New York

Firm overview

Kirkland & Ellis LLP is a global law firm with more than 3,000 attorneys representing clients in private equity, M&A and other complex corporate transactions, litigation and dispute resolution/arbitration, restructuring, and intellectual property matters. The Firm has 18 offices around the world: Austin, Bay Area, Beijing, Boston, Brussels, Chicago, Dallas, Hong Kong, Houston, London, Los Angeles, Munich, New York, Paris, Salt Lake City, Shanghai and Washington, D.C.

Litigation: Kirkland & Ellis is renowned for its experience in complex litigation and arbitration. The Firm believes that the best litigation results occur when the lawyers are fully prepared to try the case through verdict. Because of Kirkland’s trial-ready philosophy and training, the Firm is able to offer clients a deep bench of lawyers who have been taking cases to verdict since the early stages of their careers. Whether in the courtroom, at the bargaining table or helping clients avoid risks without litigation, Kirkland has a long and proven track record of generating successful results for clients in their most high-stakes cases matters.

The Litigation Practice Group comprises approximately 600 attorneys throughout the firm’s worldwide offices. Kirkland represents clients in trial and appellate courts at the federal and state level, before administrative tribunals, and in arbitrations and other dispute resolution proceedings. The Firm also represents clients in connection with proceedings involving government agencies, such as the Securities and Exchange Commission, US Attorneys General Offices, the Financial Industry Regulatory Authority, the New York Stock Exchange, the US Department of Justice, the Federal Trade Commission, the US Patent and Trademark Office, the US Department of Labor and the Internal Revenue Service.

Kirkland litigators have successfully litigated cases in virtually every substantive area and business segment including accountant liability, antitrust and competition, appellate, class action, mass tort and toxic tort, insurance, data privacy, labor and employment, breach of contract and securities litigation.

Kirkland has been recognized by clients and the media for its achievements in litigation:

• For the 11th time, Kirkland was selected as one of the “Fearsome Foursome” in BTI Consulting’s 2022 Litigation Outlook report.
• In 2021, Kirkland ranked #1 in The Lawyer’s “Global Litigation Top 50,” the fourth consecutive year the Firm earned that distinction.
• Kirkland was awarded “Illinois Firm of the Year” at the 2021 Benchmark Litigation US Awards, the eighth straight year the Firm has earned that distinction.
• Law360 named Kirkland among the 2021 “Practice Groups of the Year” for Appellate.
• Kirkland was named “Law Firm of the Year” for Commercial Litigation by U.S. News and World Report and Best Lawyers in their 2022 “Best Law Firms” rankings.
• National Law Journal named Kirkland as a “2020 General Litigation Department of the Year” in Washington, D.C.

Intellectual Property Litigation: Kirkland & Ellis’ Intellectual Property Practice Group is one of the oldest such practices in a full-service firm in the country, having been an integral part of Kirkland since 1925. Kirkland has approximately 200 intellectual property lawyers who are experienced in a variety of technical disciplines and registered to practice before the US Patent and Trademark Office. More than 70 percent of the lawyers are engineers and scientists trained with degrees and professional backgrounds in technical areas.

Kirkland has one of the most respected intellectual property litigation practices in the country, with particular experience in large-scale patent, copyright, trademark, trade secret misappropriation and advertising matters. The work of the group frequently extends to antitrust, securities/compliance, products liability and appellate matters.

Kirkland’s experience in venues where IP cases are most often litigated is extensive. The Firm tries cases before juries, judges and arbitrators in venues across the country including state courts, district courts, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, the International Trade Commission and the Patent Trial and Appeal Board. Kirkland has one of the most active trial practices in the country. Our success rate at trial is among the best, with only a few of losses over the last 10 years despite handling some of the most challenging litigation cases in history.

The Intellectual Property Practice Group has been recognized by numerous publications for its achievements:

• In Managing Intellectual Property’s 2021 IP Stars, Kirkland was named as a leading firm for Copyright, ITC, Life Sciences, Patent Contentious and Trademark Contentious.
• Kirkland was named to World Trademark Review magazine’s 2022 WTR 1000 list of the world’s top trademark law firms and was recognized as a Tier 1 firm for enforcement and litigation nationally and in New York.
• In 2021, Intellectual Asset Management (IAM) magazine recognized Kirkland in Tier 1 for Litigation: United States - National in its IAM Patent 1000 guide. The firm was also Tier 1 for Litigation in Illinois, New York and Washington, D.C.
• The New York Law Journal named Kirkland as its 2021 “Intellectual Property Litigation Department of the Year.”
• Law360 named Kirkland among the 2020 “Practice Groups of the Year” for Intellectual Property.  
• Managing Intellectual Property named Kirkland “U.S. National Patent Contentious Firm of the Year” and “U.S. Northeast – Trademark Contentious Firm of the Year” at its 2021 Americas Awards.

Please visit our website at www.kirkland.com for additional information about Kirkland and office contact information.

Updated June 2022

Firm overview

McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve. 

Key capabilities:

Litigation and Dispute Resolution: Our litigation and dispute resolution lawyers are dedicated to providing passionate client advocacy through superior trial skills and incisive industry knowledge. Our litigation lawyers collaborate with colleagues across the Firm, to bring our clients fully developed solutions that make meaningful progress toward their business goals, in and out of the courtroom.

White Collar: Our white-collar team has tried hundreds of cases in courts throughout the United States and internationally, and draws on the unmatched insights of our lawyers who previously served as senior federal prosecutors. We are able to assemble strong, lean teams of seasoned legal counsel, to spot—and mitigate—potential compliance risks, respond quickly to government investigations and provide world-class defense in qui tam actions, criminal charges and parallel proceedings.

Antitrust Litigation: We provide effective, coordinated counsel on US antitrust law, EC competition law, China’s Anti-Monopoly Law and other competition regimes worldwide to help our clients eliminate roadblocks and achieve business goals. Our top-ranked lawyers are deeply familiar with all major US and international regulatory frameworks and dispute-resolution forums. We assist clients with challenges resulting from increasing antitrust activity, cross-jurisdictional government investigations and private litigation.

Intellectual Property Litigation: For business leaders leveraging intellectual property to drive growth or defend market position, we are your secret weapon in the boardroom and the courtroom. We help you respond quickly to changing market dynamics with actionable recommendations designed to capitalize on opportunity and mitigate risk. We work to uncover value at every stage of the IP lifecycle and we marry our business savvy, technical acumen and personal passion to help you benefit from it.

Employment: Pairing deep resources with broad geographic coverage, we meet the rapidly evolving needs of employers in virtually every sector, delivering a complete legal offering covering the full spectrum of employment and labor issues. We help develop and implement effective employment policies, defend clients in government investigations and compliance audits, and bring first-chair trial skills when defending employers in courts around the world.

Our team engages in every aspect of civil, regulatory and commercial defence litigation, including:

• Accountant Defense
• Antitrust Litigation
• Class Action
• Commercial Litigation
• Employment Litigation
• ERISA Litigation
• Insurance Litigation & Counseling
• Intellectual Property Litigation
• International Arbitration
• Privacy Litigation & Governmental Investigations
• Product Defense
• Securities Litigation
• Trade Secrets Litigation
• Trust & Estates Controversy

Updated Oct 2022

Firm overview

Founded in 1969, Schulte Roth & Zabel (SRZ) is a full-service law firm with offices in New York, Washington, DC and London. As one of the leading law firms serving the financial services industry, the firm’s Litigation Group litigates for an array of clients, including credit and direct lending funds, hedge funds, private equity firms, shareholder activists, and ESG investors, as well as financial institutions and pubic companies, among others.

The SRZ Litigation Group has extensive trial experience and a proven track record of success in complex civil and criminal matters, as well as our negotiation and dispute resolution expertise. Our unparalleled team features both leading lawyers focused on general litigation and others in highly specialized areas, including antitrust; litigation finance; securities litigation, including class actions and derivative suits; shareholder activism, proxy contest and mergers and acquisitions matters; bankruptcy, reorganization and creditors’ rights disputes; labor and employment litigation; intellectual property actions; real estate; trusts, estates and family law disputes; SEC and FINRA investigations and enforcement actions; federal and state criminal investigations and prosecutions (anti-money laundering, OFAC and FCPA matters); and white collar criminal defense. Among our litigators are a fellow of The American College of Trial Lawyers, numerous former Assistant U.S. Attorneys, state prosecutors and senior members of the SEC Enforcement Division. In addition to the Benchmark Litigation recognition, our litigators are recognized by all of the leading attorney ranking publications and we were named “Asset Management Group of the Year” by Law360 for our litigation work on behalf of prominent private investment funds.

Among our full suite of services, the firm also advises clients on corporate and transactional matters and provides counsel on regulatory, compliance, enforcement and investigative issues. The firm advises funds and managers on an array of strategies, including credit and direct lending funds, hedge, private equity, CLOs, specialty finance, long/short equity, global macro, activist, blockchain technology, digital assets, litigation finance, LBO, distressed, real estate and venture, among others.

Updated Sep 2022

Firm overview

With more than 120 trial lawyers across offices in Austin, Dallas, Houston, Los Angeles, Marshall (TX), New York, and Washington, DC, McKool Smith has established a reputation as one of America’s leading trial firms. The firm has secured 13 nine-figure jury verdicts and15 eight-figure jury verdicts, obtaining more VerdictSearch and The National Law Journal “Top 100 Verdicts” than any other law firm. Courtroom successes like these have earned McKool Smith critical acclaim and helped the firm become what The Wall Street Journal describes as “one of the biggest law firm success stories of the past decade.” McKool Smith represents leading clients in complex commercial litigation, intellectual property, bankruptcy, and white collar defense matters.

Commercial litigation: McKool Smith specializes in complex commercial litigation. The firm litigates and regularly tries complex cases across a broad range of practice areas including antitrust, bankruptcy, entertainment, class action, contract, corporate governance, energy, fiduciary duty, insurance recovery, mergers and acquisitions, real estate, securities, and qui tam/whistleblower, among others. The firm’s attorneys also routinely appear in leading arbitral forums (e.g., JAMS and AAA) and appellate courts nationwide, including the US Supreme Court.

Intellectual property litigation: McKool Smith’s courtroom track record in intellectual property (IP) cases is unrivaled. Over the past 20 years, this distinguished trial team has won more patent litigation damages than any other firm (3 billion+). The firm represents both plaintiffs and defendants in all aspects of IP litigation including patent litigation; ITC/Section 337 disputes and investigations; copyright, trademark, and false advertising litigation; and trade secret disputes. The firm’s attorneys also represent clients before the U.S. Court of Appeals for the Federal Circuit and the Patent Trial and Appeal Board. The IP practice has been recognized as the US “Plaintiff IP Firm of the Year” by Managing IP, “Intellectual Property Firm of the Year” by Benchmark Litigation, and “IP Group of the Year” by Law360, among other honors. 

Insurance recovery: McKool Smith’s litigators have more than 30 years of experience effectively leading clients through high-stakes coverage and liability disputes against their insurance providers. Collectively, the firm’s lawyers have obtained more than $5 billion in insurance-related recoveries for clients across a broad range of industries including manufacturing, chemical, entertainment, pharmaceutical, financial, education, and healthcare, among others. 

White-collar defense: The firm’s white-collar defense practice is led by former federal prosecutors with experience in virtually every type of government investigation and prosecution. They defend alleged art, bank and securities fraud; insider trading; and antitrust, environmental, FCPA, OFAC, and tax violations, among other matters. The firm’s attorneys have also been appointed to monitorships and guided corporations, boards, and committees through internal investigations. 

Bankruptcy: The firm’s bankruptcy practice focuses on complex disputes arising under bankruptcy and related state and federal laws, representing trustees, debtors, creditors’ committees, and other parties. The firm also handles complex reorganization proceedings and out-of-court restructurings.

Diversity & Inclusion: McKool Smith is the proud home of a team of top-notch lawyers who, without limitation, celebrate diversity and the creativity and innovation it promotes. The firm understands the value of collaboration among lawyers with a range of backgrounds and experiences and the synergies gained by drawing from a variety of perspectives. Our commitment to hiring and retaining a diverse team enables us to provide superior service to our clients in a workplace where elite trial attorneys attain the highest level of professional satisfaction.

Communicating with juries is at the heart of what we do, and no two jurors are the same. Top to bottom, McKool Smith has taken steps to ensure, that our lawyers can make connections where it matters most, that we reflect the communities we serve, and that diversity is woven into every stitch of the firm’s fabric. Together. Stronger.

Diversity is a core value and a force multiplier. Study after study has shown that diverse teams perform better, irrespective of industry or geography. Diverse companies attract top talent, enjoy greater employee retention, and elevate decision making and customer service to achieve better results. It’s how you win.

As outlined in our Diversity Policy, McKool Smith is committed to recruiting, retaining, and promoting a diverse team of lawyers and legal professionals and fostering a culture of inclusion. To honor this commitment, our Diversity Committee is charged with ensuring the continuous improvement of the firm’s diversity and inclusion efforts and oversees the administration of our Diversity Action Plan, which features strategies to help meet these goals. The action plan includes mandates for:

• Monitoring and promoting the Diversity Policy;
• Communicating the firm’s diversity initiatives internally and externally;
• Focusing on inclusion, mentoring and diverse staffing on client matters;
• Enhancing our diversity recruiting efforts for both law students and laterals; and 
• Improving, expanding, and promoting our relationships with organizations supporting the interests and advancement of minorities, women, and other communities that are underrepresented in the legal industry.

In January 2020, McKool Smith retained Coston Consulting, a certified minority/Black-owned business advisory firm, to oversee development and implementation of the firm’s diversity initiatives in collaboration with the Diversity Committee. Michael Coston, the firm’s CEO, acts as McKool Smith’s external diversity & inclusion officer.

Other Offices: Austin · Houston · Los Angeles · Marshall · New York · Washington, D.C.

Updated Sep 2022