District of Columbia

Review

Dispute resolution
A&O Shearman

A fully integrated international conglomerate, Shearman & Sterling has been at the forefront of some headline-making litigation on a global basis and is routinely recognized as a leading legal entity by disputes lawyers from such locales as Europe and Southeast Asia. With most of its 20 offices being based in Europe, Asia, and the Middle East, some would even argue that the firm is too globally integrated to even be relegated to assessment on just a one-country level. Nonetheless, within the States the firm is called upon most often for its experience and acumen with matters of the securities and white-collar and FCPA enforcement variety and is quickly developing a leading profile in the antitrust space as well. 
     New York’s Adam Hakki remains a perennial peer favorite, with glowing reviews offered on a unanimous basis. Hakki’s practice is largely focused on, but not limited to, the securities, antitrust and governance fields, with experience in both the criminal and civil capacities. A team led by Hakki (and also involving Agnès Dunogué and Lyle Roberts) won a significant and complete victory for Paramount Global (formerly ViacomCBS) in a high-profile and closely watched securities class-action arising from the 2021 collapse of Archegos Capital Management, a family office run by billionaire investor Bill Hwang, who later was indicted for his conduct. (ViacomCBS was one of the companies whose share prices were adversely affected by the liquidation of Archegos.) The litigation claimed that the offering documents for March 2021 securities offerings by ViacomCBS should have disclosed that Archegos had obtained concentrated and leveraged synthetic positions in ViacomCBS stock via total return swaps entered into with investment banks, which also acted as underwriters for the offerings, and that those swaps needed to be liquidated due to Archegos’ financial distress. Hakki also achieved a significant victory for Twitter in shareholder litigation relating to the fraught acquisition of Twitter by Elon Musk. The shareholder plaintiff agreed to voluntarily dismiss the case a few days before pre-trial briefs were due. Hakki has also balanced an active portfolio of antitrust cases along with his securities matters. One example involved a victory on behalf of Intercontinental Exchange and various subsidiaries in a LIBOR-related antitrust action brought on behalf of group of consumers purportedly injured as a result of an alleged price-fixing conspiracy.
     Shearman’s US bench is brimming with others noted for their antitrust prowess. A frequent teammate of Hakki’s, Jeffrey Resetarits, is generating a good deal of traction in antitrust as well as securities. “Keep your eye on him,” advises a colleague at one of New York’s top firms. “We’ve been seeing more of him lately and we are very impressed. He and Adam Hakki had a nice win [in March 2019] in a matter involving CDOR [Canadian Dollar Offered Rate.]” New York’s Richard Schwed is representing JetBlue Airways Corporation in two high-profile DoJ lawsuits concerning alleged anti-competitive activity in several capacities. Todd Stenerson, based in the DC office, led a team (including DC’s David Higbee) that achieved a significant victory for Booz Allen in the DoJ’s attempt to block its $440 million acquisition of EverWatch. In December 2022, the DoJ dismissed its lawsuit, officially ending the litigation after the court permitted the parties to close the transaction. One fellow leader in the antitrust space enthuses, “Todd is a very creative and out-of-the-box thinker. He will just generate idea after idea in a very thought-provoking way that benefits all involved.”
      Stephen Fishbein, whose practice straddles white-collar crime and enforcement with antitrust elements, secured a victory on behalf of an individual in a significant criminal insider-trading case. In December 2022, the Second Circuit ruled, among other things, that the evidence was insufficient on the two counts on which the client was convicted and dismissed the fraud charges.

Axinn Veltrop & Harkrider

Axinn, strongly established in the Northeast with offices in New York, Hartford, and Washington, DC, also has a location in San Francisco. The firm has carved out a niche by specializing in the overlap of intellectual property and antitrust litigation. Not limited by these specialties, Axinn is also proficient in complex commercial litigation. Clients routinely point out the diversity of the firm’s teams as well as its casework. 

While the firm has expanded beyond its Connecticut roots, the Hartford headquarters continues to be a dominant force in litigation. The Hartford office has one of the firm’s top intellectual property litigators, Matt Becker who represents Norwich Pharmaceuticals in a patent- infringement action filed by Salix Pharmaceuticals. Norwich is seeking approval to market rifaximin, a generic version of the Salix product Xifaxan, for the treatment of irritable bowel syndrome (IBS) and hepatic encephalopathy (HE). A trial was held, and the District of Delaware issued an opinion allowing rifaximin to be marketed for IBS treatment but upheld the claims on HE. The case is currently on appeal. Another important member of the team is Aziz Burgy. He is one of the top life-sciences litigators from the Washington, DC office. 

The firm’s DC office features antitrust specialist Rachel Adcox. Adcox represents Alvogen in an antitrust case. She has led the team in defending the company against allegations that it participated in an industry-wide conspiracy to raise the prices of generic medications. The case is ongoing. Bradley Justus is a rising star in the DC office.  Focusing on antitrust litigation, he is on the team defending Tyson Foods in a multitude of class actions alleging industry-wide price manipulation. Also, on the team representing Tyson Foods is Tiffany Rider. She heads the firm’s antitrust investigations and cartels practice and has represented companies in domestic and cross-border antitrust matters before the US Department of Justice and the Federal Trade Commission.

Adcox joined the New York antitrust litigator Denise Plunkett as a lead counsel defending Alliance for Safe Online Pharmacies (ASOP) in a lawsuit alleging a conspiracy to prevent the plaintiff, Pharmacychecker.com, from accessing platforms to promote the importation of pharmaceuticals outside the US. Adcox and Plunkett secured early summary judgment in favor of ASOP. Plunkett teamed up with fellow New York litigator Craig Reiser in a high-profile case representing World Chess Champion and grandmaster Magnus Carlsen in an antitrust lawsuit. The pair successfully defended Carlsen against claims brought by another grandmaster, Hans Niemann, who filed defamation claims and violations of the Sherman Act.

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.

Cahill Gordon & Reindel

Cahill Gordon & Reindel remains a favorite with its stable of loyal long-time clients, which include global cornerstones of the financial industry, as well as embattled individuals who turn to Cahill practitioners for counsel but probably hope to never see the firm (or any litigator) again. One of Cahill’s clients voices appreciation for the “comprehensive advice, with excellent strategic game plan” that the firm has become known for. Cahill is best known for its concentration in the commercial, securities, antitrust and white-collar crime capacities.
     Operating from both the firm’s New York flagship as well as its DC location, Brad Bondi has become known as a trusted advocate for white-collar and securities enforcement matters. Bondi leads a team that 
is representing five large hospital funds as plaintiffs in connection with potential claims against Allianz Global Investors arising from the catastrophic implosion of Allianz’s Structured Alpha investment products. The allegations concern violation of federal securities laws and state common law claims. Total losses claimed exceed $10 billion. Bondi also represents former a KPMG senior partner and executive who is charged, along with four others, in a high-profile case with wire fraud and other offenses relating to the misappropriation by the defendants of confidential inspection information from the Public Company Accounting Oversight Board. “Over the years I have some to know Brad well and have trusted him on several important projects,” testifies a peer. Bondi is not the only partner in this group earning acclaim; Nola Heller represents a former asset manager who is charged for her alleged role in a $63 million scheme to place fraudulent bonds in discretionary client accounts. In March 2020, Heller served as lead trial counsel in a four-day evidentiary hearing regarding the client’s motion to withdraw her guilty plea. The response is also strong for Anirudh Bansal, a younger partner who is making a swift ascent. “I think Anirudh is first-rate,” opines a peer. “He was a junior to [celebrated former Cahill partner] David Kelley so he got excellent training and then had big shoes to fill, which he did. He stepped up in a big way, and I expect you’ll see more of him.”
     In the commercial capacity, Tammy Roy is another younger partner making a rapid rise. A client addresses Roy as “a rock star” who “[has] command of facts without getting lost in details. [She has a] bright future.” Roy has taken the lead on several notable engagements as of late. She represents S&P Global in five related actions alleging that S&P made reckless misrepresentations in connection with the rating of a life settlement securitization. In March 2019, several claims were dismissed but others were allowed to proceed and are now in discovery. Roy also represented UBS in connection with a defamation claim filed by a former UBS employee-turned-whistleblower after UBS publicly refuted the plaintiff’s claims, which were published in a book, regarding the details of his role in a tax-evasion scheme allegedly implicitly endorsed by UBS. UBS also denounced the plaintiff and highlighted lapses of credibility in his story. 
The parties settled the matter in September 2020. Roy also represented UBS Financial Services in a putative class action filed in the Southern District of New York in October 2020.  The named plaintiff sought to represent an alleged class of US citizens living abroad who she claimed had their UBS investment accounts frozen, converted to cash or closed without timely notification. At a pre-motion conference that was filed for in January 2021 in anticipation of UBS’s motion to dismiss, the plaintiff conceded that the court lacked subject matter jurisdiction and subsequently filed a stipulation of voluntary dismissal of all claims.
     Cahill has long serviced Credit Suisse in cases straddling an intersection of securities and antitrust issues. Joel Kurtzberg, a recent addition to Benchmark’s litigation stars, has proven his mettle in having taken the lead on several of these matters. “Get Joel on your radar,” advises a peer. “He has earned it.” The team also includes long-time stars Herb Washer and Elai Katz, the latter known primarily for his antitrust acumen and the former frequently pivoting between securities, antitrust and commercial cases. “Elai is an antitrust secret weapon,” confides a peer. “He comes on like a bit of a street fighter, but you can tell by his writing – and he does a lot of it – that he is really studious and geeks out on this stuff.” Washer is said to be able to “do it all, while all the while being one of the more pleasant and well-spoken litigators you’ll encounter.” Others servicing Credit Suisse in various capacities include Sheila Ramesh and future star Jason Hall, as well as David Januszewski, a seasoned partner who receives near-universal acclaim from peers in the market. “David is fantastic, he should get national recognition,” insists a peer. Beyond his work for Credit Suisse, Januszewski also acts for Deutsche Bank. On behalf of this institution, Januszewski led a team (including Ramesh) that 
litigated a six-day bench trial in Connecticut seeking to enforce a judgment, secured by the bank in a UK court in 2013, against Alexander Vik and his offshore investment entity Sebastian Holdings, seeking to hold Vik liable personally as the Sebastian Holdings’ alter ego in Connecticut. Januszewski also prevailed on behalf of Deutsche Bank Trust Company Americas, securing a July 2020 dismissal in the Northern District of Illinois for a suit filed in March of that year in which plaintiffs filed their complaint against the bank, asserting claims for negligence, conversion, and contribution in connection with the transfer of securities alleged to have been funneled among various entities as part of a third-party’s long-running Ponzi scheme.

Cleary Gottlieb Steen & Hamilton

Cleary Gottlieb Steen & Hamilton stands out for its impressive global footprint – one of the most expansive in “big law,” with more offices located outside the US than within. Proudly bold in its international aspirations, its domestic-domiciled practitioners in New York, DC and San Francisco routinely attend to matters that cross borders. The firm excels in antitrust, white-collar and investigations work, securities, bankruptcy, commercial and even some intellectual property, and, unsurprisingly, it is also known as being one of the dominant forces in the international arbitration arena. “Cleary is so good,” exclaims one peer. “I’ve thought of them as more ‘transactional good’ but they also have fantastic litigation.” A client cheers the “analysis, writing and litigation strategy” of the firm’s partners.
     Antitrust is one capacity in which Cleary commands a particularly towering presence, with a dominant position in agency and contested-merger work. “
Aside from knowing the antitrust laws backward and forwards, the attorneys at Cleary know how to take an extremely complex set of laws and facts and describe them simply and persuasively,” testifies a client. In the firm’s DC office, Leah Brannon has emerged as a peer and client favorite. “Leah is extremely smart, a very good writer, and a great antitrust thinker,” confirms one client. Another calls her a “great communicator” who “thinks creatively and outside the box and is very responsive to client requests.” For the better part of a decade, Brannon has been representing coffee entity Keurig in a massive multidistrict monopolization litigation in the Southern District of New York. In July and August 2021, two new opt out complaints were filed in the Eastern District of New York, and subsequently transferred into the pending multidistrict litigation. The actions already in the MDL include suits by two competitors to Keurig, a purported class of direct purchasers, and one individual purchaser. Another DC-based partner, Jeremy Calsyn, represented Change Healthcare in defeating a federal lawsuit filed by the DoJ and two states seeking to enjoin its $13 billion merger with United Healthcare. The plaintiffs alleged that United’s acquisition of Change’s electronic data interchange network would harm competition in certain health insurance markets, and also alleged the merger would create a monopoly in first-pass claims-editing software. Following trial in August, in September 2022, the merger to merger was allowed to proceed. Based in the firm’s San Francisco office, Heather Nyong’o represents Varsity Brands and several subsidiaries, as well as its private equity owners, in litigation brought by purported classes of indirect purchasers of Varsity’s cheerleading competition, apparel, and camp products and services.
     Cleary is also known for its bankruptcy capacity and is known as one of the few to actually litigate this work. “It drives me crazy when restructuring lawyers can’t handle the court work. Like, what are you doing? Your name is on the brief but you have to turn to someone else to do the litigation? That’s not the case at Cleary!” In particular, Lisa Schweitzer and Luke Barefoot are noted leaders in this area. This duo, independently and in tandem, has been at the forefront of some of hotly contested bankruptcy work for major players in the Latin American airline industry, dovetailing seamlessly with Cleary’s stronghold in this region of the world.
“Nobody can touch Cleary in that market,” concedes one peer. “They have such a deep concentration there, and they have relatively young partners who are also fluent Spanish speakers.” New York’s Lisa Vicens is frequently referred to as an example. “Lisa has developed a fabulous South American practice,” confirms one competitor. “She is a homegrown talent, an unusual person in that respect.” Vicens, a white-collar and investigations-oriented practitioner who also has grasp of rudimentary Portuguese, is representing Brazilian mining entity Vale in connection with investigations of allegations that the company failed to conduct appropriate diligence in advance of a strategic transaction with an entity that subsequently was discovered to have engaged in corrupt payments. Ari MacKinnon is another New York-based partner who exemplifies the firm’s dedication to this region; he is also a bilingual investigations and international arbitration specialist and is noted for “cultivating that market at an early age.” MacKinnon acted as counsel to several Latin American entities relating to non-payment for invoices for 10 shipments of liquefied natural gas under a gas-sales agreement. Another international arbitration specialist, Jeffrey Rosenthal, a senior figure in this area, is representing Sysco in an LCIA arbitration and related federal court litigation against affiliates of litigation funder Burford Capital. Sysco is a plaintiff in several antitrust litigations against protein suppliers pending in US federal courts. Burford invested in Sysco’s claims. In 2022, Sysco proposed settlements of certain claims against defendants in the antitrust cases, and Burford objected to the settlements and initiated an arbitration asserting a contractual right to block them. The arbitral tribunal granted a temporary restraining order and later a preliminary injunction that Burford requested. Sysco has now filed a petition to vacate the arbitral award.
     Cleary is also celebrated for its white-collar and enforcement capabilities and bench strength. A high-level peer in this practice testifies, “If I were to refer a big case to a firm, Cleary would be it. If the case is of high-stakes nature, I need depth and breadth, not just a one-star system. Cleary has that in spades.” Another peer concurs, “I work a lot with the Cleary team – particularly Victor Hou, Jonathan Kolodner and Joon Kim – and they get very nice results for their clients and we work very well together.” Civil securities-focused Roger Cooper and Jared Gerber represent Allergan and several of its former officers and directors in a class-action alleging that the company made misstatements and omissions concerning the health risks associated with certain breast-implant products. The action was filed after the company announced that certain breast-implant products were being withdrawn from the European market. In December 2022, the court granted the summary judgment motion that Cleary filed on behalf of defendants and dismissed the action in its entirety. 

 

Cohen Milstein

Cohen Milstein covers the Eastern seaboard with offices in Washington, DC, Philadelphia, New York, Palm Beach Gardens and Raleigh, and services the Midwest through a Chicago office. Peers on both the defense and plaintiff sides of the “V” have voiced appreciation for the firm’s zealous approach. “I have always regarded them highly,” declares one plaintiff peer. “They have been mainly regarded as an antitrust firm, but they also so some work in securities and appear to be doing more of this. We happen to have a case where we are co-lead with them. They are smart lawyers.” The firm also has a noted employment, civil rights and ERISA practice. The firm made news in 2019 when a federal judge in Illinois to co-lead shareholder litigation against money transfer entity MoneyGram International, who, in November 2018,  agreed to pay $125 million to resolve allegations that it failed to crack down on fraudulent money transfers.
     The majority of Cohen Milstein’s star power is concentrated in its DC home base. Managing partner Steven Toll is a celebrated figure among the plaintiffs bar and a “feared but respected adversary” of defense lawyers. Toll has been at the helm of several recent milestone wins, including securing a ruling from the DC Circuit Court of Appeals that reinstated a suit against electronics maker Harman International Industries. A $28.25 million settlement was achieved in this action in 2017. Toll was also co-lead counsel in the BP Securities class action securities fraud lawsuit that arose from the Deepwater oil spill in the Gulf of Mexico. The Fifth Circuit Court of Appeals affirmed the certification of the class of investors alleged to have been injured by BP’s misrepresenting the amount of oil spilling into the Gulf of Mexico, and thus minimizing the extent of the cost and financial impact to BP of the cleanup and resulting damages. In February 2017, the court granted final approval to a $175 million settlement reached between BP and lead plaintiffs for the “post-explosion” class. Julie Reiser attends to a practice that straddles antitrust, securities and ERISA matters. Reiser has led litigation teams in several major class actions and has secured landmark settlements, including a $500 million settlement related to Countrywide’s issuance of mortgage-backed securities and a shareholder derivative suit against Wynn Resorts, with a net settlement value of $90 million.
     While the DC partners are some of the firm’s most established, partners in other offices, particularly on the younger end of the spectrum, are also moving to the fore and garnering peer attention. Lauren Posner in the New York office is tipped by peers as a future star. “I’m sure she’ll be put in charge of many of their high-end cases,” forecasts a peer.

Finnegan Henderson Farabow Garrett & Dunner

Dedicated entirely to intellectual property, Finnegan Henderson Farabow Garrett & Dunner is one of the go-to law firms for litigation involving patents, trademarks, and copyrights. The firm remains a leader in handling disputes before the PTAB and has also maintained a significant reputation in the life sciences sphere. Finnegan’s offices span the East Coast, centering its power in the District of Columbia and Virginia area.

     In DC, William Raich leads the biotechnology and pharmaceutical practice group and with a background in cellular and molecular biology, he is a top choice for patent-related cases. He and nationally recognized litigator Charles Lipsey of the Reston, Virginia office are defending Sarepta Therapeutics in a lawsuit filed by Nippon Shinyaku which alleges that the client’s product Vyondys 53® infringes seven patents held by the plaintiff. Lipsey and Raich are currently active in fact discovery, and the trial is scheduled for May 2024.

     The DC office also features James Monroe and Paul Browning, both of whom are trial lawyers with an extensive record of cases before district and appellate courts nationwide. The duo was among the lead lawyers on the team representing Otsuka and Lundbeck in a series of ANDA cases filed in the District of Delaware. Eighteen generic drug manufacturers sought to create generic versions of the client’s drug Rexulti. Monroe, Browning, and the rest of the Finnegan team settled all eighteen cases favorably for the client, with the last settling on the eve of trial. The settlements protected the company’s multibillion-dollar drug franchise from infringing sales. Robert Yoches splits his time between District of Columbia and Taipei, representing clients in both the US and China. Yoches represents Taiwan Semiconductor Manufacturing Company before the ITC in a Section 337 investigation. The plaintiff, Daedalus Prime, alleged that the client’s semiconductor chips infringe its patents. Gerald Ivey is an established trial lawyer focusing on patent matters involving computer software and hardware. He is recognized for both his district court and PTAB appearances. Ivey recently defended Samsung in multiple inter partes reviews in connection with patents concerning the display of multiple displays on smartphones.

     On the trademark side, Douglas Rettew remains the go-to litigator to handle cases nationwide. As first-chair trial lawyer, Rettew obtained a jury verdict in favor of Armadillo Distribution Enterprises and Concordia Investment Partners on his core affirmative defenses and on the plaintiff’s claims for damages. Gibson Brands had filed a lawsuit alleging serial infringement and counterfeiting of six registered trademarks against the clients, demanding over $7 million at trial. In addition to trial expertise and experience, Rettew is also an established name before the Trademark Trial and Appeal Board, representing multiple clients, including A&H Sportswear, in enforcement matters.

     John Livingstone of the Atlanta office also leads the charge litigating on behalf of clients in the life sciences industry. He represents Novartis Pharmaceuticals in a series of Hatch-Waxman Act patent cases filed in the District of Delaware against generic pharmaceutical companies looking to market versions of Kisqali, a treatment for certain metastatic breast cancers marketed by Novartis. The case has the potential to provide nine years of exclusivity. Separately, Livingstone defends Novartis Gene Therapies against patent infringement allegations asserted by Genzyme. The patents include recombinant adeno-associated virus sector technology, which Novartis uses in its breakthrough gene therapy Zolgensma. Livingstone is also an established litigator representing life sciences clients before the International Trade Commission. His recent victory for Ajinomoto involved a biotech investigation and subsequent evidentiary hearing at the ITC, which in its final determination found that the defendant, CheilJedang, infringed Ajinomoto’s patents, and therefore also issued a limited exclusion and cease-and-desist orders, barring the defendant from importing the infringing products. Fellow Atlanta partner and celebrated multidisciplinary intellectual property litigator Virginia Carron successfully defended Nestlé in a business-critical patent infringement case in the Western District of New York. Steuben Foods sued the client alleging numerous claims related to five patents and claiming $500 million in damages. As lead partner on the case, Carron took a multifaceted defense strategy that challenged the validity of the patents before the PTAB and filed a series of motions for summary judgment in district court. She successfully narrowed the case to three patents and the district court further agreed with her claim construction position. Her aggressive strategy and briefing garnered a significant settlement agreement.

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.”

 

 

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.

Haynes and Boone

Haynes and Boone is a multi-discipline outfit that emerged as a regional player in the Southeast and South Central US. The firm maintains a network of 17 offices with 40 practice areas spreading across its locations. Historically a revered legal brand in its native Texas, the firm has more recently expanded into markets like Washington, DC, largely on the strength of a rapidly burgeoning insurance coverage practice. The firm has won the praise of multiple peers; one testifies, “We are very often in the same sandbox as them, we see them often.” Another peer, based in Houston, extols, “They are really in the mix now, great people. [They have] Quite a bit of action in Dallas, too.” Clients voice their appreciation for the firm’s approach and prowess. One describes Haynes and Boone’s litigators as “aggressive and thoughtful, with an excellent understanding of the law,” and states that they are “good at keeping client focused, thoughtful with billing and credits, excellent at strategy, trustworthy and empathetic.”

     The DC office in particular features trial lawyer Barry Buchman who is a leading policyholder insurance litigator with a specialty in complex insurance coverage, general liability coverage disputes and other cutting-edge insurance coverage matters. “Barry and his team are active in the sexual abuse coverage disputes area,” notes one insurance-focused peer. “When people ask for referrals, he’s always 1, 2 or 3 on the list.” Additionally, Buchman’s practice also touches on commercial disputes that include business torts and representing private equity firms and automotive companies especially. Most recently, Buchman served as lead litigation counsel representing Lionsgate and Starz in a Directors & Officers insurance coverage case that arose out of Lionsgate’s acquisition of Starz and a subsequent shareholder class action that was filed by Starz shareholders. They alleged they were underpaid for their shares compared to the price Lionsgate paid for the shares of another group of shareholders. The insurers for Lionsgate and Starz denied coverage, claiming the “Bump-Up Exclusion” clause in the policies, and after the class action settled for $92.5 million, the clients filed a lawsuit against the insurers for their denial of coverage. One of the insurers for Starz filed a motion for summary judgment arguing that the client improperly compromised the insurer’s subrogation rights against a Starz shareholder, John Malone, who allegedly played a significant and improper part in the Lionsgate’s acquisition. The matter became an issue of first impression regarding whether Malone was considered an “insured person” as he was not a director or officer of Starz. Buchman successfully persuaded the court to consider Malone an “insured person” and the court ruled in the client’s favor based on the policies that prevent insurers from asserting subrogation rights against an insured. 
     Haynes and Boone is also a noted powerhouse in the specialty area of appeals. “In appellate work, they are a premier firm,” raves a peer. “Nina Cortell [now Senior Counsel status] is still active but her protégé Anne Johnson is just tremendous. I would love to hire either of them away but I doubt we could ever get them!” Johnson, domiciled in the firm’s Dallas office, has indeed emerged as a star in this space. She made headlines with her representation of BBVA, on behalf of whom she persuaded a Texas appellate court to overturn a $110 million fraud verdict against the client. The suit was brought against BBVA by a borrower who claimed that a BBVA employee made misrepresentations during loan renewal negotiations. The plaintiff alleged that, at the time the employee represented that his loans were not being sold, the bank was in the process of selling them—an action permitted by the loan documents. The plaintiff claimed that the employee’s representation caused him to lose out on various business opportunities. Johnson and her team were called into action after an unfavorable verdict in 2017. In December 2020, a three-justice panel of the appellate court unanimously reversed the judgment and ruled that the plaintiff take nothing on his claim. Johnson is also lead counsel on appeal for Toyota North America in an appeal stemming from a $242 million verdict against the manufacturer in August 2018. Johnson makes her debut appearance as one of Benchmark’s Top 250 Women in Litigation in this edition. Houston’s Mark Trachtenberg also notched an appellate win when he persuaded the Fifth Circuit Court of Appeals to affirm a summary judgment in favor of client Caterpillar. In the suit, AIG Europe asserted negligence and product liability claims against Caterpillar, which manufactured an engine used in pumping units at an oil-and-gas well site in Texas. A 2016 fire at the site led to millions of dollars in damages, which AIG sought to recover from Caterpillar and another defendant. Haynes and Boone was retained after a judge in the Eastern District of Texas denied AIG’s motion for partial summary judgment and granted Caterpillar’s motion for summary judgment on each of AIG’s claims.

 

Hecker Fink

Celebrated boutique Hecker Fink has earned itself a pride of place in the crowded New York litigation market. One client goes so far as to assert, “This is the best litigation shop in NYC.” The firm is in expansion mode, not only in terms of reputation and market share but also in terms of actual headcount. “Their firm has grown quite a bit,” observes one contemporary. “Every year, they get larger and so are in more matters, and they recruit more talent, and so their reputation is getting stronger even beyond the name partners. I would point to Jenna Dabbs as one example, she’s very effective. Also, Mike Ferrara, he’s doing really well.” The firm did lose recently one partner – former name partner and trial lawyer Roberta Kaplan, who departed the firm this year, prompting its July 2024 name change from its former title of Kaplan Hecker & Fink.
     Sean Hecker is a rare breed of white-collar trial lawyer, with an unassailable reputation that has been fortified by universal peer and client testimonials, and the representative work to support the commentary. “Sean is the best lawyer in [New York] city,” insists a client. “He offers strategic thinking, communication, and very strong written work product. It is difficult to identify a shortcoming. His representation of us was a home run.” Hecker represents law firm Dechert in multiple active lawsuits relating to an alleged scheme to hack a client’s adversary’s emails, publish and use some of the hacked material, and cover up the scheme. The principal RICO complaint seeks hundreds of millions of dollars in damages. Hecker and Ferrara represent John Patrick Gorman III in an action brought by the CFTC for allegedly manipulating the prices of US dollar interest-rate swap spreads, and for certain alleged misstatements, while working as the head of non-yen rate trading for Nomura in Japan. Hecker and Dabbs meanwhile act for Glen Point Capital founder and former Chief Investment Officer Neil Phillips, who was indicted by the Southern District of New York in 2022 on commodities and wire fraud charges for alleged manipulative trading in the FX spot market. Phillips was also charged by the CFTC in connection with the same alleged conduct. David Gopstein, a future star who makes his debut in this edition, works with Hecker and Dabbs in this matter. On her own, Dabbs represents multiple individuals in connection with an investigation by the Southern District of New York and the SEC, which led to the indictment in the Spring of 2022 of the former CEO and CFO of investment firm and family office Archegos Capital Management, and guilty pleas pursuant to Informations filed against the firm’s former Head Trader and Chief Risk Officer.  The charges include racketeering and fraud offenses relating to a market manipulation scheme. Archegos’s downfall also resulted in significant losses for many of the firm’s trading counterparties, all of which were large and established financial institutions. Trial against the indicted CEO and CFO of the firm is scheduled for the Spring of 2024, and the government’s investigation is ongoing. 

 

 

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.

Ifrah Law

The DC-based boutique outfit of Ifrah Law, under the guidance of its namesake and central leader Jeff Ifrah, deals in white-collar criminal defense, commercial litigation, class-action defense, and federal agency litigation. The most unique of the firm’s features, however, is its online gaming & sports betting practice. Indeed, Ifrah and the firm’s involvement in this regard has propelled the team to considerable renown in this burgeoning practice area, wherein the team also attends to such cutting-edge matters as cryptocurrency disputes and issues arising in connection with social media.  

Kellogg Hansen Todd Figel & Frederick

Kellogg Hansen Todd Figel & Frederick is a mid-sized trial and appellate powerhouse firm headquartered in downtown DC. Aaron Panner is an antitrust authority who frequently appears before the US Supreme Court and appellate courts around the countryPeers celebrate Panner’s courtroom efforts, stating, “One guy who is just amazing is Aaron Panner at Kellogg Huber. He specializes in antitrust. [He] Clerked on the [Supreme Court]” adding, “He is truly one of the most amazing litigators I’ve come across. His mind is unbelievable. He would be on the top of my list. I refer him to my own clients and they’re always happy. That guy, boy, just a dynamo!” Seasoned litigator and name partner Mark Hansen obtained some of the largest judgments in antitrust and unfair trade practice cases in recent historyHansen continued his success when a federal judge threw out the FTC’s antitrust lawsuit against client Facebook in June 2021. The case is pending after the FTC opted to try again its antitrust lawsuit with an amended complaint.  Competitors also sing Hansen’s praises, declaring “He is low-key and humble so, it’s hard to even see him as the big dog that he is. He is one of the Top 5 trial lawyers in the US.” Founding and managing partner Michael Kellogg has built a reputable practice dedicated to appellate, regulatory, and antitrust issues. He has briefed and argued numerous cases before the United States Supreme Court. Steven Benz represents corporations as plaintiffs in antitrust, unfair competition, class action, and complex commercial cases. Benz is active as a member of the lead counsel team representing software supplier Veeva, which stands accused of stealing medical data belonging to IQVIA. Trial lawyer Andrew Shen has successfully represented clients at the trial and appellate levels in a range of areas and industries. Clients include anywhere from Fortune 200 companies and institutional investors to whistleblowers. Shen filed a notice of appearance on behalf of the Saudi Crown Prince before the District of DC in March 2021 in a federal lawsuit initiated by the pro-democracy group of murdered journalist Jamal Khashoggi. Appellate authority David Frederick is active in defense of Royal Dutch Shell against climate liability lawsuits. Frederick is also renowned for his advocacy in suits against the NFL on behalf of former players who suffered concussions and their families, as well as for his success last year in an antitrust case that allowed iPhone owners to sue Apple. 

 

Kirkland & Ellis

Kirkland & Ellis has steadily risen from its roots in Chicago (where it remains a dominant brand) to become an international powerhouse. “Kirkland is a very formidable firm – [they have] a lot of talent. They have a lot of really solid people. There’s just something ‘cool and tough’ about them that you just can’t touch.” One of the larger and more comprehensive litigation capacities, Kirkland stands out as a firm that that boasts bench strength and high-level appointments in virtually every area of practice it offers, which include (but are not limited to) securities, antitrust, product liability, appeals, intellectual property, white-collar and investigations, commercial litigation, and bankruptcy, with the last being an area in which the firm is particularly dominant. “In bankruptcy, it’s Kirkland every day – they have to be at the top,” insists one peer, himself a leader in this practice. “I would specifically point to Mike Slade as a leader here – he takes some of the hardest bankruptcy cases around.”

     Kirkland is also noted for housing several leaders in the trial law specialty. To that end, perhaps the biggest news is the 2023 return to Kirkland of James Hurst, a famed and prolific Chicago-based trial luminary noted for prodigious courtroom acumen who took a multi-year hiatus. Hurst represented Abbott Laboratories and its affiliate, Abbott Molecular., in a lawsuit alleging gender and race discrimination brought by an African-American female and former employee of Abbott. Hurst prevailed on the clients’ behalf in September 2023. Another of the firm’s marquis trial lawyers, DC’s Mike Brock(who has been consistently ranked as one of Benchmark’s Top 100 Trial Lawyers since its inception in 2014) led a team along with Chicago’s Leslie Smith and Anne Sidrys representing 3M Company and its subsidiary Aearo Technologies in product liability litigation concerning 3M’s allegedly defective dual-ended Combat Arms Earplugs. In 2021, the Kirkland team secured a complete defense verdict in the second and fifth bellwether trials in this massive and headline-grabbing litigation. Operating from the firm’s Los Angeles and San Francisco offices, all-purpose commercial litigator Mark Holscher is another of the firm’s trial stars – one who makes his debut on the Top 100 list this year. A local candidate on this list testifies, “Mark is terrific. He’s now on the plaintiff’s side and become a thorn in the side of entertainment studios.” Holscher is representing Stable Road Acquisition in a purported consolidated securities class action arising from a merger, as well as an SEC action involving the CEO and founder of the merger candidate entity.

    Domestically, Kirkland has exhibited a remarkable level of growth in its New York office in particular. Kirkland came into this market and started knocking over furniture and not asking permission, just taking it,” quips one contemporary, summing up the firm’s explosive growth in the city. “We do a lot of work with them, and they send us work. They can’t be adverse to most of the private-equity firms that matter, but they have become an utter juggernaut in the New York market. More than anyone, they are responsible for the cultural shift in New York firms – there is a poaching war going on between them and some ‘white-shoe’ firms that I’m sure are historically not used to having their dominance challenged!” Many credit Sandra Goldstein, a litigation powerhouse and “straight shooter,” for this phenomenon. “Sandra has not only a terrific reputation but a sizeable book of business,” states one peer. “She has a carousel of securities and Delaware-related litigation on the go. But she also benefits from having the Kirkland machine and a great team that is coming under her and, at this point, with her – people like Stefan Atkinson, Rachel Fritzlerand Matthew Solum. They are all junior to Sandra but absolutely critical and playing major roles.” A peer elaborates, “Stefan Atkinson is a young guy that is very strong in Delaware.” The duo of Golstein and Atkinson prevailed in affirming a judgment entered in favor of Constellation Brands in a case in which Mexican beer brand Modelo brought suit against Constellation, the holder of a perpetual license to use the Corona and Modelo trademarks on “Beer” in the US, alleging that Constellation’s new Corona Hard Seltzer and Modelo Ranch Water products fell outside the scope of the license because hard seltzers are not beer. A peer insists, “You’ve got to look at [the New York office of] Kirkland harder for securities work! Just at the moment they’ve got GrubHub. Jeld-Wen. Six Flags. Honeywell…shall I go on?”Solum in particular is identified as “a securities star in the making,” with one peer stating, “We are seeing him everywhere and not just in one specific type of securities case, either. He’s got M&A work, derivative work, class actions, you name it.” Solum represents Avalara and certain of its former directors in putative securities class action arising from Vista Equity Partners’ $8.4 billion take-private acquisition of Avalara. Solum also represents Avalara in a related petition brought by Avalara against dissenting shareholders to determine the fair value of shares. Another New York partner, in the intellectual property space, Dale Cendali represented Take-Two Interactive Software in a copyright infringement lawsuit brought by a tattoo artist related to the depictions of NBA players LeBron James, Danny Green and Tristan Thompson in Take-Two’s  popular NBA 2K video game series. Take-Two designs each of the NBA players’ avatars with an eye toward realism, which requires including the players’ real-world tattoos on their virtual avatars in NBA 2K. The plaintiff claimed that the inclusion in NBA 2K of six tattoos he inked on these three NBA players amounted to copyright infringement. At trial, the Cendali and her team argued (among other things) that the inclusion of these nearly imperceptible tattoos in the massive video games is de minimis, a fair use, and covered by a license from LeBron James. In April 2024, the jury returned a verdict of no infringement.

 

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.”

MoloLamken

MoloLamken is a rare example of a litigation shop that has entrenched itself in three key geographic venues (New York, Washington, DC and Chicago) while remaining lean and nimble enough to qualify for “boutique” status. The firm’s name partners straddle the axis of trial and appellate counsel and maintain broad and diverse ranges of cases for an equally varied portfolio of clients. A peer offers in summation, “MoloLamken cover a lot of ground,” and further elaborates, “I’m actually seeing them doing a lot more plaintiff work!” Clients also offer glowing reviews. One raves, “Based on my experience, MoloLamken provided a comprehensive legal defense utilizing highly skilled attorneys with extensive experience and knowledge of the subject matter. They are highly professional lawyers who care about their clients and are highly motivated to achieve the best possible results for their clients.”

     New York’s Steven Molo, one of the firm’s founders, is considered “a visionary,” by peers, one of whom emphasizes, “He’s a trial lawyer! He goes to court more than many others on [Benchmark’s] list.” Molo and Washington, DC-based Eric Nitz represent plaintiffs in a misappropriation-of-trade-secrets case concerning an aircraft conversion program for the Boeing 777 jumbo jet. “Eric Nitz is extremely passionate about his work and thus his clients,” extols one such appreciative client. “He is extremely intelligent, knowledgeable, creative, and detailed oriented. And of course he is highly persistent to achieve the best possible outcome.” Molo led a team is serving as class trial counsel in a 10b-5 securities fraud stockholder class action against a company that transported oil developed from fracking in North Dakota to the coasts.  Shortly before trial, the class reached a settlement with the company’s officers and defendants for $14 million, nearly the entire remaining insurance policy balance.  The ensuing jury trial proceeded against one remaining defendant, and a favorable verdict was rendered in June 2022. Other members of this team included New York’s Sara Margolis and Robert Kry, who works from both the DC and New York offices. “Oh my God, Robert Kry is so good,” raves a peer. “You must recognize him!” Kry was lead appellate counsel seeking review of the dismissal of a securities fraud shareholder class action against Biogen and three of its executives. The allegations are that the defendants misrepresented the results of their clinical trial data for their Alzheimer’s drug by concealing portions of the data that showed that the drug was not in fact working. Upon the fraud being exposed, an advisory committee voted unanimously against the drug, and the company’s stock price plummeted, causing investors over one billion dollars in damages. In October 2023, the court of appeals reversed an earlier unfavorable decision and reinstated the plaintiffs’ claims in part. 

     Jeffrey Lamken, in the firm’s DC office, is an appellate specialist. A client cheers his “excellent writing and strong skills in oral presentation.” A DC peer quips, “Jeff is so known for IP appeals cases that I think he’s developed a real niche in that world. God help you if you want a Supreme Court case out of the Federal Circuit because I’m sure Jeff is going to go after it and most likely get it.” Although intellectual property might be a particular substantive area of concentration, Lamken represented The Humane Society of the United States before the Supreme Court in a successful defense of California’s Proposition 12 (drafted by the client in 2018), which forbids the sale within California of pork that comes from pigs housed in certain extreme conditions of confinement, against a constitutional challenge from pork industry groups.

     MoloLamken continues to enrich its talent ranks beneath the more senior name partners. New York’s Justin Ellis earns commendations from his peers, one of whom testifies, “I have partnered with Justin in a series of whistleblower complaints regarding fraudulent commercial mortgage-backed securities. [He’s an] excellent, hard-working attorney with a keen intellect and deep knowledge of the substantive area of work, namely securities litigation.” New York’s Ben Quarmby balances commercial and IP matters and is similarly championed by contemporaries. “I’m seeing Ben more and more, he’s doing really well in this space,” confirms one peer. A client buttresses this assessment: “Ben Quarmby is very clear and very reactive. He knows his subject perfectly.

 

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.

 

 

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.

 

Schulte Roth & Zabel

With offices in New York and DC, Schulte Roth & Zabel is praised by peers for its “very high-quality” work, primarily in the financial services sector. The firm is noted for its novel mix of practice concentration, its cutting-edge client base and its approach to cases. “Schulte has really come to dominate in certain areas,” observes one peer. “They have always been a go-to for private equity and hedge funds, and now they have cornered the market in areas like cryptocurrency as well.” Cases in these areas are noted often for imposing “steep learning curves that demand a fast-moving and forward-leaning approach to litigating them effectively,” in the words of one peer, concluding “Schulte delivers.” Another notes, “You’ve got to understand – Schulte has a very different client base than a lot of big New York firms, and these are clients that are more willing to litigate hard and take gutsy positions.” The firm’s demonstrated strengths in the securities and white-collar areas have been prominently on display in a number of matters for a diverse spectrum of clients. A peer testifies, “I've worked with SRZ litigators on a variety of litigation matters over the years. Most recently, we've been looking at cross-border securities litigation matters. The partners there have a range of skills that range from litigation to structuring and tax.” Schulte is also actively growing its “next-generation” ranks; this past year it has brought on a new “young hot-shot” partner Julia Beskin from her former post at Quinn Emanuel.
     In addition to a vibrant general commercial and securities practice, New York’s Michael Swartz is the co-head of the firm’s litigation practice and has emerged as one of the foremost authorities on cryptocurrency litigation. This niche acumen was on display when Swartz logged a huge win for Pantera Capital, which purportedly established the first bitcoin fund in the US, in a battle with another top cryptocurrency investment fund manager, Polychain Capital. After Polychain learned that Pantera, a 5% owner of Polychain, had formed its own, competing Initial Coin Offering fund in the liquid altcoin space, Polychain reacted by amending its operating agreement to give it the ability to terminate Pantera’s ownership interest for cause on the ground that it competed with Polychain. Following a week-long hearing, Pantera prevailed in July 2022. In January 2023, the Chancery Court issued a final judgment that awarded Pantera all of its fees incurred in the Chancery Court action plus interest, amounting to more than $7 million. Swartz also (along with increasingly prominent future star Taleah Jennings) represents Eric Bischoff in two litigations concerning an ownership among the shareholders – all family relations of the client – of the Boar’s Head cold cuts company. “Michael Swartz is a go-to on ‘the Street’ for shareholder activist litigation,” testifies a peer. Also based in New York, Robert Ward represents Denver Wewatta, an affiliate in the LCN Capital Partners portfolio, in a dispute concerning a purchase agreement for a major commercial with an affiliate. Ward also represents Aero and its affiliates, who commenced litigation in Delaware Superior Court, raising contract claims arising out of a purchase agreement on behalf of affiliates of private equity firm Mill Point Capital against the seller of a company acquired by Mill Point’s Aero affiliates. Ward is championed by peers not only for his acumen but also his demeanor; one insists, “Bob Ward is not only a great litigator but also just one of the nicest. He stays calm, which, when you’re dealing with hard-fought New York commercial real estate matters, is not always easy to do.” Peers also insist, “You’ve got to look at William Gussman. He cut his teeth on M&A and does a lot of work with Cerberus, which may be Schulte’s biggest client. No one knows the rules and can create an advantage like Bill.”
     The firm’s white-collar and securities enforcement practice is commanded by Peter White and Charles Clark, both of whom operate out of New York as well as the firm’s smaller DC office. White and Clark represent Murchinson, a Canadian investment advisor and hedge fund, who bought additional shares issued by a distressed Greek shipping company and resold them to the market. Due to a high level of volatility in the value of these shares, shareholders brought three separate class actions against Murchinson before the Eastern District of New York, alleging fraud. In the wake of the suits, the Securities and Exchange Commission (SEC) also launched an investigation. The Schulte duo leads the client in all three class actions as well as the SEC investigation. White is also, on a pro bono basis, representing prominent Baltimore attorney Ken Ravenell, a near-unanimously revered criminal defense lawyer who has represented some of the city’s highest-profile defendants. Ravenell was arrested and charged following a years-long investigation by the government on allegations of racketeering and money laundering. Based in New York, Craig Warkol is recognized for his securities enforcement acumen. “He has been at the SEC and has been a US Attorney,” confirms one peer. “I consider him very experienced and talented, skilled and knowledgeable.”   

 

 

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.”

Thompson Hine

A full-service law firm, Thompson Hine is equipped with a team of litigators routinely sought out by clients to handle their most complex product liability and business disputes. The firm has offices in Los Angeles, Georgia, Illinois, Washington DC, and New York, along with multiple offices in Ohio. A client describes the firm’s bench of litigators as “subject-matter experts who provide extremely responsive communication, client services, and trial advocacy.”

That same client also shares praise for Atlanta-based partner Marla Butler. “Marla is a superb strategist and partner to our company,” notes the client. “She and her team work harder, smarter, and more efficiently than most other firms I deal with. Marla has a mastery of IP law and related issues, and she is a delight to deal with. Marla is humble, open to creative ways of solving problems, and is an authentically terrific person.”

Cleveland-based product liability specialist Elizabeth ‘Missy’ Wright is national counsel for a major manufacturer across the country. Timothy Coughlin is a fellow Cleveland partner who chairs the mass & toxic tort group and leads the chemical industry group. In a recent case, he was called upon to use his industry knowledge in developing expert opinions. He is the lead trial counsel for several chemical companies.

William Hubbard focuses on the construction industry, representing a wide variety of clients including owners, contractors, architects, engineers, and construction managers. His practice includes representing property owners in mass-tort and class-action litigation, as well as litigation involving allegations of exposure to chemicals or environmental contamination.

Dayton-based Christine Haaker serves as the vice-chair of the group for the office. Haaker has served as defense counsel to several high-profile entities in numerous business disputes. Anthony White serves on the Executive Committee while maintaining a practice involving class actions, most notably on behalf of a freight transportation company. He has recently been named the firm’s managing partner.

In the group’s DC office, Eric Heyer has emerged as one of the office’s leading litigators with expertise in the growing nicotine vaping industry. He has had petitions accepted by the US Supreme Court. Heyer advises clients on compliance and enforcement issues, contractual and transactional matters, and intellectual property issues.

Scott Young advises employers on labor and employment law, counseling on claims of employment discrimination, wrongful discharge, harassment, whistleblower retaliation, non-compete agreements, and breach of contracts. He is the lead attorney defending AEP Generation Resources, an electric-power company in a complaint by plaintiffs alleging negligence over an alleged defective forklift.

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.

 

Wilkinson Stekloff

While it operates from offices in Washington, DC, New York, and Los Angeles, Wilkinson Stekloff remains the essence of “litigation boutique.” More specifically, a litigation boutique with a uniquely pronounced emphasis on high-end trial work. Formed in 2016 by veteran DC trial celebrity Beth Wilkinson upon her departure from Paul Weiss, Wilkinson Stekloff has been arguably the most buzz-worthy of law firms, and the appearance of Wilkinson and other firm partners at the forefront of a series of high-stakes trials has more than justified the hype. Wilkinson’s long-held position in the coveted Top 100 Trial Lawyers list remains secure in this edition of Benchmark; she is referenced by other members of that list as an equal on a near-unanimous basis. The firm is a big hit with the clients it serves. “Wilkinson is a truly elite litigation and trial law firm, capable of handling our most critical disputes, both at the trial and appellate level,” testifies one. “They are a law firm that you go to when you absolutely must win. They are strategic, pragmatic, and incredibly responsive. They are terrific across all dimensions of litigation and trial needs.” Another raves, “Wilkinson is second to none in litigation strategy and trial performance.  Their lawyers are brilliant, hard driving, creative and truly excellent in a courtroom. I would probably not hire them for routine or low-value litigation, not because they wouldn't do a terrific job, but it would be overkill, like bringing a nuclear weapon to a knife fight.”  While Wilkinson’s celebrity is unquestioned and near unanimous among peers, it is also noted that others at the firm have ascended to esteemed positions of their own. “Beth has set up a very focused system that functions extremely well,” observes one contemporary.
     Wilkinson and Rakesh Kilaru acted for Microsoft after the Federal Trade Commission filed an administrative complaint in December 2022 to block Microsoft’s proposed $68.7 billion acquisition of Activision Blizzard, the largest acquisition in Microsoft’s history. The deal wound up closing after the Wilkinson team declared victory at trial. This landmark and decisive win, which was celebrated as one of the premier “Impact Cases” at the Benchmark 2024 awards ceremony, is still being challenged by the FTC through administrative proceedings. Kilaru is cheered by a client as an example of the “system” alluded to earlier. “Rakesh is a gifted trial and appellate lawyer and deep thinker. He is strategic, adaptable and invariably provides concise, creative and sound advice. He is one of the smartest lawyers I've ever worked with and is probably my first phone call when I have a challenging question. Rakesh has a multi-tool arsenal, and equally skilled at trial, on appeal, and on challenging economic analysis.  He is also one of the nicest and easiest people to work with on a daily basis and through challenging times. He is an excellent mentor to his team and leads by example. Beyond cloning himself, I can't think of anything he could do better.” Kilaru, Wilkinson and Brian Stekloff represent the NFL, its 32 member teams, and NFL Enterprises in a certified class-action lawsuit. Plaintiffs’ antitrust claims challenge the NFL’s multibillion-dollar exclusive distributorship arrangement with DIRECTV for Sunday Ticket and the business arrangements whereby the NFL teams collectively license broadcast rights to NFL games. This same team, along with Moira Penza, represent Altria Group and certain of its subsidiaries in multiple cases arising out of Altria’s minority investment in vaping entity Juul Labs. Stekloff continues to serve as national trial counsel for Monsanto in federal litigation arising out of claims that its popular herbicide Roundup causes non-Hodgkin lymphoma. “Brian can do some of the best crosses I’ve ever seen,” raves a contemporary. “He’s so talented and so likeable.” In another Monsanto-related matter, Cali Arat served as trial counsel in a first-of-its-kind case to go to trial, involving claims that both exposure to the herbicide Roundup from at-home use and exposure to PCBs through the food chain independently and together caused the plaintiff’s non-Hodgkin lymphoma.

Williams & Connolly

Williams & Connolly enjoys a prestigious position as perhaps the only DC firm with just one office that boasts national and international recognition. Its pedigree is further enhanced by one of the biggest stable of trial stars in the US. “I work with them a lot,” testifies a peer, “and they continue to be involved in a bunch of stuff – not just involved but in the lead, taking serious positions at trial and on appeals.” Clients concur: “They have excellent litigation skills and superb client relations.”  Williams & Connolly has long garnered plaudits for its product liability, securities, appellate and its especially high-profile white-collar practices – all of which have historically showcased the firm’s courtroom elan – and more recently it has emerged as one of the country’s most prominent players in antitrust and intellectual property cases. The firm is even developing a burgeoning international arbitration practice.
     Williams & Connolly’s appellate team, and specifically Lisa Blatt, long viewed as luminary, and Sarah Harris, secured multiple victories before the Supreme Court over the past year in matters that have made headlines even beyond the legal world. They cases cover a novel range, from securing holding that the Andy Warhol Foundation did not make fair use of a client’s copyrighted photograph, to successfully representing Google in a case concerning the Antiterrorism Act, to a Lanham Act trademark infringement action concerning a Jack Daniel’s-themed dog toy. In another Google-related matter John Schmidtlein serves as lead trial counsel for the search engine in the landmark antitrust enforcement actions brought by the DoJ and various State Attorneys General accusing the company of maintaining an illegal monopoly over internet search and search advertising. “Look closer at [Schmidtlein],” advises a peer. “He is good and making undeniable strides.”
     Antitrust has been particularly robust for many DC-based lawyers of late, but Williams & Connolly has earned a coveted position. “In every one of the last few antitrust cases I’ve been in, firms are bringing in trial lawyers,” offers a peer. “Not the usual, traditional ‘used to work at the FTC, speaks very technically, etc.’ The plaintiffs are not thinking of this technically. So you need courtroom experience, and Williams & Connolly definitely exemplifies that.” Illustrating this point, Heidi Hubbard is lead trial counsel and co-lead counsel in an antitrust action filed by the FTC that alleges many practices in Amazon’s retail store are anti-competitive. “Heidi has been mostly known for products, and yet here she is on a huge antitrust case,” marvels one peer. “She really can do it all.” Jonathan Pitt also acts on this case and has been playing an increasing role in several other antitrust actions as well. Pitt works with Robert Van Kirk in representing the University of Notre Dame in sweeping putative class action litigation filed against more than a dozen top private universities, alleging that the defendants violate the federal antitrust laws by conspiring to limit financial aid.  Specifically, the suit accuses defendants of participating in a price-fixing cartel allegedly aimed at eliminating financial aid as a point of competition between the schools. Van Kirk is identified as another all-purpose trial lawyer, who spent the better part of a decade representing the Carlyle Group in securities cases. David Zinnis viewed as “someone who really embodies that ‘Williams & Connolly sweet spot’ of cases that have an intersection of antitrust and white-collar crime elements,” according to peers. One in particular muses, “More and more, you’re seeing antitrust violations being committed, and the entity committing is like ‘Oh, is that a crime?’ This is something David Zinn has developed a real specialty as a ‘fixer’ in.” Another trial lawyer best known for product liability, Joseph Petrosinelli represents Gerber Products Company in ongoing litigation involving the company’s baby-food products, in which plaintiffs claim that baby food made by multiple manufacturers contained levels of heavy metals (lead, arsenic, and mercury) that caused childhood autism and ADHD. “Joe is just a stud,” quips a peer. “He’s another one that really made a name for himself on these gnarly product cases and can now handle anything you throw at him.” One of the firm’s up-and-comers, Neelum Wadhwani, acts with Petrosinelli on the Gerber matter.
     Williams & Connolly continues to grow its patent-focused intellectual property group. Dov Grossmanrepresents Bayer CropScience LP and Monsanto Company in patent litigation in the District of Delaware in which Corteva Agriscience LLC has sued Bayer and Monsanto for patent infringement. The three patents-in-suit, each of which is entitled “Herbicide Resistance Genes,” generally relate to genetically modified crops such as corn and soybeans. The duo of David Berl and Benjamin Greenblum successfully represented Teva Branded Pharmaceutical Products and Norton (Waterford) as plaintiffs in ANDA litigation concerning an inhalant product approved for the treatment of asthma.

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.

Boston-based trial lawyer Bill Lee is of the most accomplished litigators in intellectual property. He continues to add to his enviable list of milestone patent wins, which have earned him a long-standing reputation in the practice area. In these high-stakes cases, he is well known for his distinguishing ability to translate his encyclopedic knowledge into comprehensive arguments that sway judges and juries. Lee and Denver’s Mary “Mindy” Sooter obtained a damages-less win for Comcast in a patent infringement lawsuit brought by NextStep. Last September in Delaware, the federal jury found in favor of the client on two of the challenged patents, and returned a “doctrine of equivalents” infringement verdict on the last patent. Sooter and Lee secured the zero-dollar victory with a granted motion to preclude the plaintiff’s damages case.

In the appellate arena, Lee also obtained positive results working with appellate expert Seth Waxman of the DC office. The duo represented Abbott Laboratories and AbbVie against the Federal Trade Commission (FTC) before the Court of Appeals for the Third Circuit. The FTC filed a case alleging that the lawsuits filed by AbbVie against Teva and Perrigo were shams, thus violating the FTC Act. The District Court granted summary judgment in favor of the FTC, which AbbVie appealed. The Third Circuit in parts affirmed, reversed, and vacated the District Court’s decision. Notably, the appellate court held that its lawsuit against Teva was not a sham, and the court vacated the disgorgement award. On the Perrigo matter, the Third Circuit upheld the District Court decision that the suit was objectively baseless, which Lee and Waxman challenged in a petition for certiorari that was denied. However, in a complete victory, the FTC dropped the entire case.

Waxman serves as chair of the firm’s appellate and Supreme Court litigation practice, with, as one peer notes, “an army of talent behind him”. Such talent includes Noah Levine, who represented the Federal National Mortgage Association (Fannie Mae) in a putative class action challenging non-judicial foreclosures in Rhode Island, arguing that the client and co-defendant violated the Due Process Clause as plaintiffs also argued that the defendants should be considered government actors. The District Court rejected both arguments, dismissing the complaints. On appeal, the First Circuit upheld the decision, securing a win for the client.

In New York, commercial litigator Hallie Levin obtained a win for T-Mobile in a five-day bench trial before the Delaware Court of Chancery. The trial arose from a settlement agreement between T-Mobile and Cox Communications that concluded a patent infringement case. In the agreement, Cox agreed that should it begin offering retail customers wireless services, it would be done in accordance with a wholesale wireless agreement with Sprint, which T-Mobile acquired. Cox and another mobile network later entered into a wholesale wireless agreement, and sued the client last January, arguing that the provision was unenforceable. Acting on behalf of T-Mobile, Levin filed counterclaims and requested an injunction to enforce the exclusivity obligation. The District Court found that Cox had breached the agreement and the provision was enforceable. The court issued an injunction preventing Cox from offering mobile services with any other operator.

On the West Coast, Sonal Mehta is continuously recognized as a top-tier litigator in the IP space, especially for her role representing titans of the life sciences and technology industry. Recently, she represented Ionpath, a venture-backed start-up by three Stanford professors who sought to commercialize their technology for biological tissue analysis, against competitor Fluidigm. The Northern District of California, in an accelerated patent “showdown” procedure, ruled Ionpath did not infringe the “showdown” claims. After the decision, Fluidigm dismissed its interference with contract claims, and later the plaintiff dismissed the rest of the claims in its appeal. The matter closed confidentially.

Labor and employment
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.