California

Review

Dispute resolution
Alto Litigation

   Alto Litigation is San Francisco boutique representing industry titans throughout the Bay Area. It is known for its trial-tested ability to dynamically punch well above its weight class against the nation’s largest top firms in several litigation niches, representing prominent companies and entrepreneurs, as well as other individual clients, in both defense and plaintiff roles. Principal among the firm’s specialized areas of representation is its securities practice, which is regularly called upon to represent high-profile clients in a variety of matters, including securities class actions and trade secrets disputes. “We regularly consult with Alto Litigation when we have securities and corporate-governance issues,” testifies a client. “Alto has a team of exceptionally knowledgeable and responsive litigators. They are unusually skilled at seeing every angle to maximize opportunities for a successful outcome.” The firm draws its vitality from founder and visionary securities trial attorneyBahramSeyedin-Noor,who has assembled an elite and talented team of litigators and guided them to prominence in the Golden State. “Alto really espouses this kind of fearless approach,” declares one peer. “It’s kind of like a knife fight out here [in the Bay Area] for work, but Alto seems to be getting a seat at the table, finding themselves across from titans like Quinn [Emanuel] and Cooley! Bahram has it all – the drive, the hunger, the right amount of aggression but also knowing when to play it cool and sit back and pay attention, turning observations into his advantage.” A client declares, “Bahram is one of the most brilliant, well rounded attorneys with whom I have worked. He is extremely knowledgeable and persuasive.” Seyedin-Noor led a team, which also included Bryan Ketroser, that represented a start-up, its CEO and co-founder, and another of its directors in litigation brought by the company’s other co-founder.  The plaintiff alleged that the CEO improperly removed them as an officer and director, and pursued corporate transactions without their knowledge. The Alto team also includes relatively new partner Josh Korr, about whom a peer testifies, “He was the best student in his class at UCSF Law School. He had done a stint at MoFo [Morrison & Foerster] and he was tired of it, he didn’t want to grind it out and wanted some real work. He’s a real ‘right-and-left brain’ person. He’s a brilliant writer, writes these pithy and sometimes funny complaints. He’s also a musician – he always has a band and he’s very creative.” A client calls Korr “very good with communication and advice. [He is] Great at listening and working together towards to do what's in the best interest of our company.” Korr is already making a name for himself in a thorny case with intersecting elements of family law and probate law concerning high-net-worth individuals.

Bergeson

Silicon Valley litigation boutique Bergeson has been in operation since 1990 and has since then etched itself a go-to position as well as an inspirational one, largely on the strength of its founder and name partner, Daniel Bergeson. “I know Dan very well,” testifies a fellow partner at another Bay Area litigation boutique. “He used to be the guy that I would refer things out to when I was at Wilson Sonsini when I had something in San Jose. His model is actually what inspired me to start my own firm. I have known him for 23 years and I like him. He has got quite a reputation in the San Jose area. He knows all the judges there.” Bergeson enjoys a varied litigation practice, representing entities as well as individuals. Bergeson represented David Sacks and Craft Ventures responding to deposition and document subpoenas that were served in Twitter’s lawsuit against Elon Musk seeking relief to have Musk comply with the merger agreement between the parties. He also represents the Monterey Bay Aquarium Foundation in a defamation case in which the plaintiff, a Maine lobster entity, alleges false and defamatory statements were made about Maine lobster fishing practices. Bergeson also represents Tallwood Ventures and related entities and individuals in a securities action and bankruptcy proceedings related to AI chip venture capital entity Wave Computing. 

Berman Tabacco

Berman Tabacco has been referred to as “one of the premier plaintiff shops,” with one peer noting, “They have a remarkably low dismissal rate, something like 20%, which is excellent.” One client of the firm’s testifies, “The team at Berman Tabacco are expert litigators. They keep me as their client well-informed of all developments in the cases where they represent us. They monitor our losses in securities-fraud cases and advise us in connection with filing claims in foreign jurisdictions.” Peers are equally effusive in their praise; one speaks of the San Francisco office where the majority of its litigation stars are housed as, “sort of the ‘Bernstein Litowitz of the west.’” While this comparison to one of the country’s other top securities class-action plaintiff shops is meant to be a flattering one, it is not entirely accurate, as Berman Tabacco also operates out of a Boston office. And while Berman is engaged in its fair share of securities class actions, its reach is broader and more diverse; one peer observes, “I’m actually seeing Berman Tabacco more in the antitrust space these days! They get in a decent amount of cases – I think they are a fourth lead in a Eurozone bonds case.” This alluded-to case found name partner Joseph Tabacco partnering with Todd Seaver, both in the San Francisco office, in a market-manipulation antitrust class-action seeking recovery for US investors and stemming from an alleged conspiracy to fix prices of sovereign debt denominated in euros and issued by multiple European central governments. To date there have been two settlements reached in this action, with the latest one reached in November 2022. In late 2022, plaintiffs filed a separate complaint against new defendants Deutsche Bank and Rabobank, following the public assertion by the European Commission that those two banks were allegedly involved in the alleged price-fixing conspiracy of European Government Bonds.
     Seaver has been particularly active in antitrust matters. He provided counsel for Orange County Employees Retirement System, who allege defendants conspired to manipulate the Australian Bank Bill Swap Reference Rate and the prices of derivatives during the class period and, as a result of defendants’ price-fixing conspiracy, they paid more or received less than they should have on their derivatives transactions. The case settled for a total of $186 million, which was approved by the Court in November 2022. Seaver also was retained by a multiemployer pension fund in another antitrust class action on behalf of end-payor plaintiffs in an MDL alleging a far-reaching conspiracy among more than a dozen drug manufacturers to fix the prices of more than 200 generic drugs. Lending further gravitas to Seaver’s stature in the practice, he had the honor of being appointed to the American Antitrust Institute’s advisory board in May 2024.

     In the securities space, the firm is continuing to evolve and expand into areas, such as health, considered outside of its “usual” industries. The firm is also examining an increasing amount of opt-out opportunities for its clients, in addition to the class-action work. A peer notes, “They are getting fewer settlements, but they are getting bigger ones!” San Francisco’s Nicole Lavallee is cheered by a client for her “communication, strategy and expertise in the field.” A peer notes, “I’m seeing her on more securities fraud cases, making motions for lead plaintiff.” Lavallee and Boston-based Patrick Egan secured a settlement in an action that was brought on behalf of investors in Healthcare Services Group, a provider of housekeeping and laundry services to hospitals and other healthcare service organizations. The action alleged that over the course of several years, defendants issued materially false and misleading statements and failed to disclose “earnings management” practices that allowed Healthcare Services to consistently meet or beat earnings per share estimates that, in turn, caused the price of the company’s stock to be artificially inflated. Further, the plaintiff alleged that the company failed to disclose details of an ongoing SEC investigation into the same allegations. After months of discovery and briefing on the plaintiff’s motion for class certification, the parties reached a settlement for $16.8 million, which was granted final approval in January 2022. Settlement administration is ongoing. Egan, who leads the firm’s privacy group, balances work in this novel area with his securities and antitrust hybrid practice. In April 2024, as lead counsel representing the Oklahoma Police Pension and Retirement System, Egan defeated a motion to dismiss federal securities fraud claims against Inotiv, a research contractor specializing in research and development of pharmaceuticals, and several of its executive officers in a case that alleges concealment of, among other things, pervasive mistreatment of animals. In the wake of the discovery of this, Inotiv’s stock price plummeted. After attempting to downplay the allegations, the defendants ponied up a substantial settlement later that spring.

 

Bird Marella Rhow Lincenberg Drooks & Nessim

Los Angeles shop Bird Marella has etched itself an enviable position among peers in the California trial community. “Bird Marella continues to be an LA boutique powerhouse,” attests a peer, himself a lauded LA trial lawyer. The firm has particular gravitas in the white-collar crime and entertainment spaces, and in the latter practice, it has only increased its firepower of late; Bird Marella made the notable augmentation of adding John Berlinski to its bench from the LA office of Kasowitz Benson Torres in 2022. Berlinski, a veteran of the practice with a book of A-list clients, represents Brad Pitt and his company in highly publicized multi-jurisdictional lawsuits against Angelina Jolie and others concerning the parties' interests in their French winery. Berlinski is also representing one a gaming and hospitality company in connection with various contractual and licensing disputes involving the planned “20th Century Fox World” theme park, now known as the “Genting SkyWorlds” theme park. These matters arose from the settlement of a lawsuit alleging $1 billion in damages, also handled by Berlinski, against 20th Century Fox and The Walt Disney Company in 2019.
     Ekwan Rhow is revered by both clients and contemporaries in the industry. “Ekwan is an incredible trial litigator,” effuses a client. “He is an innovative attorney with a deep understanding of the law as well as what is different and how to navigate trial setting successfully.” Rhow’s practice also encompasses the entertainment industry, although his practice extends well beyond it as well. Rhow and his team are spearheading a series of national class actions in federal district courts around the country that take to task the data privacy policies and interception of private data by companies such as Microsoft, TikTok, Capital One, and Blue Shield. Rhow and his team are also representing Shryne Group, a California-based cannabis entity, in disputes among the purported founders relating to ownership of the company. The matter value is estimated to be over $75 million.
     Gary Lincenberg, considered one of the premier white-collar trial lawyers in California. “He just got a big acquittal,” confirms a peer. This commentary alludes to Lincenberg’s successful representation of the former Vice President of Finance of HP/Autonomy in a matter concerning an $8 billion write-off following HP’s 2011 purchase of Autonomy for $11 billion. HP blamed the loss on alleged fraud by Autonomy and its executives. In June 2024, following a three-month trial, Lincenberg scored the aforementioned acquittal for his client. Ariel Neuman is defending Tesla against accusations made by the California Department of Motor Vehicles regarding alleged deceptive advertising of Tesla’s Autopilot and Full Self-Driving features. Neuman also represents Tesla in other confidential matters.

Blank Rome

With 15 offices (14 throughout the US and one in Shanghai, China,) the practitioners of Blank Rome are revered most notably for their activity in the insurance recovery space. The crown jewel of the firm, the insurance team takes on cutting-edge matters on behalf of leading corporations and institutions, distinguishing itself from its peers by providing counsel exclusively to policyholders. Members of the insurance group are acclaimed by clients for the laudable breadth of their expertise in, among other matters, complex insurance litigation and disputes arising from manuscript policies, and are additionally recognized as “responsive and providing sound advice.” Clients go on to praise Blank Rome’s insurance specialists for being “abreast of the latest commercial developments.” While policyholder-side insurance work may be what the firm is most celebrated for, it is making strides in other areas as well; its New York office recently benefitted from the auspicious recruits of Craig Weiner and Lisa Coyle, two all-purpose commercial litigators who joined Blank Rome in the spring of 2023. More recently, in August 2024, the firm took on Jeffrey Schulman, a revered New York-based partner previously with the (now-defunct) Pasich firm, once helmed by insurance luminary Kirk Pasich.
     New York-based Jared Zola, provided lead counsel in a $25 million coronavirus business-interruption litigation for Urban Edge Properties involving insurance policies that expressly provide coverage for the presence of viruses. The client sought coverage from its pollution-liability insurer for losses from the novel coronavirus and COVID-19 pandemic. The insurer filed a motion for summary judgment seeking to end the entire case as a matter of law. After Zola presented oral argument for Urban Edge, in January 2023, the court issued an order denying the summary judgment motion. Zola makes the impressive leap from future star to litigation star in this edition. DC-based Omid Safa scored big in September 2022 when the Safa-led firm team secured a favorable jury verdict in favor of asset-based lender The CIT Group/Equipment Financing in an aviation insurance case involving a complex dispute over coverage for multimillion-dollar losses resulting from the confiscation of an aircraft by Brazilian tax authorities. The jury found that CIT had met its burden to establish coverage for involved a complex dispute over coverage for multimillion-dollar losses resulting from the confiscation of an aircraft by Brazilian government. As a result, CIT will be awarded the full amount of its multimillion-dollar damages claims (which were established on summary judgment) and statutory interest. The current value of the award is currently $5 million.
     Insurance DC-based co-chair James Murray garners praise for the deep insurance knowledge that he makes available to leaders in the corporate space, government entities, and religious institutions, among others, in their most sensitive and critical matters, often pertaining to sexual abuse liability and COVID-related coverage claims. Murray serves as court-appointed special insurance counsel to the debtors in two Catholic organization bankruptcies that were successfully confirmed in 2022. Murray also served in the role of lead insurance counsel to real estate developer Combined Properties as the company seeks over $100 million in coverage following the destruction of a mixed-use development in connection with a recent and catastrophic fire in Fairfax County, VA. Murray was joined at the helm of this matter by his fellow star and DC partner John Gibbons. Murray is additionally working alongside his fellow insurance recovery co-chair, Los Angeles-based Linda Kornfeld, who continues to demonstrate her recovery prowess and maintains the position of being among the firm’s most active and capable practitioners. Kornfeld and Murray boast recent heavy involvement in the COVID-19 business interruption space, leading more than a dozen recovery actions each seeking hundreds of millions of dollars. One such matter, this Blank Rome duo also represents the NFL’s Philadelphia Eagles in insurance coverage litigation against FM Insurance in litigation involving the Eagles’ $1 billion property and business-interruption policy. Murray and Kornfeld are helping the Eagles recover their COVID-19 losses stemming from their inability to use their stadium for the 2020 football season, as well as for star-studded 2020 summer concerts and major soccer and lacrosse events due to the pandemic. Gibbons meanwhile acts with Safa on behalf of Nooter in connection with the enforcement and recovery of insurance proceeds for Nooter and are now engaged in two competing actions in Missouri courts.

Davis Polk & Wardwell

Davis Polk & Wardwell is a consistent leader in litigation, earning its place as one of the top-tier firms in antitrust, securities, and white-collar crime especially. The firm’s growth over recent years has strategically established its presence in the New York, Washington DC and California markets. The accomplishments of its bench across practice areas have further driven the firm’s acclaim in high-profile litigation.

     Davis Polk remains one of New York’s elite firms and is equipped with numerous respected lawyers. Greg Andres serves as the firm’s co-chair of the white-collar crime and investigation group and is one of the leading lawyers in the practice area, enjoying a spot on the Top 100 Trial Lawyers list since its inception. An all-star bench including Andres, Jarrett Arp, and Tatiana Martins, who makes her debut as a litigation star this year, handled the criminal charges in a broiler chicken-related antitrust lawsuit filed by the Department of Justice Antitrust Division against Jason McGuire, an executive in the industry. The team succeeded in the day-long James hearing regarding the admissibility of 294 statements and secured a dismissal of the criminal charges against the client after the court rendered the government’s evidence inadmissible. Based out of DC, Arp is one of the firm’s leading antitrust litigators whose practice is especially sought after for high-stakes and sensitive matters. Uzo Asonye, also of the DC office and debuting as a litigation star, specializes in white-collar crime defense, having joined the firm in 2020 after serving as the acting chief of the Financial Crimes and Public Corruption Unit in the Eastern District of Virginia. Asonye has joined forces with Andres in representing a Fiat Chrysler engineer who was charged with conspiracy to manipulate emissions tests. The duo have obtained favorable pre-trial rulings, including a successful motion for production of Brady and Rule 16 materials. The team initially obtained a dismissal of wire fraud conspiracy counts, and while the Sixth Circuit reversed on appeal, it also shared its skepticism as to whether the government would be able to prove its case during the trial.

     Head of the litigation group James Rouhandeh is also an established leader of the securities bar, known especially for being the “go-to” for financial institutions, particularly Morgan Stanley, for which he continues to handle cases related to residential mortgage-backed securities arising from the 2007 financial crisis. He defends the major financial institution against fraud claims filed by IKB Deutsche Industriebank in a case which has involved discovery across three countries. The team secured a pre-trial victory in defeating IKB’s motion to amend its complaint. While Rouhandeh continues to be a force for established institutions like Morgan Stanley, he is also at the forefront of securities litigation involving cryptocurrency platforms such as industry leader Binance. Last year, Rouhandeh obtained a complete dismissal of a securities class action alleging that the company unlawfully operated an unregistered exchange and an unregistered broker-dealer, unlawfully sold unregistered securities based on the sale of unregistered tokens, and another 149 violations of state blue sky laws. The court dismissed the case, agreeing with his arguments that the claims were not within the statute of limitations and that the company is not a “domestic exchange”, therefore neither federal nor state laws would apply extraterritorially. Another New York litigator who stands out in the market is Andrew Ditchfield. A peer at another top-tier firm praises Ditchfield’s capabilities in litigation, commenting, “It’s really fun to litigate against people outside of our firm that I think are at our level.” A commercial and civil litigator with a specialty in M&A-related litigation, Ditchfield recently scored a victory representing Brookfield in a shareholder dispute related to the company’s $8.3 billion acquisition of CDK Global. The complaint alleged violations of the Illinois Securities Act and sought to delay the tender offer by way of preliminary injunction, which was denied at the circuit court. The court agreed with Ditchfield’s arguments and subsequently found that the plaintiff could not show likelihood of success on the merits and thus they[WC(1]  voluntarily dismissed their case.

     New York litigator James McClammy makes his debut as a litigation star this year. Alongside long-time star Edmund Polubinski, McClammy represented two of the large lender syndicates in the case of Twitter v. Elon R. Musk in the Delaware Court of Chancery. The case arises from Musk’s attempt to terminate the merger agreement, for which the clients had committed to providing financing in the amount of $25.5 billion. McClammy and Polubinski were leading subpoenas over a 10-week period in the expedited and closely watched case, which was dismissed after the acquisition closed. In another case involving Elon Musk, litigator and arbitrator Frances Bivens represents JP Morgan against Tesla, alleging that the company breached certain agreements governing warrants that the client purchased. The case arose from Musk’s tweet to take Tesla private and, in turn, JP Morgan adjusted the strike price pursuant to the agreement. Bivens has filed a motion on the pleadings, and also defends the bank against counterclaims and damages from Tesla. Bivens and fellow international arbitration specialist Antonio Perez-Marques handled an 11-day arbitration as lead counsel defending Albemarle, one of the largest lithium suppliers, against alleged fraud, breach of contract and other claims filed by competing chemicals company, Huntsman. The co-head of the civil litigation practice, Paul Spagnoletti, recently obtained a critical win in a federal RICO lawsuit which garnered praise from the legal industry. On behalf of Apollo co-founder Josh Harris, Spagnoletti secured a dismissal of federal RICO claims filed by co-founder and former CEO Leon Black, who alleged that there was a fraudulent scheme to force him to resign by leveraging sexual abuse allegations against him.

     Dana Seshens is co-head of the civil litigation group and handles securities class actions and intellectual property litigation with the West Coast team. Seshens and distinguished California litigator Neal Potischman are representing Universal Television, Jimmy Fallon and his product company in a class action alleging violations of the federal securities laws and consumer protection statutes in California. The case is one of many involving celebrity endorsements of non-fungible tokens and related cryptocurrency. Seshens and Potischman have thus far quashed a subpoena and have moved to dismiss the case entirely. The duo has also worked on several other California cases together and on separate occasions served as counsel for underwriters in securities class actions. Seshens leads the team in defending PG&E in a class action arising from the California wildfires. On intellectual property, Seshens partners with Ashok Ramani, the head of the practice group, to handle trade secrets disputes on behalf of industry-leading pharmaceutical companies like Pfizer. The pair are preparing for trial early next year in a fast-paced trade secrets case filed on behalf of Pfizer against Razor Therapeutics, a start-up founded by two former executives who Pfizer allege used trade secrets to establish the company. On the patent side of IP, Ramani scored a trial victory for Magnolia Medical Technologies in its lawsuit against its sole competitor in provision of initial specimen diversion devices, Kurin. Ramani was called in to replace an IP boutique’s team just prior to summary judgment and was head-to-head with another top-tier intellectual property litigator representing Kurin. He obtained a verdict of infringement in the first phase and in the second, a verdict of damages and no invalidity.

DTO Law

A boutique that saw its genesis when two litigators calved off of a Los Angeles boutique, DTO Law is the new platform forWilliam DelgadoandMegan O’Neill. With ambitions to expand their reach and client base beyond California, the pair have teamed up with a transactional partner to forge a more diversified shop while remaining at the forefront of novel litigation matters for which clients have sought them out. These include Honda, for whom the firm provides counsel to on a regular basis. Most recently, Delgado and O’Neill represent this client in two nationwide automotive class actions, which have been consolidated into one case. The complaints all assert the same core allegation: Honda knowingly sold millions of vehicles containing defective fuel pumps without disclosing the defect to consumers. The DTO pair also represented The Bountiful Company (formerly Nature’s Bounty) in a putative class action alleging “fish oil” supplement labels are false and misleading under New York and California law because of certain manufacturing processes. The firm duo filed a motion to dismiss on the basis that “fish oil” is the common name of the product, making plaintiffs’ claims preempted, and this was granted in March 2023. O’Neill secured a major victory for HP in a putative class action filed in the Northern District of California when a court ruled that the plaintiff could not represent a nationwide class, but instead, only consumers from the state of New York. The complaint alleged that, through their “Instant Ink” subscription program, HP is unable to replace ink cartridges in a timely manner and misleads subscribers by claiming they will “never run out of ink.”

Everett Dorey

Launched in 2017 as an Orange County-based litigation boutique, Everett Dorey now houses 23 attorneys throughout four offices in California, including coverage in the northern half of the state, as well as one office in Phoenix, Arizona. The firm emphasizes its agenda as a California-based firm representing state-domiciled clients, with most of its work taking place in the Los Angeles County Superior Court. “They represented me in litigation with charter and adult education programs,” confirms one client. “They are responsive, proactive and imaginative – and they win in court.” Firm founder and name partner Seymour SyEverett is lead counsel on several cases of particular gravity to communities within the Los Angeles and Orange County areas. He represents the City of Costa Mesa, which passed an ordinance to regulate sober-living homes, as it was one of several cities within Orange County that had been plagued by unscrupulous sober-living home operators, resulting in deaths and negatively affecting residential neighborhoods throughout the area. As a result of this ordinance, the city has been targeted by eight different sober-living home operators in lawsuits filed in federal court. Everett prevailed in five cases via motions for summary judgment and, in April 2022, received a unanimous defense jury verdict in the Central District. Everett is also attending to similar litigation for the City of Orange in litigation with a soup kitchen for addicts with no interest in recovery and thus perpetuating crime and disturbance in the community. The city found itself getting sued upon terminating the soup kitchen’s license, with a federal judge stepping in and essentially denying the city’s right to manage its own property. As a result of settlement reached in May 2022, Mary’s Kitchen will be leaving the property and the City of Orange took back possession of the property in August 2022. The City has taken over provision services to the homeless at the property, in place of Mary’s Kitchen. A client testifies on Everett’s behalf, “Sy listens and is thoughtful, but he is also proactive and a strategic thinker.” Samantha Dorey, another founding and name partner, advises clients on non-litigated matters, including development of risk-management protocols and procedures related to property management and environmental issues.

Freshfields

Freshfields is well established as a strategically connected legal force around the globe. It is the only one of the London-headquartered “Magic Circle” firms to have established itself as a powerhouse in litigation, as opposed to just the corporate and transactional work that is the primary driver of this prestigious group. Freshfields has further extended its reach into the US litigation space with the addition of a securities and shareholder litigation practice, which, entering only its fifth year, has already demonstrated aptitude for complex bet-the-company disputes on both the East and West Coasts. “Freshfields was able to pull a few great hires in,” observes a peer. “That firm has a huge footprint – they have a huge balance sheet so they can afford the talent.” A client testifies, “We started using Freshfields as US securities law counsel, but have since accessed their team across various specialty groups - secured lending, M&A, executive compensation, bankruptcy/insolvency, civil litigation, etc.  They continue to impress us with the depth of expertise and consistent high quality of the partners.” Another states, “Freshfields has a few matters with us where they are conducting internal investigations and where we have had to report on those matters to the DoJ and SEC. They have a very skilled and experienced investigations team and have a strong international presence, so they are well-suited to conducting complex international investigations. They also are responsive to our concerns about budget.”
     Freshfields proved its ability to “pull a few great hires in” once again this year, when it lured Gayle Rosenstein Klein to its New York office. Klein, a multi-faceted commercial litigator who joined from Schulte Roth & Zabel, has developed her own fan base among peers. “That really is another super hire – talk about going from strength to strength for them.”
     Much of the success of the securities and shareholder group is attributable to its co-head, Meredith Kotler of the New York office, who decamped from Cleary Gottlieb to build out the Freshfields team. Kotler is regularly trusted by global institutions and corporations for her keen, sophisticated representation in financial securities-related disputes that often involve class actions as well as shareholder derivatives. “She did great,” attests one peer of Kotler’s incredible success with business development and recruiting. “She knew who she wanted and had the Freshfields machine supporting her.” Another peer testifies, “I did a panel with her recently and she really knows her stuff when it comes to securities.” Another key member of this team, Mary Eaton, is also generating acclaim, further elevating the firm’s securities profile. A client addresses Eaton as “strategic and responsive,” and asserts, “Directors hang on her words.” A peer confirms, “Mary is doing 3M cases, which are pretty messy. She and Meredith are a pretty strong duo.” This duo successfully represented AstraZeneca, its CEO, and several other executives in a putative class action in the Southern District of New York, challenging disclosures regarding AstraZeneca’s COVID-19 vaccine, including alleged problems with its clinical trials and prospects for FDA emergency use authorization. The team scored a motion to dismiss, which plaintiffs appealed. Kotler argued this appeal in May 2023, and a dismissal was granted. Eaton also has historically represented Citigroup, a client that continues to call on her services. “Mary is counsel on that ‘Oops! We meant to wire $9 million and instead wired $900 million’ case, which is a big deal,” asserts a peer.
     Freshfields’ double-pronged securities offensive has been equally successful in California, where Boris Feldman, a “towering figure of the securities bar,” and Doru Gavril have established the firm’s foothold in that market. One peer testifies, “I know Boris Feldman very well. He has such a big name, that anchor will drop deep in the [Silicon] Valley. He is a legend out here; I’ll be on a bus and talk to someone about him and they’ll know him! He’s also just a social animal, so he gets around. I also know Doru, who is great. Another peer stresses, “Boris is one of the best-known lawyers in the Bay Area, and at Freshfields he’s the head of technology. I think this is more what he wants to do. He’s got a real keen sense for tech and is getting more into securities cases that specifically involve this area. And he’s a more senior partner, so for someone to be doing that at his age demonstrates his ambitions.” Feldman and Gavril have paired up to represent numerous household-name Bay Area clients in securities and derivative litigation, including Instacart, Alphabet and Tesla.
     While Freshfields is certainly “having a moment” in securities, it is also celebrated in other key areas. The firm’s domestic white-collar team has been particularly active of late. The global co-head of this practice, New York’s Adam Siegel, is championed as “a great talent right in that ‘sweet spot’ of having experience but still plenty of headroom.” Among several other appointments, Siegel provides extensive advice to a major global oil company across its international subsidiaries, covering internal and external investigations and significant compliance risks.  Also in New York, David Livshiz is garnering increasing acclaim for his broad-based commercial litigation practice that incorporates investigations as well as bankruptcy work. A client extols on his behalf, “He is incredibly responsive and practical. He has a deep understanding of our business and is commercially savvy, so his legal advice is very strategic. He does a great job of putting together and leading great teams that are tailored to the particular matter.” In DC, Eric Bruce is lauded by a client as “extremely smart, very experienced, and easy to work with. He understands client needs, has creative ideas, asks for and implements feedback, has credibility with the DoJ and SEC -- he's a superstar!”
     Freshfields has historically held a pole position in international arbitration, and this continues. In particular, Noiana Marigo in the New York office is addressed by peers as “extremely strong, Argentine trained, but a long time here in the US and can do cases in English and Spanish.”

Gibson Dunn & Crutcher

Formidable in a myriad of practice areas, Gibson Dunn & Crutcher remains one of the most in-demand and influential firms in litigation. With offices across the country, especially in major markets, there is no shortage of nationally recognized litigators who dutifully uphold the firm’s exceptional reputation. “Gibson Dunn is doing a good job in having an array of people in a variety of cases,” sums up one contemporary, who also notes, “And it’s also cross-ideological. They have people who are more liberal and others who are more conservative, and yet they all work well together very professionally.” A client testifies, “Gibson Dunn is excellent and has greater resources [than many of the firms I use for smaller litigations.]”
     Already comprehensively entrenched nationally, Gibson Dunn remains in growth mode. This is arguably most obviously visible via its Texas operations, whose ranks have been swelling with trial talent as of late. In September 2022, the firm welcomed former Fifth Circuit judge Gregg Costa to its Houston’s office. Costa is a celebrated figure in this market and has been focused on building out that office’s civil trials and white-collar capacity. Cox was part of a team that achieved a milestone summary-judgment victory followed by a sweeping victory at trial for an ad hoc group of lenders in the Serta Simmons Bedding dispute in Bankruptcy Court in Texas, validating a market-leading transaction that provided Serta Simmons Bedding with new liquidity and capital structure relief in order to ensure its survival during the early days of the COVID-19 pandemic. Collin Cox, a commercial litigator who earned his stripes at boutique firm Yetter Coleman, also lends a flair for trial to this office. The Dallas office has been equally abuzz of late; in July of 2024, the firm augmented its already-strong bench in that city with the addition of Liz Ryan, formerly with Weil Gotshal, who peers address as an “awesome trial lawyer.” Trey Cox, another Dallas partner who honed his chops at another firm (the boutique now known as Lynn Pinker Hurst & Schwegmann) is championed as “someone who tries cases and very often wins.” Also in Dallas, Allyson Ho obtained victories for Vistra and Luminant in litigation stemming from Winter Storm Uri, securing reversal from the Houston Court of Appeals of the MDL court’s refusal to dismiss billions of dollars in personal injury and property claims against Vistra and other Texas generators. “All in all,” surmises a local peer, “this is Texas litigation at its finest. We are hard-asses around here about outsiders coming in [to the Texas trial lawyer scene] and thinking they can hang, but Gibson Dunn is doing it right.”
     There has been no shortage of milestones logged in other offices as well. Thomas Hungar, an appellate specialist in the DC office, obtained a 9-0 Supreme Court win for Slack Technologies in what has been hailed as the first securities and derivative suit relating to going public through a direct listing. Also in DC, David Burns, a white-collar practitioner with a niche national-security practice, is also a noted favorite. “David has great experience at the DoJ, and he is really smart and thoughtful,” testifies a client. “My entire team likes working with him, and he builds a strong team within Gibson Dunn too. He is a go-to person for challenging, high-risk investigations and disputes, and also gives good general risk-management advice.”
     Gibson Dunn maintains its historic stronghold in the California market. In Los Angeles, where the firm’s roots begin, Theane Evangelis has experienced a remarkable rise in profile on the strength of her multifaceted practice that incorporates appellate, labor and employment, and media and entertainment. Evangelis persuaded the Supreme Court to grant certiorari and decide whether the enforcement of generally applicable laws regulating camping on public property constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment. The Supreme Court’s grant of review comes after hundreds of amici—including states, cities, politicians and myriad community and business groups—told the Court that the Ninth Circuit’s unprecedented interpretation of the Eighth Amendment has contributed to the growing problem of encampments in cities across the West. In the San Francisco office, securities star Brian Lutz is cheered by a peer as “matter-of-fact and easy to deal with.” Lutz secured dismissal of a shareholder derivative action against the Board of Directors of Block (f/k/a Square) arising out of Square’s acquisition by a group of recording artists led by hip-hop mogul Jay-Z of the music streaming service TIDAL. Lutz also secured a full dismissal with prejudice for Danimer Scientific of a securities class action related to alleged “greenwashing” statements about the company’s products used in biodegradable plastic utensils and packaging.
     In the New York office, Orin Snyder, a commercial litigator with a noted niche in media and entertainment, remains a ubiquitous figure. “Orin is always involved in the media stuff I do,” confirms a practice-area peer, “but I have to admit, he’s more hooked-up than I am! Want to meet Jerry Seinfeld or get backstage at a Billy Joel concert? Orin has the in – his profile is just at that level.” Illustrating this point, Snyder achieved a historic victory for pro bono client Deon Jones when a federal jury returned a unanimous verdict in his favor, finding that a Los Angeles Police Department officer violated the client’s Fourth Amendment rights by shooting him in the face with a rubber bullet during a demonstration in the wake of the George Floyd murder. Following a seven-day trial, the jury awarded $375,000 to the client. Snyder was also part of the firm team on the aforementioned Serta Simmons bankruptcy case. In another tangentially entertainment-oriented matter, Reed Brodsky and Rahim Moloo scored for Jay-Z’s SCLiquor in an intense battle with a Bacardi subsidiary, resolving over 10 actions with a negotiated transaction over a premium cognac company. Laura Goldman is addressed by a peer as “the go-to legal issues person at Gibson. I would hire her to write a brief in a heartbeat – she’s excellent.”

 

 

Greenberg Traurig

Greenberg Traurig is a full-service law firm with a global presence in a variety of practice areas. The firm hosts more than 2,000 attorneys in 41 offices across the world, which positions them to effectively serve both domestic and international clients.       
      William Goines is co-managing partner of the firm’s Silicon Valley office and dedicates his practice to complex commercial litigation and business disputes. Goines, along with New York-based vice-chair Richard Edlin were co-lead counsel to KT Engcore Corporation in a case against Moneual, an up-and-coming South Korean computer manufacturer that arose out of one of the largest corporate frauds ever prosecuted in South Korea. The client was positioned as an intermediary, providing certain financing support and acting as the computer manufacturer's exporter. After the two companies had worked together for several years, the Korean Customs Department and the Seoul Central District Prosecutors revealed that they had undertaken a large-scale investigation in which the founder of Moneual and his longtime associate were convicted of having run a massive scheme. It was determined that the computers that were supposed to have been shipped for seven years were, in fact, never shipped, and the entire scheme was a fraud. This matter is the first case of its kind to be tried in the United States and, after a five-week jury trial, Goines and Edlin scored a $32 million verdict and full damages awarded. In all, more than a dozen high-ranking business executives and government employees went to jail on the matter. Most recently, Goines and Edlin successfully dismissed the defendants appeal. 

Hausfeld

Hausfeld has emerged as a plaintiff-side firm to be reckoned with in several categories. Unlike many other companies of its ilk, however, the firm has not opted for taking the “boutique” route and has instead embedded itself globally, with litigators practicing in 11 offices throughout the US and in Europe. Primarily in the antitrust capacity, Hausfeld is an undisputed trailblazer, identified as a ubiquitous presence by peers on both the plaintiff and defense sides of the “V.” One major defense peer confirms, “Hausfeld is who we almost always see on the plaintiff side if there is antitrust class action. Even if it’s not exclusively them, they are always somewhere in the mix.” Another frequent opponent notes, “They have a wide scope regarding antitrust actions, and they are also huge in sports. I do a great deal of this work, and it’s nearly always against Hausfeld, at least in the biggest and best cases.” Still another sums up the firm’s stature by saying, “Many firms try to do what they do, but Hausfeld is one of the few that gets it right and one of the ones we take the most seriously.” Over the past several years alone, the firm has landed national headlines for its dogged pursuit of antitrust and sports claims. The firm was chosen by the DC Attorney General’s office in May 2021 to spearhead its efforts in a massive antitrust case against online retail juggernaut Amazon. More recently, Hausfeld scored big as co-lead counsel in a major case alleging that more than 30 Blue Cross/Blue Shield entities across the country have entered into agreements not to compete with each other for customers of health insurance. The litigation sought damages on behalf of a proposed class of more than 100 million subscribers, along with injunctive relief that would increase competition in the market for health insurance. After eight years in litigation, the plaintiffs scored a $2.67 billion settlement in October 2020. In addition to monetary relief, the settlement proposes systemic injunctive relief that will change the landscape for competition in healthcare. This settlement was approved in August 2022 – Judge Proctor approved the $2.67 billion settlement on behalf of employers and individuals.

While the DC office – where firm founder and former name partner Michael Hausfeld is based – has long been viewed as the firm’s center of gravity, with his transition to a “chairman emeritus” position, several California-based partners are taking bigger roles. “It’s more about the team now,” observes one peer. Megan Jones in the San Francisco office has been identified by several peers as “a leader at Hausfeld now,” with one peer testifying, “I have been very impressed with her, she has been leading quite a few cases.”

Melinda Coolidge, based in the DC office, serves as managing partner for the firm as well as attending to her own litigation matters that have earned her a debut as a future star in this edition. In July 2022, Coolidge led a team that reached a $90 million settlement in a ground-breaking case on behalf of app developers nationwide challenging Google’s 30% revenue share imposed on apps and in-app products sold on the Google Play Store. Coolidge is also part of a team is at the forefront of antitrust litigation over allegations that the nation’s four largest freight railroads – Union Pacific, BNSF, CSX, and Norfolk Southern – colluded on fuel surcharges and overcharged customers by billions of dollars collectively.

Hueston Hennigan

Since its genesis in 2015, Los Angeles litigation boutique Hueston Hennigan has seen an ascent that can only be described as astonishing. Formed by a group of commercial litigators who peeled off of California institution Irell & Manella to launch this venture, Hueston Hennigan has forged itself a coveted position as a local litigation shop that has achieved state-wide and even national prominence. The firm is noted for its mission of putting a premium on trial work, a mission that has been fulfilled with rapid momentum on several high-level appointments. “They have just been massively successful,” sums up one East Coast litigator, stating a consensus shared by many. The firm’s client base is remarkably diverse, ranging from individuals to a variety of entities encompassing tech giants, Native American tribes, the Boy Scouts and the California State Bar (to name but a few), with very little repeat business and virtually no “routine” cases. “Hueston Hennigan doesn’t do the ‘cookie-cutter.’ They do really cool, cutting-edge work,” declares a peer, who goes on to confide, “I admit it makes me jealous, and I’m sure I’m not alone!” Seemingly not content with dominating the Los Angeles area, the firm has, within the past year, discreetly planted a flag in the New York market as well, with a further buildout expected.
      Firm founder and lead trial John Hueston, a trial trailblazer who has carved himself an enviable position even among others in the elite trial lawyer circuit. “I’ve seen trial lawyers rise and fade but John is young and vibrant enough to be in this for the long haul,” opines one peer. Hueston’s proven activity as lead counsel on a number of high-level appointments more than supports this near-unanimous acclaim. Hueston is not alone in his trial prowess and activity, however. Moez Kaba has staked himself a position as another of the firm’s lead trial counsel, acting in tandem with Hueston or on his own on some of the firm’s most high-stakes disputes. Kaba made his debut as one of the Benchmark Top 100 Trial Lawyers two years ago, a coveted status made all the more impressive by the fact that he is the youngest appointee to this prestigious list by some distance. More impressive still, his position on that list remains secure again this year, as does that of Hueston, who has appeared every year since the list’s inception. This duo is once again (as co-counsel) defending Amazon, for which the Hueston pair has previously triumphed in other earlier matters. This time, the case is against the FTC, which claims that Amazon duped millions of consumers into unknowingly enrolling in its Amazon Prime program by employing “dark patterns” that allegedly deceive and confuse customers into enrolling, and deliberately makes cancelling difficult. This same duo, along with Alison Libeu, also scored for energy drink entity Monster when a California jury awarded the client $293 million in a hotly contested Lanham Act, false advertising and trade secrets case with a rival. Hueston and Newport Beach-based Doug Dixon also led a team that secured a settlement in excess of $300 million for Match on the eve of trial in a high-profile antitrust case. Match (along with Epic Games, which filed its own well publicized suit) alleged that Google used anti-competitive practices to build and maintain a monopoly over Android app distribution – including paying off rivals not to compete – so that app developers have had no alternative other than the Google Play Store to reach Android consumers. Google is also facing allegations that it is exploiting it by requiring app developers like Match and Epic Games to use Google’s payment system for subscriptions and other in-app purchases, allowing Google to impose a fee of up to 30% from each transaction. Vicki Chou makes the leap from future star to litigation star in this edition. A peer insists, “It’s her time! She is doing white-collar but also doing a lot of civil work. She just got into the ACTL! She is keeping a very balanced practice and bursting on to the scene.”

 

 

Hunton Andrews Kurth

Recognized in jurisdictions around the country for its overall talent in litigation, Hunton Andrews Kurth is praised for its ability to provide clients with exceptional service across a litany of practice areas. Clients make note of the variety of issues for which they turn to the firm: “Class actions, regulatory advice, cybersecurity litigation, and arbitration.” One additionally shares, “Hunton Andrews Kurth has provided a variety of legal services to us recently. Hunton has provided advice and counsel on commercial contracts, litigation, class action litigation, employment issues and franchising.” In the same vein, the client comments on the firm’s service, adding, “Hunton brings a level of service that is above and beyond what we experience with other firms. They understand the client and provide counsel in a timely manner.”

     Hunton’s range of excellence across practice areas is equal to its bench strength spanning a strategic network of offices. In the southeast, Sam Dannon is recognized by peers in the Miami market. “Sam Dannon is a great lawyer,” one comments. “He’s excellent. He did a great job with the grass fertilizer cases. I think if you’re talking about individuals – Sam has a big name. It’s a well-deserved name.” Richmond-based litigator Elbert Lin receives the same recognition with a praising mention: “Elbert Lin – He's the man!” Lin serves as lead defense counsel to automobile parts manufacturers and distributors facing enforcement proceedings from the Environmental Protection Agency and the California Air Resources Board. The companies also selected Lin and the team to represent them before the DC Circuit Court of Appeals. Lin seeks to challenge the EPA’s reinterpretation of the Clean Air Act, alleging it was illegal and acted without following proper rulemaking procedures pursuant to the act. The lower court had found in Lin’s favor, allowing the clients to challenge the interpretation in each enforcement action. Fellow Richmond partner Ali Cunningham makes her debut as a Litigation Star this year, covering the mass tort, product liability and environmental litigation and serving as the co-head of the firm’s litigation group. She is the lead lawyer representing French subsidiary of Alfa Laval, Alfa Laval Packinox, in an International Chamber of Commerce arbitration commenced by Drivetrain, serving as the litigation trustee for the bankrupt subsidiaries of a now-defunct infrastructure and energy company, Abengoa. Cunningham and the Hunton team were sought out as lead counsel after Drivetrain increased its damages request substantially. In response and as newly appointed counsel, Cunningham overhauled the defense strategy and resolved the case successfully and on terms favorable to the client.

     Richmond’s George “Trey” Sibley’s practice emphasizes matters of environmental permitting, while in D.C., environmental practice head Deidre Duncan focuses on disputes related to compliance in addition to permitting. The two are often active in these regards on high-stakes proceedings with the potential to markedly reshape the landscape of EPA regulation. Recently, Sibley and Duncan were before the Ninth Circuit in a matter challenging the scope of the court’s discretion to vacate federal agency action. The District of Columbia office also features Torsten Kracht whose commercial practice has involved class actions and arbitrations nationwide. One of Kracht’s clients voices their deep appreciation for his representation, client relationship, as well as his disposition. “Torsten listens first and provides counsel second,” the client reflects. “He is a consummate professional who is client focused and results driven. I have worked with hundreds of attorneys over the course of my in-house career and have not met another attorney that rises to his level.”

     In Texas, Houston’s Kelly Sandill is an active, multidisciplined litigator with a history of casework ranging from government relations to First Amendment. Sandill has been lead counsel to the Houston Police Officer Union in its challenge to voter-approved city charter amendment, Proposition B, which tied firefighter pay to policy pay. She led an all-female trial team that initiated the underlying challenge in 2018, and after years of litigation, months of briefing, oral arguments and post-submission filings, the Texas Supreme Court reinstated the team’s trial win. Not only did the Supreme Court find in favor of the HPOU, affirming the client’s right to collectively bargain for its members and ensure it remains a competitive police force, the high court’s opinion is likely to become authoritative on preemption in Texas.

     Making a first appearance as a Litigation Star this year, New York partner Shawn Regan has an industry-focused approach, handling all practice areas touching on issues related to the financial, energy, and consumer-retail sectors. He received a shout out from a peer who worked with him on a national case. Los Angeles-based partner Ann Marie Mortimer is the head of commercial litigation at the firm and stands at the forefront of cybersecurity litigation. Her talent is noted by clients who commend her work. One of whom shares, “Ann Marie is great at client communication and shows creativity in her legal arguments.” Spearheading cybersecurity cases as a thought-leader and litigator, Mortimer has maintained an exceptionally active practice over the last year involving technology-breach, California Consumer Privacy Act violations, and a variety of multidistrict litigation cases. Mortimer obtained dismissal for Bath & Body Works facing a CCPA class action alleging violations although the named retailers were not involved in a data breach. She is also lead counsel for Meta Platforms, handling a multitude of cases across jurisdictions in an effort to curb abusive users and hold them accountable as the company has come under scrutiny over its responsibilities. Mortimer has secured a series of wins over the last year, including motions to dismiss counterclaims and affirmative defenses brought by the defendant in a case. In the cybersecurity space, Mortimer thwarted a putative data breach class action with a success motion to dismiss in favor of OneMain Holdings and OneMain Financial Group after it announced that a vendor shared reports of credit card transactions which contained privileged information.

Kasowitz Benson Torres

Kasowitz Benson Torres is a maverick litigation shop that has built its reputation as a formidable force, largely due to its trial-ready strategy for litigation. Leading up to trial, clients witness the team’s approach in action. “Their services were excellent with respect to understanding the issues involved in the case and worked to ensure the best outcome,” extols one. Another addresses the firm as “extremely commercial, risk based and pragmatic. [They have a ] Strong sense of where to put energy and focus. They are very legally sound and strategic. They offer practical solutions to their clients, both on legal and non-legal aspects.” Although, as one peer stresses, “Kasowitz does a lot of high-risk plaintiff work,” the firm offers a comprehensive array of litigation services on the plaintiff and defense sides of the “V.” While the firm is certainly not a conventional “big-law” firm, it is not a boutique either – indeed, the firm’s footprint is densely concentrated throughout the country through 10 offices, strategically located in New York, Washington, DC, Miami, Atlanta, Denver, Houston, Los Angeles, Silicon Valley, San Francisco and Newark, NJ.
     While the firm’s bench is expansive in terms of practice areas and generational headroom, few would dispute the firm’s center of gravity being founding partner Marc Kasowitz, a New York-based generalist commercial trial lawyer with an unflinching approach to litigation and a history of representing a colorful and diverse roster of clients. “Marc had the grit and vision to forge that firm,” declares a peer. “If you work there, you have to be willing to work at ‘his’ firm – it’s a benevolent dictatorship, and he is very clear about this, to be fair. But he’s a great businessman – great in the boardroom and great in the courtroom. He has a reputation for being more aggressive than he really is – he’s very smart and knows when to be aggressive and when to pull back.” Kasowitz has been representing Pilgrim’s Pride in a criminal price-fixing investigation by the DoJ– Antitrust Division relating to the sales of broiler chicken products, after the then-current CEO of Pilgrim’s and another former Pilgrim’s employee were indicted for alleged price-fixing. Kasowitz continues to represent Pilgrim’s in cooperating with DoJ’s ongoing criminal investigations into the poultry industry. Kasowitz also works with Mark Ressler and antitrust authority Sheron Korpus are representing Teva Pharmaceuticals in its three separate actions involving antitrust, securities and white-collar crime. Korpus is also representing Byju’s, an Indian-based educational technology giant, in a battle over control of a US affiliate of Byju’s after a lender accused the affiliate of defaulting on a $1.2 billion debt and shuffling hundreds of millions of dollars out of the business.
     Stephen Tountas, a securities specialist, operates in both the prosecutorial and defense capacities. As a plaintiff, Tountas filed five separate direct securities fraud actions on behalf of Public Employees’ Retirement System of the State of Mississippi, Catalyst Mutual Funds, Northwestern Mutual Life Insurance, Privet Capital and Boeing Company Employee Retirement Plans against Valeant Pharmaceuticals. He is also defending the former CFO of Eros Int’l, in connection with a putative securities class action arising from a series of alleged misrepresentations between July 2017 and August 2021 regarding Eros’s financial condition, the accuracy of its public financial statements, and the integrity of its accounting practices. 
     Younger team members of Kasowitz have generated healthy levels of acclaim as well. Ronald Rossi is called “responsive and knowledgeable” by a client, who goes on to elaborate, “Ron is an extremely experienced litigator. His sense of how to value claims gives invaluable perspective for clients.” Jason Shortis praised by a client as ”extremely intelligent and knowledgeable. He maintains a firm grasp of the matter (internal alleged money-laundering case involving 1MDB) for over eight years and is very clear in coordinating the services of counsel overseas.” An appreciative client testifies on behalf of Christine Montenegro’s counsel services: “She was extremely knowledgeable and communicative. As a result of her work on the issues that we had, we had a very favorable outcome.” White-collar-focused star Jonathan Algor is cheered by a client for his “great communication and helpful explanations.”
     While the bulk of the firm’s firepower is domiciled in New York, Kasowitz’s California presence has been steadily building as well. Dan Saunders, a white-collar, commercial and employment practitioner with a particular emphasis on the entertainment industry, is called “great in arbitration and litigation in general,” according to a client. “He gives very strong opening and closing arguments, well researched and prepared examination. He has incredible presence, very engaging and gives very well-presented arguments.”

 

Keller/Anderle

While based in Irvine, Keller/Anderle generates acclaim from all over California and, in some cases, attends to matters that resonate nationally. The firm is specifically noted for its zealous trial-forward ethos, embodied by its founding partner and center of gravity, Jennifer Keller, a “fierce” trial lawyer. “They are an excellent firm, and Jennifer is amazing,” testifies a peer. “She gets brought in on a big case when it looks like it’s going to go to trial! They also do appellate work, but it really is more trial-centric. And they WIN!” Another contemporary confirms, “My favorite trial lawyer if I had to pick one is Jennifer Keller. I love her story, it’s a lot like mine. She was a public defender, she was in the gutter of the legal business, [dealing with] the blue-collar cases, and she has learned her craft that way and has learned how to speak to juries. She’s my hero.” Displaying a remarkable versatility in her trial prowess, and often on compressed timelines, Keller represented actor Kevin Spacey Fowler in a lawsuit filed by two plaintiffs actor Anthony Rapp and another anonymous plaintiff regarding alleged incidents that happened in the early to mid-1980s. The case was tried to a jury in October 2022 in the Southern District of New York. After five years of intense litigation and a jury trial, Spacey was unanimously found not liable after a mere 30 minutes. Keller is also representing Calvin Broadus – aka Snoop Dogg – against sexual battery allegations that were filed just four days before the Super Bowl where Snoop was performing with fellow rapper Dr. Dre. The plaintiff originally filed in Federal Court in January 2022 but after Keller’s two motions to dismiss, the plaintiff withdrew their complaint.

Kramer Levin Naftalis & Frankel

While Kramer Levin Naftalis & Frankel has been a mainstay of the New York legal community since its inception, it has, in recent years, expanded in a modest and measured fashion, starting with an office in Silicon Valley, and moving full steam in to the DC market by storm with its auspicious acquisition of prized local shop Robbins Russell, incorporating a deep team of celebrated practitioners across several practice areas. “That’s a big deal,” sums up one local peer, voicing the general consensus. “Robbins Russell was a classic DC firm and now the platform has given both sides many new opportunities.” Key among these new recruits is appellate “dynamo” Roy Englert, a frequent visitor to the Supreme Court and an authority in the practice. Englert is “all appeals, all the time,” and respected by a vocal percentage of the leading figures in the DC appellate community. “Roy is fantastic,” testifies one peer. “He brought an amicus in a case we are working on, and we were very impressed.” Gary Orseck is another recruit with fluency in appeals, as well as a broad-based commercial, securities and white-collar practitioner. “Gary is a tremendous lawyer,” extols a peer. “He has a really good sense of judgment and is a great writer.” Orseck’s achievements exemplify these ringing endorsements; he defended United Health Services’ officers and directors in a derivative suit alleging securities fraud, breach of fiduciary duty, and other claims, relating to alleged improper patient-admission practices at the client’s affiliated behavioral-health facilities throughout the country. The claims were dismissed in 2019 but went to appeal In December 2021, at which point the parties resolved the matter, originally valued at more than $1.5 billion, on the basis of non-monetary reforms regarding corporate compliance. In a similar matter, Orseck leads a team defending Community Health Systems and certain of its affiliates and former officers against fraudulent transfer, breach of contract, illegal dividend, and related claims brought by the Litigation Trustee for the QHC Litigation Trust. The Litigation Trustee seeks to avoid, among other things, a $1.2 billion transfer from QHC to CHS in connection with a 2016 spinoff transaction. The DC group comes with some youth factor to balance out the senior talent; future star William Trunk is part of Orseck’s team on the aforementioned Community Health matter, and Ariel Lavinbuk comes equipped with a practice that encompasses commercial litigation as well as a bankruptcy element, an area for which Kramer Levin, through its New York office, has historically been seen as Tier 1. 

     The bankruptcy practice has earned plaudits from fellow leaders in the area. “It is run by Ken Eckstein and Tom Mayer, who are great in court, great at deals, and just great at bankruptcy everywhere,” declares one peer, who further attests, “I see them all the time and they give me and anyone else a run for the money.” Eckstein leads a team that, for the past three years, has served as lead bankruptcy counsel to represent the Ad Hoc Committee (AHC) of 10 state attorneys general, six municipalities, and the Plaintiffs Executive Committee in the multidistrict litigation and a federally recognized Native American Tribe in the ongoing bankruptcy saga of embattled opioid manufacturer Purdue Pharma. White-collar crime is another field in which Kramer Levin boasts an unanimously lauded roster. “The Kramer Levin team actually does trials! That’s rare in the white-collar world, and these are actually for some very high-profile individuals,” marvels one peer. Barry Berke is an undisputed leading presence. He was recently thrust into the limelight when he was called into service as special counsel to the Judiciary Committee of the US House of Representatives in connection with its investigation and impeachment proceedings of Donald Trump, and as of February 2020, Berke returned to Kramer Levin with newly burnished credentials. Not that he needed them; even before this engagement, Berke has been routinely identified by peers as “absolutely one of the best,” with one elaborating, “Especially at his age point, he has some of the best experience you could ask for and credibility beyond question.” Clients agree; one calls Berke “a counselor, a litigator, and a strategist,” and goes on to assert, “No one is better.” While Berke’s profile in the community is undisputed, others in this group are making their mark. Dani James acted with Berke in representing Theodore Huber, a partner and analyst at Deerfield Management, in parallel actions brought by the US Attorney’s Office in the Southern District of New York and the Securities and Exchange Commission arising from Huber’s trading based on purportedly confidential government information relating to Medicare reimbursement for healthcare services. Both celebrated white-collar stars Berke and James represented biotech giant Amgen in a commercial litigation capacity in the client’s dispute with Novartis over the latter’s alleged breach of contract and tortious conduct arising out of the parties’ collaboration agreement to commercialize a migraine drug. On a counterclaim, Amgen alleged that Novartis breached the contract when it allowed its subsidiary to manufacture a competing migraine drug, and then actively concealed this from Amgen. The Kramer Levin team on this matter also included Norman Simon, who typically deals with cases involving the Lanham Act and false-advertising claims, niche areas in which Kramer Levin has been noted as being one of the few major players.
     The firm has recently developed a more “hard IP” practice, spearheaded by Dr. Irena Royzman, who is noted by peers to “occupy a definite presence in the pharma patent space.” Royzman has historically represented Janssen, and on behalf of this client sued several generic manufacturers under the Hatch-Waxman Act for infringement of patents protecting Symtuza, a treatment for HIV/AIDS. The action is in active fact discovery and claim-construction proceedings, and a bench trial is scheduled for October 2023. The IP area is bookended on the West Coast by Lisa Kobialka in the Silicon Valley office (opened in 2011). Kobialka, whose practice is primarily devoted to the tech space, brought patent infringement actions against Xerox and Ricoh relating to systems and methods covering various aspects of printers and/or copiers as well as their processes, performance and maintenance, and workflow management. 

     The firm upholds its dedication to labor and employment litigation, regularly representing high-profile clients in a variety of respects, particularly emphasizing – though not limiting itself to – highly sensitive and complex single-plaintiff employment disputes. No stranger to the public eye, employment law chair Kevin Leblang of New York is regularly active at the forefront of the most highly exposed disputes in employment litigation. Leblang currently defends Stifel in a sexual harassment lawsuit that has gained significant market attention. In 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) passed, leading the court to reverse its initial order to compel arbitration. Leblang has since appealed the decision to the Second Circuit. Leblang is routinely prepraing for trial. He is also active in discovery and pre-trial practice, defending Société Général in a sexual orientation and harassment lawsuit. Eliza Kaiser, also of the firm’s New York office, represents leaders across a variety of industries in disputes and investigations. Kaiser represented Facebook against a Department of Justice action that alleged that the company engaged in discriminatory hiring practices in the US in relation to its immigration policies. She negotiated a settlement with the DOJ as well as a parallel matter with the Department of Labor. Leblang and Kaiser’s fellow partner Robert Holtzman was recently engaged in three separate arbitrations on behalf of Natixis, all of which were successfully resolved.

Latham & Watkins

·      Latham & Watkins has handily transitioned from its image as a California-headquartered focused on corporate work. Although the firm did see its origins in the Golden State and has a coveted corporate practice, Latham has also gained a well earned reputation as an undeniable litigation powerhouse whose footprint has not only reached national levels but boasts litigation heavyweights in nearly every one of its US offices across a diverse spectrum of practice areas. “I see Latham everywhere because they are so big,” confirms a peer, attesting to the firm’s domestic dominance.
     California continues to be a stronghold, with stars in all of its key partners throughout the state across a spectrum of practice areas. Orange County-based litigation head Michele Johnson is a securities authority with a flair for trial. “These types of big securities cases rarely go to trial,” explains a contemporary, “but Michele has already had an impressive number of them that have and has done great with them.” Hot on the heels of a landmark win in a rare securities trial for Puma Biotechnology four years ago, within the past year Johnson won a jury verdict in favor of client OWLink Technology in a breach-of-contract dispute concerning alleged failure to pay commissions and other violations of contractual obligations. The jury awarded OWLink $26.2 million in damages. Johnson took on this case three weeks before trial. Johnson also teamed up with DC securities star Andrew Clubok to secure a complete dismissal with prejudice of a securities stock-drop class-action complaint on behalf of Twitter/X, alleging cybersecurity, data-privacy, and user-metric misrepresentations. Peers are also a fan of Kirsten Murphy, also in the Orange County office. “I’ve had great experiences with her,” extols one. In the San Francisco office, Chris Yates is a consistent standout. “Chris is noted as an antitrust lawyer, but he is really much more of a trial lawyer,” insists a peer. “He has great instincts about what to push as a trial lawyer, and he has the antitrust horsepower to augment that.” Yates teamed up with Chicago white-collar star Sean Berkowitz to represent TKO Group, the parent company of the Ultimate Fighting Championship in the high-profile antitrust lawsuits brought by a group of mixed martial artists who accused the organization of abusing its market position to suppress fighter pay. The Latham duo was brought in to try the case once it became clear the court would certify a damages class and the matter would head to a jury. Latham was retained to handle a second copycat class action as well. The parties negotiated a US$335 million settlement to resolve both cases.
    Boston’s BJ Trach and Steve Feldman, who operates from New York and Los Angeles, secured a victory for Peloton in a high-profile putative nationwide consumer class action in the Southern District of New York asserting violations of false advertising and consumer-protection laws relating to Peloton’s advertisement of an “ever-growing” library of on-demand classes. Latham defeated class certification entirely by highlighting the plaintiffs’ failure to establish that the ads increased costs to consumers by allowing Peloton to extract a price premium and demonstrating plaintiffs’ expert’s failure to propose a model capable of measuring damages. “I continue to be impressed by Jamie Wine,” asserts a peer, summing up the consensus of several others. The New York-based Wine triumphed in securing dismissal of a high-profile defamation and antitrust lawsuit brought in Missouri federal court by chess grandmaster Hans Niemann against Latham clients Chess.com and several of its officers. Niemann was faced with allegations of cheating in September 2022 after he defeated an individual purported to be greatest player in chess history. In response, Chess.com closed Niemann’s account and withdrew his invitation to the then-upcoming Chess.com Global Championship tournament, and Niemann sued in response. Wine and Feldman achieved a major trial victory for Sorrento Therapeutics and Scilex Pharmaceuticals in a lawsuit filed against Scilex’s former president. The court found for Latham’s client and determined that the former president breached his restrictive covenant agreement with Sorrento relating to its purchase of Scilex, breached his fiduciary duties to Scilex, and misappropriated several of Scilex’s trade secrets.
     In the DC office, enthusiasm is strong for Roman Martinez, who maintains a practice dedicated to appeals, constitutional and administrative law. “He seems to have a lot of excitement around that practice,” asserts a peer. “He has really built it out.” Martinez scored on behalf of Farfetch in front of the Second Circuit Court of Appeals, which affirmed dismissal of wide-ranging Exchange Act and Securities Act claims against the client and its executives and directors (along with other defendants). Plaintiffs filed a class action lawsuit in the U.S. District Court for the Southern District of New York on the heels of a nearly 45% decline in Farfetch’s stock price after the company’s IPO. Also operating from DC, as well as Chicago, Michael Morin is a recipient of peer praise for his patent-focused intellectual property prowess. “He is a good, thoughtful guy,” states a peer. “He is very smart and savvy. Latham really developed some exceptional talent in the IP area over the past few years, and Michael is emblematic of that.”

Lieff Cabraser Heimann & Bernstein

Founded in San Francisco in 1972, Lieff Cabraser Heimann & Bernstein celebrates its 50th year in action as a plaintiffs-only law firm. Throughout its years of being in service, the firm has garnered such a well-respected reputation as one of the most formidable forces that it has established a place on the Top Plaintiffs list since its debut. Lieff Cabraser has represented plaintiffs in a myriad of cases, ranging from consumer protection to fraud, labor and employment to securities, and everything in between. They have cornered niche areas of the market, such as litigation concerning the automotive and auto parts industries. One peer reflects, “[They] used to be known as a mass tort firm back in the old days, but they have become more active in the shareholder space.” The firm is well-known for itsstrategy and preparation, only bringing the most significant and impactful cases to defense counsel doors, regardless of the practice area. 

    One of the leading authorities in the plaintiffs' bar nationally, Elizabeth Cabraser is also the cornerstone of the firm’s top-tier ranking. With her exceptional skill in trial work, she garners the respect of plaintiff and defense counsel alike. While previous opponents have described her as “aggressive” in litigation and known to challenge her opponents, Cabraser is also “unquestionably ethical,” and her knowledge and creativity ensure defense counsel come prepared. She is frequently appointed as lead counsel for plaintiffs in class actions. In June of this year, as lead counsel, Cabraser obtained a preliminary approval of an $80 million settlement in the high-profile Volkswagen-Porsche emissions fraud case. She is also currently on Plaintiffs’ Steering Committees for antitrust price-fixing matters, including a case against generic drug manufacturers.  

    Richard Heimann is at the helm of the securities and financial fraud practice, especially for his work representing plaintiffs in shareholder derivative litigation. He leads the firm’s representation of Houston Municipal Employees Pension System in a securities fraud class action against Bofl Holding. The proposed settlement of $14.1 million was preliminarily approved by the Southern District of California. Outside of shareholder litigation, Heimann, as co-lead counsel for the City of San Francisco, received a favorable ruling against Walgreens that found the company liable for its contributions to the opioid epidemic. Kelly Dermody is a leading plaintiffs’ lawyer in the labor and employment arena. She is co-lead counsel with another prominent labor and employment plaintiff firm representing current and previous associates and vice-presidents of three divisions at Goldman Sachs in their gender discrimination lawsuit against the major financial institution. Dermody recently prevailed against the defendant’s motion to decertify the class and against the defendant’s motion for summary judgment on the plaintiffs’ disparate treatment claims. Robert Nelson has been the lead counsel in lawsuits against Plains AllAmerican Pipeline following the 2015 rupture that spewed oil into the Pacific Ocean off the coast of Santa Barbara. The pipeline’s rupture caused soiled beaches and negatively impacted local fisheries. Nelson has represented subclasses includinghomeowners who lost the use of the beachfront amenity that they pay a premium for, local oil platform workers who were laid off as a result of the spill and subsequent closure of the pipeline, and fishers whose catch was impacted by the oil spill. Nelson recently obtained preliminary approval of a settlement totaling $240 million for two of the subclasses in the case. The fisher class will receive $184 million, and the property class will receive $46 million, pending final approval by the court. Lexi Hazam was recently court-appointed to be the co-lead counsel for individual plaintiffs in the Woolsey Fire cases against Southern California Edison. The cases have been sent into a settlement protocol and numerous cases have since been settled. 

    The firm also maintains a New York office that upholds the firm’s reputation on the East Coast. Wendy Fleishman is a New York partner whose practice is focused on representing plaintiffs in personal injury disputes and mass torts. A majority of her cases relate to prescription drug recalls due to injuries from undisclosed and dangerous side effects and defective medical devices. 

Loeb & Loeb

A full-service firm with a national, and global, footprint, Loeb & Loeb provides a wide array of legal services through its six offices throughout the US and two in China. In litigation specifically, the firm has deep ties to the entertainment industry. “It’s really time to take a closer look at Loeb & Loeb,” advises one contemporary. “For entertainment litigation, they are really quite dominant. They have some strong connections there, some very high-profile clients.” Another insists, “They have one of the best trust-and-estates groups in the country, and this is going to be a crazy growth area.”

     Not surprisingly, much of this is serviced by practitioners in its Los Angeles office. A team of Loeb litigators, led by partner Jim Curry, represents CBS in litigation relating to the popular daytime television program, “Judge Judy,” including defending CBS against first-of-their-kind cases involving claims that a sale of a television library should trigger a “buy-out” of the profit participant’s interest. The Loeb team also previously defended CBS against a related case where a former agent and profit participant sought a declaration that Judge Judy’s salary is too high and should not be deducted as a profit participation. Curry and his team won the case on appeal of the granting of summary judgment to CBS. “Jim Curry does a lot of work that many entertainment lawyers don’t like to do, like accounting disputes and audit claims, which is when someone is a participant in a TV show or a film and they see the accounting sheet and the film or show is underwater, so they dispute the accounting.” David Grossman is defending Paramount Pictures against the estate of Truman Capote in a lawsuit in which the estate is claims that they own the rights to the 1961 film Breakfast at Tiffany’s. The suit involves complex copyright questions, including questions related to the granting of rights by the Estate to Paramount. Grossman is also defending NBCUniversal, actor Gary Oldman and Working Title Group against claims of breach of implied in-fact contract and interference brought by a writer alleging that material from his working scripts about Winston Churchill ended up in the film Darkest Hour without credit or compensation.

Grossman also defended Netflix and the creators of the Netflix hit television series Stranger Things, against a copyright infringement case in which the screenwriter and producer filed suit asserting, among other claims, that the show included elements from the writer’s undeveloped screenplays and in particular that the “Shadow Monster” was based on a character the plaintiff created. LA partners John Gatti and Lauren Friedrepresent Miramax and its related licensees, including Amazon and Walmart, among others, in a suit brought by a photographer that claimed to own the rights to an iconic photograph of Uma Thurman used in a poster for the movie “Pulp Fiction,” which Miramax produced. After decades of Miramax licensing the image, the photographer claimed for the first time in his 2020 lawsuit that he owned the photograph, that Miramax had no right to exploit the photo in any way, and that Miramax and each of its licensees were liable for copyright infringement. The Loeb team successfully secured an order that the photographer was late in filing any copyright registration, thereby limiting the alleged damages. Gatti and Fried also represent singer/songwriter Tracy Chapman in a copyright-infringement case based on rapper and songwriter Nicki Minaj’s sampling of Chapman’s works without permission. On summary judgment, the district court found triable issues of fact as to whether Minaj could be held liable on Chapman’s distribution claim and set a date for trial. Minaj subsequently agreed to pay Chapman the full amount of damages sought and judgment was entered in the federal court case in Chapman’s favor for nearly half a million dollars.
     Operating from the firm’s New York office, Barry Slotnick and Tal Dickstein

are defending rapper Roddy Ricch, as well as songwriters, music publishers and the record label, against a copyright infringement suit alleging that Ricch used part of songwriter Greg Perry’s 1975 soul song “Come on Down” in Ricch’s 2019 hit “The Box.” This same pair is defending a number of individuals and entities against copyright infringement claims brought by Chris Brown involving the rights to the motion picture Down For Life.

 

Paul Weiss Rifkind Wharton & Garrison

Paul Weiss remains a brand name that is synonymous with blue-chip clients, and when these clients face extraordinary circumstances, the firm’s unassailable litigation team is a shortlisted crew in any conversation. “Paul Weiss sure has a whole lot of market share,” observes a peer. “They do great by their clients, and they are great at advising which cases to go all the way with and which cases to settle. The whole team is superb.” The firm’s litigation capabilities extend across virtually all major commercial practices, with star power at all levels within each of these, and the firm shows no signs of slowing in its agenda of recruiting and grooming this talent. Historically an East Coast powerhouse, the firm has since entrenched itself in the California market with the January 2021 addition of a San Francisco office, spearheaded by Melinda Haag and Walter Brown, two leaders in the white-collar area. Paul Weiss then followed with an office in Los Angeles, opened in 2024, with product liability specialist Kim Branscome installed in this outpost. “Kim made her bones on the talc cases for J&J,” testifies a peer. “I never tried a case with her, but I have read a few of her transcripts. She is known and respected in the products world, gets work.” The doubling-down on the West Coast was not the only recent development for the firm; a peer notes, “Paul Weiss is getting more involved in the employment area! [New York partners] Lisa Velasquez and Brette Tannenbaum are two people I would name for this, although Brette does a lot of other varied commercial work as well.”

     DC partners Bill Isaacson and trial lawyer Karen Dunn continue to draw acclaim for their antitrust work. The pair logged a March 2022 dismissal of an antitrust lawsuit filed by the DC Attorney General that challenged Amazon’s “fair-pricing” policy nationwide and then defeated the district’s post-trial motion for reconsideration and its motion to further amend its complaint in August. The case eventually wound up at the DC Court of Appeals, with oral argument taking place in December 2023. Appellate specialist Kannon Shanmugam is acting in the appeals capacity. “He’s amazing, really professional,” extols a peer on Shanmugam’s behalf. “He does a great job for his client and deserves the reputation he has.” Dunn and Isaacson, along with Jessica Phillips, also won a major bench trial victory in the District of Nevada on behalf of Oracle in a high-stakes, long-running copyright infringement dispute with Rimini Street. Issuing an extraordinary injunction order in July 2023, the court ordered Rimini to shut down its automated tools and issue and prominently post a 15-point press release in which Rimini discloses its alleged untruths to the public.
     New York’s Daniel Kramer and Audra Soloway, both stars in the securities capacity, logged another triumph for Amazon, and several current and former executives, in December 2023, when the Western District of Washington dismissed without prejudice a putative securities class action alleging that the defendants had defrauded investors in connection with statements made about Amazon’s relationship with third-party sellers and about the pace of growth in Amazon’s fulfilment distribution network. “Dan Kramer is really amazing,” raves a peer. “He’s got a great understated touch that is perfect for managing stressful borderline-crisis situations.” Kramer and Soloway also teamed up with Brown and Haag as trial counsel for Apple following the court’s denial of summary judgment in a securities fraud class action relating to a single statement by CEO Tim Cook on a 2018 earnings call concerning Apple’s business in China. Meredith Dearborn, another star in the firm’s San Francisco office, also was part of team. Dearborn lays claim to her own fan base in the securities community. “I like Meredith a lot,” asserts one peer, who goes on to confirm, “She worked with us on a case for [fintech and crypto entity] Ripple, and she impressed me. She’s young, maybe only 40, but is really poised for greatness.”
     In yet another Amazon engagement, a team composed of New York stars Roberto Gonzalez, Loretta Lynch and Jeannie Rhee were retained by the online retailing juggernaut in what is purported to be one of the largest publicly agreed-to racial equity audits to date. The audit analyzes the company’s overall policies, practices, programs and initiatives to determine their racial impacts on the company’s wage-earning employees.
     Enthusiasm for the always-championed New York securities star Brad Karp remains strong and shows no signs of abating. “Yes, Brad is still ‘the man,’” attests a peer. “You can expect that to be the case for a while yet. He’s in-demand, yes, largely due to his savvy, people-pleaser personality, but also because he really works hard for it.” Another peer supports this view: “He is still everywhere at once, still a hustler. One wonders if he sold his soul for this energy.” A team composed of Karp, Tannenbaum, Andrew Ehrlich and Lorin Reisner won a significant victory in April 2023 for The Blackstone Group and Blackstone Alternative Asset Management when a Kentucky Court of Appeals panel unanimously held that the Kentucky attorney general should never have been permitted to intervene in and revive a $50 billion derivative action in which the original plaintiffs were found to lack constitutional standing. The case was brought by a group of individual Kentucky public pension members in 2017, alleging that the Asset Management entity breached its fiduciary duties by unlawfully selling unsuitably risky custom funds of hedge funds to the pension agency, as well as engaging in a civil conspiracy among investment managers and trustees to conceal this.

 

 

Polsinelli

Polsinelli has grown beyond its Kansas City roots to inhabit various strategic locations throughout the country. The firm’s aggressive expansion over the years has equipped it with breadth and depth in many areas of litigation, while still maintaining its premier reputation as a go-to litigation firm for the healthcare industry.

      Chicago’s Mary Clare Bonaccorsi previously served as Polsinelli’s Cross-Department Litigation Chair, while keeping an active practice mainly focusing on the healthcare industry, routinely leading high-stakes corporate internal investigations for clients in healthcare and the pharmaceutical industry. Additionally, her casework often involves false claims act litigation in both state and federal courts throughout the country. Thomas Gemmell and Daniel Reinberg join Bonaccorsi in the Chicago office. Gemmell’s practice mixes IP and business litigation. He leads several industry-specific practices, serving as lead of the unmanned systems and advanced robotics practice and co-lead of both the aviation practice and the transportation and logistics practice. Reinberg like Bonaccorsi concentrates his practice on the healthcare industry.

      John Peterson bridges a geographic and practice divide, practicing in Nashville and Chattanooga as well as Los Angeles, Peterson is a commercial litigator with vast experience in securities as well as real estate, and he is yet another Polsinelli partner devoted to healthcare litigation, an industry essential to Tennessee's economy. New addition to this year’s Litigation Star ranking is Atlanta-based partner Kurt Erskine. His practice’s focus is white collar crime, both investigating and litigating cases against state and federal entities. He is leading a healthcare company through a civil rights investigation conducted by the Department of Justice. Beyond the healthcare industry, Erskine is handling securities and insider trading fraud investigations by the SEC and DOJ, as well as a fraud case filed by the FBI and DOJ. Farah Nicol operates out of the firm’s Raleigh and Los Angeles offices and serves chair of the firm’s litigation department -- the first leader to not be based in Kansas City, the firm’s mainstay. Nicol’s primary focus is on product liability and toxic tort litigation.

     Rounding out the South, Dallas partner Adrienne Frazior debuts this year as a Litigation Star. She leads government investigations with an added expertise in employee benefits. Currently, Frazior defends companies that managed and administered self-funded health benefit plans in a Department of Labor investigation and subsequent litigation. She also defends a company in a matter alleging violations of Missouri Sunshine Laws, initiated by the state’s Attorney General.

     Polsinelli has maintained a commitment to upholding its labor and employment practice. Denise Drake, chair of the labor and employment practice, is among the firm’s leading, Missouri-based litigators. Drake is a leader through and through – leading the practice, the expansion into growing markets, and clients in their disputes. She has been consistently distinguished as a Labor & Employment Star since its inception, maintaining the status with a roster of notable class action disputes. Los Angeles litigator September Rea serves as the firm’s arbitration and dispute resolution vice chair, with Colorado-based Donald Samuels serving alongside her as chair. . Rea leads the California-based lawsuits arising from an investigation into allegations of C-suite misconduct that included abuse, harassment, retaliation and unfair competition. The case has spanned Italy, California, and Texas. Dallas’ Angelo Spinola specializes in handling labor and employment disputes on behalf of clients in the home health industry, particularly hospice and homecare companies. He recently resolved a lawsuit alleging violations of the Fair Labor Standards Act (FLSA) challenging the company’s alleged practice of not including certain nondiscretionary bonuses in the regular rate when calculating overtime pay. 

Proskauer

With seven of its 12 global offices situated strategically throughout the US, Proskauer provides a wide range of services to clients across a broad spectrum of practices ranging from commercial to intellectual property, securities to white-collar crime and investigations, as well as its near-unparalleled status in specialty areas of employment, entertainment and sports law.
     The firm has also seen a pronounced spike in its bankruptcy profile, solidly on the strength of its mammoth appointment as lead outside counsel to the Financial Oversight and Management Board for Puerto Rico, which was created to oversee the restructuring of Puerto Rico's finances, valued at $125 billion, in accordance with the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA.) The Board's mandate is to return Puerto Rico to fiscal health with access to the capital markets, and to initiate pro-growth reforms designed to generate a free flow of capital between Puerto Rico and the US. This long-running and sprawling action involves a team of Proskauer attorneys from numerous offices, including Boston’s Timothy Mungovan, New York’s Martin Bienenstock and Margaret Dale, and Los Angeles’ Michael Firestein, all of whom have played substantial roles in the manifold turns of action in this matter since its beginnings. Dale, a commercial litigator who has made a noted pivot to bankruptcy, is involved in several other Puerto Rico-related issues, primarily dealing with employee retirement issues. Mungovan, the firm’s Chair and immediate past head of litigation, has developed a vocal peer following. One extols, “I think he’s superb. He’s not just a figurehead – the guy is a seriously good lawyer, absolutely dynamite.”
      LA’s Bart Williams, not only one of the firm’s most celebrated trial lawyers but also the country’s, has been at the forefront of several milestone matters every year, with this one being no exception. “Bart is the driver of Proskauer’s litigation practice in LA,” insists a local peer. “His practice is just so spectacular, and what he says is very important.” Williams acted with LA’s Susan Gutierrez as trial counsel for Gilead Sciences, securing a landmark win in a $3.6 billion antitrust case on allegations that the pharmaceutical company struck an anticompetitive "pay-for-delay" patent settlement related to two of its HIV medications. In July 2023, a San Francisco jury delivered a full defense verdict following a six-week trial. Williams, along with swiftly rising New York star Lee Popkin, was also trial counsel for Monsanto in a jury trial that was scheduled to commence in March 2023 in San Francisco. The case was brought by an alleged former user of the Monsanto herbicide Roundup and his wife, who claimed that Roundup caused him to develop non-Hodgkin's Lymphoma. The matter settled favorably for the client on the eve of the trial. LA’s Shawn Ledingham, a future star with a burgeoning following, was also part of the team. “I think the world of him,” opines a peer, confiding, “I wish I could hire him! I think he’s going to be heard about in national cases in another five years.” Another LA-based future star, Vinay Kohli, a healthcare-focused partner, is cheered by a peer as “so underrated – more people need to be talking about him, including Benchmark!”
     Proskauer has been particularly active, and successful, in the antitrust capacity as of late. Chris Ondeck, co-head of the firm’s antitrust group and co-head of its DC office, scored big for Wayne Farms when, after nearly seven years of litigation, he secured a complete victory at summary judgment in the broiler chicken litigation, in which plaintiffs alleged that the top 21 chicken producers in the US, including the client, unlawfully agreed to work together to reduce the supply of chicken over a 10-year period as part of a two-hub conspiracy. Plaintiffs claimed damages valued at $45 billion in total. Wayne Farms is one of a small group of defendants that has not settled any part of the case, and instead proceeded to summary judgment. In June 2023, the court granted summary judgment in favor of Wayne Farms and six other defendants, with one additional defendant (who, while being represented by another firm, was not granted summary judgment) is scheduled to proceed to trial in September 2023. Ondeck also led a team that included Ledingham and two other antitrust partners, DC’s Colin Kass and LA’s Colin Cabral, to secure a landmark victory for Sanderson Farms against the same allegations. The Proskauer team defeated a damages claim totaling more than $7 billion, which, had the jury ruled against Sanderson, would have been automatically trebled.
     New York’s Brad Ruskin remains as active as ever in matters concerning the firm’s famed sports practice, with a carousel of cases on the go for various athletic leagues and associations. Ruskinis defending Major League Soccer (MLS) against a federal lawsuit brought by the North American Soccer League (NASL) against MLS and the US Soccer Federation following US Soccer’s decision not to sanction NASL as a Division II professional league for the 2018 season. NASL alleges that MLS and U.S. Soccer are engaged in an antitrust conspiracy to ensure that MLS is the sole Division I soccer league in the United States, and further alleges that MLS is an illegal monopoly. A trial has been scheduled for September 2024. Sandra Crawshaw-Sparks, who divides her time between New York and LA, helms another celebrated Proskauer pillar practice, entertainment litigation. Crawshaw-Sparks is defending Live Nation and Madonna in a class action alleging breach of contract and false advertising in connection with alleged late starts for shows in Madonna’s Celebration Tour.

 

Quinn Emanuel Urquhart & Sullivan

Quinn Emanuel Urquhart & Sullivan continues to reign supreme as the ubiquitous litigation juggernaut it set out to be upon its genesis. The firm name’s official subtitle of “Trial lawyers” makes no bones about its agenda, and the firm has fulfilled this boast with what has been observed as typical aplomb. The firm has placed as one of Benchmark’s Top 20 Trial Firms since that list’s inception, and no fewer than four of its attorneys have consistently been recognized in Benchmark’s Top 100 Trial Lawyers in America, an enviable percentage. “If you’re in the litigation game, not only do you know Quinn Emanuel but you are seeing them, and chances are good that you’re seeing them a lot. They just perennially acquire talent,” is how one peer sums up the firm’s dominant position, further confirming, “I know I certainly do. If I’m out with fellow litigators, they are sure to come up in conversation – I’m forever going, ‘Ah, I knew you were going to bring them up!’” With offices in New York, DC, Boston, Miami, Chicago, Houston, and in several venues throughout California, the firm’s geographic footprint has grown to further showcase its bench depth. The firm leaves no stone unturned when it comes to litigation services either; nearly every practice area is touched on by its expansive roster of partners, with particular pockets of strength in the areas of bankruptcy, white-collar crime, antitrust, intellectual property and commercial litigation. “Subject-matter expertise is down to each individual – but either way Quinn breeds you to fight in court, period.”

The firm has historically found itself in the national headlines for its role in milestone cases, and this year was no exception. Stephen Swedlow, a Chicago-based partner, led a team that recently obtained judgments against the US government in precedent-setting litigation from July 2020, recovering $3.7 billion for health insurance companies under the Affordable Care Act concerning the “risk corridors” created by the act. This eye-popping sum is even more remarkable considering that it was on a contingency basis. On the strength of this, Swedlow not only makes his debut as a litigation star in this edition of Benchmark, but also wins a coveted position among the Top 100 Trial Lawyers. Another consistent placer on the Top 100 Trial Lawyers list, New York’s Michael Carlinsky led long-time client AIG to a February 2022 victory (which also made the news) by getting a policyholder’s claim for $27.5 million worth of coverage tied to a settlement with the State of Texas denied. Carlinsky and his team argued that the policyholder had structured a settlement with the State of Texas for Medicaid fraud in a fashion that was intentionally designed to mask a contract case, which would allow for coverage. Yet another Top 100 Trial Lawyer, Los Angeles’ Bill Price is viewed favorably by several other candidates on this privileged list. “I think the world of him, he’s the best,” offers one peer, summing up the general consensus. Price’s recent client list includes Elon Musk, for whom Price scored in December 2019 in the defamation case brought against him by one of the rescuers of 12 children trapped in a cave in Thailand, after Musk referred to him as “pedo guy” following an online spat. Just weeks later, Price logged another win, in the plaintiff capacity, in an IP case in which he represented the California Institute of Technology in a patent dispute with Apple. Price chalked up a whopping $1.1 billion verdict for his client.

The firm’s bankruptcy practice is viewed by peers in the restructuring capacity as “one of those rare instances where they have actual bankruptcy trial lawyers, as opposed to just corporate or hybrid restructuring people.” This same peer elaborates further on the flinty approach employed by these practitioners, which include Susheel Kirpalani – a near-constant mention: “These are the bomb throwers, the people you think of when you’re going, ‘Who do I call when I need a rabid dog?’”
While the firm is certainly better known for its trial-level work, its appellate work – and particularly that of New York-based luminary Kathleen Sullivan – has also prominently featured in newsworthy matters. In December 2021, Sullivan, along with future stars Rollo Baker and William Adams, scored when they persuaded the Delaware Supreme Court to uphold a trial court decision allowing client Mirae Asset to walk away from a $5.8 billion deal to buy luxury hotels based on the seller’s breach of an “ordinary course” covenant. This decision, delivered via an en banc ruling, upheld what is reported to be only the second decision ever from the Court of Chancery allowing a buyer to back out of a merger.

 

Reichman Jorgensen Lehman & Feldberg

Intellectual property and commercial litigation boutique Reichman Jorgensen Lehman & Feldberg has made a notable impression on the legal community in fairly short order. Formed as Reichman Jorgensen in 2018 upon the departure of trial luminary Courtland Reichman from McKool Smith in order to launch this venture, the firm underwent a branding overhaul in 2021, continuing to build upon its pedigree and swiftly rising market profile. A peer marvels, “They started national! And yet they are still lean and nimble.” Another notes, “They are known for doing a lot of IP work but it’s more than just standard patent cases – it’s more diverse, with a lot of it crossing over into antitrust and even bankruptcy.” It is also a majority women-owned firm, and, most notably, it has focused on fostering a trial-forward agenda. Peers address the firm as “smart and hungry.” The firm’s unique structure – a litigation boutique that spans a national footprint, was amplified further when its network of offices (which include Silicon Valley, Washington, DC, Atlanta and New York) and its team was enhanced by yet another female partner, Texas trial lawyer Amy Ruhland, who joined the firm in August 2023 from DLA Piper and effectively launched a new Reichman Jorgensen office in Austin. More recently, the firm added another male partner, Matt Berkowitz, to its Silicon Valley office. Berkowitz, who earned his stripes at Kenyon & Kenyon and Shearman & Sterling (now A&O Shearman) and who makes his debut as a future star in this edition, is building a practice with a noted emphasis on plaintiff-side work, an opportunity not afforded to him before joining the comparatively flexible arrangement offered by Reichman Jorgensen. His recent engagements include serving as lead counsel for Valtrus in its enforcement of Hewlett Packard patents in multiple litigations in the cellular and networking space and data center-cooling technology.

     Reichman, also based in the firm’s Silicon Valley office, is revered by peers as “a trial veteran, which is unique at his relatively young age, but not that surprising, seeing as how he got his chops through his time at McKool.” A client calls him “a strong advocate and a true trial lawyer,” and goes on to quip, “I only wish there more of him.” In April 2024, Reichman and DC’s Christine Lehman secured a staggering $525 million patent infringement verdict for Kove IO against Amazon Web Services at a trial in which the jury found that the defendant, through its use of Kove’s technology for its cloud business, infringed all three patents at issue in the litigation. Almost a year to the day, the same duo scored an $84 million willful patent infringement verdict on behalf of Cirba (dba Densify) against tech giant VMware. The verdict was announced in May 2023, following a five-day jury trial. Sarah Jorgensen, who is based in the Atlanta office and has a practice focused more on commercial litigation, works with Reichman on multiple matters concerning several municipalities’ ban on natural-gas hookups. Michael Feldberg, based in New York, represents Barclays Bank in multidistrict consolidated class actions alleging that several major global banks, which were members of The London Gold Fixing Company, conspired to suppress the price of gold from 2004 to 2012. With nearly $8 billion in potential damages at stake, Barclays agreed to a settlement, which was approved in August 2022.

 

Robbins Geller Rudman & Dowd

Robbins Geller is one of the country’s most expansive and most ubiquitous plaintiff firms, with a national footprint through nine offices spanning New York (Manhattan and Melville, Long Island), Boca Raton, Philadelphia, San Francisco, San Diego, Nashville, Chicago and Washington, DC. The firm also is known (by both plaintiff and defense counsel peers) for being not only one of the most prolific filers of cases, but also one of the most willing to take these cases to significant degrees of litigation. “We see Robbins Geller all the time, constantly,” confirms a defense-side peer, “and they are formidable opponents. We fight and scream at each other, but there is nothing but respect in the end.”
     In one such example of the firm’s chutzpah, Tor Gronborg and Daniel Drosman of the firm’s San Diego scored big in the role of co-lead counsel for the National Elevator Industry Pension Fund in a landmark securities fraud class action against Twitter (now “X”) brought by the client and other investors of the social-media platform. The matter regards allegations that Twitter misled shareholders by concealing stagnant growth among its user base, artificially inflating its stock price. Drosman and Gronborg have, after five years of hard-fought litigation, successfully negotiated a whopping settlement of $809.5 million. This triumph, which earned the firm an “Impact Case” and “Plaintiff Firm of the Year” award at the Benchmark awards ceremony in March 2022, had entire securities bar talking. “I’ll be honest,” asserts one peer. “Another plaintiff firm could tagged Twitter for $100 million, maybe $200 million. Robbins Geller is the only one that could have gotten a settlement like that out of them, and that’s because they are a credible trial threat.” Speaking specifically to Gronborg’s profile, a well known securities defense counsel insists, “Tor is good, he knows his stuff. He’s not a flashy guy and doesn’t get the limelight as much, but he should because this is where the brains are.” Jason Forge, also in San Diego, led the prosecution of a securities fraud case against Alphabet on behalf of investors concerning a data breach due to a software glitch in Alphabet’s Google+ platform that gave third-party developers access to private user information, which, when publicly disclosed, caused a precipitous drop in the company’s share price and harmed investors. The case was considered a risky bet because the court dismissed the investors’ case in 2020, but Forge appealed and won, securing a $350 million settlement in April 2024. Spencer Burkholz and Darren Robbins achieved a $177.5 million settlement in March 2024 in a securities fraud case against Envision Healthcare, which is alleged to have employed a strategy of staffing emergency departments with out-of-network physicians, resulting in exorbitant charges for emergency-room visits and often saddling patients with costly and unexpected “balance bills.” Plaintiffs alleged that Envision concealed from investors the extent of their reliance on these unsustainable out-of-network revenues that were the key drivers of Envision’s profits and growth.

Sidley Austin

Sidley Austin occupies a prestigious position that has grown far beyond its Chicago roots and blossomed into a full-service international powerhouse. “They really cover the waterfront,” declares a peer, speaking to depth and breadth of the firm’s practice portfolio. “They have some great people across almost every area.” While the firm has grown to global stature, it is still considered primarily for its national footprint, particularly in its offices in LA and San Francisco, Dallas, DC and New York, as well as the aforementioned Windy City. The firm is also cheered for its approach to litigation; one peer testifies, “I’ve recently had good experiences with Sidley. They are not only good litigators but there’s also an ethic there across the board. You can tell how they lean, they’re very polite, and I value that. I view that as someone you want to work with. You know, we’re in litigation, but we don’t have to be doing battle all the time.”
     The firm’s DC office, already considered one of its strongest, made a significant augmentation in 2024, when it lured Greg Williams and Richard Smith to its ranks from Wiley Rein. “Greg and Richard were at Covington [& Burling] before – they seem to be moving in parallel! They are both great, and that’s a nice boost for [Sidley.]” Williams’ hire has been viewed as a strategic enhancement to the firm’s international arbitration and litigation practice, which has historically been regarded as one of the country’s most seasoned. The firm’s DC office is also home another Covington alumnus, Jennifer Saulino, a product liability star who makes the remarkable three-pronged debut in Benchmark as a litigation star, one of the Top 100 Trial Lawyers in America, and one of the Top 250 Women in Litigation on the strength of some considerable credentials and peer review. “Jennifer belongs in the top league,” insists another peer on the Top 100 Trial Lawyers list. “She’s versatile and great on her feet in court, where she spends a lot of time.” Saulino obtained a major victory on behalf of Roundup herbicide manufacturer Monsanto in a product-liability trial alleging that Roundup was linked to the plaintiffs’ injuries. In March 2024, the plaintiffs voluntarily dismissed their case with prejudice, unable to prove that Roundup was the cause of their alleged injuries. The judge accepted the dismissal with prejudice and discharged the jury. The DC office is also home to not only the firm’s but the country’s top appellate luminaries, Carter Phillips. “I often forget to mention him, not because he’s not still killing it, but just because I take it as such a given,” states a peer. Phillips secured a major victory when the Second Circuit affirmed a judgment against Lynn Tilton and her companies for breaching her fiduciary duties to TransCare and conducting an actual fraudulent conveyance. Phillips argued the appeal and led the briefing team. DC’s William Levi is namechecked as the next generation of appellate firepower. “Will came into a case we had involving Microsoft, and he was the lead on the legal issues team. He’s not a trial lawyer, but he’s a great appellate counselor. He can write a brief on the fly that tells the judge the facts with common sense.”
     Based in the New York office, Eamon Joyce, who makes the leap from future star to litigation star in this edition, recently successfully settled the last of a series of putative class action cases, which began in 2014, involving allegations that Kimberly-Clark Corporation’s flushable wipes are not in fact flushable. In a series of cases filed around the country, plaintiffs (consumers and municipalities) alleged the claims of “flushable” and “sewer-and-septic safe” on the packages for Cottonelle and other Kimberly-Clark brand flushable wipes were false and misleading. In the firm’s San Francisco office, Sarah Brody is routinely championed by peers in securities capacity. “I’m a big fan of Sarah,” declares one, “and she’s got a great practice. She has had a lot of cases involving startups – there are a lot of them in the Bay Area – that go public…and then they fail. Sarah has had a sweet spot with that.” In the labor and employment practice, Wendy Lazerson is praised by a client as “very experienced, smart, and knowledgeable, who diligently and thoughtfully represented our interests.” In the Los Angeles office, Debra Pole has long been acknowledged as a product liability trial lawyer. “She’s still a rockstar,” enthuses a peer. “She still commands the room.”

Simpson Thacher & Bartlett

Simpson Thacher & Bartlett boasts a long history as one of the country’s most esteemed full-service legal brands. “Where the big corporate work is, litigation often follows,” explains one peer, “and since Simpson gets the top-class corporate work, they did a fantastic job in installing top-class litigators to handle it when that occurs.” One former co-counsel addresses the firm’s partners as “strategic thinkers who are incredibly hard working and very responsive.” Clients also weigh in to support the firm’s prestigious position. One notes, “Simpson has a deep bench of outstanding litigators. They offer practical advice with excellent communication. We have experienced zero shortcomings and find them to be the best national firm we have ever worked with.” Another client voices appreciation for Simpson’s “case assessment” but expands on this by cheering “everything – these lawyers are top-flight. They are expert, responsive, and pragmatic.” High praise is also on offer from neutrals: “I have been a mediator on numerous large complex disputes for Simpson Thacher over the years,” testifies one. “It is always high-powered, partner-driven, high-end litigation, involving the biggest and most complex disputes. But they make the complex simple.”
     Simpson Thacher’s antitrust team has seen a remarkable rise in profile as of late, particularly through its DC office. Sara Razi in particular got a rare opportunity to display her trial prowess as well as her antitrust acumen when she represented Change Healthcare in the DoJ’s challenge to its $13.8 billion acquisition by UnitedHealth Group. A federal judge rejected the DoJ’s claims in September 2022. The DoJ filed a notice of appeal with the Court of Appeals for the DC Circuit in November 2022, and subsequently abandoned the appeal in March 2023. Fresh off of this win, Razi further demonstrated her acuity with health-oriented merger-clearance actions with when she provided counsel to HCA Healthcare in antitrust cases surrounding its sale of three hospitals to Louisiana Children’s Medical. The cases concern claims that the two parties to the transaction proceeded with it prior to properly reporting details to regulators. The firm doubled down on antitrust with a relatively new addition to its DC office, former FTC lawyer Karen Kazmerzak.
     Simpson Thacher’s securities team in New York has kept equally busy. Perennial favorite Lynn Neunerscored big for Toronto-Dominion Bank, resolving Stanford Ponzi scheme-related litigation with a settlement on the eve of trial. Plaintiffs alleged that banks, including TD, aided and abetted Robert Stanford’s fraud by allowing billions of dollars to be wired through their correspondent banking accounts and failing to detect Stanford’s misuse of funds and money laundering. Neuner’s practice also touches on insurance – another marquis practice for the firm – as well as commercial and a false advertising niche. “Lynn Neuner is an incredibly talented attorney,” enthuses a client, who further elaborates with a fulsome review: “She is very bright and extremely hard working. She is adept at helping clients with their most complicated issues. Lynn is a strategic thinker who looks at issues from all angles.  Moreover, she is an inspiration to other lawyers, and especially women in the legal profession. She is truly a pleasure to work with.” Jonathan Youngwoodis another securities favorite. “Jonathan makes the complex very simple,” declares a peer. “He is personable in a disarming way. He is very to-the-point and direct, very reliable. His word is gold.” A client emphasizes, “[Jonathan is] a brilliant lawyer. [He is a] great communicator with Incredible experience that allows him to evaluate a matter on the front end and accurately predict the best path for the client.” Youngwood obtained the dismissal of a proposed class action for BOC International Holdings in a suit alleging that the client and its co-defendants colluded in an unlawful scheme to market a derivative investment product, to the retail market in violation of the Commodity Exchange Act. Along with Palo Alto partner Stephen Blake, Youngwood also represents &Vest Beauty Labs and Disruptional Ltd as plaintiffs in a lawsuit alleging that Amyris breached its Share Purchase Agreement by failing to pay certain earnout payments. In addition to his robust securities practice, Youngwood maintains a steadfast dedication to pro bono matters; he has championed several civil-rights issues in this capacity.
     Simpson Thacher’s celebrated insurance practice continues apace with a series of engagements for a host of brand-name global carriers. Andrew Frankel and Bryce Friedman have seamlessly emerged as the firm’s most seasoned leaders in the practice. The pair has been retained by Chubb to provide strategic advice in connection with the Boy Scouts of America’s (BSA) Chapter 11 proceedings and claims for coverage for sexual-abuse claims, for which BSA seeks coverage. Friedman also acts as counsel to Chubb in another sexual-abuse matter, this one filed by University of Southern California asserting claims of coverage relating to allegations of sexual abuse and harassment by a former USC health center gynecologist. A newer star in the insurance practice, Josh Polster elicits praise from peers, one of whom says, “I’ve seen him argue a few times and he has a nice touch.”
     The firm’s white-collar/enforcement and investigations practice has also continued to build, with relatively recent recruit Marc Berger drawing accolades. A peer states, “Marc cycled through several government positions and brings really savvy with him. He really complements [fellow Simpson enforcement star] Nick Goldin, who is also really excellent and could actually try a case, in addition to his strategic advisory work.” A client champions Goldin as a “brilliant and creative strategist.” The trio of Berger, Goldin and Michael Osnato guided JPMorgan through a headline-grabbing investigation ending with the SEC’s first settlement with a major bank applying a decades-old regulation regarding preservation of business records to modern use of text messages. According to the SEC, employees discussed bank business over text and personal email without JPMorgan retaining the messages. Jeff Knox, a former prosecutor based in the firm’s DC office, is cheered by a client as “someone who has really adapted very quickly to the defense side and is very creative and thoughtful.”

 

Skadden Arps Slate Meagher & Flom

With 21 offices throughout the US, Europe and Asia, Skadden has long been a totem of excellence in the global legal community as a full-service one-stop shop. While its capabilities span a wide spectrum, litigation is a key pillar. “Skadden has so much deal flow,” observes a peer, “that an equally strong litigation bench is essential. [Skadden] certainly has that to spare.” Virtually all of the firm’s domestic offices house an ample grouping of litigation stars, with peers noting that Skadden has strategically doubled down on the Los Angeles market as of late. “LA is a dynamic market right now, and it is increasingly the tip of Skadden’s litigation spear.”
     The observation of the firm’s bench strength in LA can arguably be best exemplified by the recent hire of Manuel Cachán, who boasts a proven trial lawyer pedigree. “He was a ‘must-get’,” quips a peer. “Skadden really scored there. He’s going to be trying the biggest and most important cases.” While Cachán, who earned his stripes at revered LA boutique Munger Tolles as well as a stint at Proskauer, is a multifaceted business litigator, he has most recently minted himself a pole position in the product liability area. “People like Manuel and [New York-based trial star] Allison Brown, they go across the country and just try cases all the time,” testifies one peer and opponent. “They have some subject-matter expertise, which is a lot of product liability, but they can try anything. I just tried a case against Manuel, and he beat me!” The duo of Cachán and Brown led a multi-firm trial team to secure a landmark complete defense verdict on behalf of Monsanto concerning claims that its Roundup weed-killer product caused lymphoma. Brown also led a trial team that secured a unanimous defense verdict in March 2024 on behalf of Johnson & Johnson and Ethicon in a case alleging personal injuries resulting from two pelvic mesh medical devices and seeking millions of dollars in damages.
     Skadden is also known for its blue-ribbon securities practice, mainly operating from New York. Jay Kasner has long been a leading figure in this area and continues to be. A peer marvels, “Jay is still humming along strong! He still shows up and delivers the goods like someone half his age. I don’t know how he does it.” Perhaps more remarkably, Kasner has demonstrated his prowess with newer and more novel industries like cryptocurrency. He recently represented Coinbase, who was sued in March 2022 by plaintiffs who alleged that the client operates as an unregistered securities exchange because 79 digital assets traded on the platform are actually securities. The plaintiffs sought to rescind their transactions and to recover monetary damages, as well to force Coinbase to register as a national securities exchange or broker-dealer. In February 2023, the claims were dismissed in their entirety, with prejudice. While Kasner remains the firm’s most seasoned securities partner, others are quickly becoming the names of the next generation. Scott Musoff has become particularly prominent in terms of visibility and activity. “Scott Musoff is awesome,” extols a peer. “[He’s the] nicest guy in the world, easy to work with, and still relatively young.” The duo of Kasner and Musoff were enlisted to replace existing counsel representing theme park entity Six Flags and certain directors and offices, who were faced with a class action alleging the company and the defendant officers issued false and misleading statements concerning the progress and accounting for certain Six Flags-branded theme parks to be built in China. The Skadden pair triumphed for the client in June 2023. This same pair, along with LA partner Peter Morrison, is also representing Hawaiian Electric Industries and certain of its current and former officers in a putative securities class action filed in California, also concerning allegations of false and misleading statements. A peer insists, “Peter Morrison has really come into his own and is increasingly taking the lead.” Morrison, along with LA future star Winston Hsiao, successfully defended venture capital firm Tulco, along with its founder, in a federal securities class action. A New York team of Susan Saltzstein and Patrick Rideout scored on behalf of Johnson & Johnson in a case concerning a shareholder’s proposal that J&J's shareholders adopt a bylaw requiring individual arbitration of securities class actions against the company and its officers or directors. A peer explains on Saltzstein’s behalf, “I’m seeing a lot of new 10b-5s securities class actions that are alleging companies failed to disclose #MeToo issues at the management or executive level, issues with individuals that would clearly have a material impact on the company’s value. When these things go public and people demand scalps to be claimed, and those scalps are of the guys who publicly run the company…there are allegations of failure to have policies in place, proper compliance, etc. I know Susan Saltzstein had a bunch of these cases in the defense role. She is perfect for them.” Rideout has developed his own fan base as well. “If I had a bet-the-company case of any kind that had a likelihood of going to trial, that’s who I’d call,” insists a peer. “He is a problem solver and a no-nonsense litigator but has a sense of humanity to him that I find gets lost in a lot of those large, complex cases of the type that he gets involved in.”
     Skadden has seen an increased level of activity in other areas as well. New York’s Timothy Nelson and Julie Bedard, who works out of the firm’s New York and São Paulo offices, are noted standouts. Both are experienced and active with tribunal matters such as ICC and ICSID. The firm also scored a key recruit in the antitrust arena, James Fredericks, who joined the DC office after decades acting as a prosecutor with the DoJ. A peer in this capacity advises, “Look into him! He’s only been with the firm about four weeks so far [as of spring 2024] but this is a major feather in Skadden’s cap.”

Susman Godfrey

Historically known as an “old-line Houston firm” (and still a dominant force in that metropolis), within fairly short order Susman Godfrey has reinvented itself as a litigation juggernaut with national ambitions, which it has fulfilled through its offices in New York, Seattle, and Los Angeles. These offices, while newer, have quickly become key players in their respective markets due to each being populated by high-level trial talent juggling a hybrid of plaintiff and defense commercial, antitrust, securities and intellectual property litigation with exceptionally high stakes.

Susman is universally revered for its dedication to a prized culture – developed and fostered by founding partner and (since-deceased) trial lawyer extraordinaire Stephen Susman – that grooms the “elite corps” of litigation. Peers acknowledge the firm’s strategic expansion with typical admiration. “Susman Godfrey is a like a litigation boutique that has gone haywire - in a good way! They didn’t just grow for the sake of adding headcount. They put fabulous people in all stations.” Eschewing market trends, the firm marches to the beat of its own drum. One peer marvels: “Susman Godfrey is so innovative! They really bring the best of breed in terms of skills, and it’s top-to-bottom. It’s not just a bunch of old guys. Their younger people are every bit as impressive.” Another confirms, “It’s always fun litigating against Susman Godfrey. Then it’s real, then it’s more traditional court work, more hand-to-hand combat, as opposed to the paper pushing and procedural distractions you get from other firms.” Clients are equally effusive in their praise for the firm. One testifies: “They prepared for trial from day one and [they] dedicate a team of exceptionally talented and highly intelligent attorneys to each matter. They achieved greater success [in our case] than anyone could have predicted at the outset.” Another cheers the firm’s “strong understanding of relevant cases that supported our case to be able to leverage research; strong customer service; great depo[sition] prep so I always felt comfortable going in front of a judge or in my depositions, and great relations within the courthouse.”

No stranger to high-profile, newsworthy cases that regularly log headlines in the legal publications, Susman Godfrey landed front-and-center in the middle of a case few could ignore even outside the legal community: the representation of Dominion Voting Systems as trial counsel against Fox News in a defamation lawsuit, initially valued at $1.6 billion, alleging that Fox and the other defendants gave life to a manufactured storyline about election fraud to boost ratings and propagate the lie that the 2020 Presidential Election was rigged, among a series of other false statements about Dominion. The Susman team, composed of New York’s Stephen Shackelford, Houston’s Justin Nelson, and Los Angeles’s Davida Brook, landed a milestone victory in April 2023, securing a $787 million settlement on Dominion’s behalf. This win proved a watershed moment for defamation cases of this variety, sending shockwaves throughout the legal, political and news and entertainment landscapes. The case follows similar matters filed against other figures alleged to have played a role in these fraudulent election claims, such as Rudy Giuliani, Sidney Powell, Mike Lindell (MyPillow CEO), and others.

The firm’s groundbreaking courtroom action for the year certainly doesn’t end with Dominion. New York trial evergreen Bill Carmody is co-lead counsel representing a class that filed a massive action against Google for misrepresenting its privacy settings when users employ “incognito mode.” This lawsuit, valued at more than $5 billion, cleared a major hurdle in 2021 when a judge denied Google’s motion to dismiss. The case is ongoing, with a jury trial set to begin in November 2023. Houston’s Vineet Bhatiasecured a favorable award for the client, Flutter Entertainment, in November 2022 when an arbitrator nearly doubled the exercise price of Fox Corporation’s option to acquire 18.6% of Flutter’s portfolio company, FanDuel Group. This high-stakes arbitration resulted from Fox’s assertion that it should be entitled to the same purchase price as Flutter paid for its share of FanDuel in December 2020, which would have come out to $2.1 billion, with an implied company valuation of $11.2 billion. The arbitration took place over several weeks in the summer of 2022, with the arbitrator finding that Fox’s payment must be based on a substantially higher FanDuel valuation of $20 billion as of December 2020, plus an additional 5% interest per year. At the time of the decision, this equated to a valuation for FanDuel of $22 billion and an option exercise price of $4.1 billion for Fox – nearly twice the amount that Fox argued it should be required to pay. New York’s Jacob Buchdahl is lauded by one client as “exceptionally smart and innovative, great on his feet in court. [He] Exudes confidence, is trustworthy, [and is] a great team leader.” Buchdahl represented an initial seed investor in a case that has been described as one of “stock theft” involving the unicorn South American start-up Rappi. The client was allegedly all but denied his ownership of more than 600,000 shares, valued at tens of millions of dollars, and was prevented from participating in a lucrative 2019 tender offer. Buchdahl filed suit in Delaware Chancery Court, seeking a declaratory judgment that the client was the true owner of shares of Rappi in dispute. After obtaining a denial of the defendants’ motions to dismiss, Buchdahl then overcame a motion for summary judgment and prepared to go to trial in September 2022. The case settled on the weekend before trial was scheduled to commence, with the client receiving the bulk of his shares.

Based in the firm’s Los Angeles office, Kalpana Srinivasan is hailed as someone who has “done a tremendous job building out that office, particularly in IP and plaintiff work.” Srinivasan represents Caltech – the California Institute of Technology – in pursuing its seminal wi-fi patents for infringement against Samsung’s mobile and other devices. The case is scheduled to be tried in September 2023 in the Eastern District of Texas. “I’ve seen Kalpana quite a bit,” confirms a peer. “She is very good on her feet.”

Waymaker

Waymaker is a Los Angeles-based trial and appellate boutique formed in 2006 by Ryan BakerJaime Marquart. Operating until recently as Baker Marquart, the firm underwent a branding transition to reflect the more egalitarian position of personnel within the firm and to illustrate a more forward-thinking and innovative approach overall. Beyond its branding, the firm has also carved itself out a unique position in the local litigation community through its cases, which encompass practices such as antitrust and intellectual property, with novel niche focuses in areas like fintech and cryptocurrency. The firm’s experience in this area was recently put on display by Brian Klein, who is defending Block.one in two related class actions in which plaintiffs contend that the company violated state and federal securities laws in connection with its $4 billion token sale. Klein also led this client through its settlement with the SEC in connection with the same token sale. That matter settled in September 2019, with Block.one paying a $24 million fine. Klein is also representing Payward Ventures, which does business as cryptocurrency exchange Kraken, and its founder and CEO in a crypto antitrust case. Kraken and the CEO were accused of colluding with others to prevent the widespread adoption of a cryptocurrency known as BSV in this case in the Southern District of Florida. The court dismissed the matter. Baker represents Dr. Carsten Breitfeldthe inventor and primary architect of BMW’s i-8 hybrid sports car, in an action against Chinese electric car manufacturer BYTON, who hired the client to develop its own electric car. After Dr. Breitfeld left BYTON, the company sued him in the California Central District federal court, alleging theft of trade secret, breach of fiduciary duty and related claims. Dr. Breitfeld counterclaimed for breach of contract and other employment claims,for which Baker also provides counsel. The court dismissed BYTON’s claims. 

Weil Gotshal & Manges

Weil Gotshal & Manges enjoys a reputation as a firm whose litigation bench is one of the most comprehensive in terms of practice depth. “They have all the bases covered,” confirms a peer. “A nice wide spectrum. And they have the depth and breadth in their personnel to cover it.” The firm’s national reach is spread among offices on the East Coast in New York and DC, throughout several locations in California, two locations in Texas, one in Boston and a location in Miami. Its practice area portfolio also covers a lot of ground, with product liability, bankruptcy, antitrust, commercial, intellectual property, securities and white-collar crime all playing prominent positions in the overall composition of the firm’s litigation service offerings.
     The firm made a notable augmentation to these services within the past couple of years with

with the recruits of DC-based Mark Perry and Drew Tulumello, both of whom joined Weil from Gibson Dunn and both of whom provide strategic enhancements to Weil’s appellate capacity. “Weil has really made a significant investment here,” declares a peer in reference to the firm’s development of the appeals practice. “They are now officially a player in that specialty – they went from 0 to 100.” This practice is not limited to more established seniors; Robert Niles-Weed, a young New York-based star [featured in Benchmark’s 40 and Under list and also profiled in a special feature in this edition] whose practice also encompasses other strata of commercial litigation and antitrust, has also carved out a name for himself in the appellate space. Niles-Weed acted with Perry as co-counsel for Comcast, who was sued for allegedly infringing a patent concerning an interactive program guide that integrated both linear cable channels and other content sources. Niles-Weed also worked with Tulumello serving as appellate counsel to BNSF Railway in what is purported to be the first case ever to go to trial under Illinois’ Biometric Information Privacy Act. Following trial, where BNSF was represented by trial counsel from a different law firm, the jury returned a $228 million verdict in favor of the plaintiffs. The Weil duo represented BNSF in its efforts to obtain a new trial or reduction of the verdict. In September 2023, the parties entered into a settlement. Perry also acts with two other younger stars, New York’s Luna Barrington and Silicon Valley’s Bambo Obaro, representing national grocery retailer Kroger in connection with its pending $20+ billion merger with Albertsons and concurrent divestiture of hundreds of stores. Federal and state regulators have filed three separate suits in Federal Court in Oregon, and State court in Washington and Colorado seeking to enjoin the merger, and Weil is working with co-counsel to defend against these suits.
          The firm has had an equally impressive run in the intellectual property capacity, with New York’s Elizabeth Weiswasser garnering a pronounced level of praise on the strength of her increased visibility and demonstrated acuity in the patent arena. “Liz is a great IP lawyer but she’s actually a phenomenal trial lawyer,” elaborates one patent-oriented peer. “It’s easy to get bogged down in details in these types of cases but Liz cuts through all that and just shines in the courtroom.” Weil’s IP bench is equally revered on the West Coast, where Silicon Valley-based Ed Reines generates “a lot of respect on the life sciences side,” according to peers. One contemporary declares, “The practice that Ed has built in the Bay Area for life sciences is really just remarkable, and he’s trying cases as well. [He is] very impressive.”
     Securities has been another calling card for Weil, and specifically for New York’s Jonathan Polkes, whose practice balances civil and criminal work and who stands out to peers in the bar as “one of the rare breed of securities lawyers who is ready to try cases anytime if need be.” Polkes led a team, which included Caroline Zalka and Theodore Tsekerides, that triumphed for Warner Brothers and Discovery in February 2024 in a securities case that was brought following a stock drop after the $43 billion merger of the two entities. Polkes and Zalka also have been leading the defense of numerous securities class actions filed against longtime client Walgreens in courts around the country. These cases arise out of the company’s failed 2017 merger with Rite Aid, and feature allegations that Walgreens misled investors about the likelihood the Federal Trade Commission would approve the deal. Another New York securities star (and head of the firm’s national practice) John Neuwirth successfully defended another longtime client, AMC Entertainment, in fast-tracked stockholder litigation in Delaware Chancery Court arising from its planned overhaul of its capital structure. Plaintiffs alleged that AMC’s senior management and board of directors breached their fiduciary duties by diluting common stockholders’ voting power through the creation of a new preferred class of securities and a subsequent planned reverse stock split.
     New York’s David Lender, an all-purpose commercial trial lawyer, remains a peer favorite. One enthuses, “I keep saying he’s the lawyer I want to be when I grow up, but he’s younger than me! He’s just in another league.” Lender led a cross-section commercial/antitrust team that included Greg Silbert and Eric Hochstadt in the successful representation of the Tri-City ValleyCats and the Norwich Sea Unicorns in two separate but related disputes against Major League Baseball (MLB), in one alleging that MLB’s Restructuring and contraction of minor-league baseball violates the US antitrust laws.

 

Willenken

Los Angeles boutique Willenken prides itself on being 100% minority owned as well as its nimble structure that affords it the opportunity to flex its trial capabilities on a frequent basis. While the firm’s primary client base is largely composed of entities domiciled in the same South California environs, the small team is logging big accomplishments of late, with its name and reputation extending well beyond the Golden State borders. A peer quips, “You go to other, bigger, firms, and you say, ‘OK, I’ve got a case that’s going to trial – who’s going to do it?’ and the answer is ‘Uhhh, I don’t know!’ Are you kidding me? That’s not the case with Willenken. Obviously not all of their cases go trial, but they are ready!” It is also noted that the firm is getting more involved in entertainment litigation of late. Willenken makes the leap to “Highly Recommended” in this edition, an impressive jump for the compact shop.
     The most emblematic example of the firm’s increased reach is its victory, as co-counsel, for a Chicago-based entity in Delaware Chancery Court: a Willenken team led by prolific trial lawyer Paul Loh and also composed of Jason Wilson, Amelia Sargent, and Kenneth Trujillo-Jamison scored big for AbbVie in a long-running and hard-fought commercial case concerning the drug Lupron. This drug was manufactured by Takeda, whose factory got shut down due to regulatory issues, causing a major shortage of Lupron. AbbVie sued for all the lost business, triumphing in March 2024 with a $500 million verdict. The firm’s Delaware co-counsel in the matter testifies on the team’s behalf: “They did a great job, those people are very smart, so it was really cool to work with them and get such a good result. The lead lawyer was Paul Loh – he is great.” The same team members, plus Eileen Ahern, serve as trial counsel for toy company MGA Entertainment in an upcoming re-trial of a trademark dispute versus rapper and producer T. I. Harris et al. The re-trial centers around the question whether MGA’s L.O.L. Surprise! OMG Dolls infringed on the former pop group OMG Girlz intellectual property rights.

Willkie Farr & Gallagher

A global business firm, Willkie Farr & Gallagher has been steadily increasing its litigation profile in both market share and a literal headcount/geographic footprint sense. “A few years ago, I would have said Willkie was a great business firm with a small but good litigation bench,” offers a peer. “Not anymore! They have really doubled down on litigation of late, and it seems to really be working. They are now in several key markets and building several practice areas to rival others.”  While its core strength in the US has historically been New York (and remains so), the firm has branched out and developed other domestic locations as well; it opened a Chicago office in 2020, officially planting its flag on the Midwest legal landscape, continued developing its DC resources, and has doubled down on its expansion in California, where it now has three offices (Palo Alto, San Francisco and Los Angeles.) “The biggest disrupter in the LA market recently has been Willkie Farr,” quips a peer in observation of the firm’s build-out of that office. “I feel like anything that’s not nailed down, they’re trying to take!”
     Willkie’s bet on California has paid dividends; the firm has attracted star partners in each office. In Los Angeles, that office’s managing partner Alex Weingarten is a peer favorite. “Alex is the real deal. He represented Jamie Spears [father and former conservator of Britney], and I thought he did a very good job with that,” opines one peer. “Alex was at Venable before moving to Willkie,” states another peer, who goes on to confide, “I was trying to get him to come here! He’s a terrific litigator who has some high-profile entertainment clients. [He’s] Unbelievable!” Weingarten represents The Chosen, Inc. producers of the popular television series, The Chosen. The client is engaged in an arbitration against a licensor of the series Angel Studios.  Angel Studios has dramatically exceeded the scope of its licensed use of the series and is using its affiliation with the client to improperly promote its unrelated content.  An arbitration hearing was commenced in March 2024. Acting with Weingarten on this matter is Kori Bell, a white-collar-focused partner with an avid peer following of her own that the firm lured from LA boutique Larson in 2023. Weingarten also represents Fitness Technologies, a software company servicing enterprise fitness boutiques, in its lawsuit against a concerning claims, among other things, the rival has engaged in an scheme to exclude competitors from the industry, including the use of exclusive contracts and non-competes. In San Francisco, Simona Agnolucci, identified by peers as “a real player,” acted with Benedict Hur in leading Google to a March 2024 defense against allegations of violating New York and Minnesota privacy laws by improperly retaining consumer streaming video rental data, such as rental history and personal identification, beyond the legal limits. Agnolucci also acts with Jonathan Patchen in representing Ever.Ag., a  provider of technology, services, and intelligence platforms to the US dairy industry, in a hotly contested trade secret dispute against a Canadian startup competitor that has asserted antitrust counterclaims against the client, alleging that Ever.Ag has illegally monopolized the market for data services for milk producers and processors in the US through anticompetitive contracts and acquisitions of competitors. A peer also insists, “Let’s talk about [San Francisco-based IP-focused future star] Barrington Dyer – he’s great!”
     In the New York office, the firm continues to enjoy esteemed positions in the insurance and securities spaces. In the former practice, Christopher St. Jeanos represents AIG, which has a major role in current and expected future coverage disputes arising from the opioid lawsuits. There are now 15 active litigations against 13 different policyholders. “He’s a stand-up lawyer,” insists a peer, “and I think he’s only in his mid-40s! My litmus test when it comes to dealing with counsel is ‘Are you just a paper tiger?’ And Chris is not – he’s the real deal.” Securities partner Tariq Mundiya is representing Zayo founder, CEO, and Chairman Dan Caruso in an action arising out of a $14.3 billion buyout of Zayo by a consortium of equity co-investors. Plaintiffs claimed that Caruso breached his fiduciary duties by steering the sales process towards an acquirer so he could capture upside through a roll-over of his stock and remain as CEO post-merger. They further alleged that the company’s board was aware of the CEO’s actions and did not properly oversee his actions to maximize stockholder value and that Caruso was liable for making misleading disclosures and omissions in a proxy statement recommending that stockholders approve the merger. Another securities partner, Todd Cosenza represents several current and former Board Members of Wells Fargo & Company in a civil RICO action. The plaintiff is a business owner who contends that he was injured when about $1.3 million of three of his companies’ funds were deposited into unauthorized deposit accounts and then withdrawn without authorization.
  Craig Martin, Chairman, Midwest, joined Willkie in 2020 from Jenner & Block and has continued to build out the firm’s Windy City office. Martin’s practice encompasses a wide spectrum of commercial litigation, white-collar work, intellectual property, and pro bono human rights issues.

WilmerHale

   

With a network of international and domestic offices, WilmerHale has built a reputation as a global powerhouse. Nationally, the firm’s original mainstay in Boston continues to secure near-unanimous recognition in litigation, and the New York, DC and California offices have further bolstered the firm’s top-tier standing. It is lauded for its litigation capabilities nationwide, particularly antitrust, white-collar, securities and appellate, as well as intellectual property, one of the firm’s most notable practices. The firm has also increasingly developed a name for itself in the international arbitration space as well. “Wilmer is one of the foundational groups in the business,” insists a peer. “A lot of this is through its London office but it is also really gathering strength in the US as well. Keep an eye on this.” Further amplifying the firm’s service offerings, WilmerHale litigators continue to demonstrate a keen prowess with trials, with several key courtroom wins on display from practitioners in several offices and across varied practice areas.
     In the firm’s famed IP practice, Boston-based but nationally recognized Bill Lee needs no introduction; he continues to be universally regarded as a celebrity of the patent litigation community. “I tried two Qualcomm cases against him,” testifies a former opponent. “Bill is quite senior but still very active and still very good.” While Lee made headlines as counsel for Apple in the “smartphone wars” litigation, the baton for that client has effectively been passed to another Boston-based patent trial star, Joseph Mueller, tipped by many peers to be Lee’s successor. Mueller triumphed for Apple in a billion-dollar dispute with an entity that was alleged that Apple wrongly acquired its trade secrets from a for pulse oximetry technology incorporated into the Apple Watch. The court decided for the client in a May 2023 decision, although a retrial is scheduled for November 2024. “Joe Mueller has the trial skills and IP know-how to get Bill Lee’s blessing for sure,” asserts a peer. In another high-profile patent win, DC’s Greg Lantier won a sweeping victory for Dropbox in the company’s first-ever trial in May 2023, when a federal jury found all patents not infringed and invalid in a complex patent-infringement case. 
     The firm’s unassailable IP roster is bookended on the West Coast by Sonal Mehta, one of the youngest and most championed stars of the Bay Area/Silicon Valley patent community. Mehta, who earned her stripes at celebrated (but now defunct) San Francisco litigation boutique Durie Tangri, has been lead counsel on several groundbreaking patent actions in the past several years and as of late has become a go-to for social-media juggernaut Meta – corporate parent of household names Facebook and Instagram – in several cases involving issues of antitrust, privacy and breach-of-contract, sometimes involving an intersection of any of these three. “Sonal’s practice is tailor made for the Bay Area trendy tech titans,” quips a peer. Mehta added another social media household name to her arsenal of clients with her defense of X (formerly Twitter) in a patent-infringement suit, valued at $600 million and brought by an entity that purchased patents related to online sharing of user-created videos, from a company that had originally filed a case. The initial claims allege that, following talks with X executives about partnering, X instead developed its own products that infringed.

     Beyond IP litigation, Wilmer boasts trial firepower in the securities and commercial space as well, with New York’s Hallie Levin being a frequent mention as a standout in these capacities. Levin is a fellow of the American College of Trial Lawyers and put her courtroom acuity on display when she led a team (which included Peter Neiman) that secured a victory for T-Mobile following a five-day bench trial in Delaware Chancery Court in August 2021. The Vice Chancellor granted T-Mobile’s request to enjoin Cox Communications from partnering with any mobile network operator other than T-Mobile to provide wholesale wireless services to Cox.

Labor and employment
Berman North

Founded in 2019 as a boutique dedicated to commercial and employment litigation, Berman North has risen as a formidable opponent against nationally recognized litigators and firms in California courts. The firm is home to Stacy North and Scott Berman, both of whom bring extensive experience and expertise in employment law and litigation. North handles unique cases on both sides of the “v”, mostly representing individuals against former or current employers.  North also defends clients against employers in employee mobility and restrictive covenant cases. Over the last year, she has obtained favorable rulings and settlements for clients. In one recent matter, she successfully defeated a motion to compel arbitration on behalf of her client. Scott Berman’s practice is a fusion of employment and business litigation. Like North, he also represents clients in either a plaintiff or defendant capacity, and additionally, represents companies in his business litigation practice, giving a well-rounded perspective to clients seeking employment counsel. Berman’s recent casework in the employment space has largely focused on retaliation and wrongful termination cases, as well as wage and hour related disputes under state and federal laws.  

Hunton Andrews Kurth

The nationally recognized labor and employment practice at Hunton Andrews Kurth is accomplished in both employment litigation and traditional labor disputes. The firm’s reach extends across the US with offices in active markets like California, Texas, Georgia, and DC. This year, Virginia-based partner Kurt Larkin is distinguished for his exceptional work in traditional labor, handling collective bargaining negotiations, union organizing, and high-stakes NLRB disputes. Larkin has worked alongside the employment team in matters that involve labor issues, recently pairing up with employment litigator Emily Burkhardt Vicente in several matters. As a member of the Los Angeles office, Burkhardt Vicente has dedicated a significant portion of her practice to litigating FLSA class and collective actions and PAGA claims. Her employment litigation practice also spans other areas, as she and the co-head of the unfair competition and information protection task force Roland Juarez have handled trade secrets cases in the Southern District of California. Juarez is among the firm’s experts in employee mobility litigation. The LA office also houses Michele Beilke and Julia Trankiem who bring a wealth of experience in handling California employment litigation. The duo previously represented a client in a JAMS arbitration. Beilke in particular is well-versed in handling arbitrations, as well as jury trials. San Francisco-based partner M. Brett Burns is consistently tapped by national companies to handle their complex employment class and collective actions across the US. While Burns is especially known for his wage and hour expertise, he has recently been a lead partner in a class action and investigation that involves one of the EEOC’s high priority issues.

     On the other coast, the DC office features a host of lawyers recognized for their successful labor and employment litigation practice. Susan Wiltsie is among the group’s OSHA experts with vast experience in handling defense against citations, litigation, and whistleblower-related claims. Ryan Bates has recently been active in trade secrets litigation, as well as class and collective actions ranging from wage and hour to independent contractor claims. Kevin White is the co-chair of the firm’s labor and employment practice. He splits his time between handling both employment litigation and labor disputes. White’s labor practice has had him engaged in matters alongside the firm’s traditional labor experts. Robert Quackenboss has developed a niche and successful practice defending clients in class actions alleging that background checks violate the Fair Credit Reporting Act (FCRA). In the Northeast, Boston-based Christopher Pardo represents clients in the region with multiple recent cases in New York district courts. He litigates a vast array of employment matters, recently including trade secrets and restrictive covenants, pay frequency violation allegations, and Title VII discrimination claims.

     In addition to Larkin, Ryan Glasgow operates out of the Virginia office. His breadth of experience is broad and diverse; however, he has developed a specialty in defending employers against wage and hour class actions. Farther South, the firm’s Georgia office is Robert Dumbacher, another of the firm’s partners who seamlessly splits his time between labor relations and employment litigation. Kurt Powell is also a partner within the Virginia office. His practice focuses on employment litigation with a recent matter being a collective action under the Fair Labor Standards Act in the Northern District of Georgia. Juan Enjamio of the Miami office serves a host of industry-leading national clients. His recent cases have included class and collective actions under the Fair Credit Reporting Act and defending clients in the rare intersect of immigration and employment litigation – allegations of discrimination brought by Deferred Action for Childhood Arrival (DACA) recipients.

     The firm’s practice spans two offices in Texas. In Houston, Scott Nelson received praise from a peer who attests to the partner’s reputation in mentioning that they “think highly of him.” Nelson has defended a client in recently filed independent contractor case throughout Texas’ district courts.The Dallas office features Amber Rogers, a traditional labor lawyer representing management in multifarious labor disputes. She is experienced in collective bargaining, elections and representing clients in unfair labor practice charges before the National Labor Relations Board. Alan Marcuis is the co-head of the unfair competition and information task force alongside his counterpart Juarez in California. His practice is a mix of traditional labor disputes and employment litigation.

Sanford Heisler Sharp McKnight

Sanford Heisler Sharp continues to be a formidable opponent to management-side labor and employment litigators, even garnering their praises for the sophisticated and oftentimes complex cases. “I look at what they’re doing – I think that they bring a lot of really interesting cases – sets a tone for what the new issues are going to be,” declares an opposing peer. The firm has achieved widespread, national recognition in a variety of labor and employment regards, distinguishing itself across markets. As a plaintiff-side law firm, Sanford Heisler has organized a diverse and strategic network of offices, including New York, Maryland, DC, California, and Tennessee.

     While employment litigation is the firm’s primary focus, Sanford Heisler is also dedicated to representing victims of crime and civil rights offenses. Renowned trial lawyer recognized as a Top 50 Labor & Employment Litigator and chairman of the firm, David Sanford has been the lead lawyer representing the brother of murder victim, Hae Min Lee in his appeal of the Baltimore City circuit court’s decision to vacate the conviction of the alleged murderer. The case has received significant attention as the subject of both a 2014 podcast and an HBO documentary. Sanford and the team – comprised of Andrew Melzer, Kevin Sharp, and Jeremy Heisler, among others – challenged the hearing, contending that it violated Maryland’s statutory and constitutional crime victims’ rights, which would have afforded the family adequate notice and opportunity to participate in the proceedings. Sanford’s motion for full appeal was granted and the Appellate Court granted the team’s motion to remand the case to the circuit court, following a successful oral argument.

     Melzer and Heisler both practice out of the New York office. Melzer additionally represents plaintiffs alleging unlawful deductions from drivers’ tips, failure to provide adequate meal periods, and failure to pay for work performed during said periods. The lawsuit further alleges that the drivers were misclassified as independent contractors. Heisler worked alongside DC litigator Kate Mueting representing Donna Kassman as class representative in a lawsuit filed against KPMG. Mueting, serving as lead lawyer on the case, filed the action to remedy the company’s systemic discrimination related to pay, promotions, and pregnancy, and hold the company accountable for alleged failure to properly investigate and resolve complaints. Mueting and Heisler secured a $10 million settlement on the Equal Pay Act claims. Tennessee’s former Chief Judge Sharp and DC-based chairman of the firm, Sanford, are representing a class of former African American Deput US Marshals and Detention Enforcement Officers in their lawsuit against the US Marshals Service, asserting alleged race discrimination claims against the Service, including candidates who were not hired. The EEOC administrative judge approved and certified the class, and the team has been engaged in discovery since the 2017 order.

     In New York, Russell Kornblith leads a Title IX class action against Harvard on behalf of female students in the Anthropology Department. The case alleges claims of sexual harassment and retaliation. The duo prevailed against Harvard’s motion for summary judgment and motion to dismiss earlier this year. His casework `over the last year also includes an ERISA action filed individually and as a representative of a class of employees working at the consulting firm West Monroe Partners. Kornblith’s clients allege that the company and its executives used layoffs and other avenues to cash out shares of former employees in their ESOP. The case is active in litigation after he prevailed against the opposing counsel’s motion to dismiss. Alexandra Harwin has also taken action against 401(k) mismanagement, filing breach of fiduciary duty claims under ERISA on behalf of 200,000 UnitedHealth Group employees and plan participants. Harwin obtained class certification and a settlement conference is set to occur this year. On the employment side of her practice, she is lead counsel representing Graham Chase Robinson in a case against Robert De Niro and Canal Productions, his corporate entity. The lawsuit alleges claims of hostile work environment and retaliation. Harwin is actively gearing up for trial.

     New York’s Michael Palmer is leading the case on behalf Siddarth Breja, former Senior Vice President of JUUL, alleging whistleblower retaliation against the company after he complained about unlawful practices. Co-chair of the firm’s whistleblower and qui tam practice group H. Vincent McKnight provides strategic specialty knowledge and assistance on the case.

     Hailing from the San Francisco office, Danielle Fuschetti serves as the firm’s co-chair of the discrimination and harassment practice group. In that area, she is the lead lawyer representing an individual plaintiff against Xilinix, a pioneer in adaptive computing and leader in the semiconductor industry. The lawsuit alleges sex-based pay disparities, hostile work environment, and sex discrimination claims, in addition to alleged intellectual property theft of marketing materials. Fuschetti is actively litigating the case and seeks declaratory and injunctive relief, unjust enrichment damages in connection to the IP and trade secrets theft, which is estimated to be roughly $350 million, in addition to other damages and affirmative relief. In addition to discrimination claims, Fuschetti is also involved in 401(k) mismanagement litigation. She is a member of the team as class counsel and represents individual plaintiffs in an action against Walgreens. The plaintiffs, who are participants in Walgreen’s $10 billion 401(k) plan, alleged that the company failed to remove a set of ten target retirement date funds that underperformed in their investment benchmarks. Fuschetti obtained a settlement of $13.75 million. Currently, other cases on her docket are against large nationwide companies including JUUL and Oracle, both of which are actively being litigated. Fellow San Francisco litigator Felicia Gilbert successfully resolved a gender discrimination and retaliation lawsuit filed on behalf of a former engineer against tech giant Honeywell represented by a nationally recognized labor and employment-focused law firm. Baltimore’s Deborah Marcuse is recognized by Benchmark Litigation as a Top 50 Labor & Employment Litigator for her recent work.

The deRubertis Law Firm

The deRubertis Law Firm was founded by David deRubertis as a boutique litigation firm representing plaintiffs in employment litigation, among other areas of practice. As an employment litigator, he brings cases on behalf of clients in both single plaintiff and class action mattersdeRubertis has represented plaintiffs in high-profile cases against household name companies, including a recent equal pay case that has garnered significant media and public attention. Over the last year, he has handled several arbitrations, obtaining awards of over one million dollars.