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AKIN GUMP STRAUSS HAUER & FELD There’s an old saying: “Mess with the bull, and you’ll get the horns.” The horns for a bunch of plaintiffs’ firms would be Akin Gump Strauss Hauer & Feld, which likes to cite the quotation when discussing its litigation strategy. The firm, founded in 1945, can field 900 attorneys in offices around the world. Noteworthy cases:Matsushita Electrical Industrial Co. v. Samsung Electronics Corp., No. 02cr336 (D.N.J. 2006). Lead counsel Jeff Sherwood. Panasonic filed suit against South Korea’s Samsung Electronics Co. in 2002 alleging infringement of some of its patents and demanding $300 million in damages. The jury took three days to decide both that Samsung was not an infringer and that two key Panasonic patents were invalid. The case served notice to Korean and Japanese electronics companies trying to protect market share by going after their rivals in U.S. courts. • In the Matter of Certain High-Brightness Light Emitting Diodes and Products Containing Same, No. 337-TA-596 (ITC 2007). Trial counsel Yitai Hu, Art Weinberg, Sean DeBruine and Colleen Coyle. An administrative law judge sided with Akin Gump client Epistar Inc. in Phillips’ challenge to patents related to light-emitting diode technology. The judge did find infringement of a third patent, but Epistar had already redesigned its products to avoid the claimed feature. • In re Granite Broadcasting Corp., No. 06-12984 (Bankr. S.D.N.Y. 2007). Lead counsel Ira Dizengoff, Steve Baldini, Russell W. Parks Jr. and Daniel H. Golden. Akin Gump’s litigators were enlisted to rescue the restructuring plan for Granite Broadcasting Corp., the nation’s largest minority-owned broadcasting company. Dissident stockholders claimed the plan unfairly favored Chief Executive Officer Don Cornwell. An examiner found potential claims for breach of fiduciary duty by Granite, but the judge overruled the examiner and confirmed the plan in mid-May. COOLEY GODWARD KRONISH Some 580 attorneys, including 250 litigators, pursue their profession at Palo Alto, Calif.-based Cooley Godward Kronish on behalf of clients in a broad range of industries, in complex commercial, white-collar crime, securities fraud and intellectual property cases. Clients include leading companies like eBay Inc., Gilead Sciences Inc. and Owens Corning. Noteworthy cases:Monolithic Power Systems Inc. v. O2 Micro International Ltd., No. 04-cv-02000 (N.D. Calif. 2007). Trial counsel Thomas Friel, Jim Brogan, Matthew Brigham and Brian Mitchell. With $500 million at stake, Cooley defended a semiconductor manufacturer against patent infringement claims. Cooley won a jury verdict invalidating the plaintiff’s patent, which juries had sustained in litigation defended by other firms. • Capital Trading Co. v. Litvack, No. CIV 459751 (San Mateo Co., Calif., Super. Ct. 2007). Trial counsel John Dwyer, Gordon Atkinson and Martin Schenker, with Conor Medsystems Inc. Associate General Counsel Heather Turner. Johnson & Johnson’s $1.4 billion acquisition of Conor Medsystems was at risk when unhappy shareholders alleged that the target firm had withheld material facts from its proxy statement. A state trial judge ruled that none of the matters was material to the deal. DECHERT Dechert boasts 991 lawyers in 17 offices in the United States and Europe, including 384 litigators. It is one of four national trial counsel firms for Merck & Co. in litigation over the pain medication Vioxx. In 2005, Dechert scored the first defense verdict for the company in defense-unfriendly Atlantic County, N.J. Noteworthy cases:Doherty v. Merck & Co. Inc., No. ATL-L-638-05-MT (Atlantic Co., N.J. Super. Ct. 2007). Lead counsel Diane P. Sullivan with Paul F. Strain of Washington-based Venable. The jury declared that the pain medication did not cause or contribute to the heart attack of a 68-year-old woman and that the company had not violated state consumer fraud law � signaling that Merck could prevail against long-term Vioxx users. • Hermans v. Merck & Co. Inc., No. ATL-L-5520-05 MT (Atlantic Co., N.J., Super. Ct. 2007). Lead counsel Diane P. Sullivan and Hope S. Freiwald, and with Paul F. Strain of Venable. In the opening of a two-phase trial arising from the cardiac death of a 44-year-old athlete, the jury concluded that Merck had given adequate warning of Vioxx’s risks, obviating the need for the second phase on proximate cause. • Lucent Technologies v. Gateway Inc., No. 02-CV-2060-B (S.D. Calif. 2007) (consolidated with No. 03-CV-0699-B and No. 03-CV-1108-B). Trial counsel Bryan Farney, Jonathan Baker, Robert Rhoad and Steven Daniels. A massive patent case that resulted in a $1.5 billion infringement verdict against Microsoft Corp. had a happier ending for co-defendant and Dechert client Gateway Inc. The judge tossed infringement claims that would have cost Gateway $191 million. A claim construction hearing on remaining claims is pending. KAYE SCHOLER Kaye Scholer, headquartered in New York, fields some 500 attorneys in offices around the world, including 270 litigators. The firm can point to seven major patent trial victories since the beginning of 2006, and has made a habit of prevailing for deep-pocketed defendants facing massive financial exposure, and in setting trial strategies adopted in subsequent litigation. Noteworthy cases:Pfizer Inc. v. Teva Pharmaceuticals USA Inc., No. 04-754 (D.N.J. 2007). Lead attorney Leora Ben-Ami. Pfizer defended its patents on its top-selling drug, Celebrex, in a patent fight with a generic manufacturer. Following a 17-day bench trial, the judge ruled that the patents were valid and enforceable, and that the other side had infringed them, preserving Pfizer’s rights to a drug that brought sales of $1.57 billion last year. • Barry Fiala Inc. v. Stored Value Systems Inc., No. 2:2002cv02248 (N.D. Calif. 2006). Lead counsel Alan M. Fisch and Kelly A. Clement. Hundreds of retailers could have been crippled had the plaintiff prevailed in his Christmas-season claim that a Comdata subsidiary had infringed its retail gift-cards patent. Thirteen other defendants settled, and in one case a bench trial ended in a plaintiff’s verdict. Here, a three-week jury trial ended in a verdict that the patent was invalid, and that cleared Comdata of infringement. • Am. Classic Voyages Co. v. JP Morgan Chase Bank (In re Am. Classic Voyages Co.), No. 01-10954 (KJC), Adv. Pro. No. 03-56998 (KJC) (Bankr. D. Del. 2007). Lead counsel Anthony Stamato. The plan administrator for a cruise line, in bankruptcy following the Sept. 11, 2001, attacks, challenged a prebankruptcy payment of $30,000 to a lender. Following a weeklong trial, the judge ruled the payment was proper because the company was legally solvent at the time. The ruling provided important guidance in this legal area. KIRKLAND & ELLIS Plaintiffs’ counsel had best be prepared when they enter the courtroom against 1,300-attorney Kirkland & Ellis � they can be sure that the defense team will be. The Chicago-based firm’s basic strategy is to round up the evidence, test it in mock proceedings and even to offer to present its opening statement to the other side’s executives � to demonstrate that the firm will aggressively try its case. Noteworthy cases:Leonard v. Nationwide Mutual Insurance Co., No. 1:05CV475 LTS-RHW (S.D. Miss. 2006). Trial counsel Daniel F. Attridge and Thomas A. Clare, with H. Mitchell “Micky” Cowan of Watkins Ludlam Winter & Stennis in Jackson, Miss. The court ruled for the insurance company in the first claim by some 2,000 Mississippi policyholders challenging water-damage exclusions in their homeowner policies following Hurricane Katrina. The ruling left the insurers in some legal jeopardy, but substantially reduced the threat to insurers’ long-held understanding that even though “storm surge” was not expressly excluded in policies, it still could be considered excluded flood damage. • Jones v. NL Industries Inc., No. 4:03CV229 (N.D. Miss.). Lead counsel Michael D. Jones. The jury returned a unanimous verdict for the paint manufacturer against 14 children seeking $125 million for brain damage and other health problems they attributed to lead paint. The defense pointed to other sources of contamination, including lead found in soil samples near the children’s homes, and to possible congenital problems. • Arlin Adams, Trustee (for Coram Healthcare Corp.) v. Price Waterhouse LLP, No. 97 L 14456 (Cook Co., Ill., Cir. Ct. 2006). Trial counsel Emily Nicklin and Sallie G. Smylie. In an accounting liability lawsuit, the trustee for the home health care provider sought $300 million in damages on the ground that auditors missed a major overstatement in the company’s assets. The verdict came a few hours after closing arguments. MORRISON & FOERSTER Morrison & Foerster was founded in San Francisco in 1892 and today deploys more than 1,000 lawyers, including nearly 500 litigators, in offices around the world. The 200-strong intellectual property litigation practice has won high-stakes patent fights for clients including Apple Inc., Fujitsu Ltd. and the University of California. Happy clients of Morrison’s 150-attorney white-collar defense and securities litigation practice include former Hewlett-Packard Co. Chairwoman Patricia Dunn. Noteworthy cases:U.S. v. Bruens, No. 05-CR-10102 (D. Mass 2007). Trial counsel Adam S. Hoffinger and Demme D. Joannou. Pharmaceutical company Serono EMD Inc., accused by the U.S. government of civil and criminal price-fixing, settled for $704 million, a near-record amount. The four executives accused chose to fight the charges; one of them, regional sales director Melissa Vaughn, retained Morrison & Foerster. Following a three-week trial, the jury took less than three hours (including lunch) to acquit all four. The defense established that sales tactics for the anti-HIV-wasting drug Serostim � including sending doctors to a conference in Cannes, France � were industry practice and not intuitively illegal. The outcome cast doubt on the government’s approach to such cases. • Forgent Networks Inc. v. EchoStar Communications Corp., No. 6:06-CV-208 (E.D. Texas 2007). Co-lead counsel Rachel Krevans, with Otis Carroll of Ireland, Carroll & Kelley of Tyler, Texas. A dozen technology companies agreed to pay $28 million when accused of infringing IP holding company Forgent Networks Inc.’s digital video recorder patent. EchoStar took it to an east Texas jury. The plaintiff demanded $205 million, but the jurors took about one hour to declare the patents invalid. • People v. Dunn, No. CC644296 (Santa Clara Co., Calif., Super. Ct. 2007). Counsel James J. Brosnahan. The felony prosecution of Dunn for aggressive tactics for probing boardroom leaks died with a whimper when the judge threw out the case. PAUL WEISS Paul, Weiss, Rifkind, Wharton & Garrison is a 570-attorney New York firm whose 313 litigators are known for vigorous tactics on behalf of corporate clients including Citigroup Inc. and MasterCard International, as well as for Guant�namo Bay, Cuba, detainees. Noteworthy cases:U.S. v. McCall, No. CR 00-00505 MJJ (N.D. Calif. 2006). Trial counsel Theodore V. Wells Jr. and Michael E. Gertzman. The key to the acquittal of former McKesson Corp. Chairman Charles W. McCall on a count of conspiracy to commit securities fraud, and a hung jury on six related counts, was seizing upon a stray bit of deposition testimony that undermined a key government witness’s story. • Dastgheib v. Genentech Inc., No. 04CV01283 (E.D. Pa.). Trial counsel Kenneth A. Gallo and Maria T. Vullo. Turning the David v. Goliath narrative on its head, Paul Weiss defeated a scientist’s $1.16 billion claim that biotech giant Genentech Inc. had stolen his research to create its blockbuster Lucentis anti-macular degeneration drug. To counter anti-corporate bias among jurors, the defense showed the human face of Genentech’s researchers and portrayed the company as defending its employees’ honor. • Gutierrez v. Johnson & Johnson, No. 01-5302 (WHW) (D.N.J 2006). Trial counsel Jeh C. Johnson and Theodore V. Wells Jr. The firm defeated a putative class action, based on a U.S. Supreme Court footnote, alleging that the parent company delegated too much authority to its separately incorporated subsidiaries, thereby condoning discrimination. The company argued that overly strict oversight of such a widely diverse corporation was not workable, and that the class would be too unwieldy � “unprecedented scope and diversity,” as the judge put it. After five years in court, the judge rejected certification. SHOOK, HARDY & BACON Kansas-City, Mo.-based Shook, Hardy & Bacon commands 484 lawyers, of whom a full 95% are litigators, in strategic locations in the United States, London and Geneva. Its clients include some of the world’s largest tobacco, pharmaceutical, automotive, chemical, financial services and food companies. Noteworthy cases:Derr v. Foot Locker Inc., No. 2:04-cv-09523-AG-E, C.D. Calif. 2006). Trial counsel William C. Martucci and Kristen Page. Against a sympathetic plaintiff with a history of stellar job evaluations, and facing an array of unflattering evidence of age bias, Shook Hardy secured a unanimous defense verdict. The plaintiff demanded nearly $30 million in damages, but was willing to settle for what the defense thought an exorbitant $4.1 million. • Ball v. Bayard Pump & Tank Co., No. 99-06438 (Montgomery Co., Pa., Ct. C.P. 2007). Trial counsel David R. Erickson, Paul A. Williams, Joel R.Mosher and Seth A. Miller. Neighbors blamed a host of health problems on the underground leakage of 13,000 gallons of gasoline from a filling station’s tanks. In a bellwether trial, the jury accepted defense arguments that any exposure was insufficient to have caused harm and that property values hadn’t suffered. • Green v. Alpharma, No. CV203-2150-2 (Washington Co., Ark., Cir.. Ct. 2006). Trial counsel Robert T. Adams, John Johnston, Donald K. Kemna and Steven C. Soden. The jury rejected a $10 million claim by an Arkansas boy whose family blamed his leukemia on arsenic-laden chicken litter dust generated by the use of an anti-parasitic drug at a poultry facility. The firm put on expert testimony casting doubt on any link between arsenic and leukemia in general and in the boy’s case in particular. A loss could have forced major changes in the meat-packing industry. SIDLEY AUSTIN Litigators represent nearly half of the 1,700 attorneys at Sidley Austin, which was born in 2001 by the marriage of a New York and a Chicago firm dating, respectively, to 1914 and 1866. The firm represents large corporate clients in complex litigation, including criminal and civil antitrust matters, toxic torts, contract disputes, business torts and more. Noteworthy cases:Applied Medical Resources Corp. v. Ethicon Inc., No. SACV03-1329 (C.D. Calif. 2006). Lead co-counsel John W. Treece, with John Quinn of Weil, Gotshal & Manges and Johnson & Johnson in-house counsel Katy Meisel. A competitor claimed that a J&J subsidiary violated antitrust law by bundling products and offering steep discounts to large customers. With more than $150 million in damages at stake, and a similar case worth as much as $4 billion pending in New York, J&J mounted a team defense. Treece, an antitrust specialist, put on the defense economic expert and key J&J personnel who negotiated contracts, and argued that J&J’s practices benefited customers without being unfair to competitors. The jury agreed. The New York case settled. • L-3 Communications Corp. v. OSI Systems Inc., No. 02 Civ. 9144 (PAC) (S.D.N.Y. 2006). Lead counsel Howard J. Rubinroit. Sidley’s client, a securities company, found itself on the defensive after it agreed with another security company to buy a third firm. The second firm went to court to invalidate the deal, and because it reached the courthouse first it secured the right to mount its case before the three-week trial could grind down the jury. When the time came to present its own case to a restless jury, Sidley had to make strategic decisions about which of its witnesses were most crucial. Ultimately, the jury awarded the client $33 million in compensatory and $92.6 million in punitive damages. WEIL, GOTSHAL & MANGES Founded in New York in 1931, Weil Gotshal now fields some 1,200 lawyers in 19 offices in commercial and financial centers in the United States, Europe and Asia. The litigation department comprises 460 attorneys. Well known for its intellectual property litigation group, the firm also handles securities, labor and employment, products liability and other complex litigation for some of the country’s largest corporations. Noteworthy cases:Applied Medical Resources Corp. v Ethicon Inc., No. SACV03-1329 (C.D. Calif. 2006). Lead co-counsel James W. Quinn, with John Treece of Sidley Austin and Johnson & Johnson in-house counsel Katy Meisel. Quinn’s role in the “virtual law firm” played to his strengths as a veteran trial lawyer: giving the opening and closing statements and cross-examining key plaintiff’s witnesses to secure a defense verdict. The judge called it “a model of how a large, complex case can be prepared in a timely, efficient and gracious manner.” • Ceskoslovenska obchodni banka ca Nomura International, No. 30 Cm 25/2003 (Prague, Czech Rep., City Ct. 2006). Trial counsel Karolina Horakova, Roman Vojta, Libor Moravek, Jiri Kindl, Alena Vlachova and Barbora Balastikova. Client Nomura International PLC was one of four parties facing some $1 billion in claims arising from the collapse, forced sale and state bailout of the Czech bank IPC, in which Nomura, a Japanese bank, held a 46% stake. The dispute led to international arbitration and a trial, but a Czech court concluded that Nomura had not broken Czech law. • Zeppetella v. Second Chance Body Armor Inc., No. CIN034151 (San Diego Co., Calif., Super. Ct. 2006). Trial counsel Arvin Maskin, Michael Lyle and Conrad Cailteaux. The jury rejected a $30 million compensatory claim plus punitive damages for the widow and small child of a police officer killed because of the failure of a bulletproof vest manufactured with fibers fabricated by client Toyobo America Inc. The jury hung on one additional claim, but found for the plaintiff on another claim worth $3.5 million, of which Toyobo’s share is 10%.

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