WilmerHale is a leading, full-service international law firm with 1,000 lawyers located throughout 13 offices in the United States, Europe and Asia. Our lawyers work at the intersection of government, technology and business, and we remain committed to our guiding principles of:
Litigation & Trial:
Our lawyers have played an integral role in many of the most significant cases across the globe over the past several years, including internal and governmental investigations; patent, copyright and trademark cases; regulatory, government and public policy disputes; securities class action lawsuits; and federal and state appellate cases. Clients rely on our strong understanding of their industries and business goals, pragmatic and clear advice—even in the midst of complicated issues, complex legal and regulatory regimes, and high-stakes decisions—and ability to deliver practical solutions to real-world problems. Our cases and achievements cut across the litigation spectrum, and we have experience across industries, including aviation; bankruptcy and commercial; communications; defense and national security; government contracts; energy, environment and natural resources; financial institutions; labor and employment; technology; and trade.
WilmerHale’s elite lineup of intensely smart, battle-tested litigators can face down any adversary in the courtroom and win. We combine a mastery of proven trial techniques with the intellectual depth to tackle the most novel and complex legal challenges. Because we draw from a deep pool of talent across multiple regions and disciplines, we can handle cases of any scope or subject matter, in any jurisdiction. In trial after landmark trial, our gift for strategy, and for drawing cogent themes and narratives from even the most impenetrable facts and points of law have won us countless victories and earned us the respect of judges, juries, clients and competitors. In trial after landmark trial, our gift for strategy and our ability to draw cogent themes and narratives from even the most impenetrable sets of facts and points of law have won us the respect of judges, juries, clients and competitors across the United States and internationally.
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Updated Sep 2023
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We are 800+ lawyers serving clients from 12 offices located in the leading financial and business centers in the Americas, Europe and Asia. The world’s leading organizations, companies and corporations choose us to be their representatives in their most critical situations. But more, they consider Proskauer a strategic partner to drive their business forward. We work with asset managers, major sports leagues, Fortune 500 companies, entertainment industry legends and other industry-redefining companies.
Proskauer’s Litigation Department wins make-or-break cases, changes laws and establishes precedents. Our litigators cover the full spectrum of complex commercial litigation practice areas, including: antitrust, asset management, bankruptcy, copyright, false advertising, insurance recovery, patent, privacy and cybersecurity, products liability, real estate, international arbitration, securities, sports, trademark and white collar. We are also known for our appellate practice, which handles appeals in federal and state court, and advises on trial issues.
Proskauer’s 150+ litigators have built a track record of success both inside and outside the courtroom. We pride ourselves on being trial lawyers, and we have extensive experience trying cases before juries, judges and arbitral tribunals throughout the U.S. and abroad. Where appropriate, we embrace alternative dispute resolution and have achieved significant success resolving challenging matters for our clients.
Our lawyers include former senior government officials and prosecutors with formidable trial and regulatory experience. Our litigators have served as the U.S. Attorneys for New Jersey and the Southern District of Illinois; chiefs and deputy chiefs of divisions of U.S. Attorney’s offices in New York and the District of Columbia; General Counsel of the SEC; New York Deputy Attorney General; the Corporation Counsel of the City of New York; and clerks for justices of the U.S. Supreme Court.
Our litigators have consistently earned top rankings from Chambers and The Legal 500, U.S. News Best Lawyers, Daily Journal, Los Angeles Business Journal and The American Lawyer. The Firm was also noted in the New York Law Journal as a General Litigation Finalist for Litigation Department of the Year.
Select recent representations include:
Lead outside counsel to the Financial Oversight and Management Board for Puerto Rico. The Oversight Board was created under PROMESA, a federal statute enacted in 2016, to oversee the restructuring of Puerto Rico’s finances. The Oversight Board represents the Commonwealth and related public entities in the largest ever municipal restructuring in the United States. Puerto Rico had approximately $74 billion of bond debt and $55 billion of underfunded public pension liabilities. The litigations surrounding Puerto Rico’s fiscal crisis, pending in the District of Puerto Rico, likely represent the single most active docket in the federal courts over the last six years. This is the first territorial debt restructuring in the history of the United States, which put an end to its bankruptcy, while cutting billions in debt and fixing a broken pension system.
Secured a decisive victory for Gilead Sciences in a $3.6 billion antitrust case on allegations that the pharmaceutical company struck an anticompetitive “pay-for-delay” patent settlement related to two HIV medications. A jury in the U.S. District Court for the Northern District of California delivered a full defense verdict following a six-week trial. The verdict affirms that a 2014 patent settlement between Gilead and Teva did not violate antitrust law and was not a reverse payment.
Lead counsel to Miramax in a groundbreaking lawsuit against director Quentin Tarantino, involving allegations of intellectual property infringement and breach of contract related to the offering of non-fungible tokens (NFTs) for the film Pulp Fiction. The team achieved a pioneering copyright settlement, marking the first of its kind involving NFTs.
Lead trial counsel for Gilead Sciences in various California state and federal product liability actions brought by ~17,000 plaintiffs related to Gilead’s HIV prevention and treatment drugs. The cases allege that Gilead drugs 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 its highly effective and FDA-approved HIV medications.
Lead counsel for the National Football League in actions filed by apparel distributors and NFL merchandise purchasers in federal court in New York alleging that the NFL’s agreements with Fanatics, Inc., a manufacturer, supplier and distributor of licensed sportswear and merchandise, violate state and federal antitrust laws.
Defense of Major League Soccer against a federal lawsuit brought by the North American Soccer League against MLS and the US Soccer Federation following US Soccer’s decision not to sanction NASL as a Division II professional league for the 2018 season. NASL alleges that MLS and U.S. Soccer are engaged in an antitrust conspiracy to ensure that MLS is the sole Division I soccer league in the United States, and further alleges that MLS is an illegal monopoly in violation of the Sherman Act.
Complete victory at summary judgment on behalf of Wayne Farms in the broiler chicken litigation, one of the largest U.S. antitrust cases after seven years of litigation. The plaintiffs alleged that the top 21 chicken producers in the U.S. unlawfully agreed to work together to reduce the supply of chicken over a 10-year period as part of a two-hub conspiracy. The court granted summary judgment in favor of Wayne Farms and 6 other defendants, and also granted our motion to eliminate two of the three hubs of the conspiracy alleged by the plaintiffs.
Secured a significant victory for Shamrock Capital Advisors, in a high-profile case brought by founders and other minority shareholders of bookmaker and fantasy sports provider, FanDuel, a portfolio company of Shamrock. FanDuel’s founders and other minority shareholders alleged breach of fiduciary duty, aiding and abetting and unjust enrichment claims against Shamrock, a preferred shareholder in FanDuel, and other defendants. In a $1 billion lawsuit, the founders and early employees of FanDuel claimed that certain directors undervalued the company during its merger with European sportsbook Paddy Power Betfair.
Representation of ATP Tour and WTA Tour on a myriad of issues, including:
Updated Sep 2023
Mintz is a leading national law firm with more than 500 diverse and talented attorneys working to provide our clients with unmatched legal advice in the global market’s most competitive industries. Ours is a firm built on excellence and driven by change. We create breakthrough legal strategies that help clients solve problems and forge ahead. Through a combination of legal and business insights, we have continuously helped our clients navigate shifting challenges, comply with evolving regulations and compete in emerging markets.
To ensure our clients continue to see excellent results, we emphasize talent retention through the mentorship of our world class associates and a commitment to a diverse and inclusive culture. As such, we are able to integrate a full spectrum of viewpoints into all that we do, recognizing that a range of perspectives drives the best legal solutions.
We have one of the largest and most distinguished litigation practices nationwide, with a deep bench of trial lawyers and regulatory experts who cover all aspects of complex business litigation. Our attorneys approach problems with an aggressive drive and a strong sense of doing what’s best for the client. While our litigators are experienced trial lawyers who are fully prepared to take every case to trial, we keep a singular focus on the client’s business objectives in every case to make sure that the litigation strategy will help achieve those objectives, and employ tactics designed to achieve successful, early resolutions of cases wherever possible.
Central to our approach is immersing ourselves in our client’s business and tackling problems as if they were our own. We strive to be the leading legal counsel in our client’s industries — dedicating ourselves to developing the canny, insider insight needed to create successful, nimble strategies. Clients trust us with their most complex litigation issues because we approach problems with the understanding that each business has its unique challenges and characteristics. As litigators, we work closely with our colleagues in other disciplines to advise on key legal and industry matters that can impact a client’s dispute resolution. This collaborative, holistic approach allows us to ensure that we are leaving no stone unturned when it comes to crafting the best strategy for our clients’ businesses.
At Mintz, we understand that litigation is our business, not our client’s and that with each new engagement we must work to earn our reputation for excellence. Our top tier team of attorneys focuses on delivering prompt, high quality resolutions for our clients so that they can continue to compete above the rest, today and down the road.
Updated Sep 2022
Founded in 1982, Berman Tabacco is a national law firm with offices in California and Massachusetts. The firm has devoted its practice to complex litigation, primarily under the securities and antitrust laws, as well as related services requested by and provided to its institutional clients. The firm also has an active whistleblower practice, among others.
Securities Litigation: Berman Tabacco has over 40 years of securities-litigation experience and has represented public pension funds and other institutional investors in that area since 1998. The firm has prosecuted some of the largest securities cases and has recovered billions of dollars on behalf of investors. Indeed, Berman Tabacco appears as one of the firms with the most settlements on the list of the top 100 largest securities class actions in ISS Securities Class Action Services’ published report, Top 100 U.S. Class Action Settlements of All Time (as of 12/31/2022). The firm has successfully prosecuted and recovered billions of dollars for defrauded investors in some of the most significant shareholder lawsuits of the last 20 years, having been appointed as lead or co-lead counsel in more than 100 actions. Selected successes include:
Berman Tabacco’s dismissal rate for cases brought under the federal securities laws is less than half the overall dismissal rate for such cases (based on the reported dismissal rate by one authoritative study. Securities Class Action Filings: 2022 Year in Review, pp. 22, 34 (Cornerstone Research 2023). The firm serves as monitoring, evaluation, and/or litigation counsel for over 100 institutional investors, which includes 17 statewide public employee retirement systems with more than $50 billion in assets.
Antitrust Litigation: Berman Tabacco’s antitrust practice also has a national reputation for prosecuting class actions that involve anticompetitive conduct and conspiracies to fix or maintain prices. Over the years, the firm has played a major role in the prosecution of numerous landmark antitrust cases and has been at the forefront of some of the largest antitrust settlements—recovering over a billion dollars for class members and changing business practices of defendant companies. The following are examples of the antitrust group’s efforts:
Whistleblower Representation: Berman Tabacco’s whistleblower practice group assists individuals wishing to expose fraud perpetrated against the federal government, states, and corporations, working to obtain the compensation and protections afforded by the False Claims Act, the U.S. Securities and Exchange Commission Whistleblower Program, the Commodities Futures Trading Commission Whistleblower Program, and the Internal Revenue Service Whistleblower Program. Berman Tabacco helps whistleblowers engage appropriate government entities to right wrongs—enforced either by those agencies or through separate litigation. In April 2021, the SEC awarded over $50 million to joint whistleblowers represented by the firm. It was the second largest whistleblower award by the SEC when it was made.
Updated Aug 2023