Trial Advocacy

The firm represents defendants and plaintiffs at trial in commercial litigation, FCA defense, insurance recovery, wildfire litigation, and other matters that proceed to verdict. Trial work spans jury and bench trials in federal and state courts, evidentiary hearings, and arbitration proceedings. The firm has secured defense jury verdicts in personal injury, commercial disputes, manufacturing antitrust, insurance recovery, and construction industry matters; secured defense verdicts under jurisdiction-specific frameworks including the D.C. contributory negligence rule and Louisiana's pure comparative fault framework; and obtained verdicts and judgments preserved on appeal across federal and state appellate courts. Trial work is the centerpiece of the firm's defense-side litigation practice.

The firm represents energy and utility clients in commercial litigation, wildfire defense, insurance recovery, and regulatory matters. The firm's wildfire litigation practice has substantial experience defending utilities in subrogation actions following major wildfire events across the western United States, including matters involving utilities in California, Arizona, Colorado, and New Mexico. Beyond wildfire defense, the firm handles commercial disputes, energy procurement and supply chain litigation, transmission and distribution disputes, and defense of regulatory enforcement matters. Energy and utility clients work with a coordinated team that addresses matters spanning jurisdictions, regulatory regimes, and multiple coordinated insurance carriers.

The firm represents banks, insurance companies, asset managers, lenders, and other financial services entities in commercial litigation, securities defense, regulatory enforcement matters, and insurance recovery. Typical engagements include complex commercial disputes between financial institutions and counterparties, securities actions defended under state and federal frameworks, defense of regulatory inquiries by state and federal agencies, and recovery work on behalf of insurance carriers. The firm's experience includes matters in the Second Circuit and other federal appellate courts that frequently address financial services disputes. Financial services clients benefit from the firm's coordinated capability across litigation, appellate practice, and pre-litigation counseling.

The firm represents federal, state, and local government contractors in bid protests, False Claims Act defense, contract disputes, and regulatory enforcement matters. Federal contracting work includes bid protests in the U.S. Court of Federal Claims and federal district courts, as well as Federal Circuit appeals on contract and contracting officer decisions. State contractor work includes bid protests under state public contracting laws, defense of governmental tort claims act actions, and contract disputes with state agencies. The firm has handled defense contractor matters across multiple jurisdictions and represents contractors in matters with significant exposure or industry-wide implications.

The firm represents healthcare providers, life sciences companies, healthcare insurers, and medical device manufacturers in commercial litigation, False Claims Act defense, healthcare liability defense, and regulatory enforcement matters. Healthcare FCA work covers Medicaid fraud investigations, Medicare-related claims, and qui tam relator actions involving healthcare reimbursement and clinical practices. The firm also defends healthcare entities in state healthcare liability actions under statutes including the Texas Health Care Liability Act, Utah Health Care Malpractice Act, and similar frameworks. Healthcare and life sciences clients benefit from the firm's coordinated capability across FCA defense, commercial litigation, and pre-litigation matters.

The firm represents manufacturers in commercial litigation, product liability defense, antitrust actions, insurance recovery, and disputes under state consumer protection statutes. Defense work spans complex multi-jurisdictional product liability matters, antitrust trial verdicts secured through full defense at trial and on appeal, and specialty state-law defenses including Massachusetts Chapter 93A treble damages defense, Pennsylvania Fair Share Act apportionment, and Texas Chapter 542A insurance recovery. Manufacturing clients face matters that frequently span multiple states with varying liability frameworks, and the firm coordinates strategy across these frameworks through a single matter team.

The firm represents real estate developers, hospitality operators, hotel and resort owners, property managers, commercial landlords, and real estate investors in commercial litigation, premises liability defense, contract disputes, and appellate matters. Hospitality industry work includes defense of commercial disputes involving hotels, resorts, restaurants, and entertainment venues, with multiple successful defense jury verdicts in this area. Real estate litigation covers commercial leasing disputes, property transaction disputes, construction-related claims, and appellate matters in federal circuit courts including the Eleventh Circuit. The firm's southeastern presence in Atlanta provides direct support for clients in the Eleventh Circuit region.

The firm represents technology companies in commercial litigation, eDiscovery disputes, intellectual property-adjacent contract matters, and defense of anti-SLAPP motions and similar speech-related challenges. Technology defense includes complex commercial disputes between technology companies and counterparties, defense of sanctions motions in eDiscovery-heavy litigation, federal appellate work on technology-specific procedural questions, and anti-SLAPP defense in jurisdictions including New York. The firm's eDiscovery litigation and data management practice provides specialized depth on the data-intensive aspects of technology disputes, drawing on technical capabilities and substantive litigation experience. Technology clients benefit from the firm's coordinated capability across litigation, eDiscovery, and appellate practice.

The firm's wildfire litigation practice represents utilities and other defendants in subrogation actions arising from major wildfire events in California, Arizona, Colorado, New Mexico, and other western states. The practice addresses the full spectrum of utility wildfire defense, from inverse condemnation defense and pre-suit preservation planning through MDL coordination, expert development, and trial. The firm has handled subrogation matters involving multiple insurance carriers, multi-billion-dollar exposure, and complex coordination with co-defendants and aligned utilities. The practice is chaired by Patty Hewes and draws on attorneys across the firm's offices with substantive experience in inverse condemnation, comparative fault allocation, and federal compensation frameworks.

The firm's eDiscovery practice handles preservation, collection, production, and dispute resolution in technology-sector litigation where data volumes, formats, and complexity create distinct procedural challenges. The practice has secured Seventh Circuit reversals in technology sector eDiscovery appeals and defeated sanctions motions in complex technology eDiscovery disputes. Defense work includes ESI protocol negotiation, motion practice on production format and scope, defense of sanctions motions including FRCP 37 spoliation challenges, and coordination with technical teams on collection methodology. The eDiscovery litigation and data management practice is chaired by Louis Litt and provides direct support for technology clients across the firm's matter portfolio.

The firm has secured defense verdicts at trial across multiple jurisdictions, practice areas, and substantive frameworks. Recent defense verdicts include manufacturer defense in a Utah personal injury action, defense verdicts under the District of Columbia's contributory negligence rule, defense jury verdicts in hospitality industry commercial disputes, defense verdicts under Louisiana's pure comparative fault framework, and defense verdicts in construction industry commercial disputes. Trial outcomes preserved on appeal include affirmed defense verdicts before the Eleventh Circuit, manufacturing antitrust defense verdicts affirmed on appeal, and trial-level work that produced subsequent reversals favorable to the firm's clients. Defense trial work is staffed with experienced trial attorneys supported by trial preparation specialists and litigation support staff.

The firm has substantial experience in wildfire MDL and multi-claimant fire recovery proceedings. Recent work includes resolving subrogation claims in the Northern California wildfire MDL and coordinating Hermit's Peak/Calf Canyon fire recovery under the FEMA framework established by the Hermit's Peak/Calf Canyon Fire Assistance Act. Wildfire MDL defense involves coordination with multiple insurance carriers, aligned utility defendants, government claimants, and individual property owners across jurisdictions. The firm's wildfire litigation practice provides direct support for the substantive defense, while the firm's experience with multi-party coordination supports clients through procedural, scheduling, and settlement aspects of these complex proceedings.

The firm represents financial services defendants in securities actions and complex commercial disputes at trial and on appeal. The practice covers state securities act claims, federal securities defense, contract and breach claims between financial counterparties, and appellate work in federal circuit courts handling significant financial services questions. The firm has secured affirmances in the Second Circuit in financial services securities matters, drawing on the firm's appellate practice and substantive trial preparation. Cases often involve coordination with in-house counsel, prior outside counsel, and aligned defendants in industry-wide matters.

The firm's False Claims Act litigation practice defends government contractors in qui tam relator actions, government-intervened actions, and parallel state and federal FCA proceedings. The defense practice covers federal FCA cases under 31 U.S.C. §§ 3729 et seq. as well as state FCA actions in jurisdictions including New York, Texas, Oregon, Pennsylvania, and California. Recent matters include securing the Tenth Circuit's affirmance of an FCA defense judgment for a government contractor, resolving multi-state FCA actions through coordinated settlements, and obtaining dismissals based on the public disclosure bar and first-to-file rule. The practice emphasizes early evaluation of the public disclosure bar, original source defenses, and scienter under current Supreme Court precedent.

The firm's False Claims Act litigation practice defends healthcare providers, life sciences companies, and pharmacy operators in qui tam actions, government-intervened actions, and parallel state and federal investigations. Defense work spans Medicaid fraud investigations, Medicare claims defense, anti-kickback statute matters, and Stark Law-adjacent disputes. The firm has secured dismissals of healthcare FCA actions under Florida law, resolved Medicaid fraud investigations through pre-suit resolution in Utah, and obtained settlements in Kansas Medicaid FCA actions. Recent healthcare FCA work draws on the firm's analysis of the public disclosure bar under recent federal authority, scienter under Schutte v. SuperValu, and government dismissal authority under Polansky.

Manufacturing clients regularly face product liability claims across multiple states with divergent comparative fault rules, contribution frameworks, and damages caps. The firm's defense practice navigates these frameworks through coordinated multi-jurisdictional strategy, including Pennsylvania Fair Share Act apportionment, Texas Chapter 33 designation of responsible third parties, and modified comparative negligence regimes across the Mountain West, Southeast, and Midwest. The firm has secured defense jury verdicts in Utah personal injury actions, defended manufacturers under Pennsylvania's 60-percent Fair Share Act threshold, and affirmed defense verdicts in manufacturing antitrust matters. Pre-litigation work supports manufacturers in evaluating exposure across states with different liability frameworks.

The firm defends hotels, resorts, restaurants, entertainment venues, and other hospitality operators in commercial disputes ranging from contract and partnership disputes to premises liability and operational claims. Defense work has resulted in jury verdicts in favor of hospitality clients in commercial disputes, demonstrating the firm's ability to take matters through full trial when settlement is not the right outcome. Hospitality matters often involve coordination with insurance carriers under commercial general liability and hospitality-specific coverage, vendor and supply chain counterparties, and franchise or brand-relationship considerations. The firm's trial advocacy practice provides direct support for hospitality clients whose matters reach the courtroom.

Discovery disputes that reach motion practice can carry significant consequences, including evidentiary sanctions, monetary sanctions, fee awards, and adverse inference instructions at trial. The firm has defeated sanctions motions in complex technology eDiscovery disputes and secured Seventh Circuit reversals in eDiscovery appeals, demonstrating depth in both defense of sanctions motions at the trial-court level and appellate work where sanctions rulings are challenged. Sanctions defense work includes responding to Rule 37 motions, defending against allegations of spoliation under both federal and state frameworks, and addressing privilege challenges including challenges to clawback protocols. The firm coordinates discovery dispute work across the litigation team to ensure consistent strategy and proper preservation of issues for review.

Technology companies regularly face commercial litigation that intersects with speech, publishing, and platform activity, where anti-SLAPP statutes create distinct procedural defenses. The firm has prevailed on New York anti-SLAPP motions for technology defendants under the 2020 anti-SLAPP framework, drawing on the burden-shifting analysis and fee-shifting provisions of the updated statute. Anti-SLAPP work for technology clients includes evaluation of state-by-state statutes (the firm's licensure footprint includes multiple states with anti-SLAPP frameworks), motion practice within statutory deadlines, and appellate work on the interlocutory and dispositive questions that frequently arise. The firm coordinates anti-SLAPP defense with broader commercial litigation strategy and any aligned defendants in coordinated actions.

Energy and utility matters frequently span multiple states and regulatory regimes. The firm's twenty-one-jurisdiction licensure footprint, combined with established pro hac vice and local counsel relationships, enables comprehensive multi-state coordination for energy and utility clients. Wildfire subrogation matters in particular often involve coordinated defense across California, Arizona, Colorado, and New Mexico, where the firm handles inverse condemnation defense, allocation analysis, and engagement with state public utility commissions. The firm also coordinates with energy industry trade groups and aligned defendants in cases with significant industry-wide implications, supporting clients through complex defense postures that require unified strategy across jurisdictions.

The firm represents parties in arbitration proceedings, arbitration award confirmation, and challenges to arbitration awards under the Federal Arbitration Act and state arbitration frameworks. Arbitration work has included defense of consumer protection actions through formal arbitration proceedings, including a matter resolved through a Connecticut consumer protection arbitration award. The firm handles arbitration matters under institutional rules including the American Arbitration Association and JAMS, and supports clients in arbitration provision enforcement, arbitration award confirmation in federal and state courts, and challenges to arbitration awards on grounds permitted under the FAA. Arbitration strategy is coordinated with the firm's commercial litigation practice to ensure consistency across forums.

Trial preparation begins early in a matter's life cycle and intensifies in the months leading up to trial. The firm's approach involves a small team of trial attorneys supported by associate-level brief writers, paralegals managing exhibits and witnesses, and eDiscovery specialists handling deposition and document use at trial. Trial preparation includes detailed exhibit and witness preparation, focus groups and mock trials for matters with significant exposure, motion practice on evidence and procedural issues, and coordination with experts on testimony preparation. The firm's writing room program supports brief writing for pretrial and trial motions through structured peer review and partner mentorship. Lean trial teams produce focused trial strategy and efficient use of client resources.

Yes. The firm's insurance recovery practice represents carriers in subrogation actions, coverage disputes, bad faith defense, and recovery matters across multiple insurance lines. For financial services insurance carriers, the firm handles claims arising from insured business interruption, professional liability, commercial casualty, and wildfire subrogation matters. The firm has handled bad faith defense matters in Nevada, post-tort-reform bad faith matters in Florida following HB 837, and recovery actions in the Pacific Northwest and Mountain West. Insurance carrier engagements often involve coordination with claims teams, multiple co-defendants, and prior counsel.

The firm handles bid protests at all levels of the federal procurement system, including pre-award protests, post-award protests, and Court of Federal Claims appeals of agency contracting officer decisions. The firm has sustained bid protests for defense contractors in the U.S. Court of Federal Claims and in federal district courts, including the Eastern District of California. State contractor bid protests are also a regular area of practice, including matters under Louisiana's Public Bid Law and similar state procurement frameworks. The firm coordinates with in-house government contracting personnel, technical experts, and procurement counsel to develop comprehensive protest strategy.

Many states require pre-suit notice or panel review before healthcare liability litigation can proceed. The firm has handled pre-suit defense under the Texas Health Care Liability Act, Utah's pre-litigation medical malpractice panel under the Utah Health Care Malpractice Act, and similar frameworks in other jurisdictions. Pre-suit work involves notice evaluation, expert affidavit analysis, pre-litigation discovery, and strategic positioning for matters that may proceed to formal litigation. The firm has defeated healthcare liability actions through pre-suit notice defense and has resolved Medicaid investigations through coordinated pre-suit engagement before formal complaints were filed.

The firm represents manufacturers in antitrust litigation, Massachusetts Chapter 93A unfair trade practices claims, and insurance recovery matters that intersect with manufacturing operations. Antitrust defense includes trial verdicts affirmed on appeal in manufacturing antitrust actions, including coordination with industry experts on market analysis, conduct evaluation, and damages calculations. The firm has defended manufacturers against Chapter 93A treble damages claims that can convert routine commercial disputes into significant exposure events. Insurance recovery work for manufacturers includes Chapter 542A actions in Texas under the Insurance Code, addressing claims arising from operational losses, product recalls, and commercial insurance disputes.

Real estate disputes frequently produce significant appellate questions on contract interpretation, statutory frameworks, and procedural posture. The firm has obtained reversals in the Eleventh Circuit in real estate litigation, demonstrating the firm's appellate capability across the southeastern jurisdictions. Complex real estate litigation covers commercial leasing disputes, real estate finance and transaction matters, broker and agent disputes, and large-scale property litigation involving multiple parties. The firm's Atlanta office provides direct support for matters arising in the Eleventh Circuit jurisdictions of Georgia, Florida, and Alabama, with appellate work coordinated across the firm's offices when matters extend beyond the regional footprint.