Texas

Dallas-based Bailey Brauer is a litigation boutique equipped with the expertise to litigate an array of practice areas, including antitrust, appellate, business torts, class and collective actions, complex commercial litigation, products liability, employment, trade secrets and wrongful death claims. Name partner Clayton Bailey stands as one of the top trial and appellate lawyers distinguished for litigating complex tort and commercial matters, as well as putative antitrust class actions. Bailey is one of a handful of lawyers in his age bracket with experience representing clients on both plaintiff and defense sides of the aisle. His clients come from a wide variety of industries, recently including a former professional coach of Major League Soccer’s Real Salt Lake club and one of the largest chicken producers in Mexico, Pilgrim’s Pride Corporation.  

Bradley is a long-time leader in the southeast of the country, with roughly half of its force dedicated to litigation. The firm’s headquarters in Birmingham, Alabama has the largest concentration of its litigators, trailed by its Jackson, Mississippi and Nashville, Tennessee offices. Bradley’s acclaimed product liability practice garnered it national recognition, and is still a prized practice, along with commercial and appellate litigation, which have risen to prominence as well.

     The firm has several lawyers who have mastered the art of handling mass torts and multidistrict litigation. Product liability expert David Hymer has been the co-lead counsel defending CVS Health in a series of opioid-epidemic lawsuits nationwide.  He has been leading the team on five bellwether cases related to the MDL proceeding pending in the Northern District of Ohio. Hymer's team is responsible for overseeing document production efforts across all cases. Lindsey Boney has recently been leading clients in the life sciences industry through multidistrict litigation. Boney and fellow expert in product liability cases Kim Martin were lead counsel to Wyeth (whose parent company is Pfizer) in a case alleging that it engaged in off-label promotion of its prescription medicine amiodarone. Boney led oral argument before the First District of the California Court of Appeal, which published an opinion of its affirmed dismissal.

     Martin, partner in the Huntsville office, and Birmingham partner Leigh Anne Hodge are both nationally recognized as product liability authorities. Along with Jackson, Mississippi partners Will Manuel and Margaret Cupples, they lead the teams in the high-profile 3M multidistrict litigation regarding its allegedly defective earplugs. Manuel and Cupples are leading teams in the MDL consolidated in the Northern District of Florida, where they have been handling depositions and discovery. Cupples serves as national writing counsel for the team. Martin and Hodge have been leading the Case Specific Expert Team, which has been supervising a team of more than 20 of the firm’s lawyers to handle expert reports and depositions, including coordinating with ENT experts for plaintiffs across the 121 cases the team is responsible for handling in Waves 1 and 2. Martin, Hodge, and Manuel specialize in other areas in addition to product liability. Martin’s practice also includes white-collar crime and False Claims Act litigation, in which she recently obtained a dismissal in a case. Hodge serves as the firm’s co-chair of the litigation group and has developed expertise in handling matters on behalf of the healthcare industry. She recently handled a number of cases on behalf of Fresenius, litigating an array of matters from product liability mass tort to medical malpractice lawsuits. She is additionally lead on ERISA [DJ1] cases, currently handling a case on behalf of MetLife. Manuel represents an accounting firm, Horne, in a bankruptcy-related case alleging professional liability claims after farmers sold grain to the now-insolvent grain dealer Express Grain Terminals (EGT). Owing to EGT’s bankruptcy, declared after the sale, the farmers were not paid or were drastically underpaid and have since filed lawsuits against the client and the company’s bank.

     Birmingham partner Anne Marie Seibel has maintained a nationwide practice that involves class actions and multi-plaintiff commercial disputes. As of late, she has been defending Priceline against lawsuits challenging the tax services provided by online travel companies like Priceline. After the pandemic, two cases were filed, framed as False Claims Act lawsuits. Seibel removed one to federal court, and one remains in state court, involving issues of first impression for the Nevada False Claims Act. Seibel secured a summary judgment ruling in the federal court case.

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.”

Texas litigation boutique Hicks Thomas operates its trial acumen out of its Houston headquarters and additional offices in Austin, Amarillo and Beaumont. The firm’s focus on litigation, developed over 25 years, has expanded its capabilities across practice areas. “There is not really any type of litigation in Texas which I would not consider using them for,” says a client. Its bench strength and business-savvy approach is also complimented by a client. “They were very easy to work [with], prepared and effective,” the client notes. “Most importantly, they never lost sight of the business realities that needed to be taken into account in resolving the litigation.”

     Co-founder of the firm John Thomas is a leading litigator with a diverse history of cases including commercial, intellectual, oil and gas, and environmental litigation. He has been the lead partner handling a series of cases for Mattress Firm. Thomas is currently engaged in representing former executives and developers in a lawsuit arising from a multi-year fraud, bribery and kickback scheme which involved the senior management of a retail company, real estate brokerage firm and multiple developers. The case has garnered significant press and media attention. Beaumont-based partner Jay Old is recognized for his vast experience and capability across practice areas, including insurance, product liability, professional liability, healthcare, and construction litigation. Old and lead partner Courtney Ervin are representing a well-known insurance company in a complex coverage case challenging what constitutes financial losses under commercial general liability policy. This year, Ervin was elevated to “Litigation Star” status. Her focus on commercial and business disputes is coupled with an emphasis on resolving matters on behalf of clients in the energy and construction fields. Ervin represents Southcross Gulf Coast Transmission in its lawsuit against Max Midstream Texas after the defendant refused to make payments pursuant to the purchase agreement for the Karnes-Wharton-Refugio pipeline. The case is currently pending. Meanwhile, in a separate area of practice, Ervin represents Valaris in a maritime law dispute challenging fault and causation for accidents at sea.

     An accomplished commercial litigator of the Houston office, Robin Harrison receives compliments from clients for his trusted representation and his depth of expertise. “Robin is a very smart and talented litigator,” describes the client. “He is calm in all circumstances and his experience allows him to handle cases efficiently and with less strain on the client.” Harrison acts as lead trial and appellate lawyer representing GPH in its suit against Benelux Cosmetics and Anviri Cosmetics alleging breach of contract, conversion, and business disparagement claims. Defendant Benelux filed counterclaims alleging breach of contract, breach of warranty, fraud and deceptive trade practices. On appeal at the 14^th Court of Appeals in Houston, Harrison reversed the jury’s verdict on the counterclaims. The court rendered a judgment that reversed a nearly $3 million award and found Benelux did not present legally sufficient evidence to support a damages award.

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.

Founded in 1927, McGinnis Lochridge is a multi-practice Texas shop with more than 70 lawyers operating in offices in Austin, Houston, Dallas, and Decatur. The firm’s attorneys maintain a broad civil law practice in all Texas state and federal courts. Its major practice areas include oil and gas, complex commercial and energy litigation, public utility regulation, class actions, environmental, labor and employment, intellectual property, and international law. The firm’s clients range from individuals and small businesses to some of the world’s largest corporations. One such client testifies, “McGinnis Lochridge has deep experience in energy-related regulatory issues and litigation. They are excellent advocates to FERC and to the Texas Railroad Commission. They can also get up to speed quickly on energy litigation issues because they know the industry well.” Jonathan Baughman, addressed as a “very capable oil and gas litigator and general business litigator,” represents several clients located in in expected industry sector, with most of these (and their cases) being confidential. However, Baughman’s practice is varied and not limited to oil and gas; in particular he has been particularly active in intellectual property-related matters as of late. Baughman leads a team that represents clients in several matters related to Lanham Act violations and trademark infringements. Baughman is also lead counsel in a novel estate law matter, representing an individual as the executor of his mother’s estate where his mother was deprived of significant royalties associated with her homestead rights. 

McKool Smith has established itself as a litigation force to be reckoned with – a reputation that continues today on the strength of its deep bench of trial lawyers that spans seven offices in the US (four in Texas, the state in which the firm saw its genesis). “McKool is a top-notch plaintiff’s and hedge fund litigation firm,” says one client. Another adds, “They are excellent across the board – analysis, technology, strategy and articulation.” A peer agrees, saying, “McKool is a real trial firm. Those people have trials in their DNA.” While its practitioners cover a broad spectrum of litigation practice areas, the firm is perhaps most celebrated for its intellectual property prowess, which has logged it several high-profile wins over the course of its history – and it continues to do so. “They bring a creative, aggressive litigation approach in the patent area,” says one client. Since 2007, the firm has represented WiLAN in securing settlement and licensing agreements with many of the world's leading technology providers.

Warren Lipschitz, a Dallas partner making his debut as a future star in this edition, secured an $85 million patent damages verdict on behalf of this client against Apple. The verdict was announced in January 2020, following a jury trial in the Southern District of California. The case was later remanded by the Federal Circuit for a new trial on damages. In March 2022, WiLAN announced that it had reached a confidential settlement with Apple resolving lawsuits in the US, Germany, and Canada. Also based in Dallas, Nicholas Mathews, along with Lipschitz, represented Ericsson in defense of a seven-patent assertion brought by IP Bridge. The case involved assertions concerning mobile communications and multicarrier communications. IP Bridge filed the case in June 2021. The case settled after the pretrial conference and shortly before the trial began. Dallas’s Robert Manley represents plaintiffs and prospective class representatives who assert claims for breach of contract, tortious interference, and breach of fiduciary duty against USPI Holding Company. Plaintiffs allege that the defendants intentionally devalued stock options and shares granted to plaintiffs under USPI’s 2015 employee stock-incentive plan. The case settled on confidential terms. “Robert Manley is one of the best trial lawyers I know,” raves a peer. “He is a storyteller.” A client calls Manley “organized, cool under pressure, creative, aggressive, professional – he brings excellent legal pleadings and court presence.” Manley is also involved in a case led by Houston’s Joshua Newcomer, in which the team defends various Zachry defendants in a suit filed in the US Bankruptcy Court for the Western District of Texas alleging fraudulent transfers, breaches of fiduciary duty, aiding and abetting breaches of fiduciary duty, unjust enrichment, and wrongful corporate dissolution. The plaintiff seeks more than $1 billion from the defendants based upon claims arising from a billion-dollar public-private toll road construction project in central Texas that suffered from significant alleged defects. Newcomer is applauded by a client for his “responsiveness, writing ability, sophisticated analysis, preparing witnesses, and understanding client goals, values and limitations.” Dallas’s David Sochia is defending clients Xerox, Conduent and New Jersey Transit in a case involving alleged patent infringement, theft of trade secrets, breach of contract, interference with business relations, unfair competition, and unjust enrichment claims alleged by Bytemark. The case is pending in the Southern District of New York. A client calls Sochia “a great big-picture manager of cases, focusing on the overall goal, not just the immediate issues that arise over the course of litigation.”

Alan Whitehurst, in the DC office, is cheered by a client for “[having] an excellent grasp of the technology, the patent laws and litigation strategy. Plus, he is a great guy.” Another client raves, “[Alan brings] exceptional responsiveness and thorough analysis of case strengths and weaknesses. [He is] excellent [at] witness preparation and an excellent team member in a sprawling multiparty case.”

A litigation boutique with a plaintiff-side ethos, Reid Collins & Tsai has crafted itself as a maverick in the world of trial litigation. The firm has strategically expanded from its Texas roots to include posts in the New York, District of Columbia, and Delaware markets. The firm's calculated five-office footprint has amassed national recognition, notably for its high-stakes commercial and bankruptcy litigation. Co-founding partner hailing from the Austin office, Bill Reid enjoys a far-reaching reputation as an all-purpose trial lawyer equipped to handle any case. After his 2018 Supreme Court victory in the Merit Management case, he was sought as replacement counsel for the BosGen Liquidation Trust in a closely related case, raising issues on viability of actual intent fraudulent conveyance claims. The case has been appealed to the SDNY. Reid is also serving as lead counsel on behalf of regional telephone partnerships in a derivatives lawsuit filed against AT&T, alleging an illegal scheme to leverage its position over partnerships and generate millions of dollars. Multiple actions are being litigated, seeking compensatory damages, disgorgement of profits, and pre-judgment and post-judgment interest. Reid and fellow co-founding partner Lisa Tsai have represented Claymore Holdings in its decade-long lawsuit against Credit Suisse. At a hearing in January 2021, Reid argued that Credit Suisse should pay Claymore $171.9 million in out-of-pocket damages and prejudgment interest. Six months later, the dispute seemingly came to an end when the 134^th Civil District Court in Dallas County entered a fraud judgment against Credit Suisse, awarding more than $121 million to Claymore. On appeal, the fraud ruling remained intact; however, the Dallas Court of Appeals overturned portions of the judgment. The case continues as to the overturned portions. Tsai is a multidisciplined litigator whose talent is well-rounded, covering a diverse set of practice areas. She is leading a legal malpractice lawsuit against a full-service law firm that provided services as transaction counsel during her client’s acquisition of a competitor. In a private equity matter, Tsai represents Carling O’Brien, partner and co-founder of Emerald Lake, against several former colleagues, who she alleges engaged in a bad-faith scheme to confiscate her partnership interest and carried interest grants, as well as making false and defamatory statements to investors. Tsai has been representing her client in arbitration.

     Bankruptcy and commercial litigator Eric Madden represents the successor to Insys Therapeutics, Insys Liquidation Trust, formed after the company’s illegal off-label marketing scheme led it to bankruptcy due to a series of criminal proceedings, class actions and civil cases that resulted in racketeering charges against executives and a $225 million fine to settle other investigations. Madden served as lead counsel in the company’s investigation and prosecution of claims against former executives and related professionals, and successfully negotiated favorable settlements. Madden is also serving as lead counsel to PNI Litigation Trust, successor to the Chapter 11 Bankruptcy of Patriot National, in a case that spans corporate governance issues in Delaware and insurance issues under Florida law. The team was pursuing claims against Patriot’s former officers and directors when the company went into bankruptcy after an SEC investigation and class action lawsuits. Thus far, Madden has obtained a $44 million settlement for its clients claims that included a cash payment of $14 million and another cash payment of $30 million collected in the coverage action against the D&O insurance.

Reynolds Frizzell is one of Houston’s many litigation boutiques and one that has etched itself a prized position in that particular market, with peers and clients offering their praise on the firm’s behalf. “They are one of my top go-to litigation counsel, particularly in the oil and gas industry that I operate within,” testifies one client. Indeed, the firm’s calling card is heavy with energy-related matters, in keeping with Houston’s primary economic driver. However, Reynolds Frizzell partners have been called into service for matters ranging from professional malpractice matters to commercial matters involving avocados.

     In one recent novel matter, Transocean Offshore Deepwater Drilling Chris Reynolds and Jean Frizzell to pursue patent-infringement cases against Noble Corporation plc (along with various of its subsidiaries and affiliates) and Diamond Offshore Drilling (along with various of its affiliates and subsidiaries). The four patents at issue in the two cases cover the dual-activity technology that Transocean had patented with respect to offshore drilling in ultra-deep waters. The case against Noble covers five different drill ships.  This case was successfully resolved in October 2020. Frizzell was also selected to represent the Dallas Police and Firefighters Pension Fund in its claim against its former actuarial firm for breaching its contractual, statutory and common-law duties in connection with the inception of and modifications to a DROP program (deferred retirement plan) that was purportedly designed to retain senior employees, but instead put the entire pension system at risk after billions in losses. Frizzell was also chosen to lead a team that was hired in 2019 to help original counsel prepare and try a major pipeline construction dispute on behalf of USPL against Rover, which is owned in majority part by Energy Transfer. USPL was seeking approximately $100 million in damages for extra work. In turn, Rover counterclaimed and asserted that USPL did faulty work with respect to certain geotechnical-related work and what Rover claims to be “restoration failures” along the pipeline route. Rover’s claim was for approximately $36 million in damages. Jeremy Doyle was hired Performance Contractors to represent it, as co-counsel with another firm, in connection with a construction dispute involving a $900 million polyethylene plant. The parties are currently engaged in discovery and the lawsuit is set for trial in September 2021. Mike Oldham was retained by World Garden in a suit filed in federal court to enforce World’s Garden’s exclusive distribution agreement with Calavo, the largest producer of avocados and guacamole.  World’s Garden is Calavo’s exclusive distributor to Europe and parts of Asia. World’s Garden asserts claims for fraud and breach of contract, alleging that World’s Garden has established a strong and growing market for Calavo’s products in Europe but now Calavo seeks to cut World’s Garden out and service those international markets directly. 

Houston litigation boutique Smyser Kaplan & Veselka enjoys a praise-worthy reputation in the city’s legal community. The firm was established by three litigators recognized as the city’s top litigation talent – Craig Smyser, Lee Kaplan and Larry Veselka. Since its founding, the three name partners have built a bench of trial lawyers across practice areas. A client comments, “Strategy and trial. This is one of our go-to firms for trials. Across the board, this is the best Texas trial firm.” The firm has historically been recognized for its energy industry representation, most notably, though, for its capability to represent operators and mineral owners alike.

     While the firm’s senior talent is unquestionably embedded in the city’s primary industry of energy, Smyser Kaplan is not exclusive to that sector. White-collar crime litigator Dane Ball is among the firm’s younger established partners, and one who whose work crosses all industry sectors. Ball is the lead lawyer defending an individual indicted on alleged fraud charges following the $1 billion collapse of First NBC Bank, one of the largest bank fraud cases.

     Ball and Smyser successfully defended McKesson against a multidistrict litigation lawsuit filed by 77 Texas counties using novel public nuisance legal theory to allege that McKesson played a key role in the opioid epidemic. States and counties have sought to hold distributors and manufacturers accountable nationwide. Smyser as lead counsel advocated for McKesson and co-defendants during hearings, led negotiations, and set the strategy for defense. Smyser and Ball negotiated a settlement as part of a state-wide agreement. In another Texas-centered case, the partners make up the team serving as defense counsel for the Director of Safety for the Astroworld Festival. The team is in the midst of deposing plaintiffs in the MDL alleging personal injury, negligence, and wrongful death claims.

     Veselka’s civil and commercial practice over the last year has handled cases for a diversity of clients. He represented the Mineral Interest Owners in a large ranch, Petty Business Enterprises, in their lawsuit against lessees for failure to pay all royalties due. Originally, the claim was filed in state court, but Veselka moved the case to Bankruptcy Court for the Southern District of Texas where it was tried. Veselka won more than $10 million for the plaintiffs in the court’s Memorandum Opinion, leading to a successful settlement that was approved by the Judge in June 2022. Veselka is currently handling a white-collar crime matter, as well as a commercial case representing the plaintiff, Patriot Contracting, against subcontractors and the owner of a mixed use, mid-rise, two-block apartment building. Veselka is asserting claims and defending counterclaims filed by the owner.

     Kaplan led a team that represented Vitol Americas Corporation in a breach of contract and fraud lawsuit against Targa Channelview over the construction of a splitter facility in Channelview. Following a hotly contested five-week bench trial held virtually, the firm’s team obtained a $158 million judgment in the client’s favor. Kaplan and the team, which includes appellate specialist Garland Murphy, successfully defended the win at the 14^th Court of Appeals and is currently taking the case to the Texas Supreme Court. Murphy is also working with Kaplan in representing Vitol in another business litigation case against Targa in one of the many cases to erupt from the February 2021 winter Storm Uri.

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.”

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.

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.