Three-Time “California Trial Firm of the Year” Hueston Hennigan Cited as “Gold Star Litigation Boutique” with “Yearly Streak of High-Profile Trial Wins”

At the awards ceremony, Benchmark Litigation Managing Editor, Michael Rafalowich described Hueston Hennigan as a “a gold star litigation boutique … that has become a unanimously championed LA powerhouse.” He added, “the California Trial Firm of the year is a crackerjack litigation boutique with a yearly streak of high-profile trial wins.”

For the third consecutive year: California Trial Firm of the Year
For the fourth consecutive year: Los Angeles Firm of the Year
Impact Case of the Year: eBay v. Amazon.com

John Hueston was also honored with the following awards:

Hall of Fame
California Trial Lawyer of the Year (second consecutive year)
Los Angeles Litigator of the Year (third consecutive year)

The Benchmark Litigation awards recognizes “the country’s most distinguished litigators and their firms for their exemplary work over the past twelve months. After months of peer review-based research and submission reviews, the Benchmark team set out to uncover the most impactful cases, the lawyers and law firms behind them, and the litigators who have paved the way.”

 

Hueston Hennigan Wins $175M, Fees & Royalty, One of the Largest-Ever U.S. Trademark Awards

The decision “recognizes that Bang has long competed unfairly in the beverage marketplace,” noted co-lead counsel John Hueston to Reuters.

In awarding nearly $185 million and a 5% royalty on future sales to Monster and Orange Bang, the arbitrator noted that VPX’s conduct was intentional: “there was plenty of convincing evidence of VPX’s cavalier attitude about adhering” to the terms of the agreement. The arbitrator further noted that Mr. Owoc demonstrated a “cavalier indifference” to his contractual obligations.

“The arbitrator found overwhelming evidence that Bang violated both the contract and trademark law. This is an important and significant victory,” explained co-lead counsel Moez Kaba to Law360.

The significance of the 5% royalty on future sales awarded by the arbitrator is underscored by a recent social media post by Mr. Owoc claiming that VPX’s sales grew to $1.57 billion in 2021. If VPX fails to pay the royalty, it can only market and sell Bang products in vitamin and dietary supplement sections, and it cannot use the Bang mark at all within 12 states, including California, Texas, and New York.

The Hueston Hennigan trial team was led by John Hueston and Moez Kaba, and includes Allison Libeu, Lauren McGrory Johnson, Sourabh Mishra, Brandon Marsh, Michael Todisco, Julia Haines, Justin Greer, and Amber Munoz.

Media Coverage:
Reuters
Law360
Daily Journal (subscription required)

Hueston Hennigan Earns Top Verdicts Spot

Three of the most populous counties in California and the City of Oakland brought suit against opioid manufacturers alleging false advertising, unfair competition and public nuisance. The jurisdictions claimed that manufacturers’ alleged false and misleading marketing caused a $50 billion public nuisance.

After a four-month bench trial, Judge Peter J. Wilson found no actionable public nuisance or false or misleading claims by the defendants.

“We convinced the judge that to find nuisance you have to find an underlying bad act, and that proved the plaintiff’s downfall. It’s not enough to show there’s an opioid crisis,” said John Hueston to the Daily Journal.

The win was hailed as “giv[ing] drug companies their first major victory in the litigation brought by cities and counties across the country over the opioid crisis,” American Lawyer.

Daily Journal – Top Verdicts Profile

Hueston Hennigan Shortlisted for Benchmark Litigation US Awards

California – Trial Firm of the Year
California – Trial Lawyer of the Year – John Hueston
Los Angeles Firm of the Year
Los Angeles Litigator of the Year – John Hueston
California – Entertainment Litigation Firm of the Year
California – White Collar Crime Firm of the Year
California – White Collar Crime Litigator of the Year – John Hueston

These awards recognize the country’s most distinguished litigators and their firms for their exemplary work over the past twelve months. After months of peer review-based research and submission reviews, the Benchmark team set out to uncover the most impactful cases, the lawyers and law firms behind them, and the litigators who have paved the way.

The awards ceremony will take place on April 7 in San Francisco.

USEPA’s Contractors Cannot Escape Trial

“The Court’s thoughtful Order ensures that the USEPA’s contractors who triggered the toxic Gold King Mine spill in August 2015, along with the USEPA, will not escape before trial by claiming refuge under their status as government contractors,” said partner Andrew Walsh.

The Hueston Hennigan team includes John Hueston, Moez Kaba, Andrew Walsh, Shannon Coit, Joseph Crusham, Spencer Schmider, and Kelsey Dayton.

Media Coverage:
Law360

Hueston Hennigan Named a Law360 Trials Group of the Year

Editors highlighted trial victories for opioid maker Endo Pharmaceuticals PLC in a landmark California victory with billions in damages on the line; total victory defending Amazon.com from eBay’s corporate espionage claims; and a complete defense verdict for PwC after former employee Mauro Botta claimed wrongful termination and retaliation for filing a U.S. Securities and Exchange Commission complaint.

“What sets us apart is, as a firm, we start with ‘What is the trial narrative?’” said partner and trial practice chair John C. Hueston. “What is the narrative of fairness that’s going to attract the hearts and minds of the jury. We set the stage for the development of our trial themes from the onset of discovery.” Their success at focusing the trial narrative — particularly in emotionally charged cases generating significant media attention — proved key to defending Endo from allegations by four local California governments that the Dublin-based drugmaker’s reckless marketing contributed to the deadly opioid epidemic.

Hueston Hennigan’s success is due in part to the diversity and willingness to entrust associates with significant roles. In the last year, more than half of the roughly 40 associates at the 75-attorney shop had speaking roles in one or more of the firm’s trials.

With a successful trial record over the last five years, the firm is looking forward to several high-profile trials in the offing, too, representing Palantir Technologies Inc. in Delaware and California lawsuits, the criminal defense of Outcome Health CEO Rishi Shah in a $1 billion fraud case and communications company ClearOne Inc.’s patent infringement suit targeting a multinational competitor.

“As the record of victories piles up, so too does the additional trial work,” Moez Kaba said. “It’s the old, ‘The prize for winning a pie-eating contest is more pie.’ But it really excites us. It drives us. The people we attract to this firm as associates and counsel are coming for that reason.”

Trials Group Of The Year Article

Kaba and Chou Once Again Named Leaders of Influence

“Moez Kaba has an enviable string of trial and courtroom victories that makes him a force in the courtroom,” noted editors. “Persuasive to judges and juries alike, he is trusted by clients to win their most challenging cases.” Editors highlighted Mr. Kaba’s recent victories for Endo Pharmaceuticals in a $50 billion landmark opioid trial alleging public nuisance, unfair competition, and false advertising; a complete defense verdict for PricewaterhouseCoopers in a closely watched federal trial; a complete win on all claims for Amazon.com in a high-profile and consequential breach-of-contract and tortious interference suit brought against it by eBay; and a complete defense verdict for renowned research university California Institute of Technology after a four-week jury trial in a $65 million+ tortious interference and whistleblower case.

Recognized as a “seasoned trial and appellate attorney,” Ms. Chou is a key member of both the Trial Practice and the White Collar and Investigations teams. With an “outstanding reputation for her public sector work,” Ms. Chou has quickly built a formidable private sector practice developing strategies related to securing a unique plea agreement for of one of the highest profile criminal defendants in the “Varsity Blues” college admissions case, securing a presidential pardon, and securing a declination for Southern California Edison in the criminal investigation of the deaths from the wildfires. Ms. Chou served as an assistant United States attorney in the Central District of California in both the Criminal and National Security Divisions and was a deputy chief.

The Los Angeles Business Journal recognized the top 92 minority attorneys considered to be particularly impactful on the legal scene while serving as trusted advisors in the LA region.

Click here to view Ms. Chou’s full profile.

Click here to view Mr. Kaba’s full profile.

Camp and Chou Named Among “Leaders of Influence: Thriving in Their 40s”

Mr. Camp is a skilled trial lawyer and a former federal prosecutor who handles complex, high-stakes business disputes. This year, Mr. Camp won a “landmark” opioid trial for Endo Pharmaceuticals in a $50 billion action, obtained a complete dismissal of a putative securities class action on behalf of PricewaterhouseCoopers, and completed the recovery of more than $70 million for Qualcomm in connection with a fraud case against one of the company’s former senior engineers involving a sophisticated scheme related to semiconductor design technology.

Ms. Chou, a recognized rising star, is a seasoned trial and appellate attorney and served as a deputy chief in the U.S. Attorney’s Office in the Central District of California. Editors noted Ms. Chou’s recent successes in developing strategies related to securing a unique plea agreement for one of the highest profile criminal defendants in the “Varsity Blues” college admissions case, securing a presidential pardon for Amir Khan, and securing a declination for Southern California Edison in the criminal investigation of the deaths from the wildfires.

The Los Angeles Business Journal recognized leading business professionals in the region that are in the 40s age demographic. Publishers highlighted the top 100 Los Angeles professionals who continue to demonstrate success inside business and throughout their communities.

 

Click here to view full profile.

Hueston Hennigan Announces Partnership and Counsel Promotions

“Our success is due in part to an incredibly deep and talented firm,” said managing partner Brian Hennigan. “We are extremely fortunate to have this next generation of rising stars promoted to partner and counsel.”

Each of these lawyers played a key role in trials this year. Altogether, in this past year alone, the five attorneys below participated in seven trials, five of which were won and two of which are pending judgment. We look forward to the continued contributions of our next generation of leaders.

Joe Reiter, Partner
Joe Reiter represents leading companies and institutions in a broad range of high-stakes disputes. A relentless and creative litigator with substantial courtroom experience, Mr. Reiter has achieved exceptional results for his clients, including six trial victories in just five years. Those wins include a complete defense verdict for Amazon.com against claims that it had illegally poached eBay sellers; a victory for PricewaterhouseCoopers in a closely watched federal trial; a $25 million jury verdict against Samsung for patent infringement; and a total defense verdict for the California Institute of Technology after a four-week jury trial involving tortious interference and whistleblower claims.

In addition, Mr. Reiter has drafted, argued, and won significant motions and complex appeals. He prevailed at summary judgment for the California Institute of Technology in a False Claims Act lawsuit alleging widespread fraud against the Department of Energy and obtained the early dismissal of a case seeking to hold Amazon.com liable for billions of sales taxes. Mr. Reiter also drafted the successful petition for a writ of certiorari and merits briefing in Nutraceutical Corp. v. Lambert, 139 S. Ct. 710 (2019), which obtained a 9-0 victory before the Supreme Court of the United States.

Before joining Hueston Hennigan at its inception, Mr. Reiter clerked for the Honorable Andrew J. Kleinfeld on the U.S. Court of Appeals for the Ninth Circuit. He earned his J.D. from the University of Michigan Law School, magna cum laude, where he was elected to the Order of the Coif.

Yegor Fursevich, Counsel
Yegor Fursevich is a commercial litigator whose practice focuses on high-stakes business disputes and complex commercial litigation. Mr. Fursevich has represented multinational pharmaceutical companies, global accounting firms, renowned restaurant brands, and top online retailers in a wide array of matters involving insider trading, trade secret misappropriation, business torts, whistleblowing, and violations of fiduciary duties. Mr. Fursevich takes an aggressive and proactive approach in every aspect of litigation, from pre-filing investigation to post-trial appeals.

This past year, Mr. Fursevich was a member of the trial team who obtained a complete defense verdict for PricewaterhouseCoopers in a closely watched federal trial. He is also scheduled to go to trial early next year representing a public data analytics company in a case involving allegations of tortious interference.

Mr. Fursevich clerked for the Honorable Jay S. Bybee on the U.S. Court of Appeals for the Ninth Circuit and the Honorable Michael W. Fitzgerald on the U.S. District Court for the Central District of California. He earned his J.D. from the UC Berkeley School of Law, where he was elected to the Order of the Coif.

Sara Haji, Counsel
Sara Haji is a complex commercial litigator focusing on high-stakes business disputes oriented towards trial. From pre-filing investigation to post-trial appeals, clients trust Ms. Haji to develop effective strategies based on deep familiarity with the federal and state courts. Ms. Haji has been key in securing favorable pre-litigation and litigation outcomes for Monster Energy Company, Amazon.com, Ring, the Navajo Nation, and a variety of high-profile individuals.

Ms. Haji has obtained substantial courtroom experience, examining witnesses at a trial on behalf of real-estate investor Robert K. Barth and arguing countless motions on behalf of Monster Energy. Her written advocacy has secured case-dispositive rulings for several clients, including Amazon.com and Ring. This coming year, she will represent Monster Energy in an upcoming trial involving Lanham Act, misappropriation, and interference claims, and will represent Robert K. Barth in a trial involving a Ring dispute over corporate governance at a leading asset management firm.

Ms. Haji clerked for the Honorable Mariano-Florentino Cuéllar on the Supreme Court of California; the Honorable Raymond C. Fisher on the U.S. Court of Appeals for the Ninth Circuit, and the Honorable Margo K. Brodie on the U.S. District Court for the Eastern District of New York. She earned her J.D. from the UC Berkeley School of Law, with high distinction.

Sourabh Mishra, Counsel
Recognized among the “Ones to Watch” by Best Lawyers, Sourabh Mishra focuses his practice on complex commercial litigation, intellectual property litigation, and white collar criminal defense and investigations. Mr. Mishra represents companies and individuals in complex litigation matters across a wide array of industries, including medical devices, information analytics, food and beverage, telecommunications, biopharmaceuticals, and technology hardware and equipment. In addition, he regularly represents individuals and corporations in connection with complex and sensitive internal investigations and governmental inquiries.

This year, Mr. Mishra obtained a jury trial victory in federal court for ClearOne of no patent infringement and invalidating opposing party Shure’s design patent; and represented Monster Energy in a two-week arbitration involving breach of contract and trademark infringement claims (pending decision). Mr. Mishra is also counsel in several upcoming trials, including for Monster Energy Company involving Lanham Act, trade secret misappropriation, and contract interference claims set for trial in April 2022; and for ClearOne in multiple federal venues involving patent and tort claims.

Mr. Mishra earned his J.D. from Columbia Law School, where he was a notes editor for the Columbia Law Review and a Harlan Fiske Stone Scholar.

Samantha Schnier, Counsel
Samantha Schnier focuses on complex commercial litigation and white collar defense and investigation. She has experience in all stages of litigation, including drafting pleadings and dispositive motions, taking and defending depositions, managing fact and expert discovery, preparing cases for trial, and drafting appellate briefs. She also regularly represents both corporate and individual clients in sensitive investigations and governmental inquiries.

Recently, Ms. Schnier was a key member of the trial team that obtained a landmark victory for Endo Pharmaceuticals in a $50 billion action alleging claims of false advertising and public nuisance. She was also part of the team that secured a declination of prosecution from the California Department of Justice for Southern California Edison in connection with the 2018 Woolsey Fire. She is currently representing the former dean of USC’s School of Social Work on federal corruption charges in an alleged bribery scheme involving a public official.

Ms. Schnier clerked for the Honorable Joan M. Azrack on U.S. District Court for the Eastern District of New York. She earned her J.D. from the New York University School of Law, where served as senior editor for the Journal of Intellectual Property and Entertainment Law.