Husch Blackwell’s litigators are active coast to coast, asserting and defending client interests in virtually all types of litigation. We feature more than 300 litigators across 21 offices across the United States and are capable of taking on the most complex of matters, ranging from bet-the-company cases to large portfolios of litigation spread across multiple jurisdictions. Clients around the world trust us to understand their businesses, their objectives, and their unique ways of working and to develop solutions that are practical, efficient and comprehensive in scope.
The efficiency and effectiveness of our case management capabilities are well attested. Both in 2017 and 2018, our firm’s Litigation Department was honored by the Association of Corporate Counsel with its prestigious Value Champion award, an accolade that recognizes collaborations that delivered substantial value to client organizations by cutting spending, improving predictability and achieving better legal results. Again in 2020, Husch Blackwell was recognized for its litigation teams’ innovation and design excellence in legal operations by the Corporate Legal Operations Consortium (CLOC), which chose the firm as a showcase firm for the 2020 Legal Innovation in Operations (LIO) Project designees. Husch Blackwell received the recognition on the basis of its management of a large portfolio of asbestos-related litigation for a client. In the ten months our team handled the portfolio, we posted results that vastly outperformed the client’s prior efforts, including over a 30 percent reduction in legal costs.
Founded in 1982, Berman Tabacco is a national law firm with offices in Massachusetts and California. The firm has devoted its practice to complex litigation, primarily under the securities and antitrust laws, as well as related services requested by and provided to its institutional clients. The firm also has an active whistleblower practice, among others.
Securities Litigation Berman Tabacco has more than 35 years of securities-litigation experience and has represented public pension funds and other institutional investors in that area since 1998. The Firm has prosecuted some of the largest securities cases and has recovered billions of dollars on behalf of investors. Indeed, Berman Tabacco appears as one of the firms with the most settlements on the list of the top 100 largest securities class actions in ISS Securities Class Action Services' published report, Top 100 U.S. Class Action Settlements of All Time (as of 12/31/2018). The firm has successfully prosecuted and recovered billions of dollars for defrauded investors in some of the most significant shareholder lawsuits of the last 20 years, having been appointed as lead or co-lead counsel in more than 100 actions. Recent successes include:
In re BP plc Sec. Litigation, No. 4:10-md-02185 (S.D. Tex.) The firm recovered $175 million on behalf of the class—one of just four mega securities class action settlements in 2017 (settlements of $100 million or more), according to Cornerstone Research in this hard-fought litigation on behalf of shareholders of BP American Depository Shares arising out of BP's Deepwater Horizon explosion, one of the worst oil spills in history. Class members who submitted claims will receive over 100% of their recoverable losses.
California Public Employees' Retirement System v. Moody's Corp., No. CGC-09-490241 (Cal. Super. Ct. San Francisco Cty.) As sole counsel, the firm recovered $255 million from Moody's and Standard and Poor's entities in this landmark individual action on behalf of the California Public Employees' Retirement System, which alleged negligent misrepresentations in connection with rating three structured investment vehicles.
In re Fannie Mae 2008 Sec. Litigation, No. 08-cv-07831 (PAC) (S.D.N.Y.) Representing co-lead plaintiff Massachusetts Pension Reserves Investment Management Board, the firm resolved claims for $170 million alleging that Fannie Mae failed to disclose (i) growing exposure to high-risk mortgages as well as (ii) problems with the company's risk controls, both of which led to federal conservatorship in 2008.
In re IndyMac Mortgage-Backed Sec. Litigation, No. 1:09-cv-04583 (LAK) (S.D.N.Y.) As lead counsel, the firm recovered $346 million on behalf of the class from investment-bank underwriters and officers—one of the largest mortgage-backed-securities class action settlements to date and the largest paid by underwriter defendants.
Berman Tabacco's dismissal rate for cases brought under the federal securities laws is less than half the overall dismissal rate for such cases (based on the reported dismissal rate by one authoritative study). The firm serves as monitoring, evaluation, and/or litigation counsel to over 100 institutional investors, which includes 17 statewide public employee retirement systems with more than $50 billion in assets.
Antitrust Litigation Berman Tabacco's antitrust practice has a national reputation for prosecuting class actions that involve anticompetitive conduct and conspiracies to fix or maintain prices. Over the years, the firm has played a major role in the prosecution of numerous landmark antitrust cases and has been at the forefront of some of the largest antitrust settlements—recovering over a billion dollars for class members and changing business practices of defendant companies. The following are examples of the antitrust group's recent efforts:
In re Lithium Ion Batteries Antitrust Litigation, No. 13-md-02420-YGR (N.D. Cal.) Berman Tabacco was co-lead counsel for the class of direct purchasers of lithium-ion rechargeable batteries in a class action alleging that defendant manufacturers participated in a conspiracy in violation of federal antitrust laws to fix the prices of lithium-ion rechargeable batteries (which are commonly used in devices such as notebook computers, cell phones, and digital cameras). The firm successfully negotiated settlements totaling $139.3 million, which were approved in May 2018.
Laydon v. Mizuho Bank, Ltd., No. 1:12-cv-03419 (GBD) (S.D.N.Y.) & Sonterra Capital Master Fund, Ltd. v. UBS AG, No. 1:15-cv-05844 (GBD) (S.D.N.Y.) Berman Tabacco is counsel for plaintiffs representing two large public pension funds in actions alleging that bank traders and their affiliates colluded in violation of antitrust laws to manipulate the Euroyen TIBOR and Yen LIBOR rates—benchmark rates used to determine interest rates and to price Japanese Yen-based financial instruments. As of September 2019, partial settlements totaling $307 million have been achieved, of which $236 million have been finally approved.
Sullivan v. Barclays PLC, et al., No. 13-cv-02811 (PKC) (S.D.N.Y.) Berman Tabacco represents a public pension fund in a class action that it joined as named plaintiff, which alleges that over a dozen major banks colluded in violation of the antitrust laws to manipulate the EURIBOR, a global reference rate used to benchmark and price over $200 trillion of financial products. As of September 2019, partial settlements total $309 million.
Whistleblower Representation Berman Tabacco's whistleblower practice group assists individuals wishing to expose fraud perpetrated against the federal government, states, and corporations, working to obtain the compensation and protections afforded by the False Claims Act, the U.S. Securities and Exchange Commission Whistleblower Program, the Commodities Futures Trading Commission Whistleblower Program, and the Internal Revenue Service Whistleblower Program. Berman Tabacco helps whistleblowers engage appropriate government entities to right wrongs—enforced either by those agencies or through separate litigation.
Trial skills matter—even in a world where few disputes ever see the inside of a courtroom.
Winston & Strawn has built a reputation as a trial lawyers’ firm. Our litigation lawyers are fully prepared to defend our clients’ interests in court, both in the United States and around the world. From compliance counseling to mediation, settlement negotiation, motion practice, trial, and appeal, Winston offers a full-service litigation law firm capable of meeting our clients’ business and legal objectives, whatever they may be.
Our litigators are some of the most seasoned in the industry, bringing extensive courtroom experience to every matter our firm handles. This experience enables us to spot outcome-determinative legal issues earlier so we can prepare compelling arguments that support our clients’ positions. What’s more, our long history of taking cases to trial – and winning – gives our clients tremendous settlement leverage with their adversaries, as well as confidence in a successful outcome if and when they go to trial.
Winston’s global team of more than 500 litigators on three continents approaches every case with strategic focus, unrelenting advocacy, and intensive preparation. That’s why some of the world’s largest companies and financial institutions have asked us to represent them in their most difficult litigation matters.
More than half the attorneys at Patterson Belknap are devoted to litigation. Our litigating partners have tried hundreds of cases, including many of the most complex in their fields.
Our work includes complex commercial disputes; intellectual property litigation, including patents, false advertising, trademark and copyright; law firm defense; structured finance litigation; False Claims Act and whistleblower defense; antitrust; privacy and data security; government and internal investigations; creditors’ rights; anti-counterfeiting; product liability; and employment.
The firm’s clients include Fortune 500 corporations as well as individual officers and directors of large companies in industries such as pharmaceuticals, medical devices, biotechnology, financial services, manufacturing, technology, media and entertainment, and sports.
Our team is at the cutting edge of today’s high-profile disputes resulting from the meltdown of the mortgage-backed securities market and global credit crisis. We are the leading law firm representing the monoline insurance industry in its efforts to recover against financial institutions and other sponsors of residential mortgage- backed securities transactions.
The firm is a leader in intellectual property litigation and our attorneys are recognized among the leading practitioners in the nation. The patent litigation team secured one of the largest U.S. patent settlements ever, $1.7 billion, on behalf of a long-standing client. This was the culmination of a series of patent litigations relating to coronary stents in which we secured approximately $3.6 billion overall for our client.
Our success in patent litigation is facilitated in part by the scientific and technical backgrounds and varied industry experience of many of our attorneys. This includes experience in diverse fields such as chemistry, biochemistry, biology, biotechnology, statistics, mathematics, and chemical, nuclear and electrical engineering. These skills benefit our clients not only in patent infringement litigation, but also in complex reexamination and interference proceedings before the U.S. Patent & Trademark Office.
In addition, our false advertising practice is consistently recognized on a national level as being “one of the elite players in false advertising litigation.” Our attorneys have represented both plaintiffs and defendants in false advertising cases throughout the nation.
We advise clients with respect to claims of misappropriation of trade secrets and ideas as both plaintiffs and defendants. We often counsel on ways to make these types of claims less likely and to protect our clients’ secrets and ideas. We regularly represent major corporations in cases of corporate espionage, a growing issue worldwide.
Our widely recognized media and entertainment group continues to secure high-profile litigation wins on behalf of our clients. We represent major media companies, radio and television networks, music companies, cable operators, production companies, publishers, internet companies, and well known entertainers in a wide array of matters.
In addition to the full range of commercial issues, we represent clients in investigations matters, as well as copyright, trademark, false advertising, First Amendment, libel and slander, rights of privacy and publicity, and other intellectual property disputes.
The firm’s white collar defense and investigations team includes several former federal prosecutors and a former Attorney General of the State of New Jersey. The group conducts sensitive investigations that can be critical in preventing or halting potential criminal and civil problems on behalf of business organizations and individuals. We handle cases involving investigations by state and federal prosecutorial and regulatory agencies throughout the U.S., frequently including litigation components.
The firm also has a specialized anti-counterfeiting practice that works with clients to address the growing global product counterfeiting problem. Our team handles counterfeiting and product diversion cases on behalf of major international corporations, often involving counterfeit medical devices, pharmaceuticals, and other consumer, industrial, and electronic products where the counterfeit has the potential to cause serious injury or death. Team attorneys have successfully sued and executed seizure orders globally against hundreds of individuals and businesses that have manufactured and distributed counterfeits. This has resulted in the seizure and destruction of millions of counterfeits and the collection of millions of dollars in settlements and judgments. Their efforts have also secured criminal convictions of many counterfeiters and resulted in their incarceration.
The National Law Journal has recognized Patterson Belknap as “a major player in defending law firms against complex li ability claims.” Our legal defense practice recently won several high-profile victories for law firms accused of malpractice and related torts. We have defended legal malpractice, conflict of interest, breach of fiduciary duty and fraud claims, represented lawyers in disciplinary proceedings, untangled disputes over partnership compensation, opposed disqualification motions, and represented firms facing third-party subpoenas. The firm’s appellate group combines our national recognition in trial work involving advertising, patents, copyrights, trademarks, product liability, false advertising, and media law with the experience of litigators who have successfully argued numerous landmark appeals. Clients work not only with appellate practitioners having a track record of success, but also with practition ers deeply grounded in the subject matter of the appeal. Our group is home to former clerks for the U.S. Courts of Appeals for the First, Second, Third, Fifth, Sixth, Seventh, and Ninth Circuits as well as the U.S. Supreme Court.