Virginia - Jurisdiction Review | Benchmark Litigation

Finnegan Henderson Farabow Garrett & Dunner

Firm overview

Full-service IP firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the world’s largest firms focusing exclusively on IP. It is a true one-stop shop for all IP matters, with experts in every area of IP and every technology. A comprehensive approach to clients IP needs and Finnegan’s mega-boutique size underpin its year-to-year, decade-to-decade pre-eminence in IP litigation across all industries and tribunals.

Global presence: The firm’s offices in the United States, Asia, and Europe practise all aspects of patent, trademark, copyright and trade secret law. Its multinational team represents clients on IP issues relating to U.S. and European patent and trademark law, international trade, portfolio management, the Internet, cybersecurity, e-commerce, government contracts, antitrust and unfair competition.

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 centred 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 filed over 650 IP-related district court cases. The firm’s team is comprised of over 250 litigators, including career trial attorneys. Over 300 of Finnegan’s legal professionals hold degrees in scientific disciplines (more than 60 hold PhDs). Over 225 professionals are registered to practise 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 almost 400 ANDA litigations involving revolutionary drugs such as Brilinta®, Farxiga®, Relistor®, Jublia®, Aptiom®, Injectafer®, and Abilify®. We consistently have 150+ ongoing ANDA litigations every year, providing counselling and litigation services in 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. So 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 nearly 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 litigations 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.

Hunton Andrews Kurth

Firm overview

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

Hunton Andrews Kurth’s skilled litigators focus on strategy over tactics, developing plans that are mindful of each client’s business and legal goals. Since its founding more than 100 years ago, Hunton Andrews Kurth has been a business-focused firm, an approach that continues in today’s litigation climate. The 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 the boardroom or a courtroom. Most importantly, Hunton Andrews Kurth collaborates with clients to develop strategies that are comprehensive in scope and aligned with their needs.

Litigation Overview:

Hunton Andrews Kurth has one of the top litigation teams in the country, having litigated and/or arbitrated in each of the 50 states and in many foreign countries. Our diverse team has the collective knowledge, skill, and experience necessary to help businesses identify and manage potential 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 listed in ranking guides such as Chambers USA and Benchmark Litigation, and we are named as one of the “most feared firms in litigation” by BTI.

Our lawyers regularly handle litigation matters in the energy, financial services, healthcare, construction, aviation, consumer products and retail industries. We pride ourselves on our ability to tailor our strategy to the needs of the client’s specific situation. Our commercial litigation docket regularly includes class action defense, commercial contract disputes, white collar defense matters, administrative matters and investigations, and appeals in state and federal courts.

We serve as national or worldwide coordinating counsel for many of our clients. We are engaged by corporations and other large entities across a broad range of matters – from providing advice and counsel about business disputes and torts to civil litigation, trial and appeal, when necessary. We are often engaged in “bet-the-company” cases, complex commercial disputes, multidistrict litigation and coordinated state law proceedings, as well as class actions. Our lawyers have the experience to handle cases that involve multiple adversaries in federal and state courts across the nation and abroad.

Updated Aug 2022

Akerman

Firm overview

Akerman LLP is a top 100 U.S. law firm recognized among the most forward thinking firms in the industry by Financial Times. Its more than 700 lawyers and business professionals collaborate with the world’s most successful enterprises and entrepreneurs to navigate change, seize opportunities, and help drive innovation and growth. Akerman is known for its results in middle market M&A and complex disputes, and for helping clients achieve their most important business objectives in the financial services, real estate, and other dynamic sectors across the United States and Latin America.

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—and we have particular strength in the financial services, private equity and mergers and acquisitions, insurance, real estate and construction, health and life sciences, and energy sectors. Akerman lawyers regularly appear before judges and arbitrators in class action, securities, white-collar, fraud and recovery, product liability, intellectual property, employment, bankruptcy, and general business matters.

Appellate: With a bench that includes one of the largest groups of former appellate judges in the United States, Akerman’s appellate practice is a national powerhouse with demonstrated success in handling appeals related to complex commercial litigation. Akerman team members 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. We also represent clients in highly specialized administrative appeals involving high-profile issues, and we promote their interests through amicus curiae briefs when they 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 2022

Review

Dispute resolution

Finnegan Henderson Farabow Garrett & Dunner

Finnegan, Henderson, Farabow, Garrett & Dunner is an intellectual property boutique with the breadth and capability (as well as the nationally recognized status in the practice) of a full-service law firm. The firm maintains one of the leading and most active practices dedicated to PTAB disputes and has been especially noteworthy for its handling of appeals. In addition to its heavy-hitting patent practice, the firm also remains highly regarded for trademark and copyright litigation as well. DC-based Douglas Rettew is one of the go-to litigators for trademark litigation. He has represented some of the largest brands in the world, including Capital One, a client that he has recently been representing in several actions in courts throughout the US. Over the last year he has obtained two permanent injunctions against companies in trademark infringement cases. Other major worldwide clients he has represented in the last year include Nestle, Combe, and Under Armour.

In the life sciences space, the firm is highly regarded, earning top-tier standings in patent litigation and Hatch-Waxman cases for leading industry leading companies in the chemical, pharmaceutical, and biotechnology industries. The DC office also houses Paul Browning and James Monroe who are two patent litigators with extensive experience in Hatch-Waxman disputes. Reston-based partner Charles Lipsey is a seasoned litigator who is also deeply involved in patent related litigation and acts as one of the lead partners representing AstraZeneca in its Hatch-Waxman dispute against Zydus Pharmaceuticals regarding the client’s billion-dollar drug FARXIGA.

Hunton Andrews Kurth

Recognized in jurisdictions around the country for its litigation aptitude in labor & employment, data privacy, and a litany of other practice areas, Hunton Andrews Kurth continues to build a legal footprint of much further reach and wider renown.

Hunton's Richmond office is a central firm stronghold, remaining among the most active of its regional practices, and is home to former Solicitor General of the State of West Virginia and issues & appeals practice chair Elbert Lin. Lin recently achieved an appellate victory on behalf of Oath, Inc. – the name under which the combined entities of AOL and Yahoo! were known during the period when they were owned by Verizon prior to a recent acquisition by Apollo Global Management – in a federal defamation suit brought by former Trump advisor Carter Page who filed claims concerning a series of articles published by Yahoo! News and HuffPost regarding the US investigation into his contact with Russian officials, was initially met with a federal court decision dismissing his case on jurisdictional grounds. Page then engaged in a series of appellate attempts to have the decision overturned – Lin and the team fending off the appeals at every turn – until the matter was wrapped up once and for all with a final affirmance from the Delaware Supreme Court. Also hailing from the Richmond outfit, George “Trey” Sibley’s practice emphasizes matters of environmental permitting, while in D.C., environmental practice head Deidre Duncan focuses on 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. Michael Shebelskie of Richmond is also noted for his expertise in litigation in the environmental sphere, year after year garnering national praise.

The firm’s network of Texas-based offices is also recognized as a critical pillar of its formidable litigation power. Hailing from the Houston office, perhaps the most notable of offices in the state, Cameron Pope is an appellate-oriented practitioner with experience in toxic torts, labor & employment, and oil & gas litigation. Pope is currently involved in a theft of trade secrets matter on which a team of the firm’s litigators serves as lead counsel to the plaintiff and major oil & gas PVT software provider Calsep. The team has been successful in securing the approval of both a $10 million damages award and rare “death penalty” sanctions against the defendants, who were found to have destroyed evidence during litigation.

Also Houston-based, Thomas Taylor, who serves as litigation co-head, maintains the distinction of being among the firm’s most vital and active of practitioners. Working in both trial and appellate regards, Taylor’s practice centralizes multidistrict litigation and multi-part matters, emphasizing disputes arising in the oil & gas sector.

In Austin, Scott Brister serves as issues and appeals practice co-head and enjoys a broad assortment of litigation capabilities. Brister recently represented Sirius XM in a matter in the Texas Supreme Court which provided critical clarification as to the Texas Tax Code. Sirius, filing suit seeking a $2.5 million refund of franchise taxes paid under protest, interpreted the statute in question in the matter as looking to the location of a taxpayer’s personnel and equipment to establish where a business is to be taxed, whereas the Comptroller’s interpretation was that taxation occurs in the location of the end-product act. Brister, who served as lead on all briefs and co-counsel in the preparation of oral argument, was crucial to Sirius’s reading of tax law being adopted by the Texas Supreme Court.

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 such as California, Texas, Georgia, and DC. This year, Virginia-based partner Kurt Larkin is recognized on the inaugural Top 10 Traditional Labor Lawyers. He is distinguished for his exceptional work in traditional labor, handling collective bargaining negotiations, union organizing, and high-stakes National Labor Relations Boarddisputes. 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 Fair Labor Standards Act class and collective actions and Private Attorneys General Act(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,are handling a trade secrets case 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 bringa wealth of experience in handling California employment litigation. The duo previously represented a client in a JAMS arbitration. Beilke in particular is wellversed in handling arbitrations, as well as jury trials. San Francisco-based partner 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 Equal Employment Opportunity Commission’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 Occupational Safety and Health Administration (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 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, in 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 (FLSA) 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 FCRA 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 very highly of him.” Nelson has defended Marathon Oil in a series of separately filed independent contractor cases throughout Texas’ district courts. In one of the cases, the plaintiff filed a collective action and seeks to broadly define a potential class of plaintiffs. Nelson successfully persuaded the Southern District of Texas to enforce arbitration, even though the client had an agreement with the co-defendant, Bedrock, but not the client. 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.