Daily Dicta: Cheers to the 2017 Litigators of the Week Winners
From fighting the travel ban to negotiating Michael Flynn's plea deal to suing the DJ who groped Taylor Swift, the lawyers featured each Friday as our Litigators of the Week have been in the middle of the year's biggest stories. Here's a look back at the winners.
December 22, 2017 at 01:33 PM
20 minute read
From fighting the travel ban to negotiating Michael Flynn's plea deal to suing the DJ who groped Taylor Swift, the lawyers featured each Friday as our Litigators of the Week have been in the middle of the year's biggest stories.
Each Friday, we bestow the title on the lawyer or team with the most noteworthy win from the prior seven days. Looking back at the 2017 winners, they're a who's-who of the top litigators in the United States—the most creative, successful courtroom advocates practicing today.
The most-honored firm? Gibson, Dunn & Crutcher, which won the award six times.
As for individual lawyers, three of them won Litigator of the Week twice in 2017: Neal Katyal of Hogan Lovells (who also took The American Lawyer's grand prize for litigator of the year) and Kirkland & Ellis partners Craig Primis and K. Winn Allen.
In all, we named 76 lawyers Litigator of the Week (some weeks, the award was shared by co-counsel). However, only 12 of them were women, a reminder that women continue to be under-represented as first-chair litigators. Still, it's an improvement over last year, when only eight winners were women. (Curious how this year's winners stacked up against 2016? See 2016 in Review: Litigators of the Week, Take a Bow).
Here's a chronological look back at the 2017 champions, whose profiles tell the story of the year in litigation.
January 6
After 14 years and two trips to the U.S. Supreme Court, Boies, Schiler & Flexner partners David Boies and Carl Goldfarb secured a $100 million settlement from Halliburton.
January 13
In a case with billions of dollars at stake, McDermott Will & Emery partners William G. Gaede III and Sarah C. Columbia won a rare post-trial ruling for Amgen Inc. that booted a rival's drug from the market.
January 20
When Chelsea Manning's 35-year prison sentence was commuted, it send shock waves among internet commentators, monopolized several news cycles and solidified Nancy Hollander's reputation as a rock-star criminal defense lawyer.
Arent Fox partner Russell McRory got a win when the U.S. Court of Appeals for the Second Circuit reinstated a case he brought against Volkswagen—and he wasn't about to let a bigger problem wipe out his victory.
February 3
In one of the first cases to go to trial since the Supreme Court lowered the bar for prosecutors in insider trading cases, Goodwin Procter partners Grant Fondo and Derek Cohen handed the feds a big defeat
February 10
Working in an atmosphere rife with uncertainty, misinformation and often devoid of communication by government officials, lawyers including Shaimaa Hussein of Willkie Farr & Gallagher and Mayer Brown partners Paul Hughes and Andrew Pincus, surrendered sleep, prepared for every contingency and, in some cases, went with their gut to bring their clients safely to the United States.
February 17
Kirkland & Ellis partners Craig Primis, K. Winn Allen and Devora Allon made it impossible for Florida to build its case against Georgia in an epic battle over water rights.
February 24
Covington & Burling's Benjamin Razi and Bruce Baird persuaded a New York jury that the federal government should return 47 luxury cars and $3.4 million in cash seized from a Chinese couple running an import-export business.
March 3
Some winds take time. Sullivan & Cromwell partners Robert Giuffra Jr. and Brendan Cullen know that for sure—it took them almost 15 years to win dismissal of a would-be class action against UBS stemming from Enron's collapse.
March 10
Proskauer Rose partners Bart Williams and Manuel Cachán scored first defense win in the talcum powder litigation for Johnson & Johnson.
March 17
Hogan Lovells associate Colleen Roh Sinzdak shared argument time with partner Neal Katyal in challenging the executive order on immigration in the U.S. District Court of Hawaii.
March 24
Robin Cohen, the head of McKool Smith's insurance recovery practice, forced a group of insurers to reimburse Verizon for fending off a failed $14 billion lawsuit.
March 31
Reid Weingarten and Brian Heberlig of Steptoe & Johnson had four boxes full of evidence meant to destroy the credibility of Pennsylvania's former treasurer on the witness stand. Turns out, they didn't need to open a single box.
April 7
Hogan Lovells partners Craig Hoover and Adam Levin defeated a class action against Anthem Inc. by 87,000 former employees and retirees of the state of Connecticut.
April 14
For a trial lawyer, sometimes backing away from a fight is the smartest move to make. That was the lesson that Sullivan & Cromwell partner Garrard Beeney said stuck with him as he argued his way to an $814.9 million arbitration win for BlackBerry.
April 21
Solo practitioner Howard J. Bashman, author of the appellate blog “How Appealing,” got a $55 million award affirmed for a man who was paralyzed during a rollover accident.
April 28
It all comes back to square one. That's how Gibson Dunn litigator Theodore “Ted” Boutrous Jr. describes his strategy for handling appeals—and it helped Travelers Insurance dodge a $36 million bullet.
May 5
A federal jury in New Orleans deliberated for less than two hours before coming back with a defense win in the first bellwether trial over the blood thinner Xarelto. That's a bona fide slam dunk–even for lead defense counsel Beth Wilkinson of Wilkinson Walsh + Eskovitz.
May 12
You might say WilmerHale's William Lee and Joseph Mueller were in a good position heading into trial in Delaware on behalf of Intel Corp. The day it began, the judge compared their opponent's patent case to someone “floating off into the inky blackness of space with no hope of survival or rescue.”
May 19
Cohen Milstein Sellers & Toll partner Joseph Sellers just won approval of a major settlement in a decades-old discrimination class action, for what he hopes is the last time.
May 26
Long & Levit partners Joseph McMonigle and Jessica MacGregor defended JAMS and one of its neutrals over resume-padding charges.
June 2
Andrew Tulumello co-chairs Gibson, Dunn & Crutcher's sports law practice, so he's familiar with the term “double play.” He pulled one off this week, bringing home two big victories for his clients, including a Supreme Court win.
June 9
For the second time in the past eight months, Orrick's Lynne Hermle convinced a Los Angeles jury to side with Elon Musk-led SpaceX in a lawsuit brought by a disgruntled former employee.
June 16
It has been an eventful spring for Williams & Connolly partner Kannon Shanmugam. In April, his wife Vicki gave birth to their third son, Henry. The U.S. Supreme Court delivered two other bundles of joy: victories in both the cases he argued this term.
June 23
Hogan Lovells partner Neal Katyal scored a game changing win in a SCOTUS case that fundamentally alters the growing practice of mass tort litigation–starting right now. How'd he do it? Hint: “It's not like I sit in my room and read the briefs.”
June 30
To win a defense verdict in a $350 million trade secrets fight between the world's two largest essential oil companies, Ballard Spahr partner Mark Gaylord first had to convince a Utah judge that the case boiled down to simple contract dispute.
July 7
Stroock & Stroock & Lavan partner James Bernard led a fight to recover more than $1 billion in assets for creditors who obtained favorable rulings from U.S. courts for losses suffered in Iran-backed attacks.
July 14
Following a string of successful mortgage-backed securities cases against most of the banking industry, Philippe Selendy of Quinn Emanuel Urquhart & Sullivan notched another achievement this week.
July 21
For a criminal defense lawyer, there's no better feeling than winning exoneration for a deserving client. Just ask Willkie Farr & Gallagher partner Michael Schachter.
July 28
Veteran Texas litigator Mike McKool of McKool Smith calls the breach of contract case pitting producer Quincy Jones against MJJ Productions and the estate of pop superstar Michael Jackson “one of the most enjoyable I've ever handled.”
August 4
In Stuart Newberger's legal practice, patience is essential. So when the Crowell & Moring partner logged a significant win in a terrorism suit against Sudan before the U.S. Court of Appeals for the D.C. Circuit, he shrugged off the fact that it came 17 years after his clients first came to him.
August 11
Haynes and Boone partner David Siegal beat back a securities fraud case against international financier Benjamin Wey when the feds abandoned their case over evidence issues.
August 18
Forgive the tabloid headline. Venable partner J. Douglas Baldridge is actually quite discreet when discussing his famous client. But he litigated under a blinding spotlight.
August 25
Mark Robinson of Robinson Calcagnie Inc. and Allen Smith of The Smith Law Firm won a $417 million verdict in the first talcum powder trial in California.
September 1
O'Melveny & Myers partners Daniel Petrocelli and Jeffrey Barker scored a total knockout of dozens of class actions brought over a 2015 bout dubbed the “Fight of the Century.”
September 8
It was an offer his client couldn't refuse. That's how Fried, Frank, Harris, Shriver & Jacobson partner Steven Witzel described the deal offered by the U.S. Securities and Exchange Commission to his client William Tirrell.
September 15
You might call it a literary success. Susan Kohlmann, managing partner of Jenner & Block's New York office, secured a shutout win for the stepdaughter of John Steinbeck in the latest installment of a long-running legal feud over book rights that has divided the late author's progeny.
September 22
Gibson, Dunn & Crutcher partners F. Joseph Warin and Jason Mendro won dismissal of a class action over a massive data breach.
September 29
When Randy Mastro met Lynn Tilton, the “Diva of Distressed” was facing the biggest SEC administrative case of all time–and her trial date was six weeks away. Mastro and his team from Gibson, Dunn & Crutcher defied the odds to win complete vindication.
October 6
They called it “a tale of two Citis.” Representing Lehman Brothers and its creditors committee, Quinn Emanuel Urquhart & Sullivan partner Andrew Rossman led a team in securing a $1.74 billion settlement from Citigroup on Sept. 29
October 13
Seeger Weiss partner David Buchanan and Troy Rafferty, a shareholder at Levin Papantonio Thomas Mitchell Rafferty Proctor, racked up wins in bellwether trials involving AndroGel.
October 20
In the nationwide litigation over talcum powder, Johnson & Johnson turned to Thomas Weaver of Armstrong Teasdale to overturn a $72 million verdict in Missouri. But a lot more was at stake than $72 million.
October 27
Lawyers from five mega-firms came together to fight a $90 billion reverse False Claims Act lawsuit: Christopher Landau of Kirkland & Ellis; Alice Fisher of Latham & Watkins, Raymond Cardozo of Reed Smith, Seth Rosenthal of Venable and William Goodman of Bradley Arant Boult Cummings.
November 3
In a battle over classifying workers as employees or independent contractors, Gibson Dunn partner Jason Schwartz figured out how to reframe the fight.
November 10
Kirkland & Ellis partners K. Winn Allen and Craig Primis successfully defended Honeywell International against a labor contract challenge, wading into an area of case law that even one of the judges called “a mess.”
Nov. 17
Against the odds, Jennifer Doan of Haltom & Doan, Mark Ferguson of Bartlit Beck Herman Palenchar & Scott, and David Dolkas of McDermott Will & Emery convinced a jury that Hewlett Packard Enterprise did not infringe a key patent, and that the patent itself was invalid.
December 1
Michael Li-Ming Wong of Gibson, Dunn & Crutcher gave Uber Technologies a sorely needed legal win, securing dismissal of a long-running data breach class action brought on behalf of about 50,000 drivers.
December 8
While we may never know what Special Counsel Robert Mueller III had on Michael Flynn, it's hard to imagine a much better deal for the retired general. It's a testament to the work of his lawyers, a team at Covington & Burling led by partners Robert Kelner and Stephen Anthony.
December 15
Shearman & Sterling's Joseph Frank prevailed on behalf of Japanese financial giant Nomura in a case with hundreds of millions on the line. And the decision by New York's highest court could save billions for other banks in similar situations.
U.S. District Judge George Daniels found the case presented a “nonjusticiable political question” and that Congress should be the branch of government responsible for sanctioning or challenging Trump's actions if they do indeed violate the emoluments clauses.
“This system is flawed for a number of reasons, including that the judge may be the perpetrator of the misconduct or the clerk may be new to the environment and unsure of how to interact with the judge.”
The SEC claims the retail investment companies defrauded more than 8,400 investors, many of whom were elderly. DLA Piper's Ryan O'Quinn is defending former CEO Robert H. Shapiro.
Former Katten Muchin Rosenman partner Evan Greebel's lawyers from Gibson Dunn argued the prosecution was promoting a “dangerous concept” that Greebel was “guilty by representation.”
He found the federal agencies' action amounted to “a reversal of their approach to striking the proper balance between substantial governmental and societal interests.”
President Ronald Reagan nominated Glasser for the federal bench on Nov. 23, 1981. “They asked me, 'What makes you think you'd be a good judge,'” he said. “I told them 'I don't have the vaguest idea but I know I'd be a good one.'”
“2018 will be the year of opioid litigation,” said Jay Edelson of Edelson PC.
The explosion of cybersecurity regulation in 2017 signifies an even more significant litigation year in 2018, both here and abroad.
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