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

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:

  • 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 highest 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 more than 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 more than 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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July 27, 2016

Argentina: From International Market Isolation to Promising Opportunities for Investors

After more than a decade of isolation from international financial markets, with a new president in office, Argentina is making significant efforts to get its economy back on track by attracting foreign investment. In this July-August 2016 edition of Commercial Dispute Resolution, pp. 54-57, WilmerHale's Nicolás Costábile outlines the more arbitration-friendly measures being taken.

July 26, 2016

New confiscation recommendations: a price worth paying? 

A blog post by Michael Roach, published on the WilmerHale W.I.R.E. UK blog.

July 25, 2016

The Scope of SEC Defendants' Jury Trial Right: Part 4

In the final of a series of four articles published by Law360 examining the scope of the Seventh Amendment jury trial right for civil defendants in US SEC enforcement actions, Matthew Martens, Jaclyn Moyer and Derek Woodman address address why, even with regard to otherwise negligence-based securities law violations, the SEC must prove scienter to the jury in order to obtain a second- or third-tier penalty. 

July 25, 2016

WilmerHale Secures Civil Rights Victory, Defending Texas Voters of Color

WilmerHale and its co-counsel, the National Association for the Advancement of Colored People Legal Defense and Education Fund, secured a significant civil rights victory for African-American and Hispanic voters in Texas.

July 21, 2016

NYDFS Issues Final Rule Requiring Certification of Compliance With AML Transaction Monitoring and Filtering Program Requirements 

The New York Department of Financial Services recently finalized a regulation that mandates detailed elements of the anti-money laundering transaction monitoring and sanctions filtering programs of covered institutions. The rule, published on June 30, 2016, also requires directors or senior officers to certify their institutions' compliance with these new standards. 

July 20, 2016

The Effect of Brexit on UK Intellectual Property Protection and the Unified Patent Court and Practical Steps to Be Taken Now and in the Future

The UK has voted to leave the European Union. This will not affect the UK's position as one of the most important IP jurisdictions in Europe. However, leaving the European Union will have an impact on substantive IP law in the UK.

July 19, 2016

The Scope of SEC Defendants' Jury Trial Right: Part 3

In the third of a series of four articles published by Law360 examining the scope of the Seventh Amendment jury trial right for civil defendants in US SEC enforcement actions, Matthew Martens, Jaclyn Moyer and Derek Woodman address the issues of reliance and loss (or gain) causation in SEC enforcement actions and the jury's role in assessing such.

July 18, 2016

The UK's second DPA: a hopeful judgment 

A blog post by Lloyd Firth, published on the WilmerHale W.I.R.E  UK blog and also by economia.

July 15, 2016

Life and Annuity Series: Class Certified in an ERISA “Unreasonable Compensation” Case

The Colorado federal court concluded last summer, in Teets v. Great-West Life & Ann. Ins. Co., that an insurer could be subject to ERISA liability for receiving unreasonable compensation in connection with a stable value fund, and that the fund was not exempt from ERISA as a “guaranteed benefit policy.”

July 13, 2016

Civil Fines Jump Across Agencies Under Inflation Adjustment Act

Civil fines across federal agencies have recently been increased dramatically under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) (Sec. 701 of Public Law 114-74), with some more than doubling. Companies violating the Hart-Scott-Rodino (HSR) Improvements Act, the Securities and Exchange Act, or the Occupational Safety and Health Act (OSHA), among others, could soon face civil monetary penalties that are up to 150% higher than the existing levels. According to the Congressional Budget Office, the 2015 Act would increase the federal government's revenue by $1.3 billion over the next ten years. 

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 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 "Commercial Arbitration" in its 2014 Global Legal Awards.
  • Best Lawyers in America 2015 recognized nearly 100 WilmerHale partners, naming nine "Lawyer 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."
  • 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.
  • 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 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.
  • 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 as 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.
  • 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.
  •  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 named WilmerHale the nation's best law firm for patent litigation at their inaugural 2014 awards program.
  • 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 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 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 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.
  • 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.
  • 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.
  • 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.