Sidley Austin

Tell us about your biggest trial win from January 2018 through June 2019 and how you achieved the result for your client.

I led the Sidley team which defended DIRECTV against a [Federal Trade Commission] lawsuit alleging that the company engaged in deceptive advertising regarding the conditions of its introductory pricing and premium channel offerings. The FTC sought nearly $4 billion in restitution and permanent injunctive relief. Our team prepared a robust defense proving how consumers were not deceived as alleged and were not harmed as a result of the advertising.  The court entered judgment in DIRECTV's favor on the false advertising claims and the entire case was thereafter dismissed. The case was precedent setting on the critical issue of how the FTC will have to meet its burden of proof in advertising cases.

Share two trial tips that have been key to your success.

1) Organize your trial presentation around a limited set of simple trial themes that guide fact and expert witness testimony and inform your arguments.

2) Have the judgment to know when to step back and let a testifying witness "carry the day" or, alternatively, when to assert control of an examination.