United States (National)

Although officially forged in 2024, A&O Shearman is the combined product of two historic international powerhouse legal brands, primarily UK-based Allen & Overy and Shearman & Sterling, which, from a litigation standpoint, was more US-focused (although it too had a global footprint in other areas.) The firm 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. The Shearman & Sterling entity was long touted 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 Stephen Fishbein, whose practice straddles white-collar crime and enforcement with antitrust elements, secured a victory on behalf of an individual in a significant criminal insider-trading case. In December 2022, the Second Circuit ruled, among other things, that the evidence was insufficient on the two counts on which the client was convicted and dismissed the fraud charges. 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. A team led by Hakki (and also involving Agnès Dunogué and Lyle Roberts) won a significant and complete victory for Paramount Global (formerly ViacomCBS) in a high-profile and closely watched securities class-action arising from the 2021 collapse of Archegos Capital Management, a family office run by billionaire investor Bill Hwang, who later was indicted for his conduct. (ViacomCBS was one of the companies whose share prices were adversely affected by the liquidation of Archegos.) The litigation claimed that the offering documents for March 2021 securities offerings by ViacomCBS should have disclosed that Archegos had obtained concentrated and leveraged synthetic positions in ViacomCBS stock via total return swaps entered into with investment banks, which also acted as underwriters for the offerings, and that those swaps needed to be liquidated due to Archegos’ financial distress. An April 2024 appellate ruling confirmed an earlier victory (from February 2023) for the Shearman team. Hakki and another peer favorite, Richard Schwed, achieved an important litigation victory on behalf of Bank of America, who was named as a defendant along with other financial institutions in multidistrict class action alleging an antitrust conspiracy to boycott certain entities that supported electronic trading of interest rate swaps, an important financial instrument. The Shearman team scored in December 2023, when class certification was denied.

     Other Shearman partners also increasingly demonstrate antitrust prowess. A frequent teammate of Hakki’s, Jeffrey Resetarits, is generating a good deal of traction in antitrust as well as securities. “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.]” Todd Stenerson, based in the DC office, led a team (including DC’s David Higbee) achieved​ an April 2024 victory on behalf of Huntington Ingalls Industries and its affiliates in an antitrust class action alleging that the client agreed with dozens of other companies – mostly shipbuilders and contractors for the US Navy and Marine Corps – not to actively solicit each other's naval engineers. 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&O Shearman also got a substantial boost in the intellectual property capacity, luring Elizabeth Holland to its bench from the New York office of Goodwin. Holland has made a name for herself for her trial acuity with patent litigation, specifically in the pharmaceutical and life sciences area.

Bartlit Beck is celebrated among peers for forging a template of what many aspire to; the firm’s name is one of the most frequently referenced by maverick litigators who calve off of larger “Big Law” institutions and forge their own shops. One peer declares, “They set the standard for litigation boutiques in the US. Most people setting up litigation shops owe at least some debt to Bartlit Beck, whether they know it or not.” Ironically, the runaway success that the firm has experienced with its business model has caused it to outgrow its “boutique” status; the firm now has more than 40 partners practicing in its offices in Chicago and Denver. “Yes, they’re like a boutique on steroids now,” sums up one peer. “The big difference between them and a boutique is that it’s not ‘eat-what-you-kill’ and it’s not just a ‘one-star’ system. They have the bench depth! They don’t need to take on all the cases to make a lot of money, they can just take the lead on two or three and just do a great job on them. That puts the client more at ease because they feel like they will get more attention.” While Bartlit Beck has arguably demonstrated its most high-profile successes in the fields of product liability, intellectual property and antitrust, the firm’s generalist approach has ensured that it is certainly not limited to these practices by any means.
     While the firm’s legacy as a gold-standard trial-centric litigation powerhouse remains unchanged throughout the years, one noticeable change that has played out is the transition of generational talent and the work being managed by these groomed ranks of personnel. Based in the Denver office, Kat Hacker led Bayer-Monsanto to a victorious verdict in a trial in Missouri concerning allegations of the client’s Roundup herbicide causing cancer. “The snowball momentum has continued for Kat Hacker,” observes a peer. “Bartlit Beck in general seems very busy, and Kat in particular has been very impressive.” Hacker serves as lead national coordinating counsel on fraudulent-transfer claims for three DuPont entities in over 6,000 cases pending across the country related to per- and poly-fluoroalkyl substances (PFAS). In these cases, plaintiffs allege that DuPont engaged in a series of corporate transactions to try to fraudulently transfer assets to avoid paying potential judgments. “These are ugly, nasty cases, but Kat doesn’t flinch from them!” Also based in Denver, Karma Giulianelli has emerged as what peers identify as “an antitrust rockstar, who is also doing plaintiff work!” In one such example of this, Giulianelli represented a class of consumers that purchased applications and in-app products on Android-compatible mobile devices in a case against Google, alleging monopolization of the application distribution market for Android devices and the associated aftermarket for in-app purchases. The case alleged that through a series of contractual restrictions and other anticompetitive conduct, Google's Play Store obtained a monopoly over the distribution of applications, allowing Google to generally charge a 30% commission for all application and "in-app" purchases. Following Giulianelli’s appointment as lead counsel, many State Attorneys' General followed suit, and the teams worked together on a novel joint prosecution effort, which culminated in a settlement prior to a planned trial.

     In the Chicago office, Rebecca Weinstein Bacon continues to enjoy a status as a peer favorite on the strength of her versatility and trial acuity across a spectrum of practice areas. Bacon and Chicago future star Luke Beasley triumphed for Align Technology in two AAA Arbitrations and confirmation proceedings. Both concerned breach-of-contract claims related to Strategic Supply and Operating Agreements between Align Technology and SmileDirectClub In one case, Align was the defendant; in the other, Align was the plaintiff. Sean Gallagher represents Hamilton Sundstrand in a series of personal-injury lawsuits alleging exposure to trichloroethylene (TCE) due to the operation of an industrial facility that a predecessor company owned and operated during the 1970s and 1980s. TCE was detected in the community water supply in the late 1990s and it has been detected in area soil and groundwater as well as ambient air in nearby houses. The plaintiffs in these cases include former employees and area residents with various injuries and ailments that they attribute to occupational or environmental exposures to TCE. A trial was held in August 2023, and a Missouri jury returned a complete defense verdict later that month. A peer insists, “You need to recognize Jason Peltz – he is the managing partner there, but he also has his own very cutting-edge litigation on the go.” Peltz and Hamilton Hill represented Collins Aerospace in a suit brought by Boeing for breach of contract and warranty. Boeing alleged that Collins (a supplier) breached certain contracts related to components Collins provided for the CST-100 Starliner Space Vehicle. The parties settled their dispute in late 2023. Peltz and Brian Swanson also act for Raytheon in another breach-of-contract case brought by Boeing in Missouri Circuit Court relating to landing gear, avionics, and other various components on the F-15 and F/A-18 fighter jets. The case was settled in late 2023.

 

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.

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 Milstein covers the Eastern seaboard with offices in Washington, DC, Philadelphia, New York, Palm Beach Gardens and Raleigh, and services the Midwest through a Chicago office. Peers on both the defense and plaintiff sides of the “V” have voiced appreciation for the firm’s zealous approach. “I have always regarded them highly,” declares one plaintiff peer. “They have been mainly regarded as an antitrust firm, but they also so some work in securities and appear to be doing more of this. We happen to have a case where we are co-lead with them. They are smart lawyers.” The firm also has a noted employment, civil rights and ERISA practice. The firm made news in 2019 when a federal judge in Illinois to co-lead shareholder litigation against money transfer entity MoneyGram International, who, in November 2018,  agreed to pay $125 million to resolve allegations that it failed to crack down on fraudulent money transfers.
     The majority of Cohen Milstein’s star power is concentrated in its DC home base. Managing partner Steven Toll is a celebrated figure among the plaintiffs bar and a “feared but respected adversary” of defense lawyers. Toll has been at the helm of several recent milestone wins, including securing a ruling from the DC Circuit Court of Appeals that reinstated a suit against electronics maker Harman International Industries. A $28.25 million settlement was achieved in this action in 2017. Toll was also co-lead counsel in the BP Securities class action securities fraud lawsuit that arose from the Deepwater oil spill in the Gulf of Mexico. The Fifth Circuit Court of Appeals affirmed the certification of the class of investors alleged to have been injured by BP’s misrepresenting the amount of oil spilling into the Gulf of Mexico, and thus minimizing the extent of the cost and financial impact to BP of the cleanup and resulting damages. In February 2017, the court granted final approval to a $175 million settlement reached between BP and lead plaintiffs for the “post-explosion” class. Julie Reiser attends to a practice that straddles antitrust, securities and ERISA matters. Reiser has led litigation teams in several major class actions and has secured landmark settlements, including a $500 million settlement related to Countrywide’s issuance of mortgage-backed securities and a shareholder derivative suit against Wynn Resorts, with a net settlement value of $90 million. More recently, Reiser made news in September 2020 as co-lead counsel in negotiating a settlement with Google parent company Alphabet regarding credible claims of a culture of sexual harassment and discrimination within the company. Reiser's efforts precipitated a $310 million settlement that Alphabet pledged to commit to diversity efforts.
     While the DC partners are some of the firm’s most established, partners in other offices, particularly on the younger end of the spectrum, are also moving to the fore and garnering peer attention. Lauren Posner in the New York office is tipped by peers as a future star. “I’m sure she’ll be put in charge of many of their high-end cases,” forecasts a peer.

Cravath Swaine & Moore continues to set the standard for other major business law firms. Its elite status as one of the “white-shoe” firms is acknowledged by contemporaries on a coast-to-coast basis and always with tones of reverence. “The Cravath style” has been used as a descriptor for firms aspiring to the same level of pedigree. The firm also draws acclaim from several of its blue-ribbon roster of clients. “They provide excellent strategic advice and written work product. They also prepare for trial/hearing in a very thorough manner,” confirms one such client.
     For decades, Cravath managed to elicit this remarkable level of national prestige from its one office in Manhattan in New York. That changed last year. While Cravath’s reputation remains as unassailable as ever, it has finally expanded its operations to a DC office, a bold gambit that immediately caused a buzz in the nation’s capital and beyond. “Like everything Cravath does, this was not just some kind of desperate expansion for expansion’s sake,” declares one peer. “They saw an opportunity and exploited it quickly, netting themselves some great recruits in that office.” These strategic hires include Jennifer Leete, a former associate director in the SEC’s enforcement division who handles regulatory and investigations work, and Noah Phillips, an antitrust practitioner and former FTC commissioner. “They are still getting established here,” surmises one DC-based peer, “but between the talent they attract and the allure of the Cravath brand, I’ve no doubts they’ll do well in no time.”
     While the firm’s inroads into DC are not going unnoticed, the hub of Cravath’s major litigation activity remains its New York office, which has been a lodestar for generalist trial lawyers. While longtime icon Evan Chesler has officially retired, Dan Slifkin upholds Cravath’s trial pedigree at the senior level. Slifkin is representing certain directors designated by companies within the TotalEnergies group, a set of global multi-energy companies, to SunPower Corporation’s board of directors in a stockholder-derivative action filed in the Delaware Court of Chancery alleging defendants breached their fiduciary duties in connection with the sale of SunPower’s commercial and industrial business to a subsidiary of TotalEnergies. Helam Gebremariam, a younger star who juggles antitrust, securities and commercial work is acting with Slifkin on this matter. “I got to see Helam cross-examining witnesses and it was really a tour de force,” testifies a peer. Kevin Orsini continues to hold firm to his growing reputation as another all-purpose trial powerhouse. “Kevin can do it all – antitrust, ‘event-driven litigation’ – and he never stays in one place,” commends a peer.“He’s doing antitrust one day and wildfire cases the next!” David Marriott’s profile continues to elevate on the strength of his prodigious trial aplomb. Marriott, the recipient of Benchmark’s coveted “Trial Lawyer of the Year” award for 2024, demonstrates courtroom acuity across a number of areas; most recently, his antitrust actions have generated widespread acclaim. He led a team (which also included Timothy Cameron, Rachel Skaistis and Margaret Segall) that represented biopharma entity Amgen in successfully defending an FTC challenge to Amgen’s $27.8 billion acquisition of Horizon Therapeutics—securing a consent order in September 2023 that ended all litigation and cleared the path for the transaction to close. This win comes hot on the heels of similar triumphs in the previous year for Illumina, again against the FTC, and Louis Dreyfus/Imperial Sugar against the DoJ. The managing partner of the firm’s litigation group, Karen DeMasi, is championed by a peer as “the ultimate consummate professional.” DeMasi is yet another partner known for her diverse practice portfolio. DeMasi, along with future star Lauren Rosenberg, scored big for First Solar, winning back-to-back dismissals in January and June 2023 to defeat putative class action securities litigation filed against the company and certain of its senior executives in Arizona federal court.  Plaintiffs, two pension funds that purchased First Solar stock, alleged defendants made false and misleading statements regarding the company’s solar module and its project development business. 
     While Cravath’s dedication to breeding versatile trial lawyers is proven, the firm does also boast a roster of specialists, with the aforementioned antitrust being the most prominent. “Antitrust is kind of the beating heart of Cravath,” notes a peer. Cravath has led Epic Games – the creator of the wildly popular Fortnite game, to multiple victories in its high-profile antitrust actions against Google and Apple challenging core aspects of the companies’ app store policies. As lead trial counsel, a Cravath team led by Gary Bornsteinand also including Yonatan Even and Lauren Moskowitz, won a unanimous jury verdict against Google on all counts in December 2023.
    Omid Nasab led West Coast utility entity PG&E in its successful defense against a massive putative class action seeking $2.5 billion in damages for emergency power shutoffs conducted by PG&E in 2019—first securing dismissal of the action in the bankruptcy court, then affirmance in the district court and, ultimately, winning a decision from the California Supreme Court shielding PG&E from liability. “I want to shout out Omid,” testifies a DC-based peer. “He stepped in and played a big role in an insider trading case we had for [dating app] Bumble! He’s on the younger side but already getting some more first-chair roles.” A white-collar/enforcement team composed of Benjamin Gruenstein, John Buretta and Evan Norris represented British American Tobacco (BAT) in reaching a global settlement, announced in April 2023, with the DoJ and OFAC to resolve sanctions breaches arising from historical business activities in North Korea between 2007 and 2017 in violation of the bank fraud statute and the International Emergency Economic Powers Act. In a matter straddling the intersection of fraud and intellectual property, Gruenstein acts with IP specialist Keith Hummel in representing cardiovascular-focused medical device entity Abiomed as the plaintiff in a trade-secret and breach-of-contract action against a German medical device company, and its founder, alleging that the defendants entered into consulting agreements concerning Abiomed’s compressible heart pump. In September 2023, the Cravath duo defeated defendants’ motion to dismiss, which had sought dismissal on jurisdictional grounds. 

Davis Polk & Wardwell is a consistent leader in litigation, earning its place as one of the top-tier firms in antitrust, securities, and white-collar crime especially. The firm’s growth over recent years has strategically established its presence in the New York, Washington DC and California markets. The accomplishments of its bench across practice areas have further driven the firm’s acclaim in high-profile litigation.

     Davis Polk remains one of New York’s elite firms and is equipped with numerous respected lawyers. Greg Andres serves as the firm’s co-chair of the white-collar crime and investigation group and is one of the leading lawyers in the practice area, enjoying a spot on the Top 100 Trial Lawyers list since its inception. An all-star bench including Andres, Jarrett Arp, and Tatiana Martins, who makes her debut as a litigation star this year, handled the criminal charges in a broiler chicken-related antitrust lawsuit filed by the Department of Justice Antitrust Division against Jason McGuire, an executive in the industry. The team succeeded in the day-long James hearing regarding the admissibility of 294 statements and secured a dismissal of the criminal charges against the client after the court rendered the government’s evidence inadmissible. Based out of DC, Arp is one of the firm’s leading antitrust litigators whose practice is especially sought after for high-stakes and sensitive matters. Uzo Asonye, also of the DC office and debuting as a litigation star, specializes in white-collar crime defense, having joined the firm in 2020 after serving as the acting chief of the Financial Crimes and Public Corruption Unit in the Eastern District of Virginia. Asonye has joined forces with Andres in representing a Fiat Chrysler engineer who was charged with conspiracy to manipulate emissions tests. The duo have obtained favorable pre-trial rulings, including a successful motion for production of Brady and Rule 16 materials. The team initially obtained a dismissal of wire fraud conspiracy counts, and while the Sixth Circuit reversed on appeal, it also shared its skepticism as to whether the government would be able to prove its case during the trial.

     Head of the litigation group James Rouhandeh is also an established leader of the securities bar, known especially for being the “go-to” for financial institutions, particularly Morgan Stanley, for which he continues to handle cases related to residential mortgage-backed securities arising from the 2007 financial crisis. He defends the major financial institution against fraud claims filed by IKB Deutsche Industriebank in a case which has involved discovery across three countries. The team secured a pre-trial victory in defeating IKB’s motion to amend its complaint. While Rouhandeh continues to be a force for established institutions like Morgan Stanley, he is also at the forefront of securities litigation involving cryptocurrency platforms such as industry leader Binance. Last year, Rouhandeh obtained a complete dismissal of a securities class action alleging that the company unlawfully operated an unregistered exchange and an unregistered broker-dealer, unlawfully sold unregistered securities based on the sale of unregistered tokens, and another 149 violations of state blue sky laws. The court dismissed the case, agreeing with his arguments that the claims were not within the statute of limitations and that the company is not a “domestic exchange”, therefore neither federal nor state laws would apply extraterritorially. Another New York litigator who stands out in the market is Andrew Ditchfield. A peer at another top-tier firm praises Ditchfield’s capabilities in litigation, commenting, “It’s really fun to litigate against people outside of our firm that I think are at our level.” A commercial and civil litigator with a specialty in M&A-related litigation, Ditchfield recently scored a victory representing Brookfield in a shareholder dispute related to the company’s $8.3 billion acquisition of CDK Global. The complaint alleged violations of the Illinois Securities Act and sought to delay the tender offer by way of preliminary injunction, which was denied at the circuit court. The court agreed with Ditchfield’s arguments and subsequently found that the plaintiff could not show likelihood of success on the merits and thus they[WC(1]  voluntarily dismissed their case.

     New York litigator James McClammy makes his debut as a litigation star this year. Alongside long-time star Edmund Polubinski, McClammy represented two of the large lender syndicates in the case of Twitter v. Elon R. Musk in the Delaware Court of Chancery. The case arises from Musk’s attempt to terminate the merger agreement, for which the clients had committed to providing financing in the amount of $25.5 billion. McClammy and Polubinski were leading subpoenas over a 10-week period in the expedited and closely watched case, which was dismissed after the acquisition closed. In another case involving Elon Musk, litigator and arbitrator Frances Bivens represents JP Morgan against Tesla, alleging that the company breached certain agreements governing warrants that the client purchased. The case arose from Musk’s tweet to take Tesla private and, in turn, JP Morgan adjusted the strike price pursuant to the agreement. Bivens has filed a motion on the pleadings, and also defends the bank against counterclaims and damages from Tesla. Bivens and fellow international arbitration specialist Antonio Perez-Marques handled an 11-day arbitration as lead counsel defending Albemarle, one of the largest lithium suppliers, against alleged fraud, breach of contract and other claims filed by competing chemicals company, Huntsman. The co-head of the civil litigation practice, Paul Spagnoletti, recently obtained a critical win in a federal RICO lawsuit which garnered praise from the legal industry. On behalf of Apollo co-founder Josh Harris, Spagnoletti secured a dismissal of federal RICO claims filed by co-founder and former CEO Leon Black, who alleged that there was a fraudulent scheme to force him to resign by leveraging sexual abuse allegations against him.

     Dana Seshens is co-head of the civil litigation group and handles securities class actions and intellectual property litigation with the West Coast team. Seshens and distinguished California litigator Neal Potischman are representing Universal Television, Jimmy Fallon and his product company in a class action alleging violations of the federal securities laws and consumer protection statutes in California. The case is one of many involving celebrity endorsements of non-fungible tokens and related cryptocurrency. Seshens and Potischman have thus far quashed a subpoena and have moved to dismiss the case entirely. The duo has also worked on several other California cases together and on separate occasions served as counsel for underwriters in securities class actions. Seshens leads the team in defending PG&E in a class action arising from the California wildfires. On intellectual property, Seshens partners with Ashok Ramani, the head of the practice group, to handle trade secrets disputes on behalf of industry-leading pharmaceutical companies like Pfizer. The pair are preparing for trial early next year in a fast-paced trade secrets case filed on behalf of Pfizer against Razor Therapeutics, a start-up founded by two former executives who Pfizer allege used trade secrets to establish the company. On the patent side of IP, Ramani scored a trial victory for Magnolia Medical Technologies in its lawsuit against its sole competitor in provision of initial specimen diversion devices, Kurin. Ramani was called in to replace an IP boutique’s team just prior to summary judgment and was head-to-head with another top-tier intellectual property litigator representing Kurin. He obtained a verdict of infringement in the first phase and in the second, a verdict of damages and no invalidity.

Dedicated entirely to intellectual property, Finnegan Henderson Farabow Garrett & Dunner is one of the go-to law firms for litigation involving patents, trademarks, and copyrights. The firm remains a leader in handling disputes before the PTAB and has also maintained a significant reputation in the life sciences sphere. Finnegan’s offices span the East Coast, centering its power in the District of Columbia and Virginia area.

     In DC, William Raich leads the biotechnology and pharmaceutical practice group and with a background in cellular and molecular biology, he is a top choice for patent-related cases. He and nationally recognized litigator Charles Lipsey of the Reston, Virginia office are defending Sarepta Therapeutics in a lawsuit filed by Nippon Shinyaku which alleges that the client’s product Vyondys 53^® infringes seven patents held by the plaintiff. Lipsey and Raich are currently active in fact discovery, and the trial is scheduled for May 2024.

     The DC office also features James Monroe and Paul Browning, both of whom are trial lawyers with an extensive record of cases before district and appellate courts nationwide. The duo was among the lead lawyers on the team representing Otsuka and Lundbeck in a series of ANDA cases filed in the District of Delaware. Eighteen generic drug manufacturers sought to create generic versions of the client’s drug Rexulti. Monroe, Browning, and the rest of the Finnegan team settled all eighteen cases favorably for the client, with the last settling on the eve of trial. The settlements protected the company’s multibillion-dollar drug franchise from infringing sales. Robert Yoches splits his time between District of Columbia and Taipei, representing clients in both the US and China. Yoches represents Taiwan Semiconductor Manufacturing Company before the ITC in a Section 337 investigation. The plaintiff, Daedalus Prime, alleged that the client’s semiconductor chips infringe its patents. Gerald Ivey is an established trial lawyer focusing on patent matters involving computer software and hardware. He is recognized for both his district court and PTAB appearances. Ivey recently defended Samsung in multiple inter partes reviews in connection with patents concerning the display of multiple displays on smartphones.

     On the trademark side, Douglas Rettew remains the go-to litigator to handle cases nationwide. As first-chair trial lawyer, Rettew obtained a jury verdict in favor of Armadillo Distribution Enterprises and Concordia Investment Partners on his core affirmative defenses and on the plaintiff’s claims for damages. Gibson Brands had filed a lawsuit alleging serial infringement and counterfeiting of six registered trademarks against the clients, demanding over $7 million at trial. In addition to trial expertise and experience, Rettew is also an established name before the Trademark Trial and Appeal Board, representing multiple clients, including A&H Sportswear, in enforcement matters.

     John Livingstone of the Atlanta office also leads the charge litigating on behalf of clients in the life sciences industry. He represents Novartis Pharmaceuticals in a series of Hatch-Waxman Act patent cases filed in the District of Delaware against generic pharmaceutical companies looking to market versions of Kisqali, a treatment for certain metastatic breast cancers marketed by Novartis. The case has the potential to provide nine years of exclusivity. Separately, Livingstone defends Novartis Gene Therapies against patent infringement allegations asserted by Genzyme. The patents include recombinant adeno-associated virus sector technology, which Novartis uses in its breakthrough gene therapy Zolgensma. Livingstone is also an established litigator representing life sciences clients before the International Trade Commission. His recent victory for Ajinomoto involved a biotech investigation and subsequent evidentiary hearing at the ITC, which in its final determination found that the defendant, CheilJedang, infringed Ajinomoto’s patents, and therefore also issued a limited exclusion and cease-and-desist orders, barring the defendant from importing the infringing products. Fellow Atlanta partner and celebrated multidisciplinary intellectual property litigator Virginia Carron successfully defended Nestlé in a business-critical patent infringement case in the Western District of New York. Steuben Foods sued the client alleging numerous claims related to five patents and claiming $500 million in damages. As lead partner on the case, Carron took a multifaceted defense strategy that challenged the validity of the patents before the PTAB and filed a series of motions for summary judgment in district court. She successfully narrowed the case to three patents and the district court further agreed with her claim construction position. Her aggressive strategy and briefing garnered a significant settlement agreement.

Goodwin has steadily expanded from its Boston roots, arriving at its current status as a national player in several key markets and industries, most notably the finance and life sciences sectors. It now houses litigation stars in nearly every one of its offices on the East and West Coasts. The firm receives resounding applause from clients, as well as peers, some of whom have worked alongside the firm on matters. “I was co-counsel with Goodwin on pro bono federal immigration litigation,” testifies one such peer. “The team of Goodwin attorneys who worked on the case were phenomenal. [They brought] great analytical, research, writing and oral advocacy skills.”

     Boston’s Christopher Holding is the co-head of the firm’s antitrust practice and manages a practice largely devoted to the pharmaceutical and life sciences industry. In a case illustrative of the link between antitrust issues regarding patents, Holding represents Actavis in a challenge to the settlement of patent litigation between Shire and Actavis about the drug Intuniv. The plaintiffs assert that the agreement contained an implicit reverse payment that delayed generic entry. Holding also represents Teva in a pharmaceutical antitrust case raising reverse-payment allegations. The litigation was mostly settled after years of litigation, but a number of indirect purchasers who opted out of the settlement challenged the opt-out procedures set by the district court, and that challenged was briefed and argued in the Second Circuit in 2019. Anthony Fiotto, the Boston-based co-chair of the firm’s securities and white-collar capacity, recently achieved significant New York Supreme Court, Appellate Division and Court of Appeals victories on behalf of The Pyramid Companies, a developer of shopping malls with 16 properties that are separately owned by partnerships, with Pyramid being the majority partner in each. The dispute began when a minority partner sought to dissolve and force the liquidation of one of the partnerships on numerous grounds.
     The securities practice is also exemplified by Richard Strassberg in the New York office, whose practice also crosses over into more of a white-collar crime element, an area in which is revered by many other leaders in this practice. “Rich Strassberg is very smart and great with clients,” enthuses one peer. Another confirms, “We worked side-by-side with Richard on a large securities class action -- we represented the company and he represented an individual -- securing dismissal of all counts.” Other New York-based securities partners include Marshall Fishman, who represents Citibank and multiple affiliates in connection with a number of lawsuits that have been brought by the Puerto Rico Oversight, Management and Economic Board Special Claims Committee, and Brian Pastuszenski, who is called out as “fantastic,” with one peer testifying, “I see him in a ton of work. He should be on your national securities list for sure.”

     In the firm’s DC office, Thomas Hefferon is nationwide litigation and trial counsel to Think Finance, a provider of technology, analytics, and marketing services to financial businesses in the consumer lending industry. Hefferon has coordinated the simultaneous defense of three major litigation matters: a lawsuit by the Consumer Financial Protection Bureau, a lawsuit by the Commonwealth of Pennsylvania, and a substantial number of coordinated consumer putative class actions—all in separate federal courts across the country.  All three controversies concern the alleged improper issuance of consumer loans, allegedly in violation of state usury and licensing laws. Also in DC, Willy Jay is a unanimously revered appellate practitioner. One peer, also one of DC’s leading appellate lawyers, raves, “I’m a HUGE fan of Willy. Clients love him, he’s like a walking encyclopedia of the law. He’s just awesome, very charming.” Jay is equally celebrated for his demeanor as well as his acumen; one peer testifies, “We co-wrote briefs with Goodwin, and we have a great relationship with them. Willy Jay in particular is just personally a very good guy and is a team player and not about trying to take all the credit for anything. He was very gracious in recognizing the contribution that we made to the briefs in a way that frankly you don’t always see.” In one recent matter, Jay represented the Town of Aquinnah, Massachusetts, in successfully reinstating its injunction against a Native American tribe seeking to build a casino in the Town without obtaining local permits. Jay was retained after the Town (and other parties) lost an appeal on the issue. 
     Goodwin has become a notably strong player in the intellectual property capacity as well, a status recognized by both peers and clients. One such client testifies, “Goodwin handled a patent infringement suit against Apple in the Eastern District of Texas on encryption/decryption technology. Their handling of the matter was outstanding and resulted in a $308 million verdict.” One celebrated practitioner in this area, New York’s Elizabeth Holland represents plaintiff Novartis in a patent infringement action filed in June 2020 against Regeneron Pharmaceuticals in the District Court for the Northern District of New York. Novartis seeks damages and an injunction for Regeneron’s sales of its newly-launched EYLEA Pre-Filled Syringe (PFS) product. Holland also represents this client as co-counsel as a defendant in an antitrust-oriented action filed by Regeneron in the Southern District of New York. Regeneron’s suit is based on the allegation that Novartis sought to hamper Regeneron’s ability to bring its EYLEA PFS to market through assertion of a patent that Regeneron argues is unenforceable. In addition, Regeneron argues that Novartis worked together with another company to impair Regeneron’s ability to market this product. The IP capacity is also bookended on the West Coast by Neel Chatterjee, a Silicon Valley-based star who not surprisingly attends to a largely tech-based practice. Chatterjee represented the Indian Institute of Technology Kharagpur, a public higher education and research institution in India. After 11 years of litigation, the Northern District of California definitively rejected the plaintiff's claims that the client breached an oral joint venture agreement, breached a nondisclosure agreement, and misappropriated the plaintiff's trade secrets. Chatterjee also represents Facebook, recently obtaining dismissal of a multi-patent case brought against the social media behemoth.

Greenberg Traurig is an expansive full-service law firm with a global presence in a variety of practice areas. The firm hosts more than 2,000 attorneys in 41 offices across the world, which positions them to effectively serve both domestic and international clients. One of these clients appreciates the firm’s “quality of team; knowledge of law but also practical approach to the development of the defense” and addresses the team as “thorough in preparation, with good relationship management of the client.”
     The firm is highly regarded for its product liability capabilities, largely attributed to the efforts of Lori Cohen, who chairs the pharmaceutical, medical device and health care litigation practice, in addition to serving as co-chair of the global litigation practice group. Cohen has the distinct honor of consistently ranking as a litigation star who also enjoys a multi-year run as one of Benchmark’s Top 250 Women in Litigation as well as one of the Top 100 Trial Lawyers in the US. Domiciled in the firm’s Atlanta office but recognized on a coast-to-coast basis for her appearance in matters of national magnitude, Cohen has wowed both peers and clients from a diverse range of industries and jurisdictions. An all-purpose trial lawyer by training and temperament, Cohen’s aptitude and gravitas has been particularly evident in the product liability capacity, where, often appearing as lead trial counsel, she has displayed an enviable streak of wins on behalf of clients in the pharmaceutical and medical device field concerning products ranging from pelvic mesh to contact lenses. Cohen is national trial counsel, national coordinating counsel, and national settlement counsel for all claims concerning pelvic mesh against C. R. Bard. Over the last year, she has solidified two significant victories as well as other additional dismissals in what has been described as one of the largest and most complex mass torts in history. Cohen is also a member of Novartis’ PF3.0 panel counsel program, which includes representation of subsidiaries Sandoz, Eon Labs, and Novartis Pharmaceuticals Corporation. Cohen is national counsel for Sandoz and its subsidiary Eon in the national amiodarone litigation. She also represents Bausch Health subsidiary Bausch + Lomb in product liability litigation relating to the Trulign Toric intraocular lens, a Class III medical device approved by FDA pursuant to the Premarket Approval process. In March 2020, she secured the complete dismissal of all of plaintiffs’ claims in a closely watched case in the District of Connecticut.
     Based in the firm’s Dallas office, Karl Dial was sole defense counsel for a group of foreign defendants that were sued in a mass action by 44 plaintiffs alleging securities fraud and breach of fiduciary duties related to securities sold in Canada to invest in real estate in the US. This cross-border dispute was the first case filed by more than 200 investors who have threatened suit against the Canadian issuer. This case has ramifications as to under what circumstances a foreign issuer may be hauled into court in the US on claims made by investors outside the country.

     Operating out of both the San Francisco and Los Angeles offices, Robert Herrington focuses his practice on class actions, with this practice touching on a wide spectrum of industries. Herrington is a new star addition to this year’s edition of Benchmark, propelled on the strength of vibrant peer and client review. One client asserts, “In the consumer protection context--both in class actions and mass consumer arbitrations--Greenberg does an absolutely fantastic job. Rob Herrington, in particular, is an exceptional advocate. Day or night, he and his team respond in a timely fashion, providing top-drawer work. In addition to the quality of their work and exceptional client service, they are very price-competitive. Robert is a great communicator, innovative and strategic thinker.  He's my favorite class-action lawyer.” Herrington and New York’s Richard Edlin won significant motions to defeat a class action alleging that Samsung’s Galaxy S7 series phones are falsely advertised as “water resistant.” The case began in 2016 in the Central District of California, asserting claims for common law fraud, violations of California’s Unfair Competition Law and False Advertising Law, and unjust enrichment. The Greenberg pair obtained a multi-year stay of proceedings pending appeal of a motion to compel arbitration under California law, resulting in the sole named plaintiff losing interest in the lawsuit. Another class-action authority, New Jersey’s Philip Sellinger represents Marriott and Ritz-Carlton entities in a putative class action brought on behalf of approximately 1,000 owners of fractional interests in The Ritz-Carlton Club, St. Thomas who are alleged to have paid an average price of $150,000 for their respective fractional interests.
     Miami’s Elliot Scherker represents the Government of the Virgin Islands in an appellate matter concerning the alleged 20 years’ worth of unpaid employer contributions into the Government Employees Retirement System, totaling more than $63 million. Another Miami-based star, David Coulson currently defends Champion Petfoods USA in a suit filed in the Federal Court in the Eastern District of Wisconsin alleging the client's dog food was tainted with dangerous levels of heavy metals, including arsenic, cadmium, lead, and mercury which in turn rendered some of the statements on Champion's packaging misleading. The plaintiff asserted claims for breach of express and implied warranties, unjust enrichment, and alleged violations of state consumer protection and unfair competition statutes. In February 2019, the District Judge granted summary judgement and dismissed plaintiff's complaint with prejudice on the basis that the small amounts found in Champion's dog food were naturally occurring, safe, and did not render any of Champion's statements on its packaging misleading or deceptive. Shortly after, consumers in 15 additional states, including another in Wisconsin, filed suits against Champion making similar allegations – for a total of 17 matters now being litigated state-by-state, rather than in a multi-district litigation proceeding. In October 2019, the Greenberg Traurig team won the denial of class certification in the Central District of California.

 

Hausfeld has emerged as a plaintiff-side firm to be reckoned with in several categories. Unlike many other companies of its ilk, however, the firm has not opted for taking the “boutique” route and has instead embedded itself globally, with litigators practicing in 11 offices throughout the US and in Europe. Primarily in the antitrust capacity, Hausfeld is an undisputed trailblazer, identified as a ubiquitous presence by peers on both the plaintiff and defense sides of the “V.” One major defense peer confirms, “Hausfeld is who we almost always see on the plaintiff side if there is antitrust class action. Even if it’s not exclusively them, they are always somewhere in the mix.” Another frequent opponent notes, “They have a wide scope regarding antitrust actions, and they are also huge in sports. I do a great deal of this work, and it’s nearly always against Hausfeld, at least in the biggest and best cases.” Still another sums up the firm’s stature by saying, “Many firms try to do what they do, but Hausfeld is one of the few that gets it right and one of the ones we take the most seriously.” Over the past several years alone, the firm has landed national headlines for its dogged pursuit of antitrust and sports claims. The firm was chosen by the DC Attorney General’s office in May 2021 to spearhead its efforts in a massive antitrust case against online retail juggernaut Amazon. More recently, Hausfeld scored big as co-lead counsel in a major case alleging that more than 30 Blue Cross/Blue Shield entities across the country have entered into agreements not to compete with each other for customers of health insurance. The litigation sought damages on behalf of a proposed class of more than 100 million subscribers, along with injunctive relief that would increase competition in the market for health insurance. After eight years in litigation, the plaintiffs scored a $2.67 billion settlement in October 2020. In addition to monetary relief, the settlement proposes systemic injunctive relief that will change the landscape for competition in healthcare. This settlement was approved in August 2022 – Judge Proctor approved the $2.67 billion settlement on behalf of employers and individuals.

While the DC office – where firm founder and former name partner Michael Hausfeld is based – has long been viewed as the firm’s center of gravity, with his transition to a “chairman emeritus” position, several California-based partners are taking bigger roles. “It’s more about the team now,” observes one peer. Megan Jones in the San Francisco office has been identified by several peers as “a leader at Hausfeld now,” with one peer testifying, “I have been very impressed with her, she has been leading quite a few cases.”

Melinda Coolidge, based in the DC office, serves as managing partner for the firm as well as attending to her own litigation matters that have earned her a debut as a future star in this edition. In July 2022, Coolidge led a team that reached a $90 million settlement in a ground-breaking case on behalf of app developers nationwide challenging Google’s 30% revenue share imposed on apps and in-app products sold on the Google Play Store. Coolidge is also part of a team is at the forefront of antitrust litigation over allegations that the nation’s four largest freight railroads – Union Pacific, BNSF, CSX, and Norfolk Southern – colluded on fuel surcharges and overcharged customers by billions of dollars collectively.

Celebrated boutique Hecker Fink has earned itself a pride of place in the crowded New York litigation market. One client goes so far as to assert, “This is the best litigation shop in NYC.” The firm is in expansion mode, not only in terms of reputation and market share but also in terms of actual headcount. “Their firm has grown quite a bit,” observes one contemporary. “Every year, they get larger and so are in more matters, and they recruit more talent, and so their reputation is getting stronger even beyond the name partners. I would point to Jenna Dabbs as one example, she’s very effective. Also, Mike Ferrara, he’s doing really well.” The firm did lose recently one partner – former name partner and trial lawyer Roberta Kaplan, who departed the firm this year, prompting its July 2024 name change from its former title of Kaplan Hecker & Fink.
     Sean Hecker is a rare breed of white-collar trial lawyer, with an unassailable reputation that has been fortified by universal peer and client testimonials, and the representative work to support the commentary. “Sean is the best lawyer in [New York] city,” insists a client. “He offers strategic thinking, communication, and very strong written work product. It is difficult to identify a shortcoming. His representation of us was a home run.” Hecker represents law firm Dechert in multiple active lawsuits relating to an alleged scheme to hack a client’s adversary’s emails, publish and use some of the hacked material, and cover up the scheme. The principal RICO complaint seeks hundreds of millions of dollars in damages. Hecker and Ferrara represent John Patrick Gorman III in an action brought by the CFTC for allegedly manipulating the prices of US dollar interest-rate swap spreads, and for certain alleged misstatements, while working as the head of non-yen rate trading for Nomura in Japan. Hecker and Dabbs meanwhile act for Glen Point Capital founder and former Chief Investment Officer Neil Phillips, who was indicted by the Southern District of New York in 2022 on commodities and wire fraud charges for alleged manipulative trading in the FX spot market. Phillips was also charged by the CFTC in connection with the same alleged conduct. David Gopstein, a future star who makes his debut in this edition, works with Hecker and Dabbs in this matter. On her own, Dabbs represents multiple individuals in connection with an investigation by the Southern District of New York and the SEC, which led to the indictment in the Spring of 2022 of the former CEO and CFO of investment firm and family office Archegos Capital Management, and guilty pleas pursuant to Informations filed against the firm’s former Head Trader and Chief Risk Officer.  The charges include racketeering and fraud offenses relating to a market manipulation scheme. Archegos’s downfall also resulted in significant losses for many of the firm’s trading counterparties, all of which were large and established financial institutions. Trial against the indicted CEO and CFO of the firm is scheduled for the Spring of 2024, and the government’s investigation is ongoing. 

Hoguet Newman Regal & Kenney continues to distinguish itself as a formidable force in its native New York as well as nationally. “They have some ‘Big Law’ credentials while having that kind of personal touch you can only get from boutiques,” declares a peer. Indeed, the firm’s founding partners do come equipped with experience from global juggernaut firm White & Case and have since forged ahead on building out this boutique with a high-touch approach. While the firm has some particularly strong niche areas – insurance and labor and employment, most notably – founding partners Dorothea Regal and Fredric Newman have instilled a culture that welcomes work that one partner quips is “pike law – anything that comes down the pike.” 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.
     While Regal and Newman remain active in these matters, the torch is being passed to younger generations of talent at the firm. Most notably, Joshua Blosveren has proven an especially visible and active member of the group. “Josh is a very good litigator who offers very good insurance analysis.” Blosveren leads a team that represents Syngenta Crop Protection in an insurance coverage litigation filed by its primary and umbrella insurance companies in Delaware Superior Court seeking a declaratory judgment of no coverage for long-tail personal injury exposure claims made against Syngenta arising out of the manufacture and sale of Paraquat pesticide products by Syngenta and its predecessor companies. The basis for the insurers’ denial of coverage is that Syngenta’s notice of the claim was allegedly late and should have been noticed before the claim was filed against Syngenta. In August 2020, the Hoguet team secured Syngenta summary judgment on the threshold issue of the timing of the claim, which secured Syngenta $24 million in coverage. At the same time, the firm team defeated the insurance company’s pre-discovery motion for summary judgment, alleging that Syngenta made a misrepresentation in its application for insurance. A bench trial was held in October 2022 and in March 2023 – the court issued a post-trial decision that handed Syngenta a complete victory. Zurich appealed the court’s two summary judgment decisions in the Delaware Supreme Court which, in February 2024, affirmed the two summary judgment rulings. The firm team behind this matter also included John Curley and Miriam Manber. This same team, along with Bradley Nash, also acted on a case, led by Regal, for this same client in an insurance coverage litigation filed by Syngenta in Delaware Superior Court against various insurance companies that issued primary and excess insurance policies to Syngenta’s corporate predecessors in the years 1971-1986—providing over $800 million in coverage—for losses arising from long-tail personal injury exposure claims made against Syngenta arising out of the manufacture and sale of Paraquat pesticide products by Syngenta and its predecessor companies. The firm’s labor and employment capacity is largely run by Damian Cavaleri, who has an active docket of matters for a novel and varied roster of clients. Cavaleri led a case for Cosmax USA and Nu-World against plaintiffs, who are a contract manufacturer specializing in beauty products, who brought an action upon the client’s breach of a contract in an attempt to recover approximately $2 million owed pursuant to the contracts. The client asserted counterclaims related to several alleged agreements that it claims were breached and resulted in lost profits as well as other damages, including fines from major retailers. Manber also works with fellow future star Helene Hechtkopf on a labor and employment matter for the New York MTA, a longtime mainstay client for the firm.

Holwell Shuster & Goldberg is widely and duly revered as among the preeminent litigation boutiques both in New York City’s congested market and nationally. Peers and clients stand united as admirers of the firm’s approach and litigation acumen. One client cheers the firm’s “client service, talent, bench strength, advocacy, professionalism and strategy.” A New York contemporary meanwhile voices respect for Holwell Shuster’s “top-to-bottom culture,” noting “a level of litigation excellence from the senior people to the up-and-comers, just a strong command and dedication.” Another peer notes, “They are really getting a lot of high-level [leading insurance carrier] Chubb work now, and that’s a nice feather in their cap.”
     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, including landing himself a coveted position among Benchmark’s Top 100 Trial Lawyers in America. Among the most active of Holwell’s litigators, Shuster continues to offer representation to regular client Visa in numerous complex and long-running antitrust matters, both in the class-action and opt-out capacities. In the opt-out cases, the country’s leading merchants are challenging credit and debit card rules that go to the heart of the industry and seeking billions of dollars in damages, pre-trebling. Meanwhile, a putative equitable relief class on behalf of all merchants across the nation is seeking broad-ranging changes to Visa’s business model. In September 2018, the defendants reached a historic $5.6 billion settlement with one of the putative classes of merchants. An appeal was briefed in 2020 and argued in 2022, and in March 2023, the Second Circuit of New York upheld the now $5.6 billion antitrust class-action settlement with more than 12 million retailers. In March 2024, the defendants reached another historic settlement with a nationwide certified class of merchants seeking injunctive relief. The settlement would resolve all claims for injunctive relief for all merchants and bring to a close class claims pending since 2005. Shuster also currently serves as nationwide lead trial 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. Shuster is supported on the matters by partners Blair Kaminsky and Daniel Sullivan. One client weighs in, “Michael Shuster is an excellent trial attorney who is supported by the legal expertise of Blair and Daniel.” Another specifies, “Daniel Sullivan is a well respected insurance defense attorney handling complex legal issues involved with the opioid declaratory judgment litigation for Chubb. Dan prepared successful legal briefs, prepared, deposed, and cross-examined corporate and expert witnesses, preserved and argued appellate issues, and made compelling arguments during hearings, motions, and at trial.” Priyanka Timblo and Brendon DeMay won a $101 million jury verdict for London Luxury against Walmart in a lawsuit alleging that Walmart wrongfully cancelled its contract to purchase more than $500 million in personal protective equipment, or “PPE,” the demand for which skyrocketed at the peak of the COVID pandemic but eventually waned. “That’s a great look for them, and for the firm,” asserts a peer. “You don’t see too many other firms giving 40-something-year-old partners their $100 million jury trials!”

In another COVID-adjacent matter, Greg Dubinsky represents former New York governor Andrew Cuomo, who was being investigated by an ethics commission regarding allegations of ethics breaches committed while publishing his book American Crisis: Leadership Lessons from the COVID-19 Pandemic. In September 2023, a New York Supreme Court justice commission unconstitutional. Dubinsky also served as lead counsel for the National Basketball Association in an antitrust suit brought by a person denied the opportunity to qualify as a player agent. The plaintiff in this case claimed that the NBA and the league’s players union violated the antitrust laws by barring him from taking an online exam for individuals attempting to be player agents.

 

Since its genesis in 2015, Los Angeles litigation boutique Hueston Hennigan has seen an ascent that can only be described as astonishing. Formed by a group of commercial litigators who peeled off of California institution Irell & Manella to launch this venture, Hueston Hennigan has forged itself a coveted position as a local litigation shop that has achieved state-wide and even national prominence. The firm is noted for its mission of putting a premium on trial work, a mission that has been fulfilled with rapid momentum on several high-level appointments. “They have just been massively successful,” sums up one East Coast litigator, stating a consensus shared by many. The firm’s client base is remarkably diverse, ranging from individuals to a variety of entities encompassing tech giants, Native American tribes, the Boy Scouts and the California State Bar (to name but a few), with very little repeat business and virtually no “routine” cases. “Hueston Hennigan doesn’t do the ‘cookie-cutter.’ They do really cool, cutting-edge work,” declares a peer, who goes on to confide, “I admit it makes me jealous, and I’m sure I’m not alone!” Seemingly not content with dominating the Los Angeles area, the firm has, within the past year, discreetly planted a flag in the New York market as well, with a further buildout expected.
      Firm founder and lead trial John Hueston, a trial trailblazer who has carved himself an enviable position even among others in the elite trial lawyer circuit. “I’ve seen trial lawyers rise and fade but John is young and vibrant enough to be in this for the long haul,” opines one peer. Hueston’s proven activity as lead counsel on a number of high-level appointments more than supports this near-unanimous acclaim. Hueston is not alone in his trial prowess and activity, however. Moez Kaba has staked himself a position as another of the firm’s lead trial counsel, acting in tandem with Hueston or on his own on some of the firm’s most high-stakes disputes. Kaba made his debut as one of the Benchmark Top 100 Trial Lawyers two years ago, a coveted status made all the more impressive by the fact that he is the youngest appointee to this prestigious list by some distance. More impressive still, his position on that list remains secure again this year, as does that of Hueston, who has appeared every year since the list’s inception. This duo is once again (as co-counsel) defending Amazon, for which the Hueston pair has previously triumphed in other earlier matters. This time, the case is against the FTC, which claims that Amazon duped millions of consumers into unknowingly enrolling in its Amazon Prime program by employing “dark patterns” that allegedly deceive and confuse customers into enrolling, and deliberately makes cancelling difficult. This same duo, along with Alison Libeu, also scored for energy drink entity Monster when a California jury awarded the client $293 million in a hotly contested Lanham Act, false advertising and trade secrets case with a rival. Hueston and Newport Beach-based Doug Dixon also led a team that secured a settlement in excess of $300 million for Match on the eve of trial in a high-profile antitrust case. Match (along with Epic Games, which filed its own well publicized suit) alleged that Google used anti-competitive practices to build and maintain a monopoly over Android app distribution – including paying off rivals not to compete – so that app developers have had no alternative other than the Google Play Store to reach Android consumers. Google is also facing allegations that it is exploiting it by requiring app developers like Match and Epic Games to use Google’s payment system for subscriptions and other in-app purchases, allowing Google to impose a fee of up to 30% from each transaction. Vicki Chou makes the leap from future star to litigation star in this edition. A peer insists, “It’s her time! She is doing white-collar but also doing a lot of civil work. She just got into the ACTL! She is keeping a very balanced practice and bursting on to the scene.”

 

 

Since its genesis in 2015, Los Angeles litigation boutique Hueston Hennigan has seen an ascent that can only be described as astonishing. Formed by a group of commercial litigators who peeled off of California institution Irell & Manella to launch this venture, Hueston Hennigan has forged itself a coveted position as a local litigation shop that has achieved state-wide and even national prominence. The firm is noted for its mission of putting a premium on trial work, a mission that has been fulfilled with rapid momentum on several high-level appointments. “They have just been massively successful,” sums up one East Coast litigator, stating a consensus shared by many. The firm’s client base is remarkably diverse, ranging from individuals to a variety of entities encompassing tech giants, Native American tribes, the Boy Scouts and the California State Bar (to name but a few), with very little repeat business and virtually no “routine” cases. “Hueston Hennigan doesn’t do the ‘cookie-cutter.’ They do really cool, cutting-edge work,” declares a peer, who goes on to confide, “I admit it makes me jealous, and I’m sure I’m not alone!” Seemingly not content with dominating the Los Angeles area, the firm has, within the past year, discreetly planted a flag in the New York market as well, with a further buildout expected.
      Firm founder and lead trial John Hueston, a trial trailblazer who has carved himself an enviable position even among others in the elite trial lawyer circuit. “I’ve seen trial lawyers rise and fade but John is young and vibrant enough to be in this for the long haul,” opines one peer. Hueston’s proven activity as lead counsel on a number of high-level appointments more than supports this near-unanimous acclaim. Hueston is not alone in his trial prowess and activity, however. Moez Kaba has staked himself a position as another of the firm’s lead trial counsel, acting in tandem with Hueston or on his own on some of the firm’s most high-stakes disputes. Kaba made his debut as one of the Benchmark Top 100 Trial Lawyers two years ago, a coveted status made all the more impressive by the fact that he is the youngest appointee to this prestigious list by some distance. More impressive still, his position on that list remains secure again this year, as does that of Hueston, who has appeared every year since the list’s inception. This duo is once again (as co-counsel) defending Amazon, for which the Hueston pair has previously triumphed in other earlier matters. This time, the case is against the FTC, which claims that Amazon duped millions of consumers into unknowingly enrolling in its Amazon Prime program by employing “dark patterns” that allegedly deceive and confuse customers into enrolling, and deliberately makes cancelling difficult. This same duo, along with Alison Libeu, also scored for energy drink entity Monster when a California jury awarded the client $293 million in a hotly contested Lanham Act, false advertising and trade secrets case with a rival. Hueston and Newport Beach-based Doug Dixon also led a team that secured a settlement in excess of $300 million for Match on the eve of trial in a high-profile antitrust case. Match (along with Epic Games, which filed its own well publicized suit) alleged that Google used anti-competitive practices to build and maintain a monopoly over Android app distribution – including paying off rivals not to compete – so that app developers have had no alternative other than the Google Play Store to reach Android consumers. Google is also facing allegations that it is exploiting it by requiring app developers like Match and Epic Games to use Google’s payment system for subscriptions and other in-app purchases, allowing Google to impose a fee of up to 30% from each transaction. Vicki Chou makes the leap from future star to litigation star in this edition. A peer insists, “It’s her time! She is doing white-collar but also doing a lot of civil work. She just got into the ACTL! She is keeping a very balanced practice and bursting on to the scene.”

 

 

Recognized in jurisdictions around the country for its overall talent in litigation, Hunton Andrews Kurth is praised for its ability to provide clients with exceptional service across a litany of practice areas. Clients make note of the variety of issues for which they turn to the firm: “Class actions, regulatory advice, cybersecurity litigation, and arbitration.” One additionally shares, “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 comments 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.”

     Hunton’s range of excellence across practice areas is equal to its bench strength spanning a strategic network of offices. In the southeast, Sam Dannon is recognized by peers in the Miami market. “Sam Dannon is a great lawyer,” one comments. “He’s excellent. He did a great job with the grass fertilizer cases. I think if you’re talking about individuals – Sam has a big name. It’s a well-deserved name.” Richmond-based litigator Elbert Lin receives the same recognition with a praising mention: “Elbert Lin – He's the man!” Lin serves as lead defense counsel to automobile parts manufacturers and distributors facing enforcement proceedings from the Environmental Protection Agency and the California Air Resources Board. The companies also selected Lin and the team to represent them before the DC Circuit Court of Appeals. Lin seeks to challenge the EPA’s reinterpretation of the Clean Air Act, alleging it was illegal and acted without following proper rulemaking procedures pursuant to the act. The lower court had found in Lin’s favor, allowing the clients to challenge the interpretation in each enforcement action. Fellow Richmond partner Ali Cunningham makes her debut as a Litigation Star this year, covering the mass tort, product liability and environmental litigation and serving as the co-head of the firm’s litigation group. She is the lead lawyer representing French subsidiary of Alfa Laval, Alfa Laval Packinox, in an International Chamber of Commerce arbitration commenced by Drivetrain, serving as the litigation trustee for the bankrupt subsidiaries of a now-defunct infrastructure and energy company, Abengoa. Cunningham and the Hunton team were sought out as lead counsel after Drivetrain increased its damages request substantially. In response and as newly appointed counsel, Cunningham overhauled the defense strategy and resolved the case successfully and on terms favorable to the client.

     Richmond’s George “Trey” Sibley’s practice emphasizes matters of environmental permitting, while in D.C., environmental practice head Deidre Duncan focuses on disputes related to compliance in addition to permitting. The two are often active in these regards on high-stakes proceedings with the potential to markedly reshape the landscape of EPA regulation. Recently, Sibley and Duncan were before the Ninth Circuit in a matter challenging the scope of the court’s discretion to vacate federal agency action. The District of Columbia office also features Torsten Kracht whose commercial practice has involved class actions and arbitrations nationwide. One of Kracht’s clients voices their deep appreciation for his representation, client relationship, as well as his disposition. “Torsten listens first and provides counsel second,” the client reflects. “He is a consummate professional who is client focused and results driven. I have worked with hundreds of attorneys over the course of my in-house career and have not met another attorney that rises to his level.”

     In Texas, Houston’s Kelly Sandill is an active, multidisciplined litigator with a history of casework ranging from government relations to First Amendment. Sandill has been lead counsel to the Houston Police Officer Union in its challenge to voter-approved city charter amendment, Proposition B, which tied firefighter pay to policy pay. She led an all-female trial team that initiated the underlying challenge in 2018, and after years of litigation, months of briefing, oral arguments and post-submission filings, the Texas Supreme Court reinstated the team’s trial win. Not only did the Supreme Court find in favor of the HPOU, affirming the client’s right to collectively bargain for its members and ensure it remains a competitive police force, the high court’s opinion is likely to become authoritative on preemption in Texas.

     Making a first appearance as a Litigation Star this year, New York partner Shawn Regan has an industry-focused approach, handling all practice areas touching on issues related to the financial, energy, and consumer-retail sectors. He received a shout out from a peer who worked with him on a national case. Los Angeles-based partner Ann Marie Mortimer is the head of commercial litigation at the firm and stands at the forefront of cybersecurity litigation. Her talent is noted by clients who commend her work. One of whom shares, “Ann Marie is great at client communication and shows creativity in her legal arguments.” Spearheading cybersecurity cases as a thought-leader and litigator, Mortimer has maintained an exceptionally active practice over the last year involving technology-breach, California Consumer Privacy Act violations, and a variety of multidistrict litigation cases. Mortimer obtained dismissal for Bath & Body Works facing a CCPA class action alleging violations although the named retailers were not involved in a data breach. She is also lead counsel for Meta Platforms, handling a multitude of cases across jurisdictions in an effort to curb abusive users and hold them accountable as the company has come under scrutiny over its responsibilities. Mortimer has secured a series of wins over the last year, including motions to dismiss counterclaims and affirmative defenses brought by the defendant in a case. In the cybersecurity space, Mortimer thwarted a putative data breach class action with a success motion to dismiss in favor of OneMain Holdings and OneMain Financial Group after it announced that a vendor shared reports of credit card transactions which contained privileged information.

A powerhouse among Midwestern firms, Husch Blackwell has a network of outposts beyond its Missouri roots to include Wisconsin, Nebraska, Illinois, Texas, and California, with both virtual offices and physical offices. The firm developed its plan for virtual offices before the Covid pandemic, which gave it a jump on competitors. Virtual offices also made it possible for the firm to widen its talent pipeline.

Clients retain the firm for an array of practice areas including employment, False Claims Act lawsuits, liability, commercial disputes, arbitrations, and Lanham Act lawsuits. One client describes the firm’s successful assistance in reference to “a large, complicated coverage matter with many moving parts, involving tenuous liability and significant inflammatory damages.” The same client commends the team’s ability to “think problems through, deal with complex coverage issues, and partner to find solutions.” Clients also appreciate the firm’s overall client relationships, praising the teams they worked with for “understanding our business” and providing “business-minded advice.”

“Husch Blackwell has a deep understanding of the pharma industry and provides efficient and practical advice on a variety of pharma-related issues.” Another client, commenting on the firm’s team organization and expertise adds, “They are extremely diversified and seem to have an expert in every area of the law.”

Kansas City partner Jeffrey Simon has experience handling cases in a wide variety of disciplines. As co-counsel, Simon represents Provisur Technologies in its patent infringement case filed against Weber in the Western District of Missouri. After a 10-day trial, the jury found that the defendants infringed on three of the four patents and awarded full damages. In a separate matter, Simon was lead counsel to the Kansas City Board of Police Commissioners defending a KCPD officer against claims of civil-rights violations in connection with the fatal shooting of a suspect. After an adverse summary judgment motion decision, Simon argued the appeal before the Eighth Circuit, which reversed and remanded the case for reconsideration. The trial court granted summary judgment on remand, dismissing the case entirely. The plaintiff appealed again to the Eighth Circuit, which Simon again argued and won.

In St. Louis, Chris Smith offers his commercial litigation expertise to healthcare clients throughout the country. He was lead counsel to Cigna and Express Scripts against New York City Transit Authority, which alleged that it was damaged by increasing prescription drug costs and healthcare fraud by its employees. The case was tried in front of a jury in the Southern District of New York in March 2023, where the jury returned a verdict in favor of Express Scripts. In New Mexico, Smith represents Centene in a class action alleging the client is obligated to provide medical marijuana coverage within the state. The issue of jurisdiction is being litigated currently, as Smith moved the matter to the District of New Mexico, arguing that it is a federal issue. The plaintiffs have moved to remand the matter, and that motion is pending.

St. Louis-based intellectual property specialist Rudy Telscher represents Motion Control in a patent infringement case involving prosthetic hands. In a lawsuit, Vincent Systems alleges that a glued-finger component is axially moveable and infringing on Vincent Systems’ patent. The matter is currently in discovery.

Beau Jackson of the Kansas City office is an International Trade Commission specialist. He represented Calico in an ITC matter regarding cannabis oil-vaping cartridges. This case went to trial before the ITC’s Chief Administrative Law Judge in August 2022. In February 2023, the judge issued a decision finding no violations. He also initiated an action for Dometic seeking ITC relief against four companies that are importing and selling marine air conditioning products alleged to infringe on a Dometic patent. The company contends its technology is being outsourced for production in China. The case was tried before the judge in September 2023, and a final ITC decision is expected in 2024.

A Chicago-based intellectual property star with an emphasis on the life sciences industry, Don Mizerk is described as being “very experienced in a variety of matters related to FDA-approved pharmaceuticals.” He recently defended Sigmapharm Laboratories in an ANDA dispute filed by Takeda Pharmaceuticals after the client sought approval for its generic version of the antidepressant vortioxetine. Mizerk took the case to trial before a Judge in the District of Delaware, who found that the client’s generic version would not infringe any patents-in-suit.

Marnie Jensen, of the Omaha, Nebraska office, is a sought-after expert for food and agriculture matters among other government relations cases. One client remarks, “She is incredibly personable, knows our business, and is our go-to person for food issues.” Milwaukee partner Ann Maher has a deep expertise in handling litigation and receives praise for her emphasis on client relationships. “She listens to the problem and asks appropriate questions to gather information, provides advice regarding strategy, and has great follow-through,” one client describes. “Ann is honest in her opinions. If we have some or complete culpability, she will tell you. If not, she is a great defender.”

Maher represents Cleaver-Brooks in a case filed by a former distributor. The lawsuit alleges the client’s termination of the distributor agreement violated the Minnesota Franchise Act. She prevailed against the plaintiff’s motion for preliminary injunction in the District of Minnesota and received a summary judgment as to all the plaintiff’s claims.

Lorinda Holloway is a litigation star praised by clients for her talent across specialties. “She is very knowledgeable, takes a practical approach, and is extremely responsive,” notes a client. Holloway is active in litigation on behalf of clients in the healthcare industry. She represented Hospital Internists of Austin (“HIA”) against TeamHealth. HIA sued TeamHealth for breach of contract and for tortious interference with existing contracts. After two weeks of trial testimony, the jury deliberated for nearly a day and a half. Unanimous on all but one question, the jury awarded HIA (and two additional client entities) a total of $10.4 million.

Headquartered in downtown DC, Kellogg Hansen Todd Figel & Frederick is a mid-sized law firm home to numerous trial-tested appellate and complex litigation lawyers.
       Founding and managing partner Michael Kellogg specializes in appellate, regulatory, and antitrust issues, many of which he has argued before the US Supreme Court. Fellow name partner Mark Hansen is a seasoned trial lawyer active in civil and criminal actions. As counsel, he has obtained some of the largest judgments in antitrust and unfair trade practice cases in recent history. David Frederick, a name partner, manages a diverse practice in the appellate arena. He has represented an array of individuals, classes and companies before the US Supreme Court, state supreme courts, and in every court of appeals across the country. Frederick serves as lead counsel for National Credit Union Administration in a lawsuit against numerous international and national banks. Aaron Panner is recognized for his work in the antitrust space. He is active representing clients in high-profile, high-stakes disputes in appellate and district courts across the country. He recently represented iPhone owners in one of the most considerable victories for private antitrust plaintiffs before the US Supreme Court. Andrew Shen is recognized for his breach of contract, securities, antitrust, health care, fraud, telecommunications, and whistleblower litigation practice. He recently represented an insurance company in a string of lawsuits related to the sale of residential mortgage-backed securities. Steven Benz is recognized as an antitrust and unfair competition expert, having represented clients in numerous complex commercial actions throughout his 25-plus year career. He is part of the lead counsel team representing Veeva in a suit filed by a rival life sciences giant which accuses the client of poaching an employee as part of an alleged practice that encourages competitors’ works to breach noncompete agreements. A Maryland federal judge determined the court had no jurisdiction over the matter.

Based in the Philadelphia suburb of Radnor, Pennsylvania, plaintiff heavyweights Kessler Topaz Meltzer & Check have scored nationwide wins in the class-actions sphere. Clients voice appreciation for its partners being “well prepared in analysis of cases,” and “keeping the client informed.” While domiciled in suburban Pennsylvania, the firm’s ambitions have taken it global. “Kessler Topaz has a lot of penetration in the European market. They spent a lot of money on that, and it has paid off. They realized that there was a space in Europe where they did not know there was a class-action market at all, and so they built a monitoring practice with them. This has grown to the point where they are representing institutional investors in the US as well.”

In a recent example of the rewards of the firm’s overseas entrepreneurialism, Kessler Topaz scored a major win in February 2022, when a $1.6 billion global settlement became effective with Steinhoff International Holdings, Steinhoff auditor Deloitte & Touche South Africa, and Steinhoff’s former directors and officers and their D&O insurers. The settlement is purportedly the largest securities settlement outside the US to date. It resolves claims brought by Steinhoff common stock shareholders before courts in the Netherlands, Germany, and South Africa for losses they sustained as a result of Steinhoff’s December 2017 revelation that it had discovered accounting irregularities and that it had overstated profits by $7.4 billion between 2009 and 2017. Kessler Topaz, representing more than 40 institutional investors from around the globe, initially filed legal action in the Netherlands, seeking recovery of investor losses and a judicial examination.

Stuart Berman is particularly noted for his non-US litigation practice, as is Darren Check. The latter is praised by a client as “very knowledgeable and informative” and someone who “always keeps his clients up to date on the status of cases.”

While the firm has been primarily lauded for its securities practice, an area in which it has scored some of its most noteworthy victories, there has been a push toward antitrust cases as of late. In one example, Joseph Meltzer represents a class of plaintiffs who filed a Consolidated Class Action Complaint against pharmaceuticals entity Amarin, alleging that, having pursued and lost patent infringement litigation against would-be generic competitors as well as exhausting every regulatory means to prevent and delay the launch of generic competitors, Amarin adopted an unlawful strategy to artificially extend its monopoly for its sole product, Vascepa. By locking up every viable supplier of the key ingredient needed to manufacture generic Vascepa, Amarin boxed generic manufacturers out of the market. This scheme left Amarin free to continue charging supracompetitive prices and obtain the most profit it could out of Vascepa, at the expense of the plaintiffs and other purchasers of the drug. In another “antitrust-adjacent” matter, Meltzer and Check represent a class of plaintiffs, New Jersey municipalities, who filed a complaint against video programming and cable entities Netflix and Hulu, alleging that the defendants were required to file an application for individual certificates of approval or a system-wide franchise, in accordance with a New Jersey state statute, and failed to do so – and thus are providing cable television services throughout New Jersey without authorization and in contravention of the New Jersey Cable Television Act. Such certificates of approval and/or franchise would have authorized the defendants to use public rights-of-way to provide their cable television service and video programming, provided that defendants make payments to each municipality in which it provides service. The required payment is equal to a percentage of the gross revenues derived from subscription fees paid by subscribers in each municipality. The plaintiffs seek to require the defendants to abide by the CTA and pay what they owe to New Jersey municipalities.

Kirkland & Ellis has steadily risen from its roots in Chicago (where it remains a dominant brand) to become an international powerhouse. “Kirkland is a very formidable firm – [they have] a lot of talent. They have a lot of really solid people. There’s just something ‘cool and tough’ about them that you just can’t touch.” One of the larger and more comprehensive litigation capacities, Kirkland stands out as a firm that that boasts bench strength and high-level appointments in virtually every area of practice it offers, which include (but are not limited to) securities, antitrust, product liability, appeals, intellectual property, white-collar and investigations, commercial litigation, and bankruptcy, with the last being an area in which the firm is particularly dominant. “In bankruptcy, it’s Kirkland every day – they have to be at the top,” insists one peer, himself a leader in this practice. “I would specifically point to Mike Slade as a leader here – he takes some of the hardest bankruptcy cases around.”

     Kirkland is also noted for housing several leaders in the trial law specialty. To that end, perhaps the biggest news is the 2023 return to Kirkland of James Hurst, a famed and prolific Chicago-based trial luminary noted for prodigious courtroom acumen who took a multi-year hiatus. Hurst represented Abbott Laboratories and its affiliate, Abbott Molecular., in a lawsuit alleging gender and race discrimination brought by an African-American female and former employee of Abbott. Hurst prevailed on the clients’ behalf in September 2023. Another of the firm’s marquis trial lawyers, DC’s Mike Brock(who has been consistently ranked as one of Benchmark’s Top 100 Trial Lawyers since its inception in 2014) led a team along with Chicago’s Leslie Smith and Anne Sidrys representing 3M Company and its subsidiary Aearo Technologies in product liability litigation concerning 3M’s allegedly defective dual-ended Combat Arms Earplugs. In 2021, the Kirkland team secured a complete defense verdict in the second and fifth bellwether trials in this massive and headline-grabbing litigation. Operating from the firm’s Los Angeles and San Francisco offices, all-purpose commercial litigator Mark Holscher is another of the firm’s trial stars – one who makes his debut on the Top 100 list this year. A local candidate on this list testifies, “Mark is terrific. He’s now on the plaintiff’s side and become a thorn in the side of entertainment studios.” Holscher is representing Stable Road Acquisition in a purported consolidated securities class action arising from a merger, as well as an SEC action involving the CEO and founder of the merger candidate entity.

    Domestically, Kirkland has exhibited a remarkable level of growth in its New York office in particular. Kirkland came into this market and started knocking over furniture and not asking permission, just taking it,” quips one contemporary, summing up the firm’s explosive growth in the city. “We do a lot of work with them, and they send us work. They can’t be adverse to most of the private-equity firms that matter, but they have become an utter juggernaut in the New York market. More than anyone, they are responsible for the cultural shift in New York firms – there is a poaching war going on between them and some ‘white-shoe’ firms that I’m sure are historically not used to having their dominance challenged!” Many credit Sandra Goldstein, a litigation powerhouse and “straight shooter,” for this phenomenon. “Sandra has not only a terrific reputation but a sizeable book of business,” states one peer. “She has a carousel of securities and Delaware-related litigation on the go. But she also benefits from having the Kirkland machine and a great team that is coming under her and, at this point, with her – people like Stefan Atkinson, Rachel Fritzlerand Matthew Solum. They are all junior to Sandra but absolutely critical and playing major roles.” A peer elaborates, “Stefan Atkinson is a young guy that is very strong in Delaware.” The duo of Golstein and Atkinson prevailed in affirming a judgment entered in favor of Constellation Brands in a case in which Mexican beer brand Modelo brought suit against Constellation, the holder of a perpetual license to use the Corona and Modelo trademarks on “Beer” in the US, alleging that Constellation’s new Corona Hard Seltzer and Modelo Ranch Water products fell outside the scope of the license because hard seltzers are not beer. A peer insists, “You’ve got to look at [the New York office of] Kirkland harder for securities work! Just at the moment they’ve got GrubHub. Jeld-Wen. Six Flags. Honeywell…shall I go on?”Solum in particular is identified as “a securities star in the making,” with one peer stating, “We are seeing him everywhere and not just in one specific type of securities case, either. He’s got M&A work, derivative work, class actions, you name it.” Solum represents Avalara and certain of its former directors in putative securities class action arising from Vista Equity Partners’ $8.4 billion take-private acquisition of Avalara. Solum also represents Avalara in a related petition brought by Avalara against dissenting shareholders to determine the fair value of shares. Another New York partner, in the intellectual property space, Dale Cendali represented Take-Two Interactive Software in a copyright infringement lawsuit brought by a tattoo artist related to the depictions of NBA players LeBron James, Danny Green and Tristan Thompson in Take-Two’s  popular NBA 2K video game series. Take-Two designs each of the NBA players’ avatars with an eye toward realism, which requires including the players’ real-world tattoos on their virtual avatars in NBA 2K. The plaintiff claimed that the inclusion in NBA 2K of six tattoos he inked on these three NBA players amounted to copyright infringement. At trial, the Cendali and her team argued (among other things) that the inclusion of these nearly imperceptible tattoos in the massive video games is de minimis, a fair use, and covered by a license from LeBron James. In April 2024, the jury returned a verdict of no infringement.

 

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, and moving full steam in to 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 was 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.” Orseck’s achievements exemplify these ringing endorsements; he defended United Health Services’ officers and directors in a derivative suit alleging securities fraud, breach of fiduciary duty, and other claims, relating to alleged improper patient-admission practices at the client’s affiliated behavioral-health facilities throughout the country. The claims were dismissed in 2019 but went to appeal In December 2021, at which point the parties resolved the matter, originally valued at more than $1.5 billion, on the basis of non-monetary reforms regarding corporate compliance. In a similar matter, Orseck leads a team defending Community Health Systems and certain of its affiliates and former officers against fraudulent transfer, breach of contract, illegal dividend, and related claims brought by the Litigation Trustee for the QHC Litigation Trust. The Litigation Trustee seeks to avoid, among other things, a $1.2 billion transfer from QHC to CHS in connection with a 2016 spinoff transaction. The DC group comes with some youth factor to balance out the senior talent; future star William Trunk is part of Orseck’s team on the aforementioned Community Health matter, and 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 further attests, “I see them all the time and they give me and anyone else a run for the money.” Eckstein leads a team that, for the past three years, has served as lead bankruptcy counsel to represent the Ad Hoc Committee (AHC) of 10 state attorneys general, six municipalities, and the Plaintiffs Executive Committee in the multidistrict litigation and a federally recognized Native American Tribe in the ongoing bankruptcy saga of embattled opioid manufacturer Purdue Pharma. White-collar crime is another field in which Kramer Levin boasts an 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. 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. Both celebrated white-collar stars Berke and James represented biotech giant Amgen in a commercial litigation capacity in the client’s dispute with Novartis over the latter’s alleged breach of contract and tortious conduct arising out of the parties’ collaboration agreement to commercialize a migraine drug. On a counterclaim, Amgen alleged that Novartis breached the contract when it allowed its subsidiary to manufacture a competing migraine drug, and then actively concealed this from Amgen. The Kramer Levin team on this matter also included Norman Simon, who typically deals with cases involving the Lanham Act and false-advertising claims, niche areas in which Kramer Levin has been noted as being one of the few major players.
     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 has historically represented Janssen, and on behalf of this client sued several generic manufacturers under the Hatch-Waxman Act for infringement of patents protecting Symtuza, a treatment for HIV/AIDS. The action is in active fact discovery and claim-construction proceedings, and a bench trial is scheduled for October 2023. 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. 

     The firm upholds its dedication to labor and employment litigation, regularly representing high-profile clients in a variety of respects, particularly emphasizing – though not limiting itself to – highly sensitive and complex single-plaintiff employment disputes. No stranger to the public eye, employment law chair Kevin Leblang of New York is regularly active at the forefront of the most highly exposed disputes in employment litigation. Leblang currently defends Stifel in a sexual harassment lawsuit that has gained significant market attention. In 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) passed, leading the court to reverse its initial order to compel arbitration. Leblang has since appealed the decision to the Second Circuit. Leblang is routinely prepraing for trial. He is also active in discovery and pre-trial practice, defending Société Général in a sexual orientation and harassment lawsuit. Eliza Kaiser, also of the firm’s New York office, represents leaders across a variety of industries in disputes and investigations. Kaiser represented Facebook against a Department of Justice action that alleged that the company engaged in discriminatory hiring practices in the US in relation to its immigration policies. She negotiated a settlement with the DOJ as well as a parallel matter with the Department of Labor. Leblang and Kaiser’s fellow partner Robert Holtzman was recently engaged in three separate arbitrations on behalf of Natixis, all of which were successfully resolved.

Plaintiff shop Labaton Keller Sucharow (newly christened thus in 2024 from its former Labaton Sucharow name) is strategically placed in the financial district of New York as well as in Wilmington, Delaware and Washington, DC, where it is well poised to feed heartily on a steady diet of corporate disputes arising on Wall Street and in the Delaware Court of Chancery. As far as its prized securities practice, the firm remains at the top echelon, as a defense-side peer says, “Labaton is one of the few plaintiff firms that get the big, meaty securities cases and they litigate them.” The firm has also made inroads into the privacy space, with a number of partners delving into the practice. “It’s a whole new crew coming up there,” declares one peer.
     One such partner is New York’s Michael Canty, who is making significant strides in profile as of late. Canty served as co-lead counsel representing Public Employee Retirement System of Idaho in a securities fraud case against Alexion Pharmaceuticals and certain of its executives. The suit alleged that Alexion, a pharmaceutical drug company that generated nearly all of its revenue from selling the Company’s flagship drug, Soliris, made materially false and misleading statements and omissions principally connected to Alexion’s sales practices in connection with the marketing of Soliris. After years of vigorous litigation that commenced in 2019, the parties reached a $125 million settlement, which was affirmed in December 2023. Canty leads the trial representing Carpenters Pension Trust for Northern California and the Carpenters Annuity Trust Fund for Northern California, among others, in a securities class action filed against Allstate, the company’s CEO and its former President of Allstate Protection. The case arises from the company’s alleged growth strategy that ultimately led to relaxed underwriting standards which caused claims to increase.  Canty laid the ground before trial with several critical victories, including prevailing against the defendants’ motion to dismiss, class certification, and defeating the defendants’ motion to exclude the opinions of his experts. Finally, once again in December 2023, the parties received approval of a $90 million joint settlement. Carol Villegas is lauded for her “grit and talent” and denoted by a market peer as “the one who’s very prominent [at Labaton].”  Villegas serves as the youngest team leader in the firm’s history, spearheading the burgeoning Consumer Protection and Data Privacy Practice. In the privacy space, she serves as co-lead class counsel in their case alleging violations of privacy rights and related statutes against Flo Health, a women's health app developer that allows users to track data such as fertility and menstruation. While Villegas is trailblazing through the privacy and consumer protection litigation, she continues to be a pillar of the plaintiff-side securities bar.  Villegas and Canty are lead counsel to the Public Employees Retirement Association of New Mexico in a securities action against California’s utility provider, PG&E.
     Labaton has also been steadily building out its Delaware practice. This has largely been attributed to the efforts of Ned Weinberger, a partner who has made a splash in the Delaware market and has had the community talking. “Ned Weinberger has been killing it,” exclaims a peer, who goes on to elaborate, “Dell Class V was a milestone, a huge settlement. He’s gotten some pretty good wins. Just in terms of presence, aptitude and skills, I think he will keep the flag planted [in Wilmington.]” In the alluded-to Dell case, Weinberger served as co-lead counsel against controlling stockholders of Dell, alleging they had breached their fiduciary duties by expropriating billions of dollars in value from Dell’s Class V Stockholders. After hotly contested litigation, Dell agreed to pony up a $1 billion cash settlement in lieu of a trial.

 

Lightfoot Franklin & White is an Alabama-headquartered litigation boutique with offices in Birmingham and Houston, Texas. The firm’s standing has been cemented by unanimous peer and client review – in keeping with this, Lightfoot was the recipient of the "Alabama Firm of the Year" award for the eighth consecutive year at the Benchmark Litigation awards in 2024, a remarkable honor. An appreciative client confirms, “Lightfoot has a number of attorneys that I trust. The legal analysis and writing is top notch, and they have excellent trial lawyers.” While the firm is addressed as “the top litigation shop in [Alabama],” its reputation extends beyond the state’s borders, with additional admirers throughout the Southeast region and clients retaining the firm for national-level appointments. One peer quips, “Lightfoot just keeps on blowin’ and goin’!”

     One such client is GM, which has come to rely on Lightfoot’s product liability trial expertise. Rachel Larysuccessfully defended GM in Georgia, in a case in which the plaintiff alleged that a defect in the vehicle's glass resulted in the loss of his left eye during an accident. Despite amending his complaint three times and seeking to do so for a fourth, Lightfoot moved to dismiss the claim based on statute of limitations grounds and opposed the plaintiff's fourth attempt to amend the complaint. The federal court ruled in favor of Lightfoot's stance and the automaker, dismissing the case. This dismissal was upheld at the Eleventh Circuit in February 2024. Lightfoot’s reputation for national-level auto clients extends to another of the Detroit “Big Three,” Ford. Melody Eagan successfully defended this client at the Eleventh Circuit in an appellate matter originating from a 2016 car accident. In this case, the plaintiff decedent’s estate sued the automobile manufacturer in 2018, asserting that a defective seat belt design in the vehicle was the causative factor for the decedent's fatal injuries. In a product liability wrongful death case, the plaintiff sought millions in punitive damages. However, the jury returned a favorable verdict for the automaker. A 2021 decision at the Eleventh Circuit was fortified by its decision in August 2023 not to re-hear the case. Lee Hollis is defending Olin in several mass-action suits alleging trespass, nuisance, and negligence following chlorine leaks at one of its chemical plants. Almost 400 plaintiffs, who live near the chemical plant, have asserted claims for various health issues and depreciation of their property value, with claims exceeding $20 million. Hollis also is representing Numotion against claims of strict product liability, negligence, fraud and deceptive trade practice claims related to Numotion’s marketing and allegations that Numotion failed to use pressure mapping to detect a potential issue in the seat sling of the plaintiff’s wheelchair. The plaintiff alleges breach of the standard of care occurred when a seat cushion was delivered without an assistive technology professional, eventually resulting in development of a pressure sore. Additionally, plaintiffs assert Numotion fraudulently concealed and misrepresented its capabilities to prevent these types of injuries and also engaged in related deceptive trade practices. The case settled favorably on the eve of trial in February 2024. Michael Bell and Haley Cox serve as the regional trial counsel for Terminix, overseeing a docket of over 60 active cases spanning the Southeast. These cases are centered around consumer fraud claims tied to Terminix’s termite control services, with each case involving claims alleging millions in damages.

     Beyond product liability, Jack Sharman, who attends to a white-collar practice, is representing a senior engineering executive in a rigorous federal criminal investigation conducted by the DoJ’s Environmental Crimes Section. This high-profile case involves a leading Japanese global manufacturer of combustion engines and focuses on alleged violations of EPA emissions standards, the integrity of emissions testing processes, and the potential use of prohibited "defeat devices" to manipulate performance outcomes in contravention of environmental regulations.

 

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.”

MoloLamken is a rare example of a litigation shop that has entrenched itself in three key geographic venues (New York, Washington, DC and Chicago) while remaining lean and nimble enough to qualify for “boutique” status. The firm’s name partners straddle the axis of trial and appellate counsel and maintain broad and diverse ranges of cases for an equally varied portfolio of clients. A peer offers in summation, “MoloLamken cover a lot of ground,” and further elaborates, “I’m actually seeing them doing a lot more plaintiff work!” Clients also offer glowing reviews. One raves, “Based on my experience, MoloLamken provided a comprehensive legal defense utilizing highly skilled attorneys with extensive experience and knowledge of the subject matter. They are highly professional lawyers who care about their clients and are highly motivated to achieve the best possible results for their clients.”

     New York’s Steven Molo, one of the firm’s founders, is considered “a visionary,” by peers, one of whom emphasizes, “He’s a trial lawyer! He goes to court more than many others on [Benchmark’s] list.” Molo and Washington, DC-based Eric Nitz represent plaintiffs in a misappropriation-of-trade-secrets case concerning an aircraft conversion program for the Boeing 777 jumbo jet. “Eric Nitz is extremely passionate about his work and thus his clients,” extols one such appreciative client. “He is extremely intelligent, knowledgeable, creative, and detailed oriented. And of course he is highly persistent to achieve the best possible outcome.” Molo led a team is serving as class trial counsel in a 10b-5 securities fraud stockholder class action against a company that transported oil developed from fracking in North Dakota to the coasts.  Shortly before trial, the class reached a settlement with the company’s officers and defendants for $14 million, nearly the entire remaining insurance policy balance.  The ensuing jury trial proceeded against one remaining defendant, and a favorable verdict was rendered in June 2022. Other members of this team included New York’s Sara Margolis and Robert Kry, who works from both the DC and New York offices. “Oh my God, Robert Kry is so good,” raves a peer. “You must recognize him!” Kry was lead appellate counsel seeking review of the dismissal of a securities fraud shareholder class action against Biogen and three of its executives. The allegations are that the defendants misrepresented the results of their clinical trial data for their Alzheimer’s drug by concealing portions of the data that showed that the drug was not in fact working. Upon the fraud being exposed, an advisory committee voted unanimously against the drug, and the company’s stock price plummeted, causing investors over one billion dollars in damages. In October 2023, the court of appeals reversed an earlier unfavorable decision and reinstated the plaintiffs’ claims in part. 

     Jeffrey Lamken, in the firm’s DC office, is an appellate specialist. A client cheers his “excellent writing and strong skills in oral presentation.” A DC peer quips, “Jeff is so known for IP appeals cases that I think he’s developed a real niche in that world. God help you if you want a Supreme Court case out of the Federal Circuit because I’m sure Jeff is going to go after it and most likely get it.” Although intellectual property might be a particular substantive area of concentration, Lamken represented The Humane Society of the United States before the Supreme Court in a successful defense of California’s Proposition 12 (drafted by the client in 2018), which forbids the sale within California of pork that comes from pigs housed in certain extreme conditions of confinement, against a constitutional challenge from pork industry groups.

     MoloLamken continues to enrich its talent ranks beneath the more senior name partners. New York’s Justin Ellis earns commendations from his peers, one of whom testifies, “I have partnered with Justin in a series of whistleblower complaints regarding fraudulent commercial mortgage-backed securities. [He’s an] excellent, hard-working attorney with a keen intellect and deep knowledge of the substantive area of work, namely securities litigation.” New York’s Ben Quarmby balances commercial and IP matters and is similarly championed by contemporaries. “I’m seeing Ben more and more, he’s doing really well in this space,” confirms one peer. A client buttresses this assessment: “Ben Quarmby is very clear and very reactive. He knows his subject perfectly.

 

Situated strategically in New York City, Morvillo Abramowitz Grand Iason & Anello has built a premier white-collar crime and investigations practice recognized nationwide as the “go-to” for both domestic and international clients. Its esteemed white-collar practice is complemented by capability in commercial and securities litigation, largely involving executives and cutting-edge issues, as well as employment-related litigation and high-profile and sensitive investigations. Former co-counsel and clients alike have praised its lawyers’ expertise and professionalism in and out of the court room. “They familiarize themselves deeply with the case and are always familiar with the details,” testifies a client. “They clearly address the challenges of the case; they clarify the legal situation; they are convincing in their strategy of approach; they know the strengths and weaknesses of a case; the pleadings are clear and persuasive; the views of the other side and the court are always present; they are quick when necessary; they have been successful in all cases so far, and there have been no surprising court decisions so far.” Another enthuses, “The Morvillo team is very down to earth and knowledgeable. They served an invaluable guide in navigating the opaque legal system while being business friendly and efficient. Their experience and legal knowledge significantly reduced my anxiety and stress on the legal side, but as importantly their compassion and understanding were even more valuable for me and my family.  They were always promptly available weekdays or weekends, regular or after hours.”
     Considering how sensitive the issues are that the firm deals with, many of its engagements are unsurprisingly of a confidential nature. However, certain appointments are not only public but very high-profile. This year, Elkan Abramowitz and Richard Albert represented of the former CEO of American Media, publisher of the National Enquirer, in connection with high-profile investigations relating to the Michael Cohen and Donald Trump prosecutions. The Morvillo pair obtained immunity for the client and prepared him for grand jury and trial testimony, including a week of trial testimony in the criminal trial in New York State centering on allegations relating to alleged hush-money payments to adult film star Stormy Daniels. Robert Radick and Christopher Harwood lead the representation of a tech startup company and its CEO in connection with claims filed in New York Supreme Court by a former officer based on his termination and the forfeiture of his equity. The duo uccessfully litigated a motion to compel arbitration of the dispute, and currently representing the company and two of its executives, including its CEO, in the arbitration. Radick is championed by a client as “balanced, knowledgeable, realistic, smart, understanding and efficient.” About Harwood, a client raves “He is an outstanding personality who is always very convincing and can enter into a discussion at any time. He speaks very clearly, and his pleadings are clear and logically structured. It doesn't get any better than that. His presentation and his reactions in court are outstanding, always excellently prepared. He always addresses risks clearly. Telemachus “Tim” Kasulis, whose practice follows a similar trajectory as Harwood’s (the duo is humorously referred to as “The Fraud Twins”) is given a similarly glowing review by a client. “He is, above all, an excellent listener, a compassionate person, who understands the human nature of his clients and their family and deeply cares about them and the situation they are in. He is extremely smart, knowledgeable and very effective communicator.  His years of experience as a prosecutor gives him a unique perspective. Tim has been there for me, weekdays, weekends, regular or after hours.  My wife has incredible respect for Tim and his qualities.” Brian Jacobs, another young partner at the firm who has made great strides of late, is also involved in several securities-fraud cases. A client cheers Jacobs as “an extremely intelligent and thoughtful attorney,” and goes on to testify, “He has a deep knowledge of criminal law and is a go-to practitioner, particularly for criminal appellate work. Brian also possesses excellent judgment, is highly reliable, and is a pleasure to work with.” Karen King is addressed by a client as “a masterful strategist, [with] great communication, great research, team- and resource-management, great argument skills and writing. [She is] Great at managing client expectations and directing her team for seamless, flawless execution.”

 

In over 125 years of existence, Nelson Mullins Riley & Scarborough has grown beyond its humble South Carolina roots to enjoy nationwide acclaim. While still a regional powerhouse with offices in major markets like Atlanta, the Carolinas, and Florida, the firm also has locations on both the East and the West Coasts. 

Michael Brown is recognized nationally as a Top 100 Trial Lawyer and leading practitioner in product liability and insurance defense. He has been described as a “formidable” opponent who most recently defended Johnson & Johnson against a series of personal injury product liability claims. Brown defended J&J in a case that went before a jury in Oakland, California. The plaintiff alleged that he had developed mesothelioma from asbestos exposure while using J&J’s baby powder. The plaintiff sued J&J for $500 million and was awarded $18.8 million. The case is still under appeal.  

Baltimore’s Michael Blumenfeld specializes in commercial litigation, representing businesses of all sizes in disputes related to contracts, torts, employment, and product liability. Currently he is representing a family in an alleged negligence and wrongful death of an individual, who was making a delivery on their property. The parties are engaged in discovery and have a trial set for 2024.  

Matt Sturtz, who also works in the Baltimore office, focuses his practice on construction, bankruptcy, and real estate litigation. He is the lead representative for the estate of Preston Ayars, Jr. in a contract dispute for the failure to close on a $5 million real estate transaction. 

David Dukes, who is domiciled in the Columbia, South Carolina office, also holds the prestigious Top 100 Trial Lawyer status. He is known for his product liability practice and is serving as co-lead trial counsel with Marc Williams on behalf of Johnson & Johnson. 

Appellate and product liability partner Marc Williams, of the Huntington, West Virginia office, presided as lead counsel for Johnson & Johnson before the West Virginia Mass Litigation Panel regarding claims filed by hospitals against opioid manufacturers. The cases allege that infants born to opioid-addicted mothers were exposed to opioids in the womb that resulted in developmental injuries. Williams argued the motion to dismiss these cases, which was granted by the West Virginia Mass Litigation Panel. The dismissals are under appeal.  

Robert Massie handles high risk cases in West Virginia often involving wrongful death and injuries. He led the appeal of a wrongful death verdict for the client, Speedway, LLC. In that case, an employee of Speedway took drugs while on duty and became impaired. The employee left work and fell asleep while driving and fatally struck a motorcyclist. The jury returned a verdict against Speedway assessing damages of over $2 million and a second jury returned a verdict of more than $5 million.

On appeal, Massie handled the oral argument. In a unanimous opinion the court held that the trial court incorrectly submitted the case to the jury, determining that it was irrelevant that Speedway should have known that the employee was impaired as Speedway did not cause the impairment.

Mark Raymond is a litigation star out of the Miami, Florida office. His practice of more than 35 years includes complex commercial and probate litigation. He serves as the co-chair of the firm’s Securities and Corporate Governance Litigation Group and advises the Boards of Directors and General Counsel of leading companies as well as prominent Trustees.

Operating out of a single office in Manhattan, Patterson Belknap elicits resounding praise from a vocal contingent of peers and clients, the likes of which are usually reserved for a national firm. “We think very highly of them,” opines one peer, summing up the general consensus. “They are not showy or flashy, they are just solid all across the board. We could use more like them.” A client extrapolates on the firm’s overall approach through a glowing accolade: “They bring a potent combination of transactional and litigation expertise to the table to help clients achieve their objectives. Building on their knowledge of deal documents and judicial decisions, they are great strategists and excellent writers. They tell their client candidly when it has a weak position, rather than engaging in undue optimism.” The firm’s practice offering covers a diverse spectrum, spanning commercial matters, white-collar crime, antitrust, intellectual property, securities and false advertising claims, an area in which the firm is said to be one of the few major players. The firm’s hybrid model also affords it the freedom to take on cases in the plaintiff and defense roles. Patterson Belknap has also made headlines as of late for matters involving a more novel nature. 

     The firm, and namely Barbara Mullin, has been at the forefront of patent litigation as of late, with a series of Hatch-Waxman engagements for Janssen Pharmaceuticals, on which Mullin was lead trial counsel. She scored big for this client in a set of three consolidated actions against Mylan and is currently leading other cases against several other generic drug manufacturers. Peter Tomlinson led a team that secured a significant victory on behalf of the Baldwin County Bridge Company when a judge granted injunctive relief against the Director of the Alabama Department of Transportation due to alleged bad-faith conduct on the Director’s part. Josh Goldberg represents Johnson & Johnson and its subsidiary Ethicon in a multi-billion-dollar litigation concerning Johnson & Johnson’s acquisition of the robotic-assisted surgical device manufacturer Auris Health. The allegations, filed by the entity representing former shareholders of the acquired company, took issue with the contingency payments that were to be made if certain FDA clearance and sales milestones were hit. Said milestones were not hit. The case proceeded to trial in January 2024. Geoffrey Potter leads the charge on an anti-counterfeiting crusade for Gilead, taking to task over 100 defendants, including pharmaceutical distributors and pharmacies, who are alleged to be part of an international counterfeiting ring that trafficked counterfeits of Gilead-branded HIV medication throughout the US, putting patients at risk. The counterfeits included bottles of Gilead-branded HIV medication that actually contained entirely different medication inside, such as high-dose antipsychotics. The counterfeiting ring also trafficked Gilead-branded bottles with counterfeit patient instructions and counterfeit chain-of-custody documentation that fraudulently claimed that the bottles were sold through authorized channels. Patterson Belknap is also one of the few New York firms to have cornered the market on the false advertising niche, primarily through Steve Zalesin, a universally lauded partner in this capacity. Zalesin represents household names such as Johnson & Johnson, Coca-Cola and Hershey in numerous actions concerning a multitude of products.

 

Initially headquartered in Seattle and still considered a dominant force in that city’s legal community, Perkins Coie is unique in its ambitious strategic expansion. Its West Coast origins have enabled to establish a considerable footprint in the western half of the US as well as in Asia, specifically China and Taiwan. Perkins Coie is also somewhat unique in its distribution of litigation talent; rather than clustered in one specific city or metropolis, the firm has stars in a variety of disciplines throughout its offices in more recently developed offices such as Madison, Wisconsin and Anchorage, Alaska. One peer notes, “Perkins Coie is still the big brand name in Seattle – they get all the Boeing work! – but some of their best litigators are actually spread throughout its other far-flung offices.”
     Perkins Coie scored a considerable coup, and immediately established a burgeoning New York presence, with the recent absorption of the entire litigation team of the former Richards Kibbe & Orbe firm when that firm decided to divest itself of its litigation practice in 2020. In doing so, Perkins Coie also received a significant augmentation to its securities and white-collar operations on the East Coast. Lee Richards, a seasoned star in this capacity, is revered by all peers in the white-collar and enforcement field who are familiar with him. Richards remains an active force in this field, with several high-level appointments to his credit in just the past year alone. He represented Liberty Health Sciences in a securities class action alleging that Liberty made materially false and misleading statements about certain of its policies. In March 2020, the court granted Liberty’s motion for leave to file a motion to dismiss the class-action complaint. Richards is also counsel for the former director of CBS, Charles Gifford, in a federal class action against CBS and various officers and directors alleging violations of the securities laws related to #MeToo allegations against former CBS CEO Les Moonves and other CBS employees. The motion to dismiss filed by Gifford and the other director defendants was granted in January 2020. Richards also represents ICAP in a settlement with US and UK regulators over its alleged role in Yen LIBOR rate manipulation. Another former Richards Kibbe partner, Shari Brandt, acts on this particular matter. Brandt, a consistently recognized nominee in Benchmark’s Top 250 Women in Litigation over the past several years, is also counsel to a (confidential) company as well as to former senior executives involved in a federal class action alleging antitrust violations arising out of a claimed conspiracy among bank defendants to stymie the growth of open access markets for interest rate swaps on swap execution facilities following implementation of the Dodd-Frank Act. Other former Richards Kibbe stars acquired include James Walker and Daniel Zinman.
     Beyond its recent buildout in securities and white-collar, Perkins Coie has also established itself as one of the leaders in insurance coverage cases, particularly through its DC office where Selena Linde is a noted standout. A peer observes, “Shadow insurance suits are becoming a real phenomenon, and Perkins Coie is really becoming a leader in this space, on the plaintiff side.” The firm is also a noted contender in the intellectual property arena. A peer in this space confirms, “We recently tried a really hard case against David Anstaett, who is kind of Mylan’s trusted counsel. It was a three-ring circus, all remote, with witnesses all over the world. We won, but Dave is a very skilled lawyer who managed the case very effectively.”

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. 

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, 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, in accordance with the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA.) 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. This long-running and sprawling action involves a team of Proskauer attorneys from numerous offices, including Boston’s Timothy Mungovan, New York’s Martin Bienenstock and Margaret Dale, and Los Angeles’ Michael Firestein, all of whom have played substantial roles in the manifold turns of action in this matter since its beginnings. 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. Mungovan, the firm’s Chair and immediate past head of litigation, has developed a vocal peer following. One extols, “I think he’s superb. He’s not just a figurehead – the guy is a seriously good lawyer, absolutely dynamite.”
      LA’s Bart Williams, not only one of the firm’s most celebrated trial lawyers but also the country’s, has been at the forefront of several milestone matters every year, with this one being no exception. “Bart is the driver of Proskauer’s litigation practice in LA,” insists a local peer. “His practice is just so spectacular, and what he says is very important.” Williams acted with LA’s Susan Gutierrez as trial counsel for Gilead Sciences, securing a landmark win in a $3.6 billion antitrust case on allegations that the pharmaceutical company struck an anticompetitive "pay-for-delay" patent settlement related to two of its HIV medications. In July 2023, a San Francisco jury delivered a full defense verdict following a six-week trial. Williams, along with swiftly rising New York star Lee Popkin, was also trial counsel for Monsanto in a jury trial that was scheduled to commence in March 2023 in San Francisco. The case was brought by an alleged former user of the Monsanto herbicide Roundup and his wife, who claimed that Roundup caused him to develop non-Hodgkin's Lymphoma. The matter settled favorably for the client on the eve of the trial. LA’s Shawn Ledingham, a future star with a burgeoning following, was also part of the team. “I think the world of him,” opines a peer, confiding, “I wish I could hire him! I think he’s going to be heard about in national cases in another five years.” Another LA-based future star, Vinay Kohli, a healthcare-focused partner, is cheered by a peer as “so underrated – more people need to be talking about him, including Benchmark!”
     Proskauer has been particularly active, and successful, in the antitrust capacity as of late. Chris Ondeck, co-head of the firm’s antitrust group and co-head of its DC office, scored big for Wayne Farms when, after nearly seven years of litigation, he secured a complete victory at summary judgment in the broiler chicken litigation, in which plaintiffs alleged that the top 21 chicken producers in the US, including the client, unlawfully agreed to work together to reduce the supply of chicken over a 10-year period as part of a two-hub conspiracy. Plaintiffs claimed damages valued at $45 billion in total. Wayne Farms is one of a small group of defendants that has not settled any part of the case, and instead proceeded to summary judgment. In June 2023, the court granted summary judgment in favor of Wayne Farms and six other defendants, with one additional defendant (who, while being represented by another firm, was not granted summary judgment) is scheduled to proceed to trial in September 2023. Ondeck also led a team that included Ledingham and two other antitrust partners, DC’s Colin Kass and LA’s Colin Cabral, to secure a landmark victory for Sanderson Farms against the same allegations. The Proskauer team defeated a damages claim totaling more than $7 billion, which, had the jury ruled against Sanderson, would have been automatically trebled.
     New York’s Brad Ruskin remains as active as ever in matters concerning the firm’s famed sports practice, with a carousel of cases on the go for various athletic leagues and associations. Ruskinis defending Major League Soccer (MLS) against a federal 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 U.S. Soccer are engaged in an antitrust conspiracy to ensure that MLS is the sole Division I soccer league in the United States, and further alleges that MLS is an illegal monopoly. A trial has been scheduled for September 2024. Sandra Crawshaw-Sparks, who divides her time between New York and LA, helms another celebrated Proskauer pillar practice, entertainment litigation. Crawshaw-Sparks is defending Live Nation and Madonna in a class action alleging breach of contract and false advertising in connection with alleged late starts for shows in Madonna’s Celebration Tour.

 

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.

 

 

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.

 

Sanford Heisler Sharp continues to be a formidable opponent to management-side labor and employment litigators, even garnering their praises for the sophisticated and oftentimes complex cases. “I look at what they’re doing – I think that they bring a lot of really interesting cases – sets a tone for what the new issues are going to be,” declares an opposing peer. The firm has achieved widespread, national recognition in a variety of labor and employment regards, distinguishing itself across markets. As a plaintiff-side law firm, Sanford Heisler has organized a diverse and strategic network of offices, including New York, Maryland, DC, California, and Tennessee.

     While employment litigation is the firm’s primary focus, Sanford Heisler is also dedicated to representing victims of crime and civil rights offenses. Renowned trial lawyer recognized as a Top 50 Labor & Employment Litigator and chairman of the firm, David Sanford has been the lead lawyer representing the brother of murder victim, Hae Min Lee in his appeal of the Baltimore City circuit court’s decision to vacate the conviction of the alleged murderer. The case has received significant attention as the subject of both a 2014 podcast and an HBO documentary. Sanford and the team – comprised of Andrew Melzer, Kevin Sharp, and Jeremy Heisler, among others – challenged the hearing, contending that it violated Maryland’s statutory and constitutional crime victims’ rights, which would have afforded the family adequate notice and opportunity to participate in the proceedings. Sanford’s motion for full appeal was granted and the Appellate Court granted the team’s motion to remand the case to the circuit court, following a successful oral argument.

     Melzer and Heisler both practice out of the New York office. Melzer additionally represents plaintiffs alleging unlawful deductions from drivers’ tips, failure to provide adequate meal periods, and failure to pay for work performed during said periods. The lawsuit further alleges that the drivers were misclassified as independent contractors. Heisler worked alongside DC litigator Kate Mueting representing Donna Kassman as class representative in a lawsuit filed against KPMG. Mueting, serving as lead lawyer on the case, filed the action to remedy the company’s systemic discrimination related to pay, promotions, and pregnancy, and hold the company accountable for alleged failure to properly investigate and resolve complaints. Mueting and Heisler secured a $10 million settlement on the Equal Pay Act claims. Tennessee’s former Chief Judge Sharp and DC-based chairman of the firm, Sanford, are representing a class of former African American Deput US Marshals and Detention Enforcement Officers in their lawsuit against the US Marshals Service, asserting alleged race discrimination claims against the Service, including candidates who were not hired. The EEOC administrative judge approved and certified the class, and the team has been engaged in discovery since the 2017 order.

     In New York, Russell Kornblith leads a Title IX class action against Harvard on behalf of female students in the Anthropology Department. The case alleges claims of sexual harassment and retaliation. The duo prevailed against Harvard’s motion for summary judgment and motion to dismiss earlier this year. His casework `over the last year also includes an ERISA action filed individually and as a representative of a class of employees working at the consulting firm West Monroe Partners. Kornblith’s clients allege that the company and its executives used layoffs and other avenues to cash out shares of former employees in their ESOP. The case is active in litigation after he prevailed against the opposing counsel’s motion to dismiss. Alexandra Harwin has also taken action against 401(k) mismanagement, filing breach of fiduciary duty claims under ERISA on behalf of 200,000 UnitedHealth Group employees and plan participants. Harwin obtained class certification and a settlement conference is set to occur this year. On the employment side of her practice, she is lead counsel representing Graham Chase Robinson in a case against Robert De Niro and Canal Productions, his corporate entity. The lawsuit alleges claims of hostile work environment and retaliation. Harwin is actively gearing up for trial.

     New York’s Michael Palmer is leading the case on behalf Siddarth Breja, former Senior Vice President of JUUL, alleging whistleblower retaliation against the company after he complained about unlawful practices. Co-chair of the firm’s whistleblower and qui tam practice group H. Vincent McKnight provides strategic specialty knowledge and assistance on the case.

     Hailing from the San Francisco office, Danielle Fuschetti serves as the firm’s co-chair of the discrimination and harassment practice group. In that area, she is the lead lawyer representing an individual plaintiff against Xilinix, a pioneer in adaptive computing and leader in the semiconductor industry. The lawsuit alleges sex-based pay disparities, hostile work environment, and sex discrimination claims, in addition to alleged intellectual property theft of marketing materials. Fuschetti is actively litigating the case and seeks declaratory and injunctive relief, unjust enrichment damages in connection to the IP and trade secrets theft, which is estimated to be roughly $350 million, in addition to other damages and affirmative relief. In addition to discrimination claims, Fuschetti is also involved in 401(k) mismanagement litigation. She is a member of the team as class counsel and represents individual plaintiffs in an action against Walgreens. The plaintiffs, who are participants in Walgreen’s $10 billion 401(k) plan, alleged that the company failed to remove a set of ten target retirement date funds that underperformed in their investment benchmarks. Fuschetti obtained a settlement of $13.75 million. Currently, other cases on her docket are against large nationwide companies including JUUL and Oracle, both of which are actively being litigated. Fellow San Francisco litigator Felicia Gilbert successfully resolved a gender discrimination and retaliation lawsuit filed on behalf of a former engineer against tech giant Honeywell represented by a nationally recognized labor and employment-focused law firm. Baltimore’s Deborah Marcuse is recognized by Benchmark Litigation as a Top 50 Labor & Employment Litigator for her recent work.

With offices in New York and DC, Schulte Roth & Zabel is praised by peers for its “very high-quality” work, primarily in the financial services sector. The firm is noted for its novel mix of practice concentration, its cutting-edge client base and its approach to cases. “Schulte has really come to dominate in certain areas,” observes one peer. “They have always been a go-to for private equity and hedge funds, and now they have cornered the market in areas like cryptocurrency as well.” Cases in these areas are noted often for imposing “steep learning curves that demand a fast-moving and forward-leaning approach to litigating them effectively,” in the words of one peer, concluding “Schulte delivers.” Another notes, “You’ve got to understand – Schulte has a very different client base than a lot of big New York firms, and these are clients that are more willing to litigate hard and take gutsy positions.” The firm’s demonstrated strengths in the securities and white-collar areas have been prominently on display in a number of matters for a diverse spectrum of clients. A peer testifies, “I've worked with SRZ litigators on a variety of litigation matters over the years. Most recently, we've been looking at cross-border securities litigation matters. The partners there have a range of skills that range from litigation to structuring and tax.” Schulte is also actively growing its “next-generation” ranks; this past year it has brought on a new “young hot-shot” partner Julia Beskin from her former post at Quinn Emanuel.
     In addition to a vibrant general commercial and securities practice, New York’s Michael Swartz is the co-head of the firm’s litigation practice and has emerged as one of the foremost authorities on cryptocurrency litigation. This niche acumen was on display when Swartz logged a huge win for Pantera Capital, which purportedly established the first bitcoin fund in the US, in a battle with another top cryptocurrency investment fund manager, Polychain Capital. After Polychain learned that Pantera, a 5% owner of Polychain, had formed its own, competing Initial Coin Offering fund in the liquid altcoin space, Polychain reacted by amending its operating agreement to give it the ability to terminate Pantera’s ownership interest for cause on the ground that it competed with Polychain. Following a week-long hearing, Pantera prevailed in July 2022. In January 2023, the Chancery Court issued a final judgment that awarded Pantera all of its fees incurred in the Chancery Court action plus interest, amounting to more than $7 million. Swartz also (along with increasingly prominent future star Taleah Jennings) represents Eric Bischoff in two litigations concerning an ownership among the shareholders – all family relations of the client – of the Boar’s Head cold cuts company. “Michael Swartz is a go-to on ‘the Street’ for shareholder activist litigation,” testifies a peer. Also based in New York, Robert Ward represents Denver Wewatta, an affiliate in the LCN Capital Partners portfolio, in a dispute concerning a purchase agreement for a major commercial with an affiliate. Ward also represents Aero and its affiliates, who commenced litigation in Delaware Superior Court, raising contract claims arising out of a purchase agreement on behalf of affiliates of private equity firm Mill Point Capital against the seller of a company acquired by Mill Point’s Aero affiliates. Ward is championed by peers not only for his acumen but also his demeanor; one insists, “Bob Ward is not only a great litigator but also just one of the nicest. He stays calm, which, when you’re dealing with hard-fought New York commercial real estate matters, is not always easy to do.” Peers also insist, “You’ve got to look at William Gussman. He cut his teeth on M&A and does a lot of work with Cerberus, which may be Schulte’s biggest client. No one knows the rules and can create an advantage like Bill.”
     The firm’s white-collar and securities enforcement practice is commanded by Peter White and Charles Clark, both of whom operate out of New York as well as the firm’s smaller DC office. White and Clark represent Murchinson, a Canadian investment advisor and hedge fund, who bought additional shares issued by a distressed Greek shipping company and resold them to the market. Due to a high level of volatility in the value of these shares, shareholders brought three separate class actions against Murchinson before the Eastern District of New York, alleging fraud. In the wake of the suits, the Securities and Exchange Commission (SEC) also launched an investigation. The Schulte duo leads the client in all three class actions as well as the SEC investigation. White is also, on a pro bono basis, representing prominent Baltimore attorney Ken Ravenell, a near-unanimously revered criminal defense lawyer who has represented some of the city’s highest-profile defendants. Ravenell was arrested and charged following a years-long investigation by the government on allegations of racketeering and money laundering. Based in New York, Craig Warkol is recognized for his securities enforcement acumen. “He has been at the SEC and has been a US Attorney,” confirms one peer. “I consider him very experienced and talented, skilled and knowledgeable.”   

 

 

Founded in 2018 and operating out of a single location in New York, Selendy & Gay is a litigation boutique that spans well beyond the city’s borders and has generated buzz among fellow litigators from all corners of the country. This is undoubtedly due to the star power of its personnel; partners Philippe Selendy and Faith Gay were both “dynamos” at their former firm  Quinn Emanuel before decamping to forge what peers now address as “one of the most talked-about litigation shops.” The firm’s compact size and lack of bureaucracy allows it freedom to experiment with “cases that fall outside the boundaries of the ‘traditional’ cases that bigger firms deal with” as well as greater flexibility on rates. “They have been taking on some interesting work, like public interest cases, which they couldn’t have done before,” observes a peer.
     Gay, known for a diverse practice that combines commercial and white-collar matters, is representing a class of public servants in a sweeping federal class-action suit against the student loan servicer Navient for misleading borrowers as to their eligibility for Public Service Loan Forgiveness, a federal program adopted in 2007 to help bridge the gap between the cost of higher education requirements for public service positions and the lower salaries those positions offer. Since then, 28,000 public servants have applied under the program, but only 96 people have actually received loan forgiveness. Effectively, according to recently released data, 98% of borrowers who submitted applications for this program have been rejected since October 2017.

     Selendy, who generated celebrity status through his nearly uninterrupted series of eye-popping settlements with a “who’s who” of banks while at his former firm, has continued to enjoy a strong profile as a “creative and forward-thinking securities and commercial litigation star,” particularly on the plaintiff side of the “V.” Supporting this claim is Selendy’s prominence in the burgeoning cryptocurrency area, a field in which he  is engaged in several cases. In one, he represents National Public Finance Guarantee against eight major banks to hold them accountable for alleged inequitable conduct in Puerto Rico's municipal bond market, which  contributed to Puerto Rico's economic collapse. The clients, bond insurers that have been presented with, and fully honored, over a billion dollars in claims after the municipal debt underwritten by the banks became unsustainable on their terms for the Commonwealth and its agencies and they defaulted on their obligations. In another case, Selendy represents cryptocurrency investors in a putative class action alleging 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 an elaborate market-manipulation scheme that cost investors hundreds of billions of dollars. Working with the latter case with Selendy is Caitlin Halligan, an appellate star formerly with Gibson Dunn who peers view as a significant augmentation to the firm’s bench. Halligan handled an appeal in a lawsuit filed by a former New York police officer on behalf of hundreds of thousands of New York City public employees and retirees, alleging that health insurance company Group Health Incorporated violated New York’s consumer protection law by disseminating marketing materials that misrepresented critical aspects of out-of-network coverage. The New York Court of Appeals found in Halligan’s client’s favor, a significant victory for consumers. Halligan also, along with David Elsberg, represents the BVI Liquidator of the Fairfield Funds, the largest feeder funds into the Madoff Ponzi scheme, in prosecuting over 250 clawback actions in the Southern District of New York commenced against Funds’ redeemers, including many major financial institutions. The clawback actions, pending in the Bankruptcy Court, seek the return to the Funds of over $6 billion in overpaid redemptions. In December 2018, the Bankruptcy Court dismissed claims seeking restitution under BVI common law and contract theories. Halligan and Elsberg are in the process of appealing those decisions in the District Court for the Southern District of New York.

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.”

With 21 offices throughout the US, Europe and Asia, Skadden has long been a totem of excellence in the global legal community as a full-service one-stop shop. While its capabilities span a wide spectrum, litigation is a key pillar. “Skadden has so much deal flow,” observes a peer, “that an equally strong litigation bench is essential. [Skadden] certainly has that to spare.” Virtually all of the firm’s domestic offices house an ample grouping of litigation stars, with peers noting that Skadden has strategically doubled down on the Los Angeles market as of late. “LA is a dynamic market right now, and it is increasingly the tip of Skadden’s litigation spear.”
     The observation of the firm’s bench strength in LA can arguably be best exemplified by the recent hire of Manuel Cachán, who boasts a proven trial lawyer pedigree. “He was a ‘must-get’,” quips a peer. “Skadden really scored there. He’s going to be trying the biggest and most important cases.” While Cachán, who earned his stripes at revered LA boutique Munger Tolles as well as a stint at Proskauer, is a multifaceted business litigator, he has most recently minted himself a pole position in the product liability area. “People like Manuel and [New York-based trial star] Allison Brown, they go across the country and just try cases all the time,” testifies one peer and opponent. “They have some subject-matter expertise, which is a lot of product liability, but they can try anything. I just tried a case against Manuel, and he beat me!” The duo of Cachán and Brown led a multi-firm trial team to secure a landmark complete defense verdict on behalf of Monsanto concerning claims that its Roundup weed-killer product caused lymphoma. Brown also led a trial team that secured a unanimous defense verdict in March 2024 on behalf of Johnson & Johnson and Ethicon in a case alleging personal injuries resulting from two pelvic mesh medical devices and seeking millions of dollars in damages.
     Skadden is also known for its blue-ribbon securities practice, mainly operating from New York. Jay Kasner has long been a leading figure in this area and continues to be. A peer marvels, “Jay is still humming along strong! He still shows up and delivers the goods like someone half his age. I don’t know how he does it.” Perhaps more remarkably, Kasner has demonstrated his prowess with newer and more novel industries like cryptocurrency. He recently represented Coinbase, who was sued in March 2022 by plaintiffs who alleged that the client operates as an unregistered securities exchange because 79 digital assets traded on the platform are actually securities. The plaintiffs sought to rescind their transactions and to recover monetary damages, as well to force Coinbase to register as a national securities exchange or broker-dealer. In February 2023, the claims were dismissed in their entirety, with prejudice. While Kasner remains the firm’s most seasoned securities partner, others are quickly becoming the names of the next generation. Scott Musoff has become particularly prominent in terms of visibility and activity. “Scott Musoff is awesome,” extols a peer. “[He’s the] nicest guy in the world, easy to work with, and still relatively young.” The duo of Kasner and Musoff were enlisted to replace existing counsel representing theme park entity Six Flags and certain directors and offices, who were faced with a class action alleging the company and the defendant officers issued false and misleading statements concerning the progress and accounting for certain Six Flags-branded theme parks to be built in China. The Skadden pair triumphed for the client in June 2023. This same pair, along with LA partner Peter Morrison, is also representing Hawaiian Electric Industries and certain of its current and former officers in a putative securities class action filed in California, also concerning allegations of false and misleading statements. A peer insists, “Peter Morrison has really come into his own and is increasingly taking the lead.” Morrison, along with LA future star Winston Hsiao, successfully defended venture capital firm Tulco, along with its founder, in a federal securities class action. A New York team of Susan Saltzstein and Patrick Rideout scored on behalf of Johnson & Johnson in a case concerning a shareholder’s proposal that J&J's shareholders adopt a bylaw requiring individual arbitration of securities class actions against the company and its officers or directors. A peer explains on Saltzstein’s behalf, “I’m seeing a lot of new 10b-5s securities class actions that are alleging companies failed to disclose #MeToo issues at the management or executive level, issues with individuals that would clearly have a material impact on the company’s value. When these things go public and people demand scalps to be claimed, and those scalps are of the guys who publicly run the company…there are allegations of failure to have policies in place, proper compliance, etc. I know Susan Saltzstein had a bunch of these cases in the defense role. She is perfect for them.” Rideout has developed his own fan base as well. “If I had a bet-the-company case of any kind that had a likelihood of going to trial, that’s who I’d call,” insists a peer. “He is a problem solver and a no-nonsense litigator but has a sense of humanity to him that I find gets lost in a lot of those large, complex cases of the type that he gets involved in.”
     Skadden has seen an increased level of activity in other areas as well. New York’s Timothy Nelson and Julie Bedard, who works out of the firm’s New York and São Paulo offices, are noted standouts. Both are experienced and active with tribunal matters such as ICC and ICSID. The firm also scored a key recruit in the antitrust arena, James Fredericks, who joined the DC office after decades acting as a prosecutor with the DoJ. A peer in this capacity advises, “Look into him! He’s only been with the firm about four weeks so far [as of spring 2024] but this is a major feather in Skadden’s cap.”

Sullivan & Cromwell boasts a pedigree as one of the most revered legal brands on the global stage. A towering full-service firm, with concentration on the East and West Coasts through its offices in New York, Washington DC and two offices in California – Palo Alto and Los Angeles. While its offerings extend beyond litigation, Sullivan & Cromwell’s dispute-resolution depth and acuity is called into service by some of the firm’s biggest blue-chip clients. “When people talk about law firms to someone who’s not a lawyer, often they will just randomly throw out ‘Sullivan & Cromwell’ as an example because the name carries that much weight, like Coca-Cola or Apple,” marvels one peer. “We should all be so lucky.” Speaking to the firm’s A-list client base, another peer quips, “Goldman Sachs has them on speed-dial. S&C has that premium work on lockdown.”
     Supporting this assertion, Sullivan & Cromwell scored a win for this client in August 2023 when the Second Circuit Appeals Court reversed the certification of a class of Goldman Sachs shareholders in a case dating back to the 2008 financial crisis and alleged conflicts of interests in Goldman Sachs investment vehicles relating to subprime mortgages. Plaintiffs claimed that those alleged conflicts contradicted generic statements made by Goldman Sachs about its corporate principles and conflicts management procedures, which had supposedly inflated the price of Goldman Sachs stock. Robert Giuffra, a mainstay of the New York office, provided lead counsel. “Bob Giuffra is high-energy and fast, but savvy” observes a peer. “He knows when to try a case and he also knows how and when to pull back. I’ve seen judges get stunned by his courtroom abilities – like, who has this much stamina? So you almost get thrown off guard when you see how measured and reasonable he is. Maybe it’s a tactic – if so, it works.”
     In what is perhaps the firm’s most high-profile engagement of the past year, a team led by James Bromley(and also including Jacob Croke) is leading efforts at FTX, as Chapter 11 debtor, to investigate the events that led to the company’s embattled crypto entity’s collapse, assist government authorities in their probes and organize hundreds of potential litigations to recover assets. To date, the firm team has helped identify and recover $7.4 billion in liquid assets for FTX and has identified other potential claims that FTX could bring. This appointment is remarkable not only due to the highly scrutinized nature of the client and the claims involved, but also more generally due to the firm’s pronounced elevation in the bankruptcy practice. “Ten years ago, even five years ago, Sullivan & Cromwell was not known for bankruptcy, and they didn’t seem like they wanted to be,” asserts a peer, “but wow, now they are on the bankruptcy map in a big way. After that, I expect there will be more [work for the firm.]”
     Sharon Nelles is another multifaceted brand-name New York partner who generates near-unanimous accolades. “Sharon is pretty universally loved, and for good reason,” states one appreciative peer. “Great personality, no ego. Although her demeanor is almost the opposite of Bob Giuffra – she seems so relaxed and easygoing that I think it takes people off guard when they see how ready for the fight she is.” Nelles won the dismissal with prejudice of all claims in a putative securities class action brought against Cronos Group and several of its executives by plaintiffs who alleged that Cronos’s public statements concerning its revenues and accounting compliance were fraudulent. Anne Marie Ostrager straddles white-collar criminal work and employment defense work. Ostrager represented JPMorgan in obtaining the dismissal, affirmed on appeal, of a lawsuit alleging state securities and common law claims in connection with a syndicated loan arranged by a group of banks led by JPMorgan for Millennium Laboratories. In August 2023, the Second Circuit ruled for the banks across the board, unanimously dismissing plaintiff's state law securities claims, concluding securities laws didn’t apply to the syndicated loan transaction, and in a separate summary order, dismissing all common law claims.
     Sullivan & Cromwell has also been making notable advancements in the intellectual property space. Patent star Garrard Beeney acted with Dustin Guzior in representation of Columbia University in securing a unanimous verdict in its favor in a two-week patent infringement jury trial against NortonLifeLock in the Eastern District of Virginia. Beeney also acted with Marc DeLeeuw in representing Ocado Group. The pair secured a December 2021 trial win before the Chief Administrative Law Judge of the ITC in a patent dispute with its competitor, Autostore. In March 2022, the Commission unanimously affirmed Ocado's victory at trial and terminated the investigation in its entirety. In June 2022, Ocado scored another win against AutoStore, convincing a panel of the Patent Trial and Appeal Board to invalidate three of four claims of AutoStore’s patent that was at issue in the earlier ITC investigation.

     Beyond the firm’s blue-ribbon New York financial-institution focus, other offices and practices have been equally robust. Renata Hesse is the co-head of the firm’s antitrust group, working out of both its DC and Palo Alto offices. Hesse has been especially active the healthcare space as of late. She advised long-time client Amgen in relation to its $27.8 billion acquisition of Horizon Therapeutics, and also advised Seagen on its $43 billion merger with Pfizer.

 

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 Bhatia secured 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.”

 

A full-service law firm, Thompson Hine is equipped with a team of litigators routinely sought out by clients to handle their most complex product liability and business disputes. The firm has offices in Los Angeles, Georgia, Illinois, Washington DC, and New York, along with multiple offices in Ohio. A client describes the firm’s bench of litigators as “subject-matter experts who provide extremely responsive communication, client services, and trial advocacy.”

That same client also shares praise for Atlanta-based partner Marla Butler. “Marla is a superb strategist and partner to our company,” notes the client. “She and her team work harder, smarter, and more efficiently than most other firms I deal with. Marla has a mastery of IP law and related issues, and she is a delight to deal with. Marla is humble, open to creative ways of solving problems, and is an authentically terrific person.”

Cleveland-based product liability specialist Elizabeth ‘Missy’ Wright is national counsel for a major manufacturer across the country. Timothy Coughlin is a fellow Cleveland partner who chairs the mass & toxic tort group and leads the chemical industry group. In a recent case, he was called upon to use his industry knowledge in developing expert opinions. He is the lead trial counsel for several chemical companies.

William Hubbard focuses on the construction industry, representing a wide variety of clients including owners, contractors, architects, engineers, and construction managers. His practice includes representing property owners in mass-tort and class-action litigation, as well as litigation involving allegations of exposure to chemicals or environmental contamination.

Dayton-based Christine Haaker serves as the vice-chair of the group for the office. Haaker has served as defense counsel to several high-profile entities in numerous business disputes. Anthony White serves on the Executive Committee while maintaining a practice involving class actions, most notably on behalf of a freight transportation company. He has recently been named the firm’s managing partner.

In the group’s DC office, Eric Heyer has emerged as one of the office’s leading litigators with expertise in the growing nicotine vaping industry. He has petitions pending before the US Supreme Court. Heyer advises clients on compliance and enforcement issues, contractual and transactional matters, and intellectual property issues.

Scott Young advises employers on labor and employment law, counseling on claims of employment discrimination, wrongful discharge, harassment, whistleblower retaliation, non-compete agreements, and breach of contracts. He is the lead attorney defending AEP Generation Resources, an electric-power company in a complaint by plaintiffs alleging negligence over an alleged defective forklift.

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 to 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.

William Savitt, one of the firm’s most celebrated and universally revered partners (he was perhaps the youngest partner to score a “Hall of Fame” award at the Benchmark Litigation awards in 2022), continues to sustain a record-breaking streak of milestone litigation work, particularly in Delaware. Savitt led a team (which also included Sarah Eddy, Ryan McLeod and Anitha Reddy) which was engaged by Twitter in June 2022 to enforce its $44 billion merger agreement with Elon Musk. After the Wachtell team secured a steady stream of pre-trial wins, Musk unconditionally reversed course, and the deal closed in October 2022 on its originally agreed terms. “That was the most comprehensive corporate trial of the year,” ventures a peer, “and it ended in complete capitulation for Elon.” Further burnishing his unassailable reputation for courtroom acuity, Savitt, along with Eddy, triumphed on appeal for Boardwalk Pipeline Partners, the defendant in a Delaware corporate dispute that had been soundly beaten at trial in late 2021, with an eye-popping judgment of $700 million logged against it. Savitt and Eddy scored a stunning reversal upon appeal in December 2022, wiping the record-breaking decision off the books entirely. “This was the largest class action ever in Delaware,” asserts a peer. “The Wachtell team were litigating as much against the trial judge as they were the lawyers on the other side. They were able to pick their way through the facts and present a challenging legal argument.” Although younger, both Reddy and Eddy have their own admirers in the litigation community. “These are the future leaders of their fiduciary duty and corporate governance practice,” declares a peer. Reddy has “tremendous ability with clients and is taking on more cases as first chair,” and Eddy “rose to be Chief of Appeals, which is a big deal. She has really emerged as one of Wachtell’s top-flight civil litigators, and she can write great appellate briefs.”

 

Elaine Golin leads a team representing Cardinal Health in the corporate governance capacity, regarding its litigation exposure resulting from the opioid epidemic, which has threatened many entities in the pharmaceutical distribution industry with bankruptcy. Golin and her team managed a complex derivative and class-action docket and then engineered an unprecedented and innovative global resolution for the entire industry with a coalition of state attorneys general. The settlement promises to put the vast bulk of litigation risk behind the industry, likely saving several companies from bankruptcy, while guaranteeing settlement payments for those affected by the opioid crisis. A peer marvels, “The way they not only won, but shepherded this for the entire sector, was unbelievable!” A team consisting of Savitt, Eddy and Jonathan Moses – another Wachtell mainstay – represented Brad Pitt in his dispute with Angelina Jolie concerning their rosé wine-producing entity, acting on matters stemming from Europe as well as domestically.

 

 

Operating two offices in Denver and St. Louis, Wheeler Trigg & O’Donnell is recognized for having an established footprint in the Midwest. The firm hosts a number of highly skilled litigators skilled in a number of complex civil and commercial matters. Managing Partner Carolyn Fairless, one of Benchmark’s Top 250 Women in Litigation, won a complete defense jury verdict for a leading auto parts maker in federal court in Kentucky in a nine-year-old breach of contract claim brought by a sub-subcontractor—a third-party beneficiary to the contract in question. The suit alleged the client’s termination of the contract entitled the plaintiff to millions of dollars in damages and penalty payments per the terms of the agreement. The firm was hired just six months prior to the trial, which the Court had twice dismissed in separate rulings, only to see the plaintiff successfully appeal to the Sixth Circuit. After the firm’s intervention, a successful defense verdict was rendered. John Fitzpatrick is highly regarded for his mass tort practice. Fitzpatrick served as lead counsel for Intermountain Power in highly complex litigation, successfully negotiating a settlement on favorable terms for his client concerning a consortium of 18 dairy farmers who alleged that stray electricity from the client’s power system depressed dairy herd production in excess of $1 billion in damages. Firm president Hugh Gottschalk successfully represented IBM in a Denver court in a dispute involving tax assessments by the City of Golden, with the court invalidating previous penalties levied against the company. Habib Nasrullah is lead counsel to long-time client McKesson, the largest pharmaceutical distributor in North America. The firm was hired as national settlement counsel to handle all litigation involving its subsidiary Northstar Rx and its chemotherapy drug Taxotere. The cases were consolidated in federal multidistrict litigation in New Orleans, and Nasrullah was able to prove Northstar Rx was not liable for the alleged damages, and plaintiffs voluntarily dismissed the subsidiary without any payment by the client. Michael O’Donnell is lead counsel to Skyjack, who hired the firm to take over its entire portfolio of U.S. product liability litigation including over 20 active matters with the vast majority involving claims resulting from lift accidents. The firm has resolved most of the original portfolio and is handling all of Skyjack’s new cases going forward. High-stakes litigator Theresa Wardon Benz obtained a complete defense verdict for client Michelin in a product liability lawsuit that received national attention. Michael Williams currently represents Whirlpol in a multistate consumer class action lawsuit involving allegations of defective dryers. A new addition to this year’s list is Kathryn Reilly, who focuses her practice on complex commercial and antitrust litigation. Among her current matters, Reilly is representing clients in a federal class action lawsuit involving alleged collusion to keep au pair wages artificially low.

While it operates from offices in Washington, DC, New York, and Los Angeles, Wilkinson Stekloff remains the essence of “litigation boutique.” More specifically, a litigation boutique with a uniquely pronounced emphasis on high-end trial work. Formed in 2016 by veteran DC trial celebrity Beth Wilkinson upon her departure from Paul Weiss, Wilkinson Stekloff has been arguably the most buzz-worthy of law firms, and the appearance of Wilkinson and other firm partners at the forefront of a series of high-stakes trials has more than justified the hype. Wilkinson’s long-held position in the coveted Top 100 Trial Lawyers list remains secure in this edition of Benchmark; she is referenced by other members of that list as an equal on a near-unanimous basis. The firm is a big hit with the clients it serves. “Wilkinson is a truly elite litigation and trial law firm, capable of handling our most critical disputes, both at the trial and appellate level,” testifies one. “They are a law firm that you go to when you absolutely must win. They are strategic, pragmatic, and incredibly responsive. They are terrific across all dimensions of litigation and trial needs.” Another raves, “Wilkinson is second to none in litigation strategy and trial performance.  Their lawyers are brilliant, hard driving, creative and truly excellent in a courtroom. I would probably not hire them for routine or low-value litigation, not because they wouldn't do a terrific job, but it would be overkill, like bringing a nuclear weapon to a knife fight.”  While Wilkinson’s celebrity is unquestioned and near unanimous among peers, it is also noted that others at the firm have ascended to esteemed positions of their own. “Beth has set up a very focused system that functions extremely well,” observes one contemporary.
     Wilkinson and Rakesh Kilaru acted for Microsoft after the Federal Trade Commission filed an administrative complaint in December 2022 to block Microsoft’s proposed $68.7 billion acquisition of Activision Blizzard, the largest acquisition in Microsoft’s history. The deal wound up closing after the Wilkinson team declared victory at trial. This landmark and decisive win, which was celebrated as one of the premier “Impact Cases” at the Benchmark 2024 awards ceremony, is still being challenged by the FTC through administrative proceedings. Kilaru is cheered by a client as an example of the “system” alluded to earlier. “Rakesh is a gifted trial and appellate lawyer and deep thinker. He is strategic, adaptable and invariably provides concise, creative and sound advice. He is one of the smartest lawyers I've ever worked with and is probably my first phone call when I have a challenging question. Rakesh has a multi-tool arsenal, and equally skilled at trial, on appeal, and on challenging economic analysis.  He is also one of the nicest and easiest people to work with on a daily basis and through challenging times. He is an excellent mentor to his team and leads by example. Beyond cloning himself, I can't think of anything he could do better.” Kilaru, Wilkinson and Brian Stekloff represent the NFL, its 32 member teams, and NFL Enterprises in a certified class-action lawsuit. Plaintiffs’ antitrust claims challenge the NFL’s multibillion-dollar exclusive distributorship arrangement with DIRECTV for Sunday Ticket and the business arrangements whereby the NFL teams collectively license broadcast rights to NFL games. This same team, along with Moira Penza, represent Altria Group and certain of its subsidiaries in multiple cases arising out of Altria’s minority investment in vaping entity Juul Labs. Stekloff continues to serve as national trial counsel for Monsanto in federal litigation arising out of claims that its popular herbicide Roundup causes non-Hodgkin lymphoma. “Brian can do some of the best crosses I’ve ever seen,” raves a contemporary. “He’s so talented and so likeable.” In another Monsanto-related matter, Cali Arat served as trial counsel in a first-of-its-kind case to go to trial, involving claims that both exposure to the herbicide Roundup from at-home use and exposure to PCBs through the food chain independently and together caused the plaintiff’s non-Hodgkin lymphoma.

From its sole office in Washington, DC, Williams & Connolly generates national-level recognition and prestige – arguably the only single-office firm in DC to do so. The firm also stands out in the variety of litigation services on offer, with star partners in nearly every capacity, including but not limited to commercial, securities, product liability, white-collar crime, intellectual property, antitrust, appellate, and even an increasing presence in the international arbitration space. Perhaps more impressive still is the firm’s dedication to, and recognition for, trials. “Day in, day out, Williams & Connolly just does great trial work,” offers one peer in summation. Indeed, the firm has a remarkable five candidates on Benchmark’s Top 100 Trial Lawyer list.

One such trial star, Heidi Hubbard, generates considerable acclaim across the board, particularly, but certainly not exclusively, from the product liability capacity. “We just love her,” extols one fellow Top 100 Trial Lawyer. “She had a recent reverse-payment win, which are so complicated and don’t go to trial very often. She has Amazon. [She is] Lovely to work with and super smart.” The alluded-to matter found Hubbard, along with Benjamin Greenblum, logging a July 2022 trial victory on behalf of Endo Pharmaceuticals in an alleged reverse-payment antitrust class action in which plaintiffs claimed billions in damages. The three-week trial adjudicated claims of class plaintiffs challenging a patent settlement. Plaintiffs alleged the settlement unreasonably delayed the entry of Impax’s generic version of Opana ER and sought more than $5 billion in treble damages. After less than three hours of deliberation, and despite the fact that co-defendant Impax settled for $265 million three days into the trial, the jury returned a verdict in Endo’s favor.

 
Another Top 100 Trial Lawyer, Enu Mainigi continues to serve as lead and national counsel for Cardinal Health in all things opioids, including civil litigation, Attorney General litigation and investigations, Congressional investigations, and other matters relating to the company’s distribution of opioid medications, and secured multiple landmark victories on behalf of the company over the past year. She secured a complete defense victory for the client in a federal bench trial in West Virginia. In July 2022, the court ruled in favor of the client, rejecting the plaintiffs’ contention that the distributors’ actions constituted a public nuisance and ruling that the distributors substantially complied with their duties to report suspicious opioid orders, and held that plaintiffs failed to prove that the distributors did not maintain effective controls against diversion. 

 

Yet another Top 100 Trial Lawyer, Joe Petrosinelli, secured a complete victory on behalf of Pfizer in one of the largest personal injury multidistrict litigations (MDLs) ever – the closely watched product liability MDL concerning the antacid medication Xantac, with plaintiffs claiming that use of Zantac causes cancers. This massive MDL included approximately 50,000 claims against multiple pharmaceutical defendants, coordinated proceedings in several state courts with another 30,000 cases, and cases pending in a dozen different states. The MDL Court appointed Petrosinelli as one of four co-lead counsel for all defendants, and as coordinating counsel for all defense groups. The first case set for trial in the overall litigation was set for August 2022, but two weeks before, the court granted Pfizer’s motion for summary judgment on several claims against it on statute of repose grounds, after which the plaintiff voluntarily dropped his case.

 
Robert Van Kirk, still another Top 100 Trial Lawyer, along with future star Jessica Rydstrom,
represents industrial supply company W.W. Grainger in a myriad of matters arising out of a chemical plant explosion in Houston that occurred in April 2019, allegedly as a result of the failure of a piping fixture sold under a Grainger brand. The claims include product liability, property, bankruptcy and insurance matters, as well as various government investigations. The product liability claims involve nearly 20 different complaints brought by about 200 individual plaintiffs who allege they were hurt or suffered other damage in the explosion. Those cases have been consolidated in a state MDL proceeding. There are also separate property damage, bankruptcy and insurance claims brought by the now defunct former owner of the plant and its insurers. The parties settled the majority of the action in early 2023, with a subset remaining to be tried in May.

Williams & Connolly also boasts considerable firepower in the appellate capacity. Lisa Blatt enjoys a reputation as one of the top Supreme Court strategists in the country, with peers and clients turning out in full throat to sing her praises and a full plate of high-level appointments to support this acclaim. While Blatt’s celebrity is undisputed, the firm is also grooming a next generation of talent in this capacity. Sarah Harris is developing an elevated profile among peers in the DC appeals community. “Sarah is spectacular and she’s only going to get better,” insists one contemporary. Harris secured an important victory for CVS Health subsidiary Caremark and others before the Ninth Circuit in a case concerning whether claims brought by pharmacies run by federally recognized tribes were subject to arbitration. In August 2022, the Ninth Circuit affirmed the district court’s order granting the client’s petition to compel arbitration of a dispute with the Chickasaw Nation and five pharmacies that the Nation owns and operates. The Ninth Circuit held that the parties had validly delegated to the arbitrator the authority to resolve threshold issues regarding the scope and enforceability of the arbitration provision and rejected the Nation’s argument that tribal sovereign immunity precluded enforcement of that delegation provision. 

 

 

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. “A few years ago, I would have said Willkie was a great business firm with a small but good litigation bench,” offers a peer. “Not anymore! They have really doubled down on litigation of late, and it seems to really be working. They are now in several key markets and building several practice areas to rival others.”  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, 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 LA 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 is the real deal. He represented Jamie Spears [father and former conservator of Britney], and I thought he did a very good job with that,” opines one peer. “Alex was at Venable before moving to Willkie,” states another 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 represents The Chosen, Inc. producers of the popular television series, The Chosen. The client is engaged in an arbitration against a licensor of the series Angel Studios.  Angel Studios has dramatically exceeded the scope of its licensed use of the series and is using its affiliation with the client to improperly promote its unrelated content.  An arbitration hearing was commenced in March 2024. Acting with Weingarten on this matter is Kori Bell, a white-collar-focused partner with an avid peer following of her own that the firm lured from LA boutique Larson in 2023. Weingarten also represents Fitness Technologies, a software company servicing enterprise fitness boutiques, in its lawsuit against a concerning claims, among other things, the rival has engaged in an scheme to exclude competitors from the industry, including the use of exclusive contracts and non-competes. In San Francisco, Simona Agnolucci, identified by peers as “a real player,” acted with Benedict Hur in leading Google to a March 2024 defense against allegations of violating New York and Minnesota privacy laws by improperly retaining consumer streaming video rental data, such as rental history and personal identification, beyond the legal limits. Agnolucci also acts with Jonathan Patchen in representing Ever.Ag., a  provider of technology, services, and intelligence platforms to the US dairy industry, in a hotly contested trade secret dispute against a Canadian startup competitor that has asserted antitrust counterclaims against the client, alleging that Ever.Ag has illegally monopolized the market for data services for milk producers and processors in the US through anticompetitive contracts and acquisitions of competitors. A peer also insists, “Let’s talk about [San Francisco-based IP-focused future star] Barrington Dyer – he’s great!”
     In the New York office, the firm continues to enjoy esteemed positions in the insurance and securities spaces. In the former practice, Christopher St. Jeanos represents AIG, which has a major role in current and expected future coverage disputes arising from the opioid lawsuits. There are now 15 active litigations against 13 different policyholders. “He’s a stand-up lawyer,” insists a peer, “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.” Securities partner Tariq Mundiya is representing Zayo founder, CEO, and Chairman Dan Caruso in an action arising out of a $14.3 billion buyout of Zayo by a consortium of equity co-investors. Plaintiffs claimed that Caruso breached his fiduciary duties by steering the sales process towards an acquirer so he could capture upside through a roll-over of his stock and remain as CEO post-merger. They further alleged that the company’s board was aware of the CEO’s actions and did not properly oversee his actions to maximize stockholder value and that Caruso was liable for making misleading disclosures and omissions in a proxy statement recommending that stockholders approve the merger. Another securities partner, Todd Cosenza represents several current and former Board Members of Wells Fargo & Company in a civil RICO action. The plaintiff is a business owner who contends that he was injured when about $1.3 million of three of his companies’ funds were deposited into unauthorized deposit accounts and then withdrawn without authorization.
    Craig Martin, Chairman, Midwest, joined Willkie in 2020 from Jenner & Block and has continued to build out the firm’s Windy City office. Martin’s practice encompasses a wide spectrum of commercial litigation, white-collar work, intellectual property, 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. The firm has also increasingly developed a name for itself in the international arbitration space as well. “Wilmer is one of the foundational groups in the business,” insists a peer. “A lot of this is through its London office but it is also really gathering strength in the US as well. Keep an eye on this.” Further amplifying the firm’s service offerings, WilmerHale litigators continue to demonstrate a keen prowess with trials, with several key courtroom wins on display from practitioners in several offices and across varied practice areas.
     In the firm’s famed IP practice, Boston-based but nationally recognized Bill Lee needs no introduction; he continues to be universally regarded as a celebrity of the patent litigation community. “I tried two Qualcomm cases against him,” testifies a former opponent. “Bill is quite senior but still very active and still very good.” While Lee made headlines as counsel for Apple in the “smartphone wars” litigation, the baton for that client has effectively been passed to another Boston-based patent trial star, Joseph Mueller, tipped by many peers to be Lee’s successor. Mueller triumphed for Apple in a billion-dollar dispute with an entity that was alleged that Apple wrongly acquired its trade secrets from a for pulse oximetry technology incorporated into the Apple Watch. The court decided for the client in a May 2023 decision, although a retrial is scheduled for November 2024. “Joe Mueller has the trial skills and IP know-how to get Bill Lee’s blessing for sure,” asserts a peer. In another high-profile patent win, DC’s Greg Lantier won a sweeping victory for Dropbox in the company’s first-ever trial in May 2023, when a federal jury found all patents not infringed and invalid in a complex patent-infringement case. 
     The firm’s unassailable IP roster is bookended on the West Coast by Sonal Mehta, one of the youngest and most championed stars of the Bay Area/Silicon Valley patent community. Mehta, who earned her stripes at celebrated (but now defunct) San Francisco litigation boutique Durie Tangri, has been lead counsel on several groundbreaking patent actions in the past several years and as of late has become a go-to for social-media juggernaut Meta – corporate parent of household names Facebook and Instagram – in several cases involving issues of antitrust, privacy and breach-of-contract, sometimes involving an intersection of any of these three. “Sonal’s practice is tailor made for the Bay Area trendy tech titans,” quips a peer. Mehta added another social media household name to her arsenal of clients with her defense of X (formerly Twitter) in a patent-infringement suit, valued at $600 million and brought by an entity that purchased patents related to online sharing of user-created videos, from a company that had originally filed a case. The initial claims allege that, following talks with X executives about partnering, X instead developed its own products that infringed.

     Beyond IP litigation, Wilmer boasts trial firepower in the securities and commercial space as well, with New York’s Hallie Levin being a frequent mention as a standout in these capacities. Levin is a fellow of the American College of Trial Lawyers and put her courtroom acuity on display when she led a team (which included Peter Neiman) that secured a victory for T-Mobile following a five-day bench trial in Delaware Chancery Court in August 2021. The Vice Chancellor granted T-Mobile’s request to enjoin Cox Communications from partnering with any mobile network operator other than T-Mobile to provide wholesale wireless services to Cox.

 

Gibson Dunn & Crutcher is a full-service firm with a labor and employment practice that is nationally recognized by peers and clients, often for its class action expertise. One peer says, “They’re really outstanding in what they do. They play in all spaces very well. They’ve got a terrific employment practice.”

The firm’s roster includes two of this year’s Top 20 Lawyers in Labor and Employment. Jason Schwartz is noted for having “a very big litigation practice,” representing clients like Amazon, Lowe’s and UBS over the past year. Although he is recognized for his well-established wage-and-hour practice, Schwartz has also handled numerous discrimination cases as well as a workplace-safety matter during the height of the COVID-19 pandemic. Another top litigator is Joshua Lipshutz who has secured several victories for Uber in ongoing misclassification lawsuits. His recent win successfully transferred the case from the District Court of Massachusetts to California, which was followed by a rejection of the plaintiffs’ preliminary injunction motion to reclassify Uber drivers as employees. Lipshutz additionally secured a motion to compel arbitration. The plaintiffs have appealed the decisions to the First Circuit. In recent years, the firm has attended to matters for several law firms that have faced labor and employment claims. Michele Maryott and Catherine Conway are representing Morrison & Foerster in a discrimination case. The team successfully evaded a class certification and are litigating the individual claims of two plaintiffs. Recently, former US Secretary of Labor Eugene Scalia returned to the firm. Harris Mufson also recently joined the firm's New York office. The former Proskauer partner defended the National Bank of Pakistan in a whistleblower retaliation matter that was dismissed in district court. Mufson defended the dismissal at the Second Circuit, which affirmed the lower court’s ruling and rejected the plaintiff’s arguments during the appeal.

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.