New York

While Anderson Kill offers a full range of litigation services including commercial, bankruptcy, securities and intellectual property, its primary calling card is insurance; in that regard, the firm is dedicated to policyholder-only matters. Far from finding this a limiting approach, the firm has instead excelled at this with gusto, and is revered by peers on both sides of the “V.” “These guys are zealots,” opines a peer. “They view insurance litigation as a ‘holy war - good and evil.’ But they know what they’re doing; they’ve been doing this a long time. They know these carriers and they’ve kept these files, meticulously protecting them.” The firm has also managed to parlay its reputation as a go-to shop for traditional insurance-related areas like asbestos into a haven where clients can turn in instances of more recent threats such as cloud-related data breach and privacy issues. “These types of matters - cybersecurity, the cloud! - are areas that Anderson Kill really got a head start on years ago.” Clients are equally appreciative; “Anderson Kill excels at representing businesses and individuals in insurance coverage and claim disputes. They literally wrote the book in this arena, entitled Insurance Coverage Litigation. They are outstanding lawyers, brief writers and strategists” Firm figurehead Robert Horkovich is applauded by all who come into contact with him, including adversaries. “I adore him, even though we are usually screaming at each other. No one fights harder for his clients, and no one keeps you on your game like him. Doing battle with him makes you a better lawyer.” One such client weighs in, “Bob Horkovich knows EVERYTHING about asbestos coverage litigation! All of his work [for us] has been exceptional.” In one of his many lead trial counsel appointments, Horkovich represents The Port Authority of New York and New Jersey in litigation commenced by its insurance company relating to coverage for numerous asbestos claims dating to the construction of the original World Trade Center. The matter, valued at over $50 million, was in front of the New York Supreme Court, which in November 2017 granted all five of Port Authority’s motions, ruling that coverage is triggered if claims allege exposure during the construction of the World Trade Center, that AIG has not set forth a valid argument of exhaustion of its policy, and that AIG’s duty to defend continues even after the policy exhausts. The court then reaffirmed its decision in April 2019. Horkovich also represented Siltronic in a policyholder matter, also against AIG. The client moved for summary judgment to the effect that an exclusion applied only if the pollution was expected or intended by the policyholder, in this case Siltronic, which bought the property not knowing that it already was contaminated. AIG moved for summary judgment that the exclusion applies if the releases to the environment were expected or intended by anyone, including the historic polluters and even neighbors. In July 2018, the court granted Siltronic's summary judgment motion and denied AIG's. Horkovich also represented the San Diego Unified Port District, once again against AIG, in a matter in which the client sought liability insurance coverage to help clean up the Port of San Diego arising from claims and suits. When AIG alleged exhaustion of policy limits and cut off funding, the Port filed suit. AIG recanted its claim of exhaustion, acknowledging that policy limits remained, but litigation continues as to when umbrellas take over what obligations and as to bad faith. In March 2018, the U.S. District Court for the Southern District of California ruled that AIG must pay claims under its umbrella policies in addition to its primary policies. The Court entered final judgment regarding these two important rulings in March 2019.

With origins in Boston and New York dating back to the 1940s, Brown Rudnick has since blossomed from a key player throughout New England into a strategically cultivated mid-Atlantic shop. Litigators within the firm are recognized for an aggressive, creative and indeed unconventional approach. A peer insists, “These are trial lawyers! They have guts and take bold positions. Now I may not always agree with these positions, but I’m impressed with them.” While it hosts attorneys attending to a broad range of commercial litigation, several star players have emerged as leaders in some rather novel areas. 

     The firm, and Washington, DC-based Ben Chew, landed squarely in the headlines for the representation of Johnny Depp in a massively publicized defamation case against his ex-wife Amber Heard. A Virginia jury unanimously ruled in favor of Depp following a six-week trial, finding that he had proven all elements of defamation. The seven-member jury awarded him $15 million, as well as $2 million to Heard on account of her counterclaim. Chew, a member of the American College of Trial Lawyers, notches himself a coveted position on this edition’s Top 100 Trial Lawyers list.In another controversial and highly public matter, New York’s Michael Bowe and Lauren Tabaksblat are representing more than 50 victims of child pornography, rape, and trafficking in a landmark lawsuit against MindGeek, the parent company of tubesite Pornhub, a dominant entity in the industry. The lawsuit alleges claims under the federal Racketeer Influenced and Corrupt Organizationslaws and the Victims of Trafficking and Violence Protection Act of 2000 and seeks damages for MindGeek’s exploitation of child sexual abuse materials and non-consensual content. Among other objectives, the lawsuit seeks to require MindGeek to impose stringent policies and procedures that ensure only legitimate, legally compliant consensual content is permitted on its platform. The complaint also asserts claims against Visa for knowingly participating and profiting in a human trafficking venture. The pursuit of claims against Visa is in clear recognition of the important role that banks and other institutions play in facilitating human trafficking and the unique role they each can play in bringing an end to these illegal activities. A peer marvels, “This is a really big step in making a difference. You might think, ‘It’s porn – who cares?’ right? But this really exposes just how shady some of it is and is forcing the industry and the public to confront it. It’s been reported that some 60% of Pornhub’s content has since been removed – that’s huge.” The same Brown Rudnick pair also represents Blueprint Capital Advisors, the only African-American asset manager in New Jersey, and one of the few in the country, in a landmark racial equality case against several governmental and business entities in the state, alleging the illegal misappropriation of a proprietary investment model Blueprint developed for public pensions and delivering the program to a rival investment firm. In response to Blueprint’s public challenges to defendants’ misappropriation, the client suffered a years-long and ongoing campaign of retaliation involving “blatant, aggressive, and unapologetic racist abuse.” 

     Brown Rudnick has also emerged as one of the most unflinching players in the bankruptcy litigation arena, specifically on behalf of creditors. “These are the bomb throwers,” observes one peer. “These are the people who you think about when you wonder, ‘Who do I call if I need a rabid dog?’” In particular, Robert Stark is identified as a leader. “Robert Stark thinks outside the box and helps drive a deal,” testifies a client. “He helped protect my interests and drive [a] positive outcome.” Stark, David Molton and Jeffrey Jonas (all based in New York) represented the Official Committee of Talc Claimants in the wake of Johnson & Johnson’s controversial October 2021 corporate transaction, colloquially referred to as a “Texas Two-Step,” dividing the company’s consumer products division into two companies and transferring all of the company’s talc-related tort liabilities to a newly created entity, which was then put into bankruptcy, with J&J demanding that the court extend all bankruptcy protections to the entire company conglomerate. “I love Jeff Jonas, he’s the best,” raves a peer. “There are some wonderful court illustrations of him just excoriating a witness on the stand who is just lying through their teeth!”

Cadwalader Wickersham & Taft is known as an historic New York full-service firm that is, in the words of several peers, “undergoing a renaissance in litigation. They are recruiting wisely and growing.” The most visible evidence of this assertion is the recent headline hires of former Boies Schiller commercial litigators Nick Gravante and Helen Maher. Gravante, formerly the managing partner at Boies during a transitional period for that firm, is a trial veteran and a dyed-in-the-wool commercial generalist. He represented Ashford Trust in a proxy contest, filing a motion for preliminary injunction, temporary restraining order and expedited discovery. Upon obtaining expedited discovery, the defendants voluntarily withdrew their director nominees before the preliminary injunction hearing, resulting in complete victory for Ashford. Gravante has also teamed up with fellow erstwhile Boies colleague Phil Iovieno on several antitrust matters in the plaintiff capacity, including one in which the duo represents more than a dozen opt-out plaintiffs alleging that the leading suppliers of broiler chickens participated in a multi-faceted price-fixing scheme, one of the largest and most sprawling antitrust matters of late. This same pair, along with Maher, represents medical device provider AngioDynamics in a lawsuit originally filed in 2017 alleging that competitor C.R. Bard and Bard Access Systems engaged in anticompetitive behavior by scheming to tie the sales of Bard’s tip location systems to the sales of its peripherally inserted central catheters (PICCs). AngioDynamics alleges that Bard has a policy of refusing to sell its tip location systems separate from its PICCs, despite customers’ requests. Longtime Cadwalader mainstay Jason Halper has been particularly active with a spate of securities cases, primarily in the M&A capacity, as well as general commercial matters. In a commercial/estate hybrid case, Halper represents Janus Henderson entities as defendants in a lawsuit concerning allegations that the defendants unlawfully took over the finances of the plaintiff’s father and stole money that his sister – the plaintiff – expected to inherit upon their father’s death. Over two years after the plaintiff filed suit, she added various financial institutions, including Janus Henderson. Halper also is active in the securities stock-drop class-action space, exemplified by his representation of Mizuho, the co-manager for the Viacom Class B Common Stock offering that occurred in March 2021. Within days of the offering, Viacom’s stock fell from $85 to $45 per share.  

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.

Cohen & Gresser is a boutique handling litigation, intellectual property and white-collar matters. While formed in 2002, the firm’s lawyers have rich histories; several of them initially honed their crafts at some of the country’s most respected firms. “Have you checked out what’s going at Cohen & Gresser lately? You should! There is some interesting work going on over there right now, and they have made great strides in the niche that they occupy,” insists a peer. “The firm is doing tremendously well. We call them ‘Cohen and Growin’!’ I had lunch with [managing partner] Larry Gresser and he dispensed great advice as to forging your own boutique made up of former big-firm premier talent. That’s what they did!” Gresser has kept busy representing Goldman Sachs in a case alleging a group boycott among major investment banks. The plaintiff alleges that their patented securitization model making use of a bankruptcy-remote special purpose entity to finance airport terminal construction will lower interest rates and volatility on airport special facility bonds and that banks allegedly boycotted the model to protect their profits from secondary-market ASF bond trading. Mark Cohen leads a team (which includes Gresser) that continues to act as court monitor for the Fire Department of New York (FDNY.) The team was appointed in 2011 by the US District Court for the Eastern District of New York to oversee implementation of the Court’s remedial order. The Court’s order grew out of its finding that the FDNY’s practices and procedures for recruiting and hiring entry-level firefighters have had a disparate impact on black and Hispanic firefighter candidates. More recently, the parties to the litigation requested that Cohen and the team oversee the implementation of a settlement involving claims that the FDNY had intentionally discriminated against black and Hispanic firefighter applicants. As Court Monitor, Cohen and the team oversee an extensive and multi-tiered remedial process involving, among other things, the FDNY’s practices and procedures for recruiting, testing, and screening black and Hispanic entry-level firefighter candidates, and its EEO functions. “This is a fabulous appoint,” asserts a peer, “and best of all, it’s working!”

New York-based Cohen Ziffer Frenchman & McKenna only emerged in 2021 but has already made significant inroads over the course of its short existence by way of the individual and collective reputations of its personnel, all of whom are known for being leaders in high-end insurance litigation. “This firm didn’t exist two years ago,” marvels one peer, “and now they already have a seat at the table with high-stakes insurance work.” Clients have been equally impressed. One testifies, “I have used other firms for other types of work but Cohen Ziffer seems to have far deeper insurance defense expertise and much more willingness to work on mutually attractive fee arrangements.” Still another offers in summation, “The lawyers at Cohen Ziffer are the most skilled, experienced, and knowledgeable attorneys representing insureds in insurance litigation. They are responsive, direct, and prepared for every one of our calls.”

Arguably the firm’s most visible star, Robin Cohen, an insurance litigation luminary with Kasowitz Benson and then McKool Smith, continues to attract plaudits from peers and demonstrates enough trial acuity to keep her place on the Top 100 Trial Lawyers list secure again in this edition. “Robin is the best I've seen in terms of creativity, aggressiveness, thoroughness, preparation, grasp of market and knowledge of the insurance players and their playbook,” confirms one client. A peer testifies, “Robin Cohen is always a tough adversary and is doing a great job.” Cohen led New York commercial landlord Thor Equities to a major win in April 2021 in a policyholder case that addressed the existential, pandemic-specific question as to whether business interruption insurance applies. Thor had a $750 million policy for property damage and business interruption losses through FM Global. After FM denied coverage, Thor brought suit to recover tens of millions of dollars of business interruption losses arising from the pandemic. Cohen and Keith McKenna represent Verizon in a D&O coverage action involving more than $120 million in defense and settlement costs. The costs were incurred in connection with a 2014 lawsuit against Verizon brought by a litigation trustee appointed in the bankruptcy of FairPoint Communications, which asserted fraudulent conveyance claims and sought more than $2.3 billion in damages. Cohen and Adam Ziffer scored for Pfizer in a suit filed in Delaware state court against certain insurers and defeated the insurers’ competing lawsuit filed in New York federal court, which was affirmed by the Second Circuit. The case concerned the refusal on the part of several carriers to indemnify Pfizer for its loss following the settlement of a securities class action in 2016.

Still operating out of only one office in New York, Cravath Swaine & Moore remains the standard bearer as an entity that commands respect on the national stage for its prestige and unassailable brand in the legal community without expanding its physical geographic footprint. “They don’t need to have an office anywhere else, they’re getting calls from all over the country,” marvels one peer. The firm is also revered for its elite position on the hiring and fostering of its talent, holding to its long-held protocol of not hiring associates laterally. Long considered a leader in the fields of securities, antitrust and general commercial litigation, the firm has made considerable strides in areas that are more recent developments, such as the white-collar and investigations and intellectual property capacities. Cravath has also established itself as a leader in trial law, with a presence at the center of trial activity that is noted as somewhat rare for a “white-shoe” firm. Also rare for a firm of its breed, Cravath boasts a diverse client base that is not exclusively beholden to financial institutions. “Cravath lawyers are brilliant and tireless,” exclaims a client. “Their team approach to everything is fantastic.” Another client voices appreciation for the “practical, realistic advice and judgment on large and complex litigation matters and very strong courtroom advocacy.” Peers are equally reverent: “Cravath leaves no stone unturned,” testifies one.

The star power of Cravath Swaine & Moore continues undiminished yet another year, a stature exemplified at both the senior and “next-generation” levels. Evan Chesler and Daniel Slifkin, two of the firm’s towering figures in the trial lawyer capacity, remain active and still generate acclaim. A peer marvels, “Evan could retire at this point but he doesn’t want to, and I’m sure they don’t him to! His stamina and trial wisdom are still in demand.” Chesler and Slifkin led Tesla CEO Elon Musk to a major April 2022 trial victory, defeating a stockholder derivative action that had sought $13 billion in damages related to Tesla’s acquisition of SolarCity Corporation. The highly publicized case claimed that Tesla’s $2.1 billion acquisition of SolarCity was a thinly veiled bailout driven by Musk, Tesla’s alleged controlling stockholder. The senior statesmen element on the Cravath team on this case was balanced by the contributions of two future stars, Vanessa Lavely and Helam Gebremariam, the latter of whom just joined the Cravath partnership this past year after rejoining the firm in 2019. “Helam has incredible judgment and self-possession and writes exceedingly well,” declares a peer. More recently, in July 2022, a team consisting of Chesler and newly elevated former future star Wesley Earnhardt (who argued the successful appeal) secured a precedential Ninth Circuit decision in favor of Starz Entertainment, affirming a California district court’s holding that the Copyright Act did not impose a time-based bar on damages for copyright infringement claims separate from the three-year statute of limitations and that, therefore, the copyright infringement claims brought by Starz against MGM Domestic Television Distribution were timely.

In recent years, Kevin Orsini has risen up to take his seat alongside more senior partners as an established, all-purpose trial powerhouse. A client raves, “Kevin Orsini is a creative strategic thinker, one of the best advocates I have seen, who is very responsive and cares about our matters.” A dedicated generalist and co-head of litigation at Cravath, Orsini attends to a remarkably diverse practice that touches on commercial, antitrust and the one-of-a-kind phenomenon of “event-driven” litigation, often of the most complex, contentious and highest-stakes variety. Orsini has logged various examples of his versatility; in one matter, he and Lavely are representing Occidental Petroleum in connection with multiple actions alleging various theories of liability related to climate change, including public and private nuisance, strict liability, negligence and trespass-based causes of action. These actions seek compensatory and punitive damages, equitable relief and disgorgement of profits, among other relief. In a commercial and securities case, Orsini and securities star Antony Ryan won a post-trial judgment for The Williams Companies in December 2021, awarding Williams a $410 million contractual termination fee, plus interest and reasonable attorneys’ fees, in connection with its now-terminated $37.7 billion combination with Energy Transfer Equity.

Cravath’s antitrust team, historically one of the country’s strongest, has been particularly active of late. Katherine Forrest, one of the noted team leaders and an established senior trailblazer at the firm, comes equipped with a keen level of experience and savvy in the tech and AI sectors as well as a fluency in antitrust more broadly. Lauren Moskowitz, a future star with a more generalist practice, has also had a hand in antitrust. In March 2022, Forrest and Moskowitz won summary judgment for Johnson & Johnson subsidiary Biosense Webster shortly before trial in antitrust litigation brought by a competitor alleging monopolization and restraint of trade in the nationwide market for the sale of high-density mapping and ultrasound catheters for use with the CARTO 3 cardiac mapping system for electrophysiology studies. This same pair also successfully represented the Boston Red Sox in a purported class action relating to Major League Baseball’s highly publicized electronic sign-stealing scandal, securing a decision dismissing the action with prejudice in April 2020 and subsequent affirmance by the Second Circuit in March 2022. A peer weighs in on Moskowitz’s behalf: “She is a 10-year partner, so still young! [She is] Really truly great, you will hear more about her. She’s also a traditional litigator in that she can do it all – clients would uniformly wax poetic about her, they love her!” Moskowitz acted with David Marriott in representing Alcon Laboratories in connection with more than 50 class actions and related matters centralized in Florida federal court alleging antitrust and consumer protection/unfair competition laws of various states with respect to Alcon’s unilateral pricing policies for contact lenses.

Freshfields Bruckhaus Deringer is well established as a strategically connected legal force around the globe, most notably for its international arbitration practice group. 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 third 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 describes the team as “forward-thinking and strategic,” going on to note, “Freshfields has a team of first-rate litigators who frequently practice in the Delaware Court of Chancery. They give us options with good explanations of pros and cons of the choices.”

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.” A client raves, “Meredith is razor sharp and a master of the details. She can be both a tireless advocate for her clients and a wise counselor.” Another key member of this team, Mary Eaton, is also generating acclaim, further elevating the firm’s securities profile. “Mary is doing 3M cases, which are pretty messy,” confirms a peer. “She was building a strong following at Willkie [Farr & Gallagher] before she moved over [to Freshfields]. She and Meredith are a pretty strong duo.” This pair triumphed for the aforementioned 3M, and several of its executives and directors, in a federal securities class action, initially filed in New Jersey federal court and transferred to Minnesota, obtaining a rare writ of mandamus from the Third Circuit requiring transfer and then, in September 2021, obtaining full dismissal of the complaint with prejudice. The allegations related to the issue of disclosing contingent liability reserves and stem from 3M’s alleged failure to adequately reserve potentially billions of dollars to cover potential liability in environmental, mass tort, and other litigation based on 3M’s prior production of certain chemicals. Eaton also has historically represented Citigroup, a client that continues to call on her services.

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 was my mentor at Wilson Sonsini! 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. The market out here is so huge and crowded already, but with those two at the helm, it’s a cinch for them to break into this market.” Gavril is specifically championed by a client for his “strong subject-matter knowledge,” and for “proactively keeping me informed of developments in relevant case law or practice. He understands legal issues well and did a good job of laying out alternative strategies and reasons for recommending one over another. [His] Writing is also well done.” The California team (along with Eaton) secured a complete victory in a putative securities class action for Pinterest, its CEO, and its CFO in the Northern District of California. Plaintiffs alleged that the defendants made false and misleading statements in the first and second quarters of 2019 about Pinterest’s future growth, purportedly knowing that there were limited opportunities for such growth due to allegedly increasing market saturation in the US. The truth was allegedly revealed when the company announced its results for the third quarter of 2019 and its stock prices fell. In September 2021, the court granted a motion to dismiss, holding that all the allegedly omitted information was disclosed, and distinguishing the allegations from those in other user metrics cases. The case was then dismissed with prejudice in October 2021. The Freshfields team also secured a successful settlement for Pinterest and several of its directors in three related shareholder derivative actions filed in the Northern District of California and the Delaware Court of Chancery, based on allegations of gender and racial discrimination at the company.

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. One former co-counsel with the firm raves, “I cannot speak highly enough of Gibson Dunn. [They were] terrific partners to us.” Another peer in the market confirms, “Gibson is one of the leading firms in the country.”

The firm’s antitrust team has garnered praise, as one peer voices, “On antitrust [side] I have been overwhelmingly impressed with Gibson Dunn.” The firm is seen as having “historically been very strong” in the practice area, and the depth of the team exemplifies its reputation. A diverse team that included Dallas-based partner Veronica Moyé and California’s Daniel Swanson and Richard Doren defended Apple in a high-profile and historic antitrust lawsuit filed by Epic Games, challenging the client’s business model and practices relating to its App Store and alleging violations of Sections 1 and 2 of the Sherman Act and the California Unfair Competition Law. Following a 16-day bench trial last May, the team secured several victories. The District Court upheld Apple’s core design choices at issue, and while the court imposed an injunction after agreeing with the unfair competition claims, the team successfully appealed that decision, and the Ninth Circuit Court stayed the injunction. The court also ordered the plaintiff to pay damages equivalent to 30% of the revenue it received from an unauthorized payment mechanism implemented in its Fortnite app without Apple’s consent. Both parties appealed the decision. Doren was specifically mentioned for his work and demeanor as an opponent in the Epic case. “I found him incredibly easy to deal with – he was a gentleman,” they said. “He tells a story, keeps his eye on the ball, and lets things go when you should let them go – really enjoyed being in the courtroom with him every day.” Two of the other partners on the case are nationally recognized for their antitrust expertise: Swanson is a national antitrust star and Moyé continues her reign in the Top 250 Women in Litigation. Rachel Brass out of the California office secured an industry-important victory for McDonalds in a “no-poach” putative class action. The decision denied class certification of millions of current and former restaurant employees. Plaintiffs in the case alleged that the client suppressed wages and restricted worker mobility in violations of antitrust laws. Brass’s win for McDonalds was the first of many to reach a decision on class certification, as many of the lawsuits filed against franchisors are still pending. Scott Hammond of the DC office is another of the firm’s antitrust specialists, known especially for his unique ability to “[play] both roles” as an investigator and litigator in cases, according to one peer familiar with his work.

The firm’s capabilities beyond the antitrust space are similarly well-known and established. The D.C. office houses Patrick Stokes, one of the firm's white-collar lawyers, known as someone who “really stands out” in the D.C. white-collar crime market. The firm’s practice as a whole is distinguished, as the peer goes on to say, “Gibson Dunn is one that is pretty well-known and who I come across regularly.” Helgi Walker is another of the firm’s revered women listed on Benchmark’s Top 250 Women in Litigation, and a member of the firm’s preeminent appeals practice. In April 2021, Walker secured a key victory at the US Supreme Court representing petitioners the National Association of Broadcasters in a consolidated matter that also included the Federal Communications Commission (FCC) against Prometheus Radio Project. The matter was significant to the broadcast and newspaper industries – who Walker was lead counsel for – and the unanimous decision allowed the FCC to eliminate outdated media ownership restrictions. Richard Parker is famed as a Top 100 Trial Lawyer in Benchmark Litigation.

Orin Snyder, another Top 100 Trial Lawyer, is widely recognized for his mastery of trial litigation. “He certainly knows how to try a case,” says an opposing counsel on a matter. As co-counsel, a peer speaks to his collaborative demeanor in sharing, “Orin constantly complimented what we did. We didn’t have to fight for the opportunity to take an important role.” Snyder and California-based partner Scott Edelman have obtained several wins defending AMC in litigation against executive producers of the show The Walking Dead. The producers allege that AMC failed to pay millions of dollars in “profit participation” according to their contracts. Following a two-week bench trial in March 2020, the court ruled in favor of AMC on all issues presented during the trial, and in 2021 granted a demurrer to the remaining claims. Snyder and Edelman filed a motion for summary judgement, and in March 2022, the court tentatively dismissed the implied covenant and tort claims, which narrowed the case significantly. Edelman is one of the top entertainment lawyers with “a deep team that is generationally diverse” behind him. Edelman, Ted Boutrous, and Theane Evangelis represented Rachel Maddow, MSNBC, NBCUniversal and Comcast in a defamation lawsuit filed by Herring Networks, owner of One America News. The team's anti-SLAPP motion to strike the complaint with prejudice was granted in district court and confirmed by the Ninth Circuit panel on appeal. Based in the Los Angeles office, Boutrous has a well-renowned reputation for his appeals practice, giving him his National Practice Area Star title in Benchmark Litigation. In June 2021, he argued before the California Court of Appeals for the Sixth Appellate District and secured a major win for Hewlett-Packard in its long-standing contract dispute with Oracle. The appellate court affirmed the over $3 million verdict, making it one of the largest single-plaintiff verdicts. Evangelis is especially well-known for her successful employment and appellate litigation practice.

Wayne Barsky is an eminent intellectual property litigator based out of the Los Angeles office. He has recently worked with New York partner Josh Krevitt defending fitness product developer Fitbit in a patent infringement matter in the International Trade Commission (ITC). Industry rival Philips filed patent infringement claims against nearly all of the client’s products. In February 2021, following one of the first remote ITC trials, the judge issued a complete victory finding no infringement against Philips’ products. In another major victory, Barsky obtained the largest defense victory in a patent infringement case in EMD Serono’s and Pfizer’s history. In 2018, a jury unanimously found in favor of the clients, but the district court reversed the verdict and awarded judgement in favor of Biogen. The Federal Circuit then reinstated the jury verdict and, to secure the win, the Supreme Court denied Biogen’s petition for certiorari. Deborah Stein of the Los Angeles office led the team in one of the first COVID-19 business interruption and insurance matters at the Ninth Circuit. She defended Travelers in the case against Mudpie, which sought coverage for business interruptions related to the pandemic. The Ninth Circuit published its opinion in favor of Travelers, holding that Mudpie was not covered by the client. The firm’s San Francisco office features Brian Lutz, who obtained a dismissal with prejudice of the securities fraud class action against HP.

Recognized by Benchmark as a Top Boutique, Hoguet Newman Regal & Kenney continues to distinguish itself as a formidable force in its native New York as well as nationally. Leveraging its abilities to adapt modularly to a variety of litigation matters and to offer a level of personalized client care that is largely unique to smaller shops alongside the “big law” drive and insight of its founding partners, the Hoguet Newman team boasts a stockpile of litigation armaments replete with, inter alia, premiere commercial, labor & employment, and insurance expertise.

Joshua Blosveren continues to develop in the role of emergent complex commercial litigation authority, successfully closing out a case in June 2021 wherein he served as counsel to Cox Enterprises and Cox Radio in their litigious pursuit of coverage from Hiscox Insurance Co., Inc. amid high-exposure invasion of privacy and defamation claims brought by professional wrestler Terry “Hulk Hogan” Bollea. The matter, arising in connection with allegations by Bollea that a DJ employed by Cox Radio distributed his sex tape to media outlets including Gawker, was resolved when Blosveren obtained favorable settlement from Hiscox.

Inextricable from the firm’s admirable legacy are founding partners Dorothea Regal and Fredric Newman. Whereas Regal represents international and domestic clients at trial and on appeal in complex commercial and insurance coverage litigation, Newman dedicates his practice to commercial trial representation. Damian Cavaleri’s practice, on the other hand, enjoys a distinct blend of commercial and employment expertise. Cavaleri currently serves as co-counsel to XPO Logistics, Inc. on a commercial action brought by XPO involving claims against architectural design firm Ware Malcomb in relation to design defects allegedly observed in connection with the XPO’s headquarters in Greenwich, Connecticut. The matter remains ongoing.

Holwell Shuster & Goldberg is widely and duly revered as among the preeminent litigation boutiques both in New York City’s congested market and nationally. The firm’s team is noted for its laudable and widely acclaimed performance at the intersection of commercial and securities law, as well as for its adroit handling of antitrust matters.

     Continuing to serve at the forefront of the firm’s team, founding partner Michael Shuster year after year cements his position further as a complex commercial authority. Among the most active of Holwell’s litigators, Shuster, in addition to continuing to offer representation to regular client Visain numerous complex matters, currently serves as nationwide leadtrial and appellate counsel to Chubb Limited in all of the several insurance cases filed by pharmaceutical titans, such as those of AmerisourceBergen, McKesson, and Rite Aid, as they seek insurance coverage from Chubb under unprecedented theories in connection with the widely reported opioid liability litigation currently unfolding in jurisdictions around the country. While litigation of the many coverage proceedings faced by Chubb is at various stages, Shuster was pivotal in obtaining a summary judgement decision in the California federal court, which ruled that Chubb had no obligation to defend the US’s largest distributor of pharmaceuticals, McKesson. Shuster is supported on the matters by partners Blair Kaminsky and Daniel Sullivan, who along with founding partner Daniel Goldberg, also represents TIG Insurance Company as it seeks appeal on the Second Circuit of a decision which awarded ExxonMobil Oil Corp. more than$25 million in coverage from TIG in connection with recent groundwater contamination matters.  

     Neil Lieberman represents Federal Home Loan Mortgage Corporation (Freddie Mac) in a dispute which arises in connection with the $5.3 billion sale of Stuyvesant Town/Peter Cooper Village, Manhattan’s largest residential development. Commercial litigator Vincent Levy serves as lead counsel to LCM XXII Ltd. and other plaintiffs, all issuers of collateralized loan obligations, in a dispute against Serta Simmons Bedding LLC regarding the company’s COVID-19 refinancing. Levy is recognized for both his trial and appellate acumen.

Litigation boutique Kaplan Hecker & Fink is viewed by peers as “the place to be” at the moment. “They chose the right moment to form that firm,” opines one. “Their model is superb, and their approach dovetails perfectly with the issues of this time in history.” Another states, “They’re in a different space than we are but we still see them on occasion and hear a lot about them. They seem to be growing!” A client testifies on the firm’s behalf: “They are incredibly detailed, exhaustive in the options presented to us in litigation strategy, responsive, and understanding of the mental and emotional toll that this type of litigation takes on clients.” The firm’s partners continue to demonstrate the fierce commitment to social justice that has been in its DNA since its 2017 founding, and its partners, all formerly with “big law” firms, boast a remarkably trial-tested résumé for their relatively young vintage. Historically a New York-based shop, the firm recently expanded, opening a DC office and welcoming back Joshua Matz, who returned to the firm after serving as counsel to the US House Judiciary Committee, as a partner in February 2020. The firm also welcomed Mike Ferrara, a former prosecutor who attends to a white-collar focus, to the partnership in its New York office. “He’s wonderful,” raves one peer on Ferrara’s behalf. The firm’s one personnel loss, former prosecutor Marshall Miller, comes only because Miller was tapped for a senior role within the Department of Justice.

Founder and all-purpose trial lawyer Roberta “Robbie” Kaplan, who earned her stripes at Paul Weiss before initially launching this firm as Kaplan & Company, continues to earn plaudits for her role as a mentor and driver of the firm’s culture as well as for her unwavering commitment to pursuing cases dedicated to progressive causes. “Robbie Kaplan is our adversary most of the time,” testifies one peer, conceding, “and it’s tough to be on the other side of her.” Kaplan grabbed headlines in October 2017 when she was one of two partners retained by non-profit Integrity First for America to represent 11 plaintiffs from Charlottesville against 26 defendants implicated in the white nationalist/neo-Nazi rally that took place in Charlottesville that August and culminated in violence and other shameful turns of events. The defendants include named people and several organizations, such as the Loyal White Knights of the Ku Klux Klan and Nationalist Front. This case set precedent at the 2018 Benchmark awards ceremony as being the only case to be acknowledged with a prestigious “impact case” recognition well before a favorable decision was reached, simply on the strength of the principles and audacity of the case. The case set further precedent when it became the only case to receive the “impact case” honor twice, when it was recognized once again at the 2022 ceremony after jurors in the November 2021 trial found that more than a dozen white supremacist and hate groups were liable under state law for injuries to counter-protesters and ordered them to pay the plaintiffs more than $25 million in damages. A peer observation that “Robbie Kaplan has been doing a lot of work for universities” has certainly been on display this past year, with representations for institutions such as Brown and Columbia. The former concerned allegations regarding the school’s athletics programs and the latter involved a putative class action (filed in April 2020) demanding hundreds of millions of dollars in tuition refunds in response to the public health necessity of Columbia moving its classes online amid the COVID-19 pandemic. Kaplan enjoys yet another year as one of Benchmark’s Top 100 Trial Lawyers in this edition.

The firm has also etched itself a sterling position in the eyes of the white-collar community, particularly through its representation of high-profile individuals facing some manner of criminal imbroglio. In this capacity, Sean Hecker is a unanimous favorite of peers. “Oftentimes if I’m representing the company and I have an individual executive that needs his or her own counsel, I would call Sean Hecker,” confirms a peer. “He’s terrific, he has quite a reputation that’s still growing!” More remarkably, Hecker is known by all for being “willing to take cases to trial,” keeping his spot on Benchmark’s Top 100 Trial Lawyers list secure yet another year.

Hecker and Jenna Dabbs represent Gregory Dwyer, who was indicted by the Southern District of New York for violations of the Bank Secrecy Act. Dwyer is an executive of BitMEX, a cryptocurrency exchange and derivative trading platform, and was charged alongside the three co-founders of the company. The matter is also the subject of a parallel Commodity Futures Trading Commission (CFTC) investigation. Hecker and Ferrara, meanwhile, represent John Patrick Gorman III, who was sued by the CFTC for allegedly manipulating the prices of US dollar interest-rate swap spreads while working as the head of non-yen rate trading for Nomura. This same firm pair also represents the former chief investment officer of New York-based investment firm Infinity Q Capital Management. In February 2021, the Securities and Exchange Commission informed Infinity of alleged evidence that the client had made improper changes to a pricing model used to value the fund’s investments. At that time, the firm halted redemptions to investors, and has since liquidated its hedge fund.

Kasowitz Benson Torres has built its reputation as a formidable force, largely due to its trial-ready strategy to litigation. Leading up to trial, clients witness the team’s approach in action. One client calls attention to the well done “research, litigation, negotiation, [and] client contact.” Another also applauds the firm for its “overall strategic planning, focused discovery, ability to analyze voluminous documents, motions practice, ability to address changes in circumstances during the course of litigation with knowledgeable counsel in various areas of law within the firm, and settlement negotiations. And those are just the high points.” The client’s only suggestion: “Establish a branch office in Hawaii.”

That same client left high marks for San Francisco’s Jason Takenouchi, who is a new addition to this year’s litigation star recognition. He is described as “always thoroughly prepared” with “excellent planning for discovery.” The client goes on to further praise his representation, saying “[He] works very well with the employees involved with the issue being litigated, prepares solid legal motions, develops great strategies for settlement negotiations, keeps us (client) informed and engaged as the case progresses and is a pleasure to work with.” In summary, the client declares, “I can't think of anything that could have been done better.” Takenouchi is counsel with Mark Ressler of the New York office representing Thomas Rocco in a whistleblower lawsuit against SAP Public Services and Deloitte Consulting. The duo was successful recently before the three-judge panel of the Fourth District of California Court of Appeal. The appellate court reversed the decision of the trial court, allowing the client to amend the complaint.

Ressler, co-founding partner Marc Kasowitz, and antitrust expert Sheron Korpus are representing Teva Pharmaceuticals in its three separate actions involving antitrust, securities and white-collar crime. Ressler and Kasowitz are lead trial counsel for the international pharmaceutical manufacturer against an indictment brought by the Department of Justice’s Antitrust Division. The indictment alleges three conspiracies to suppress and eliminate competition. Korpus is handling the antitrust and securities cases. He represents Teva and its US subsidiary Actavis in a consolidated multi-district litigation (MDL) alleging price-fixing claims in the Eastern District of Pennsylvania. The class actions were separately brought by private plaintiffs and 48 states including DC and Puerto Rico. Korpus is the lead counsel representing Actavis and serves as a liaison counsel in the MDL. In January, he negotiated a $420 million all-cash settlement resolving the securities class action against Teva Pharmaceuticals and its directors and officers. The matter was one of the largest pending class actions in the securities space. The settlement is awaiting approval. Korpus continues to defend the client in direct actions against more than 75 opt-out plaintiffs. David Rosner and Kasowitz are representing TerraForm Power in their $300 million legal malpractice lawsuit filed against two global law firms. Recently, the New York State Supreme Court denied the law firms’ motions to dismiss, and discovery on the client’s claims is proceeding.

Commercial litigator Michael Hanin handled a COVID-19 related matter concerning commercial real estate loans stemming from the unprecedented disruption caused by the pandemic. He represented Cascade Funding, LP – Series 6 in its lawsuit against Bancorp Bank after the bank refused to honor a “market disruption” clause in its contract with Cascade. Hanin secured a summary judgment ruling on the breach of contract claim, which ordered Bancorp to return a nearly $13 million deposit, as well as court costs and interest. Jennifer Recine is a commercial litigator specializing in real estate litigation. She has been representing the BD Hotels and Chelsea Hotel owners, scoring multiple victories throughout the years of litigation. Following a victory that not only led to a full dismissal, but also uncovered key evidence of a Housing Preservation and Development exemption in the NYC Department of Buildings files. After that victory, a separate proceeding resulted in another win for Recine at the Appellate Division, First Department. The appellate court affirmed the dismissal of the case brought by vocal tenants who were against the client’s renovations and the building’s use as a hotel. Recine is now representing Chelsea Hotel owners and principals Richard Born, Ira Drukier, and Sean MacPherson in a $100 million lawsuit against New York City, the Housing Preservation Department and its assistant commissioner, and the Department of Buildings. The defendants have filed a motion to dismiss, and a decision is still pending. Paul "Tad” O'Connor is also a commercial and real estate litigator. He is currently engaged in litigation on behalf of JDS Development arising out of its luxury, 90-story building in Manhattan. One of the matters concerns the interpretation of the New York Zoning Resolution as it relates to the transfer of development rights and over 250,000 square feet of air for a Lower East Side development project.

Kobre & Kim is a unique, and, in the eyes of peers “elite,” firm that focuses exclusively on disputes and investigations involving international fraud and misconduct. “Kobre & Kim is just awesome,” extols a peer. “They have some black belt-level trial skills, and their model is so well crafted and strategic, and they were so far ahead of the curve with cornering that niche. They don’t chase repeat business, and they are strictly bet-the-farm litigation, so they are free to take on only the most select work. For international investigations, they are it!” Another peer marvels at the firm’s rapid expansion, both geographically and reputationally, which has allowed it to amass a sizeable book of business for such an elite firm. “Kobre & Kim is going to go down as the legends of our time. They have unique ways of hiring business strategies and fees. They grew from two lawyers and have done tremendously well, grown to amazing proportions.”

     Founding partner Michael Kim is based in New York but enjoys an international profile, particularly with entities headquartered in or doing business in Asia. “Michael Kim has become an authority in the area of finding hidden assets,” notes one peer. “He had a real vision and really keen sense of dealing with those matters.” Kim is part of a team acting as counsel to Marble Ridge Master Fund, a Cayman Islands-registered fund, in the Neiman Marcus Chapter 11 bankruptcy case and in a related adversary proceeding brought by the Neiman Marcus debtors, both pending in the Southern District of Texas Bankruptcy Court. The claims at issue in the adversary proceeding relate to alleged misconduct in connection with a bid for certain assets of the debtors. Soon after the commencement of the adversary proceeding, the Master Fund was placed into a voluntary Cayman Islands liquidation. is representing the Master Fund in the adversary proceeding in defending against claims arising from such alleged misconduct. Danielle Rose is acknowledged by peers as “very talented, and one of a rare breed of women who generate that level of business.” Rose was part of a team that acted as litigation counsel to Evergreen Coast Capital and Siris Capital Group, the private equity sponsors of Travelport, which were named as additional counterclaim-defendants in a case concerning a liability management transaction involving Travelport’s May 2020 transfer of over $1 billion in intellectual property assets to two newly created subsidiaries. Following the transfer, the subsidiaries were designated “Unrestricted Subsidiaries” under Travelport’s credit agreement, thus allowing Travelport to obtain critical financing secured by the intellectual property. The financing was provided by an entity indirectly held by Travelport’s equity owners, who were in turn managed by either of the firm clients. In late May 2020, an ad hoc group of lenders under the credit agreement directed their agent to send a notice of default to Travelport. The notice alleged that the transfer of the intellectual property violated the credit agreement. In June 2020, Travelport commenced the litigation by filing a declaratory judgment action to settle the parties’ rights under the credit agreement. In response to the lawsuit, the agent counterclaimed against Travelport, Evergreen, and Siris, again at the direction of the ad hoc group of lenders. The case was litigated on an extremely expedited track and scheduled for an expedited trial, until the parties reached a settlement in September 2020. 

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. Within the past year, however, the firm did nothing short of reinvent itself, taking 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 were 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.” The DC group comes with some youth factor to balance out the senior talent; future star 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 attests, “I see them all the time and they give me and anyone else a run for the money.” White-collar crime is another field in which Kramer Levin boasts a 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. Paul Schoeman acted with Berke in representing Michael Cohen, formerly of Och-Ziff, in a criminal prosecution on charges relating to allegedly corrupt investments in Africa. Schoeman also represented Stephen Calk in a criminal prosecution in the Southern District of New York on charges arising from $16 million in loans made by Calk’s bank to Paul Manafort. 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. A newly listed member of the team, Michael Martinez is “the most recent trial victor. He led an SEC enforcement case for an individual and won!” 
     Kramer Levin has also historically occupied a coveted space in the niche field of false advertising and Lanham Act cases, and as of late, Norman Simon has moved to the fore in this area, acting in both the plaintiff and defense roles. Simon is an authority in matters concerning the National Advertising Division and is also frequently involved in consumer class-action work, specifically in the defense capacity. 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 represented Janssen, which sued eight generic manufacturers under the Hatch-Waxman Act for infringement of patents protecting Imbruvica capsules, a breakthrough treatment for certain B-cell cancers and chronic graft-versus-hostdisease. Royzman obtained a favorable Markman ruling on all claim terms and conducted intensive expert discovery remotely. 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. 

Plaintiff shop Labaton Sucharow historically has been viewed as, and still is primarily known as, a securities boutique. Operating in the financial district of New York as well as in Wilmington, Delaware and Washington, DC, the firm is well poised to feed heartily on a steady diet of corporate disputes arising on Wall Street and in the Delaware Court of Chancery. “Labaton is one of the few plaintiff firms that get the big, meaty securities cases and they litigate them,” confirms a defense-side peer. Another advises, “Look closer – Labaton is getting more into the consumer class-actions space as well, particularly with privacy and data breach work.”

     A noticeable change of the guard has transformed the front lines of Labaton’s bench, with a host of younger partners making their mark with lead appointments on some of the firm’s biggest cases of late. Exemplifying this, as well as the observations about the firm taking on more privacy-related work, New York future star, Michael Canty provided co-lead counsel and secured an all-cash $650 million settlement from social media juggernaut Facebook in a case alleging Facebook’s use of facial recognition technology to extract and store user biometric identifiers without consent and as required by the Illinois Biometric Information Privacy Act. “They were actually working this up for trial against Facebook’s very formidable team of lawyers and it settled,” testifies a peer. Another New York future star, Carol Villegas is lauded for her “grit and talent,” both of which were put on display in several cases in which she provided co-lead counsel. In one such case, she served as lead counsel in a securities class action against data analytics behemoth Nielsen and certain of its executives, that alleges the company misrepresented the strength of its Buy business, the value of its goodwill, and the impact of the EU’s privacy law, the General Data Protection Regulation. Villegas argued that the price of Nielsen publicly traded common stock was artificially inflated as a result of Nielsen’s allegedly false and misleading statements and omissions, and that the price declined when the truth was allegedly revealed through a series of partial revelations. The parties settled for $73 million in cash. Villegas also served as lead counsel in a securities class action against World Wrestling Entertainment – the sports entertainment company primarily known for its brand of professional wrestling – and certain of its executives, that alleges the company misrepresented the status of its media rights agreements in the Middle East and North Africa region, once again artificially inflating the company’s common stock, which suffered a precipitous drop following revelations about the stock. James Johnson, a more senior partner in the New York office, lays claim to several key victories of his own. He acted as lead counsel in a securities class action against Canadian cannabis producer CannTrust Holdings following a cross-border exposure of CannTrust’s illicit business practices and related regulatory violations – namely, secretly growing massive amounts of cannabis in unlicensed rooms in violation of Canadian cannabis regulations. Through a mediation process, Johnson and his team was able to settle with all but one of the named defendants, with preliminary approval of a $66.4 million settlement in the US.

     One of Labaton’s biggest developments as of late has been the rising profile of the firm’s Delaware practice. This has largely been attributed to the efforts of Ned Weinberger, a partner who has the community talking. “Ned is one of the leaders,” confirms one Wilmington peer. “There are no shortcuts in Delaware – you have to earn your way up through the peers and judiciary. Ned has gotten appointed lead counsel on several cases, important cases, OVER people from several other plaintiff firms that are more established in Delaware!” Another peer adds, “Courts love him, he’s an aggressive litigator who gets results.” Still another peer confirms, “These days, he has very quickly risen up to the position of being my first or second call if I needed to refer a case to a plaintiff. I would choose him over more established plaintiffs in Delaware, who are older and fading.” Weinberger is co-lead counsel in the class action and derivative lawsuit against certain officers, directors, and/or controlling stockholders of Expedia Group arising out of a transaction that allowed Barry Diller, chairman of Expedia’s board of directors and the company’s senior executive, to acquire super voting shares in the company. According to the complaint, Expedia suffers from an extreme separation of ownership and control. A peer offers in summation, “There’s something going on in Wilmington in the plaintiff bar – can’t you just feel it? And that’s Ned – he’s building that out.”

McKool Smith has built an esteemed reputation, especially in the areas of commercial and intellectual property litigation in which it reigns as the go-to firm in Texas. It has a network of strongholds in the state, with offices in Dallas, Austin, Marshall and Houston, while also steadily expanding its presence in New York and Los Angeles. The key practitioners for patent litigation include Samuel Baxter, William LaFuze, Mike McKool and Steven Pollinger.

The firm’s intellectual property practice has been historically well known for its work representing plaintiffs in patent litigation, and while that has since changed, it continues to bring a substantial number of cases on behalf of clients. Recently, in a high-profile win, Marshall-based Sam Baxter represented Optis Wireless Technology and other subsidiaries of PanOptis against Apple, which resulted in a $300 million jury award in a patent infringement trial before the District Court for the Eastern District of Texas. Baxter is also representing Blitzsafe in its lawsuits against numerous car manufacturers and retailers, alleging patent infringement claims related to automotive interface technology, which allows users to connect external third-party audio and multimedia devices to their stereos to play the content through the car stereo system and speakers. On the defense side, in March 2022, Dallas-based litigator David Sochia represented Taiwan Semiconductor Manufacturing Company against Semiconductor Connections, and successfully secured a favorable claim construction ruling from the district court that was upheld at the federal circuit. Austin’s Joshua Budwin is litigating against Qualcomm in a patent infringement lawsuit brought on behalf of ParkerVision. The patents at issue are related to the client’s transmitter and receiver patents. In addition, Budwin is defending two market-leading clients in the telecommunications industry, Ericsson and AT&T, in a six-patent lawsuit related to 3G, 4G, 5G and MSS patents filed originally by Hitachi and Bosch, but later divested to IPCom, now the plaintiff in this matter. Trial is currently pending.
In the commercial space, Houston partner Joshua Newcomer and Christopher Johnson of the New York office represent the trustee for Millennium Lender Claim Trust in three separate proceedings. The case in California state court against KPMG, the auditor, was settled confidentially. The trustee alleged that KPMG misrepresented the company’s financial condition, leading to a $1.7 billion loss to lenders. Currently, two other cases brought against bank defendants allege they are liable for state blue-sky law violations, fraudulent and negligent misrepresentation, aiding and abetting liability, and fraudulent transfers. The Delaware case is awaiting trial in 2022, and in New York, the team handled the appeal of a ruling received prior to their representation. Newcomer is also handling a matter in the US Bankruptcy Court for the Western District of Texas, defending Zachry Construction Corporation and its related entities against several alleged claims, including breaches of fiduciary duty, aiding and abetting and fraudulent transfers, among others.

In another high-profile case, this time in the commercial space, Baxter partnered with Lewis LeClair to represent the State of Texas in its biometric identification lawsuit against Meta f/k/a Facebook. The State alleges violations of Texas’s Capture or Use of Biometric Identifiers Act, specifically that the social media platform took biometric identifiers of Texans for commercial purposes without their informed consent, disclosed the identifiers to other companies, and failed to destroy the collected information within a reasonable amount of time. Additionally, Texas also alleges the defendant participated in false, misleading and deceptive acts, violating the state’s Deceptive Trade Practices Consumer Protection Act. The case is currently in jurisdictional discovery, as Meta argues that the jurisdiction is improper. In addition to commercial matters, LeClair also handled an antitrust case on behalf of SC Innovations alleging that Uber’s predatory pricing and anticompetitive conduct drove the company out of business. The parties resolved the matter amicably in 2021.

MoloLamken has quickly become a favorite among the crowded field of litigation shops, although with three offices now housing more than 40 lawyers, it is shaking off its historical status as a “boutique.” The team of litigators throughout its offices in New York, Chicago and DC is consistently being augmented, with an additional six attorneys due to join the firm in the fall of 2022. “MoloLamken has been doing great with recruiting,” observes a peer. “Each one of these new people seem like they’re better than the last!” Clients are equally impressed; one raves, “They have outstanding knowledge of law, case history, appeal court strategy and Supreme Court consideration. They also have outstanding technical knowledge and application of law to software technology issues. They also give great advice to District Court attorneys.” Another testifies, “They took over a case mid-litigation from another law firm and they have done an excellent job getting up to speed, bringing creative new ideas to the approach to litigation, level-setting with the clients about merits-based issues, and developing offensive strategies that allow their client (a defendant) to put the plaintiffs on the defensive and change the leverage in the litigation.” Yet another speaks to the growing level of diversity on display among the team. “MoloLamken very much has fulfilled my expectations regarding diversity. The team is led on a day-to-day basis by a junior female partner, with a very strong and capable female associate assisting.”
     Firm founder Steven Molo is based in the New York office but still retains a strong following in his original Chicago home base. A Windy City peer confirms, “Steve Molo is a trial lawyer! He’s quite effective. He is a former Winston [& Strawn] guy and still has a presence in Chicago.” Molo is also credited for the firm’s successful recruiting and team mentoring. “Steve Molo is always available and present for high-level and strategic discussions and clearly has a very good rapport with his team members,” testifies a client. Molo’s active and varied caseload includes serving as trial counsel to a plaintiff class in a 10b-5 securities fraud stockholder class action alleging fraud leading to investor losses of $80 million. Jury selection for this case, one of the few of its kind that could wind up at trial, was scheduled for June 2022. Molo’s team in this matter included Sara Margolis, a New York-based future star who makes her debut in this edition. A client raves on Margolis’s behalf, “Sara is incredibly thoughtful, detail oriented, and responsive. I have been extremely impressed with the depth of her legal analysis notwithstanding her relatively early stage in her career. I know my client's subsidiary's matter is in very good hands with her leading the day-to-day of the litigation.” DC-based Robert Kry is also part of the team. A peer insists, “You must recognize him!”
     While the firm’s wheelhouse is largely commercial and business litigation, often in the plaintiff capacity, MoloLamken has been recognized for other areas as well. Chief among these is its appellate capacity, in which DC’s name partner Jeffrey Lamken is the most celebrated figure. “MoloLamken briefed and argued an appeal for us in a copyright case,” confirms a client. “They are smart, they write well, give practical advice and present oral arguments well.” Lamken is specifically beloved by several clients; one addresses him as “one of the nicest and cleverest people you will ever meet,” and another supports this with, “He’s brilliant and personable. He does an amazing job of being both legally elite while personally humble.” Lamken and Kry delivered an appellate victory in June 2021 as lead counsel for Arthrex in a landmark Supreme Court case challenging the appointment of the Patent Office’s Administrative Patent Judges under the Constitution’s Appointments Clause. A peer also notes, “In case you haven’t noticed, MoloLamken is developing a niche in IP!” In this capacity, another new future star, New York's Ben Quarmby, is developing a profile and an ardent fan base among clients, one of whom testifies, “He is super responsive, always provides practical solutions and works in the most efficient manner.”

From its New York office, Morvillo Abramowitz Grand Iason & Anello has built a premier white-collar crime and investigations practice recognized nationwide and sought by both domestic and international clients. As the firm has established its premier status in white-collar crime, it continues to stand as a formidable opponent in commercial and securities litigation, largely involving executives and cutting-edge issues. In parallel to its white-collar crime investigations practice, the firm has maintained a consistent stream of highly sensitive labor and employment investigations. The firm’s lawyers are continuously applauded for their communication, as one peer considers it to be “the most responsive firm in New York,” and another specifically recognizes Jeremy Temkin for being “responsive to clients.” The peer, working on a matter as co-counsel, remarks on Temkin’s “strong work ethic” and attention to the case, saying, he “[stays] current on recent developments and court decisions.” Commenting on his demeanor, Temkin is described as “easy to work with” during cases. Recently, he has handled numerous investigations, both in white-collar crime and Securities and Exchange Commission (SEC) regulatory investigations. He, along with Robert Anello and Richard Weinberg, represented the board of directors of Veon, the first Russian company to be traded on the US stock exchange. The team represented the company through a multinational Foreign Corrupt Practices Act investigation by the US and the Netherlands, involving alleged bribery in Uzbekistan. Anello also led the team in reviewing the investigation and its findings on behalf of the special committee, and additionally negotiated with the Department of Justice (DoJ), SEC, and Netherlands prosecutors. The case was resolved across three venues: the Southern District of New York, the SEC in Washington, DC, and the international action in Amsterdam. Anello’s practice is a fusion of white-collar crime and regulatory investigations, securities and white-collar litigation, as well as labor and employment, both litigation and investigations. In litigation, he has recently partnered with Edward Spiro in two separate cases. The duo is defending the founder and CEO of a public company against alleged stock manipulation in over a dozen class-action and derivative lawsuits. In a labor and employment matter, Anello and Spiro are representing a New York-based union in a federal case that challenges a city law that would impose registration, disclosure and qualification requirements on unions and officials. The team is also representing the union in a class-action lawsuit alleging that its welfare funds are structured in violation of federal law.

One of the firm’s most recognized and celebrated lawyers is Elkan Abramowitz. A seasoned criminal defense litigator who is revered by clients and peers, Abramowitz is regularly called upon to handle the most sensitive and high-stakes cases. He and Telemachus Kasulis are handling a COVID-19 related fraud case, representing Rafael Martinez, CEO of MBE Capital, a lender to minority-owned businesses, against alleged fraud brought under the federal COVID-19 Paycheck Protection Program. The matter is being litigated in the Southern District of New York. Abramowitz is also handling COVID-19 related investigations. He has been tapped to represent the Chamber of the Office of the Governor of New York in the inquiries into nursing home orders and reports, as well as a large hospital systems for similar investigations.

In addition to the healthcare area, the firm has a burgeoning niche in handling cryptocurrency-related SEC investigations and related white-collar crime litigation. Anello and Brian Jacobs recently represented a programmer in a matter in which the client was extradited from Germany to face a criminal indictment involving conspiracy to engage in wire fraud and selling unregulated securities charges stemming from a cryptocurrency mining scheme. The matter was resolved satisfactorily for the client. Richard Albert and Lawrence Iason handled an SEC investigation into alleged false and misleading disclosures involving cryptocurrency assets, among others. In cryptocurrency-related litigation, the criminal and civil litigator Benjamin Fischer defended a private equity firm against alleged claims of a cryptocurrency Ponzi scheme. Beyond crypto, his litigation practice also involves arbitration proceedings, including a recent Financial Industry Regulatory Authority (FINRA) customer arbitration matter with Christopher Harwood, in which the team represents a broker dealer and its executive against failure to supervise claims. While Fischer maintains an established litigation practice, he is also involved in numerous investigations involving the SEC, the DoJ and FINRA.

Commercial and criminal litigators Spiro and Weinberg represented an attorney in an investigation brought by the Southern District of New York (SDNY) into tax issues in connection with dividend arbitrage trading. The team was successful in convincing the SDNY to not file a criminal lawsuit against the client. The team continues their representation in a related lawsuit filed by Belgian tax authorities seeking to recover refunds. Jonathan Sack’s work in his civil litigation and criminal investigations practice has recently included matters involving online adult video content. Sack is also handling investigations brought by government entities such as the SEC and the Consumer Financial Protection Bureau.

With seven of its 12 global offices situated strategically throughout the US, Proskauer provides a wide range of services to clients across a broad spectrum of practices ranging from commercial to intellectual property to securities, to white-collar crime and investigations, as well as its near-unparalleled status in specialty areas of employment, entertainment and sports law.
     The firm has also seen a pronounced spike in its bankruptcy profile, solidly on the strength of its mammoth appointment as lead outside counsel to the Financial Oversight and Management Board for Puerto Rico, which was created to oversee the restructuring of Puerto Rico's finances, valued at $125 billion. The Board's mandate is to return Puerto Rico to fiscal health with access to the capital markets, and to initiate pro-growth reforms designed to generate a free flow of capital between Puerto Rico and the US. In January 2020, the Proskauer team notched a watershed win before the US Court of Appeals for the First Circuit. This action involved a team of Proskauer attorneys from numerous offices, including Boston’s Timothy Mungovan, New York’s Martin Bienenstock, Margaret Dale and Stephen Ratner, and Los Angeles’ Michael Firestein. Dale, a commercial litigator who has made a noted pivot to bankruptcy, is involved in several other Puerto Rico-related issues, primarily dealing with employee retirement issues.
     A newly listed star this year, New York’s Peter Sherwin heads up the firm’s burgeoning international arbitration practice and dedicates a high percentage of his practice to cross-border actions. Sherwin successfully represented Bed Bath & Beyond in an action in Delaware Chancery Court to enforce an agreement by 1-800-Flowers to purchase a business line for $252 million. 1-800-Flowers sought to void the agreement, pointing to the unexpected impact of COVID-19.  After engaging in discovery, 1-800-Flowers settled and agreed to move forward with its purchase for $245 million. Another newly listed New York star, Hadassa Waxman is championed by a competitor as “an absolute superstar, a true leader in the area of white-collar litigation.” Brad Ruskin, whose practice straddles a unique intersection of antitrust and sports litigation, is defending Major League Soccer (MLS) against a lawsuit brought by the North American Soccer League (NASL) against MLS and the US Soccer Federation following US Soccer’s decision not to sanction NASL as a Division II professional league for the 2018 season. NASL alleges that MLS and US Soccer are engaged in an antitrust conspiracy to ensure that MLS is the sole Division I soccer league in the US. Summary judgment briefing was completed in April 2021.
     Proskauer’s California presence has been steadily increasing and the local market is taking notice. “We never saw them on our radar before but now we are monitoring their progress closely,” admits a peer from a local competing firm. In another action exemplifying Proskauer’s dominant position in sports law, Los Angeles’s Bart Williams represented the “Power 5 Conferences” in the trial of a high-profile class action brought by current and former NCAA Division I football and basketball players. The players filed an antitrust lawsuit challenging the limits on compensation and benefits for student-athletes. Plaintiffs sought an order removing existing limitations on compensation and benefits available to class members from schools or conferences. Following a 10-day bench trial, the court held that the challenged rules promote consumer demand for college sports by recognizing the distinction between college and professional sports. The ruling was upheld on appeal in May 2020. Williams also, along with Mungovan, represents Shamrock Capital Advisors, a private equity firm that was one of the principal investors in FanDuel, a bookmaker and fantasy sports provider. The litigation was brought by FanDuel’s founders and other minority shareholders against the client after a merger and alleges breach of fiduciary duty and unjust enrichment. Having scored favorable rulings for Johnson & Johnson in talc litigation, Williams’ product liability trial acumen (as well as that of Manuel Cachan) was called into service by Monsanto and its parent company Bayer, in a California case alleging that the use of Monsanto’s herbicide, RoundUp, caused the plaintiff’s nonHodgkin’s lymphoma. The case settled weeks before trial in January 2020. Williams is also lead counsel for toy company Mattel and their co-defendants in 23 separate product liability wrongful death cases in Delaware and California state courts related to the Fisher Price Rock-n-Play Sleeper. The cases allege that the toy in question was not safe for use as a sleeping device for infants. Williams is also defending Gilead Sciences in various Northern California state and federal product liability actions related to Gilead’s HIV prevention and treatment drugs. The cases allege that Gilead failed adequately to warn about the increased risk of potential kidney disease and bone injury that could result from its highly effective and FDA-approved HIV medications. The plaintiffs also allege that Gilead held back safer drugs that it could have brought to market sooner. Further exemplifying his all-purpose versatility, Williams represents Ellen DeGeneres and her loan-out company Monkey Business in connection with the investigation by WarnerMedia into work environment issues on the Ellen DeGeneres Show reported to involve claims that the show’s producers verbally abused staff and made racist and demeaning comments regarding the show’s guests. Williams is a universally revered trial lawyer, with peers offering unanimous support. “I have tremendous respect for him. He is one who just shines in front of a jury,” offers one peer.
     Proskauer continues to make strides in its intellectual property arena as well. The twin pillars of Los Angeles’ Sige Gutman and Boston’s Steven Bauer represent Amgen in a high-profile life sciences patent matter concerning Amgen’s development and commercialization of a biosimilar to Genentech’s Avastin, a monoclonal antibody cancer therapy. The trajectory of the case wound its way to the Federal Circuit, where the Proskauer team defeated Genentech’s motion for an injunction pending appeal and ultimately prevailed on the merits.

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

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

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

Since its inception in February 2018, New York’s Selendy & Gay has been one of the most talked-about firms in New York and beyond. Founding partners Philippe Selendy and Faith Gay, both venerated stars with Quinn Emanuel before launching this venture, have built a firm that encapsulates “diversity” in both its roster of partners as well as the varieties of work it takes on. It has emerged as a leader in securities (often in the plaintiff capacity), commercial, and appellate disputes, as well as novel public interest matters. The team of 13 seasoned litigators has been lauded for their “trial acumen, innovative courtroom strategies, and reputation for success” as voiced by a competitor. The firm is also one of the only majority women-owned firms of its status in the nation. 
     Gay and co-managing partner David Elsberg are lead counsel pro bono to the families of the victims of the Sandy Hook Elementary School shooting in the Remington Outdoor Company chapter 11 bankruptcy proceedings in Alabama federal court. The shooter used a Bushmaster brand AR-15 made and marketed by Remington. The team secured favorable terms for the families in the Remington debtors' bankruptcy plan, including a mechanism to allow the families and other tort claimants to continue their litigation efforts against Remington. The families have since filed notices with the bankruptcy court that they intend to proceed with their litigation efforts in Connecticut, where the families also brought wrongful death claims against Remington, and a trial is scheduled for next year. Gay, along with co-managing partner Jennifer Selendy, represent McKinsey & Company against claims by AlixPartners founder Jay Alix in a series of high-profile and high-stakes objections and motions brought by Alix in bankruptcy courts across the nation. Fellow founding partner Philippe Selendy and appellate specialist Caitlin Halligan (formerly a star with Gibson Dunn) are part of the lead counsel team appointed by a New York federal judge as interim lead counsel in what has been called a “blockbuster” bitcoin market manipulation case against Bitfinex and Tether. The team beat out two other sets of legal teams vying for lead plaintiff appointment in the proposed class action. The putative class action alleges that the controllers of the cryptocurrency exchange Bitfinex falsely represented that their purportedly stable cryptocurrency Tether was backed by US dollars in order to control the price of Bitcoin and other cryptocurrencies in a market-manipulation scheme that cost investors hundreds of billions of dollars. 

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. Hakki scored a victory for Sundial Growers by securing a unanimous affirmance of the dismissal of a putative securities class action after the client experienced stock price declines after its IPO. The litigation alleged, among other things, that the offering materials failed to disclose a purported product return and allegedly deficient quality control processes. In May 2020, the court granted the clients' motion to dismiss, which was unanimously affirmed in February 2021. Hakki and Richard Schwed achieved a victory on behalf of Bank of America and Merrill Lynch Commodities in a putative class action alleging that the clients, along with two of their former traders, were liable for "spoofing" trades (an order placed by a trader that intends to cancel) in the precious metals markets. This case was originally filed in 2019 the wake of a regulatory settlement between the clients and the DoJ/CFTC resolving an investigation into alleged spoofing by the traders in question. In March 2021, the motion to dismiss the class-action complaint was granted. Agnès Dunogué is called out by peers as “someone who is coming up fast and deserves more notice. She is very sophisticated in securities and does a lot of work with Adam Hakki.” In one such example, and a matter involving an intersection of antitrust and securities, Hakki and Dunogué achieved a victory for BNP Paribas in connection with a long-pending antitrust class action involving the market for US Treasury securities. Another frequent teammate of Hakki’s, Jeffrey Resetarits, is also generating a good deal of traction. “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.]”
     The firm’s white-collar criminal practice has remained equally active, logging favorable results for both individuals and entities. New York’s Stephen Fishbein obtained a victory on behalf of a former employee of a federal agency accused of leaking information that was then used by a hedge fund for securities trading. He was charged along with three other defendants and went to trial in the spring of 2018. The client was acquitted of 14 out of the 16 counts against him, including all of the conspiracy and securities fraud counts. Fishbein, along with John Nathanson, also represents longtime client SS&C Technologies in a number of litigations arising out of antitrust-related claims concerning certain software licenses. In another antitrust-related matter, Fishbein is defending 1-800 Contacts, an online retailer of contact lenses, against claims the client unlawfully orchestrated a web of anticompetitive agreements with rival online contact lens sellers that suppress competition in certain online search advertising auctions and that restrict internet advertising to consumers. Acting with Fishbein on this matter is Todd Stenerson, a DC-based antitrust practitioner that is steadily gaining more notice. 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.” A noted trial lawyer first and foremost, Stenerson represents clients – many of them being in the healthcare industry – on both the plaintiff and defense sides of the “V” in antitrust cases, occasionally crossing over into the RICO space and also occasionally incorporating elements of intellectual property.
     Shearman has been steadily gaining traction in its San Francisco office as well, and peers credit this largely to Daniel Laguardia, head of the firm’s Bay Area office (although also occasionally domiciled in the New York office as well.) Laguardia is another multifaceted litigator who primarily operates in the securities, regulatory and commercial litigation spaces. “He should get more notice,” insists a peer. “He is great to work with.”

International law firm Sidley Austin is home to lawyers across 20 offices worldwide. Headquartered in Chicago, the firm has a widespread footprint in the states with offices in Boston, Los Angeles, Century City, Palo Alto, San Francisco, Houston, Washington DC, and New York – hubs with significant authority in both litigation and corporate practice. Clients sing the firms praises on a multitude of areas: “What do they do well? Everything,” states one client in particular, adding, “Legal and technical expertise and client-friendly approach, by which I mean advice offering practical solutions, explained in a non-technical manner, executed promptly, with a minimum of management input, and cost-efficient.”

      A notable standout and co-lead of the Supreme Court and appellate practice is Peter Keisler, who clients describe as being “among the foremost litigators in the country” adding, “you could deduce that fact merely based on his team's remarkable clarity in written work and Peter's calm and compelling simplicity in oral argument. He is one of the only lawyers I have met that can effortlessly sound like a helpful advisor to the court, and at the same time a peer to the bench.” Clients also praise the team, declaring “The whole team is utterly humble and kind, and they approach their work with reverence, similar to how a concert pianist would approach a Steinway in a packed concert hall.” Another proclaims, “Mr. Keisler and his appellate group set the bar by which other firms are measured.” Fellow DC litigators Marinn Carlson and Jennifer Haworth McCandless are lead counsel in five large, ongoing investor-state arbitrations defending the Republic of Peru. Karen Popp and Kristin Graham Koehler are members of the lead counsel team representing a leading global network of higher education institutions in conjunction with False Claims Act allegations regarding one of their universities. Joseph Guerra, Carter Phillips, and new litigation star Virginia Seitz were members of the team that secured a significant high-profile victory on behalf of the U.S. House of Representatives in its challenge to the Trump administration’s diversion of $8.1 billion for construction of the southern border wall — billions of dollars more than Congress had appropriated for that purpose. The team represented the House in its appeal from a district court decision dismissing the House’s suit. Paul Kalb is defending Millennium Pharmaceuticals, Inc. in False Claims Act litigation filed by a former sales representative related to the drug Integrilin, alleging that defendants engaged in improper marketing of the drug, thereby causing false claims for reimbursement to be filed with the government. After a multistate investigation, the district court dismissed the case, which prompted appeals and cross-appeals. The Ninth Circuit affirmed all but one issue for the district court to reconsider. In April of 2020, the complaint was again dismissed. The decision is currently on appeal to the Ninth Circuit. Paul Zidlicky is representing the North American Meat Institute in its challenge under the Commerce Clause to California’s Proposition 12, which seeks to impose California’s animal confinement standards for pork and veal outside of California’s borders, and that allegedly discriminates against out-of-state competitors and imposes substantial burdens on interstate and foreign commerce. Mark Hopson is lead trial counsel for FleetCor Technologies in its litigation with the Federal Trade Commission. The FTC is seeking a permanent injunction and hundreds of millions of dollars in consumer redress. The case is currently pending in the Northern District of Georgia and trial is expected.

      Appellate litigator Tacy Flint is an experienced Chicago-based trial lawyer in matters related to commercial, intellectual property and constitutional actions. Flint was a member of the lead counsel team who successfully defeated two preliminary injunction motions at both the U.S. district court and court of appeals on behalf of the Barack Obama Foundation against an attempt to block the imminent construction of the Obama Presidential Center. Five years after the Foundation announced the plan to build the Obama Presidential Library Center, construction finally began in August 2021 as a result of these victories. Tom Rein and Connie Trela are part of the lead council team defending CalAmp Corporation in a case that alleged infringement on four Omega patents. After unfavorable trial, the judgement was appealed to the U.S. Court of Appeals for the Federal Circuit, the decision was vacated and remanded for a new trial on infringement, willfulness, and damages. After a retrial in 2019, the case remains on appeal.

      Dallas based partners Yolanda Garcia and Angela Zambrano were lead counsel to Forterra Inc. in a complete victory in a $100 million dollar “earn out” arbitration arising from the acquisition of certain building products companies by a private equity firm. Penny Reid leads the charge in representing the official committee of unsecured creditors of Highland Capital Management’s Chapter 11 bankruptcy case. Yvette Ostolaza serves as the managing partner of the Dallas office, and global co-leader of the litigation practice. She is lead counsel in an ongoing action on behalf of Airbus Helicopters Inc., and Airbus Helicopters S.A.S. in connection with a helicopter accident in the Grand Canyon on February 2018 that gained national attention. The team removed the case to federal court under a novel theory of federal officer jurisdiction that had been the source of a circuit split and untested in the Ninth Circuit Court of Appeals. After the case was remanded then stayed by the Ninth Circuit Court of Appeals pending an appeal by Airbus, the Ninth Circuit issued a 2-1 decision affirming the district court’s order. The case is now proceeding in the District Court of Clark County, Nevada.

      Joan Loughnane of the New York office represents one of the largest U.S. banks in an internal review and multiple parallel investigations concerning fraud in unemployment benefits applications and payments post-COVID through the Pandemic Unemployment Assistance program. This includes dozens of state and federal investigations being conducted by the Department of Labor, the U.S. Secret Service, and over a dozen states’ U.S. Attorneys’ Offices. Andrew Stern achieved an important victory for Tavistock Group, the owner of RoundPoint Mortgage Servicing Corp. after a trial in the Delaware Court of Chancery. The team represents the client in expedited litigation arising out of a merger agreement between RoundPoint and Freedom Mortgage Corp.

      San Francisco partner Sara Brody served as lead partner representing the former Officers and Directors of SunEdison, Inc. in defending securities, shareholder, and other related litigation arising initially out of a dramatic decline in the company’s stock price and liquidity issues that culminated in the largest renewable energy company bankruptcy in 2016. After five years of litigation, in February 2021, the final set of securities claims against Sidley’s clients were dismissed with prejudice pursuant to a settlement. The team was able to negotiate the resolution of all of these cases within the available insurance. Century City partners Chad Hummel and Jack Yeh are co-lead trial counsel in defending a case brought by the California Attorney General alleging under California’s Unfair Competition and False Advertising laws that Ashford University, and its co-defendant parent company, defrauded students into enrolling in their online degree programs. This first-of-its-kind-in-California case is scheduled for trial in October 2021.

Sullivan & Cromwell has grown from a small firm in New York’s Financial District to a 12-office international powerhouse routinely sought by clients for their most complex and pressing cases. Peers address the firm in tones of reverence. “They are a terrific firm with a deep bench. We view them as our primary competitors,” confirms one peer. Boasting a decades-long pedigree in the securities, commercial, white-collar and antitrust areas, Sullivan & Cromwell has recently emerged as a key player in the fields of intellectual property and bankruptcy, areas not typically known as the firm’s “calling cards.” One peer also observes, “I’m seeing more of them lately! Robert Giuffra was recently just made co-chair of the firm – that’s a good sign regarding their commitment to litigation.”

Giuffra, a mainstay in the firm’s New York office, remains one of the firm’s most established talents in the securities and class actions arenas. He is also lauded for his trial acumen, which, although rarely called into service, has been on display enough to impress peers. One insists, “Bob Giuffra knows how to try a case! That’s not always his clients’ M.O., for sure, but he can handle it if it came down to that.” Another extrapolates, “As far as defendants going to trials after class certifications, no one is willing to go the distance all the way to trial. But they are stretching it to see how far they can take it. A case with Bob Giuffra can go all the way up until two to three weeks before trial before settling.” Over the past several years, Giuffra has been at the helm of some of the most press-worthy and existential cases for his clients, which have included headline cases for Volkswagen, Fiat, UBS and Goldman Sachs, and this year was no exception. Giuffra acts with another all-purpose New York partner Sharon Nelles in the successful representation of current and former directors of Boeing in derivative litigation in the Delaware Court of Chancery alleging the directors breached their fiduciary duty by failing to adequately oversee airplane safety, concerning the design and development of the company’s 737 MAX aircraft following two 737 MAX fatal accidents in 2018 and 2019. The accidents led to the grounding of the entire fleet and an extensive recertification process with international aviation regulators. In November 2021, the parties entered into a proposed settlement to resolve all claims; the settlement was approved by the court in February 2022. Under the settlement, Boeing’s directors’ and officers’ insurers will pay $237.5 million to Boeing, and Boeing will undertake a number of corporate governance enhancements. Nelles is another of the firm’s most widely revered partners. “She is just the best,” raves one peer, summing up the general consensus. Nelles recently obtained the dismissal, upheld on appeal, on behalf of Volkswagen of an antitrust suit brought by an international supplier of automotive components who alleged that Volkswagen engaged in anticompetitive conduct by interfering with the plaintiff’s attempts to acquire other automotive parts suppliers, causing the plaintiff to allegedly lose roughly $1 billion in anticipated profits as a result. The plaintiff sought treble damages under federal and state antitrust laws. Leonid Traps, one of the firm’s impressive number of future stars, acted with Nelles on this case. Traps, along with Jonathan Carter, are recent entrants to the partnership and ones that have been met with commendations from their peers. “They are excellent lawyers and these are great promotions. S&C saw talent there and they recognized it and did the right thing. I have unlimited respect for them.”

Unanimously revered securities and antitrust partner Richard Pepperman leads a team that continues to represent Bayer AG on issues related to Bayer’s acquisition of Monsanto and is also defending Bayer in an arbitration in Frankfurt brought by BASF, which purchased various businesses that the Department of Justice (DoJ) required Bayer to divest. The hearings took place in person in November 2021, and a decision is pending. Acting with Pepperman on this matter is another new future star, Dustin Guzior. Guzior also acts with IP star Garrard Beeney in a novel and hotly contested case for Columbia University, in which the pair secured a unanimous verdict in its favor in a two-week patent infringement jury trial against NortonLifeLock in the Eastern District of Virginia. The jury found that Norton’s SONAR/BASH feature, which uses machine learning-generated models to identify and block previously unknown malware, infringed two Columbia patents. As a result of Norton’s infringement, the jury awarded Columbia a royalty for past infringement of more than $185 million, including a royalty for sales to customers outside of the US. Another newly ranked future star, Ann-Elizabeth Ostrager represented JP Morgan in obtaining dismissal of a lawsuit filed in the Southern District of New York in connection with a nearly $2 billion syndicated loan arranged by a group of banks led by JP Morgan for Millennium Laboratories. More than a year after the transaction closed, Millennium reached a $256 million settlement with the DoJ to resolve an investigation of its Medicare billing practices. Millennium eventually filed for bankruptcy after which the trustee filed a complaint asserting state securities and common law causes of action. In May 2020, the court dismissed all claims. Another newly appointed future star, Kamil Shields (based in the firm’s DC office) is lauded by peers in the white-collar capacity. “Between [longtime white-collar star] Karen Seymour, Nicole Friedlander and Kamil Shields, that is a trifecta of powerful female white-collar lawyers,” stresses one.

“I’m actually seeing more of Sullivan & Cromwell in Los Angeles,” ventures one peer, who goes on to credit the head of the firm’s West Coast litigation, Robert Sacks. Sacks represented AT&T and its current and former directors in the dismissal of class actions brought in New York State Court and the Southern District of New York arising out of AT&T’s acquisition of Time Warner. Plaintiffs alleged that, as part of the acquisition, AT&T materially misled Time Warner shareholders to exchange their stock for newly issued AT&T shares at an inflated price based on misrepresentations regarding AT&T’s streaming service, DirecTV Now. In May 2020, the New York Supreme Court granted Sacks’ motion to dismiss the state action in its entirety.

Historically known as an “old-line Houston firm,” Susman Godfrey has, within a relatively short period of time, reinvented itself as a litigation juggernaut with national ambitions, which it has fulfilled through its offices in New York, Seattle and Los Angeles. These offices, while newer, have quickly become key players in their respective markets due to them each being populated by high-level trial talent juggling a hybrid of plaintiff and defense commercial, antitrust, securities and intellectual property litigation with exceptionally high stakes. Susman is universally revered for its dedication to a prized culture – developed and fostered by founding partner and (since-deceased) trial lawyer extraordinaire Steve Susman – that grooms the “elite corps” of litigation. Eschewing market trends, the firm marches to the beat of its own drum. “Susman is an unusual firm, maybe a unicorn! I’m not sure that there’s another firm operating the way they do. They are the best of breed in so many ways.” A source within the firm confirms that its multi-pronged practice is booming to the point where further growth expected to absorb all the work, but in a measured fashion. “We don’t just hire the cream of the crop, we hire the cream of the cream! We don’t hire people out of judicial clerkships that would be the Top 5 draft picks at other firms.” Indeed, one peer, of similar ethos and standing among litigator, confirms the success of this approach: “I still think Susman is our primary peer and our main competition for the superstar associates coming out of law school.” Susman continues its reign as one of the “Top 20 Trial Firms” in this edition of Benchmark, with a healthy percentage of partners recognized as “Top 100 Trial Lawyers.”

     One of these, who has been consistently ranked in this elite group since the list’s inaugural publication, is Bill Carmody, who is domiciled in New York but universally recognized and nationally hired. “Bill Carmody is based in New York but he convincingly garners the style of the ‘Texas’-style trial lawyer,” observes one peer. In late 2021, Carmody led a team that stepped in one month before trial to defend Match and IAC in a multibillion-dollar case where the founders of Tinder alleged they were cheated out of the value of their stock options. The jury trial kicked off in November 2021, a month after which, a settlement was reached, the value of which was publicly reported to be over $440 million. Carmody also leads a massive class action against Google for misrepresenting its privacy settings when users employ “Incognito Mode.” This lawsuit, estimated to exceed $5 billion in value, alleges that Google leads users to believe that private browsing, whether by using Incognito mode on Chrome or “private” mode on other browsers, but fails to tell users that even when private browsing is enabled, Google still collects vast quantities of highly sensitive data. Carmody and his team cleared a major hurdle when, in March 2021, a California judge denied Google’s motion to dismiss. 

     Another of the firm’s top trial lawyers, Houston’s Neal Manne won a major victory in September 2021 for Vitol when a federal court in Puerto Rico rejected claims by the Puerto Rico Electric Power Authority (PREPA) to void six fuel-oil supply contracts and recover $3.89 billion. The court also ruled that Vitol was entitled to recover $28.4 million, plus interest, on its counterclaim for fuel oil that PREPA failed to pay for shortly before it filed the litigation. James Southwick is another Houston-based partner generating acclaim. “He is really smart and a great writer, with great judgment,” extols a peer.

     Los Angeles’s Kalpana Srinivasan is prosecuting claims of patent infringement on behalf of Caltech – the California Institute of Technology – against Samsung for technology related to its seminal WiFi patents on mobile and other devices.  Caltech previously successfully asserted the patents against Apple and the liability finding was affirmed on appeal. Srinivasan is also part of a team representing plaintiffs suing ubiquitous social media video-sharing app TikTok alleging breach of privacy. This team is led by newly ranked Los Angeles-based future star Michael Gervais, was among nine lawyers who were personally selected by a judge in the Northern District of Illinois to serve on the MDL Steering Committee. The team petitioned the court to approve a $92 million litigation-wide settlement. In October 2021, the judge granted the motion for preliminary approval of the deal. Gervais is representative of the younger generation of talent being groomed for trial stardom at Susman. New York’s Elisha Barron is another. “She was my classmate at Harvard and one of my good friends,” testifies a peer. “She represents Van Leeuwen ice cream and has a really impressive streak of wins for her vintage. She has just had a fascinating bunch of cases and does excellent work all around.”

Wachtell Lipton Rosen & Katz operates out of its one and only office in New York, but the firm’s prestige is undeniably national, and increasingly, international in scope. “Everyone knows Wachtell, or knows about them, and for very obvious reasons. They are masters at what they do.” The “what they do” is a reference to the firm’s famed M&A dispute practice, which, coupled with its transactional corporate practice, has allowed Wachtell do nothing short of corner a market. “Wachtell has decided that they want to pivot to doing work that is strictly focused around public company M&A work – that is where you get the premium work.” One peer marvels, “Increasingly, when I look at Wachtell, I am stunned by the growing level of diversity. I’m seeing a lot more international arbitration, which was never considered Wachtell’s forte, but with cross-border deals falling into dispute, [the firm’s services] are more in demand.” The firm has also been particularly active in the bankruptcy space (for which Emil Kleinhaus receives near-universal plaudits) and remains busy in the white-collar and investigations area as well (which has historically been the domain of John Savarese, still the firm’s dominant partner in this area.)
     Wachtell has seen increased activity in antitrust work as of late, mainly related to deals. The most recent and most public of these concerns the firm’s representation of Altria in the wake of an April 2020 complaint brought by the Federal Trade Commission (FTC) concerning formerly competing vape entities Altria and Juul. The FTC viewed Altria’s exit from the e-cigarette market and subsequent 2018 investment in 35% of Juul as anticompetitive and brought a suit to undo the deal. At trial, Jonathan Moses and Kevin Schwartz presented a straightforward defense: Altria made the decision to exit the e-vapor market following decades of difficulties in developing a product that would be both attractive to consumers and less harmful than cigarettes. The proceeding, which commenced in early June, was conducted remotely as the FTC’s first fully virtual administrative trial. Moses and Stephen DiPrima are also defending Altria in securities and derivative litigation connected with its JUUL investment after stockholder plaintiffs subsequently filed securities and derivative lawsuits, in the Eastern District of Virginia and in Virginia state court. The securities case survived a motion to dismiss and is proceeding through discovery, class certification, and summary judgment briefing on an expedited timetable.
     A unanimously revered practitioner, William Savitt has emerged as Wachtell’s central figure in the M&A litigation capacity. “Bill Savitt is better than everyone in M&A,” sums up one peer. “He is all over it and everyone loves him. [He is] Head and shoulders above everyone else.” Indeed, Savitt provides substance to this adulation with a lead appearance in a number of the firm’s key matters within the past year. One of these involves a $5.8 billion merger agreement deal entered in April 2020 by Dajia, the successor to Chinese insurance company Anbang, to sell 15 luxury hotels in the US. The other party to the deal refused to close, citing, among other things, changes in Anbang’s operations due to the Covid-19 pandemic and the purported failure of certain title insurance conditions. After an unfavorable ruling from the Delaware Court of Chancery, Dajia switched counsel to Savitt to represent them on appeal to the Delaware Supreme Court. Savitt also represents Dyal Capital Partners in litigation against Sixth Street Partners and Golub Capital. Investment funds affiliated with Dyal made minority equity investments in Sixth Street and Golub. In December 2020, Dyal announced a SPAC-related merger transaction valued at $12.5 billion. In February 2021, Sixth Street and Golub brought actions in the Delaware Court of Chancery and New York Supreme Court, respectively, seeking to block the transaction. In both cases, the preliminary injunctions moved for by the plaintiffs were denied and the transaction closed in May 2021. While peers are in agreement that “Bill Savitt is leading the charge,” it is also noted that “he has a great team around him that is also getting more prominent, and deservedly so.” In particular, Ryan McLeod, who acted with Savitt on the aforementioned Dajia matter, is singled out. McLeod also worked with Savitt on litigation concerning the merger of two satellite companies. The firm’s client was in the business of providing in-flight internet service, the business of which was severely interrupted during the height of the COVID pandemic, leading the other party to attempt to exit the deal. After the parties submitted dueling complaints in July 2020, in October, less than 48 hours before trial, a settlement was reached pursuant to which the parties mutually agreed to terminate the merger a $70 million cash payment was made to the client for the economic injury to its shareholders. An all-star firm team composed of Savitt, Jeff Wintner and Elaine Golin, as well as future stars Anitha Reddy and Lauren Kofke, acts as overarching strategic counsel, as well as resolution and corporate governance counsel, to Cardinal Health in connection with matters related to the opioid epidemic, as well as guiding the client through associated shareholder derivative litigation. In July 2021, the client agreed to pay up to $1.179 billion in a settlement agreement with the State of New York and its participating subdivisions to resolve opioid-related claims. A new partner at the firm, Sarah Eddy is working with Savitt in representing a special committee of independent directors formed to investigate allegations of sexual harassment and misconduct at Victoria’s Secret. “Sarah had a very senior role at the SDNY and is off to a very good start at Wachtell,” states a peer. A team composed of Marc Wolinsky, DiPrima and Carrie Reilly represents Match Group and IAC/InterActiveCorp in a $2 billion suit brought by a group of former employees of the dating app Tinder. The plaintiffs allege that the clients wrongfully interfered with a contractually established process for the independent valuation of Tinder by two national investment banks, resulting in a substantial undervaluation of Tinder and a consequent underpayment to the plaintiffs upon exercise of their stock options.

Despite Walden Macht & Haran’s relative newness in the ever-packed landscape of New York litigation, the firm has distinguished itself as formidable in the mere seven years since its founding in 2015. With its team members boasting such glitzy credentials as previous tenures as in-house counsel, federal prosecutors, and members of leading “Big Law” shops, the firm makes up for what it lacks in legacy with irrefutable experience among its practitioners. The Walden Macht & Haran team is most widely recognized for its laudable display of ability in the white-collar defense space.

James “Jim” Walden is a crucial member of the firm’s central leadership and white-collar practice, involving himself on a number of high-exposure matters. Walden currently serves as counsel to Medallion Financial’s president, Andrew Murstein, as the Securities and Exchange Commission investigates allegations of several securities law violations.

Also serving at the firm’s forefront is Sean Haran, who has cultivated a practice which incorporates complex civil litigation in addition to white-collar. Haran currently represents InterActiveCorp as the company faces a civil dispute arising from its air and real estate development rights in relation to the company’s headquarters, of famed architect Frank Gehry’s design.

Timothy Macht recently achieved the settlement of a federal antitrust dispute filed against News America Marketing (NAM) and its parent by Valassis, who sought damages in excess of half of a billion dollars in connection with NAM’s use of in-store promotions.

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. 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, luring partners from Windy City mainstay Jenner & Block and 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 L.A. 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 was at Venable before moving to Willkie,” states a 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 for nearly a decade has represented the co-trustee of a family trust who was embroiled in a long-running, multi-generational family dispute concerning who was behind a conspiracy to steal tens of millions from the trust, built by the Chinese immigrant grandparents through a successful real estate venture. Following a 2018 settlement, in which the trustee’s mother essentially agreed to forfeit $30 million due to the likelihood of her being behind the conspiracy, the mother then changed her mind and spent four years attempting to void the settlement. In March 2022, Weingarten triumphed in convincing the California Court of Appeal to enforce the settlement. A peer also notes that multi-faceted commercial litigator Simona Agnolucci “left [revered San Francisco litigation boutique] Keker [Van Nest & Peters] to open Willkie’s San Francisco office. She’s a player.” Working on a team with DC’s Michael Gottlieb (a newly elevated former future star in this edition) and Mark Stancil, Agnolucci secured a decisive victory in the US District Court for the District of South Carolina in obtaining a dismissal of nationwide class claims brought against Navy Federal Credit Union, a federally chartered, member-owned, not-for-profit credit union serving the military, veterans, and their families. A federal class action was first filed in the Southern District of California, alleging on behalf of a nationwide class that Navy Federal breached its agreement with certain of its customers by charging debit card users a small fee for certain overseas transactions. After Willkie filed Navy Federal’s motion to dismiss, the plaintiff voluntarily dismissed her complaint. Almost in parallel, another nearly identical lawsuit was filed by different plaintiffs in the District of South Carolina, which met with a similar voluntary dismissal.

Willkie’s insurance practice has made a substantial ascent as well. A peer advises, “Look into Christopher St. Jeanos – ask around about him! He’s a stand-up lawyer, 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.” Another testifies that St. Jeanos is “doing AIG work and all the Marsh work, and he is at the upper echelon in terms of quality.” St. Jeanos and longtime insurance star Mitchell Auslander (both based in the New York office) obtained a significant victory for AIG in litigation concerning McKesson, one of the leading distributors of prescription opioids in the US and a target of the sweeping litigation against all entities in the chain alleged to have contributed to the national epidemic. McKesson, which recently agreed to contribute $7.4 billion to settle thousands of opioid lawsuits brought by government entities across the country, sought coverage from AIG for its defense costs, judgments, and settlements incurred in the opioid lawsuits. At issue in the litigation are AIG policies with $375 million in total policy limits. The Willkie duo scored when the Northern District of California held, for the first time, that a wholesale drug distributor’s conduct in distributing opioids was not an “accident,” and therefore not covered under commercial general liability policies issued by AIG. The same pair also logged victory for this same client in similar claims brought by Purdue Pharma.
New York-based securities partners Todd Cosenza and Tariq Mundiya are representing Curo in a shareholder derivative suit regarding the company’s plans to transition Canadian borrowers from one type of loan to another. The derivative litigation is follow-on litigation from a 10b-5 case in the District of Kansas that has settled. Individually, Cosenza recently achieved a significant win, obtaining dismissal of a derivative action against the independent directors of Wells Fargo in a case arising out of alleged failures by Wells Fargo and its board to comply with several consent orders issued by banking and other federal regulators in the aftermath of its high-profile 2016 customer account fraud. Mundiya defended Resideo Technologies against claims arising from Honeywell’s 2018 spin-off of Resideo and earnings guidance provided in 2019, upon which Resideo’s stock price fell precipitously, leading to class-action litigation in Minnesota and derivative litigation in Delaware.

The chairman of the Chicago office, Craig Martin, debuts as a litigation star in this edition. Martin attends to a diverse portfolio of matters that encompasses consumer class actions – including one for Ulta Cosmetics concerning the resale of returned makeup – commercial litigation, quasi-white-collar work and pro bono human rights issues.

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.