United States (National)

Kirkland & Ellis has steadily risen from its roots in Chicago (where it remains a dominant brand) to become an international powerhouse. “Kirkland is a very formidable firm – [they have] a lot of talent. They have a lot of really solid people. There’s just something ‘cool and tough’ about them that you just can’t touch.” One of the larger and more comprehensive litigation capacities, Kirkland stands out as a firm that that boasts bench strength and high-level appointments in virtually every area of practice it offers, which include (but are not limited to) securities, antitrust, product liability, appeals, intellectual property, white-collar and investigations, commercial litigation, and bankruptcy, with the last being an area in which the firm is particularly dominant. “In bankruptcy, it’s Kirkland every day – they have to be at the top,” insists one peer, himself a leader in this practice. “I would specifically point to Mike Slade as a leader here – he takes some of the hardest bankruptcy cases around.”

     Kirkland is also noted for housing several leaders in the trial law specialty. To that end, perhaps the biggest news is the 2023 return to Kirkland of James Hurst, a famed and prolific Chicago-based trial luminary noted for prodigious courtroom acumen who took a multi-year hiatus. Hurst represented Abbott Laboratories and its affiliate, Abbott Molecular., in a lawsuit alleging gender and race discrimination brought by an African-American female and former employee of Abbott. Hurst prevailed on the clients’ behalf in September 2023. Another of the firm’s marquis trial lawyers, DC’s Mike Brock(who has been consistently ranked as one of Benchmark’s Top 100 Trial Lawyers since its inception in 2014) led a team along with Chicago’s Leslie Smith and Anne Sidrys representing 3M Company and its subsidiary Aearo Technologies in product liability litigation concerning 3M’s allegedly defective dual-ended Combat Arms Earplugs. In 2021, the Kirkland team secured a complete defense verdict in the second and fifth bellwether trials in this massive and headline-grabbing litigation. Operating from the firm’s Los Angeles and San Francisco offices, all-purpose commercial litigator Mark Holscher is another of the firm’s trial stars – one who makes his debut on the Top 100 list this year. A local candidate on this list testifies, “Mark is terrific. He’s now on the plaintiff’s side and become a thorn in the side of entertainment studios.” Holscher is representing Stable Road Acquisition in a purported consolidated securities class action arising from a merger, as well as an SEC action involving the CEO and founder of the merger candidate entity.

    Domestically, Kirkland has exhibited a remarkable level of growth in its New York office in particular. Kirkland came into this market and started knocking over furniture and not asking permission, just taking it,” quips one contemporary, summing up the firm’s explosive growth in the city. “We do a lot of work with them, and they send us work. They can’t be adverse to most of the private-equity firms that matter, but they have become an utter juggernaut in the New York market. More than anyone, they are responsible for the cultural shift in New York firms – there is a poaching war going on between them and some ‘white-shoe’ firms that I’m sure are historically not used to having their dominance challenged!” Many credit Sandra Goldstein, a litigation powerhouse and “straight shooter,” for this phenomenon. “Sandra has not only a terrific reputation but a sizeable book of business,” states one peer. “She has a carousel of securities and Delaware-related litigation on the go. But she also benefits from having the Kirkland machine and a great team that is coming under her and, at this point, with her – people like Stefan Atkinson, Rachel Fritzlerand Matthew Solum. They are all junior to Sandra but absolutely critical and playing major roles.” A peer elaborates, “Stefan Atkinson is a young guy that is very strong in Delaware.” The duo of Golstein and Atkinson prevailed in affirming a judgment entered in favor of Constellation Brands in a case in which Mexican beer brand Modelo brought suit against Constellation, the holder of a perpetual license to use the Corona and Modelo trademarks on “Beer” in the US, alleging that Constellation’s new Corona Hard Seltzer and Modelo Ranch Water products fell outside the scope of the license because hard seltzers are not beer. A peer insists, “You’ve got to look at [the New York office of] Kirkland harder for securities work! Just at the moment they’ve got GrubHub. Jeld-Wen. Six Flags. Honeywell…shall I go on?”Solum in particular is identified as “a securities star in the making,” with one peer stating, “We are seeing him everywhere and not just in one specific type of securities case, either. He’s got M&A work, derivative work, class actions, you name it.” Solum represents Avalara and certain of its former directors in putative securities class action arising from Vista Equity Partners’ $8.4 billion take-private acquisition of Avalara. Solum also represents Avalara in a related petition brought by Avalara against dissenting shareholders to determine the fair value of shares. Another New York partner, in the intellectual property space, Dale Cendali represented Take-Two Interactive Software in a copyright infringement lawsuit brought by a tattoo artist related to the depictions of NBA players LeBron James, Danny Green and Tristan Thompson in Take-Two’s  popular NBA 2K video game series. Take-Two designs each of the NBA players’ avatars with an eye toward realism, which requires including the players’ real-world tattoos on their virtual avatars in NBA 2K. The plaintiff claimed that the inclusion in NBA 2K of six tattoos he inked on these three NBA players amounted to copyright infringement. At trial, the Cendali and her team argued (among other things) that the inclusion of these nearly imperceptible tattoos in the massive video games is de minimis, a fair use, and covered by a license from LeBron James. In April 2024, the jury returned a verdict of no infringement.