Litigation Department of the Year: Skadden
We pride ourselves on providing a creative and proactive approach to problem-solving for clients at every stage of the litigation, from successfully handling the immediate litigation crisis to trial, if necessary, and also tackling additional challenges to ensure a comprehensive resolution.
October 03, 2018 at 04:22 PM
4 minute read
Q: What are some of the department's most satisfying successes of the past year and why?
A: Our most satisfying results are those that best align with our clients' business goals. A few recent and notable examples involve matters in which we successfully achieved our clients' objectives and secured outcomes that were cross-border in nature with far-reaching implications, including:
On behalf of DuPont, Skadden coordinated worldwide advocacy for, and secured antitrust clearance of, DuPont's $130 billion merger with Dow Chemical by devising a unique divestiture arrangement that can be used as a template for mega deals facing regulatory investigations going forward.
We also represented the underwriters of Petrobras' multibillion-dollar global bond offering (co-counsel represented Petrobras) in a Second Circuit case of first impression relating to the application of the domesticity requirement to class certification under the federal securities laws.
In another sweeping victory, we secured a $1.2 billion international arbitration award for NTT Docomo, Japan's largest telecommunications company, against India's Tata Sons Ltd. that set a significant precedent for foreign investors on award enforceability in India.
Q: A prospective client in crisis calls and asks why your team should be retained. What is your answer?
A: We pride ourselves on providing a creative and proactive approach to problem-solving for clients at every stage of the litigation, from successfully handling the immediate litigation crisis to trial, if necessary, and also tackling additional challenges to ensure a comprehensive resolution. We recognize that taking a case to trial may not always be the ultimate endgame for clients, but it can be a necessary tool to achieve results in line with our clients' objectives in the U.S. and internationally.
Q: What traits do you respect most in opposing firms and lawyers?
A: Litigating vigorously, but always with respect for the profession and for adversaries, is conduct we hold in the highest regard. Our ever-evolving legal system depends on innovative and passionate advocates who continually help shape and refine the law, and we value opposing counsel who also view the litigation process through this lens.
Q: What sorts of trends are you seeing in litigation, and what do you think will be the most important development in the law/legal business that will impact your field in the next 10 years?
A: Complex litigation is increasingly global in nature, a reflection of the global economy itself. We believe this trend will continue. Advances in technology are also changing the kinds of disputes we litigate, as well as the way in which we litigate them. We expect that litigation-related technology will continue to evolve so that understanding how technological advances influence the litigation process will become even more essential.
Q: What is the firm doing to ensure that future generations of litigators are ready to take the helm?
A: Because almost 95% of the firm's New York litigation partners began their Skadden careers as associates, they are well-positioned to groom future generations of the firm's litigators. We seek out opportunities for a greater number of junior associates to take active roles in all phases of litigation, including at trial. We also have instituted a program that allows junior associates to shadow more senior attorneys, facilitating additional exposure, both inside and outside the courtroom.
Another example of our investment in associates is our unique Associate Comprehensive Education (ACE) program — an intensive five-week program that equips associates with legal and business skills to prepare them to navigate their clients' business needs. All first-year associates receive comprehensive instruction and complete simulated assignments across all practice areas, with direct participation by, and constructive feedback from, our senior attorneys.
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