Shearman & Sterling LLP distinguishes itself by harnessing the intellectual strength and deep experience of its lawyers across its extensive global footprint. The firm represents many of the world’s leading corporations, financial institutions, emerging growth companies, governments, and state-owned enterprises. Those clients, in turn, continue to choose Shearman & Sterling for its distinctive ability to leverage the knowledge and judgment of one of the world’s largest and most accomplished cross-border legal teams—a team ideally situated to help clients on their complex business transactions.
Our Litigation Practice: Shearman & Sterling’s Litigation Group is strongly positioned to counsel and protect clients in today’s challenging environment. With attorneys in the United States, Europe, and Asia, our team is ready to assist in any crisis, whether the adversary is a government regulator, a competitor, or a well-funded class action attorney.
Never before have clients faced the array of potential controversies that they do today. Prosecutions and enforcement proceedings relating to alleged business improprieties are at an all-time high. Settlements in securities and antitrust class actions regularly break previous records. What were once mundane commercial disputes have transformed into “scorched earth” battles in which adversaries root through millions of emails and electronic documents.
Such challenging times demand attorneys with the experience to counsel clients through difficult problems, and the fortitude to bring a case to trial if that is the necessary course. Our attorneys are experienced in a wide range of substantive areas, including securities, white collar defense, antitrust, anticorruption/FCPA, M&A litigation, patent litigation, commercial disputes, and arbitration. Equally important, we are trial-ready and trial-tested. Our partners include former prosecutors who have tried dozens of jury trials in United States courts. We are equally strong in the arbitration area, handling numerous contested proceedings every year.
Our attorneys are experienced in a wide range of litigation. The key areas in which we practice include:
Securities Litigation: Aggressive regulators and well-funded class action attorneys have ushered in a new era of high-stakes securities litigation. We handle all such matters, including shareholder class actions, SEC proceedings, corporate governance issues, contested takeovers, and shareholder disputes. Our Securities Litigation Practice draws not only on our litigation attorneys with experience in that area, but also on our top-tier corporate transactional practice, which has been involved in cuttingedge securities issues for many years.
White Collar Defense, Regulation and Enforcement: Our white collar team features former federal prosecutors and regulators with extensive experience representing companies, boards of directors, and individuals in internal investigations, civil and criminal enforcement proceedings, and at trial. Recent experience includes major investigations concerning price-fixing, the Foreign Corrupt Practices Act, insider trading, and other financial fraud.
Antitrust Litigation: Antitrust Litigation: We represent clients across a wide range of industries and counsel them on issues involving all aspects of antitrust and competition law. In the US, we regularly represent clients in civil and criminal matters relating to Sherman Act Section 1 price-fixing, group boycott and market allocation claims; Sherman Act Section 2 monopolization claims; claims arising under state antitrust and unfair competition laws; and merger cases. Similarly, in Europe, we have counseled and represented a wide range of clients in relation to cartels, cooperation agreements, dominance cases, mergers, and state aid in front of the European Commission and national competition authorities.
M&A Litigation: Clients rely on Shearman & Sterling to provide a one-stop solution for the most complex M&A transactions, the associated due diligence, as well as any litigation that may ultimately arise. Our litigators work closely with our transactional M&A attorneys and are often involved at the earliest stages of the transaction to provide advice and guidance throughout the process.Our M&A litigators represent corporations, investment banks, boards of directors, special committees, and other major players involved in highstakes transactional litigation.
Commercial Disputes and Business Law: We have represented corporations, partnerships, joint ventures, and other entities in a variety of business-related disputes relating to breach of contract, fraud, professional malpractice, business torts, and insurance and reinsurance matters. Intellectual Property Litigation: Our intellectual property litigation practice offers a full range of legal services relating to the defense, enforcement and commercial exploitation of intellectual property assets. Our services include litigation and dispute resolution in district courts, at the ITC and before arbitral panels; inter partes and ex parte validity proceedings before the USPTO; and strategic counseling regarding litigation and licensing
Arbitration: Our attorneys handle both domestic and international arbitrations. The International Arbitration Group, centered in Paris, has particular experience in international arbitrations in the areas of investment, construction, energy, business combinations, intellectual property, and general commercial disputes. We have represented parties in arbitrations under the rules of all of the major worldwide arbitration organizations.
Practice Areas: Bankruptcy • Antitrust • Intellectual Property • White Collar Crime • International Arbitration • General Commercial • Securities Office Locations Abu Dhabi • Austin • Beijing • Brussels • Dubai • Frankfurt • Hong Kong • Houston • London, Menlo Park • Milan • New York • Paris • Riyadh* • Rome • San Francisco • São Paulo • Seoul • Shanghai • Singapore • Tokyo • Toronto • Washington, DC
(*Dr. Sultan Almasoud & Partners in association with Shearman & Sterling LLP)
Regularly hailed as one of the strongest litigation teams in the industry, the Debevoise litigation practice has been described by The American Lawyer as akin to “the Army Rangers—a small but elite group that works seamlessly and handles the most challenging cases,” consistently delivering outstanding results for its clients. Recent matters include:
Winning a unanimous U.S. Supreme Court victory concerning constitutional limits of state taxation for the Kaestner Family Trust
Securing a historic $6 billion ICSID arbitration win for Tethyan Copper Company Pty Limited
Dismissal of a $14.5 billion qui tam lawsuit filed against Prudential, John Hancock, AXA, Guardian, MassMutual, TIAA and others in the New York Supreme Court
Representing the Board of Directors of CBS Corporation in an investigation of sexual harassment allegations against the CEO and senior personnel
Defeating MZ Wallace’s trade dress infringement claim against our client Oliver Thomas in a complete victory at trial
Negotiating the favorable settlement of a lawsuit brought on behalf of Jane Doe, an 11-year old transgender girl, in her suit to use the girls’ restroom at her school
The firm’s litigation practice is led by co-chairs Mary Beth Hogan and Andrew Ceresney (the immediate past Director of Enforcement at the SEC) and features an all-star roster, including former Attorneys General Lord Peter Goldsmith QC and Michael Mukasey and former Chair of the SEC Mary Jo White, who returned to Debevoise in 2017 following her four-year tenure. Ms. White, who previously served as U.S. Attorney for the Southern District of New York for nine years, is Senior Chair of the firm and leads the Strategic Crisis Response and Solutions Group.
Their team also includes 14 former Assistant U.S. Attorneys or Department of Justice attorneys, including a former federal district court judge, the former Chief of the Criminal Division of the Southern District of New York, the former Acting Assistant Attorney General for the DOJ Criminal Division, the former Deputy Assistant Attorney General for National Security and three former Unit Chiefs of the SEC’s Division of Enforcement.
The breadth of experience offered by Debevoise in and out of the courtroom sets their litigators apart. They bring personal attention, seasoned judgment, deep industry knowledge, credibility and substantive legal experience to each matter, tailoring advice to clients’ needs and circumstances. They work seamlessly and collaboratively with clients and co-counsel and across practices to achieve the best possible results for our clients.
Based in New York, Washington DC, London, Paris, Frankfurt, Shanghai and Hong Kong, their broadly skilled team of nearly 300 litigators handle domestic and cross-border disputes of every kind and complex matters in courts in the United States, the United Kingdom, Hong Kong, France and elsewhere, as well as before arbitration tribunals, agencies and administrative bodies worldwide. They represent clients as plaintiffs and defendants in a wide range of areas, including:
Antitrust & Competition
Arbitration & International Disputes
Cybersecurity & Data Privacy
Insurance Industry Disputes
Labor & Employment Litigation
White Collar & Regulatory Defense
Another notable and distinguishing feature of the Debevoise litigation practice is the success of their women partners. For three consecutive years, Benchmark Litigation has named eight Debevoise women litigation partners among the “Top 250 Women in Litigation”—an exceptional ranking for a firm of its size.
It’s more than what you do: it’s how you do it. At O’Melveny, we measure our success by our ability to help our clients and communities succeed. And as lawyers who prioritize service, we aim to make the experience of working with us as satisfying as the outcomes we achieve. Across sectors and borders, in boardrooms and courtrooms, our team brings dedication, depth, and creativity to every endeavor.
O’Melveny’s reputation as a litigation powerhouse is built on a long record of delivering successful—and often groundbreaking—results in high-impact cases. Exemplifying what Benchmark Litigation calls O’Melveny’s “commanding presence on the world stage,” our lawyers litigate cases in all 50 states, every federal circuit, the US Supreme Court, and major venues across Asia and Europe. And we achieve favorable outcomes at every stage of litigation: positive trial verdicts, case-dispositive legal rulings, landmark appellate victories, and liability-erasing settlements.
A few of our recent achievements and engagements:
• Advanced Micro Devices. Secured dismissal of two related class actions arising from an alleged security vulnerability that affects nearly all computer microprocessors.
• AT&T–Time Warner. Successfully defended the companies’ landmark US$85.4 billion merger against the US Department of Justice in the “antitrust trial of the century.”
• Chevron Corp. Defeated an ERISA class action filed on behalf of current and former participants in Chevron’s 401(k) plan—one of several suits O’Melveny has defended targeting the management of employee retirement plans.
• China Agritech, Inc. Scored an important win for class-action defendants when the US Supreme Court unanimously ruled that statutes of limitations cannot be extended to permit follow-on class actions.
• Century Indemnity Co. Persuaded the New York Court of Appeals to adopt a methodology for allocating insurance coverage favoring insurers, a far-reaching victory that limits what costs are recoverable—and who bears responsibility for them—when insurance is “unavailable” in the market.
• Colgate-Palmolive Co. Representing Colgate subsidiary Hill’s Pet Nutrition in more than 21 putative class actions arising from Hill’s voluntary recall of certain pet foods that, due to a supplier error, contained potentially elevated levels of vitamin D—an otherwise essential nutrient.
• Government of Puerto Rico. Guiding the Commonwealth of Puerto Rico through the restructuring of more than US$70 billion in public-sector debt and US$50 billion of pension obligations—the most closely watched and largest restructuring in recent years.
• Harvard University. Achieved a summary judgment victory in a widely covered Title IX case involving allegations of campus sexual assault.
• Johnson & Johnson. Won a complete defense verdict in the first bellwether trial in a California Coordinated Proceeding involving the antipsychotic medication Risperdal and complete dismissal of an opioid lawsuit in Connecticut—one of some 2,000 such cases O’Melveny is defending for J&J in landmark litigation across the country.
• Pacific Gas & Electric. California Governor Gavin Newsom hired O’Melveny to work with his team to develop a comprehensive legal, legislative and regulatory approach to the issues facing California’s electric utilities and to provide strategic advice in connection with the PG&E bankruptcy.
• Samsung. Defeated antitrust claims seeking treble damages of more than US$3 billion in multidistrict litigation alleging the company conspired to fix prices of optical disk drives, a key component for reading and writing data on CDs, DVDs, and Blu-ray Discs.
• University of Southern California. Represented the board of trustees in an internal investigation and corporate governance matters related to the university’s knowledge of and response to alleged misconduct by a physician at the student health center.
• United Airlines. Secured two major summary judgment wins for United confirming that California labor-and-employment law does not apply to individuals who work primarily outside the State’s borders.
• Warner Bros. Successfully defended the renowned studio in well-publicized copyright disputes over The Conjuring franchise, including a US$900 million claim by an author who alleged six movies from the franchise infringed his book.
Our capabilities don’t stop there. As we detail on www.omm.com, O’Melveny has the depth and reach to cover specialties as diverse as Automated Vehicles, Fintech, Life Sciences and Water. We also handle:
Antitrust: Keen observers of the regulatory and political environment, whether extricating clients from legal challenges early and efficiently or achieving groundbreaking results in high-exposure cases.
Appellate: A renowned team of US Supreme Court specialists, having briefed the Justices and argued scores of cases over the past two decades.
Consumer Class Actions and Product Liability: Unparalleled experience working with a wide range of businesses facing class actions and other aggregated litigation to advance their goals and protect their interests.
Data Security and Privacy: Proven leaders in the public sector, including former senior officials from DHS, DOJ, US Attorney’s Offices, and the White House, ready to help clients respond to rapidly evolving risks and requirements.
Entertainment, Sports and Media: Recognized as key players in some of largest victories in the industry, spanning film, television, sports, music, production, and distribution.
Financial Services: Essential industry knowledge and experience to help clients navigate the challenges posed in a climate of intense regulatory scrutiny and increasing litigation.
Insurance: Seasoned advocates in the most challenging coverage and reinsurance cases, including mass tort and environmental actions.
Intellectual Property and Technology: Bringing an in-depth understanding of industry niches and specialized technical and scientific backgrounds to help companies enforce and defend their IP rights.
Labor and Employment: Equipped to confront the most critical issues employers encounter, including high-stakes wage-and-hour class actions, discrimination and wrongful discharge claims, and union disputes.
Securities Litigation: A trusted source of innovative solutions for clients navigating securities-related actions, with a decades-long track record of pretrial and trial victories.
White Collar Defense and Corporate Investigations: Drawing on a wealth of experience inside key federal and state enforcement agencies to conduct internal investigations and craft effective defense strategies for clients facing government scrutiny.
Gregory Payne, founder and principal of the firm, has been practising law in Hong Kong since 1993, and has established himself as a market-leading, highly successful litigator who regularly represents clients in high-profile cases.
We have established ourselves as leading advocates for victims of large-scale frauds and successfully made recoveries for them. We also have considerable experience identifying, freezing and recovering monies that have been stolen through email fraud, internet fraud, sham investment schemes, ponzi schemes and fake stockbrokers, and employee fraud.
Our lawyers are equally experienced in acting for both major corporations and high-profile individuals in complex civil litigation and criminal defence in the District and High Courts and Court of Appeal. Our ever-growing success and profile in the Hong Kong litigation arena has been recognised by an expanding number of accolades and awards in the past few years. We are an experienced, creative and tenacious litigation force in Hong Kong.