Commercial Litigation

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Kellogg Huber Hansen specializes in litigating complex commercial cases throughout the country.  We are trial lawyers; our lawyers frequently take cases to verdict at trial, including trials before juries, judges, and arbitrators.  Our lawyers have been lead counsel in more than 100 federal and state jury and bench trials and private arbitrations.  We have won multiple nine-to-ten-figure verdicts for our clients and have successfully defended clients against similarly large damages claims.

Our clients include Fortune 100 companies; large banks and other financial services firms; private equity firms and their portfolio companies; hedge funds; large and small companies in the telecommunications, pharmaceutical, health care, energy, manufacturing, and technology sectors; start-ups; classes of consumers; states and local, federal, and foreign government entities; and individuals.  We represent both plaintiffs and defendants.  When representing plaintiffs, we frequently work under alternative fee arrangements.

We pride ourselves as generalists, and our subject matter experience is both broad and deep in areas including antitrust; business torts such as fraud, tortious interference, and breach of fiduciary duty; securities fraud; unfair trade practices; accountant and other professional liability; Delaware corporate disputes; breach of contract; products liability; and myriad others.

Noteworthy Representations

Represented class of direct purchasers alleging a price-fixing conspiracy.  After a four-week trial, the jury rendered a $1.2 billion verdict after trebling -- one of the largest antitrust verdicts ever.  In re Urethane Antitrust Litigation, MDL No. 1616 JWL (D. Kan. 2013).

Represented private equity firm in a multidistrict litigation in the Southern District of New York arising out of the collapse of Refco, then the largest independent derivatives execution and clearing firm in the world, including claims against Refco’s law firm and auditor.  In re Refco Inc. Securities Litigation, 07 MDL 1902 (S.D.N.Y.) (Rakoff, J.).

Represented private equity funds in much-publicized multibillion-dollar breach-of-contract action against six banks, arising out of the banks’ refusal to honor their commitment to finance the Clear Channel Communications leveraged buyout transaction.  Expedited discovery was conducted in less than six weeks.  Immediately before trial in New York state court, our clients prevailed on their argument that specific performance was an available remedy.  The parties settled shortly thereafter, with the banks agreeing to finance the transaction.  BT Triple Crown Merger Co. v. Citigroup Global Markets, Inc., No. 08-600899 (N.Y. Sup. Ct.).

Represented a group of industrial copper purchasers in an antitrust action against J.P. Morgan, in which the purchasers alleged that J.P. Morgan participated in a conspiracy to manipulate the worldwide price of copper, thereby causing hundreds of millions of dollars in damages.  Plaintiffs successfully opposed J.P. Morgan’s motion for summary judgment, and the matter settled favorably immediately before trial.  In re Copper Antitrust Litigation, MDL 1303 (W.D. Wis.).

Represented Columbia Hospital for Women, a Washington, D.C. hospital for women and children founded by Congress in 1866, in a breach-of-contract action filed by its malpractice insurance provider.  At trial, the jury rejected the malpractice insurance provider's breach-of-contract claim for $1.3 million and found for Columbia Hospital for Women on its counterclaims for breach of contract, tortious interference with existing business relations, and breach of the implied covenant of good faith and fair dealing in the amount of $18.2 million.  NCRIC, Inc. v. Columbia Hospital for Women Medical Center, Inc., No. 00-0007308 (D.C.).

Represented classes of California, Kansas, New York, and Wisconsin consumers of moist smokeless tobacco in antitrust and related actions against U.S. Smokeless Tobacco, in which the consumers alleged, among other things, that U.S. Smokeless engaged in anticompetitive behavior that had the effect of unlawfully raising prices paid by consumers, thereby causing hundreds of millions of dollars in damages.  After plaintiffs scored numerous victories on class certification, discovery, and other issues, these matters settled on favorable terms collectively for hundreds of millions in value for consumers.  Smokeless Tobacco Consumer Class Actions (2000-2008).

Litigated patent-infringement claims on behalf of prominent office equipment manufacturer against maker of optical disc drives.  The case settled on favorable terms shortly after the court issued a beneficial claim-construction ruling.  Ricoh Company, Ltd. v. Lite-On IT Corp., No. 5:04-CV-00104 (E.D. Tex.).

Represented California’s individual and business consumers in a class action against Microsoft and obtained a $1.1 billion settlement for the benefit of class members — the largest recovery ever for consumers under California’s antitrust and unfair competition laws — with unclaimed funds benefiting California’s public schools.  Coordination Proceedings Special Title (Rule 1550(b)) Microsoft I – V Cases, J.C.C.P. No. 4106 (Cal. Super. Ct., San Francisco Cty.).

Secured summary judgment and subsequent denial of class certification in antitrust suit alleging tying and conspiracy claims against Verizon Wireless and other major national wireless carriers.  In re Wireless Telephone Services Antitrust Litigation, 385 F. Supp. 2d 403 (S.D.N.Y. 2005).

Obtained a jury verdict of $318.75 million for fraud and unfair trade practices arising out of contract negotiations between plaintiff, a high-technology start-up company, and defendant, a major ultrasound company.  Volumetrics Medical Imaging, Inc. v. ATL Ultrasound, Inc., No. 1:01-CV-00182 (M.D.N.C.).

Represented Conwood in obtaining and defending the largest antitrust verdict ever affirmed on appeal — approximately $1.1 billion.  Conwood Co., L.P. v. United States Tobacco Co., 290 F.3d 768 (6th Cir. 2002), cert. denied, 537 U.S. 1148 (2003).

Represented investors defrauded in a $100 million Ponzi scheme by defendants’ introducing broker.  The matter settled on favorable terms.  A.I.A. Holdings, S.A. v. Lehman Brothers, Inc. and Bear, Stearns & Co., No. 1:97-CV-04978 (S.D.N.Y.).