California

Firm overview

Hueston Hennigan is a leading litigation boutique that has made a name for itself as one of the go-to trial firms in the country, regularly securing accolades such as a “Trials Group of the Year,” “U.S. Boutique Firm of the Year,” “U.S. Trial Firm of the Year” and “Commercial Litigation Firm of the Year” from publications including Law360, Chambers, Benchmark Litigation, and more.

With offices in Los Angeles and Newport Beach, California, and New York City, the firm handles a range of high-stakes matters for a client roster that includes Amazon, Epic Games, Boeing, Chevron, Walmart, Caltech, Deloitte, Edison International, Qualcomm, Disney, PricewaterhouseCoopers, Monster Energy, the Navajo Nation, and many others. Hueston Hennigan achieves precedent-setting results in trials and appeals across a broad spectrum of issues and industries.

Recent highlights include securing over $500 million in trial awards for Monster Energy—consisting of the largest-ever Lanham Act award and among the largest-ever trademark awards—in two separate cases against rival VPX, obtaining over $300 million for Match Group in an antitrust case against Google, playing a critical role in Epic Games’ landmark antitrust trial victory against Google, scoring a complete defense win for Boeing following a high-profile trade secrets trial against an aerospace startup, and securing an unprecedented defense trial win for Endo Pharmaceuticals in $50 billion opioid litigation.

Hueston Hennigan is often called upon to replace Big Law giants and other famed litigation boutiques in order to deliver victories to clients.

To learn more about our practice, please visit hueston.com.

What Clients Say

“Hueston Hennigan is the firm we turn to when we know we must win at trial. Their attorneys are not only masterful lawyers, they are creative, thoughtful, strategic and tenacious. From the moment the first document is filed, every option is considered and every decision is made with the ultimate goal in mind, winning at trial. Hueston Hennigan has achieved historic, record-setting results for Monster in incredibly complex matters. Those results were achieved because Hueston Hennigan did what Hueston Hennigan does, win.”

-Aaron Sonnhalter, Monster Energy Company Chief Legal Officer

“After taking over a bet-the-company case months before trial, the Hueston Hennigan team quickly immersed themselves in the business and facts of the case, earned the trust and respect of our team, and positioned the case for victory. At trial, they put on a master class, including incredible opening and closing arguments, a compelling case-in-chief, and cross-examinations for the ages. Their entire team is smart, honest and a pleasure to work with.”

-Alex Dimitrief, Former General Counsel, GE Capital; Acting General Counsel, Amulet Estate

“Hueston Hennigan is bold, strategic, and relentless. Their deep lineup of talented and diverse trial lawyers weave masterful arguments, impactful direct exams and devastating crosses. We especially value their close and collaborative partnership with our in-house team in order to obtain the best possible outcomes. Hueston Hennigan is the total package and we are glad to have them on our side.”

-Jonathan Mothner, Synchrony Financial (formerly GE Capital) Executive Vice President, General Counsel & Secretary

“I turn to Hueston Hennigan for our most significant legal matters. In each engagement, they have provided extraordinarily effective lawyering, counsel, and strategic business advice. They are unrivaled as go-to trial counsel for complex, high-risk litigation.”

-Julie Davis, Taco Bell Global, Chief Legal Officer & Corporate Secretary

“The lawyers at Hueston Hennigan have distinguished themselves with their wise counsel and outstanding advocacy from the boardroom to the courtroom. Their ability to balance legal and business considerations practically and efficiently is truly exceptional. They are among our go-to trial counsel, and they deliver results.”

-  Jake Schatz, Electronic Arts, Executive Vice President and General Counsel

“When the USEPA triggered an unprecedented environmental disaster that contaminated the Navajo Nation’s sacred waters, the Navajo Nation turned to Hueston Hennigan. For years, the USEPA hid behind its sovereign immunity and marshaled a massive litigation force to erect barriers to the Navajo Nation’s claims. Hueston Hennigan dismantled those barriers through relentless advocacy that left no stone unturned. They are fearless and determined, no matter the adversary, and as a result recovered over $40 million for the Navajo Nation.”

-  Doreen N. McPaul, Navajo Nation, Attorney General

“Hueston Hennigan is an ideal choice for the toughest cases. The combined, concentrated trial talent of Hueston Hennigan makes this firm a top-shelf litigation choice for virtually any high-risk, complex matter.”

-  Melissa Scanlan, T-Mobile, Vice President, Intellectual Property and Antitrust

“In one of Western Digital’s most important legal matters in recent years, Hueston Hennigan partnered with us to craft and implement a creative, multi-staged litigation strategy that delivered repeated victories in both court and international arbitration. Hueston Hennigan has a very deep bench of legal talent who are our trusted counselors for our most important cases.”

-  Michael Ray, Western Digital Corp., Executive Vice President, Chief Legal Officer and Secretary

“Hueston Hennigan lawyers distinguished themselves by being dynamically creative and unsurpassed in courtroom advocacy. Their care extends beyond the individual case; they work closely with our in-house counsel, and their post-mortem review of matters is a value-add that fits squarely with our continuous improvement culture. They are a go-to firm for the most complex and challenging cases.”

-  Barry H. Caldwell, Waste Management, Former Senior Vice President, Corporate Affairs and Chief Legal Officer

“Hueston Hennigan is a world-class law firm for the 21st century, capable of serving the litigation needs of individuals to global companies. Its talented team of professionals is dedicated to working closely with clients and has the creativity and flexibility to bring the simplest solutions to the most complex problems.”

-  Arnold Pinkston, Edwards Lifesciences LLC, Corporate Vice President, General Counsel

“Hueston Hennigan creatively and relentlessly investigated and prosecuted claims arising from a complex, high-stakes commercial fraud, obtaining recoveries worth more than $75 million. They skillfully and efficiently positioned us for courtroom victories, while working hand-in-glove with in-house counsel to ensure that the legal strategy aligned with our business objectives. Their team was a pleasure to work with, and I strongly recommend the firm for difficult and important cases.”

-  William B. Sailer, Qualcomm, Inc., Senior Vice President and Legal Counsel

Updated Sep 2024

Firm overview

Founded in 1982, Berman Tabacco is a national law firm with offices in California and Massachusetts. The firm has devoted its practice to complex litigation, primarily under the securities and antitrust laws, as well as other related services requested by its institutional clients and consumer class actions.

Securities Litigation: Berman Tabacco has over 40 years of securities -litigation experience and has represented public pension funds, multiemployer plans and other institutional investors in that area since 1998. The firm has prosecuted some of the largest securities cases and has recovered billions of dollars on behalf of investors. The firm prides itself on its client-focused approach, exercising superior legal judgment in advising clients about complex cases. Indeed, the quality of the firm’s evaluations and litigation acumen is evidence by several facts. First, Berman Tabacco’s dismissal rate for cases brought under the federal securities laws is less than half the overall dismissal rate for such cases, based on the reported dismissal rate by one authoritative study, Securities Class Action Filings: 2023 Year in Review, pp. 19, 37 (Cornerstone Research 2024). Second, Berman Tabacco appears as one of the firms with the most settlements on the list of the top 100 largest securities class actions in ISS Securities Class Action Services’ published report, Top 100 U.S. Class Action Settlements of All Time (as of 12/31/2023).

Selected successes include:

• In re IndyMac Mortgage-Backed Sec. Litigation, No. 1:09-cv-04583 (LAK) (S.D.N.Y.). As lead counsel, the firm recovered $346 million on behalf of the class against investment-bank underwriters and officers, which was one of the largest mortgage-backed-securities class action settlements and the largest paid by underwriter defendants.
• California Public Employees’ Retirement System v. Moody’s Corp., No. CGC-09-490241 (Cal. Super. Ct. San Francisco Cty.). As sole counsel, the firm recovered $255 million from Moody’s and Standard and Poor’s entities in this landmark individual action on behalf of the California Public Employees’ Retirement System alleging negligent misrepresentations in connection with rating three structured investment vehicles.
• In re BP plc Sec. Litigation, No. 4:10-md-02185 (S.D. Tex.). The firm recovered $175 million on behalf of the class—one of just four mega securities class action settlements in 2017 (settlements of $100 million or more), according to Cornerstone Research—in this hard-fought litigation on behalf of shareholders of BP American Depository Shares arising out of BP’s Deepwater Horizon explosion, one of the worst oil spills in history. Class members who submitted claims received approximately 115% of their recoverable losses.
• In re Fannie Mae 2008 Sec. Litigation, No. 08-cv-07831 (PAC) (S.D.N.Y.). Representing co-lead plaintiff Massachusetts Pension Reserves Investment Management Board, the firm resolved claims for $170 million alleging that Fannie Mae failed to disclose (i) growing exposure to high-risk mortgages as well as (ii) problems with the company’s risk controls, both of which led to federal conservatorship in 2008.
• In re Aegean Marine Petroleum Network, Inc. Sec. Litigation, No. 18-cv-04993-NRB (S.D.N.Y.). As sole lead counsel representing a state pension fund, the firm negotiated $41.749 million settlement on behalf of investors in this action involving a Greek company that declared bankruptcy, where the defendants were residents of Greece and where much of the evidence and witnesses were located in Greece. In addition to recouping monies from the two outside auditors and insurance proceeds on behalf of the former officer, the firm also succeeded in obtaining a personal cash settlement from the other individual defendant.
• Oklahoma Police Pension and Retirement System v. Sterling Bancorp, Inc., et al., No. 2:20-cv-10490 (E.D. Mich.). As sole lead counsel representing Oklahoma Police Pension and Retirement System, the firm achieved a $12.5 million settlement on behalf of the class in this action which alleged, among other things, that defendants misled investors from its IPO forward regarding its core product, the Advantage Loan Program, and its compliance with the Bank Secrecy Act/Anti-Money Laundering provisions. The settlement is significant because it was reached early in the case and represented approximately 20% of the alleged damages (which is far higher than the median recovery for securities fraud class actions overall of less than 5%) even though the company’s continued viability was in question.

Antitrust Litigation: Berman Tabacco’s antitrust practice also has a national reputation for prosecuting class actions that involve anticompetitive conduct and con-spiracies to fix or maintain prices. Over the years, the firm has played a major role in the prosecution of numerous landmark antitrust cases and some of the largest antitrust settle-ments—recovering billions of dollars for class members. The following are examples of the antitrust group’s efforts:

• Automobile Antitrust Cases I and II, JCCP Nos. 4298 and 4303, Nos. CJC-03-004298 and CJC-03-004303 (Cal. Super. Ct. San Francisco Cty.). Berman Tabacco was lead trial counsel for plaintiffs in a California state court action (and was previously chair of the executive committee for plaintiffs in the federal multidistrict class action, In re New Motor Vehicles Canadian Export Antitrust Litig., No. 03-md-1532 (D. Me.)), against leading automakers for alleged violations of the antitrust laws with regard to the pric-ing and importation of automobiles from Canada into the United States. In advance of trial and after almost 20 years of litigation, Plaintiffs settled with the final defendant for $82 million, which received Court approval on October 31 2022. This brought total settlements in the related federal and state cases to $137.85 million.
• In re Lithium Ion Batteries Antitrust Litigation, No. 13-md-02420-YGR (N.D. Cal.). Berman Tabacco was co-lead counsel for the class of direct purchasers of lithium-ion rechargeable batteries in a class action alleging that defendant manufacturers participated in a conspiracy in violation of federal antitrust laws to fix the prices of lithium-ion rechargeable batteries (which are commonly used in devices such as note-book computers, cell phones, and digital cameras). The firm successfully negotiated settlements totaling $139.3 million, which was approved in May 2018.

Moreover, in the past decade, the firm’s antitrust and securities attorneys have been prosecuting class actions on behalf of its institutional clients alleging that class members suffered investment losses due to violations of the antitrust laws. Select examples include:

• Dennis, et al. v. JPMorgan Chase & Co., et al., No. 1:16-cv-06496-LAK (S.D.N.Y.). Berman Tabacco was Plaintiffs’ Counsel representing Orange County Employees Retirement System in this action alleging that defendants conspired to manipulate the Australian Bank Bill Swap Reference Rate (“BBSW”) and the prices of BBSW-based derivatives. The firm successfully negotiated settlements in the total amount of$185.875 million, which were approved by the court on November 2, 2022.
• Sullivan v. Barclays PLC, et al., No. 13-cv-02811 (PKC) (S.D.N.Y.). Berman Tabacco represents California State Teachers’ Retirement System in this action alleging that over a dozen major banks colluded in violation of the antitrust laws to manipulate the EURIBOR, a global reference rate used to benchmark and price over $200 trillion of financial products. As of July 2024, partial settlements totaling $651.5 million have been approved by the court.
• Laydon v. Mizuho Bank, Ltd., No. 1:12-cv-03419 (GBD) (S.D.N.Y.) & Sonterra Capital Master Fund, Ltd. v. UBS AG, No. 1:15-cv-05844 (GBD) (S.D.N.Y.). Berman Tabacco is counsel for plaintiffs representing California State Teachers’ Retirement System in these actions alleging that bank traders and their affiliates colluded in violation of antitrust laws to manipulate the Euroyen TIBOR and Yen LIBOR rates—benchmark rates used to determine interest rates and to price Japanese Yen-based financial instruments. As of July 2024, partial settlements totaling $364.5 million have been achieved and approved by the court.
• In re European Government Bonds Antitrust Litigation, No. 19-cv-2601 (S.D.N.Y.). Berman Tabacco is Interim Co-Lead Counsel and counsel for plaintiff San Bernardino County Employees’ Retirement Association in this action alleging defendant banks conspired with each other for years to manipulate the prices at which they transacted European Government Bonds in the secondary market with U.S investors. The Court has approved the first $40 million in settlements and the final approval hearing for $80 million in settlements with the remaining defendants is scheduled for December 6, 2024.

Updated Oct 2024

Firm overview

WilmerHale is a leading, full-service international law firm with more than 1,100 lawyers located throughout 13 offices in the United States, Europe and Asia. Our lawyers work at the intersection of government, technology and business, and we remain committed to our guiding principles of:

• providing quality, world-class legal and client services;
• developing diversity among our lawyers and staff;
• fostering an environment that promotes an entrepreneurial spirit, collaboration and collegiality by drawing on the exceptional talents and varied experience of our lawyers;
• encouraging lawyers and staff to perform public service and give back to the community through pro bono work, government service, service to the bar, teaching, and supporting public institutions and charitable organizations; and
• hiring and retaining exceptionally talented lawyers who possess the common trait of outstanding academic and personal achievements.

Litigation & Trial:

Our lawyers have played an integral role in many of the most significant cases across the globe over the past several years, including internal and governmental investigations; patent, copyright and trademark cases; regulatory, government and public policy disputes; securities class action lawsuits; and federal and state appellate cases. Clients rely on our strong understanding of their industries and business goals, pragmatic and clear advice—even in the midst of complicated issues, complex legal and regulatory regimes, and high-stakes decisions—and ability to deliver practical solutions to realworld problems. Our cases and achievements cut across the litigation spectrum, and we have experience across industries, including aviation; bankruptcy and commercial; communications; defense and national security; government contracts; energy, environment and natural resources; financial institutions; labor and employment; technology; and trade.

WilmerHale’s elite lineup of intensely smart, battle-tested litigators can face down any adversary in the courtroom and win. We combine a mastery of proven trial techniques with the intellectual depth to tackle the most novel and complex legal challenges. A client may face an intractable issue that requires pushing the law into new territory. A verdict may turn on the ability to make the most arcane technology compelling to a judge or jury. An individual company officer may need a winning defense in a first-of-its-kind prosecution. In trial after landmark trial, our gift for strategy and our ability to draw cogent themes and narratives from even the most impenetrable facts and points of law have won us countless victories. And the way we win has brought us the respect of judges, juries, clients and competitors across the United States and internationally.

Related Solutions:

• Antitrust Litigation
• Appellate and Supreme Court Litigation
• Class Actions
• Commercial Litigation
• Construction and Infrastructure
• Consumer Protection Defense and Compliance
• Environmental Litigation and Mass Torts
• Government and Regulatory Litigation
• Intellectual Property Litigation
• International Arbitration
• International Litigation
• Investigations
• Native American Law
• Securities Litigation
• State Attorneys General
• Trials
• White Collar Defense and Investigations
• WilmerHale Discovery Solutions

Locations:

• Beijing
• Berlin
• Boston
• Brussels
• Dayton
• Denver
• Frankfurt
• London
• Los Angeles
• New York
• Palo Alto
• San Francisco
• Washington DC

Please visit our website at wilmerhale.com to learn more about the firm.

Updated Sep 2024

Firm overview

What a Law Firm Should Be: Unique in its culture and business model, Polsinelli is a large, national, first-generation law firm with the entrepreneurial DNA of its earliest days. Built 50 years ago on a strong foundation, we now are an Am Law 100 firm with 1,000+ attorneys in over 20 offices. Like-minded legal talent from across the country who hold in high regard the same principles of superior client service, diversity of thought and collaboration has made us who we are today. Our litigation practice encompasses business disputes, white collar investigations and enforcement, health care, intellectual property, bankruptcy, data privacy, real estate, financial services, products liability and toxic tort and labor and employment matters. We have litigators located from coast to coast in major financial centers. Our reputation for dedicated client service and innovative business solutions is a benchmark for excellence in the legal profession.

Commercial Litigation: Polsinelli’s nationally recognized Litigation practice is composed of attorneys committed to providing practical, industry-specific business litigation strategies informed by substantive and procedural knowledge, real courtroom experience, and a keen awareness of how legal outcomes impact our clients’ bottom lines. Our attorneys advise clients on business litigation matters, including contracts, mergers and acquisitions, and class actions and we represent public and private entities of all sizes. Our vast experience spans numerous industries, including real estate, telecommunications, technology, financial institutions, food and beverage, retail and hospitality, manufacturing, energy, aviation and transportation. We also have significant experience identifying and advising on evolving areas of law, including those based on consumer protection statutes such as privacy statutes, Computer Fraud and Abuse Act (CFAA), the Telephone Consumer Protection Act (TCPA), and the Fair Credit and Reporting Act (FCPA).

Government Investigations: Polsinelli’s Government Investigations team is highly qualified to quickly and effectively help companies and individuals respond to and defend against civil, criminal and regulatory government actions. Many of our attorneys are former federal prosecutors with specific experience.

Our team takes the guesswork out of navigating investigations involving the government. Clients seek out our team’s counsel at all stages of their interactions with government agencies, whether a client needs help responding to a subpoena or civil investigative demand, a comprehensive internal investigation, preemptive counsel on a compliance program, or a trial lawyer to defend against allegations of white-collar crimes. Our team has experience with governmental entities, including the Department of Justice, SEC, Health and Human Services, Office of Inspector General, EPA and States’ Attorney General Offices.

Health Care Litigation: Polsinelli Health Care Litigation attorneys combine their in-depth knowledge of the evolving health care industry with clients’ business needs to devise practical litigation strategies. We advise clients in managing risk and resolving complex disputes. When litigation is necessary, we collaborate with clients to effectively and efficiently protect their interests. Our attorneys are experienced in litigating government investigations and health care disputes in different forums, including lawsuits, arbitrations, administrative hearings, audits and investigations.

Our team is well known and respected by judges, regulators, arbitrators, health care industry leaders and the legal community. Members include former Department of Justice attorneys, including Assistant United States Attorneys, former experienced state Medicaid fraud unit attorneys, a former realtor attorney and former in-house counsel to private and publicly traded health care companies.

Intellectual Property Litigation: Polsinelli’s Intellectual Property Litigation practice takes creative and strategic approaches to resolving intellectual property disputes for local, regional, national and global companies and individuals. With more than 1,300 intellectual property litigation filings over the past six years, we frequently try high-technology intellectual property cases tied to diverse subject matter including patent litigation, trademark, copyright & branding, anti-counterfeiting and grey markets, restrictive covenants and trade secrets litigation, ITC Section 337, IP litigation funding and design patent litigation.

Labor & Employment Litigation: Our attorneys defend clients before administrative agencies and in trials, mediations, arbitrations, and appeals of lawsuits arising over virtually every conceivable employment-related action including age, religion, gender, pregnancy, race, national origin, disability, harassment, wrongful termination, discrimination, retaliation, FMLA and OSHA violations.

Our Employment Litigation practice group has substantial experience representing management in the administrative charge and litigation phase of cases involving issues such as but not limited to The Age Discrimination in Employment Act (ADEA), The Equal Pay Act (EPA), Whistleblower claims, work-related torts and wrongful termination.

Products Liability and Toxic and Mass Tort: Polsinelli’s litigators have deep experience defending and protecting our clients against defective design, defective manufacturing, premises liability, catastrophic injury, and toxic exposure claims that oftentimes go to the heart of our clients’ businesses.

Our experienced Products Liability and Toxic Tort team assesses cases early, identifying potential risks and working with our client’s legal, business, technical and regulatory teams to craft effective litigation strategies. Our electronic discovery (e-discovery) lawyers and other professionals are adept at coordinating and managing the often- burdensome discovery process that comes with defending these high-stakes cases. Our trial lawyers have the skills and experience to take cases to trial in any courtroom in the country.

These trial teams work hand in hand with our certified appellate specialists, who identify appellate issues and represent clients at the appellate level in state and federal courts throughout the United States.

Updated Aug 2024