Paul Hastings is an IP litigation powerhouse, protecting the interests of technology, life sciences and health technology clients in patents and trade secrets litigation with unparalleled trial success at all levels at each forum and venue.
We are strategic, nimble, efficient and dedicated to our clients, with a deep bench of first-chair litigators who are involved at every stage of the case. Our approach integrates our patent, trade secrets, trademark, and copyright practices to provide businesses with comprehensive intellectual property protections. We understand our clients’ technologies, so we can hit the ground running.
Our litigation expertise and experience give us an edge in advising our clients on the likely outcomes of litigation, including in the context of corporate acquisitions and portfolio management. With our deep and wide-ranging experience, we can anticipate each opponent’s next move and work our judicial knowledge to our clients’ advantage.
We are committed to helping clients structure the most comprehensive and workable safeguards for all aspects of their intellectual property.
Bench and Jury Trials at the U.S. District Courts
We have litigated and counseled on patent and trade secrets issues across a wide range of industries, including software, hardware, electronics, chemical processes, telecommunications, consumer goods, manufacturing, sales, financial services, and pharmaceuticals.
We are also experts in 101 invalidity challenges with a near-perfect record in district court and the Federal Circuit, pursuing and obtaining attorneys’ fees, and obtaining wins in Federal Circuit appeals.
We are experts in the nuances of Hatch-Waxman Act and biosimilars patent litigation under the Biologics Price Competition and Innovation Act, and the related FDA regulatory regime in which these cases operate.
We have handled over 400 post-grant proceedings before the U.S. Patent Trial and Appeal Board, on behalf of both petitioners and patent owners.
ITC Section 337 Investigations
We represent both complainants and respondents, and have been at the forefront of recent cutting-edge decisions at the ITC. We have served as counsel in more than 60 Section 337 Investigations, and have appeared before each of the Presiding Administrative Law Judges (ALJs).
We have multiple and successful experiences before Customs in ensuring our clients’ products are not excluded from the United States.
Supreme Court and Appellate Reviews
We have top-notch appellate capabilities and can handle an IP litigation matter from start to finish. Our lawyers are skilled in the art of written and oral advocacy, as well as in simplifying technical arguments for generalist Federal Circuit judges.
We devote our practice to the craft of conceiving and presenting argument on complex, law-intensive issues, bringing to bear our many years of experience in areas of law that cut across traditional legal disciplines, such as constitutional interpretation, damages, procedure, and jurisdiction.
We represent clients in all aspects of litigation related to arbitration, including bringing and defending motions to compel arbitration, obtaining and opposing interim and protective measures in aid of arbitration, seeking and opposing recognition of arbitral awards, seeking and opposing the annulment of arbitral awards, and disputes over the taking of evidence in the US in aid of internal arbitrations and foreign litigation.
We regularly draft, advise, and teach courses on the drafting and interpretation of arbitration and forum-selection agreements in circumstances ranging from simple two-party deals to complex commercial transactions involving multiple parties, jurisdictions, and applicable laws. We recognize that each matter is unique and strive to meet our client’s objectives in the most cost-effective manner.
Cravath strives to be the firm of choice for clients facing their most difficult and critical litigation. We are not just litigators; we are trial lawyers. We are trained across multiple disciplines, which enables us to think outside the box and apply creative solutions to complex matters, regardless of the subject matter, industry or client’s role in a particular dispute. The credibility and experience we bring to each matter and our preparation of each case from the outset as if it is going to trial give us a strategic advantage in all steps of litigation. Some of our practice areas include:
Antitrust: Since successfully defending IBM during the 1970s and ’80s in the landmark government case over alleged monopolization of the computer market, Cravath continues to be the go-to firm for major antitrust litigation. Our practice is chaired by the only person to have ever served as both the U.S. Assistant Attorney General for Antitrust and as a Commissioner of the Federal Trade Commission. We also represent clients in securing regulatory clearance for major transactions, advise clients on business conduct or potential investments and handle government investigations.
Appellate: We have extensive experience representing appellants and appellees in federal and state courts across the country. We regularly handle the appellate work for matters in which we conduct the trial court litigation, including interlocutory appeals and appeals following trial or other disposition. In addition, we are frequently retained to take over matters on appeal that were originally handled by another firm at the trial court level. We also prepare amicus briefs in connection with important cases pending in the U.S. Supreme Court or in other appellate courts in which our clients have an interest but are not parties.
Arbitration: Our litigators represent companies in many of the largest and most complex domestic and international arbitrations (including ICC, LCIA, AAA, JAMS, UNCITRAL and private arbitrations) involving diverse industries and areas of law. Our attorneys are also from time to time nominated to serve as arbitrators by experienced litigators at other major firms.
Financial Restructuring and Reorganization: Companies facing their most challenging and critical litigation due to bankruptcy, restructuring or reorganization often rely upon our extensive experience in complex litigation. Our experience includes handling matters related to alleged breaches of fiduciary duty by officers and board members of distressed companies, disputes arising out of lender claims, alleged breaches of contract and alleged fraudulent conveyances.
General Commercial: Cravath regularly represents clients in high stakes commercial litigation. Our practice includes breach of contract, ERISA, False Claims Act, RICO, unfair competition and employment matters. We have also handled several environmental and product liability matters (including at trial) and numerous qui tam actions.
Intellectual Property: Our team includes the former head of the U.S. Patent and Trademark Office. We handle patent, copyright, trademark and trade secret matters involving complex technologies and products, as well as commercial litigation that frequently arises from IP matters, such as antitrust and breach of license claims. We bring to each case a trial lawyer’s courtroom perspective and deep trial experience, which distinguish us from many firms who may be IP specialists but do not try cases on a regular basis. We also supervise and coordinate IP disputes that span the globe and regularly advise clients on national and worldwide IP strategy.
Investigations and Regulatory Enforcement: Cravath handles major white collar criminal defense matters, regulatory enforcement actions and investigations for corporations, both foreign and domestic, in diverse industries. We also assist clients in handling complex internal investigations, conduct fact-finding exercises with respect to shareholder demands and advise company executives and directors on compliance obligations, potential areas of exposure and preventive measures. We have extensive experience in matters involving the FCPA, insider trading, accounting fraud, trade sanctions, export and anti-money laundering controls, tax fraud, healthcare fraud, antitrust and other issues. Our team includes attorneys who have spent portions of their careers at U.S. government agencies.
Securities: We have achieved significant wins and established important precedent in mega-deal litigation, traditional securities fraud litigation and regulatory enforcement matters on behalf of every key category of defendant: issuers, financial institutions and audit firms. Our wins and innovative strategies from the boardroom to the courtroom have given corporate defendants greater ammunition to protect critical business interests and leveled the litigation playing field. Securities cases rarely go to trial, and we have tried four in the past several years.
Polsinelli is a full-service, Am Law 100 firm with over 900 attorneys in 21 offices nationwide. The firm’s litigation practice encompasses labor and employment, business disputes, white collar investigations and enforcement, health care, intellectual property, bankruptcy, data privacy, real estate, financial services, products liability and toxic tort matters. Our reputation for dedicated client service and innovative business solutions is a benchmark for excellence in the legal profession.
Polsinelli approaches litigation The Polsinelli Way – with our clients and their business goals as the primary focus. The Polsinelli Way sees each dispute as unique and devises a litigation strategy from the outset of the matter that is laser focused on achieving the most efficient and effective resolution for our client. The Polsinelli Way aligns the talent and experience of our transactional lawyers, regulatory experts, industry specialists, and Ph.D. scientists with our litigators and seasoned trial lawyers to design those efficient and effective litigation strategies. Clients seek out our litigation teams for counsel at all stages of their regulatory, enforcement and litigation matters because they know Polsinelli lawyers collaborate across disciplines, geographies and industries.
Labor & Employment Litigation: Our labor and employment team defends employers before administrative agencies and in jury and bench trials, mediations, arbitrations, and appeals in all types of employment-related actions, including federal, state and local discrimination, retaliation, and harassment claims; wage and hour class and collective actions; wrongful termination and whistleblower retaliation claims; FMLA, ERISA, and OSHA actions, and all other federal, state, and local employment matters. Our restrictive covenants team also helps companies with the enforcement and defense of many bet-the-company business interests.
Our clients’ goals and objectives for litigation, as well as the impact on the rest of their workforce, are paramount to each of our litigators. We use creative strategies and all our connections to ensure we provide the highest quality representation. We are well-known and respected nationally by our peers, industry leaders, judges, arbitrators, and government officials. Members of the practice include lawyers inducted into the federal College of Labor & Employment Lawyers, and lawyers who successfully appear in all courts throughout the country, including courts of appeal, state supreme courts, and the United States Supreme Court.
Commercial Litigation: Our Commercial Litigation team handle trials, arbitrations, mediations and appeals in all commercial and business fields. Our comprehensive approach integrates a deep understanding of evolving industry and legal trends, varied litigation specialties, skilled practitioners and litigation support capabilities. Beyond our core verticals, the litigation team handles matters in aviation and transportation, cybersecurity, eDiscovery, food and agriculture, insurance, retail and hospitality, business divorces, shareholder disputes, derivative actions and fiduciary claims.
Government Investigations:Comprised of former federal and state prosecutors, Polsinelli’s Government Investigations and White Collar Defense team is highly qualified to quickly and effectively help companies and individuals respond to and defend against civil, criminal, and regulatory government actions.
Knowing that government investigations can become the subject of intense public scrutiny, our team strives to conduct discreet, thorough investigations while simultaneously strengthening compliance structures to avoid future exposure or collateral consequences.
Health Care Litigation:Polsinelli’s health care litigators devise litigation avoidance and risk management strategies keeping in mind the practicalities of our clients’ operations and business goals. When faced with litigation – whether in the form of a lawsuit, arbitration, administrative hearing, audit or investigation – we effectively and efficiently protect the interests of our clients.
Our team includes lawyers who are well-known and respected by health care industry leaders, judges, regulators, arbitrators, and the legal community at large. Members of the group include former Department of Justice lawyers; Fellows in the American College of Trial Lawyers; experienced state Medicaid fraud unit attorneys; and former in-house counsel for both private and publicly traded health care companies.
Intellectual Property, Technology & Patent Litigation: Polsinelli’s Intellectual Property, Technology & Patent Litigation practitioners take creative, strategic, and cost-effective approaches to resolving intellectual property disputes for local, regional, national and global companies and individuals. This group includes Polsinelli’s Hatch-Waxman team, which has experience leading Abbreviated New Drug Application (ANDA) cases and represents some of the world’s largest, best-known, and most influential generic, brand, and specialty pharmaceutical companies.
Our patent litigators practice in the most active jurisdictions throughout the country, and collectively have decades of experience in patent litigation covering hundreds of patent cases. Our experience includes work in every phase of patent litigation, from pre-suit analysis, to initial pleadings, claim construction hearings, summary judgment motions, jury trials and appeals.
Products Liability & Toxic Tort Litigation:Polsinelli’s Products Liability and Mass Tort litigation team defends manufacturers and distributors of pharmaceuticals, medical devices, consumer products, chemicals, including products that contain asbestos and talc as well as many other products. Our clients benefit from not only our specialized knowledge in these fields, but also our ability to simplify complex issues for judges and juries. In any context or circumstance, our goal is to resolve a client’s case efficiently while also protecting the economic and business sensitivities that affect the bottom line and interests.
The team includes experienced attorneys who have specialized in tort litigation for more than three decades. This includes members who have been invited to become Fellows of the American College of Trial Lawyers and who have been certified as Appellate Specialists. We have successfully defended thousands of toxic and mass tort cases involving asbestos, hexavalent chromium, lead, perchloroethylene, talc, vinyl chloride, and other chemicals. Named as national and regional defense counsel because of their integrity, insight and client-centered results, our attorneys have coordinated and mounted significant defense efforts on behalf of Fortune 500 clients for decades.
Mintz is a leading national law firm with more than 500 diverse and talented attorneys working to provide our clients with unmatched legal advice in the global market’s most competitive industries. Ours is a firm built on excellence and driven by change. We create breakthrough legal strategies that help clients solve problems and forge ahead. Through a combination of legal and business insights, we have continuously helped our clients navigate shifting challenges, comply with evolving regulations and compete in emerging markets.
To ensure our clients continue to see excellent results, we emphasize talent retention through the mentorship of our world class associates and a commitment to a diverse and inclusive culture. As such, we are able to integrate a full spectrum of viewpoints into all that we do, recognizing that a range of perspectives drives the best legal solutions.
We have one of the largest and most distinguished litigation practices nationwide, with a deep bench of trial lawyers and regulatory experts who cover all aspects of complex business litigation. Our attorneys approach problems with an aggressive drive and a strong sense of doing what’s best for the client. While our litigators are experienced trial lawyers who are fully prepared to take every case to trial, we keep a singular focus on the client’s business objectives in every case to make sure that the litigation strategy will help achieve those objectives, and employ tactics designed to achieve successful, early resolutions of cases wherever possible.
Central to our approach is immersing ourselves in our client’s business and tackling problems as if they were our own. We strive to be the leading legal counsel in our client’s industries — dedicating ourselves to developing the canny, insider insight needed to create successful, nimble strategies. Clients trust us with their most complex litigation issues because we approach problems with the understanding that each business has its unique challenges and characteristics. As litigators, we work closely with our colleagues in other disciplines to advise on key legal and industry matters that can impact a client’s dispute resolution. This collaborative, holistic approach allows us to ensure that we are leaving no stone unturned when it comes to crafting the best strategy for our clients’ businesses.
At Mintz, we understand that litigation is our business, not our client’s and that with each new engagement we must work to earn our reputation for excellence. Our top tier team of attorneys focuses on delivering prompt, high quality resolutions for our clients so that they can continue to compete above the rest, today and down the road.