We're ready to stand up in court and try cases – something we’ve done 18 times in the last two years for clients like Kleiner Perkins, Dow Chemical, Nintendo and EMC.
The American Lawyer chose us as one of six finalists nationwide for 2016 "Litigation Department of the Year," noting: "High-intensity headline cases didn’t faze Orrick’s litigators." AmLaw also named us "IP Litigation Department of the Year," reporting that "time and again, we heard stories [from clients] lauding our ability to jump into a case and successfully dig its clients out of a hole, even with little time to prepare." The publication cited our wins "across an impressive range of venues, using novel strategies." Results like these over the years put us in the top 10 on AmLaw’s 2016 Litigation Power Rankings.
At a press conference after winning a resounding defense verdict for Kleiner Perkins, Lynne Hermle told a crowd of reporters, "Trials are a team sport."
Lynne’s comment reflects the focus on teamwork by all our trial lawyers – teamwork among our trial teams and technical experts, with our in-house colleagues, with co-counsel, and with our ediscovery, document review and trial graphics teams. We draw on a deep bench of trial lawyers, including 100 Chambers-rated litigators, two dozen former federal and state prosecutors, and three inductees into the American College of Trial Lawyers. We team up subject matter experts – advocates who know your products, your technologies, your sector and the law – with trial lawyers who can connect with jurors in courtrooms anywhere. Members of our top-ranking appellate practice frequently jump in during the early stages of the case, helping to set up a long-term strategy that anticipates issues and withstands appeals. Our in-house Document Analytics & Review Service and trial graphics team help us mobilize for trial seamlessly and efficiently.
Teamwork extends well beyond Orrick. That’s why clients have relied on us to serve as national coordinating counsel, working with local firms to coordinate strategy and execution. And we relish working closely with our clients. As one senior in-house litigator told Chambers, she appreciated feeling "intimately involved" in the case. "We would explore ideas and go through information in detail, and they really wanted my opinions," she said. Another client told Chambers that we "did a very good job of laying out alternatives, showing the pros and cons of different tracks, and putting forward a recommendation."
Whether the company, a product or a reputation is on the line, we mount an effective defense. We’re honored that leaders like Nintendo, Kleiner Perkins, Dow Chemical, Dyson and EMC have entrusted us with their most important cases.
Following a headline-grabbing jury trial, which The New York Times billed as a "battle between legal powerhouses," we won a total defense verdict for the venture capital firm Kleiner Perkins in an employment discrimination suit brought by a former junior partner. The Recorder called our cross-examination of the plaintiff "masterful." The win came in state court in Northern California, a challenging jurisdiction for employers.
The gaming software company Motiva brought a patent infringement case against our client Nintendo and hired one of the most successful plaintiff-side trial lawyers. It was seeking an injunction that, if granted, would have halted sales of Nintendo’s marquee product, the Wii gaming console. Following a bench trial, we won a ruling from the ITC judge that Nintendo didn’t infringe, a ruling that was later affirmed at the Federal Circuit.
MobileIron, a mobile device management company, was facing a patent infringement case brought by a competitor in the Northern District of California. The plaintiff sought significant damages and had already inked settlements with other companies. Convinced it didn’t infringe, MobileIron hired us for the bet-the-company jury trial. Employing a novel defense strategy, we secured a verdict that was a clean sweep for MobileIron.
Lawrence Livermore National Laboratory (LLNL)
In this high-stakes age discrimination case, former LLNL employees contended that layoffs at the research facility disproportionately impacted employees over the age of 40. We used an expert witness to highlight flaws in the plaintiffs’ expert’s analysis and put the jury’s focus on the entire employee population, rather than the handful of representative plaintiffs with sympathetic stories. Jurors returned a 12-0 verdict in favor of LLNL, setting the stage for comprehensive settlement of related claims on behalf of more than 100 plaintiffs.
Union Carbide Corp (UCC)
We won a total defense verdict for Dow Chemical subsidiary UCC in a $6 billion product liability case brought by Kelly-Moore Paints, which was represented by one of the most successful plaintiffs’ lawyers in the country. The verdict, which came after just two hours of deliberation in plaintiff-friendly Texas state court, brought an abrupt end to what the plaintiffs’ bar had hoped would be a "new, potentially lucrative avenue of recovery for asbestos vendors," according to The American Lawyer. Since then we’ve won product liability verdicts for UCC in challenging jurisdictions across the country.
When Ruckus Wireless faced what The American Lawyer called a "must win" patent case brought by rival Netgear, it asked us to take over for another law firm just six weeks before trial. Ruckus’ general counsel called one of our trial lawyers on a Saturday. "Within four hours," AmLaw reported, "a trial team assembled. By the following Tuesday, the Ruckus and Orrick team members had already met to begin working out a plan" for guiding jurors through the complex technology at issue and proving that Ruckus didn’t infringe. Our efforts paid off in the form of a resounding defense verdict that preserved Ruckus’ reputation as an innovator in the industry. Ruckus’ general counsel praised us for "building a great team, working long hours and working in an environment that is sometimes challenging for law firms because of the amount of collaboration we required."
Sierra Railroad showed proprietary information to a potential merger partner, Patriot Rail, pursuant to a nondisclosure agreement. Patriot Rail then used that information to steal Sierra’s top customer, putting our client on the brink of bankruptcy. To make matters worse, Patriot Rail brought a dubious lawsuit against Sierra – a tactical maneuver intended to put Sierra in the position of defendant. Seven months before trial, Sierra hired an Orrick trial team to turn the case around. We achieved a resounding victory, including a $52 million verdict – one of the largest trade secrets misappropriation verdicts of 2014 and one of the largest ever in the Eastern District of California.