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:
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 2024
The Susman Godfrey Difference
Susman Godfrey is America’s premier litigation boutique. Our talented group of lawyers handle high-stakes litigation for plaintiffs and defendants nationwide. With over 170 trial lawyers in four offices from coast to coast, we handle the most challenging cases throughout the country. We offer a broad range of creative, flexible fee structures which align our and our clients’ interests. Traditional hourly billing accounts for a small percentage of our work. Because we often share risk with our clients, we are committed to their success.
At Susman Godfrey, we approach each case as if it is headed for trial. Everything that we do is designed to prepare our attorneys to persuade a jury. When you are represented by Susman Godfrey, the opposing party will know that you are willing to take the case all the way to a verdict if necessary—this fact alone can make a good settlement possible.
We’re Number 1
Susman Godfrey has a longstanding reputation as one of the premier firms of trial lawyers in the US. We have been named the nation’s best litigation boutique by Vault 13 years in a row (every year since they started ranking). Benchmark Litigation named us Trial Firm of the Year in 2022 and Commercial Litigation Firm of the Year in 2023. The American Lawyer named us Boutique Litigation Firm of the Year in 2019 and 2023. Our lawyers are regularly recognized by legal media and researchers as leaders in their field.
Unique Perspective
Susman Godfrey represents both plaintiffs and defendants. We thrive on variety, flexibility, and creativity. Clients appreciate the insights that our broad experience brings. Our dual perspective informs not just our trial tactics, but also our approach to settlement negotiations and mediation presentations. We are successful in court because we understand our opponent’s case as well as our own.
Unparalleled Talent
Susman Godfrey prides itself on a talent pool as deep as any firm in the country. Clerking for a judge in the federal court system is considered to be the best training for a young trial attorney. Over 96% of our lawyers served in these highly sought-after clerkships after law school. Ten of our trial lawyers have clerked at the highest level—for Justices of the United States Supreme Court.
A Record of Winning
No matter the practice area or side of the courtroom, our lawyers are adept at becoming experts on the relevant subject matter, committing to the client’s ultimate goal, and working tirelessly to exceed expectations. Major victories include:
· Secured historic $787.5 million deal with Fox News Network to resolve defamation claims brought by client, Dominion Voting Systems.
· Secured landmark win for Flutter Entertainment in multi-billion dollar arbitration against Fox Sports Group.
· Achieved a groundbreaking $418 million joint settlement on behalf of a nationwide class of home sellers with the National Association of Realtors that resolveD claims in four antitrust class actions against NAR.
· Secure a first-of-its-kind dismissal of the FTC’s federal and administrative antitrust challenges to client ICE’s proposed $11+ billion acquisition of Black Knight, Inc.
· Won a $341 million jury verdict on behalf of Dutch telecommunications company Koninklijke KPN N.V. (KPN) in a breach of contract dispute with Samsung Electronics.
· Secured a $600 million settlement for residents of Flint, Michigan in the nationally followed Flint Water Crisis litigation.
· Serve as National Trial Counsel for Walmart in many high stakes legal matters.
· Won a $25.25 million jury verdict for client, Steven Lamar, in a contract and IP dispute with Dr. Dre and Jimmy Iovine over the iconic Beats headphones ― this verdict was also included on The National Law Journal’s ‘Top 100 Verdicts of the Year’ list.
· Secured a favorable settlement for defendant, Uber, in its epic battle against Google’s Waymo over self-driving car technology.
· Won a jury verdict valued at $160 million for General Electric in its legal battle against the Nebraska Investment Finance Authority.
· Secured one of the largest settlement awards ever to a single whistleblower in a False Claims Act case ― over $450 million from Novartis Pharmaceuticals, who was accused of defrauding Medicare and Medicaid by illegally paying kickbacks to pharmacies so they would recommend Novartis’s medications to doctors and patients.
· Secured a settlement valued at $100 million for a certified class of plaintiffs in a copyright infringement class action against well-known music streaming service, Spotify.
· Won a defense-side jury verdict on behalf of The Rawlings Company in a certified class action challenging the company’s classification of its employees. After a three-week jury trial in Kentucky state court, the jury decided in favor of the defense.
· Won a $50.3 million federal jury verdict for Green Mountain Glass, in a patent infringement lawsuit against Ardagh Glass. The verdict was #34 on National Law Journal’s “Top 100 Verdicts of 2017” list.
· Secured a $91.25 million settlement for insurance policy owners in 37 Besen Parkway, LLC v. John Hancock Life Insurance Company.
· Secured over $1.2 billion with several international automobile parts suppliers in the In Re Automotive Parts price-fixing class action.
· Recovered $40 million for a class of derivatives investors in a securities class action against Valeant Pharmaceuticals International, Inc. The deal is believed to be the largest recovery ever obtained on behalf of derivative investors in history.
Updated Oct 2024
Since its founding in 1996, Hoguet Newman Regal & Kenney, LLP has provided the most sophisticated counsel to clients across the country in their highest-stakes matters. The firm remains small by design, preserving a model that demands the utmost standards, personal attention, and a focus on efficiency.
HNRK lawyers bring decades of experience at leading Am Law 100 law firms and government agencies, and are recognized for excellence in commercial litigation generally, and in the specific areas of insurance recovery, employment, white collar defense, construction disputes, and the representation of public agencies.
Main Areas of Practice:
Commercial Litigation & Dispute Resolution: HNRK lawyers litigate large-scale, complex, and sophisticated matters in federal and state trial and appellate courts and arbitral forums nationwide. HNRK has successfully represented individuals and businesses, from startups to Fortune 500 companies, in a full range of business disputes and has handled numerous matters with billions of dollars at stake. HNRK attorneys are creative and resourceful in identifying best approaches to resolve client matters and in quickly assembling effective, efficient, and tightly focused teams to address and resolve potential or actual disputes cost-effectively and with maximal benefit to the client. Among other high-profile trials, the firm recently represented plaintiffs in an intellectual property licensing dispute involving the famous Palm restaurant, resulting in a $120 million award at trial, unanimously affirmed by the New York appellate court.
Insurance Recovery Litigation & Counseling: HNRK represents policyholders only. Beyond that, the firm places no limits on its leading insurance practice, which has secured hundreds upon hundreds of millions of dollars for its clients. HNRK is regularly sought out by corporate policyholders to advise and represent them in complex and valuable insurance coverage disputes. The firm is known for its ability to aggressively and creatively develop solutions to maximize clients’ insurance recoveries. Among other engagements, HNRK serves as coverage counsel to the world’s largest agrochemical company, Syngenta, and the communications, media, and automotive conglomerate, Cox—regularly advising and representing them in connection with losses and claims implicating numerous different types of coverage. The firm is also coverage counsel for high-profile individuals and has obtained coverage for clients facing headline-grabbing claims. The firm has delivered successful outcomes for clients through litigations in courts around the country, as well as through arbitrations and mediations in the U.S. and internationally, and through negotiated settlements. The firm recently won a trial in the Delaware Superior Court for Syngenta in a case implicating hundreds of millions of dollars of losses arising from thousands of personal injury claims; in a precedential decision, the Delaware Supreme Court upheld the trial court’s two summary judgment rulings in favor of Syngenta.
Employment Litigation & Counseling: HNRK’s Employment Litigation & Counseling practice is unique in that its employment attorneys have significant expertise in litigation through trial and arbitration, including at administrative agencies. HNRK stands ready to further clients’ interests, whether they are startups or large multinationals, public sector or private, international or domestic. HNRK represents management clients in employment litigation involving discrimination, harassment, retaliation, or illegal pay practices; prosecuting or defending claims arising from restrictive covenants; and other employment-related agreements. HNRK also conducts internal investigations for company clients regarding all kinds of discrimination and retaliation claims, and its partners are members of the Association of Workplace Investigators.
Construction Litigation & Counseling: HNRK has extensive experience counseling, litigating, and arbitrating on behalf of public and private clients in the construction, engineering, and real estate fields in matters involving project delays, change order disputes, differing site conditions, and other contract issues. This experience includes, for example, the firm’s longtime representation of the Metropolitan Transportation Authority in New York and its affiliated operating authorities in connection with its capital construction program, in addition to the firm’s representation of private contractors. HNRK’s insurance recovery practice also includes representation of policyholders in construction-related insurance claims, where insurance for alleged construction damage may be challenged by the insurer.
White Collar Defense & Government Investigations: HNRK represents individuals and corporations facing a broad spectrum of complex government investigations, regulatory issues, and civil and criminal litigation, including foreign criminal and tax investigations. The successes secured on behalf of clients include favorable outcomes in cases involving internal corporate investigations of alleged securities fraud; government investigations of alleged corporate wrongdoing; and the Securities Exchange Act, Investment Company Act, Investment Advisers Act, and Foreign Corrupt Practices Act.
HNRK is certified by the State of New York and the City of New York as a Women-Owned Business Enterprise.
Practice Areas and Industries:
Updated Sep 2024
A National and International Litigation Practice: Wachtell Liption has represented clients in some of the world’s largest and most complex disputes, including domestic and cross-border deal litigation, corporate governance disputes, white collar and regulatory defense, commercial, securities and bankruptcy litigation, complex settlements, appeals, and arbitration. Our litigators have a long history of handling cutting-edge merger litigation, including many of the most significant takeover defense battles in history. We are called upon to play a central role in high stakes and high profile matters generally, including litigation related to the tragic events of 9/11, the recent financial crisis, and other litigations with fundamental consequences for our clients. We also assist our clients with sensitive internal and law enforcement investigations. In addition, our litigators engage in significant pro bono activity at both the trial and appellate court levels, write and speak in areas of expertise, and teach at the nation’s top law schools.
Our Approach to Litigation: A tight-knit group of approximately 75 lawyers, we approach each matter with intensity, thoroughness and creativity and build teams appropriate to the circumstances. We approach our clients’ legal issues within the larger framework of their strategic, business, and financial goals. We specialize in matters that require careful attention, tested experience, and a high degree of expertise. We handle litigation at all stages, from pre-suit counseling and investigations through trials and appeals. Engagements undertaken by the firmare at all times afforded the direct personal attention of partners possessing relevant expertise. Our approach is to achieve the best result for the client as quickly as possible. We regularly take cases to trial and win before judges, arbitrators and juries. But we also know when it makes sense to settle, and we have structured some of the largest and most complex litigation settlements to date.
Takeover and Merger Litigation: Wachtell Lipton is known for trendsetting takeover, transactional, and corporate governance litigation. We litigated the Revlon, Household, and other cases in the 1980s that set the doctrinal framework for all subsequent deal litigation. And we continue to lead in the area — year after year, the firm handles the most important corporate governance and takeover cases in the nation, from the seminal case Corwin v. KKR Financial, which recognized the merger ratification defense to the successful Airgas trial (in which the court reaffirmed the “poison pill” takeover defense against a generation of attack) to the successful Vulcan trial (in which the Firm secured an unprecedented order enjoining a hostile takeover bid) to the successful Sotheby’s defense of the company’s shareholder rights plan against an activist investor attack; to Allergan’s closely watched takeover battle with Valeant and Pershing Square, resulting in a groundbreaking preliminary injunction that set new federal precedent against unfair tactics in takeover bids, to Twitter’s successful litigation to compel Elon Musk to complete his $44 billion acquisition of the company. Other leading merger cases we have litigated include: Paramount Communications, Inc. v. Time, Inc.; Paramount Communications, Inc. v. QVC Network, Inc.; and IBP, Inc. v. Tyson Foods. Our litigators also have led the charge against appraisal arbitrage litigation, securing post-trial victories in the appraisals of Ancestry.com, SWS Group, PetSmart, and AOL. And we have been the thought leaders behind innovative corporate litigation developments in books-and-records suits and stockholder forum-selection bylaws.
Complex Commercial and Securities Litigation: Wachtell Lipton's approach to complex commercial and securities litigation also exemplifies our focus on fresh thinking and creative solutions and the fact that we are called upon to handle some of the nation’s biggest and most complex cases. We represented National Australia Bank in the landmark Morrison case, in which the U.S. Supreme Court held that Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5 apply only to purchases and sales of securities in the United States. The decision overturned 40 years of lower-court precedent and eradicated a burgeoning species of securities litigation along with billions of dollars in potential liability for foreign securities issuers. We successfully defended Goldman Sachs in Baker v. Goldman Sachs, a five-week jury trial in federal court in which co-founders and major shareholders of a speech-recognition software company, Dragon Systems, were challenging Goldman’s investment banking advice and seeking over half a billion dollars in damages. We helped Bank of America contain its mortgage exposures arising from the financial crisis, including by negotiating Bank of America’s landmark $8.5 billion settlement of claims involving more than 500 trusts for mortgage-backed securities issued by Countrywide and in resolving multibillion dollar claims arising from the foreclosure crisis with the federal government and 49 state attorneys general. Following the tragic events of 9/11, we were called upon to represent the leaseholder of the World Trade Center in two jury trials with its property insurers that ultimately helped it secure enough money to rebuild the site. And we continue to represent Philip Morris USA in arbitrations and litigation that have arisen under the landmark 1998 settlement between the major tobacco companies and 52 states and territories, after previously structuring and negotiating this more than $200 billion settlement, and in 2022 successfully defended the company’s successor Altria in defense of the FTC’s effort to unwind Altria’s 2018 investment in JUUL as anticompetitive under the antitrust laws, where we achieved complete victory in the FTC’s own administrative court.
Bankruptcy and Restructuring Litigation: Wachtell Lipton has a long and successful record representing major parties in litigation relating to bankruptcy cases and other debt-related issues. We have represented major companies in the successful defense of actions brought by bankruptcy trustees and creditors. We represented JPMorgan Chase in: (1) the Lehman Brothers bankruptcy, where the firm obtained summary judgment dismissing $8.6 billion of estate claims; (2) the Bernard Madoff liquidation, where the firm obtained dismissal of claims by the trustee seeking $18 billion in damages; and (3) the General Motors bankruptcy, where we successfully defended the bank at trial from fraudulent transfer claims seeking $1.5 billion. We represented Campbell Soup at trial and on appeal in defeating a fraudulent transfer challenge to the spin-off of Vlasic Pickles. On behalf of Education Management, the firm defeated an attempt to enjoin the company’s $1.5 billion restructuring and won a precedent-setting appeal from a judgment under the Trust Indenture Act. We have represented private equity firms, hedge funds, and other clients in significant contested matters arising in chapter 11 cases, including Toys “R” Us and Energy Future Holdings. We also represent companies in defending litigation and default claims by activist debtholders.
White-Collar and Regulatory Enforcement: Wachtell Lipton has a leading white-collar criminal and regulatory practice. We have represented major financial institutions and multinational corporations, as well as their boards of directors and senior executives, in a broad range of the most complex and typically high-profile white-collar criminal and regulatory enforcement matters, both nationally and internationally. In the past few years alone, our litigators have handled both U.S. and foreign governmental investigations focusing on the Foreign Corrupt Practices Act, criminal tax evasion, criminal transfer pricing, the False Claims Act, insider trading, securities fraud, accounting fraud, criminal antitrust, crypto regulation, and export control violations. In addition, we regularly represent boards, audit committees, and special committees charged with conducting special investigations in response to whistleblowers or governmental inquiries.
Updated Sep 2023