Virginia - Jurisdiction Review | Benchmark Litigation

Akerman

Firm overview

Founded in 1920, Akerman is recognized as one of the country’s premier law firms, with more than 700 lawyers in 25 offices throughout the United States..

Commercial Litigation: Akerman offers a leading trial team that includes litigators across the United States. We represent a diverse range of clients across numerous sectors, with particular strength in the financial services, private equity, insurance, real estate, construction, health and life sciences, and energy sectors. Akerman lawyers regularly appear before judges and arbitrators in class actions, securities, white-collar, fraud and recovery, product liability, intellectual property, employment, bankruptcy, and general business matters.

Appellate: With a bench that includes many former appellate and trial court judges, Akerman’s appellate practice is a national powerhouse with demonstrated success in handling appeals related to complex commercial litigation. Akerman's appellate team frequently assist trial lawyers during all phases of litigation, preserving errors for appeal, drafting motions and responses, and providing strategic advice on the best approach for seeking relief on appeal. They handle numerous matters before appellate courts nationwide in various commercial cases and class actions. We also have experience in administrative appeals involving high profile issues before state agencies. Additionally, Akerman's appellate lawyers represent industry associations as amicus curiae in appellate proceedings when our clients are not a party to an appeal but have a substantial interest in the outcome.

International Litigation & Arbitration: Akerman has a long record of accomplishment in resolving complex multijurisdictional disputes. Our team represents multinational, foreign, and domestic corporations and individuals before U.S. federal and state courts, as well as in arbitration proceedings before a wide range of international arbitral bodies in multiple jurisdictions. Akerman litigators help clients successfully address conflicts in a broad range of sectors, including general commercial disputes, power and energy, construction and engineering, and banking and finance, among many others. Our highly responsive, multilingual team works in tandem with experienced local counsel to provide seamless resolution to disputes throughout Latin America, as well as in Europe, Asia Pacific, Africa, and the Middle East.

Employment Litigation: Akerman’s national, multidisciplinary team helps clients navigate claims brought before state and federal agencies and boards as well as trial and appellate courts throughout the United States. Our lawyers regularly defend employers in all types of employment litigation, including complex class-action discrimination cases and collective action wage and hour matters. We also represent employers in connection with administrative charges and audits, and have successfully negotiated and supervised numerous settlements with the U.S. Department of Labor.

Updated Sep 2024

Hunton Andrews Kurth

Firm overview

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Hunton Andrews Kurth is a global law firm with over 900 lawyers handling a range of complex transactional, litigation, and regulatory matters for clients in many industries, including energy, financial services, real estate, retail and consumer products, and technology. With offices across the US and in Europe, the Middle East, and Asia, the firm is aligned with clients’ businesses and committed to delivering exceptional service. Our full-service litigation practice is one of the largest in the country, with particular depth in key litigation markets such as Texas, California, New York, Florida, and Virginia and the Mid-Atlantic.

Since its founding more than 100 years ago, Hunton Andrews Kurth has been a business-focused firm, an approach we continue in today’s litigation-focused climate. Our team of more than 400 litigators draw upon decades of experience to handle all aspects of disputes with the goal of achieving successful results whether in a courtroom or the boardroom.

Our skilled litigators focus on strategy from the outset and develop individualized litigation plans that are comprehensive in scope, mindful of each client’s business and legal goals, and aligned with client needs. We aggressively and efficiently represent clients at different phases of their corporate life cycles. Whether advising a start-up in patent litigation or a Fortune 100 company in a bet-the-company class action, we apply the same principles of client-focused representation to achieve the desired result.

Litigation Overview: Hunton Andrews Kurth has a top global litigation team, having litigated and/or arbitrated in all 50 states and many foreign countries. We often serve as national or worldwide coordinating counsel. Our diverse team has the collective knowledge, skill, and experience to help businesses identify and manage risks, respond to existing or threatened litigation, and pursue resolution in any venue. Hunton Andrews Kurth attorneys are admitted to the American College of Trial Lawyers and ranked by publications such as Chambers USA, Legal 500, and Benchmark Litigation, and the firm is named one of the “most feared firms in litigation” by BTI.

We handle litigation matters in the energy, financial services, healthcare, telecommunications, food, hospitality, consumer products, and retail industries, tailoring strategy on a case-by-case basis. Our commercial litigation docket includes class action defense, commercial contract issues, white collar defense, administrative matters, cybersecurity and privacy investigations, and appeals in state and federal courts. We represent corporations and other entities across a broad range of complex matters – from providing advice and counsel about business disputes and torts to civil litigation, trial, and appeal. We are often engaged in “bet-the-company” cases, multidistrict litigation, and coordinated state law proceedings. Our lawyers have the experience to handle cases that involve multiple adversaries in courts across the nation and abroad.

In addition, the firm’s environmental team, with more than 45 environmental attorneys and scientists, many of whom are former DOJ attorneys and senior regulatory agency officials, handles high-profile environmental litigation matters. These include enforcement defense, permit litigation, and challenges to environmental regulatory programs before federal district and appeals courts and the US Supreme Court, addressing issues of nationwide significance.

Updated Aug 2024

Finnegan Henderson Farabow Garrett & Dunner

Firm overview

Full-service IP firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the world’s leading intellectual property law firms, practicing all aspects of patent, trademark, and copyright law. It is a true one-stop shop for all IP matters, with experts in every area of IP and technology. The firm also provides counseling and litigation services in advertising, privacy, and a wide spectrum of additional IP-adjacent commercial matters. Its comprehensive approach to clients’ IP needs and Finnegan’s mega-boutique size underpins its year-to-year, decade-to-decade pre-eminence in IP litigation across all industries and tribunals.

Global presence: With offices in the United States, Asia, and Europe, Finnegan’s multinational team represents clients on IP issues relating to European, German, UK, and U.S. IP law.

Industry and technical expertise: Finnegan offers full-service IP legal and technical experience in virtually every industry and technology: biotechnology, pharmaceuticals, biologics and biosimilars, combination products, chemicals, oil and gas, electronics, semiconductors, computers and software, FinTech, Internet of Things (IoT), automotive, aerospace and aviation, industrial manufacturing, consumer products, food and beverage, outdoor recreation, sports and fitness, digital health, medical devices, clean energy and renewables, robotics, textiles, artificial intelligence (AI), and 3D printing.

IP-focused talent: With Finnegan’s practice centered on intellectual property, the firm is positioned to create economies of scale and focus all resources on providing the best tools and teams for clients. In the past five years, Finnegan has filed over 675 IP-related district court cases. The firm’s team is comprised of over 250 litigators, including career trial attorneys. Over 275 of Finnegan’s legal professionals hold degrees in scientific disciplines (more than 75 hold PhDs). Over 215 professionals are registered to practice before the US Patent and Trademark Office (USPTO), European Patent Office (EPO), the German Patent and Trade Mark Office (DPMA), the UK Intellectual Property Office (UKIPO), and the European Union Intellectual Property Office (EUIPO).

ANDA litigation: Since being involved in the very first ANDA litigation, Finnegan has been a leading firm representing innovative pharmaceutical companies before federal district courts and the U.S. Court of Appeals for the Federal Circuit. Our successes derive from a deep bench of experienced and technically sophisticated attorneys who understand the long-term plans of innovative pharmaceutical companies, as well as the legal particularities of ANDA litigation under the Hatch-Waxman Act and the nuances of pharmaceutical patent law. Over the last five years, our attorneys have represented more than 20 brand companies in more than 450 ANDA litigations involving revolutionary drugs such as Brilinta®, Farxiga®, Relistor®, Jublia®, Aptiom®, KISQALI®, ORILISSA®, and Abilify®. We consistently have 150+ ongoing ANDA litigations every year, providing counselling and litigation services for a range of technologies such as antibodies, automated DNA sequencing, diagnostics, imaging agents and other research tools, molecular mechanism infringement claims, and protein therapies.

International Trade Commission (ITC) litigation: When it comes to ITC litigation, Finnegan was litigating IP cases at the ITC long before it became the popular forum it is today. Litigating in the ITC presents a unique challenge—litigating a technologically complicated case in a short period of time, in a pressure-packed forum that can make or break the commercial success of the products at issue. At the ITC, summary determination is rare, and approximately 45 percent of Section 337 cases go to trial, all in front of an Administrative Law Judge (ALJ), not a jury. When choosing a firm to litigate in the ITC, trial experience in the ITC is of paramount importance. In the past five years, Finnegan attorneys have been involved in more than 10 percent of Section 337 cases. Over 150 of the firm’s attorneys have litigated at the ITC. Finnegan also has practitioners with ITC experience in the chemical, pharmaceutical, and mechanical fields. Our attorneys have even tried ITC cases involving design patents and trademarks. During the past two years, more than half of all ITC cases have involved electrical and IT- related technologies and semiconductors; Finnegan has more than 80 lawyers and over 20 professionals who have at least one degree in electrical engineering, computer science, or some other related form of specialized technology.

Trademark litigation: Finnegan’s trademark litigation practice spans numerous industries and covers all types of trademark rights, including service marks, trade dress, product configuration, trade names, domain names, letters, numbers, colors, and telephone numbers. Representing both plaintiffs and defendants, our lawyers have decades of experience litigating both large and small trademark cases before courts throughout the country and regularly appear before the U.S. Patent and Trademark Office and its Trademark Trial and Appeal Board (TTAB), the federal circuit courts of appeal, district courts, and other tribunals. We have an impressive track record of favorably resolving litigious matters for our clients, whether by choosing a forum that gives clients the best chance to win on the law, filing a motion to dismiss, obtaining an early temporary restraining order or preliminary injunction, positioning a case for settlement, moving for summary judgment, or taking the case to trial. One of our strengths is the use of experts to enhance our clients’ legal positions. For many years, we have worked with numerous consumer survey experts on a wide range of issues in trademark litigation, including likelihood of confusion, likelihood of dilution, genericness, secondary meaning, and fame. We also make strategic use of other experts in areas such as linguistics, marketing, consumer psychology, industry practices, and damages.

Practice Areas:

Advertising
Copyright
Design Rights
European, German, and UK IP Law
Export Control
IP Litigation
Patent Office Examinations
Patent Portfolio Management, Monetization, and Transactions
Post-Grant Proceedings
Privacy
Trademark
Trade Secrets

Other Offices:

North America: Atlanta · Boston · Palo Alto · Reston · Washington, DC

Europe: London · Munich

Asia: Seoul · Shanghai · Taipei · Tokyo

Updated Sep 2024

Review

Dispute resolution

Finnegan Henderson Farabow Garrett & Dunner

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.

Hunton Andrews Kurth

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

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

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

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

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

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

Labor and employment

Hunton Andrews Kurth

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.