign corporations sued before US courts. With an impressive track record of over 90 cases argued before the US Supreme Court, the ‘incrediblePaul Clement represented petitioner WesternGeco in a case reviewing the focus of the 'general damages' provision under the Patent Act, and convinced the court to reverse the Federal Circuit’s prior decision favoring the position of ION Geophysical. Partnering up with George Hicks at the US Supreme Court, Clement secured a victory for petitioner Encino Motorcars in proceedings concerning service advisers at car dealerships and their respective rights under the Fair Labor Standards Act. After achieving successful outcomes for the Chicago Cubs and owner Tom Ricketts during the trial stage and in the Seventh Circuit, Clement and Erin Murphy (who ‘demonstrates unbelievable effectiveness in presenting oral arguments’) jointly led the team in defeating a petition, filed by the owners of rooftop businesses adjacent to Wrigley Field, requesting US Supreme Court review. At the Ninth Circuit, the team is representing TransUnion LLC in appealing a $60m jury verdict concerning alleged violations of the Fair Credit Reporting Act. At the Fourth Circuit, New York-based Jay Lefkowitz and Washington DC-based Jonathan Janow successfully argued for the Association for Accessible Medicines, which challenged Maryland generic drug pricing statute HB 631. In March 2018, Christopher Landau departed to Quinn Emanuel Urquhart & Sullivan, LLP. In February 2018, Susan Engel left to join Latham & Watkins LLP. Viet Dinh took an executive position in house.

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General commercial disputes

Within: General commercial disputes

Kirkland & Ellis LLP’s 'bright and practical' litigation partners are noted for their 'unparalleled responsiveness and creativity'. The firm is sought out by Fortune 100 companies and major private equity houses and stands out for its significant trial capabilities. In high-profile work, Andrew Kassof and Mark Filip defended the Los Angeles Rams in a $1bn breach of contract case relating to the NFL team's relocation, while a team that included Richard Godfrey, Andrew Bloomer and Hariklia Karis represented General Motors in sprawling class action and personal injury disputes arising out of the company's ignition switch recalls; of the roughly 4,000 claims brought, around 70% have been resolved by settlement, dismissal, withdrawal or trial. Elsewhere, James Hurst and Jordan Heinz, working pro bono with Lambda Legal, represent transgender individuals serving or wishing to serve in the military in a discrimination, First Amendment and Fifth Amendment lawsuit against the Trump administration's ban on military service by transgender individuals. Also recommended are Paul Clement and Eugene Assaf in Washington DC, and Anna Rotman in Houston. Named lawyers are based in Chicago unless otherwise stated.

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Product liability, mass tort and class actions: pharmaceuticals and medical devices - defense

Within: Product liability, mass tort and class actions: pharmaceuticals and medical devices - defense

Kirkland & Ellis LLP regularly acts as counsel and trial team for manufacturers in the pharmaceutical and medical devices sectors. Led by Mike Brock in Washington DC, the team is defending Bristol-Myers Squibb Company and Otsuka Pharmaceutical in a product liability MDL alleging that anti-psychotic prescription drug Abilify caused consumers to exhibit compulsive behaviors such as gambling. The group is also representing Allergan in high-profile opioid litigation. In other work, Washington-based Paul Clement continues to represent Johnson & Johnson and its affiliate DePuy Orthopedics in the consolidated appeals of an adverse jury verdict related to a hip prosthetics MDL. Dow Chemical is also among the team's clients.

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