Key Contacts
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Breach of Contract
Our lawyers regularly handle multimillion-dollar breach of contract matters in courts across the United States, as well as in arbitration. Recent highlights include securing an arbitration award of more than $100 million for breach of contract—which was paid in full by the losing party—for a major medical device manufacturer, and successfully defending a Fortune 50 company in a post-acquisition breach of contract case, a 10-day trial in New York that arose from a $240 million business acquisition. -
Construction Litigation
For market-leading construction companies, contractors and real estate developers based in the United States and abroad, WilmerHale is the go-to firm for critical litigation actions, from government agency, government contract and development project disputes to bid protests, international arbitration, False Claims Act matters and beyond. We have counseled clients in some of the most demanding matters in the construction space, helping them avoid trouble, preserve their reputations and achieve their business goals. Backed by WilmerHale’s nationally recognized Real Estate and Appellate and Supreme Court Litigation Practices, our litigation team collaborates with boutique construction law firms when needed—adding strength to larger, multifaceted matters.
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Financial Fraud
Global financial firms and other clients across industries rely on our defense when facing accusations of financial fraud. We have cleared clients in high-profile cases prosecuted by the Enforcement Division of the US Securities and Exchange Commission (SEC), in the US District Court for the Southern District of New York, and in other courts and arbitration venues around the world. With a deep bench of lawyers who have served in the SEC and in other government positions, we bolster clients’ cases with an understanding of the enforcement priorities of government entities.
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Licensing Disputes
In the highly competitive business environments in which our clients operate, successfully resolving licensing disputes can make the difference between success and failure. Our lawyers both defend and prosecute these disputes—often with many millions of dollars on the line—for companies in pharmaceutical and medical devices, technology, manufacturing and other industries. In addition to our litigation prowess, many of our lawyers have the background to truly understand the science and technology at stake.
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Products Liability and Mass Torts
For global consumer product manufacturers, as well as life sciences and other companies, high-profile products liability and mass tort matters threaten to disrupt innovation and production. WilmerHale’s practical perspective and preventative approach to litigation helps clients in industries such as pharmaceuticals, medical devices, technology, biomedical, chemical and automotive minimize liability and get back to business. We know our clients’ businesses well and advise them beyond litigation to help avoid future liability. When the legal strategy calls for litigation, our trial-ready lawyers draw on significant experience guiding executives through bet-the-company litigation and high-stakes challenges. Recognizing that products liability and mass tort cases are often won on the science, we work closely with clients and trial-tested experts to understand the technical and any novel aspects of the products at issue. We have extensive experience defending companies in federal multidistrict litigation, complex state court matters and multinational actions. Our proven record—with major jury verdicts in jurisdictions widely recognized as unfavorable for defendants—is a key reason why leading companies worldwide trust WilmerHale’s litigators to deliver results. -
RICO and Consumer Protection Litigation
WilmerHale has particular strength in defeating consumer class actions—specifically those alleging RICO and other conspiracy claims—and defending those victories on appeal. Banks, investment advisors, insurance companies, entertainment companies, consumer products companies, car manufacturers and other companies rely on our lawyers’ skill not only to handle the initial action, but also to identify key issues for the often-inevitable appeals, both on the substance of RICO coverage and on class certification rulings. In addition, we bring the insight of members on our team who have served in government and supervised briefing on several RICO cases.
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Securities Fraud
Our securities litigators, who have a successful track record in virtually every state, every federal circuit and the US Supreme Court, defend clients in class, derivative and individual actions alleging securities fraud, often also handling parallel enforcement matters to achieve global resolutions. In these matters, our clients benefit from the valuable insight of our lawyers who have held senior positions at the US Securities and Exchange Commission or senior positions in law enforcement, including as Deputy Attorney General, Solicitor General, General Counsel of the Federal Bureau of Investigation and within state attorney generals’ offices.
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Trade Secrets
Clients turn to us for their highest-stakes trade secret disputes.Learn More -
Unfair Competition
Our lawyers offer a deep pool of experience across all issues related to patent and trademark infringements and misappropriation of trade secrets. For major players in technology, pharmaceuticals and other industries, we have prevailed in many notable fights, including defending against smartphone patent infringement claims involving two industry leaders in what some have called the “patent trial of the century.” Our lawyers have helped companies protect their business-critical IP in jurisdictions across the US and internationally, including the International Trade Commission, the Federal Circuit, the Supreme Court and all courts at the district level, notably the Eastern District of Texas and the Northern District of California. We have successfully grown our reputation as a formidable presence by delivering trial and appellate victories to a diverse client base.
Experience
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Secured an arbitration award of more than $100 million for breach of contract—which was paid in full by the losing party—for a major medical device manufacturer.
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Successfully defended a Fortune 50 company in a post-acquisition breach of contract case, a 10-day trial in New York that arose from a $240 million business acquisition.
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Represented a leading innovator of less invasive, miniaturized circulatory support technologies for the treatment of advanced heart failure, and its president and chief executive officer, in a securities fraud class action suit filed in the US District Court for the Southern District of New York.
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Also in the US District Court for the Southern District of New York, secured the dismissal of fraudulent transfer and unjust enrichment claims for three subsidiaries of global financial institutions.
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For IGEN International, secured a jury verdict that allowed the termination of a licensing agreement, awarded the company $505 million in damages, and ultimately resulted in the sale of the business at issue to IGEN’s former adversary for more than $1.25 billion.
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For a major high-tech company, provided defense in a case involving alleged breach of licensing and collaboration agreements and theft of trade secrets relating to the development of complex location technology.
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Have defended multiple multinational companies and individuals in putative class actions alleging breaches of ERISA fiduciary duties, including in several cases which alleged that employer stock held in an employee stock ownership plan was an imprudent investment because of artificial inflation caused by undisclosed information.
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For Mirror Image International, obtained dismissal of a long-running, $600 million breach of fiduciary duty case pending in the Delaware Court of Chancery.
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Represented Chesapeake Energy who was charged, along with a competitor, by the Michigan Attorney General with price fixing/bid rigging and attempted bid rigging. We handled the civil and criminal investigations, as well as related private litigations, and achieved dismissal of the attempt charge and substantive price fixing charge.
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Won a significant victory for a client in litigation in Florida challenging intellectual property outsourcing practices under civil Racketeer Influenced and Corrupt Organization Act (RICO) and federal immigration laws, and representing the same client in employment discrimination litigation concerning the same subject.
Recognition
- In 2019–2024, Chambers USA Guide ranked the firm's Litigation: General Commercial practice in Massachusetts, New York and Washington DC, recognizing our New York practice as Highly Regarded.
- From 2021–2024, U.S. News – Best Lawyers® Best Law Firms List, ranked tier 1 nationally and in Boston, New York and Washington DC for commercial litigation
- The American Lawyer – Named WilmerHale the 2020 Law Firm of the Year—an award recognizing one firm that has had an exceptional year across its service offerings and for its work on behalf of clients in high-stakes matters.
- Benchmark Litigation – Ranked WilmerHale among the top firms in the nation across 7 practices, including General Commercial and recognized a number of WilmerHale lawyers as Litigation Stars and Future Stars in 2022 and 2023.
- The Legal 500 United States ranked the firm for general commercial disputes in its 2020–2024 editions.
- US News & World Report's “Best Law Firms” guide has ranked WilmerHale a national tier 1 firm for commercial litigation since 2019.