Author: Kristy Werness

Federal Circuit Victory for ClearOne in Ongoing Patent Litigation Fight

In September 2020, the Honorable Edmond E. Chang of the United States District Court for the Northern District of Illinois held Shure in contempt for marketing and selling its redesigned MXA910-A product in violation of a previously issued preliminary injunction order (“Contempt Order”). Shure appealed the Contempt Order. The Federal Circuit dismissed the appeal, stating that Shure’s position on appeal “lacks merit.” The Federal Circuit held that because the Contempt Order “faithfully applied the preliminary injunction,” the Federal Circuit did not have jurisdiction over the appeal. The Federal Circuit awarded to ClearOne certain of its costs incurred responding to Shure’s appeal.

ClearOne has filed a motion for its attorney fees associated with responding to Shure’s appeal. That motion remains pending. In the District Court, proceedings are ongoing as to the scope of Shure’s violation of the Contempt Order, as well as the appropriate relief arising from the violation.

The oral argument before the Federal Circuit was conducted during the first in-person session after an almost 15-month pause. The recording is available here.

ClearOne is a global company that designs and develops conferencing, collaboration, and networked streaming devices. Its customers have included Boeing, Toyota, Netflix and Exxon.

The Hueston Hennigan team includes Christy Rayburn, Doug Dixon, Sourabh Mishra, Karen Younkins and Joseph Aronsohn.

Media Coverage
Law360
BusinessWire

Four Partners Named to Benchmark’s 40 and Under Hot List

Benchmark Litigation commemorates the most notable up-and-coming litigation attorneys in the United States. Those named to this exclusive list have proven their eligibility as individuals at the partner level of their respective firms who are of the age of 40 or younger. They have all also had a hand in some of their firms’ most noteworthy recent cases and have earned praise from clients and peers regarding the quality of their work.

Attorneys named to the 2021 publication were chosen through several phases of research: namely, the review of their recent case work, peer review in which we consider how attorneys at peer legal institutions might rank them, and a consideration of client feedback on their performances. These attorneys, though young, have established themselves in their respective fields and are set to enjoy bright futures.

LABJ Names Hueston and Kaba Top Litigators & Trial Lawyers

With an enviable trial record, Mr. Hueston’s “high-profile, bet-the-company trials and representations of iconic business titans attract worldwide focus and are often historic.”

Similarly, editors noted Mr. Kaba’s “trial record in trying six cases to verdict or judgment making him a trusted advisor to his clients.”

The Los Angeles Business Journal recognizes the region’s most outstanding litigators as “Leaders of Influence: Litigators & Trial Lawyers in Los Angeles.” These are the lawyers you want in your corner in court.

Click here to view full profile.

Settlement Reached in Fight to Protect National Immigrant Hotline

“This settlement is a victory for the First Amendment rights of Freedom for Immigrants and immigrants in detention,” Moez M. Kaba, a partner at Hueston Hennigan and the lead counsel of the group in the lawsuit, along with Rajan Trehan and Ashley Artmann, said in a statement. “The government cannot simply silence expressions of dissent or critique from people speaking out against the conditions of confinement.”

Under the settlement, Immigration and Customs Enforcement (ICE) agreed to provide uninterrupted access to FFI’s National Immigration Detention Hotline for people in the immigration detention system across more than 150 detention centers and jails across the country.

In 2019, FFI partnered with the popular Netflix show Orange is the New Black (“OITNB”) to help portray the plight of persons detained in ICE facilities and increase public knowledge of the work that organizations like FFI do. Season 7 of OITNB prominently featured the Hotline, and press surrounding the July 2019 season premiere focused on the immigrant-centric storylines and FFI’s work. After first restricting the national Hotline to only certain facilities in Florida, ICE completely shut down the Hotline within two weeks of the premiere of OITNB Season 7.

Hueston Hennigan filed a lawsuit on behalf of FFI in December 2019 seeking to reinstate the national hotline. In February 2021, we won a preliminary injunction affirming FFI’s First Amendment and Constitutional rights and ordering the government to immediately reinstate the Hotline.

The Hueston Hennigan team includes Moez Kaba, Rajan Trehan, and Ashley Artmann.

Media Coverage
The Washington Post
NBC News

Rayburn and Foran Elevated to Partner

“Christy and Pad are trial lawyers who are already trusted by many clients for their sage advice,” said managing partner Brian Hennigan. “We are extremely excited to have them join the partnership, and we look forward to the continued contributions of our colleagues and friends.”

Christina Von der Ahe Rayburn
Ms. Rayburn litigates high-profile, high-stakes technology disputes for companies of all sizes, including Monster Energy, Amazon.com, BlackBerry, ClearOne, and Acorn Technologies. Described by clients as “a fierce advocate” and “intensely brilliant at understanding the detail and complexity of the subject matter, while retaining a clear view of the big issues and its impact on strategy,” she has a depth of experience in patent, copyright, and trade secret litigation at every stage. As a member of the patent bar and as a Stanford-trained mechanical engineer, Ms. Rayburn is quick to understand the technology at issue in her clients’ matters.

Ms. Rayburn is a force in the courtroom, as evidenced by her recent performance at a patent trial that resulted in a $25 million verdict for Acorn Technologies against Samsung. In addition, as co-lead counsel for ClearOne, she won a finding of contempt against a large multinational competitor’s marketing of a competing product against the terms of a preliminary injunction and defended that contempt finding in the Federal Circuit’s first live argument after the pandemic. Also on behalf of ClearOne, and against the same large competitor, she has defeated requests for a temporary restraining order and a preliminary injunction based on alleged patent infringement.

Ms. Rayburn is a founding member of the Howard T. Markey Intellectual Property Inn of Court in Orange County, and has served that organization as its secretary, membership chair, and programs chair and as a member of the board. Ms. Rayburn serves as a member of the Steering Committee for the ABA Death Penalty Representation Project.

Ms. Rayburn clerked for the Honorable Andrew J. Guilford for the U.S. District Court for the Central District of California. She earned her J.D. from Harvard Law School, cum laude. She earned her undergraduate degree in mechanical engineering and political science from Stanford University with distinction.

Ms. Rayburn has been recognized as a rising star on the “40 & Under Hot List” by Benchmark Litigation and has repeatedly been named to the Southern California Rising Stars list.

Padraic Foran
Mr. Foran is a creative and forceful litigator focusing on complex civil litigation and trials—primarily fraud, trade secret, and professional liability matters—in California and across the country.

Mr. Foran has guided a wide variety of clients—from Qualcomm to SpaceX, Tesla, Willis Towers Watson, and GlaxoSmithKline—through sensitive, high-stakes litigation. He also advises corporate officers and directors in a broad range of industries, such as telecommunications, real estate, and financial services, on their most important and urgent matters.

With experience managing the litigation process from pleadings to verdict to appeal, Mr. Foran brings an abundance of courtroom experience and insight to every case. Working closely with clients, he develops innovative approaches and case strategies designed to achieve clearly articulated goals. He streamlines complex fact and expert discovery, avoids unnecessary disputes, and focuses on what matters: favorable resolution.

Mr. Foran is currently in trial representing Endo Pharmaceuticals in the most significant litigation in its history: lawsuits brought by various California jurisdictions related to the sale of opioid pharmaceutical products. Four plaintiff jurisdictions (Orange County, Los Angeles County, Santa Clara County, and Oakland City) brought claims on behalf of the people of the state of California for public nuisance, unfair competition, and false advertising.

Mr. Foran served as a law clerk to the Honorable Jerome Farris, U.S. Court of Appeals for the Ninth Circuit. He earned his J.D. from USC Gould School of Law, Order of the Coif, and his undergraduate degree in English from the University of Southern California, magna cum laude.

Mr. Foran has been repeatedly named to the Southern California Rising Stars list and most recently to the Southern California Super Lawyers list.

Hueston Hennigan’s “Phenomenal Track Record in Trials” Noted by Legal 500

Editors noted:

“A phenomenal track record in trials”
“They pack an astounding punch”
“Exceptionally effective in commercial disputes – both on offense and defense”

A summary of the client testimonials includes:

‘The team at Hueston Hennigan is unique in that they bring such passion and focus to every engagement. They approach litigation with creativity and innovation rather than simply running the traditional playbook. Although the firm is relatively small, they pack an astounding punch and that’s due to the high quality of the people they recruit and retain. I have truly enjoyed my association with Hueston Hennigan and plan for it to continue as long as I’m in a position to engage counsel.’

‘Hueston Hennigan’s partners and associates are exceptionally effective in commercial disputes – both on offense and defense.’

‘John Hueston and Moez Kaba are two of the best oral advocates and trial lawyers I’ve seen in my nearly thirty year long career. They can be as cerebral as any federal judge while being able to explain matters plainly and clearly to juries.’

‘Hueston Hennigan LLP’s lawyers are smart, creative, hard-working, experienced, and ethical and determined.’ 

‘Hueston Hennigan have built their firm on the ethos of founding partners John Hueston and Brian Hennigan, who seek to deliver excellence in service and value to the client’.

‘They are all excellent lawyers but their service is what sets them apart’.

‘You always get their attention when you need it’. 

‘They are a focused team with experience in handling high-profile matters that are often only handled by firms of a much larger size’. 

 

Brian Hennigan was selected to the Legal 500 “Hall of Fame” for Investigations and White Collar Defense.

‘Brian Hennigan is an extraordinarily good lawyer’. 

 

John Hueston was recognized as a Leading Lawyer for both Commercial Litigation and White Collar Defense.

‘John Hueston has a sterling reputation that is well earned, it’s a rare combination of confidence and humility that allows him to connect with people as he does’.

‘John Hueston has amazing experience and is masterful in a courtroom or other settings.’

 

Marshall Camp, Vicki Chou, Brittani Jackson, Moez Kaba, Rob Klieger, Alison Libeu, Mike Purpura, Christy Von der Ahe Rayburn, Joe Reiter, and Andrew Walsh were also included as key lawyers.

The Legal 500 Series, now in its 34th year, is widely acknowledged as the world’s largest legal referral guide. More than 300,000 buyers of legal services are surveyed and interviewed globally each year.

The Legal 500 is an independent guide, and firms and individuals are recommended purely on merit. It is the only guide to truly reflect the needs of corporate counsel by focusing on the strength in depth of the teams (practice and associates) rather than simply list individual partners.

Lawyers Named 2021 Southern California Rising Stars

The following Hueston Hennigan lawyers are recognized this year:

Michael Acquah
Michael Behrens
Jennifer Hayden
Brittani Jackson
Lauren Johnson
Sourabh Mishra
Christy Rayburn
Joe Reiter
Michael Todisco
Rajan Trehan

We are incredibly proud of new entrants to the list – Mr. Todisco and
Mr. Trehan – who are indicative of the great group of young lawyers who are working on cutting-edge litigation for the world’s leading companies.

To be eligible, a candidate must be either 40 years old or younger, or in practice for 10 years or less. While up to 5% of the lawyers in the state are named to Super Lawyers, no more than 2.5% are named to the Rising Stars list.

Hueston Makes List of LA’s Most Influential People in Business

The Los Angeles Business Journal noted Mr. Hueston’s complete trial victory for Amazon.com against eBay. Editors also noted his recent recognition as one of the Daily Journal’s Top Lawyers of the Decade.

The Business Journal’s sixth annual LA500 celebrates the most influential leaders and impactful executives in Los Angeles.

Read the full profile here.

Hueston Hennigan Wins $25 million IP Trial Verdict Against Samsung

As co-lead counsel Doug Dixon stated to Law360, “we are pleased that the jury found infringement on all asserted claims and recognized the significant value of Acorn’s patented technology.”

Hueston Hennigan represented Acorn Technologies, an incubator company that has been providing ground-breaking innovations for the semiconductor and telecommunications markets since 1998. Acorn patented inventions that cover methods to reduce contact resistance between metals and semiconductors. The invention, which increases device efficiency, has become more important as semiconductor devices and transistors in particular have become smaller.

The Hueston Hennigan Team included Doug Dixon, John Hueston, Christy Von der Ahe Rayburn, Joe Reiter, Dan Vinson, Neil Anderson, Justin Sorensen, and Julia Haines.

Media Coverage:
Law360
Bloomberg Law
Reuters

Hueston Hennigan Praised as a “Relentless and Creative High-Stakes Trial Litigation Firm” By Chambers

Hueston Hennigan is celebrated as “incredibly deep and talented. They are ready to go to trial, in any case.” Clients described the firm as having “incredible talent at the firm” with lawyers who are “relentless and creative.” Another client explained, “we have been impressed by their diligence, intelligence, creativity, written work product, responsiveness and trial skills. Hueston Hennigan has excellent analytic capabilities and trial skills typical of larger law firms, but also has the nimbleness of smaller firms to respond expeditiously to rapidly evolving litigation situations.” “I’ve been very impressed … we’re very comforted in having them in our corner,” says one client. “It’s a…high-stakes litigation firm and the quality of the lawyers is superb, right down to young associates,” added another source.

John Hueston’s national and California recognitions include “Star” and Band 1 rankings. “John Hueston is consistently recognized as one of the top trial attorneys in the country, with clients regularly turning to him for their most sophisticated commercial disputes in issues ranging across environmental claims, intellectual property disputes and labor and employment law.” He is described as “an exceptional trial lawyer” and “the best of his generation.” He “is a great strategist, communicator and trial lawyer.” “To watch John Hueston in action in court is inspiring. He is respectful, and always persuasive.” “He is out to win every single thing, and as a client, you love that.”

Brian Hennigan’s Band 1 rating recognizes his well-established standing amongst the top White Collar & Government Investigations lawyers. Celebrated as “talented, smart, savvy and good in front of judges and prosecutors,” he is “well versed in a variety of white collar matters.” (White Collar & Government Investigations).

Moez Kaba is lauded as “really brilliant” with “a great combination of practicality and strategic thinking.” A “powerhouse,” he is “highly regarded” for his commercial litigation skills and his ability to “see complex litigation and create a clear path forward.” (Commercial Litigation).

Rob Klieger “is fantastic,” and “an excellent litigator who provides an exceptional service.” He “has a highly respected litigation practice, which sees him handle high-stakes” and “high profile” disputes. (Commercial Litigation; Entertainment and Media Litigation)

Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world’s leading lawyers. Hueston Hennigan’s rankings are available, here.