Playing the Long Game: Mayer Brown, Finalist for Litigation Department of the Year
Mayer Brown leads the charge in industry-changing litigation, earning it a spot as finalist for the Litigation Department of the Year.
December 19, 2017 at 06:55 AM
5 minute read
Spokeo was less than four years old when it faced a class action with the potential to destroy the budding person-search company. The suit, filed in 2010, alleged that Spokeo Inc. violated the Fair Credit Reporting Act by providing incorrect information about certain individuals. The company turned to Mayer Brown.
From the start, the defense team saw the potential for broad-reaching precedent. "What really stuck in the Spokeo C-suite's mind when we made this decision was the nature of this case where the plaintiff had no injuries," says general counsel Jason Matthes, who joined the company when the litigation had reached the appellate stage.
Instead of settling to avoid class certification, Mayer Brown took its "no-harm" argument—that the alleged FCRA violations hadn't caused actual damages—all the way to the U.S. Supreme Court, where the justices ruled in Spokeo's favor. The decision was a game-changer for class actions, setting the precedent that litigants must show actual injury, not just a statutory violation. Since the ruling in May 2016, Spokeo has been cited in more than 500 cases, with 40 percent of courts finding no standing, according to the firm.
Mayer Brown has found success in out-of-the-box arguments that shape not just the client's path forward, but an entire industry's practices, making the firm a clear finalist for Litigation Department of the Year.
In Rapid Litigation Management v. CellzDirect, Mayer Brown, along with co-counsel at Loeb & Loeb, fought for their client's right to patent a new process for re-refreezing donor liver cells. The appellate win in Illinois was a victory not just for CellzDirect, but for any owner of life science patents for innovative processes.
The firm took on the practice of gerrymandering in Maryland in Shapiro v. McManus: After the plaintiffs' losses at the district court and U.S. Court of Appeals for the Fourth Circuit, Mayer Brown jumped in at the U.S. Supreme Court with a new approach, contending that gerrymandering practices were a form of First Amendment retaliation. The justices agreed, and while the case is ongoing, the Supreme Court win has laid a foundation for future arguments.
"We try to focus on the long game," said Michael Lackey, head of Mayer Brown's global litigation and dispute resolution practice. The firm keeps appellate arguments in mind at each level of litigation, sometimes resulting in industry-shaping precedent.
Department Size and Revenue Partners: 179 Associates: 238 Other: 30
Department as Percentage of Firm: 28% Percentage of Firm Revenue, 2017: 30%
In another appellate showdown, Mayer Brown took the reins for Impression Products in the Supreme Court, after Avyno Law lost Impression's Federal Circuit appeal over the sale of used ink cartridges. Lexmark International Inc. had sued Impression for patent infringement after learning that Impression buys used Lexmark cartridges, refurbishes them and resells them at a discount.
A Supreme Court loss could have created an intellectual property headache not just for Impression, but for various other sellers of used goods. Mayer Brown persuaded the justices that Lexmark had exhausted its patent by selling the cartridges, allowing Impression to continue its sales in the United States and abroad.
When Nestlé Purina PetCare Co. faced severe reputational damage—allegations that its Beneful dog food was toxic—the company chose not to back down from a hard fight. Mayer Brown was ready. The accusations had spread across social media, and attracted the attention of traditional media. In their motions for summary judgment, Mayer Brown took almost 50 depositions to show that plaintiffs had no evidence connecting Beneful to any dog injuries or deaths.
"It's hard to prove a negative, especially when people get so emotional about their pets," says Purina PetCare chief legal officer Susan Denigan. "It's not just the legal side of the case, but it's also the corporate reputation that goes along with it."
But Mayer Brown will forgo a courtroom fight for a settlement if the client's interests call for it. When client Virgin America aimed to merge with Alaska Air Group, Mayer Brown not only steered the airlines through regulatory hoops, but saw them through a California plaintiff's lawyer's eleventh-hour antitrust suit, reaching an agreement with the plaintiffs in time for the merger to close.
With the upcoming matters on the firm's docket, it's clear that Mayer Brown will keep taking on the high stakes. The firm is defending water engineering company Veolia against claims stemming from Flint, Michigan's lead contamination problem. And in Hall v. DirecTV, a Fair Labor Standards Act suit involving overtime pay, the firm is seeking to argue before the Supreme Court that the Fourth Circuit created improper requirements for commonplace contracting arrangements.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWhen Law Firms Get Hacked, Are Their Corporate Clients on the Hook?
Former Mayer Brown Counsel Alleges Disability Discrimination Following Breast Cancer Diagnosis
Duane Morris Uses Nonequity Partnership as 'Income Shifting' Device, Class Action Contends
5 minute readFTX Customers Double Down on Claims Against Sullivan & Cromwell
Trending Stories
- 1Uber Files RICO Suit Against Plaintiff-Side Firms Alleging Fraudulent Injury Claims
- 2The Law Firm Disrupted: Scrutinizing the Elephant More Than the Mouse
- 3Inherent Diminished Value Damages Unavailable to 3rd-Party Claimants, Court Says
- 4Pa. Defense Firm Sued by Client Over Ex-Eagles Player's $43.5M Med Mal Win
- 5Losses Mount at Morris Manning, but Departing Ex-Chair Stays Bullish About His Old Firm's Future
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250