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

Cultice, Robert D.

Robert D. Cultice

Senior Partner

+1 617 526 6021 (t)

robert.cultice@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

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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June 21, 2017

Administrative Procedure Act Litigation: The Changing Regulatory Landscape, the Role of Industry, and Emerging Issues

As the Trump Administration concludes its fifth month, industry is facing a changing regulatory landscape that offers both opportunities and challenges. In this period of transition, litigation under the Administrative Procedure Act has played, and will continue to play, a more important role than ever in shaping the burdens facing regulated industries.

June 20, 2017

Court Determines That Grocer's Website Not Used to Sell Goods Is Public Accommodation Under the ADA

Last week, following a bench trial, a federal district judge in Florida concluded that the grocery store and pharmacy chain Winn-Dixie violated Title III of the Americans with Disabilities Act because its website is not compatible with industry-standard screen-reading software used by visually impaired consumers.

June 20, 2017

The Brexit Negotiations (1): What is the EU's Opening Position?

The Brexit negotiations started yesterday. After months of speculation as to what will be their focus, it may be useful to recall the European Union's opening position and the United Kingdom's opening position.

June 16, 2017

OCR Guidance Could Alter Scope of Pending and Future Civil Rights Investigations

A memorandum obtained by ProPublica, if authentic, sets forth substantially revised guidance for civil rights investigations conducted by the U.S. Department of Education's Office for Civil Rights (OCR). The memorandum, addressed to Regional Directors from Candice Jackson, OCR Acting Assistant Secretary for Civil Rights, explains that, going forward, “there is no longer a 'one size fits all' approach to investigation of any category of complaints.”

June 13, 2017

Supreme Court Substantially Reduces Government's Ability to Seek Criminal Forfeitures

On June 5, 2017, the Supreme Court issued a unanimous opinion in Honeycutt v. United States (No. 16-142), holding that a criminal defendant can be held liable to forfeit only crime proceeds the defendant personally obtained, and cannot be made jointly and severally liable for proceeds acquired by a co-conspirator. This WilmerHale Client Alert was republished on NYU Law's Compliance & Enforcement blog.

June 13, 2017

One Year After Ambac: Sharing Information Among Deal Parties

In this Law360 article, Daniel Halston, Alexandra Boudreau and Jeffrey Schomig explain that the common interest doctrine remains a thorny issue one year after the major Ambac Assurance Corp. v. Countrywide Home Loans Inc. decision.

June 13, 2017

What Reviving the TTIP Agreement Could Mean for the Future of Geographical Indications

BNA's Patent, Trademark and Copyright Journal published an article written by Kirsten Donaldson and John Hobgood analyzing considerations for trademark and geographical indication owners to take into account should the Trump Administration re-engage in the Transatlantic Trade and Investment Partnership Agreement.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

June 8, 2017

Brazil's Developing Gas Marketing: Opportunities for Arbitration

An article co-authored by Christoph Harler, published in Commercial Dispute Resolution's Summer 2017 edition.

June 8, 2017

Insolvency at Its Limits: What Management and Creditors of Insolvent LLCs and LPs Should Know About Fiduciary Duties Waivers and Standing, Inside and Outside of Bankruptcy

Delaware law allows members and partners of limited liability companies and limited partnerships to waive the fiduciary duties of their management in their LLC or LP agreements.

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 2012-2017 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 2017, 86 WilmerHale lawyers were recognized for their respective practices.
  • Chambers USA: America's Leading Lawyers for Business 2014-2017 named WilmerHale's intellectual property practice among the top nationally and in California, Colorado, DC, Massachusetts and New York, and recognized Michael Bevilacqua, Peter Dichiara, Ben Fernandez, Robert Gunther, Natalie Hanlon Leh, Bill Lee, Lisa Pirozzolo, Mark Selwyn, David Bassett (2014), Wayne Stoner and Amy Wigmore for their intellectual property practices.
  • 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, "the credentials of their lawyers are impeccable—they're academically top notch" and they have "a very deep bench" and "a lot of experience." In 2014-2017, Seth Waxman is cited as a star individual. Clients say he is "one of the finest appellate attorneys ever seen" and that "his presence in court and the respect he demanded was tremendous," Paul Wolfson is described as "highly skilled" and Danielle Spinelli is recognized as a "terrific writer" who possesses "truly confidence-inspiring professionalism."
  • Chambers Global: The World's Leading Lawyers for Business 2013-2017 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 the Most Impressive Investigations Practice of the Year in 2016 for its cross-border work in high-profile internal and government-led investigations. The firm also placed second on the GIR 30 list of the world's leading investigations and compliance practices in 2015 and 2016, and was noted for advising on the most FCPA public settlements of any law firm in the industry in the past eight years. 
  • Law360 named WilmerHale a Technology Practice Group of the Year for 2016, an award recognizing the firm's key role in the significant matters that made headlines and changed the legal landscape within the past year. 
  • Law360 named WilmerHale "Appellate Group of the Year" (2011-2016) and "IP Group of the Year" (2012-2016).
  • 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 2017 Patent Contentious Firm of the Year—both in the United States and in the Northeast region—and named Bill Lee the Massachusetts Outstanding IP Litigator. In 2016, the firm was named 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.
  • The National Law Journal named WilmerHale the 2017 Washington DC Litigation Department of the Year in the General Litigation category. WilmerHale has also been named to NLJ's Appellate Hot List for nine consecutive years (2009-2016), which honors 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' 2017 "Best Law Firms" list, several of litigation practices are ranked in the first tier nationally, as well as in Boston, New York and Washington DC. These practices include administrative/regulatory, antitrust, appellate, bankruptcy, commercial, criminal defense: white collar, eminent domain & condemnation, first amendment, intellectual property, patent, regulatory enforcement and securities litigation. WilmerHale was recognized as "Law Firm of the Year" in international arbitration on the 2015 list.
  • 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 has ranked several WilmerHale attorneys among the world's leading investigations lawyers, as voted on by clients and peers, in its 2015-2017 editions.