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Practice:

  • Complex Litigation & Dispute Resolution
  • Mass Torts & Product Liability
  • Gaming & Gambling
  • Technology & Innovation

John Badalich Managing Associate

Los Angeles

John represents clients in complex litigation matters in both federal and state courts. In the span of less than 10 months across 2022 and 2023, John was a member of the team on three separate high-profile jury trial wins for the NCAA - including the first to take on claims the NCAA is responsible for concussions and CTE in college football. With significant experience in high-stakes litigation matters, John litigates cases on behalf of technology companies, sports associations, investment firms, retailers, colleges and universities, and individuals. John is also active in pro bono matters, primarily focusing his practice on representing veterans before the United States Court of Appeals for Veterans Claims.

431228

Practice:

  • White Collar, Investigations, Securities Litigation & Compliance
  • Strategic Advisory & Government Enforcement (SAGE)

David Krakoff Partner

Washington, D.C.

His clients are investigated and prosecuted by the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Treasury Department and other domestic and foreign enforcement agencies. They face prosecution for potential violations of the Foreign Corrupt Practices Act (FCPA), and the laws regulating securities enforcement, accounting fraud, public corruption, antitrust, tax health care, export control, False Claims Act (FCA), trade secrets and the environment. In addition, his clients are often involved in high-stakes shareholder class action litigation. He has had primary trial responsibility in more than 50 cases.

David is a recognized leader in the field of white collar and complex litigation. He is a Fellow in The American College of Trial Lawyers. Chambers USA has ranked him as a leading Litigation lawyer (2006-2022), and described him as "one of the best trial lawyers in the city … a genuine lion of the white-collar Bar ... extremely thoughtful and imaginative in developing investigation and trial strategy … He really knows his way around the court and the justice system. One of his greatest strengths is that he is unflinching in his willingness to try cases." Chambers also noted his FCPA work: “He is a shrewd tactician and always thoroughly prepared … great tactical judgment and a sense for strategy." Other accolades include: Legal 500 (2012, 2015-2022), which recognized him as the leader of Buckley’s "terrific" team that is “highly active in a number of regulated industries, with noted expertise in the financial services sector." Benchmark Litigation 2019 named him as a top practitioner in White Collar and General Commercial Litigation. In 2015 he was named a Law360 Trial Ace and a National Law Journal White Collar Trailblazer.

Prior to joining Orrick, David was a partner at Buckley LLP. In addition to his experience in private practice, he served as an Assistant U.S. Attorney for the District of Columbia for 10 years.

Practice:

  • Cyber, Privacy & Data Innovation
  • Intellectual Property
  • Trade Secrets Litigation
  • Strategic Advisory & Government Enforcement (SAGE)

Caroline Simons Partner

Boston; New York

Tech and consumer-facing clients – from early-stage startups to some of the most recognizable online companies – turn to Caroline to protect their IP, brand, and reputation in litigation. Her expertise includes the fast-evolving areas of Section 230 of the Communications Decency Act and online safety, cybersecurity & data privacy litigation. In the past year, she has litigated more than 60 cases related to platform immunity and she is currently lead counsel in dozens of cases for one of the world's largest tech companies on claims challenging myriad aspects of its online services, including content moderation and product design.

A partner to her clients in crisis management, Caroline also advises them in cyber incident response, government and internal investigations and enforcement actions. Her experience at the intersection of online safety, IP and white-collar litigation gives her breadth of perspective and allows her to work with her clients to problem-solve and effectively manage enterprise risk. Clients appreciate Caroline's ability to collaborate with witnesses, company stakeholders and factfinders – both inside and outside the courtroom – to achieve meaningful results.

Caroline maintains an active pro bono practice, representing clients in Hague proceedings as well as children and refugees in asylum proceedings in conjunction with the Political Asylum / Immigration Representation (PAIR) Project. She has drafted amicus briefs in cases pending before the U.S. Supreme Court and U.S. Circuit Courts of Appeals in the areas of technology, criminal justice, and reproductive rights.

Practice:

  • Cyber, Privacy & Data Innovation
  • Intellectual Property
  • Trade Secrets Litigation
  • Strategic Advisory & Government Enforcement (SAGE)

Caroline Simons Partner

Boston; New York

Tech and consumer-facing clients – from early-stage startups to some of the most recognizable online companies – turn to Caroline to protect their IP, brand, and reputation in litigation. Her expertise includes the fast-evolving areas of Section 230 of the Communications Decency Act and online safety, cybersecurity & data privacy litigation. In the past year, she has litigated more than 60 cases related to platform immunity and she is currently lead counsel in dozens of cases for one of the world's largest tech companies on claims challenging myriad aspects of its online services, including content moderation and product design.

A partner to her clients in crisis management, Caroline also advises them in cyber incident response, government and internal investigations and enforcement actions. Her experience at the intersection of online safety, IP and white-collar litigation gives her breadth of perspective and allows her to work with her clients to problem-solve and effectively manage enterprise risk. Clients appreciate Caroline's ability to collaborate with witnesses, company stakeholders and factfinders – both inside and outside the courtroom – to achieve meaningful results.

Caroline maintains an active pro bono practice, representing clients in Hague proceedings as well as children and refugees in asylum proceedings in conjunction with the Political Asylum / Immigration Representation (PAIR) Project. She has drafted amicus briefs in cases pending before the U.S. Supreme Court and U.S. Circuit Courts of Appeals in the areas of technology, criminal justice, and reproductive rights.

431323

Practice:

  • Financial & Fintech Advisory
  • Strategic Advisory & Government Enforcement (SAGE)
  • Fintech

Fredrick Levin Partner

Santa Monica; Chicago; San Francisco

In addition, Fredrick has represented corporate and individual clients in a wide array of national and transnational commercial disputes involving contract enforcement, corporate governance, debt collection, intellectual property, mergers and acquisitions, real estate and securities. He also has an active appellate practice and has briefed and argued numerous cases in federal and state courts throughout the U.S.

Fredrick is a frequent author and lecturer on litigation and compliance issues regarding the consumer financial services industry, including on topics such as federal preemption under the Dodd-Frank Act, the Consumer Financial Protection Bureau's (CFPB) mortgage servicing rules, the CFPB’s proposed arbitration rule, residential mortgage backed securities litigation, management of multi-jurisdictional litigation, enforcement of jury trial waivers and the use of American discovery in support of foreign litigation and damages measurement.

Prior to joining Orrick, Fredrick was a partner at Buckley LLP. He is co-located in the firm’s Chicago office and practices regularly in Illinois and Michigan.

431323

Practice:

  • Financial & Fintech Advisory
  • Strategic Advisory & Government Enforcement (SAGE)
  • Fintech

Fredrick Levin Partner

Santa Monica; Chicago; San Francisco

In addition, Fredrick has represented corporate and individual clients in a wide array of national and transnational commercial disputes involving contract enforcement, corporate governance, debt collection, intellectual property, mergers and acquisitions, real estate and securities. He also has an active appellate practice and has briefed and argued numerous cases in federal and state courts throughout the U.S.

Fredrick is a frequent author and lecturer on litigation and compliance issues regarding the consumer financial services industry, including on topics such as federal preemption under the Dodd-Frank Act, the Consumer Financial Protection Bureau's (CFPB) mortgage servicing rules, the CFPB’s proposed arbitration rule, residential mortgage backed securities litigation, management of multi-jurisdictional litigation, enforcement of jury trial waivers and the use of American discovery in support of foreign litigation and damages measurement.

Prior to joining Orrick, Fredrick was a partner at Buckley LLP. He is co-located in the firm’s Chicago office and practices regularly in Illinois and Michigan.

Practice:

  • Intellectual Property
  • Trademark, Copyright & Media
  • Trade Secrets Litigation
  • U.S. International Trade Commission

R. David Hosp Partner

Boston; New York

David brings creativity and determination to all of the matters he handles, whether they involve issues that are novel and complex or more traditional. He has tried matters to both juries and judges, and prepares every one of his cases with the assumption that the matter will be tried to verdict. That attention to preparation often leads to positive results before trial in favorable settlements or rulings on motions to dismiss or on summary judgment, which saves clients time and expense.

Throughout his career, David has been involved in some of the most widely followed cases in the area of trademark, copyright, and media law. For example, David:

  • Represents inventors of AI technology in connection with class action copyright claims brought by copyright owners against Databricks related to training of LLMs.
  • Advises AI technology companies with respect to litigation risks and potential copyright and Lanham Act claims
  • Represents Altice in defending cases brought by the music industry alleging secondary liability for subscribers’ alleged infringement of musical works utilizing BitTorrent on Altice’s internet platforms;
  • Represents the University of Washington in defense of First Amendment claims brought by a professor where UW was recently granted summary judgment on all claims;
  • Recently represented UW in successful defense of defamation claims brought by Project Veritas over debunking of 2020 election interference reports;
  • Recently represented blockchain company partnered with Quentin Tarantino in successful defense of first-impression copyright and trademark claims brought by Miramax over the creation and sale of NFTs involving the hand-written script for the motion picture Pulp Fiction;
  • Represented Samsung in successful defense and settlement of trademark and unfair competition claims brought in the Southern District of New York regarding Samsung’s MILK music streaming service;
  • Represented Microsoft in successful defense and settlement of copyright claims filed in the Southern District of New York by Getty Images, Inc. related to the operation of Bing search engine;
  • Represented New Balance at trial in the International Trade Commission in the successful defense of trade dress claims brought by Nike/Converse. That case was cited by IP Law360 as the top trademark ruling of 2016;
  • Served as Aereo’s lead trial counsel in the successful defense in the Southern District of New York (874 F. Supp.2d 373 (S.D.N.Y. 2012)) and lead appellate counsel in the successful appeal at the Second Circuit (712 F.3d 676 (2d Cir. 2013)). The case was ultimately decided by the Supreme Court on an issue of first impression in 2015;
  • Represented Cablevision in the Southern District of New York in Cartoon Network LLP v. CSC Holdings, Inc. (478 F. Supp. 2d 607 (S.D.N.Y. 2007)), and was instrumental in developing the arguments that ultimately succeeded at the Second Circuit, which clarified copyright law on issues of both reproduction and public performance (536 F.3d 121 (2d Cir. 2008);
  • Served as lead trial counsel for Triumph Learning in the successful defense of trademark claims in Coach Services, Inc. v. Triumph Learning LLC (96 U.S.P.Q.2d 1600 (T.T.A.B. 2010)), and successfully defended that verdict before the Federal Circuit (668 F.3d 1356 (Fed. Cir. 2012)) in a decision that established a new standard for “fame” in trademark dilution cases;
  • Served as lead trial counsel for the New York Times and The Boston Globe in Gatehouse v. The New York Times, a case of first impression that involved both copyright and trademark claims, which settled favorably just prior to trial (2012);
  • As a senior associate, served as a member of the trial and appellate team in Lorillard v. Reilly, a case that was ultimately decided in the client’s favor at the United States Supreme Court (533 U.S. 525 (2001)), in one of the leading First Amendment commercial speech decisions in recent jurisprudence.

The Hollywood Reporter has previously included David in its annual Power 100 edition, highlighting the most influential media attorneys in the country, and naming his team’s defense of Aereo, Inc. against claims brought by the country’s major television broadcasters at the trial court and before the Second Circuit as the “Case of the Year.” He has been recognized as a leading practitioner in The American Lawyer, The World Trademark Review 1000, and The Legal 500, among other legal publications. He also writes extensively about the law, and has lectured at Harvard Law School’s Berkman Center, Boston College Law School and the New England School of Law.

Practice:

  • Intellectual Property
  • Trademark, Copyright & Media
  • Trade Secrets Litigation
  • U.S. International Trade Commission

R. David Hosp Partner

Boston; New York

David brings creativity and determination to all of the matters he handles, whether they involve issues that are novel and complex or more traditional. He has tried matters to both juries and judges, and prepares every one of his cases with the assumption that the matter will be tried to verdict. That attention to preparation often leads to positive results before trial in favorable settlements or rulings on motions to dismiss or on summary judgment, which saves clients time and expense.

Throughout his career, David has been involved in some of the most widely followed cases in the area of trademark, copyright, and media law. For example, David:

  • Represents inventors of AI technology in connection with class action copyright claims brought by copyright owners against Databricks related to training of LLMs.
  • Advises AI technology companies with respect to litigation risks and potential copyright and Lanham Act claims
  • Represents Altice in defending cases brought by the music industry alleging secondary liability for subscribers’ alleged infringement of musical works utilizing BitTorrent on Altice’s internet platforms;
  • Represents the University of Washington in defense of First Amendment claims brought by a professor where UW was recently granted summary judgment on all claims;
  • Recently represented UW in successful defense of defamation claims brought by Project Veritas over debunking of 2020 election interference reports;
  • Recently represented blockchain company partnered with Quentin Tarantino in successful defense of first-impression copyright and trademark claims brought by Miramax over the creation and sale of NFTs involving the hand-written script for the motion picture Pulp Fiction;
  • Represented Samsung in successful defense and settlement of trademark and unfair competition claims brought in the Southern District of New York regarding Samsung’s MILK music streaming service;
  • Represented Microsoft in successful defense and settlement of copyright claims filed in the Southern District of New York by Getty Images, Inc. related to the operation of Bing search engine;
  • Represented New Balance at trial in the International Trade Commission in the successful defense of trade dress claims brought by Nike/Converse. That case was cited by IP Law360 as the top trademark ruling of 2016;
  • Served as Aereo’s lead trial counsel in the successful defense in the Southern District of New York (874 F. Supp.2d 373 (S.D.N.Y. 2012)) and lead appellate counsel in the successful appeal at the Second Circuit (712 F.3d 676 (2d Cir. 2013)). The case was ultimately decided by the Supreme Court on an issue of first impression in 2015;
  • Represented Cablevision in the Southern District of New York in Cartoon Network LLP v. CSC Holdings, Inc. (478 F. Supp. 2d 607 (S.D.N.Y. 2007)), and was instrumental in developing the arguments that ultimately succeeded at the Second Circuit, which clarified copyright law on issues of both reproduction and public performance (536 F.3d 121 (2d Cir. 2008);
  • Served as lead trial counsel for Triumph Learning in the successful defense of trademark claims in Coach Services, Inc. v. Triumph Learning LLC (96 U.S.P.Q.2d 1600 (T.T.A.B. 2010)), and successfully defended that verdict before the Federal Circuit (668 F.3d 1356 (Fed. Cir. 2012)) in a decision that established a new standard for “fame” in trademark dilution cases;
  • Served as lead trial counsel for the New York Times and The Boston Globe in Gatehouse v. The New York Times, a case of first impression that involved both copyright and trademark claims, which settled favorably just prior to trial (2012);
  • As a senior associate, served as a member of the trial and appellate team in Lorillard v. Reilly, a case that was ultimately decided in the client’s favor at the United States Supreme Court (533 U.S. 525 (2001)), in one of the leading First Amendment commercial speech decisions in recent jurisprudence.

The Hollywood Reporter has previously included David in its annual Power 100 edition, highlighting the most influential media attorneys in the country, and naming his team’s defense of Aereo, Inc. against claims brought by the country’s major television broadcasters at the trial court and before the Second Circuit as the “Case of the Year.” He has been recognized as a leading practitioner in The American Lawyer, The World Trademark Review 1000, and The Legal 500, among other legal publications. He also writes extensively about the law, and has lectured at Harvard Law School’s Berkman Center, Boston College Law School and the New England School of Law.

24248

Practice:

  • Technology & Innovation Sector
  • Employment Law & Litigation
  • Wage and Hour
  • Discrimination, Harassment & Retaliation
  • ERISA & Benefits Litigation

Joseph Liburt Partner

Silicon Valley

Clients turn to Joe again and again as a creative problem solver and trusted advisor in helping them achieve their goals quickly and efficiently.

For example, in a wage class action for Sears, Joe quarterbacked an unusual strategy to dismiss the case. The team discovered that the plaintiff had filed for bankruptcy, and filed a motion to dismiss because the plaintiff no longer owned the lawsuit, the bankruptcy trustee did. But the plaintiff argued he might re-acquire the lawsuit in bankruptcy court, and the district court allowed him to try. In the bankruptcy court, Joe had Sears buy the lawsuit (an asset of the plaintiff’s bankruptcy estate) for a nominal amount, and then returned to the district court where Sears, now the owner of the class action against itself, dismissed the case with prejudice.

In Pao v. Kleiner Perkins, the high-stakes gender discrimination and retaliation case that garnered intense national scrutiny, Joe led the trial team's work on jury instructions and expert witnesses.

Joe is praised by clients, co-counsel and colleagues for his collaborative approach and ability to bring out the best work from the team.

24248

Practice:

  • Technology & Innovation Sector
  • Employment Law & Litigation
  • Wage and Hour
  • Discrimination, Harassment & Retaliation
  • ERISA & Benefits Litigation

Joseph Liburt Partner

Silicon Valley

Clients turn to Joe again and again as a creative problem solver and trusted advisor in helping them achieve their goals quickly and efficiently.

For example, in a wage class action for Sears, Joe quarterbacked an unusual strategy to dismiss the case. The team discovered that the plaintiff had filed for bankruptcy, and filed a motion to dismiss because the plaintiff no longer owned the lawsuit, the bankruptcy trustee did. But the plaintiff argued he might re-acquire the lawsuit in bankruptcy court, and the district court allowed him to try. In the bankruptcy court, Joe had Sears buy the lawsuit (an asset of the plaintiff’s bankruptcy estate) for a nominal amount, and then returned to the district court where Sears, now the owner of the class action against itself, dismissed the case with prejudice.

In Pao v. Kleiner Perkins, the high-stakes gender discrimination and retaliation case that garnered intense national scrutiny, Joe led the trial team's work on jury instructions and expert witnesses.

Joe is praised by clients, co-counsel and colleagues for his collaborative approach and ability to bring out the best work from the team.

Alexandria Elliott Senior Associate

Sacramento

Known for a strategic and pragmatic approach, Alexandria collaborates with clients to resolve high-risk matters at the earliest opportunity and with the least business disruption. When early resolution isn't possible, Alexandria is a skilled advocate who fights for her clients every step of the way. Alexandria is valued by her clients for her ability to balance defense strategies with business-minded solutions. Alexandria has successfully defended clients in trial and arbitration and helps clients with all types of employment matters, including whistleblower retaliation, discrimination, harassment, failure to accommodate, FMLA and CFRA claims, breach of employment contract, and equal pay claims. When she's not litigating, Alexandria enjoys partnering with clients to set them up for success through thoughtful advice and counsel.

Alexandria maintains an active pro bono case load and recently won a prisoner appeal before the Ninth Circuit Court of Appeals.

Prior to joining Orrick, Alexandria worked as a litigation associate in Kirkland & Ellis's San Francisco office. Before that, Alexandria was a law clerk for the Honorable Bobby R. Baldock of the Tenth Circuit Court of Appeals and the Honorable Gina M. Groh of the Northern District of West Virginia. She earned her Juris Doctor degree from Pepperdine University School of Law, where she graduated second in her class.

Alexandria Elliott Senior Associate

Sacramento

Known for a strategic and pragmatic approach, Alexandria collaborates with clients to resolve high-risk matters at the earliest opportunity and with the least business disruption. When early resolution isn't possible, Alexandria is a skilled advocate who fights for her clients every step of the way. Alexandria is valued by her clients for her ability to balance defense strategies with business-minded solutions. Alexandria has successfully defended clients in trial and arbitration and helps clients with all types of employment matters, including whistleblower retaliation, discrimination, harassment, failure to accommodate, FMLA and CFRA claims, breach of employment contract, and equal pay claims. When she's not litigating, Alexandria enjoys partnering with clients to set them up for success through thoughtful advice and counsel.

Alexandria maintains an active pro bono case load and recently won a prisoner appeal before the Ninth Circuit Court of Appeals.

Prior to joining Orrick, Alexandria worked as a litigation associate in Kirkland & Ellis's San Francisco office. Before that, Alexandria was a law clerk for the Honorable Bobby R. Baldock of the Tenth Circuit Court of Appeals and the Honorable Gina M. Groh of the Northern District of West Virginia. She earned her Juris Doctor degree from Pepperdine University School of Law, where she graduated second in her class.