Texas

Dallas-based Bailey Brauer is a litigation boutique equipped with the expertise to litigate an array of practice areas, including antitrust, appellate, business torts, class and collective actions, complex commercial litigation, products liability, employment, trade secrets and wrongful death claims. Name partner Clayton Bailey stands as one of the top trial and appellate lawyers distinguished for litigating complex tort and commercial matters, as well as putative antitrust class actions. Bailey is one of a handful of lawyers in his age bracket with experience representing clients on both plaintiff and defense sides of the aisle. His clients come from a wide variety of industries, recently including a former professional coach of Major League Soccer’s Real Salt Lake club and one of the largest chicken producers in Mexico, Pilgrim’s Pride Corporation.  

Bradley is a long-time leader in the southeast of the country, with roughly half of its force dedicated to litigation. The firm’s headquarters in Birmingham, Alabama has the largest concentration of its litigators, trailed by its Jackson, Mississippi and Nashville, Tennessee offices. Bradley’s acclaimed product liability practice garnered it national recognition, and is still a prized practice, along with commercial and appellate litigation, which have risen to prominence as well.

     The firm has several lawyers who have mastered the art of handling mass torts and multidistrict litigation. Product liability expert David Hymer has been the co-lead counsel defending CVS Health in a series of opioid-epidemic lawsuits nationwide.  He has been leading the team on five bellwether cases related to the MDL proceeding pending in the Northern District of Ohio. Hymer's team is responsible for overseeing document production efforts across all cases. Lindsey Boney has recently been leading clients in the life sciences industry through multidistrict litigation. Boney and fellow expert in product liability cases Kim Martin were lead counsel to Wyeth (whose parent company is Pfizer) in a case alleging that it engaged in off-label promotion of its prescription medicine amiodarone. Boney led oral argument before the First District of the California Court of Appeal, which published an opinion of its affirmed dismissal.

     Martin, partner in the Huntsville office, and Birmingham partner Leigh Anne Hodge are both nationally recognized as product liability authorities. Along with Jackson, Mississippi partners Will Manuel and Margaret Cupples, they lead the teams in the high-profile 3M multidistrict litigation regarding its allegedly defective earplugs. Manuel and Cupples are leading teams in the MDL consolidated in the Northern District of Florida, where they have been handling depositions and discovery. Cupples serves as national writing counsel for the team. Martin and Hodge have been leading the Case Specific Expert Team, which has been supervising a team of more than 20 of the firm’s lawyers to handle expert reports and depositions, including coordinating with ENT experts for plaintiffs across the 121 cases the team is responsible for handling in Waves 1 and 2. Martin, Hodge, and Manuel specialize in other areas in addition to product liability. Martin’s practice also includes white-collar crime and False Claims Act litigation, in which she recently obtained a dismissal in a case. Hodge serves as the firm’s co-chair of the litigation group and has developed expertise in handling matters on behalf of the healthcare industry. She recently handled a number of cases on behalf of Fresenius, litigating an array of matters from product liability mass tort to medical malpractice lawsuits. She is additionally lead on ERISA [DJ1] cases, currently handling a case on behalf of MetLife. Manuel represents an accounting firm, Horne, in a bankruptcy-related case alleging professional liability claims after farmers sold grain to the now-insolvent grain dealer Express Grain Terminals (EGT). Owing to EGT’s bankruptcy, declared after the sale, the farmers were not paid or were drastically underpaid and have since filed lawsuits against the client and the company’s bank.

     Birmingham partner Anne Marie Seibel has maintained a nationwide practice that involves class actions and multi-plaintiff commercial disputes. As of late, she has been defending Priceline against lawsuits challenging the tax services provided by online travel companies like Priceline. After the pandemic, two cases were filed, framed as False Claims Act lawsuits. Seibel removed one to federal court, and one remains in state court, involving issues of first impression for the Nevada False Claims Act. Seibel secured a summary judgment ruling in the federal court case.

Formidable in a myriad of practice areas, Gibson Dunn & Crutcher remains one of the most in-demand and influential firms in litigation. With offices across the country, especially in major markets, there is no shortage of nationally recognized litigators who dutifully uphold the firm’s exceptional reputation. “Gibson Dunn is doing a good job in having an array of people in a variety of cases,” sums up one contemporary, who also notes, “And it’s also cross-ideological. They have people who are more liberal and others who are more conservative, and yet they all work well together very professionally.” A client testifies, “Gibson Dunn is excellent and has greater resources [than many of the firms I use for smaller litigations.]”
     Already comprehensively entrenched nationally, Gibson Dunn remains in growth mode. This is arguably most obviously visible via its Texas operations, whose ranks have been swelling with trial talent as of late. In September 2022, the firm welcomed former Fifth Circuit judge Gregg Costa to its Houston’s office. Costa is a celebrated figure in this market and has been focused on building out that office’s civil trials and white-collar capacity. Cox was part of a team that achieved a milestone summary-judgment victory followed by a sweeping victory at trial for an ad hoc group of lenders in the Serta Simmons Bedding dispute in Bankruptcy Court in Texas, validating a market-leading transaction that provided Serta Simmons Bedding with new liquidity and capital structure relief in order to ensure its survival during the early days of the COVID-19 pandemic. Collin Cox, a commercial litigator who earned his stripes at boutique firm Yetter Coleman, also lends a flair for trial to this office. The Dallas office has been equally abuzz of late; in July of 2024, the firm augmented its already-strong bench in that city with the addition of Liz Ryan, formerly with Weil Gotshal, who peers address as an “awesome trial lawyer.” Trey Cox, another Dallas partner who honed his chops at another firm (the boutique now known as Lynn Pinker Hurst & Schwegmann) is championed as “someone who tries cases and very often wins.” Also in Dallas, Allyson Ho obtained victories for Vistra and Luminant in litigation stemming from Winter Storm Uri, securing reversal from the Houston Court of Appeals of the MDL court’s refusal to dismiss billions of dollars in personal injury and property claims against Vistra and other Texas generators. “All in all,” surmises a local peer, “this is Texas litigation at its finest. We are hard-asses around here about outsiders coming in [to the Texas trial lawyer scene] and thinking they can hang, but Gibson Dunn is doing it right.”
     There has been no shortage of milestones logged in other offices as well. Thomas Hungar, an appellate specialist in the DC office, obtained a 9-0 Supreme Court win for Slack Technologies in what has been hailed as the first securities and derivative suit relating to going public through a direct listing. Also in DC, David Burns, a white-collar practitioner with a niche national-security practice, is also a noted favorite. “David has great experience at the DoJ, and he is really smart and thoughtful,” testifies a client. “My entire team likes working with him, and he builds a strong team within Gibson Dunn too. He is a go-to person for challenging, high-risk investigations and disputes, and also gives good general risk-management advice.”
     Gibson Dunn maintains its historic stronghold in the California market. In Los Angeles, where the firm’s roots begin, Theane Evangelis has experienced a remarkable rise in profile on the strength of her multifaceted practice that incorporates appellate, labor and employment, and media and entertainment. Evangelis persuaded the Supreme Court to grant certiorari and decide whether the enforcement of generally applicable laws regulating camping on public property constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment. The Supreme Court’s grant of review comes after hundreds of amici—including states, cities, politicians and myriad community and business groups—told the Court that the Ninth Circuit’s unprecedented interpretation of the Eighth Amendment has contributed to the growing problem of encampments in cities across the West. In the San Francisco office, securities star Brian Lutz is cheered by a peer as “matter-of-fact and easy to deal with.” Lutz secured dismissal of a shareholder derivative action against the Board of Directors of Block (f/k/a Square) arising out of Square’s acquisition by a group of recording artists led by hip-hop mogul Jay-Z of the music streaming service TIDAL. Lutz also secured a full dismissal with prejudice for Danimer Scientific of a securities class action related to alleged “greenwashing” statements about the company’s products used in biodegradable plastic utensils and packaging.
     In the New York office, Orin Snyder, a commercial litigator with a noted niche in media and entertainment, remains a ubiquitous figure. “Orin is always involved in the media stuff I do,” confirms a practice-area peer, “but I have to admit, he’s more hooked-up than I am! Want to meet Jerry Seinfeld or get backstage at a Billy Joel concert? Orin has the in – his profile is just at that level.” Illustrating this point, Snyder achieved a historic victory for pro bono client Deon Jones when a federal jury returned a unanimous verdict in his favor, finding that a Los Angeles Police Department officer violated the client’s Fourth Amendment rights by shooting him in the face with a rubber bullet during a demonstration in the wake of the George Floyd murder. Following a seven-day trial, the jury awarded $375,000 to the client. Snyder was also part of the firm team on the aforementioned Serta Simmons bankruptcy case. In another tangentially entertainment-oriented matter, Reed Brodsky and Rahim Moloo scored for Jay-Z’s SCLiquor in an intense battle with a Bacardi subsidiary, resolving over 10 actions with a negotiated transaction over a premium cognac company. Laura Goldman is addressed by a peer as “the go-to legal issues person at Gibson. I would hire her to write a brief in a heartbeat – she’s excellent.”

Texas litigation boutique Hicks Thomas operates its trial acumen out of its Houston headquarters and additional offices in Austin, Amarillo and Beaumont. The firm’s focus on litigation, developed over 25 years, has expanded its capabilities across practice areas. “There is not really any type of litigation in Texas which I would not consider using them for,” says a client. Its bench strength and business-savvy approach is also complimented by a client. “They were very easy to work [with], prepared and effective,” the client notes. “Most importantly, they never lost sight of the business realities that needed to be taken into account in resolving the litigation.”

     Co-founder of the firm John Thomas is a leading litigator with a diverse history of cases including commercial, intellectual, oil and gas, and environmental litigation. He has been the lead partner handling a series of cases for Mattress Firm. Thomas is currently engaged in representing former executives and developers in a lawsuit arising from a multi-year fraud, bribery and kickback scheme which involved the senior management of a retail company, real estate brokerage firm and multiple developers. The case has garnered significant press and media attention. Beaumont-based partner Jay Old is recognized for his vast experience and capability across practice areas, including insurance, product liability, professional liability, healthcare, and construction litigation. Old and lead partner Courtney Ervin are representing a well-known insurance company in a complex coverage case challenging what constitutes financial losses under commercial general liability policy. This year, Ervin was elevated to “Litigation Star” status. Her focus on commercial and business disputes is coupled with an emphasis on resolving matters on behalf of clients in the energy and construction fields. Ervin represents Southcross Gulf Coast Transmission in its lawsuit against Max Midstream Texas after the defendant refused to make payments pursuant to the purchase agreement for the Karnes-Wharton-Refugio pipeline. The case is currently pending. Meanwhile, in a separate area of practice, Ervin represents Valaris in a maritime law dispute challenging fault and causation for accidents at sea.

     An accomplished commercial litigator of the Houston office, Robin Harrison receives compliments from clients for his trusted representation and his depth of expertise. “Robin is a very smart and talented litigator,” describes the client. “He is calm in all circumstances and his experience allows him to handle cases efficiently and with less strain on the client.” Harrison acts as lead trial and appellate lawyer representing GPH in its suit against Benelux Cosmetics and Anviri Cosmetics alleging breach of contract, conversion, and business disparagement claims. Defendant Benelux filed counterclaims alleging breach of contract, breach of warranty, fraud and deceptive trade practices. On appeal at the 14^th Court of Appeals in Houston, Harrison reversed the jury’s verdict on the counterclaims. The court rendered a judgment that reversed a nearly $3 million award and found Benelux did not present legally sufficient evidence to support a damages award.

With offices across the country and around the world, Hunton Andrews Kurth is praised for its ability to provide clients with exceptional service across many practice areas. Clients have noted the variety of issues for which they can turn to the firm: “Class actions, regulatory advice, cybersecurity litigation, and arbitration.” Another client shared, “Hunton Andrews Kurth has provided a variety of legal services to us recently. Hunton has provided advice and counsel on commercial contracts, litigation, class action litigation, employment issues and franchising.” In the same vein, the client commented on the firm’s service, adding, “Hunton brings a level of service that is above and beyond what we experience with other firms. They understand the client and provide counsel in a timely manner.”

From the Houston office, Kelsey Hope’s focus is complex commercial disputes with an emphasis in the managed-care industry. Hope was on the team that secured a victory for the Rite Aid Corporation against litigation brought on by a group of insurance and pharmacy benefit companies seeking more than $100 million from the national pharmacy chain for allegedly overcharging for prescription medications. After a two-week trial, within a few hours the jury returned a ruling in favor of Rite Aid.

Another member of that team, Chris Dufek focuses on antitrust and consumer protection. Dufek, who works out of the Washington DC office, has represented clients in complex commercial and class action cases concerning antitrust and consumer protection laws, cybersecurity, fraud, and contractual disputes.

Richmond-based Elbert Lin receives praise from peers who said: “Elbert Lin – He's the man!” Lin served as one of the lead counsels when the firm won a nearly $47 million judgment for its client Dewberry Engineers (“Dewberry”), a provider of professional services for the built environment against defendant Dewberry Group, a real estate company. The judgment, entered by the US District Court for the Eastern District of Virginia after a three-day trial, resulting from Dewberry’s claims against the defendant for federal and state trademark infringement and breach of contract.

In the New York office, Jeremy Boczko focuses on intellectual property rights. He has represented clients in trademark, copyright, and patent trials. Fellow New York partner Armin Ghiam advises clients on intellectual property assets in mergers and acquisitions. He also has experience with patent preparation. Together they were lead partners representing Hisamitsu America, the maker of SALONPAS Brand Pain Relieving Patches. Scilex accused Hisamitsu of mislabeling these patches by marketing their products as “maximum strength” within the over-the-counter category. The court has dismissed the bulk of Scilex’s claims.

In Florida, Andrea DeField focuses on recovering insurance funds. She also leads Hunton's cyber insurance practice. She was a lead on the team that secured a victory for the United States Sugar Corporation. US Sugar’s insurer refused to provide coverage for the expenses incurred in defending a bet-the-company environmental case regarding its practice of cane-burning. The court found that the policy covered the cane-burning action and that the insurer owed US Sugar more than $6.5 million in defense expenses.

With its main headquarters in Atlanta, King & Spalding has more than a dozen offices across the US, and more overseas. The firm’s international presence makes it possible to try and manage cases around the world in multiple jurisdictions for corporate clients from trial to appeal. Its government matters team includes former US attorneys and senior officials from regulatory and enforcement organizations like the US Securities and Exchange Commission, the Environmental Protection Agency, and the Food and Drug Administration. The firm can lead clients through complex investigations brought by US and foreign enforcement agencies.  The firm has also made several key recruits in its New York office of late, first luring seasoned trial statesman Randy Mastro in 2022 and, in 2023, adding Jennifer Recine, a quickly ascended younger star who made a name for herself at Kasowitz for her varied commercial litigation practice that includes an emphasis on real estate and distressed assets.

Ursula Henninger works out of both the Miami and Charlotte offices. Her practice specialized in product liability and mass torts. She often handles cases that involve allegations of corporate misconduct and claims for punitive damages, representing companies in cases including tobacco, pharmaceuticals, and other industries. In the past year, Henninger represented R.J. Reynolds in two cases in Miami. In the first, she gave the closing arguments before a jury that reached a verdict in favor of the client, rejecting the plaintiff's $15 million demand. She also retried and reversed an Engle progeny case in which the plaintiff was originally awarded $41 million.

In Texas, Tracie Renfroe is co-leader of the firm’s Product Liability and Mass Torts litigation group. She has defended clients in class actions, arbitrations, and administrative agency proceedings, and her skill, with clients in the pharmaceutical and energy sectors, in presenting complex scientific and technical issues to judges and juries is key. Renfroe is one of the lead attorneys defending the energy company Baker Hughes, which had a flow and process technology facility in Louisiana that plaintiffs allege contaminated the surrounding groundwater, soil, and air with trichloroethene. So far, Renfroe has successfully defeated multiple motions for class certification and is preparing for trial.

In Texas and New York, Mike Stenglein is the chair of the firm’s global construction and engineering disputes practice. His concentration falls under complex business disputes, usually in the construction and private equity sectors. Reficar, a Colombian state-owned oil refinery, has been in a long-running dispute over construction costs with McDermott International, a construction company. Stenglein was one of the lead partners to help win a $900 million award for Reficar in an arbitration before the International Chamber of Commerce.

Morty Dubin’s New York practice includes product liability, toxic and environmental torts, and class action defense. He has experience with mass torts and asbestos claims. In the past year, Dubin won a jury verdict for Johnson & Johnson concluding that its baby powder talc product did not cause the plaintiff’s ovarian cancer. In another case, he won a defense verdict for Union Carbide by convincing the jury to reject a mesothelioma wrongful-death claim brought on behalf of a deceased worker.

Alvin Lee’s clients are often in the financial services, energy, chemical, and technology sectors. His practice includes energy and infrastructure projects and commercial litigation. He was the co-lead attorney representing JP Morgan in a suit brought by Canadian Breaks, a wind farm in Texas. Canadian Breaks alleges that a force majeure provision excused its performance during winter storm Uri. A judge granted a summary judgement, concluding that the storm did not constitute force majeure under the hedge agreement between JPMorgan and Canadian Breaks.

Since its inception, McKool Smith has established itself as a litigation force to be reckoned with, a reputation that continues today on the strength of its deep bench of trial lawyers that spans seven offices throughout the US (four in Texas, the state in which the firm saw its genesis.) Firm figurehead and founder Mike McKool has since departed, but the firm retains the name and its image as frequent and battle-tested denizens of the courtroom. “McKool is a real trial firm,” states one peer in summation. “Those people have trials in their DNA!” Another concurs, “The culture there is one that has long been imbued by giving their all in court.” Clients are equally appreciative of the firm’s approach. “They understand current trends in highly specialized areas of litigation. They identify risks and opportunities and guide towards meaningful resolutions.”
     A new litigation star making her debut in this edition, Jennifer Truelove, a versatile practitioner in the Marshall, Texas office who has demonstrated a particular flair for patent litigation, helped secure a $303 million patent-infringement verdict on behalf of Netlist against Samsung, with a jury finding Samsung willfully infringed three of Netlist’s patents related to computer memory technology. Netlist had previously licensed the patents to Samsung, but that agreement expired in 2020. After the license expired, Samsung continued to knowingly use semiconductor memory products that infringed Netlist’s patents. The verdict was announced in April 2023, following a jury trial. Truelove scored against Samsung again in April 2024, when, as co-counsel, she secured a patent infringement verdict for $142 million, including a running royalty on behalf of G+ Communications. In the Dallas office, David Sochia represents PARC in a multi-patent case against Facebook, Twitter, and Snap involving advertising and social media technologies. A peer in the patent space insists, “David Sochia – you’ve got to look closer at him!” Michael Fritz, also in Dallas, is touted for commercial and intellectual property litigation. Fritz is cheered by a client as “very thorough and a good communicator.” While the firm’s Lone Star State operations have a well earned legacy for patent work, that is not exclusively the focus of practitioners in these offices. “[Houston’s] John Sparacino is an outstanding attorney,” extols one peer. “And he does no patent work, to my knowledge – he’s doing bankruptcy work!”    
     McKool Smith has experienced substantial growth outside of Texas as well, both in practice-area breadth and in practitioner headroom. In New York, Christopher Johnson leads a team acting on behalf of HSBC, as trustee, in litigating coordinated cases that collectively seek repurchase of nearly $2 billion of defective mortgage loans. All cases survived motions to dismiss, and the parties subsequently reached tentative settlements in all cases between May and October 2023. Two other partners acting with Johnson on this case, Courtney Statfeld and Robert Scheef, are also earning their own favorable impressions from clients. “Courtney Statfeld is an excellent litigator with strong courtroom skills and great presence,” enthuses one peer. “She is also very good at distilling complex facts into clear, effective arguments.” Another client raves on Scheef’s behalf, “Rob Scheef has a masterful understanding of the RMBS litigation environment.  He offers thoughtful litigation advice beyond nuts and bolts, and he sees the entire picture.”
     Domiciled in the DC office, Alan Whitehurst is praised by a client as “a strategic thinker [who] possesses [an] outstanding blend of poised advocacy, technical skills, and tactical judgment. He is a strong advocate in IP litigation and is achievement oriented.”

A litigation boutique with a plaintiff-side ethos, Reid Collins & Tsai has crafted itself as a maverick in the world of trial litigation. The firm has strategically expanded from its Texas roots to include posts in the New York, District of Columbia, and Delaware markets. The firm's calculated five-office footprint has amassed national recognition, notably for its high-stakes commercial and bankruptcy litigation. An appreciative client testifies, “Reid Collins represented me in my capacity as a Trustee for a post-confirmation bankruptcy trust where they pursued recovery of significant avoidable transfers.”
     Co-founding partner hailing from the Austin office, Bill Reid enjoys a far-reaching reputation as an all-purpose trial lawyer equipped to handle any case. He and the team have led a variety of critical lawsuits, obtaining and preserving billions of dollars in judgments, settlements, and value while creating critical precedent in myriad financial fraud, insolvency, and professional liability matters, among others. Eric Madden enjoys a rising profile on the strength of his bankruptcy and commercial work. Madden represents the successor to Insys Therapeutics, Insys Liquidation Trust, formed after the company’s illegal off-label marketing scheme led it to bankruptcy due to a series of criminal proceedings, class actions and civil cases that resulted in racketeering charges against executives and a $225 million fine to settle other investigations. Madden served as lead counsel in the company’s investigation and prosecution of claims against former executives and related professionals. He successfully negotiated a $175 million settlement with the company’s outside directors – among other favorable settlements. “Eric Madden is a very strategic thinker and extremely thorough,” extols a client. “He has consistently demonstrated his strong analytical, creative, communication and negotiating skills in the cases where I’ve had the opportunity to work with him.” Lisa Tsai led a matter on which she filed suit on behalf of a partner and co-founder of private-equity entity Emerald Lake Capital Management against several individuals who are alleged to have engaged in a bad-faith scheme to confiscate the client’s valuable partnership interest and carried interest grants, and attempting to conceal this by making false and defamatory statements to Emerald Lake investors. The client seeks no less than $40 million in compensatory damages.

Reynolds Frizzell is one of Houston’s many litigation boutiques and one that has etched itself a prized position in that particular market, with peers and clients offering their praise on the firm’s behalf. “They are one of my top go-to litigation counsel, particularly in the oil and gas industry that I operate within,” testifies one client. Indeed, the firm’s calling card is heavy with energy-related matters, in keeping with Houston’s primary economic driver. However, Reynolds Frizzell partners have been called into service for matters ranging from professional malpractice matters to commercial matters involving avocados.

     In one recent novel matter, Transocean Offshore Deepwater Drilling Chris Reynolds and Jean Frizzell to pursue patent-infringement cases against Noble Corporation plc (along with various of its subsidiaries and affiliates) and Diamond Offshore Drilling (along with various of its affiliates and subsidiaries). The four patents at issue in the two cases cover the dual-activity technology that Transocean had patented with respect to offshore drilling in ultra-deep waters. The case against Noble covers five different drill ships.  This case was successfully resolved in October 2020. Frizzell was also selected to represent the Dallas Police and Firefighters Pension Fund in its claim against its former actuarial firm for breaching its contractual, statutory and common-law duties in connection with the inception of and modifications to a DROP program (deferred retirement plan) that was purportedly designed to retain senior employees, but instead put the entire pension system at risk after billions in losses. Frizzell was also chosen to lead a team that was hired in 2019 to help original counsel prepare and try a major pipeline construction dispute on behalf of USPL against Rover, which is owned in majority part by Energy Transfer. USPL was seeking approximately $100 million in damages for extra work. In turn, Rover counterclaimed and asserted that USPL did faulty work with respect to certain geotechnical-related work and what Rover claims to be “restoration failures” along the pipeline route. Rover’s claim was for approximately $36 million in damages. Jeremy Doyle was hired Performance Contractors to represent it, as co-counsel with another firm, in connection with a construction dispute involving a $900 million polyethylene plant. The parties are currently engaged in discovery and the lawsuit is set for trial in September 2021. Mike Oldham was retained by World Garden in a suit filed in federal court to enforce World’s Garden’s exclusive distribution agreement with Calavo, the largest producer of avocados and guacamole.  World’s Garden is Calavo’s exclusive distributor to Europe and parts of Asia. World’s Garden asserts claims for fraud and breach of contract, alleging that World’s Garden has established a strong and growing market for Calavo’s products in Europe but now Calavo seeks to cut World’s Garden out and service those international markets directly. 

Sidley Austin occupies a prestigious position that has grown far beyond its Chicago roots and blossomed into a full-service international powerhouse. “They really cover the waterfront,” declares a peer, speaking to depth and breadth of the firm’s practice portfolio. “They have some great people across almost every area.” While the firm has grown to global stature, it is still considered primarily for its national footprint, particularly in its offices in LA and San Francisco, Dallas, DC and New York, as well as the aforementioned Windy City. The firm is also cheered for its approach to litigation; one peer testifies, “I’ve recently had good experiences with Sidley. They are not only good litigators but there’s also an ethic there across the board. You can tell how they lean, they’re very polite, and I value that. I view that as someone you want to work with. You know, we’re in litigation, but we don’t have to be doing battle all the time.”
     The firm’s DC office, already considered one of its strongest, made a significant augmentation in 2024, when it lured Greg Williams and Richard Smith to its ranks from Wiley Rein. “Greg and Richard were at Covington [& Burling] before – they seem to be moving in parallel! They are both great, and that’s a nice boost for [Sidley.]” Williams’ hire has been viewed as a strategic enhancement to the firm’s international arbitration and litigation practice, which has historically been regarded as one of the country’s most seasoned. The firm’s DC office is also home another Covington alumnus, Jennifer Saulino, a product liability star who makes the remarkable three-pronged debut in Benchmark as a litigation star, one of the Top 100 Trial Lawyers in America, and one of the Top 250 Women in Litigation on the strength of some considerable credentials and peer review. “Jennifer belongs in the top league,” insists another peer on the Top 100 Trial Lawyers list. “She’s versatile and great on her feet in court, where she spends a lot of time.” Saulino obtained a major victory on behalf of Roundup herbicide manufacturer Monsanto in a product-liability trial alleging that Roundup was linked to the plaintiffs’ injuries. In March 2024, the plaintiffs voluntarily dismissed their case with prejudice, unable to prove that Roundup was the cause of their alleged injuries. The judge accepted the dismissal with prejudice and discharged the jury. The DC office is also home to not only the firm’s but the country’s top appellate luminaries, Carter Phillips. “I often forget to mention him, not because he’s not still killing it, but just because I take it as such a given,” states a peer. Phillips secured a major victory when the Second Circuit affirmed a judgment against Lynn Tilton and her companies for breaching her fiduciary duties to TransCare and conducting an actual fraudulent conveyance. Phillips argued the appeal and led the briefing team. DC’s William Levi is namechecked as the next generation of appellate firepower. “Will came into a case we had involving Microsoft, and he was the lead on the legal issues team. He’s not a trial lawyer, but he’s a great appellate counselor. He can write a brief on the fly that tells the judge the facts with common sense.”
     Based in the New York office, Eamon Joyce, who makes the leap from future star to litigation star in this edition, recently successfully settled the last of a series of putative class action cases, which began in 2014, involving allegations that Kimberly-Clark Corporation’s flushable wipes are not in fact flushable. In a series of cases filed around the country, plaintiffs (consumers and municipalities) alleged the claims of “flushable” and “sewer-and-septic safe” on the packages for Cottonelle and other Kimberly-Clark brand flushable wipes were false and misleading. In the firm’s San Francisco office, Sarah Brody is routinely championed by peers in securities capacity. “I’m a big fan of Sarah,” declares one, “and she’s got a great practice. She has had a lot of cases involving startups – there are a lot of them in the Bay Area – that go public…and then they fail. Sarah has had a sweet spot with that.” In the labor and employment practice, Wendy Lazerson is praised by a client as “very experienced, smart, and knowledgeable, who diligently and thoughtfully represented our interests.” In the Los Angeles office, Debra Pole has long been acknowledged as a product liability trial lawyer. “She’s still a rockstar,” enthuses a peer. “She still commands the room.”

Houston litigation boutique Smyser Kaplan & Veselka enjoys a praise-worthy reputation in the city’s legal community. The firm was established by three litigators recognized as the city’s top litigation talent – Craig Smyser, Lee Kaplan and Larry Veselka. Since its founding, the three name partners have built a bench of trial lawyers across practice areas. A client comments, “Strategy and trial. This is one of our go-to firms for trials. Across the board, this is the best Texas trial firm.” The firm has historically been recognized for its energy industry representation, most notably, though, for its capability to represent operators and mineral owners alike.

     While the firm’s senior talent is unquestionably embedded in the city’s primary industry of energy, Smyser Kaplan is not exclusive to that sector. White-collar crime litigator Dane Ball is among the firm’s younger established partners, and one who whose work crosses all industry sectors. Ball is the lead lawyer defending an individual indicted on alleged fraud charges following the $1 billion collapse of First NBC Bank, one of the largest bank fraud cases.

     Ball and Smyser successfully defended McKesson against a multidistrict litigation lawsuit filed by 77 Texas counties using novel public nuisance legal theory to allege that McKesson played a key role in the opioid epidemic. States and counties have sought to hold distributors and manufacturers accountable nationwide. Smyser as lead counsel advocated for McKesson and co-defendants during hearings, led negotiations, and set the strategy for defense. Smyser and Ball negotiated a settlement as part of a state-wide agreement. In another Texas-centered case, the partners make up the team serving as defense counsel for the Director of Safety for the Astroworld Festival. The team is in the midst of deposing plaintiffs in the MDL alleging personal injury, negligence, and wrongful death claims.

     Veselka’s civil and commercial practice over the last year has handled cases for a diversity of clients. He represented the Mineral Interest Owners in a large ranch, Petty Business Enterprises, in their lawsuit against lessees for failure to pay all royalties due. Originally, the claim was filed in state court, but Veselka moved the case to Bankruptcy Court for the Southern District of Texas where it was tried. Veselka won more than $10 million for the plaintiffs in the court’s Memorandum Opinion, leading to a successful settlement that was approved by the Judge in June 2022. Veselka is currently handling a white-collar crime matter, as well as a commercial case representing the plaintiff, Patriot Contracting, against subcontractors and the owner of a mixed use, mid-rise, two-block apartment building. Veselka is asserting claims and defending counterclaims filed by the owner.

     Kaplan led a team that represented Vitol Americas Corporation in a breach of contract and fraud lawsuit against Targa Channelview over the construction of a splitter facility in Channelview. Following a hotly contested five-week bench trial held virtually, the firm’s team obtained a $158 million judgment in the client’s favor. Kaplan and the team, which includes appellate specialist Garland Murphy, successfully defended the win at the 14^th Court of Appeals and is currently taking the case to the Texas Supreme Court. Murphy is also working with Kaplan in representing Vitol in another business litigation case against Targa in one of the many cases to erupt from the February 2021 winter Storm Uri.

Historically known as an “old-line Houston firm” (and still a dominant force in that metropolis), within fairly short order Susman Godfrey has 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 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 Stephen Susman – that grooms the “elite corps” of litigation. Peers acknowledge the firm’s strategic expansion with typical admiration. “Susman Godfrey is a like a litigation boutique that has gone haywire - in a good way! They didn’t just grow for the sake of adding headcount. They put fabulous people in all stations.” Eschewing market trends, the firm marches to the beat of its own drum. One peer marvels: “Susman Godfrey is so innovative! They really bring the best of breed in terms of skills, and it’s top-to-bottom. It’s not just a bunch of old guys. Their younger people are every bit as impressive.” Another confirms, “It’s always fun litigating against Susman Godfrey. Then it’s real, then it’s more traditional court work, more hand-to-hand combat, as opposed to the paper pushing and procedural distractions you get from other firms.” Clients are equally effusive in their praise for the firm. One testifies: “They prepared for trial from day one and [they] dedicate a team of exceptionally talented and highly intelligent attorneys to each matter. They achieved greater success [in our case] than anyone could have predicted at the outset.” Another cheers the firm’s “strong understanding of relevant cases that supported our case to be able to leverage research; strong customer service; great depo[sition] prep so I always felt comfortable going in front of a judge or in my depositions, and great relations within the courthouse.”

No stranger to high-profile, newsworthy cases that regularly log headlines in the legal publications, Susman Godfrey landed front-and-center in the middle of a case few could ignore even outside the legal community: the representation of Dominion Voting Systems as trial counsel against Fox News in a defamation lawsuit, initially valued at $1.6 billion, alleging that Fox and the other defendants gave life to a manufactured storyline about election fraud to boost ratings and propagate the lie that the 2020 Presidential Election was rigged, among a series of other false statements about Dominion. The Susman team, composed of New York’s Stephen Shackelford, Houston’s Justin Nelson, and Los Angeles’s Davida Brook, landed a milestone victory in April 2023, securing a $787 million settlement on Dominion’s behalf. This win proved a watershed moment for defamation cases of this variety, sending shockwaves throughout the legal, political and news and entertainment landscapes. The case follows similar matters filed against other figures alleged to have played a role in these fraudulent election claims, such as Rudy Giuliani, Sidney Powell, Mike Lindell (MyPillow CEO), and others.

The firm’s groundbreaking courtroom action for the year certainly doesn’t end with Dominion. New York trial evergreen Bill Carmody is co-lead counsel representing a class that filed a massive action against Google for misrepresenting its privacy settings when users employ “incognito mode.” This lawsuit, valued at more than $5 billion, cleared a major hurdle in 2021 when a judge denied Google’s motion to dismiss. The case is ongoing, with a jury trial set to begin in November 2023. Houston’s Vineet Bhatiasecured a favorable award for the client, Flutter Entertainment, in November 2022 when an arbitrator nearly doubled the exercise price of Fox Corporation’s option to acquire 18.6% of Flutter’s portfolio company, FanDuel Group. This high-stakes arbitration resulted from Fox’s assertion that it should be entitled to the same purchase price as Flutter paid for its share of FanDuel in December 2020, which would have come out to $2.1 billion, with an implied company valuation of $11.2 billion. The arbitration took place over several weeks in the summer of 2022, with the arbitrator finding that Fox’s payment must be based on a substantially higher FanDuel valuation of $20 billion as of December 2020, plus an additional 5% interest per year. At the time of the decision, this equated to a valuation for FanDuel of $22 billion and an option exercise price of $4.1 billion for Fox – nearly twice the amount that Fox argued it should be required to pay. New York’s Jacob Buchdahl is lauded by one client as “exceptionally smart and innovative, great on his feet in court. [He] Exudes confidence, is trustworthy, [and is] a great team leader.” Buchdahl represented an initial seed investor in a case that has been described as one of “stock theft” involving the unicorn South American start-up Rappi. The client was allegedly all but denied his ownership of more than 600,000 shares, valued at tens of millions of dollars, and was prevented from participating in a lucrative 2019 tender offer. Buchdahl filed suit in Delaware Chancery Court, seeking a declaratory judgment that the client was the true owner of shares of Rappi in dispute. After obtaining a denial of the defendants’ motions to dismiss, Buchdahl then overcame a motion for summary judgment and prepared to go to trial in September 2022. The case settled on the weekend before trial was scheduled to commence, with the client receiving the bulk of his shares.

Based in the firm’s Los Angeles office, Kalpana Srinivasan is hailed as someone who has “done a tremendous job building out that office, particularly in IP and plaintiff work.” Srinivasan represents Caltech – the California Institute of Technology – in pursuing its seminal wi-fi patents for infringement against Samsung’s mobile and other devices. The case is scheduled to be tried in September 2023 in the Eastern District of Texas. “I’ve seen Kalpana quite a bit,” confirms a peer. “She is very good on her feet.”

The nationally recognized labor and employment practice at Hunton Andrews Kurth is accomplished in both employment litigation and traditional labor disputes. The firm’s reach extends across the US with offices in active markets like California, Texas, Georgia, and DC. This year, Virginia-based partner Kurt Larkin is distinguished for his exceptional work in traditional labor, handling collective bargaining negotiations, union organizing, and high-stakes NLRB disputes. Larkin has worked alongside the employment team in matters that involve labor issues, recently pairing up with employment litigator Emily Burkhardt Vicente in several matters. As a member of the Los Angeles office, Burkhardt Vicente has dedicated a significant portion of her practice to litigating FLSA class and collective actions and PAGA claims. Her employment litigation practice also spans other areas, as she and the co-head of the unfair competition and information protection task force Roland Juarez have handled trade secrets cases in the Southern District of California. Juarez is among the firm’s experts in employee mobility litigation. The LA office also houses Michele Beilke and Julia Trankiem who bring a wealth of experience in handling California employment litigation. The duo previously represented a client in a JAMS arbitration. Beilke in particular is well-versed in handling arbitrations, as well as jury trials. San Francisco-based partner M. Brett Burns is consistently tapped by national companies to handle their complex employment class and collective actions across the US. While Burns is especially known for his wage and hour expertise, he has recently been a lead partner in a class action and investigation that involves one of the EEOC’s high priority issues.

     On the other coast, the DC office features a host of lawyers recognized for their successful labor and employment litigation practice. Susan Wiltsie is among the group’s OSHA experts with vast experience in handling defense against citations, litigation, and whistleblower-related claims. Ryan Bates has recently been active in trade secrets litigation, as well as class and collective actions ranging from wage and hour to independent contractor claims. Kevin White is the co-chair of the firm’s labor and employment practice. He splits his time between handling both employment litigation and labor disputes. White’s labor practice has had him engaged in matters alongside the firm’s traditional labor experts. Robert Quackenboss has developed a niche and successful practice defending clients in class actions alleging that background checks violate the Fair Credit Reporting Act (FCRA). In the Northeast, Boston-based Christopher Pardo represents clients in the region with multiple recent cases in New York district courts. He litigates a vast array of employment matters, recently including trade secrets and restrictive covenants, pay frequency violation allegations, and Title VII discrimination claims.

     In addition to Larkin, Ryan Glasgow operates out of the Virginia office. His breadth of experience is broad and diverse; however, he has developed a specialty in defending employers against wage and hour class actions. Farther South, the firm’s Georgia office is Robert Dumbacher, another of the firm’s partners who seamlessly splits his time between labor relations and employment litigation. Kurt Powell is also a partner within the Virginia office. His practice focuses on employment litigation with a recent matter being a collective action under the Fair Labor Standards Act in the Northern District of Georgia. Juan Enjamio of the Miami office serves a host of industry-leading national clients. His recent cases have included class and collective actions under the Fair Credit Reporting Act and defending clients in the rare intersect of immigration and employment litigation – allegations of discrimination brought by Deferred Action for Childhood Arrival (DACA) recipients.

     The firm’s practice spans two offices in Texas. In Houston, Scott Nelson received praise from a peer who attests to the partner’s reputation in mentioning that they “think highly of him.” Nelson has defended a client in recently filed independent contractor case throughout Texas’ district courts.The Dallas office features Amber Rogers, a traditional labor lawyer representing management in multifarious labor disputes. She is experienced in collective bargaining, elections and representing clients in unfair labor practice charges before the National Labor Relations Board. Alan Marcuis is the co-head of the unfair competition and information task force alongside his counterpart Juarez in California. His practice is a mix of traditional labor disputes and employment litigation.

Polsinelli has grown beyond its Kansas City roots to inhabit various strategic locations throughout the country. The firm’s aggressive expansion over the years has equipped it with breadth and depth in many areas of litigation, while still maintaining its premier reputation as a go-to litigation firm for the healthcare industry.

      Chicago’s Mary Clare Bonaccorsi previously served as Polsinelli’s Cross-Department Litigation Chair, while keeping an active practice mainly focusing on the healthcare industry, routinely leading high-stakes corporate internal investigations for clients in healthcare and the pharmaceutical industry. Additionally, her casework often involves false claims act litigation in both state and federal courts throughout the country. Thomas Gemmell and Daniel Reinberg join Bonaccorsi in the Chicago office. Gemmell’s practice mixes IP and business litigation. He leads several industry-specific practices, serving as lead of the unmanned systems and advanced robotics practice and co-lead of both the aviation practice and the transportation and logistics practice. Reinberg like Bonaccorsi concentrates his practice on the healthcare industry.

      John Peterson bridges a geographic and practice divide, practicing in Nashville and Chattanooga as well as Los Angeles, Peterson is a commercial litigator with vast experience in securities as well as real estate, and he is yet another Polsinelli partner devoted to healthcare litigation, an industry essential to Tennessee's economy. New addition to this year’s Litigation Star ranking is Atlanta-based partner Kurt Erskine. His practice’s focus is white collar crime, both investigating and litigating cases against state and federal entities. He is leading a healthcare company through a civil rights investigation conducted by the Department of Justice. Beyond the healthcare industry, Erskine is handling securities and insider trading fraud investigations by the SEC and DOJ, as well as a fraud case filed by the FBI and DOJ. Farah Nicol operates out of the firm’s Raleigh and Los Angeles offices and serves chair of the firm’s litigation department -- the first leader to not be based in Kansas City, the firm’s mainstay. Nicol’s primary focus is on product liability and toxic tort litigation.

     Rounding out the South, Dallas partner Adrienne Frazior debuts this year as a Litigation Star. She leads government investigations with an added expertise in employee benefits. Currently, Frazior defends companies that managed and administered self-funded health benefit plans in a Department of Labor investigation and subsequent litigation. She also defends a company in a matter alleging violations of Missouri Sunshine Laws, initiated by the state’s Attorney General.

     Polsinelli has maintained a commitment to upholding its labor and employment practice. Denise Drake, chair of the labor and employment practice, is among the firm’s leading, Missouri-based litigators. Drake is a leader through and through – leading the practice, the expansion into growing markets, and clients in their disputes. She has been consistently distinguished as a Labor & Employment Star since its inception, maintaining the status with a roster of notable class action disputes. Los Angeles litigator September Rea serves as the firm’s arbitration and dispute resolution vice chair, with Colorado-based Donald Samuels serving alongside her as chair. . Rea leads the California-based lawsuits arising from an investigation into allegations of C-suite misconduct that included abuse, harassment, retaliation and unfair competition. The case has spanned Italy, California, and Texas. Dallas’ Angelo Spinola specializes in handling labor and employment disputes on behalf of clients in the home health industry, particularly hospice and homecare companies. He recently resolved a lawsuit alleging violations of the Fair Labor Standards Act (FLSA) challenging the company’s alleged practice of not including certain nondiscretionary bonuses in the regular rate when calculating overtime pay.