"U.S. Trial Firm of the Year" – 3 Consecutive Years (Benchmark; Law360)

Chambers 2017: Hueston Hennigan a “Powerhouse”

John Hueston and Brian Hennigan, who have both been repeatedly ranked as Band 1 attorneys, were again named “Leaders in their Field.” A distinction based on their “technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by the client.”

Mr. Hueston’s peers labeled him “one of the very best,” remarking on his “absolutely incredible” trial skills and the ability to anticipate “every challenge and possible weakness,” in cases.

Clients turn to Mr. Hennigan for his “wealth of experience across all aspects of enforcement and investigation work,” Chambers wrote, adding that peers commend his “real trial expertise and particular understanding of how the government looks at things.”

Since opening its doors in 2015, Hueston Hennigan has been ranked as a national Top 10 Boutique by Benchmark Litigation, named by Law360 as one of five top national trial boutiques, and one of California’s top boutiques by the Los Angeles Daily Journal. The firm’s clients include T-Mobile, Amazon.com, SpaceX, Tesla, Western Digital, the Navajo Nation, Amgen, Sumner Redstone, the University of California, Walt Disney, GlaxoSmithKline, PricewaterhouseCoopers and many others.

London-based Chambers and Partners, is one of the World’s preeminent directories of law firms and lawyers, producing annual guides after months of objective and in-depth research.

Western Digital takes Toshiba Dispute to International Chamber of Commerce

The arbitration demand seeks an order requiring Toshiba to undo the purported transfer to an affiliate, and injunctive relief preventing Toshiba from further breaching the JV agreements. Per the provisions of the JV agreements, the arbitration will take place in San Francisco, California.

In a statement , Western Digital chief executive officer Steve Milligan said “Joint ventures are inherently intimate commercial relationships, and in order to protect against being forced into such a relationship with parties not of their choosing, SanDisk and Toshiba agreed to protect their interests in the joint ventures by prohibiting transfers without the consent of the other party. Toshiba’s attempt to spin out its joint venture interests into an affiliate and then sell that affiliate is explicitly prohibited without SanDisk’s consent.”

Seeking relief through mandatory arbitration was a last resort after multiple attempts to work with Toshiba, according to Milligan. “However, all of our other efforts to achieve a resolution to date have been unsuccessful, and so we believe legal action is now a necessary next step. We are confident in our ability to protect our rights and interests and to improve our value creation opportunities.”

Representing Western Digital are John Hueston, Douglas Dixon, Leanne Vanecek, and John Scheerer.

Robert Klieger Featured in The Hollywood Reporter’s Top 100 Power Lawyers

Mr. Klieger continues to represent Mr. Redstone in connection with all of his personal and business legal matters, including several derivative lawsuits filed by shareholders of Viacom and CBS in the Delaware Court of Chancery and a high-profile lawsuit that Mr. Redstone filed in Los Angeles County Superior Court in October 2016 against two former girlfriends, who he maintains absconded with more than $150 million in cash and stock.

The Art of the Trial: Direct Examination

Trial attorneys are storytellers. We win or lose based on our ability to weave key facts together into a persuasive narrative for the factfinder. That story, bolstered by evidence and delivered in a compelling way, convinces a jury to agree with our client. Although a rousing opening statement and forceful closing argument bookmark a case, what counts most is the narrative we craft throughout the trial, chapter by chapter, through the direct e examination of witnesses.

The Harmony of Witness Selection

My strategy for direct examination begins long before the witness takes the stand. My witnesses are my client’s surrogates, charged first and foremost with telling the truth, and I choose them with care. Whenever possible, I identify trial witnesses before discovery begins and with with my witness through depositions and thereafter.

Every piece of evidence I need for my closing comes from direct examination, so each witness has to have a purpose and the jury needs to understand it. I never want a jury to think, after my direct examination, “What was that about?” or “Why did I have to listen to that person testify?”

To that end, my witnesses have to have two qualities: Te first is an ability to “write” a chapter in my client’s case that is begin revealed to the jury. The second quality is a bit more elusive. It’s chemistry. What makes a particular witness uniquely suited to tell the story? What are their strengths and weaknesses as a storyteller? Can he or she connect with a jury?  Sometimes it’s readily apparent. but not always.

Read the full article in the Daily Journal.

Alec Baldwin Art Case Moves Forward

Mr. Baldwin contacted Ms. Boone when he was seeking to purchase an original painting by noted contemporary artist Ross Bleckner, but instead of the promised painting, the suit alleges, Boone delivered a counterfeit that she had fraudulently stamped with the gallery number from the original, for the purpose of deceiving him. Furthermore, when Mr. Baldwin asked about the painting’s odor, Ms. Boone lulled his suspicions by falsely telling him she had it “cleaned,” prior to delivery “as a courtesy,” since the previous owner was a “heavy smoker.”

Ms. Boone had sought to dismiss the fraud claims on the grounds that Mr. Baldwin filed suit against the gallery after the statute of limitations had expired. Justice Robert Reed, however, found the alleged acts to intentionally deceive Mr. Baldwin had effectively stopped the clock. The survival of the fraud claim means he can also seek punitive damages against the art gallery owner, the judge said.

“We look forward to proceeding to trial, where a jury will have the chance to judge Ms. Boone’s egregious fraud,” said lead counsel.

Representing Mr. Baldwin are: John Hueston, Moez Kaba and Daniel Vinson

Read more in Law360

SanDag Hires “Pit Bull with Pedigree” for Investigation

The board of directors of the San Diego Association of Governments has hired Hueston Hennigan to conduct an independent examination of a faulty revenue forecast for last fall’s Measure A.

The board earlier this year called for an outside investigation of who knew what, and when, regarding the projection of how much money a half-cent sales tax hike would raise.

The measure was backed by a majority of residents in November, but failed to capture the two-thirds necessary for passage.

Documents obtained by the online publication Voice of San Diego indicated that staff members discovered a modeling error that overstated the likely proceeds but didn’t change the projection or alert board members.

A trio of SANDAG directors – Poway Mayor Steve Vaus, San Diego City Council President Myrtle Cole and Del Mar Mayor Terry Sinnott – recommended the hiring of the law firm Hueston Hennigan LLP to conduct the investigation at a cost of $125,000. Their proposal was approved by the board, which is made up of elected officials from around the region.

“We wanted a pit bull to make sure that every stone is looked under, that we leave nothing to question so that the public can know we investigated things thoroughly and completely,” Vaus said. “My view – everything is on the table.”

From the Times of San Diego