Illustrative Trial Experience

• Represented AT&T and Time Warner, Inc. in the Department of Justice's antitrust challenge to AT&T's US$100 billion acquisition of Time Warner, Inc.
• Represented Bertelsmann SE & Co. and Penguin Random House in the Department of Justice’s challenge to their acquisition of Simon Schuster
• Represented Lockheed Martin in mass tort litigation involving in excess of 2,000 claims arising from one of the largest superfund site in the United States. The case settled mid-trial for less than plaintiffs’ costs, a miniscule fraction of the amount sought
• Successfully obtained a complete defense jury verdict for ExxonMobil against claims that it owed in excess of US$30 million to various Alaskan municipalities for unpaid oil spill clean up costs for the Valdez oil spill. The jury awarded zero. This verdict became one of the National Law Journal’s top defense verdicts for 2002
• Successfully secured a judgment after trial barring claims against a multinational oil company for alleged human rights abuses in Myanmar/Burma
• Represented Jeff Skilling at his criminal trial in Federal Court in the Southern District of Texas (Houston)
• Represented ExxonMobil in multiple proceedings in its successful effort to prevent cancellation of its leases at one of the largest natural gas reservoirs in the United States
• Represented Lennar Homes, one of the country’s largest public homebuilders, in trials successfully defending the company against accusations of fraud and malfeasance in connection with a landmark resort and home development near San Diego
• Represented Fidelity Investments in Federal Court in the Western District of Missouri defeating claims of undisclosed pension management fees exceeding US$330 million
• Represented AIG in AIG Retirement Services v. Credit Lyonnais, obtaining a US$236.5 million recovery for the company on the eve of trial

Illustrative Appellate Experience

• Multiple appellate arguments, including Doe v. Unocal before an en banc panel of the Ninth Circuit Court of Appeal

Illustrative Professional Experience

Additional Illustrative Regulatory and Antitrust Experience

• Represented Charles Schwab in their US$26 billion acquisition of TD Ameritrade
• Represented Warner Bros. in class action antitrust litigation brought against the major studios alleging a conspiracy to fix the terms and conditions of net profits in talent contracts
• Represented Pacific Coast Cement in Hart-Scott-Rodino actions before the FTC relating to the acquisition of cement import facilities
• Represented PG&E for direct cost audit matters during the prudency review of the Diablo Canyon nuclear power plant
• Represented Japanese steel producer alleged in a private civil damages action to have violated US dumping laws

Commercial Litigation Involving the Entertainment Industry

• Represented a major television network in connection with class action matters, including a class action over alleged music rights violations and a class action over alleged unfair business practices (each with claimed damages substantially in excess of US$100 million)
• Represented a major independent production company in various matters, including litigation with a network concerning US$53 million in disputed licensing fees, litigation with a talent agency that materially reduced that agency’s claim to various television packaging fees, various negative injunction matters involving key talent, profit participation litigation, and intellectual property rights matters
• Represented a major studio in various matters, including litigation involving the studio’s television syndication practices
• Represented a client in connection with disputes involving the sale of an NBA basketball team

Intellectual Property

• Represented a leading technology company in litigation in the Northern District of California and Japan, successfully enjoining infringements of distinctive trade dress (successfully asserting both trademark and dilution claims)
• Represented Advance Micro Devices (AMD) a producer of microchips in litigation in Delaware federal court that successfully defeated an attempt by Intel to enjoin AMD’s use of MMX as a merchandising designation for its chips

Additional Environmental

• Represented the Torrance Refinery in California in multiple proceedings in the aftermath of a major explosion, including related investigations and activities attendant to re-starting the facility.
• Represented ExxonMobil in the successful defense of land damage claims in the aftermath of the Exxon Valdez oil spill (in the face of aggregate claims exceeding US$350 million, the Alaskan jury awarded less than US$7 million in claims for damages to native lands, in one case awarding the native corporation plaintiff zero dollars in damages). (Different trial from the 2002 Exxon trial mentioned previously.)

Professional Liability

• Represented numerous professional liability matters for AmLaw 50 law firms