Litigation/Controversy

WilmerHale's global team of nearly 500 litigators and controversy professionals handles highly complex and sensitive matters in all aspects of litigation and dispute resolution.


Our lawyers have played an integral role in many of the most significant cases across the globe over the past several years, including internal and governmental investigations; international arbitration proceedings; patent, copyright and trademark cases; regulatory, government and public policy disputes; securities class action lawsuits; and federal and state appellate cases. Clients rely on us for our strong understanding of their industries and business goals, pragmatic and clear advice—even in the midst of complicated issues, complex legal and regulatory regimes, and high-stakes decisions—and ability to deliver practical solutions to real-world problems.

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

Adegbile, Debo

Debo P. Adegbile

Partner

+1 212 295 6717 (t)

debo.adegbile@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

Experience

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

  • taken hundreds of matters to trial over the past decade, including more than 45 oral arguments in state and federal appellate courts in 2015 alone;
  • participated in more than 650 international arbitration proceedings and handled disputes in over 70 legal systems;
  • served as lead litigation counsel in hundreds of major patent, copyright and trademark cases for clients in technology, life sciences, broadcasting and other industries, including more than 35 patent cases in the Federal Circuit between 2013 and 2015;
  • 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 securities class actions for technology companies, investment banks, broker-dealers and financial services firms;
  • advised multinational companies in negotiations with governments throughout the world regarding litigation brought in US courts that raised issues of international law;
  • counseled more than 65 public and other companies and individuals in the United States and internationally on Foreign Corrupt Practices Act and anti-corruption issues;
  • handled hundreds of False Claims Act matters as lead counsel over the past decade; and
  • represented upwards of 600 pro bono clients since 2013, achieving life-changing results for individuals and making major contributions on issues of equal justice in the United States and internationally.

We have experience across industries, including aviation; bankruptcy and commercial; communications; defense and national security; government contracts; energy, environment and natural resources; financial institutions; labor and employment; and trade.

 

Publications & News

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August 23, 2016

High Court Inclusive Communities Ruling: 1 Year Later

In this article published by Law360, authors David Ogden, Franca Harris Gutierrez, Debo Adegbile, Michael Gordon, Stephen Carey, Sky Lynn Perryman and Adriel Cepeda Derieux analyze the evolution of disparate impact doctrine since the court's Inclusive Communities decision, with a particular focus on how the decision appears to be affecting enforcement cases brought by the Consumer Financial Protection Bureau.

August 17, 2016

SEC Settlements Put Severance Agreements Under Increased Scrutiny

The US Securities and Exchange Commission (SEC) recently announced settlements with two companies for using severance agreements that allegedly violated Rule 21F-17.

August 15, 2016

Copyright and Trademark Case Review: Wine, Vodka and a Little Karaoke

WilmerHale compiles lists of precedential and informative opinions that raise copyright and trademark law issues. The following is a consolidated list of those opinions with brief summaries designed to showcase the latest developments in intellectual property law.

August 15, 2016

WilmerHale Lawyers Named Among the 2017 Best Lawyers in America®, Six Recognized as Lawyers of the Year

Best Lawyers in America®—a respected peer-review publication in the legal industry—recognizes 101 WilmerHale lawyers and names six partners as Lawyers of the Year in its 23rd edition.

August 11, 2016

Supreme Court Upholds Implied Certification Liability, While Emphasizing Materiality Requirement

Authors Jonathan G. Cedarbaum, Karen F. Green, David W. Ogden and Matthew Guarnieri explain the US Supreme Court's recent unanimous decision to uphold the “implied certification” theory of liability under the False Claims Act and discuss the implications for future False Claims Act cases; published in the August 2016 edition of Pratt's Government Contracting Law Report, Vol. 2, No. 8.

August 10, 2016

Civil Penalties Set to Increase Significantly, Many Present Retroactivity Concerns

Over the past several months, many federal agencies have adopted rules significantly increasing the maximum civil monetary penalties (CMPs) they can potentially impose. The increased penalty amounts were adopted in response to recent legislation from Congress requiring that federal agencies make adjustments to “catch up” with inflation.

August 10, 2016

Separation Panes: Emerging Litigation Over Window Sealant

Brent Gurney and Rachel Murphy, in an article published by Law360, outline why litigation involving polyisobutylene has become a source of anxiety for building owners, contractors, subcontractors and PIB manufacturers.

August 8, 2016

BNA Insights: Statute of Limitations for Disgorgement Claims in SEC and CFPB Enforcement Actions

This article by Matthew Martens, Benjamin Neaderland and Jared Cohen, published by Bloomberg BNA's Securities Law Daily, discusses why a landmark decision by the US Court of Appeals for the Eleventh Circuit could significantly decrease the financial exposure faced by targets of SEC enforcement actions.

August 8, 2016

Three Things To Know About New California Labor Trafficking Law

In this article published by Law360, Chris Casamassima, Sonia Fleury and Kelsey McGregor detail recent changes to California's labor trafficking policy, and three key compliance steps that companies should be aware of.

August 4, 2016

Law360 Ranks WilmerHale Among Top 20 Litigation Firms

The rankings are compiled by analyzing the size of firms litigation teams in conjunction with case victories between March 1, 2015 and March 1, 2016.

Recognition

WilmerHale's litigation group has received recognition from leading publications across all of our practice areas:

  • 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 and a finalist for 2016 IP Litigation Department of Year. The firm has been named a winner twice and a finalist six times since the first year the title of IP Litigation Department of the Year was awarded in 2004.
  • The American Lawyer selected WilmerHale's successful representation of Swatch Group in Swatch Group v. Tiffany as the Global Dispute of the Year in the field of commercial arbitration in its 2014 Global Legal Awards.
  • 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 lawyers. 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.
  • Best Lawyers in America 2016 recognized 100 WilmerHale partners, naming six "Lawyer of the Year," including David Ogden as "Washington DC Litigation - Regulatory Enforcement (SEC, Telecom, Energy), Lawyer of the Year" and James Carter as New York Arbitration Lawyer of the Year." In the 2015 edition, nine partners were named "Lawyers of the year, including Bill Lee as “Boston Litigation: Patent Lawyer of the Year” and Seth Waxman as “Washington DC Litigation-First Amendment and Regulatory Enforcement Lawyer of the Year.”
  • 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.
  • BTI Consulting Group recognized WilmerHale as the "Most-Favored IP Department" in the nation, one of two firms that are the "Best at Complex IP Litigation," one of six firms identified as "Go To IP Litigation Firms," and one of five firms called out as "Go To IP Firms" (for non-litigation IP work) in the BTI Intellectual Property Outlook 2015: Changes, Trends and Opportunities in IP & IP Litigation report. It also named WilmerHale among the 2014 "IP Litigation Standouts" in its BTI Litigation Outlook Report.
  • Chambers USA: America's Leading Lawyers for Business 2012-2016 recognized WilmerHale as a leading law firm in multiple litigation practice areas, including antitrust, appellate, FCPA, intellectual property, international arbitration, Native American law, securities and white-collar crime and government investigations. In 2016, 82 WilmerHale lawyers were recognized for their respective practices.
  • Chambers USA: America's Leading Lawyers for Business 2014, 2015 and 2016 named WilmerHale's intellectual property practice among the top in Massachusetts and recognized Lisa Pirozzolo, Mark Selwyn, David Bassett (2014), Michael Bevilacqua, Peter Dichiara, 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 best trial lawyers in the country" and "leader of the pack for high-stakes litigation."
  • Chambers USA: America's Leading Lawyers for Business consistently recognizes the firm's appellate practice with a top-tier national ranking, and clients praise the group by saying, "they are available, they understand the problems so deeply and the client service is impeccable. They are client-sensitive and the product they deliver is fantastic—they are the dream team." In 2014, 2015 and 2016, Seth Waxman is cited as a star individual. Clients say he is "simply the best appellate lawyer in the country right now" and "supremely talented, from the clear thinking and thorough dedication that go into his preparation to his unrivaled demeanor in the courtroom," Paul Wolfson is described as a "very experienced lawyer," and Danielle Spinelli is recognized as an up-and-coming appellate litigator.
  • Chambers Global: The World's Leading Lawyers for Business 2013-2016 named WilmerHale a leading law firm in the areas of antitrust, FCPA, international arbitration and intellectual property.
  • Chambers UK consistently recognizes our International Arbitration practice in the top tier, calling it an "outstanding international arbitration practice with an enviable track record handling complex institutional and ad hoc arbitrations" in the 2016 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.
  • Global Arbitration Review named WilmerHale's International Arbitration Practice among the world's top five international arbitration practices in their list of the world's top 30 arbitration firms in 2012.
  • Global Investigations Review named WilmerHale's Investigations and Criminal Litigation Practice Group second in its inaugural GIR 100 list, an award ranking the top 100 law firms in 2015 for capabilities in cross-border government-led and internal investigations.
  • Law360 named WilmerHale a 2015 "Appellate Group of the Year" and 2016 "IP Group of the Year." This marks the fifth year that WilmerHale has been honored with these recognitions.
  • 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.
  • The Legal 500 United States named WilmerHale the nation's best law firm for patent litigation at their inaugural 2014 awards program, and has consistently ranked WilmerHale's litigation practice in the areas of international trade, patent litigation, appellate and US Supreme Court litigation, international arbitration, securities litigation, and white collar criminal defense.
  • 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 named WilmerHale the 2016 Patent Contentious Firm of the Year and was recognized for its role in two “Milestone Cases of the Year.” The firm was selected as the recipient of the 2015 Supreme Court Milestone Case of the Year award for the successful representation of POM in POM Wonderful v. Coca-Cola. The firm was also named Patent Contentious Firm of the Year in 2014, 2013, 2012 and 2011, and recognized as both a regional and national finalist for this honor in 2009. MIP selected WilmerHale as the ITC Litigation Firm of the Year in 2011, and the firm was shortlisted as Patent Contentious Firm of the Year, Copyright Northeast Firm of the Year and Pharma IP Litigation Firm of the Year in 2015.
  • In 2015, for the eighth 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.
  • In the U.S. News - Best Lawyers' 2015 "Best Law Firms" list, 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.
  • 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. 
  • Who's Who Legal: Investigations 2015 has ranked several WilmerHale attorneys as being among the world's leading investigations lawyers, as voted on by clients and peers.