Lewis Clayton of Paul Weiss Rifkind Wharton & Garrison. HANDOUT.Winning Litigators: Lewis Clayton, Paul, Weiss, Rifkind, Wharton & Garrison
Our 2019 special report honors trial lawyers for their victories in high-stakes matters.
August 26, 2019 at 10:00 AM
2 minute read
Paul, Weiss, Rifkind, Wharton & Garrison
Tell us about your biggest trial win between January 2018 through June 2019 and how you achieved the result for your client.
Our client Fresenius, the German global health care group, wanted to terminate its $4.75 billion agreement to buy generic drugmaker Akorn after Akorn's business collapsed and our investigation revealed Akorn's pervasive violations of FDA regulations. Received wisdom said we couldn't succeed: no Delaware court had ever allowed termination for material adverse change.
Nevertheless, in under nine weeks, we constructed a compelling case, conducting 55 depositions, forcing Akorn to produce damaging privileged materials, and demonstrating the enormous impact of Akorn's violations through comprehensive expert testimony about complicated scientific issues and extensive cross-examination of Akorn's witnesses. And we defended this unprecedented decision on appeal, winning affirmance just two days after oral argument.
Share two trial tips that have been key to your success.
1) Identify and crystallize your handful of key points and never let anyone forget them—weave them into every argument and motion and each witness' testimony.
2) Credibility is vital for lawyers and witnesses—lawyers must resist overstatement and witnesses should concede bad facts rather than evading or quibbling.
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