Kirkland & Ellis LLP is a global law firm with approximately 2,500 attorneys representing clients in private equity, M&A and other complex corporate transactions, litigation and dispute resolution/arbitration, restructuring, and intellectual property matters. The Firm has 15 offices around the world: Beijing, Boston, Chicago, Dallas, Hong Kong, Houston, London, Los Angeles, Munich, New York, Palo Alto, Paris, San Francisco, Shanghai and Washington, D.C.
Litigation Kirkland & Ellis is renowned for its experience in complex litigation and arbitration. The Firm believes that the best litigation results happen when the lawyers and client form a team that assumes it will try the case. Because of this trial-ready philosophy, the Firm is able to offer clients a deep bench of lawyers who have been taking cases to verdict since the early stages of their careers. Whether in the courtroom, at the bargaining table or helping clients avoid risks without litigation, Kirkland has a long and proven track record of generating successful results for clients in their most high-stakes cases.
The Litigation Practice Group comprises approximately 500 attorneys throughout the firm’s worldwide offices. The Firm’s international experience enables effective representation of non-US plaintiffs and defendants in US judicial proceedings. Kirkland represents clients in trial and appellate courts at the federal and state level, before administrative tribunals, and in arbitrations and other dispute resolution proceedings. The Firm also represents clients in connection with proceedings involving government agencies, such as the Securities and Exchange Commission, US Attorneys General Offices, the Financial Industry Regulatory Authority, the New York Stock Exchange, the US Department of Justice, the Federal Trade Commission, the US Patent and Trademark Office, the US Department of Labor and the Internal Revenue Service.
Lawyers in all of Kirkland’s US offices have tried cases, successfully to verdict or to judgment, in virtually every substantive area and business segment including accountant liability, antitrust and competition, appellate, class action, mass tort and toxic tort, construction, ERISA/benefits, First Amendment and defamation, franchise and distribution, insurance coverage, international arbitration and ADR, product liability, securities and shareholder.
Kirkland has been recognized by clients and the media for its achievements in litigation:
For the eighth time, Kirkland was selected as one of the “Fearsome Foursome” in BTI Consulting’s 2019 Litigation Outlook report. Kirkland was also identified
as a “powerhouse” firm for intellectual property litigation, class actions, complex employment litigation and complex commercial litigation, and as a “standout” firm
for securities and finance litigation.
In 2018, Kirkland ranked #1 in The Lawyer’s “Global Litigation Top 50.”
The American Lawyer has recognized Kirkland as a top firm in every “Litigation Department of the Year” contest since 2002.
Kirkland was awarded “Illinois Firm of the Year” and “Bankruptcy Firm of the Year” at the 2019 Benchmark Litigation US Awards.
The National Law Journal has named the firm to its “Appellate Hot List” every year since 2012.
Intellectual Property Litigation
Kirkland & Ellis’ Intellectual Property Practice Group is one of the oldest such practices in a full-service firm in the country, having been an integral part of Kirkland since 1925. Kirkland has approximately 200 intellectual property lawyers who are experienced in a variety of technical disciplines and registered to practice before the US Patent and Trademark Office. More than 70 percent of the lawyers are engineers and scientists trained with degrees and professional backgrounds in technical areas.
Kirkland has one of the most respected intellectual property litigation practices in the country, with particular experience in large-scale patent, copyright, trademark, trade secret misappropriation and advertising matters. The work of the group frequently extends to antitrust, securities/compliance, products liability and appellate matters.
Kirkland’s experience in venues where IP cases are most often litigated is extensive. The Firm tries cases before juries, judges and arbitrators in venues across the country including state courts, district courts, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, the International Trade Commission and the Patent Trial and Appeal Board. Kirkland has one of the most active trial practices in the country. Our success rate at trial is among the best, with only a few of losses over the last 10 years despite handling some of the most challenging litigation cases in history.
The Intellectual Property Practice Group has been recognized by numerous publications for its achievements:
In Managing Intellectual Property’s 2019 IP Stars, Kirkland was named as a leading firm for Copyright, ITC, Life Sciences and Patent Contentious.
Managing Intellectual Property named Kirkland “U.S. National Appellate Firm of the Year” at its 2019 Americas Awards.
Kirkland was named to World Trademark Review magazine’s 2019 WTR 1000 list of the world’s top trademark law firms nationally and in Illinois, and was recognized
as a Tier 1 firm for enforcement and litigation in New York.
In 2019, Intellectual Asset Management (IAM) magazine recognized Kirkland in Tier 1 for Litigation: United States - National in its IAM Patent 1000 guide.
Kirkland was named “Law Firm of the Year” for Litigation - Patent by U.S. News Media Group and Best Lawyers in their 2019 “Best Law Firms” rankings.
The New York Law Journal named Kirkland as its 2019 “Intellectual Property Litigation Department of the Year.”
Shearman & Sterling LLP distinguishes itself by harnessing the intellectual strength and deep experience of its lawyers across its extensive global footprint. The firm represents many of the world’s leading corporations, financial institutions, emerging growth companies, governments, and state-owned enterprises. Those clients, in turn, continue to choose Shearman & Sterling for its distinctive ability to leverage the knowledge and judgment of one of the world’s largest and most accomplished cross-border legal teams—a team ideally situated to help clients on their complex business transactions.
Our Litigation Practice: Shearman & Sterling’s Litigation Group is strongly positioned to counsel and protect clients in today’s challenging environment. With attorneys in the United States, Europe, and Asia, our team is ready to assist in any crisis, whether the adversary is a government regulator, a competitor, or a well-funded class action attorney.
Never before have clients faced the array of potential controversies that they do today. Prosecutions and enforcement proceedings relating to alleged business improprieties are at an all-time high. Settlements in securities and antitrust class actions regularly break previous records. What were once mundane commercial disputes have transformed into “scorched earth” battles in which adversaries root through millions of emails and electronic documents.
Such challenging times demand attorneys with the experience to counsel clients through difficult problems, and the fortitude to bring a case to trial if that is the necessary course. Our attorneys are experienced in a wide range of substantive areas, including securities, white collar defense, antitrust, anticorruption/FCPA, M&A litigation, patent litigation, commercial disputes, and arbitration. Equally important, we are trial-ready and trial-tested. Our partners include former prosecutors who have tried dozens of jury trials in United States courts. We are equally strong in the arbitration area, handling numerous contested proceedings every year.
Our attorneys are experienced in a wide range of litigation. The key areas in which we practice include:
Securities Litigation: Aggressive regulators and well-funded class action attorneys have ushered in a new era of high-stakes securities litigation. We handle all such matters, including shareholder class actions, SEC proceedings, corporate governance issues, contested takeovers, and shareholder disputes. Our Securities Litigation Practice draws not only on our litigation attorneys with experience in that area, but also on our top-tier corporate transactional practice, which has been involved in cuttingedge securities issues for many years.
White Collar Defense, Regulation and Enforcement: Our white collar team features former federal prosecutors and regulators with extensive experience representing companies, boards of directors, and individuals in internal investigations, civil and criminal enforcement proceedings, and at trial. Recent experience includes major investigations concerning price-fixing, the Foreign Corrupt Practices Act, insider trading, and other financial fraud.
Antitrust Litigation: Antitrust Litigation: We represent clients across a wide range of industries and counsel them on issues involving all aspects of antitrust and competition law. In the US, we regularly represent clients in civil and criminal matters relating to Sherman Act Section 1 price-fixing, group boycott and market allocation claims; Sherman Act Section 2 monopolization claims; claims arising under state antitrust and unfair competition laws; and merger cases. Similarly, in Europe, we have counseled and represented a wide range of clients in relation to cartels, cooperation agreements, dominance cases, mergers, and state aid in front of the European Commission and national competition authorities.
M&A Litigation: Clients rely on Shearman & Sterling to provide a one-stop solution for the most complex M&A transactions, the associated due diligence, as well as any litigation that may ultimately arise. Our litigators work closely with our transactional M&A attorneys and are often involved at the earliest stages of the transaction to provide advice and guidance throughout the process.Our M&A litigators represent corporations, investment banks, boards of directors, special committees, and other major players involved in highstakes transactional litigation.
Commercial Disputes and Business Law: We have represented corporations, partnerships, joint ventures, and other entities in a variety of business-related disputes relating to breach of contract, fraud, professional malpractice, business torts, and insurance and reinsurance matters. Intellectual Property Litigation: Our intellectual property litigation practice offers a full range of legal services relating to the defense, enforcement and commercial exploitation of intellectual property assets. Our services include litigation and dispute resolution in district courts, at the ITC and before arbitral panels; inter partes and ex parte validity proceedings before the USPTO; and strategic counseling regarding litigation and licensing
Arbitration: Our attorneys handle both domestic and international arbitrations. The International Arbitration Group, centered in Paris, has particular experience in international arbitrations in the areas of investment, construction, energy, business combinations, intellectual property, and general commercial disputes. We have represented parties in arbitrations under the rules of all of the major worldwide arbitration organizations.
Practice Areas: Bankruptcy • Antitrust • Intellectual Property • White Collar Crime • International Arbitration • General Commercial • Securities Office Locations Abu Dhabi • Austin • Beijing • Brussels • Dubai • Frankfurt • Hong Kong • Houston • London, Menlo Park • Milan • New York • Paris • Riyadh* • Rome • San Francisco • São Paulo • Seoul • Shanghai • Singapore • Tokyo • Toronto • Washington, DC
(*Dr. Sultan Almasoud & Partners in association with Shearman & Sterling LLP)
Sullivan & Cromwell’s reputation stems from more than a century representing clients in a broad range of matters, including landmark cases that have shaped the development of U.S. law. The Litigation Group draws upon S&C’s rich expertise in corporate, financial and transactional law, forming seamlessly integrated teams that handle any related or follow-on matters that arise. The Firm manages every stage of the litigation life cycle, before any court, arbitration panel or regulatory agency. Lawyers at S&C are international practitioners who represent a cross-section of prominent U.S. and non-U.S. companies in their critical investigations, regulatory matters, trials and arbitrations.
Antitrust: S&C’s antitrust lawyers are seasoned litigators who bring their insight to antitrust counseling, merger clearances, criminal antitrust investigations and trials, and private, government and class action litigation. This serves clients’ needs efficiently by enabling the same team to handle all aspects of an antitrust problem, even when counseling, merger clearances or preliminary investigations evolve into full scale litigation.
Appellate: With 12 former U.S. Supreme Court law clerks and a large number of other former appellate law clerks, S&C provides the highest quality representation for the Firm’s clients in appellate matters. S&C’s trial and appellate capabilities allow the Firm’s interdisciplinary teams to mold effective legal strategies from the beginning of cases to their successful resolution.
Arbitration: S&C’s international arbitration practice is recognized as one of the leading international dispute resolution practices worldwide. The Firm has more than a century of unparalleled expertise and experience in this area, particularly in international commercial arbitration.
Bankruptcy: S&C’s Bankruptcy Litigation Group represents debtors, creditors, financial institutions, agents and trustees, directors, owners and purchasers in significant disputes. The Firm has prosecuted and defended large contested claims, challenged and defended plans of reorganizations and bankruptcy settlements, defended major avoidance actions, and protected acquirors from challenges to bankruptcy purchases, among other disputes.
Congressional Investigations: S&C’s long history of advising clients on important congressional investigations provides clients with invaluable insights into how to best navigate the unpredictable course congressional investigations often take.
Criminal Defense and Investigations: S&C’s Criminal Defense and Investigations Group (CDIG), widely recognized as one of the preeminent white-collar criminal defense practices in the U.S., comprises fourteen former federal and state prosecutors who have collectively handled more than 125 U.S. criminal trials. The Firm represents individuals and institutions around the world in the most significant white-collar criminal defense matters, regulatory enforcement matters and internal investigations. S&C responds to matters handled by virtually every enforcement agency, with particular expertise in handling cross-border investigations for clients worldwide.
EU Competition: European Union (EU) competition law has a major impact on businesses operating in the EU and, for that reason, is one of S&C’s core practice areas. S&C advises clients from around the world on the competition law implications of mergers, acquisitions, joint ventures, long term supply agreements and other business arrangements. The Firm also represents the targets of competition law investigations by the European Commission and national authorities.
FCPA & Anti-Corruption: S&C is a leader in advising clients around the world on issues arising under the U.S. Foreign Corrupt Practices Act (FCPA), the U.K. Bribery Act and related international laws. The Firm has been involved with some of the most significant FCPA matters to date, including obtaining the first deferred prosecution agreement with the U.S. Securities and Exchange Commission.
Financial Services Investigations and Litigation: Coordinating efforts with other members of the financial services team, S&C’s litigation and investigations lawyers regularly advise clients in regulatory, legislative and criminal inquiries; investigations and enforcement actions; and related shareholder derivative litigations and securities class actions.
Intellectual Property and Technology Litigation: S&C’s Intellectual Property Group brings together lawyers from across the Firm’s practices to assist clients with the full spectrum of intellectual property and technology issues that confront today’s businesses. S&C IP litigators are not solely “patent counsel” who handle only technical and scientific cases; their wide range of experience enables S&C to communicate effectively with judges and juries regardless of the complexity of the technology involved.
International Trade and Investment/CFIUS: S&C is a leader in matters related to international trade and investment, backed by many years of experience and a record of success. The Firm advises U.S.-based clients making or receiving non-U.S. investment and works closely with U.S. and non-U.S. financial institutions with regard to their international activities.
Labor and Employment: The Firm’s Labor and Employment practice was established over 50 years ago and has an impressive record handling all manner of labor and employment claims, including illegal discrimination, breach of contract, and tort and labor unfair practice charges in a broad variety of industries and geographic areas.
M&A Litigation: S&C has represented clients in every type of litigation arising out of M&A transactions, from hostile takeover litigation to shareholder class and derivative actions, including actions related to disclosure, defensive-measure and going private transactions. S&C has also defended special committees and handled regulatory matters relating to M&A transactions involving antitrust, insider trading and disclosure issues.
Securities Litigation: The Firm’s securities litigation practice is renowned for providing superior legal representation in the highest-profile, most complex cases. The group’s litigators have a proven track record of successfully resolving bet-the-company matters, including playing a leading role in actions arising out of the financial crisis.
Other offices: Beijing, Brussels, Frankfurt, Hong Kong, London, Los Angeles, Melbourne, Palo Alto, Paris, Sydney, Tokyo, Washington, D.C.