Litigation/Controversy

WilmerHale represents clients in complex civil and criminal litigation, corporate investigations and international arbitrations. Our lawyers receive national and international recognition as top-rated practitioners. With a strong record of success as both trial and appellate lawyers, we have the insight to plan and execute a winning strategy from the outset of a case.

Clients rely on us for our clear understanding of their industries and business goals, our in-depth knowledge of the regulatory and political environments in which they operate, and our expertise in the technical and scientific disciplines at the core of many of their operations.

Contacts

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Shapiro, Howard

Howard M. Shapiro

Chair, Litigation/Controversy Department

+1 202 663 6606 (t)

howard.shapiro@wilmerhale.com

Cultice, Robert D.

Robert D. Cultice

Vice Chair, Litigation/Controversy Department

Co-Chair, Business Trial Group

+1 617 526 6021 (t)

robert.cultice@wilmerhale.com

Macdonald, Peter J.

Peter J. Macdonald

Vice Chair, Litigation/Controversy Department

Co-Chair, Business Trial Group

+1 212 937 7223 (t)

peter.macdonald@wilmerhale.com

Marcus, David C.

David C. Marcus

Vice Chair, Litigation/Controversy Department

+1 213 443 5312 (t)

david.marcus@wilmerhale.com

Wigmore, Amy Kreiger

Amy Kreiger Wigmore

Vice Chair, Litigation/Controversy Department

+1 202 663 6096 (t)

amy.wigmore@wilmerhale.com

Anderson, Thomas E.

Thomas E. Anderson

Partner

+1 202 663 6227 (t)

tom.anderson@wilmerhale.com

Anker_Phil.jpg

Philip D. Anker

Partner

+1 212 230 8890 (t)

philip.anker@wilmerhale.com

Bassett, David B.

David B. Bassett

Partner

+1 212 230 8858 (t)

david.bassett@wilmerhale.com

Batter III, John F.

John F. Batter, III

Partner

+1 617 526 6754 (t)

john.batter@wilmerhale.com

Berman, Bruce M.

Bruce M. Berman

Partner

+1 202 663 6173 (t)

bruce.berman@wilmerhale.com

Boast, Molly S.

Molly S. Boast

Partner

+1 212 230 8887 (t)

molly.boast@wilmerhale.com

Born, Gary

Gary Born

Partner

+44 (0)20 7872 1020 (t)

gary.born@wilmerhale.com

Bowker, David W.

David W. Bowker

Partner

+1 202 663 6558 (t)

david.bowker@wilmerhale.com

Experience

Our cases and achievements cut across the litigation spectrum. Among our many practice highlights, we have:

  • Tried to verdict more than 75 complex civil cases since 2002
  • Argued before the Supreme Court of the United States 18 times over the last four Terms—placing WilmerHale among the higest ranked firms nationwide
  • Filed briefs in nearly one-third of the cases in which the Supreme Court heard oral argument during its most recent Term
  • Represented parties in over 50 federal and state appellate cases decided in 2012
  • Participated in more than 250 international arbitration proceedings in recent years, and successfully represented clients in four of the largest institutional arbitrations and several of the most significant ad hoc arbitrations to arise in the past decade
  • Advised multinational companies in negotiations with governments throughout the world regarding litigation brought in US courts that raised issues of international law
  • Handled some of the most prominent internal and governmental investigations in recent years, including those conducted on behalf of the special committees of the boards of directors of both Enron and WorldCom
  • Served as lead litigation counsel in hundreds of major patent, copyright and trademark cases for clients in technology, life sciences, broadcasting and other industries
  • Handled many sensitive cases involving regulatory, governmental and public policy issues in which the litigation strategy was coordinated with the client's regulatory, legislative and other political objectives
  • Defended hundreds of lawsuits, including over 300 class actions, alleging securities fraud, breach of fiduciary duty and other corporate misconduct over the last decade

We also have experience in multiple additional areas, including aviation; bankruptcy and commercial; communications; defense, national security and government contracts; environmental; financial institutions; labor and employment and trade.

Publications & News

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April 11, 2014

All or Nothing: Delaware Bankruptcy Court Decision in Physiotherapy Holdings Addresses Contract “Integration” for Purposes of Assumption Under Section 365(a)

Among the many tools the Bankruptcy Code provides a debtor in bankruptcy is the ability to assume and reject executory contracts and unexpired leases. This powerful tool is not without limits, however. Among other things, it is an “all or nothing” proposition—a debtor must assume or reject the entire agreement.

April 9, 2014

Testify First, Know Why Later: Responding to Civil Investigative Demands for Testimony in False Claims Act Cases

An article by Karen Green and James Fauci, published in the April 2014 edition of Financial Fraud Law Report.

April 8, 2014

WilmerHale Shortlisted for Chambers USA Award for Excellence in IP, Securities and Financial Services Regulation

WilmerHale's Intellectual Property and Securities Departments, and its IP Litigation, Securities Litigation and Enforcement, Broker-Dealer and Financial Institutions Groups have received special recognition by Chambers USA as part of this year's Awards for Excellence program.

April 7, 2014

High Level Patent Reform

A guest post featured on Patently-O, written by Ken Salazar and Quentin Palfrey, published on April 7, 2014.

April 4, 2014

Technical and Scientific Experience

Our ability to provide superior legal representation to technology companies is greatly enhanced by the academic and industry experience of our lawyers in a wide variety of technical and scientific fields.    

April 3, 2014

Global Investigations Review Selects WilmerHale Partners Daniel Schubert and Erin Sloane to Inaugural “40 Under 40” List

Global Investigations Review (GIR) named WilmerHale partners Daniel Schubert and Erin Sloane to its list of 40 of the world's leading investigations lawyers under the age of 40.

April 1, 2014

Born, Scozzafava and Thomas Named as 2014 ILO Client Choice Award Recipients

Partners Gary Born, Dr. Mary Rose Scozzafava, and Dr. Holger Thomas have been named exclusive recipients of the 2014 Client Choice Awards from International Law Office in the areas of Arbitration in the UK, Intellectual Property - Patents in Massachusetts, and Employment in Germany.

April 1, 2014

Gary Born Named as 2014 ILO Client Choice Award Recipient for Arbitration in the UK

Gary Born, Chair of the firm's International Arbitration Group, has been named exclusive recipient of the 2014 Client Choice Award for Arbitration in the UK from International Law Office.

April 1, 2014

First EU Anti-Corruption Report: What it Means for Business

EU Member States have in place most of the necessary legal instruments to prevent and fight corruption. However, the enforcement results are not always satisfactory. With its recently published first EU Anti-Corruption Report, the EU Commission provides a detailed analysis of the status of corruption for each of the 28 Member States. It specifies for each of them problems in dealing with corruption but also lists good practices which might serve as models for other Member States. Although the Report is primarily addressed to the Member States, it is also of significant relevance for business. Any company doing business in Europe is well advised to review its compliance program and policies in light of the findings and recommendations of this Report.

March 31, 2014

Former FBI Chief of Staff Aaron Zebley to Join WilmerHale

WilmerHale is pleased to announce that Aaron Zebley is joining the firm today as a partner. Zebley, who has been both an FBI Special Agent and an Assistant United States Attorney, served as Chief of Staff to Robert S. Mueller III, the former Director of the Federal Bureau of Investigation (FBI).

Recognition

The excellence of WilmerHale’s litigation practice is recognized across all of our practice areas.

Recognition for our department:

  • Acquisition International recognized WilmerHale as "Antitrust Litigation Law Firm of the Year" in California and "Antitrust Litigation Legal Practice of the Year" in Washington DC in 2013.
  • The American Lawyer named WilmerHale its 2014 "IP Litigation Department of the Year." This is the third time that WilmerHale has been named a winner and the fourth time the firm has been named a finalist since the contest's inception in 2002.
  • Best Lawyers in America 2013 recognized 101 WilmerHale lawyers for having outstanding reputations and distinguished work in their practice areas.  
  • Chambers USA: America's Leading Lawyers for Business 2012 and 2013 recognized WilmerHale as a leading law firm in multiple litigation practice areas, including antitrust, appellate, intellectual property, international arbitration, Native American law and securities. In 2013, 93 WilmerHale lawyers were recognized for their respective practices.
  • Chambers USA: America's Leading Lawyers for Business 2013 named WilmerHale's intellectual property practice among the top in Massachusetts and recognized Lisa Pirozzolo, Mark Selwyn, David Bassett, Robert Gunther and Wayne Stoner for their intellectual property litigation practices. Bill Lee is also recognized as a "star individual" and is described as "one of the pillars of IP here in Boston."
  • Chambers USA: America's Leading Lawyers for Business consistently recognizes the firm's appellate practice with a top tier national ranking. In 2013, Seth Waxman is cited as a star individual and clients say "when he walks into a courtroom, everybody stops and listens - he just has that command" and Paul Wolfson is described as a "highly respected appellate lawyer who is commended for 'his breadth of knowledge and precision.'" 
  • Chambers Global: The World's Leading Lawyers for Business 2013 and 2014 named WilmerHale a leading law firm in the areas of international arbitration and intellectual property.
  • Chambers Global: The World's Leading Lawyers for Business 2012 recognized WilmerHale as a leading law firm in the US and in Germany in the area of intellectual property and praised our IP practice as "an absolutely outstanding team that gives everything you want from a law firm."
  • Chambers UK consistently recognizes our International Arbitration practice and most recently ranked the firm in tier one of their 2014 edition.
  •  Daily Journal named two of WilmerHale’s IP litigation victories to their “Top Verdicts” in 2012 list, calling attention to California’s most widely-watched rulings of the year. Recognized for being closely followed and examined across the nation, the cases, Apple v. Samsung and Mformation v. Research in Motion were featured.
  • The Lawyer has ranked WilmerHale among the top 10 litigation practices in the world in the 2013 list of the Global Litigation Top 50—an annual analysis of which of the world's largest firms are generating the most fee income from disputes.
  • In 2013, for the sixth consecutive year, WilmerHale was named to The National Law Journal’s Appellate Hot List, honoring firms that have achieved significant appellate wins during the past year and have an impressive track record overall.
  •  Named amongst the world's top five international arbitration practices by Global Arbitration Review in their GAR30 list of the world's top 30 arbitration firms in 2012.
  • The Legal 500 United States has ranked WilmerHale's litigation practice in the "Top Tier" in the 2012 and 2013 editions of its annual guidebook. Our patent litigation, appellate and supreme court litigation, international arbitration, securities litigation and our criminal defense: white collar practices are also ranked.
  • The Legal 500 UK ranked the firm in the top tier for our International Arbitration and praised the firm for its "excellent service and analysis of cases."
  • Main Justice selected the firm's Foreign Corrupt Practices Act and Anti-Corruption Group as the recipient of its most prestigious honor, "Practice Group of the Year" in 2012.
  • Managing IP Magazine selected WilmerHale as the "Patent Contentious Firm of the Year" in 2012 and 2011, and recognized the firm as both a regional and national finalist for this honor in 2009. The magazine also selected WilmerHale as the "ITC Litigation Firm of the Year" in 2011.
  • In U.S. News and Best Lawyers' 2014 Best Law Firm rankings, WilmerHale is recognized as "law firm of the year" in international arbitration, and several of its litigation practices are ranked in the first tier nationally, as well as in Boston, New York and Washington DC. These practices include antitrust, appellate, bankruptcy, commercial, criminal defense: white collar, eminent domain & condemnation, first amendment, intellectual property, patent, regulatory enforcement and securities litigation.
  • Benchmark Litigation 2013 recognized 20 of our litigators with individual honors, and nationally recommended our antitrust, appellate, bankruptcy, general commercial, intellectual property and white-collar crime practices. In addition, Benchmark Appellate 2013 specifically praised our appellate and supreme court litigation practice with a first-tier national ranking, and highly-recommended our group in Washington DC and the First and Federal Circuits.
  • The Best Lawyers in America 2014 recognized nearly 100 WilmerHale partners, naming eight "Lawyer of the Year," including Bill Lee as Boston Litigation: Patent Lawyer of the Year; James Carter as New York City Arbitration Lawyer of the Year; and Seth Waxman as Washington DC Appellate Practice Lawyer of the Year. 
  • Law360 named WilmerHale as a 2011 "IP Group of the Year" and "Appellate Group of the Year," recognitions that honor only five firms per practice area.
  • WilmerHale earned a place among the top ten law firms in Practical Law Company's 2012 Life Sciences Industry Super League and is noted as boasting "a strong transatlantic life sciences practice with substantial offerings."
  • The Practical Law Company’s Global 50 listed the firm among the top 50 law firms in the world in 2010, and recommended WilmerHale in 15 key practice areas in Europe and the US.
  • PLC Cross-border Life Sciences Handbook 2011/2012 lists WilmerHale as a leading law firm in the US for life sciences in patent litigation; highly recommended for patent counseling. 
  • Boston Business Journal named WilmerHale the "Area's Largest IP Law Firm" in the 2012 edition of its annual survey, marking the seventh time the firm has placed first in this listing. 
  • The BTI Consulting Group Inc. named WilmerHale among the 2014 "IP Litigation Standouts" in their BTI Litigation Outlook Report.