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.

Leadership

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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 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 17 times over the last four Terms—placing WilmerHale in the first rank of firms nationwide
  • Filed briefs in over one-fourth 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 2005
  • 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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May 22, 2013

Partner Lori Martin Elected to American Law Institute’s Council

Recently, Partner Lori Martin was elected to the American Law Institute’s (ALI) Council, a group of prominent judges, lawyers and legal scholars who serve as the governing body for the US-based organization.

May 20, 2013

Partner Gary Born and Counsel Tom Snider Speak at the Addis Ababa University School of Law

Partner Gary Born and Counsel Tom Snider of Wilmer Cutler Pickering Hale and Dorr LLP’s International Arbitration Group spoke to an audience of government officials, private practitioners, professors and students on “International Claims Tribunals: Lessons Learned from the Eritrea-Ethiopia Claims Commission” at the Addis Ababa University School of Law on April 26.

May 20, 2013

WilmerHale Lawyers, Practices Recognized by Chambers Europe 2013

In the 2013 edition of Chambers Europe: Leading Lawyers for Business, 20 WilmerHale lawyers and seven firm practices have been recognized as leading in their field.

May 17, 2013

FCPA Partners Publish Commentary on US Foreign Corrupt Practices Act Guidance in Journal of Investment Compliance

May 17, 2013

DOJ and the SEC issue much-anticipated FCPA guidance

An article by Roger Witten, Kimberly Parker and Jay Holtmeier, published in the Journal of Investment Compliance (2013) Vol. 14, No. 1, pp. 5 –15.

May 17, 2013

Federal Court Considers Constitutionality of Defense of Marriage Act that Denies Benefits to Married Same-Sex Veterans and Their Spouses

The US District Court for the Central District of California today heard arguments from attorneys challenging the Defense of Marriage Act (DOMA) and Title 38 –statutes that prevent the US Department of Veterans Affairs (VA) from granting equal benefits to gay and lesbian veterans and their spouses.

May 16, 2013

Privilege revisited: privilege issues in internal investigations

An article by Christopher David and Alison Geary, published in the Fraud and Corporate Crime section of The In-House Lawyer.

May 16, 2013

The calm before the storm: are you prepared for a dawn raid?

An article by Kelly Thomson, published in the Fraud and Corporate Crime section of The In-House Lawyer.

May 15, 2013

Supreme Court Holds That Exhaustion Doctrine Does Not Permit Purchasers of Patented Biotechnology to Make New Copies of the Invention

In a unanimous decision, the United States Supreme Court held that purchasers of soybeans containing patented biotechnology cannot plant them to produce a new crop without the permission of the patent holder.

May 15, 2013

Turning on the Gas

An article by Steven Finizio and Sonja Sreckovic, appearing in Commercial Dispute Resolution.

Recognition

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

Recognition for our department:

  • The American Lawyer named WilmerHale an "IP Litigation Group of the Year" finalist in 2012. They also named WilmerHale to its 2008 Intellectual Property Litigation Department of the Year. The magazine also ranked the firm as one of four finalists in this category in its 2004 and 2006 issues, its two biennial contests to date.
  • Best Lawyers in America 2013 recognized 101 WilmerHale lawyers for having outstanding reputations and distinguished work in their practice areas.
  • Chambers USA 2012 recognized WilmerHale as a leading law firm and ranked the firm in multiple litigation practice areas, including antitrust, appellate, intellectual property, international arbitration and securities. In addition, 96 WilmerHale lawyers were recognized for their respective practices.
  • Chambers USA 2012 recognized the firm's appellate practice with a top tier ranking nationally. Seth Waxman is cited as a star individual and praised as "the best in the country," Edward DuMont is cited as a "respected appellate specialist with expertise across a wide range of sectors" and Paul Wolfson is described as a "widely experienced appellate lawyer."
  • Chambers Global: The World's Leading Lawyers for Business 2013 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 2012 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.
  • In 2012, for the fifth 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 edition of its annual guidebook. Our patent litigation, appellate and supreme court litigation, international litigation, 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 Media Group and Best Lawyers' 2013 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, 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 2013 recognized 34 of our litigators in their respective fields.
  • 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. 

2012 Highlights

The firm demonstrated the breadth and depth of its litigation capabilities in 2012 as our busy teams took 14 cases to trial, securing high-profile wins across the United States and internationally. We made more than 35 oral arguments in 11 different state and federal appellate courts, clinching many victories. Our appellate team filed 40 US Supreme Court briefs throughout the year and argued four cases before the Court in the last completed term, while our international arbitration lawyers managed an international commercial and investment arbitration portfolio of more than 80 active cases with more than $84 billion in dispute. Below is a selection of our 2012 highlights:

  • Our appellate team began the year with an oral argument before the US Supreme Court in FCC v. Fox Television Stations, Inc., et. al. We represented ABC, which faced a $1.24 million FCC indecency fine for broadcasting a scene in NYPD Blue in which a woman’s buttocks were shown for seven seconds. In June, the Court ruled unanimously in favor of ABC and several other major broadcasters, holding that they lacked the constitutionally required notice that the relevant broadcasts could be deemed indecent.
  • We represented BP in connection with the criminal and securities investigations stemming from the 2010 Deepwater Horizon accident.
  • Continuing our representation of the Tohono O’odham Nation in high-profile litigation concerning the trust acquisition of land in Arizona for potential gaming, we secured a major victory in September when the Ninth Circuit, affirming the district court, ruled in City of Glendale v. United States that the Interior Secretary had acted properly in taking a 54-acre portion of land into trust for the Nation.
  • We achieved a major success for Deutsche Telekom when we convinced a German court to dismiss a $130 million claim for damages brought by two competitors on the grounds of a margin squeeze in violation of EU competition law—the first in a series of eight cases in which we are defending Deutsche Telekom against damages claims initially totaling approximately $800 million plus interest. Earlier, another court had indicated its intention to dismiss a further claim for $300 million in damages that was later withdrawn. Deutsche Telekom has secured several settlements, with four cases still pending or on appeal.
  • 2012 brought a long-awaited successful outcome for our client, software-as-a-service company LivePerson, in a breach of contract suit brought by a company that had been acquired by LivePerson. The suit, which culminated in a 2010 bench trial in the Southern District of New York, claimed that LivePerson had failed to comply with the earn-out provisions of the merger agreement. Judge Koeltl’s June opinion found in LivePerson’s favor on virtually all claims at issue, and awarded a modest five-figure reconciliation payment, rejecting the vast majority of the plaintiff's claims for approximately $6 million in damages.
  • The firm scored a trio of dismissals in qui tam False Claims Act cases in just over one month in the fall, including one case in which a district court in West Virginia dismissed a claim against Purdue Pharma on res judicata grounds, and another in which a Florida court dismissed an action against Northrop Grumman relating to laser targeting for the Navy, on the grounds that the contract at issue did not impose the obligations alleged.
  • We prevailed in a significant Racketeer Influenced and Corrupt Organizations (RICO) action against the law firm Freshfields Bruckhaus Derringer US LLP and two of its partners when the DC Circuit agreed with our argument that the mere rendering of routine legal services—in this case, Freshfields’ representation of the government of Grenada in an arbitration concerning oil development rights—does not plausibly give rise to the inference that a law firm agreed to join a RICO conspiracy.
  • Adding to our succession of major wins for Apple in its global patent fight with Samsung involving the entire line of Apple’s immensely popular iPhone, iPad and Mac products, we secured a decisive verdict in a closely watched federal court battle in San Jose, California. After a 13-day trial and three days of deliberation, the jury rejected every one of Samsung’s claims that Apple’s products infringed Samsung’s five asserted patents, and awarded Apple $1.05 billion in damages after finding that Samsung infringed on a series of Apple’s patents.
  • We achieved a significant victory for GE in its long-running legal battle over wind turbine patents, when, following a bench trial, Judge O’Neill of the Eastern District of California rejected the one remaining claim in the case—a co-inventorship claim by former GE employee Thomas Wilkins and intervenor Mitsubishi—and ruled in GE’s favor, stating that Wilkins did not prove his inventorship claim, largely because he was not credible at trial.
  • Our International Arbitration Practice represented parties in more than a dozen significant oral hearings in international arbitrations in 2012 under the rules of numerous arbitral institutions in a variety of arbitral seats. We secured a number of major victories, including an award made in Geneva under ICC Rules dismissing multi-billion Euro claims against our client, one of the world’s largest energy companies; an award made in Hong Kong under HKIAC Rules in favor of a major US company; and an award made in Japan in favor of a multinational pharmaceutical company.
  • Our London-based Investigations and Criminal Litigation team represented prominent London businessman Vincent Tchenguiz in his successful challenge to a Serious Fraud Office investigation related to the collapse of Iceland’s Kaupthing Bank, which resulted in the Serious Fraud Office admitting they had no grounds for an investigation.
  • Our client David Ard was vindicated in a high-profile federal criminal trial when, after opening statements and only one partial day of testimony at trial in federal court, the government moved to dismiss all charges with prejudice, stating that it was “in the interest of justice” to do so. The former regional sales manager with Stryker Biotech had been charged with conspiracy and wire fraud related to the alleged off-label promotion of a bone growth product. The dismissal was featured in “Winning,” the National Law Journal’s annual report on the five top trial victories.