Latham & Watkins

United States (National)

Review

Dispute resolution

Latham & Watkins has handily transitioned from its image as a California-headquartered firm focused on corporate work. Although the firm did see its origins in the Golden State and has a coveted corporate practice, Latham has also gained a well-earned reputation as an undeniable litigation powerhouse whose footprint has not only reached national levels but boasts litigation heavyweights in nearly every one of its US offices across a diverse spectrum of practice areas. “Latham is very strong. I would put them at the highest level,” insists one peer. Another confirms, “They are terrific, and in a lot of areas. They have some real density and just seem to be going from strength to strength, with great people in so many pockets of the US market.”


Antitrust has been particularly robust in general over the past year or two, and Latham has been at the forefront of some of the most high-profile actions in this area through its roster of stars in the practice. “Latham has been involved in three or four big high-stakes contested-merger cases over the years,” testifies a peer. Another confirms, “I saw them in action when I was at [a government agency] and I was very impressed.” In particular, San Francisco’s Chris Yates is seen as “someone who’s experienced some real growth in this area. I’m co-counsel with him on some work and it’s a pleasure.” Yates represented World Aquatics, the international federation recognized by the International Olympic Committee as the governing body for Olympic and international aquatic sports, in a pair of high-profile antitrust lawsuits. These suits were brought by the International Swimming League and a putative class of Olympic and elite-level swimmers who allege that the client conspired with its national member federations to boycott the International Swimming League from establishing a competing league for top-tier international swimmers and threatened to ban swimmers who participated in the International Swimming League from the Olympics, thereby monopolizing an international market for top-tier swimming competition. Yates successfully defeated the swimmers’ bid to certify a damages class and subsequently obtained summary judgment on all of the antitrust and tort claims in January 2023, avoiding $200 million of potential damages. Yates also lays claim to involvement in several key matters for long-time client Oracle and its founder and chairman Larry Ellison. “Latham always had a great antitrust practice but these days, it’s all about Chris Yates, [fellow San Francisco partner] Al Pfeiffer and [New York partner] Larry Buterman,” emphasizes a peer. Antitrust contemporaries also turn out in full voice for DC’s Marguerite Sullivan. “I really respect her a lot,” declares a peer. “I was co-counsel with her on a case and found her very collaborative.” Sullivan and Pfeiffer successfully represented GRAIL during its highly publicized reacquisition by Illumina, which was contested by the Federal Trade Commission.


Latham has also earned pride of place in the securities capacity. “Latham has a lot of market share on the 10b-5 and securities side,” observes a peer. Orange County’s Michele Johnson secured a February 2023 dismissal of a federal securities class action against Eargo, a manufacturer and seller of hearing aids with a novel invisible technology, which followed an audit by Eargo’s largest insurance payor and a Department of Justice investigation and settlement concerning Eargo’s insurance billing practices. Johnson’s star has been steadily on the rise, particularly in the wake of a landmark win in a rare securities trial involving Puma Biotechnology three years ago, which caused such a stir in the securities world that “securities plaintiff lawyers were actually using ‘Puma’ as a verb, warning each other ‘Don’t get ‘Puma’d!’ when analyzing the viability of their case.” Latham’s securities prowess is on display in its New York office as well, where Jamie Wine is a near-unanimous favorite. “Jamie is great, has a real nice way about her,” states a peer. “When she was younger she worked a lot with [San Francisco securities star] Peter Wald but she is now a first chair in her own right.”


The firm’s intellectual property capacity has also seen “some explosive growth” as of late, and “Latham has a really big patent practice.” DC’s Michael Morin achieved a favorable settlement for pharmaceutical client AbbVie against Alvotech hf., who sought FDA approval of a biosimilar version of AbbVie’s Humira. Chicago’s Sean Berkowitz is an all-purpose commercial litigator and white-collar and regulatory advisor, while also being first and foremost a trial lawyer. “Sean Berkowitz is someone who can try a case,” testifies a peer, “and this even goes for white-collar criminal cases. It’s rare to find someone who can try those, especially within the framework of a big firm.”


   Latham has also steadily made inroads even into less prominent practice areas. The firm’s international arbitration firm has seen a steady ascent in profile. A peer notes, “John Pierce, head of Latham’s IA practice, is one of the people who is at the very top – he was already prominent but is now really making a mark for himself. And he couldn’t be a nicer guy.” Insurance is another practice gaining more recognition. “Latham is not on your list for policyholder-side insurance but I’m dealing with them and they’re quite good,” confirms a peer. “I’m dealing with John Wilson in California, and he’s had some successes. Drew Gardiner too.”