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Diana Szego Fassbender

Partner

Washington, D.C.

Diana is a formidable trial attorney and partner, known for her exceptional ability to lead trial teams and craft winning litigation strategies. As a top litigator and trusted advisor, Diana specializes in representing international clients in complex litigation, making her a reliable counsel for industry giants.

Diana’s experience in managing intricate, high-stakes litigation is evident in her innovative and cost-effective case strategies that consistently lead to favorable resolutions.

Diana's clients rely on her sophisticated, thoughtful approach to ensure solutions align with their overall business goals. Whether it’s through inception, trial, or appeal, Diana's involvement in all phases of litigation guarantees a seamless and effective process. When a business dispute requires aggressive action, Diana is equally adept at representing plaintiffs, showcasing her versatility and determination to achieve fair outcomes for her clients.

Though her experience spans a range of high-stakes commercial disputes, class action and product liability litigation are cornerstones of her practice. In addition to her skill in product liability, Diana has over a decade of experience litigating a variety of intellectual property matters. Her portfolio includes complex multi-defendant, multi-patent district court infringement actions, fast-paced Section 337 Investigations in the International Trade Commission, and high-stakes copyright and trademark cases.

Beyond her litigation success, Diana is dedicated to fostering talent and diversity within the legal community. She has served as a deputy to Orrick's Women's Initiative and played a key role in Orrick's recruiting efforts. Diana previously co-chaired the Associates Committee of Orrick's Washington, D.C., office, earning the Mentor of the Year award in 2011 for her outstanding contributions.

Since joining Orrick's New York office in 2007, Diana has been actively involved in community service. Before Orrick, Diana practiced law in Miami, where she was involved in the local legal community, serving on the Board of Directors of the Dade County Bar Association and participating in the Dade County eMentor program and the Women's Fund of Miami-Dade.

  • Complex Litigation and Dispute Resolution

    • Represented multiple higher education institutions in putative class action suits alleging that class members should receive refunds of tuition and fees as a result of the transition to remote instruction during the COVID-19 pandemic.
    • Represented a U.S. public university system in connection with litigation to enforce a financial pledge.

    Products Liability

    • Defending multiple biopharmaceutical companies in products liability litigation.
    • Represented Johnson & Johnson in nationwide tort litigation related to use of its talc containing products.
    • Represented a Chinese drywall company in federal multi-district class action litigation regarding allegations of defective drywall.

    Intellectual Property Litigation

    • Represented Carnival Corporation in protecting its multi-million dollar investment in the OCEAN® guest engagement system, in litigation against a former contractor for breach of contract and patent infringement. Secured summary judgment on defendant’s affirmative claims, and a $21 million jury verdict in Carnival's favor following a 10 day trial in the Southern District of Florida. Orrick’s win at the trial court was followed by proceedings in Delaware bankruptcy court after the defendant filed a petition for bankruptcy, where the bankruptcy court affirmed Carnival's interest.
    • Represented Universal Lighting Technologies in a patent infringement lawsuit and week-long jury trial, followed by a high- profile patent appeal before the en banc Court of Appeals for the Federal Circuit.
    • Represented DENSO International America Inc. in action alleging violations of the Audio Home Recording Act under the Copyright Act. Obtained summary judgment at the district court after a period of focused discovery. Ruling upheld on appeal before the Court of Appeals for the DC Circuit.
    • Represented Panasonic Corporation and FUJIFILM Corporation, respectively, in multiple district court and ITC patent actions.

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