Editorial: Commercial Litigation in California
01 August 2007
Litigation is big business in California, and this is reflected by the number of practitioners dedicated to this area, and the amount of boutique firms with a formidable presence in the state.
Heller Ehrman LLP is a full-service firm, employing over 400 lawyers. The litigation department is widely recognised for its excellence and its practitioners offer expertise in every area of this discipline, especially ‘bet-the-company’ and high-stakes disputes. Respondents to our survey also noted the lawyers’ technical competence in areas such as technology, telecommunications and pharmaceuticals, to name but a few. The firm’s securities litigation practice is well known to peers. Four of the firm’s litigators were highly recommended: in San Francisco, Robert Rosenfeld received plaudits thick and fast. “Great for securities”, he was praised as a “consummate legal strategist and tactician”. In the courtroom, he “does amazing work with expert witnesses and is masterful at achieving case dismissals”. Rosenfeld represented Bank of America in personal trustee charges and practises litigation, having represented Microsoft in antitrust actions as well as in litigation filed by competitors. Firm chairman Matthew Larrabee’s extensive trial and appellate experience is valued in large, complex disputes for financial services, software, pharmaceuticals and health care clients. These matters have included antitrust matters, consumer class actions and False Claims Act disputes. Also in San Francisco, Laurence Popofsky is equally well regarded in the antitrust field, and is marked out as a “great lawyer” and “one of the best”. Popofsky’s litigation experience also extends to securities fraud and intellectual property matters, and over more than 40 years he has built up an exemplary client list of names such as Apple Computer, Visa USA (in litigation involving companies including Dean Witter and American Express), Ernst & Young and Victor Technologies and Diasonics. The final practitioner to be listed here is Douglas Schwab. Based in San Francisco and New York, he has his finger on the pulse in both markets. He was praised for his “well-known securities practice” and also acts in corporate governance and professional liability litigation for accounting firms, for example in the cases concerning financial fraud at Parmalat and Cendant.
Munger Tolles & Olson LLP’s three representatives hail from a litigation department that was heaped with praise. With an impressive portfolio of “creatively handled high-stakes matters” under their belt, the lawyers in the firm’s litigation practice enjoy a tremendous reputation. The firm has made a name for itself as innovative in areas such as the deregulation of the energy and telecommunications agencies and the reform of California’s system of campaign finance. The “excellent” Ronald Olson stands out: “respected as a litigator and counsellor”, he is representing Shell in the series of class actions claiming oil companies’ liability for the damage in hurricane Katrina and represented Paramount’s chairman in the Pellicano investigation. “Well renowned” John Spiegel is resident in the Los Angeles office and focuses on state and federal court complex business litigation. He acquired the dismissal of his client Kirkland & Ellis LLP from class actions related to investigations arising from the collapse of Enron. Fellow Los Angeles practitioner Brad Brian has a “substantial civil and criminal practice” and is known for his work on the “big cases”, including high- profile lawsuits and government investigations. Brian has successfully persuaded the trial judge to vacate a $78 million jury verdict for fraud in favour of California gubernatorial candidate Bill Simon and his firms.
Bingham McCutchen LLP’s trio David Balabanian, Marshall Grossman and Bruce Friedman represent the firm’s “large and respected” litigation capability. Based at the San Francisco office, chair of the firm’s litigation area Balabanian is “among the upper echelons”. His 35 years of experience centre on complex, high-stakes litigation including antitrust, securities and takeover cases. In Reilly v The Hearst Corp, he successfully represented the purchaser in litigation around the sale of The San Francisco Examiner. Interviewees stated that Marshall Grossman is a “wonderful lawyer”, noting his “impeccable record of commercial litigation”. Significant matters include representing the owners of Guess? Jeans in their successful litigation against the owners of Jordache. He also defended Apple Computer and Packard Bell in a patent infringement and Lanham Act litigation, including the dispute between Compaq and Packard Bell. Bingham’s third representative came to the firm when it merged with Alschuler Grossman LLP. He is renowned for his representation of lawyers, real estate and insurance brokers and other professionals in malpractice matters. Clients such as Prudential Insurance, Titan L-3, New Century Mortgage and BDO Seidman have all sought his services.
Keker & Van Nest LLP is the first of the high-flying litigation boutiques we mention. Located in San Francisco, the firm has devoted its practice to complex civil and criminal litigation for over 25 years. The firm has acting for Intel, Comcast Cable Group and Google on its CV, in areas such as intellectual property, professional liability, general contract litigation and real estate. “First-rate” co-founder John Keker is “superb for white-collar work” and considered “influential in almost every other sector”. He represented Google against Microsoft in a dispute relating to Google’s hiring of a former Microsoft executive and won a jury trial for Genentech in a $300 million patent dispute with Chiron concerning the breast cancer drug Herceptin. Equally well regarded is the other named partner Robert Van Nest. Van Nest’s civil and criminal litigation practice runs the gamut from securities fraud to commercial contracts, partnership disputes to business disputes. In the New Motor Vehicle Canadian Export Antitrust Litigation, he defended a car manufacturer in a series of class actions alleging antitrust violations. Like her previous two colleagues, the “marvellous” Jan Nielsen Little’s practice combines whitecollar criminal cases and civil litigation. One example of her work is the representation of the former chief officer of a Fortune 50 company in a high-profile investigation in Texas.
Founded in 1883 in San Francisco, Morrison & Foerster LLP has a sizeable presence in the state and has expanded worldwide, with 18 offices around the globe. “Terrific” James Brosnahan is “great for high-profile controversial cases”. Peers rate him as “one of the state’s big names”, and this San Francisco lawyer’s civil and criminal trial record reinforces his “legendary” status. In previous matters, he achieved the dismissal of all charges against the former chairperson of the board of Hewlett Packard and successfully defended a global positioning system inventor in Santa Clara. Our sources were no less effusive in their appreciation of Melvin Goldman, who also works in the San Francisco office. Goldman focuses on civil litigation and is rated as “one of the top securities defence lawyers in the state”. His antitrust defence practice was also favourably viewed. He has represented Bank of America and Wells Fargo Bank in shareholder class and derivative actions.
Skadden Arps Slate Meagher & Flom LLP’s California litigation practice is, according to our sources, nationally recognised for its quality. Co-head of the firm’s West Coast litigation department James Lyons’s securities defence work is well regarded in the California litigation community. He represents public corporations and financial institutions in corporate control contests, and clients in shareholder actions and derivative suits, among other areas. He represented McKesson Corporation in class action securities litigation arising out of accounting improprieties discovered by McKesson following its acquisition of HBO. Interviewees also noted Raoul Kennedy’s class action work, and his “assured presence” in the courtroom received many compliments. His practice also focuses on ERISA, defamation, insurance, legal malpractice, patent infringement, RICO, workplace discrimination and wrongful discharge matters. He has represented Intel in a putative class action challenging the marketing of the Pentium 4 microprocessor.
Jones Day provides a wide range of litigation services to its clients, offering particular experience in bankruptcy, change in control situations, commercial disputes, consumer practice complaints, insurance and libel, among other areas. The firm’s national spread serves it well in multi-district and coordinated state law proceedings when multiple adversaries are involved. Past clients include Nestle Holdings, Mitsubishi Corporation and RJ Reynolds Tobacco. The practitioners we interviewed respect “multi-talented” Elwood Lui as a “senior member of the bar”. His “top-notch” practice concentrates on appeals and complex commercial litigation, representing major corporations and public entities. He has represented Bloomingdale’s in a putative class action by employees and defended Cole National Corp and two of its subsidiaries in an appeal. Robert Mittelstaedt is partner in charge in San Francisco. Described as “great for all kinds of litigation”, he works on complex commercial matters such as antitrust, unfair business practice claims, employment law and fraud across a wide range of industries. He specialises in using methods such as phasing or narrowing discovery, obtaining summary judgment and defeating or limiting class certification to dispose of complex cases. His representative clients include Apple, ChevronTexaco Corporation and Sega of America.
O’Melveny & Myers LLP’s 500-strong litigation department is an internationally respected and highly competitive part of this full-service firm’s practice. One recent victory helped the California Institute of Technology protect its DNA sequencing technology after a former employee sought to be substituted as the inventor on three of the DNA sequencing patents, and other clients have included Triton Coal against the FTC and Janssen Pharmaceutica in mass torts. Seth Aronson, nationwide chair of the securities litigation practice and a member of the firm’s joint leadership team. He is, according to his peers, “one of the go-to guys for securities litigation”. He also works on shareholder derivative actions, RICO, merger and acquisition claims, unfair competition and consumer class actions. He acted as counsel to a prominent LA law firm and a former commissioner of the California Department of Corporations, and defence liaison counsel in securities and financial fraud cases.
Quinn Emanuel Urquhart Oliver & Hedges LLP is a highly successful litigation boutique based in Los Angeles and New York. This firm has earned a reputation for efficient high-end work, which won it many fans in the California community. High-profile clients agree, and the firm has represented companies such as Parmalat, Shell Oil, Vivendi Universal Net USA and Computer Science Corporation. John Quinn rates as one of the chapter’s highest-ranked practitioners. Praised as “a superstar in the courtroom” by rivals, he is also general counsel of the Academy of Motion Picture Arts and Sciences. He won a $290 million verdict against Bertelsmann and its former CEO on breach of contract and other charges arising out of the formation of the AOL Europe joint venture.
Gibson Dunn & Crutcher LLP provides the full spectrum of litigation services. Past clients in high-profile cases include Tenet Healthcare, Park Place Entertainment Corporation and Textron. “Heavy hitter” Robert Cooper’s antitrust and business tort expertise is well respected among peers, as is his triple success in defending American Airlines in antitrust cases and two victories for Hewlett- Packard regarding allegations of monopolisation and deceptive trade practices.
Greenberg Glusker Fields Claman & Machtinger LLP is a full-service business and entertainment law firm. Bertram Fields is “one of the leading entertainment litigators” in the state, with expertise in complex entertainment industry contract negotiations. He represented MGM against Disney, winning the termination of Disney’s rights to use the client’s name outside the US. Other studios such as Twentieth Century Fox and Paramount, and record companies including Atlantic Records and Sony Music, form part of his vast clientele.
Loeb & Loeb LLP focuses on a few core areas of practice, and the concentration on litigation seems to have paid off. The firm’s lawyers represented Deloitte & Touche LLP when Micrel sued the firm for $200 million in connection with alleged professional negligence. Anthony Murray practises civil and criminal law and respondents highlighted the quality of his work in fields such white-collar crime, product liability and employment. Clients include Bertelsmann, Corning Nichols Institute, Eastman, Kyocera and Sears Roebuck.
Litigation boutique O’Donnell & Associates PC is based in Los Angeles and boasts a nationwide reputation for excellence in litigation. Clients include Pfizer, GoTo.com, Three Boys Music, Fox Family and Proposition 65. Pierce O’Donnell received a raft of praise for his broad, innovative practice. He was Firestone’s lead counsel and has defended Pfizer in product liability litigation. Jeffer Mangels Butler & Marmaro LLP’s “compact and efficient” litigation practice is “a delight to work with”, according to one lawyer we spoke to. Name partner Marc Marmaro is the group’s co-chair. Many interviewees expressed their “very high opinion” of this “fine lawyer”. His commercial practice stretches from IP and entertainment to securities and business dissolution matters. He has represented law firms in various cases and has a significant entertainment practice, litigating over the ‘James Bond’ rights and representing rock group The Eagles.
Katten Muchin Rosenman LLP’s inclusion is the “quick-thinking” Bruce Vanyo, co-chair of its securities litigation practice. Over his 30-year career he has worked on class actions, derivative litigation, representation before the Securities and Exchange Commission and in internal investigations of board committees. His work for technology companies was widely commented upon and he has also acted for clients as diverse as Krispy Kreme Doughnuts, Dell Computer, Boeing, Amdocs and Genentech.