Kirkland & Ellis LLP is a global law firm with approximately 2,500 attorneys representing clients in private equity, M&A and other complex corporate transactions, litigation and dispute resolution/arbitration, restructuring, and intellectual property matters. The Firm has 15 offices around the world: Beijing, Boston, Chicago, Dallas, Hong Kong, Houston, London, Los Angeles, Munich, New York, Palo Alto, Paris, San Francisco, Shanghai and Washington, D.C.
Litigation Kirkland & Ellis is renowned for its experience in complex litigation and arbitration. The Firm believes that the best litigation results happen when the lawyers and client form a team that assumes it will try the case. Because of this trial-ready philosophy, the Firm is able to offer clients a deep bench of lawyers who have been taking cases to verdict since the early stages of their careers. Whether in the courtroom, at the bargaining table or helping clients avoid risks without litigation, Kirkland has a long and proven track record of generating successful results for clients in their most high-stakes cases.
The Litigation Practice Group comprises approximately 500 attorneys throughout the firm’s worldwide offices. The Firm’s international experience enables effective representation of non-US plaintiffs and defendants in US judicial proceedings. Kirkland represents clients in trial and appellate courts at the federal and state level, before administrative tribunals, and in arbitrations and other dispute resolution proceedings. The Firm also represents clients in connection with proceedings involving government agencies, such as the Securities and Exchange Commission, US Attorneys General Offices, the Financial Industry Regulatory Authority, the New York Stock Exchange, the US Department of Justice, the Federal Trade Commission, the US Patent and Trademark Office, the US Department of Labor and the Internal Revenue Service.
Lawyers in all of Kirkland’s US offices have tried cases, successfully to verdict or to judgment, in virtually every substantive area and business segment including accountant liability, antitrust and competition, appellate, class action, mass tort and toxic tort, construction, ERISA/benefits, First Amendment and defamation, franchise and distribution, insurance coverage, international arbitration and ADR, product liability, securities and shareholder.
Kirkland has been recognized by clients and the media for its achievements in litigation:
For the eighth time, Kirkland was selected as one of the “Fearsome Foursome” in BTI Consulting’s 2019 Litigation Outlook report. Kirkland was also identified
as a “powerhouse” firm for intellectual property litigation, class actions, complex employment litigation and complex commercial litigation, and as a “standout” firm
for securities and finance litigation.
In 2018, Kirkland ranked #1 in The Lawyer’s “Global Litigation Top 50.”
The American Lawyer has recognized Kirkland as a top firm in every “Litigation Department of the Year” contest since 2002.
Kirkland was awarded “Illinois Firm of the Year” and “Bankruptcy Firm of the Year” at the 2019 Benchmark Litigation US Awards.
The National Law Journal has named the firm to its “Appellate Hot List” every year since 2012.
Intellectual Property Litigation
Kirkland & Ellis’ Intellectual Property Practice Group is one of the oldest such practices in a full-service firm in the country, having been an integral part of Kirkland since 1925. Kirkland has approximately 200 intellectual property lawyers who are experienced in a variety of technical disciplines and registered to practice before the US Patent and Trademark Office. More than 70 percent of the lawyers are engineers and scientists trained with degrees and professional backgrounds in technical areas.
Kirkland has one of the most respected intellectual property litigation practices in the country, with particular experience in large-scale patent, copyright, trademark, trade secret misappropriation and advertising matters. The work of the group frequently extends to antitrust, securities/compliance, products liability and appellate matters.
Kirkland’s experience in venues where IP cases are most often litigated is extensive. The Firm tries cases before juries, judges and arbitrators in venues across the country including state courts, district courts, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, the International Trade Commission and the Patent Trial and Appeal Board. Kirkland has one of the most active trial practices in the country. Our success rate at trial is among the best, with only a few of losses over the last 10 years despite handling some of the most challenging litigation cases in history.
The Intellectual Property Practice Group has been recognized by numerous publications for its achievements:
In Managing Intellectual Property’s 2019 IP Stars, Kirkland was named as a leading firm for Copyright, ITC, Life Sciences and Patent Contentious.
Managing Intellectual Property named Kirkland “U.S. National Appellate Firm of the Year” at its 2019 Americas Awards.
Kirkland was named to World Trademark Review magazine’s 2019 WTR 1000 list of the world’s top trademark law firms nationally and in Illinois, and was recognized
as a Tier 1 firm for enforcement and litigation in New York.
In 2019, Intellectual Asset Management (IAM) magazine recognized Kirkland in Tier 1 for Litigation: United States - National in its IAM Patent 1000 guide.
Kirkland was named “Law Firm of the Year” for Litigation - Patent by U.S. News Media Group and Best Lawyers in their 2019 “Best Law Firms” rankings.
The New York Law Journal named Kirkland as its 2019 “Intellectual Property Litigation Department of the Year.”
Gibson, Dunn & Crutcher LLP, a leading international law firm, consistently ranks among the world’s top law firms in industry surveys and major publications. The firm is distinctively positioned in today’s global marketplace with more than 1,300 lawyers and 20 offices.
Litigation Practice: Acclaimed as a litigation powerhouse, Gibson Dunn and the members of the Litigation practice have a long record of outstanding successes. The American Lawyer named Gibson Dunn a Finalist in its 2018 Litigation Department of the Year competition.This award followed our firm’s unprecedented three wins in this biennial competition – as the 2016, 2012 and 2010 Litigation Department of the Year – and 2014 Finalist honors.Benchmark recognized Gibson Dunn as the 2019 Appellate and Labor & Employment Firm of the Year.
The members of our litigation practice group are not just litigators, they are first-rate trial lawyers. Each year, we try numerous cases to verdicts before juries, judges and arbitrators. Our clients have trusted us to try their most significant disputes to verdict.
We have tried cases and argued appeals before the U.S. Supreme Court and state supreme courts in addition to federal and state courts across the United States involving almost every foreseeable area of controversy. We also handle disputes before a wide variety of nonjudicial forums, from federal and state agencies to international arbitrations.
Antitrust & Trade Regulation: Gibson Dunn serves clients in virtually every significant area of antitrust and trade regulation law, including cartel and government civil investigations, class action treble damage litigation, private antitrust litigation, government review of mergers and acquisitions, and trade regulation matters.
Appellate: Gibson Dunn has one of the nation’s leading appellate practices with broad experience in complex appellate litigation at all levels of the state and federal court systems. The practice has been involved in matters covering an array of constitutional, statutory, regulatory and common-law issues. Our lawyers have presented arguments in front of the Supreme Court of the United States more than 100 times.
Business Restructuring & Reorganization: The firm has extensive experience in both US and multinational insolvencies. Its lawyers regularly represent and counsel official creditors’ committees, ad hoc creditor groups, secured lenders, investors and companies (including DIP and exit financing) in out-of-court work-outs and Chapter 11 cases.
Commercial Litigation & Arbitration: Gibson Dunn’s approach emphasizes the full spectrum of services for our clients. Our litigators are trained to evaluate actual and potential cases at the earliest stages, to first determine if litigation can be avoided, or, if it is filed, whether the matter can be resolved quickly and economically. We pride ourselves on handling our litigation matters as efficiently as possible. Gibson Dunn lawyers are fully familiar with a wide array of alternative dispute resolution techniques, including arbitration, mediation, “mini-trials” and the like.
Intellectual Property: Gibson Dunn’s deep bench of trial lawyers with technical backgrounds, advanced degrees and industry experience provides the necessary insight to develop and defend against sophisticated claims in a wide range of industries and complex technologies. Our litigators are recognized throughout the industry as leaders in prosecuting, defending and trying IP claims in federal and state courts, before administrative bodies including the U.S. International Trade Commission (ITC) and U.S. Patent and Trademark Office (USPTO), as well as before arbitration panels.
Labor & Employment: Gibson Dunn is known for our unsurpassed ability to help the world’s preeminent companies tackle their most challenging labor and employment matters. We have prevailed in what are believed to be the largest class actions under several different U.S. employment laws, including Title VII, the Americans with Disabilities Act, and the wage and hour laws. Gibson Dun has also worked on high-profile ERISA cases, nationally recognized Sarbanes-Oxley ‘whistleblower’ cases and aggressive advocacy on OSHA issues.
Securities Litigation, Regulation & Corporate Governance: A recognized leader in the defense of securities class actions, derivative litigation and SEC enforcement actions, the firm advises companies on disclosure, accounting and regulatory issues for domestic and foreign regulatory bodies. The partners include nationally recognized securities class action defense counsel and a number of former senior officials with the SEC, NASD and DOJ.
Transnational Litigation: Gibson Dunn’s Transnational Litigation practice specializes in protecting clients against claims in U.S. and other courts stemming from overseas activities, as well as reducing and eliminating the risks posed by foreign litigation that, if unchecked, threaten company-wide implications. Our uniquely skilled, creative and experienced transnational team is equipped to manage all aspects of cross-border litigation, including devising, coordinating and implementing offensive and defensive global strategies and has represented clients in some of the highest-profile cases around the world. Gibson Dunn’s international team consists of US, English, French, Spanish and German-qualified lawyers, many of whom are dual qualified.
White Collar Defense & Investigations: The firm defends prominent companies and executives against federal and state prosecutions and has conducted numerous sensitive internal investigations in areas including anti-money laundering; computer and IP crimes; environmental violations and compliance; FCPA matters; forfeiture (civil and criminal); health care fraud; privacy; procurement fraud; securities, financial institution and accounting fraud; and tax offenses. The practice group includes numerous former federal and state prosecutors and officials, many of whom served at high levels within the DOJ, SEC and other key investigative arms of the government. The American Lawyer named Gibson Dunn the winner in the White-Collar & Regulatory category of its 2016 ‘Litigation Department of the Year’ competition.
Regularly hailed as one of the strongest litigation teams in the industry, the Debevoise litigation practice has been described by The American Lawyer as akin to “the Army Rangers—a small but elite group that works seamlessly and handles the most challenging cases,” consistently delivering outstanding results for its clients. Recent matters include:
Winning a unanimous U.S. Supreme Court victory concerning constitutional limits of state taxation for the Kaestner Family Trust
Securing a historic $6 billion ICSID arbitration win for Tethyan Copper Company Pty Limited
Dismissal of a $14.5 billion qui tam lawsuit filed against Prudential, John Hancock, AXA, Guardian, MassMutual, TIAA and others in the New York Supreme Court
Representing the Board of Directors of CBS Corporation in an investigation of sexual harassment allegations against the CEO and senior personnel
Defeating MZ Wallace’s trade dress infringement claim against our client Oliver Thomas in a complete victory at trial
Negotiating the favorable settlement of a lawsuit brought on behalf of Jane Doe, an 11-year old transgender girl, in her suit to use the girls’ restroom at her school
The firm’s litigation practice is led by co-chairs Mary Beth Hogan and Andrew Ceresney (the immediate past Director of Enforcement at the SEC) and features an all-star roster, including former Attorneys General Lord Peter Goldsmith QC and Michael Mukasey and former Chair of the SEC Mary Jo White, who returned to Debevoise in 2017 following her four-year tenure. Ms. White, who previously served as U.S. Attorney for the Southern District of New York for nine years, is Senior Chair of the firm and leads the Strategic Crisis Response and Solutions Group.
Their team also includes 14 former Assistant U.S. Attorneys or Department of Justice attorneys, including a former federal district court judge, the former Chief of the Criminal Division of the Southern District of New York, the former Acting Assistant Attorney General for the DOJ Criminal Division, the former Deputy Assistant Attorney General for National Security and three former Unit Chiefs of the SEC’s Division of Enforcement.
The breadth of experience offered by Debevoise in and out of the courtroom sets their litigators apart. They bring personal attention, seasoned judgment, deep industry knowledge, credibility and substantive legal experience to each matter, tailoring advice to clients’ needs and circumstances. They work seamlessly and collaboratively with clients and co-counsel and across practices to achieve the best possible results for our clients.
Based in New York, Washington DC, London, Paris, Frankfurt, Shanghai and Hong Kong, their broadly skilled team of nearly 300 litigators handle domestic and cross-border disputes of every kind and complex matters in courts in the United States, the United Kingdom, Hong Kong, France and elsewhere, as well as before arbitration tribunals, agencies and administrative bodies worldwide. They represent clients as plaintiffs and defendants in a wide range of areas, including:
Antitrust & Competition
Arbitration & International Disputes
Cybersecurity & Data Privacy
Insurance Industry Disputes
Labor & Employment Litigation
White Collar & Regulatory Defense
Another notable and distinguishing feature of the Debevoise litigation practice is the success of their women partners. For three consecutive years, Benchmark Litigation has named eight Debevoise women litigation partners among the “Top 250 Women in Litigation”—an exceptional ranking for a firm of its size.
Shearman & Sterling LLP distinguishes itself by harnessing the intellectual strength and deep experience of its lawyers across its extensive global footprint. The firm represents many of the world’s leading corporations, financial institutions, emerging growth companies, governments, and state-owned enterprises. Those clients, in turn, continue to choose Shearman & Sterling for its distinctive ability to leverage the knowledge and judgment of one of the world’s largest and most accomplished cross-border legal teams—a team ideally situated to help clients on their complex business transactions.
Our Litigation Practice: Shearman & Sterling’s Litigation Group is strongly positioned to counsel and protect clients in today’s challenging environment. With attorneys in the United States, Europe, and Asia, our team is ready to assist in any crisis, whether the adversary is a government regulator, a competitor, or a well-funded class action attorney.
Never before have clients faced the array of potential controversies that they do today. Prosecutions and enforcement proceedings relating to alleged business improprieties are at an all-time high. Settlements in securities and antitrust class actions regularly break previous records. What were once mundane commercial disputes have transformed into “scorched earth” battles in which adversaries root through millions of emails and electronic documents.
Such challenging times demand attorneys with the experience to counsel clients through difficult problems, and the fortitude to bring a case to trial if that is the necessary course. Our attorneys are experienced in a wide range of substantive areas, including securities, white collar defense, antitrust, anticorruption/FCPA, M&A litigation, patent litigation, commercial disputes, and arbitration. Equally important, we are trial-ready and trial-tested. Our partners include former prosecutors who have tried dozens of jury trials in United States courts. We are equally strong in the arbitration area, handling numerous contested proceedings every year.
Our attorneys are experienced in a wide range of litigation. The key areas in which we practice include:
Securities Litigation: Aggressive regulators and well-funded class action attorneys have ushered in a new era of high-stakes securities litigation. We handle all such matters, including shareholder class actions, SEC proceedings, corporate governance issues, contested takeovers, and shareholder disputes. Our Securities Litigation Practice draws not only on our litigation attorneys with experience in that area, but also on our top-tier corporate transactional practice, which has been involved in cuttingedge securities issues for many years.
White Collar Defense, Regulation and Enforcement: Our white collar team features former federal prosecutors and regulators with extensive experience representing companies, boards of directors, and individuals in internal investigations, civil and criminal enforcement proceedings, and at trial. Recent experience includes major investigations concerning price-fixing, the Foreign Corrupt Practices Act, insider trading, and other financial fraud.
Antitrust Litigation: Antitrust Litigation: We represent clients across a wide range of industries and counsel them on issues involving all aspects of antitrust and competition law. In the US, we regularly represent clients in civil and criminal matters relating to Sherman Act Section 1 price-fixing, group boycott and market allocation claims; Sherman Act Section 2 monopolization claims; claims arising under state antitrust and unfair competition laws; and merger cases. Similarly, in Europe, we have counseled and represented a wide range of clients in relation to cartels, cooperation agreements, dominance cases, mergers, and state aid in front of the European Commission and national competition authorities.
M&A Litigation: Clients rely on Shearman & Sterling to provide a one-stop solution for the most complex M&A transactions, the associated due diligence, as well as any litigation that may ultimately arise. Our litigators work closely with our transactional M&A attorneys and are often involved at the earliest stages of the transaction to provide advice and guidance throughout the process.Our M&A litigators represent corporations, investment banks, boards of directors, special committees, and other major players involved in highstakes transactional litigation.
Commercial Disputes and Business Law: We have represented corporations, partnerships, joint ventures, and other entities in a variety of business-related disputes relating to breach of contract, fraud, professional malpractice, business torts, and insurance and reinsurance matters. Intellectual Property Litigation: Our intellectual property litigation practice offers a full range of legal services relating to the defense, enforcement and commercial exploitation of intellectual property assets. Our services include litigation and dispute resolution in district courts, at the ITC and before arbitral panels; inter partes and ex parte validity proceedings before the USPTO; and strategic counseling regarding litigation and licensing
Arbitration: Our attorneys handle both domestic and international arbitrations. The International Arbitration Group, centered in Paris, has particular experience in international arbitrations in the areas of investment, construction, energy, business combinations, intellectual property, and general commercial disputes. We have represented parties in arbitrations under the rules of all of the major worldwide arbitration organizations.
Practice Areas: Bankruptcy • Antitrust • Intellectual Property • White Collar Crime • International Arbitration • General Commercial • Securities Office Locations Abu Dhabi • Austin • Beijing • Brussels • Dubai • Frankfurt • Hong Kong • Houston • London, Menlo Park • Milan • New York • Paris • Riyadh* • Rome • San Francisco • São Paulo • Seoul • Shanghai • Singapore • Tokyo • Toronto • Washington, DC
(*Dr. Sultan Almasoud & Partners in association with Shearman & Sterling LLP)