California

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.

Launched in 2017 as an Orange County-based litigation boutique, Everett Dorey now houses 23 attorneys throughout four offices in California, including coverage in the northern half of the state, as well as one office in Phoenix, Arizona. The firm emphasizes its agenda as a California-based firm representing state-domiciled clients, with most of its work taking place in the Los Angeles County Superior Court. “They represented me in litigation with charter and adult education programs,” confirms one client. “They are responsive, proactive and imaginative – and they win in court.” Firm founder and name partner Seymour “Sy” Everett is lead counsel on several cases of particular gravity to communities within the Los Angeles and Orange County areas. He represents the City of Costa Mesa, which passed an ordinance to regulate sober-living homes, as it was one of several cities within Orange County that had been plagued by unscrupulous sober-living home operators, resulting in deaths and negatively affecting residential neighborhoods throughout the area. As a result of this ordinance, the city has been targeted by eight different sober-living home operators in lawsuits filed in federal court. Everett prevailed in five cases via motions for summary judgment and, in April 2022, received a unanimous defense jury verdict in the Central District. Everett is also attending to similar litigation for the City of Orange in litigation with a soup kitchen for addicts with no interest in recovery and thus perpetuating crime and disturbance in the community. The city found itself getting sued upon terminating the soup kitchen’s license, with a federal judge stepping in and essentially denying the city’s right to manage its own property. As a result of settlement reached in May 2022, Mary’s Kitchen will be leaving the property and the City of Orange took back possession of the property in August 2022. The City has taken over provision services to the homeless at the property, in place of Mary’s Kitchen. A client testifies on Everett’s behalf, “Sy listens and is thoughtful, but he is also proactive and a strategic thinker.” Samantha Dorey, another founding and name partner, advises clients on non-litigated matters, including development of risk-management protocols and procedures related to property management and environmental issues.

Freshfields Bruckhaus Deringer is well established as a strategically connected legal force around the globe, most notably for its international arbitration practice group. It is the only one of the London-headquartered “Magic Circle” firms to have established itself as a powerhouse in litigation, as opposed to just the corporate and transactional work that is the primary driver of this prestigious group. Freshfields has further extended its reach into the US litigation space with the addition of a securities and shareholder litigation practice, which, entering only its fourth year, has already demonstrated aptitude for complex bet-the-company disputes on both the East and West Coasts. “Freshfields was able to pull a few great hires in,” observes a peer. “That firm has a huge footprint – they have a huge balance sheet, so they can afford the talent.” A client cheers the team’s “creative, focused approach to litigation,” and elaborates, “They also advise on how to avoid litigation.” The firm’s strategic hiring paid dividends once again this year when it scored a remarkable coup: Gayle Rosenstein Klein, a revered New York commercial litigation and securities star, joined the firm in August 2023.

Much of the success of the securities and shareholder group is attributable to its co-head, Meredith Kotler of the New York office, who decamped from Cleary Gottlieb to build out the Freshfields team. Kotler is regularly trusted by global institutions and corporations for her keen, sophisticated representation in financial securities-related disputes that often involve class actions as well as shareholder derivatives. “She did great,” attests one peer of Kotler’s success with business development and recruiting. “She knew who she wanted and had the Freshfields machine supporting her.” A client raves, “Meredith is extremely smart, with excellent judgment. She is very responsive and gives good, quick guidance when it is needed.”

Another key member of this team, Mary Eaton, is also generating acclaim, further elevating the firm’s securities profile. “Mary is doing 3M cases, which are pretty messy,” confirms a peer. “She was building a strong following at Willkie [Farr & Gallagher] before she moved over [to Freshfields]. She and Meredith are a pretty strong duo.” This pair successfully represented AstraZeneca, its CEO, and several other executives in a putative class action in the Southern District of New York, challenging disclosures regarding AstraZeneca’s COVID-19 vaccine, including alleged problems with its clinical trials and prospects for FDA emergency use authorization. The team scored a motion to dismiss, which plaintiffs appealed. Eaton and Kotler also defeated appointment of any lead plaintiff in a putative securities class action in the Eastern District of New York against Tyson Foods and several officers, which alleged that the clients had made false and misleading statements concerning the workplace safety policies and procedures implemented in Tyson’s meatpacking facilities in response to the COVID-19 pandemic. Movants appealed the decision denying their motion for appointment to the district court, and the Freshfields duo submitted a brief in opposition to their objections. That appeal remains pending. Eaton also has historically represented Citigroup, a client that continues to call on her services. “Mary is counsel on that ‘Oops! We meant to wire $9 million and instead wired $900 million’ case, which is a big deal,” asserts a peer.

Freshfields’ double-pronged securities offensive has been equally successful in California, where Boris Feldman, a “towering figure of the securities bar,” and Doru Gavril have established the firm’s foothold in that market. One peer testifies, “I know Boris Feldman very well. He was my mentor at Wilson Sonsini – and in fact he was the reason I went there! He has such a big name, that anchor will drop deep in the [Silicon] Valley. He is a legend out here; I will be on a bus and talk to someone about him and they will know him! He is also just a social animal, so he gets around. I also know Doru, who is great. The market out here is so huge and crowded already, but with those two at the helm, it’s a cinch for them to break into this market.” Another peer stresses, “Boris is one of the best-known lawyers in the Bay Area, and at Freshfields he is the head of technology. I think this is more what he wants to do. He’s got a real keen sense for tech and is getting more into securities cases that specifically involve this area. And he is a more senior partner, so for someone to be doing that at his age demonstrates his ambitions.” Feldman and Gavril were chosen by Rivian, an electric vehicles manufacturer, to represent it in several shareholder lawsuits and two securities class actions arising out of its March 2022 decision to reprice its consumer vehicles. Rivian shareholders filed derivative lawsuits in California and Delaware federal courts. The Freshfields duo moved to dismiss the securities class action filed in California federal court in August 2022, and this was granted in February 2023. The team filed its motion to dismiss the securities class action filed in California state court in April 2023.

While Freshfields is certainly “having a moment” in securities, it is also celebrated in other key areas. The firm’s domestic white-collar team has been particularly active of late. The global co-head of this practice, New York’s Adam Siegel, is championed as “a great talent right in that ‘sweet spot’ of having experience but still plenty of headroom.” Among several other appointments, Siegel provides extensive advice to a major global oil company across its international subsidiaries, covering internal and external investigations and significant compliance risks.

Also in New York, David Livshiz is garnering increasing acclaim for his broad-based commercial litigation practice that incorporates investigations as well as bankruptcy work. A client says, “He is incredibly responsive and practical. He has a deep understanding of our business and is commercially savvy, so his legal advice is very strategic. He does a great job of putting together and leading great teams that are tailored to the particular matter.”

Additionally, the firm is making strides in the antitrust realm, having recruited Heather Lamberg Kafele to its bench within the past year. A peer raves, “Heather was one of the best antitrust litigators at Winston & Strawn, and now she’s at Freshfields! That’s a big hire for them.”

Formidable in a myriad of practice areas, Gibson Dunn & Crutcher remains one of the most in-demand and influential firms in litigation. With offices across the country, especially in major markets, there is no shortage of nationally recognized litigators who dutifully uphold the firm’s exceptional reputation. “Gibson Dunn is doing a good job in having an array of people in a variety of cases,” sums up one contemporary, who also notes, “And it’s also cross-ideological. They have people who are more liberal and others who are more conservative, and yet they all work well together very professionally.” Already comprehensively entrenched nationally, Gibson Dunn remains in growth mode; in September 2022, the firm welcomed former Fifth Circuit judge Gregg Costa to its Houston’s office. Costa is a celebrated figure in this market and has been focused on building out that office’s civil trials and white-collar capacity.
     A diverse team that included Dallas-based partner Veronica Moyé and California’s Daniel Swanson and Richard Doren defended Apple in a high-profile and historic antitrust lawsuit filed by Epic Games, challenging the client’s business model and practices relating to its App Store and alleging violations of Sections 1 and 2 of the Sherman Act and the California Unfair Competition Law. Following a 16-day bench trial last May, the team secured several victories. The District Court upheld Apple’s core design choices at issue, and while the court imposed an injunction after agreeing with the unfair competition claims, the team successfully appealed that decision, and the Ninth Circuit Court stayed the injunction. The court also ordered the plaintiff to pay damages equivalent to 30% of the revenue it received from an unauthorized payment mechanism implemented in its Fortnite app without Apple’s consent. The case, referred to colloquially as “the World War III of antitrust” is now on appeal but “Round One” was a decisive win for the tech giant with counsel from the Gibson Dunn team. Doren was specifically mentioned for his work and demeanor as an opponent in the Epic case. “I found him incredibly easy to deal with – he was a gentleman,” they said. “He tells a story, keeps his eye on the ball, and lets things go when you should let them go – really enjoyed being in the courtroom with him every day.” Two of the other partners on the case are nationally recognized for their antitrust expertise: Swanson is a national antitrust star and Moyé continues her reign in the Top 250 Women in Litigation.
     Gibson Dunn has a long and storied history of dominance in the appellate arena, and this year has been no exception. “Their briefs were just so well written and terrific,” declares one appeals-focused contemporary. In April 2022, a team composed of DC appellate star Thomas Dupree and a crack duo of trial luminaries from New York, Orin Snyder and Anne Champion, secured a victory for GE, persuading the Second Circuit to affirm the dismissal of a $1.1 billion lawsuit on forum non conveniens grounds. The plaintiffs, an Angolan energy company and its subsidiary, sued GE, along with the nation of Angola and top officials of the Angolan government, alleging that three GE affiliates interfered with the plaintiffs’ relationship with the Angolan government, causing the loss of hundreds of millions of dollars in business with Angola.Allyson Ho, based in the Dallas office, triumphed for Visa, obtaining a reversal of a decision concerning a merchant of Fifth Third Bank (a member of Visa’s network) that was hacked two times in as many years, exposing millions of cardholders’ personal data, for which the merchant was slapped with a $14 million fee after an independent investigator determined the merchant violated the stated terms of Visa data-safety program. The merchant sued, alleging that this data-security program was unlawful and unenforceable, a position the trial court agreed with. Ho also teamed up with Dallas’ Trey Cox to defend Reddit in a sweeping nationwide putative class action filed in the Central District of California. Plaintiffs allege that Reddit violated state and federal law by knowingly benefitting financially from videos and images posted to Reddit’s websites featuring underage victims; violated its duty to report those materials; received and distributed child pornography; and violated California consumer protection statutes. 
     The firm’s securities capacity has been particularly active in its offices on both coasts. In California, Brian Lutz scored a victory for Meta and its senior officers in a securities case arising out of news in March 2018 that Cambridge Analytica had misappropriated Meta user data and then lied to Meta about deleting that data. In the wake of this, Meta’s stock price experienced two substantial single-day stock drops and triggered widespread Congressional, regulatory, and media scrutiny into Meta’s data privacy practices and disclosures. The Northern District of California granted dismissal, ruling that the plaintiffs failed to sufficiently allege that any Meta senior officers knew that Cambridge Analytica had lied to Meta, retained Meta user data, and used that data in connection with the 2016 US presidential campaign. In the New York office, Reed Brodsky won a victory in a hotly contested securities dispute in the Southern District of New York concerning SPACs, and also secured a dismissal of a case for Walgreens in a suit filed by the government in an attempt to enforce payment criteria for Hepatitis C drugs using the civil penalties and treble damages of the federal and state False Claims Act statutes. 
     Gibson Dunn has gained a steady profile in a host of other areas as well. New York’s Dan Thomasch, whose diverse litigation basket balances mass tort and environmental work with other practices, is commended by a peer. “He’s a former colleague, and I always thought he was one of the best lawyers I’ve run across. I think everyone who knows him would say the same thing.” Another peer insists, “You need to look more at Gibson Dunn in the international arbitration space. They actually have fewer arbitrations than other firms doing this, but their work is always of the very highest caliber.”

Greenberg Traurig is a 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.       
      William Goines is co-managing partner of the firm’s Silicon Valley office and dedicates his practice to complex commercial litigation and business disputes. Goines, along with New York-based vice-chair Richard Edlin were co-lead counsel to KT Engcore Corporation in a case against Moneual, an up-and-coming South Korean computer manufacturer that arose out of one of the largest corporate frauds ever prosecuted in South Korea. The client was positioned as an intermediary, providing certain financing support and acting as the computer manufacturer's exporter. After the two companies had worked together for several years, the Korean Customs Department and the Seoul Central District Prosecutors revealed that they had undertaken a large-scale investigation in which the founder of Moneual and his longtime associate were convicted of having run a massive scheme. It was determined that the computers that were supposed to have been shipped for seven years were, in fact, never shipped, and the entire scheme was a fraud. This matter is the first case of its kind to be tried in the United States and, after a five-week jury trial, Goines and Edlin scored a $32 million verdict and full damages awarded. In all, more than a dozen high-ranking business executives and government employees went to jail on the matter. Most recently, Goines and Edlin successfully dismissed the defendants appeal. 

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.”

Bonny Sweeney, also based In San Francisco, is also a recipient of accolades. In addition to antitrust, Sweeney attends to niche practices in sports and entertainment law as well as consumer protection and pro bono matters. In addition to acting on the plaintiffs’ steering committee on the aforementioned Blue Cross/Blue Shield case, Jones serves as co-lead counsel in a multidistrict litigation representing a proposed class of direct purchasers of industrial chemicals methylene diphenyl diisocyanate and toluene diisocyanate in claims against major industrial suppliers for conspiring to artificially inflate prices, in violation of federal antitrust law. Sweeney, meanwhile, was scheduled to head to trial in June 2021 as co-lead class counsel in a class action that alleges CVS violated six states’ consumer protection laws by overcharging insured consumers who purchased certain generic prescriptions at CVS pharmacies.

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.

Since its genesis in 2015, Los Angeles litigation boutique Hueston Hennigan has had an ascent that can only be described as astonishing. Formed by a group of commercial litigators who peeled off from California institution Irell & Manella, 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 lawyer John Hueston is a trial trailblazer who has carved himself an enviable position even among others in the elite trial lawyer circuit. “I have seen trial lawyers rise and fade but John is young and vibrant enough to be in this for the long haul,” says one peer. Hueston’s proven activity as lead counsel on a number of high-level appointments more than supports this near-unanimous view.

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 – and he has accomplished this still well before his 40th birthday. Kaba made his debut as one of the Top 100 Trial Lawyers in last year’s edition of Benchmark, 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.

Hueston and Kaba have logged substantial triumphs together over the years, and that record continues this year. Working together, they represented Monster Energy Company in a high-profile lawsuit that resulted in a ground-breaking, nine-figure verdict against competing energy drink manufacturer, Vital Pharmaceuticals (VPX) and its owner and CEO. At trial, which began in August 2022, Monster alleged that this owner and CEO built VPX by lying, cheating, and stealing – namely, advertising that his energy drink, BANG, contains creatine, a popular sports nutrition supplement known for its physiological benefits, when it actually contains “Super Creatine,” a completely different compound that VPX prominently markets as the key differentiating ingredient in BANG. Monster further alleged that VPX gained an edge on its competitors by misappropriating Monster’s trade secrets and tortiously interfering with Monster’s contracts for shelf space in retail locations across the country. This same pair also was tipped to represent CeOpCo LLC/Combs Enterprises in a dispute against Diageo North America. The dispute arises out of Diageo’s allegedly inferior treatment of the DeLeon tequila brand, which music icon Sean “Diddy” Combs launched in 2009. Diageo has failed to meet its contractual obligation to treat the DeLeon brand as favorably as other tequila brands Diageo owns, instead typecasting DeLeon as an “urban” spirit that belongs only in night clubs. A lawsuit was expected to be filed in the spring of 2023.

Douglas Dixon, based in the firm’s Newport Beach office, has also been generating a rising level of acclaim. Dixon has been particularly active in the intellectual property arena, scoring a patent win for ClearOne concerning its audio-conferencing technology. Acting with Hueston, he won a $25 million jury verdict for incubator entity Acorn Technologies against Samsung after a five-day trial in the Eastern District of Texas. The jury found that Samsung infringed all claims of all four semiconductor-related patents at issue.

Dixon, Kaba and future star Christy Rayburn obtained summary judgment of non-infringement in a patent matter asserted against Amazon by serial patent litigant MasterObjects, who sought tens of millions of dollars for Amazon’s alleged infringement.

Another future star, Joseph Reiter, acts with Kaba in representation of Kaiser in a lawsuit and related arbitration with more than $500 million at stake. The lawsuit was brought by one of the largest for-profit hospital systems in the country – HCA Healthcare – for payments Kaiser made to a group of California hospitals for emergency health services. Trial began in 2023, with the Hueston Hennigan pair eventually obtaining a favorable settlement for Kaiser.

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.

Kasowitz Benson Torres is a maverick litigation shop that has built its reputation as a formidable force, largely due to its trial-ready strategy for litigation. Leading up to trial, clients witness the team’s approach in action. “Kasowitz handles complex high-end litigation. It is a great team of lawyers who work well with each other and local counsel teams. They are extremely professional and willing to jump in on any issue or litigation task.” Although, as one peer stresses, “Kasowitz does a lot of high-risk plaintiff work,” the firm offers a comprehensive array of litigation services on both the plaintiff and defense sides of the “v.” While the firm is certainly not a conventional “Big Law” firm, it is not a boutique either – indeed, the firm’s footprint is densely concentrated throughout the country through 10 offices, strategically located in New York, Washington, DC, Miami, Atlanta, Denver, Houston, Los Angeles, Silicon Valley, San Francisco, and Newark, NJ.

While the firm’s bench is expansive in terms of practice areas and generational headroom, few would dispute that the firm’s center of gravity is founding partner Marc Kasowitz, a New York-based generalist commercial trial lawyer with an unflinching approach to litigation and a history of representing a colorful and diverse roster of clients. “Marc had the grit and vision to forge that firm,” declares a peer. “If you work there, you have to be willing to work at ‘his’ firm – it’s a benevolent dictatorship, and he is very clear about this, to be fair. But he’s a great businessman – great in the boardroom and great in the courtroom. He has a reputation for being more aggressive than he really is – he’s very smart and knows when to be aggressive and when to pull back.” Kasowitz has been representing Pilgrim’s Pride in a criminal price-fixing investigation by the Department of Justice Antitrust Division relating to the sales of broiler chicken products, after the then-current CEO of Pilgrim’s and another former Pilgrim’s employee were indicted for alleged price-fixing. Kasowitz continues to represent Pilgrim’s in cooperating with the DoJ’s ongoing criminal investigations into the poultry industry. Kasowitz also works with Mark Ressler and antitrust authority Sheron Korpus in representing Teva Pharmaceuticals in its three separate actions involving antitrust, securities, and white-collar crime.

Kasowitz’s New York office is particularly recognized for its real estate practice, which is considered to be “one of the only ones in the city handled by a deep team from a big firm.” Partner Jennifer Recine led a team that, as of September 2022, brought two years of litigation (including 15 days of trial) on behalf of BD Hotels and Chelsea Hotel Owner, owners of the iconic Hotel Chelsea in Manhattan, against NYC’s Department of Housing Preservation Development (HPD), prompted by hostile tenants objecting to the redevelopment of the hotel. Recine uncovered crucial evidence that HPD failed to turn over in discovery, resulting in HPD voluntarily dismissing the lawsuit. Ronald Rossi, who was also part of this team, is a client favorite. “Ron Rossi is an excellent litigator,” extols one. “He absorbs information and issues at lightning speed. [He] Is an excellent listener and team member. He is extremely responsive and runs an excellent team. Ron is also an excellent orator and generates both judicial and client confidence in and out of the courtroom.”

The firm is also noted for its labor and employment capacity, in which Jessica Taub Rosenberg is a frequent mention. Taub Rosenberg has represented brokerage firm Douglas Elliman for over a decade in all of its employment-related litigations, administrative claims, confidential disputes with the Real Estate Board of New York, and general litigations.

The firm’s California presence has been steadily building as well. Dan Saunders, a white-collar, commercial and employment practitioner with a particular emphasis on the entertainment industry, is called “great in arbitration and litigation in general,” according to a client. “He gives very strong opening and closing arguments, well-researched and prepared examination. He has incredible presence, very engaging and gives very well-presented arguments.”

While based in Irvine, Keller/Anderle wins acclaim from all over California and – in some cases – attends to matters that resonate nationally. The firm is specifically noted for its zealous trial-forward ethos, embodied by its founding partner and center of gravity, Jennifer Keller, a “fierce” trial lawyer. “They are an excellent firm, and Jennifer is amazing,” testifies a peer. “She gets brought in on a big case when it looks like it’s going to go to trial. They also do appellate work, but it really is more trial-centric. And they win!” Another contemporary confirms, “Jennifer can, and so often does, get parachuted in to rescue a really hot case that’s not going so well with another firm and looks like it’s going to go all the way – trials are not every firm’s forte.” Displaying a remarkable versatility in her trial prowess, and often on compressed timelines, Keller represented actor Kevin Spacey Fowler in a lawsuit filed by two plaintiffs, actor Anthony Rapp and another anonymous plaintiff, regarding alleged incidents that happened in the early to mid-1980s. The case was tried to a jury in October 2022 in the Southern District of New York. After five years of intense litigation and a jury trial, Spacey was unanimously found not liable after a mere 30 minutes. Keller is also representing Calvin Broadus – aka Snoop Dogg – against sexual battery allegations that were filed just four days before the Super Bowl where Snoop was performing with fellow rapper Dr. Dre. The plaintiff originally filed in a federal court in January 2022 – but after Keller’s two motions to dismiss, the plaintiff withdrew their complaint.

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.

A full-service firm with a national – and global – footprint, Loeb & Loeb provides a wide array of legal services through its six offices in the US and two in China. In litigation specifically, the firm has deep ties to the entertainment industry. “It’s really time to take a closer look at Loeb & Loeb,” says one contemporary. “For entertainment litigation, they are really quite dominant. They have some strong connections there, some very high-profile clients.”

     Not surprisingly, much of this is serviced by practitioners in its Los Angeles office. A team of Loeb litigators, led by partner Jim Curry, represents CBS in litigation relating to the popular daytime television program “Judge Judy,” including defending CBS against first-of-their-kind cases involving claims that a sale of a television library should trigger a “buy-out” of the profit participant’s interest. The Loeb team also previously defended CBS against a related case where a former agent and profit participant sought a declaration that Judge Judy’s salary is too high and should not be deducted as a profit participation. Curry and his team won the case on appeal of the granting of summary judgment to CBS.

     LA partners John Gatti and Lauren Fried represent Miramax and its related licensees, including Amazon and Walmart, among others, in a suit brought by a photographer that claimed to own the rights to an iconic photograph of Uma Thurman used in a poster for the movie “Pulp Fiction,” which Miramax produced. After decades of Miramax licensing the image, the photographer claimed for the first time in his 2020 lawsuit that he owned the photograph, that Miramax had no right to exploit the photo in any way, and that Miramax and each of its licensees were liable for copyright infringement. The Loeb team successfully secured an order that the photographer was late in filing any copyright registration, thereby limiting the alleged damages. Gatti and Fried also represent singer/songwriter Tracy Chapman in a copyright-infringement case based on rapper and songwriter Nicki Minaj’s sampling of Chapman’s works without permission. On summary judgment, the district court found triable issues of fact as to whether Minaj could be held liable on Chapman’s distribution claim and set a date for trial. Minaj subsequently agreed to pay Chapman the full amount of damages sought and judgment was entered in the federal court case in Chapman’s favor for nearly half a million dollars.

     Operating from the firm’s New York office, Barry Slotnick and Tal Dickstein represent a group of six music publishers in a copyright-infringement action against the owners and operators of the website Wolfgangs.com, an online collection of recordings of thousands of live concert performances. The collections consisted primarily of audio and audiovisual recordings of concert performances from the 1960s to the 2000s by artists such as the Rolling Stones, The Who and the Grateful Dead. Defendants acquired the concert recordings primarily from the concert promoters and concert venues that recorded the concerts. Defendants converted those recordings to digital format and made them available for streaming or download to subscribers of their websites. The music publishers asserted that defendants’ exploitation of the recordings constituted copyright infringement of more than 200 works to which they owned the copyrights. Dickstein and Slotnick also defended UMG Recordings, PeerMusic and Warner Records, the publishers and record labels for the hit song “You Raise Me Up,” which was initially released by the Irish band Secret Garden in 2001, and then released by the US performing artist Josh Groban in 2003. The plaintiff, an Icelandic songwriter, claims “You Raise Me Up” infringes an Icelandic song titled “Soknudur.”

For a firm not exclusively dedicated to litigation, Paul Weiss continues to be “the gold standard” in this capacity. One peer quips, “[It’s] 2023 and we’re still referencing Paul Weiss as being at the top. They’re nothing if not consistent in that regard.” Another opines, “I think Paul, Weiss might be the best law firm in the country.” Elaborating further on these glowing accolades, one contemporary explains, “What’s most important to me is that whosever is across the table, it doesn’t have to be a personal fight. We’re all professionals, member of the same bar, ultimately out to achieve the greatest results for our clients. Paul Weiss lawyers are strong advocates but also very professional. They don’t ‘live for battle,’ just for great advocacy.” The firm’s litigation capabilities extend across virtually all major commercial practices, with star power at all levels within each of these, and the firm shows no signs of slowing in its agenda of recruiting and grooming this talent. Historically an East Coast powerhouse, the firm has since entrenched itself in the California market with the January 2021 addition of a San Francisco office, spearheaded by Melinda Haag and Walter Brown, two leaders in the white-collar area. The traction that this office has achieved in this market has been remarkable and has catapulted the firm quickly into the “Highly Recommended” category in the Golden State. 
     This build-out in California came hot on the heels of the 2020 coup of luring antitrust specialist Bill Isaacson and all-purpose trial luminary (with substantial experience in the antitrust area) Karen Dunn to the firm’s DC office. In addition to steering Amazon through a maze of matters in this area, this duo, as co-counsel, achieved a major trial victory in September 2021 for Apple in its high-profile, closely monitored and hotly contested dispute with gaming entity Epic, maker of the popular “Fortnite” game. This case, summed up by one observer as “the World War III of antitrust” found Epic taking aim at Apple’s App Store business model, particularly concerning the commission Apple charges for app payments made on iOS devices. In August 2020, Epic announced that it would offer a direct payment option for in-app purchases, which prompted Apple to remove the Fortnite app from the App Store, as Apple App Store policies explicitly prohibit direct payments for app purchases of digital content on iOS devices. While the matter has since been appealed, the favorable trial verdict went to Apple. Dunn enjoys another year as one of Benchmark’s “Top 250 Women in Litigation,” and has even made a return to the elite “Top 10” category. She makes another appearance on Benchmark’s “Top 100 Trial Lawyers” list, a coveted position.
          Peers are nearly unanimous in their crediting of New York’s Brad Karp for fostering this culture of hiring and retaining top talent. Karp, a media-savvy practitioner who is equally at home with the press, the C-suite and the courts, remains the firm’s chairman (a post he has held since 2008) and is also still a renowned securities advocate. “I honestly don’t know how he does it – does he ever sleep? – and also remain a total ‘mensch’ all the while,” marvels one peer. Another quips, “A colleague of mine was bragging about how much he works, and then when he told me the number, I laughed and retorted, ‘That’s about a third of the hours Brad Karp logs per year!’” Citigroup is a blue-chip client of the firm, and Karp in particular. “I’m sure it’s no exaggeration to say they’ve got him on speed-dial plenty,” quips a peer. Karp and Susanna Buergel, a frequent lieutenant on securities cases, represent this client in several ongoing qui tam lawsuits alleging that the client set rates in an aggregate process (termed by the plaintiff as “robo-resetting”), which violates the fraud statute in the states in which these cases were brought. The New York office is also home to the firm’s “A-list” trial lawyer, Ted Wells, a perennial and universal favorite. “Paul Weiss has superior talent across the board but when it comes to trial work, it’s Ted – period.” While peers admit that Wells “will be impossible to replace,” several do concede, “They are trying to get others up in the ranks, and people like Roberto Finzi and Lorin Reisner are stepping up to the task.” A peer assesses, “Following in the footsteps of someone like Ted Wells is a daunting task – massive shoes to fill! – but they are doing a great job.”
     Peer plaudits are equally rich for Paul Weiss’s more “next-generation”-level talent as well. “I’m a big fan of [New York’s] Audra Soloway,” attests one contemporary. “She covers the waterfront in securities, very diverse in this area – including SPACs! – and does some investigations and white-collar work as well.” Another peer weighs in for Greg Laufer, another New York partner with a broad commercial practice that encompasses bankruptcy. “I’m working with him on the Diamond Sports Group bankruptcy,” confirms one peer. “I’ve seen him do a lot of depositions.” Also in New York, Brette Tannenbaum is referenced as “very capable,” with one peer noting, “She just recently made partner, and she just joined the Paul Weiss team in the credit-card cases.” This referred-to matter was a major victory in March 2023 for client Mastercard in an 18-year-long class action over the fees charged to retailers accepting payment cards from Mastercard and Visa. Nearly a year after Paul Weiss gave oral arguments on behalf of the settling group of payment card companies and card-issuing banks, the Second Circuit upheld a $5.6 billion settlement approved in 2019 with a nationwide merchant class, allowing the settlement to finally be implemented. Originally taken on by DC antitrust-focused partner Ken Gallo, he was joined on the appeal by DC “appellate whiz” Kannon Shanmugam.

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. In the latest chapter of this saga, in March 2023, the firm team prevailed in litigation against the Governor and Legislature of Puerto Rico seeking to nullify a statute that made numerous, sweeping changes to the employment laws in Puerto Rico and imposed significant restrictions on private employers in violation of the Oversight Board’s certified Fiscal Plan. Because the Governor violated PROMESA by failing to submit required evidence showing that the statute was consistent with the Fiscal Plan, the Court nullified the law. The Governor and Legislature have filed urgent appeals to the First Circuit, and the Legislature and Governor have both sought stays of the District Court’s ruling. Also in March 2023, the Proskauer team achieved a significant victory on behalf of the Oversight Board in ongoing litigation regarding bonds issued by the Puerto Rico Electric Power Authority, the sole electricity provider on the island.
     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. Williams is trial counsel for Gilead Sciences in several high-stakes matters. One involves thousands of California state and federal product liability actions brought by approximately 20,000 plaintiffs related to Gilead’s life-saving HIV prevention and treatment drugs. The cases allege that Gilead was negligent in its development of certain of these drugs and that they were defectively designed and failed adequately to warn about the increased risk of potential kidney disease and bone injury that could result from use of these medications. The first federal bellwether trial is set for January 2024. In another matter, Williams scored a landmark win for this same client, securing a significant trial victory 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.

     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. Another DC-based antitrust co-chair, Colin Kass represents Bright Data, a web data service with a specialty in artificial intelligence, in its multi-jurisdictional litigation against social media behemoth Meta, who, in December 2022, issued a cease-and-desist notice against the client, claiming that its user terms prohibit scraping its websites. The duo of Ondeck and Kass worked in tandem on yet another poultry-related antitrust matter on behalf of Butterball in a case involving an alleged information exchange conspiracy. Plaintiffs, turkey purchasers, allege that major turkey producers around the country, including Butterball, fixed prices, agreed to reduce output, and exchanged confidential information through Agri Stats, a subscription benchmarking service, in order to curb supply and raise the price of turkey to artificially high levels.

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.

Intellectual property and commercial litigation boutique Reichman Jorgensen Lehman & Feldberg has made a notable impression on the legal community in fairly short order. Formed as Reichman Jorgensen in 2018 upon the departure of trial luminary Courtland Reichman from McKool Smith in order to launch this venture, the firm underwent a branding overhaul in 2021, continuing to build upon its pedigree and swiftly rising market profile. A peer marvels, “They started national. And yet they are still lean and nimble.” Another notes, “They are known for doing a lot of IP work but it’s more than just standard patent cases – it’s more diverse, with a lot of it crossing over into antitrust and even bankruptcy.”

It is also a majority women-owned firm, with only two male partners, and, most notably, it has focused on fostering a trial-forward agenda. Peers address the firm as “smart and hungry.” A client testifies, “The firm does an exceptional job preparing complex technical cases for trial before a lay jury. The firm also uses technology such as internal databases well to disseminate relevant information to the entire team quickly, which is exceedingly important in a fast-moving yet complex case.” The firm’s unique structure – a litigation boutique that spans a national footprint – was amplified further this year when its network of offices (which include Silicon Valley, Washington DC, Atlanta and New York) and its team was enhanced by yet another female partner, Texas trial lawyer Amy Ruhland, who joined the firm in August 2023 from DLA Piper and effectively launched a new Reichman Jorgensen office in Austin.

Reichman, based in the firm’s Silicon Valley office and the firm’s managing partner, is revered by peers as “a trial veteran, which is unique at his relatively young age, but not that surprising, seeing as how he got his chops through his time at McKool.” A client calls him “a strong advocate and a true trial lawyer,” and goes on to quip, “I only wish there more of him.” Reichman secured an $84 million willful patent infringement verdict on behalf of Cirba (dba Densify) against tech giant VMware. The verdict was announced in May 2023, following a five-day jury trial. Acting with Reichman on this matter was DC managing partner Christine Lehman, who has her own set of vocally appreciative clients. One calls Lehman “exceptional at separating the wheat from the chaff’ and applauds her “laser-like focus on the important stuff without sweating the small stuff.” Reichman and Lehman also secured a $15 million patent infringement verdict on behalf of Droplets against tech giant Yahoo! in March 2022, following a three-week jury trial and, a year later, won post-trial motions, with the verdict upheld and an additional $12 million in pre- and post-judgment interest ordered, for a total award of $27 million for the client.

Michael Feldberg, based in the firm’s New York office, has the firm’s most recent trial victory, logging a major win in July 2022 when a jury rendered a not-guilty verdict that acquitted the firm’s client, a former director at Pilgrim’s Pride, one of five poultry industry executives ensnared in a criminal antitrust case brought by the Department of Justice concerning an alleged scheme to fix prices and rig bids for chickens sold to grocery stores and restaurants between 2012 and 2019. The verdict in this long-running case comes after two mistrials in December 2021 and a hung jury in March 2022.

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 Bhatiasecured 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 global business firm, Willkie Farr & Gallagher has been steadily increasing its litigation profile in both market share and in a literal headcount and geographic footprint sense. “I would have no hesitation sending anyone to Willkie,” insists a peer. “They are a firm on the rise.” 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 an observation on 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, the office’s managing partner Alex Weingarten is a peer favorite. “Alex was at Venable before moving to Willkie,” states a 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 for nearly a decade has represented the co-trustee of a family trust who was embroiled in a long-running, multi-generational family dispute concerning who was behind a conspiracy to steal tens of millions from the trust, built by the Chinese immigrant grandparents through a successful real estate venture. After reaching a settlement in 2018, in which the trustee’s mother essentially agreed to forfeit $30 million due to the likelihood of her being behind the conspiracy, the mother then changed her mind and spent four years attempting to void the settlement. In March 2022, Weingarten triumphed in convincing the California Court of Appeal to enforce the settlement. A peer also notes that multi-faceted commercial litigator Simona Agnolucci “left [revered San Francisco litigation boutique] Keker [Van Nest & Peters] to open Willkie’s San Francisco office. She’s a player.” Working on a team with DC’s Michael Gottlieb and Mark Stancil, Agnolucci secured a decisive victory in the US District Court for the District of South Carolina in obtaining a dismissal of nationwide class claims brought against Navy Federal Credit Union, a federally chartered, member-owned, not-for-profit credit union serving the military, veterans, and their families. A federal class action was first filed in the Southern District of California, alleging on behalf of a nationwide class that Navy Federal breached its agreement with certain of its customers by charging debit card users a small fee for certain overseas transactions. After Willkie filed Navy Federal’s motion to dismiss, the plaintiff voluntarily dismissed her complaint. Almost in parallel, another nearly identical lawsuit was filed by different plaintiffs in the District of South Carolina, which met with a similar voluntary dismissal. Willkie’s hot streak in recruiting continues; this past year the firm lured Koren “Kori” Bell, a celebrated white-collar crime-focused partner formerly with local boutique Larson, to its bench. A peer also insists, “Let’s talk about [San Francisco-based IP-focused future star] Barrington Dyer – he’s great!”

Willkie’s insurance practice has made a substantial rise as well. A peer advises, “Look into Christopher St. Jeanos – ask around about him! He’s a stand-up lawyer, 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.” Another testifies that St. Jeanos is “doing AIG work and all the Marsh work, and he is at the upper echelon in terms of quality.” St. Jeanos and long-time insurance star Mitchell Auslander (both based in the New York office) obtained a significant victory for AIG in litigation concerning McKesson, one of the leading distributors of prescription opioids in the US and a target of the sweeping litigation against all entities in the chain alleged to have contributed to the national epidemic. McKesson, which recently agreed to contribute $7.4 billion to settle thousands of opioid lawsuits brought by government bodies across the country, sought coverage from AIG for its defense costs, judgments, and settlements incurred in the opioid lawsuits. At issue in the litigation are AIG policies with $375 million in total policy limits. The Willkie duo scored when the Northern District of California held, for the first time, that a wholesale drug distributor’s conduct in distributing opioids was not an “accident,” and therefore not covered under commercial general liability policies issued by AIG. The same pair also logged victory for this same client in similar claims brought by Purdue Pharma. 

New York-based securities partners Todd Cosenza and Tariq Mundiya are representing Curo in a shareholder-derivative suit regarding the company’s plans to transition Canadian borrowers from one type of loan to another. The derivative litigation is follow-on litigation from a 10b-5 case in the District of Kansas that has settled. Individually, Cosenza recently achieved a significant win, obtaining dismissal of a derivative action against the independent directors of Wells Fargo in a case arising out of alleged failures by Wells Fargo and its board to comply with several consent orders issued by banking and other federal regulators in the aftermath of the financial services company’s high-profile 2016 customer account fraud. Mundiya defended Resideo Technologies against claims arising from Honeywell’s 2018 spin-off of Resideo and the earnings guidance provided in 2019, upon which Resideo’s stock price fell precipitously, leading to class-action litigation in Minnesota and derivative litigation in Delaware. “Tariq is very good on the M&A side of things,” confirms a peer.

The chairman of the Chicago office, Craig Martin, 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, quasi-white-collar work, intellectual property, and pro bono human rights issues. “Craig brought over a team from Jenner with him to Willkie and he’s been very successful.”

      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.

Boston-based trial lawyer Bill Lee is of the most accomplished litigators in intellectual property. He continues to add to his enviable list of milestone patent wins, which have earned him a long-standing reputation in the practice area. In these high-stakes cases, he is well known for his distinguishing ability to translate his encyclopedic knowledge into comprehensive arguments that sway judges and juries. Lee and Denver’s Mary “Mindy” Sooter obtained a damages-less win for Comcast in a patent infringement lawsuit brought by NextStep. Last September in Delaware, the federal jury found in favor of the client on two of the challenged patents, and returned a “doctrine of equivalents” infringement verdict on the last patent. Sooter and Lee secured the zero-dollar victory with a granted motion to preclude the plaintiff’s damages case.

In the appellate arena, Lee also obtained positive results working with appellate expert Seth Waxman of the DC office. The duo represented Abbott Laboratories and AbbVie against the Federal Trade Commission (FTC) before the Court of Appeals for the Third Circuit. The FTC filed a case alleging that the lawsuits filed by AbbVie against Teva and Perrigo were shams, thus violating the FTC Act. The District Court granted summary judgment in favor of the FTC, which AbbVie appealed. The Third Circuit in parts affirmed, reversed, and vacated the District Court’s decision. Notably, the appellate court held that its lawsuit against Teva was not a sham, and the court vacated the disgorgement award. On the Perrigo matter, the Third Circuit upheld the District Court decision that the suit was objectively baseless, which Lee and Waxman challenged in a petition for certiorari that was denied. However, in a complete victory, the FTC dropped the entire case.

Waxman serves as chair of the firm’s appellate and Supreme Court litigation practice, with, as one peer notes, “an army of talent behind him”. Such talent includes Noah Levine, who represented the Federal National Mortgage Association (Fannie Mae) in a putative class action challenging non-judicial foreclosures in Rhode Island, arguing that the client and co-defendant violated the Due Process Clause as plaintiffs also argued that the defendants should be considered government actors. The District Court rejected both arguments, dismissing the complaints. On appeal, the First Circuit upheld the decision, securing a win for the client.

In New York, commercial litigator Hallie Levin obtained a win for T-Mobile in a five-day bench trial before the Delaware Court of Chancery. The trial arose from a settlement agreement between T-Mobile and Cox Communications that concluded a patent infringement case. In the agreement, Cox agreed that should it begin offering retail customers wireless services, it would be done in accordance with a wholesale wireless agreement with Sprint, which T-Mobile acquired. Cox and another mobile network later entered into a wholesale wireless agreement, and sued the client last January, arguing that the provision was unenforceable. Acting on behalf of T-Mobile, Levin filed counterclaims and requested an injunction to enforce the exclusivity obligation. The District Court found that Cox had breached the agreement and the provision was enforceable. The court issued an injunction preventing Cox from offering mobile services with any other operator.

On the West Coast, Sonal Mehta is continuously recognized as a top-tier litigator in the IP space, especially for her role representing titans of the life sciences and technology industry. Recently, she represented Ionpath, a venture-backed start-up by three Stanford professors who sought to commercialize their technology for biological tissue analysis, against competitor Fluidigm. The Northern District of California, in an accelerated patent “showdown” procedure, ruled Ionpath did not infringe the “showdown” claims. After the decision, Fluidigm dismissed its interference with contract claims, and later the plaintiff dismissed the rest of the claims in its appeal. The matter closed confidentially.

Founded in 2019 as a boutique dedicated to commercial and employment litigation, Berman North has risen as a formidable opponent against nationally recognized litigators and firms in California courts. The firm is home to Stacy North and Scott Berman, both of whom bring extensive experience and expertise in employment law and litigation. North handles unique cases on both sides of the “v”, mostly representing individuals against former or current employers.  North also defends clients against employers in employee mobility and restrictive covenant cases. Over the last year, she has obtained favorable rulings and settlements for clients. In one recent matter, she successfully defeated a motion to compel arbitration on behalf of her client. Scott Berman’s practice is a fusion of employment and business litigation. Like North, he also represents clients in either a plaintiff or defendant capacity, and additionally, represents companies in his business litigation practice, giving a well-rounded perspective to clients seeking employment counsel. Berman’s recent casework in the employment space has largely focused on retaliation and wrongful termination cases, as well as wage and hour related disputes under state and federal laws.  

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.

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.

The deRubertis Law Firm was founded by David deRubertis as a boutique litigation firm representing plaintiffs in employment litigation, among other areas of practice. As an employment litigator, he brings cases on behalf of clients in both single plaintiff and class action matters. deRubertis has represented plaintiffs in high-profile cases against household name companies, including a recent equal pay case that has garnered significant media and public attention. Over the last year, he has handled several arbitrations, obtaining awards of over one million dollars.