Hueston Hennigan Selected for Hawaii Governor’s Climate Advisory Team

Under the leadership of Governor Green, the committee will play a crucial role in drafting comprehensive climate-resilience policy, drawing from diverse perspectives including Governor Green’s administration, climate science experts, business and financial experts, and legal professionals.

As one of its first projects, the committee will recommend steps to create a durable fund to mitigate the impacts of dynamic climate change and to develop a fair and comprehensive structure to resolve claims related to future disasters. This is necessary to stabilize the insurance market and defray the financial burdens arising from the increased impacts of climate change.

The Hueston Hennigan team includes Michael Purpura, Rajan Trehan, Stephanie Xiao, Emerson Bursis and Erik Savitt.

Hueston Hennigan represents many companies and other interested parties in wildfire litigation across the Western U.S. This includes representing the State of Hawaii and advising the Governor and Attorney General concerning the state’s responsibilities in the wake of the 2023 Maui fire, one of the largest natural disasters in the state’s history.

For additional information on the committee, please see the Governor’s press release and slide deck.

 

 

Chambers USA Joins Benchmark in Recognition of Hueston Hennigan as a 2024 Commercial Litigation Law Firm of the Year

According to Chambers USA, “These award nominations and the ultimate winners are the product of countless interviews and extensive research by our dedicated team of over 200 research analysts. To be ranked, and then to be shortlisted, for an award indicates that the firm and its members are at the top of the profession.”

Winners will be notified at a virtual ceremony on Thursday, June 13. Register here.

Hueston Hennigan Wins U.S. Commercial Firm of the Year with “High-Impact Heavy Trial Wins”

At the awards ceremony in New York City, Benchmark Litigation Managing Editor, Michael Rafalowich commended Hueston Hennigan for a multi-year record of “high-impact heavy trial wins … to amplify its already national presence.”

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.”

Chou Becomes Fellow of the American College of Trial Lawyers

Ms. Chou’s induction makes her the third ACTL Fellow at Hueston Hennigan LLP.

“I’m honored to be included amongst such an elite group of trial lawyers and look forward to supporting the College’s mission,” said Vicki Chou.

Founded in 1950, the College is composed of the best of the trial bar from the United States, Canada, and Puerto Rico. According to the College, fellowship “is extended by invitation only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.”

Described by Benchmark Litigation as one of the “brightest litigators across the U.S.” and Chambers as “incredibly smart” and “tenacious, engaging and hard charging,” Ms. Chou is an accomplished trial lawyer and a key member of both the Trial Practice and the White Collar and Investigations teams. She is also a former Assistant United States Attorney in the Central District of California where she was a Deputy Chief, representing the United States in hundreds of criminal cases.

Kelly Toys, Maker of Squishmallows Files IP Suit Against Build-a-Bear Workshop

As explained in the complaint: “Squishmallows have become a phenomenon, rapidly experiencing breakaway success and quickly turning into a coveted collectors’ item with an avid fanbase. Indeed, in 2023 Squishmallows was the top-selling toy in the country. Rather than competing fairly in the marketplace by creating its own unique concepts and product lines, Defendant Build-A-Bear, a company worth over 300 million dollars, decided that it would be easier to simply copy, imitate, and profit off the popularity and goodwill of Squishmallows, all in the hopes of confusing consumers into buying its products instead of Squishmallows.”

Lead Counsel Moez Kaba as quoted in Reuters:
“When it comes to intellectual property rights, imitation is not the sincerest form of flattery. Build-a-Bear cannot freeride on Kelly Toys’ extensive investments and creativity in the wildly successful Squishmallows products.”

Partner Sourabh Mishra as quoted in the Daily Journal:
“Squishmallows have skyrocketed to fame, appealing to consumers of all ages and backgrounds. Rather than create its own unique product, Build-A-Bear released copycat products that infringe the trade dress that consumers throughout the country associate with Squishmallows.”

Media Coverage
The New York Times
Associate Press
Reuters
BBC
Law360
The Recorder
Daily Journal
New York Post
The Guardian
The Telegraph
BusinessMatters

Court SLAPPs Down Byron Allen’s Suit Claiming Fraud and Racism by McDonald’s

Allen sued McDonald’s in California state court in 2023, after McDonald’s announced its goal to increase spending with diverse-owned media companies, production houses, and content creators. Allen’s suit claimed that McDonald’s goal was an enforceable promise and that McDonald’s had engaged in fraud by failing to spend at least $50 million per year with his companies. The Court granted McDonald’s special anti-SLAPP motion to strike, dismissing Allen’s lawsuit in full after determining that McDonald’s conduct was protected and Allen failed to make a prima facie showing that he could prevail. McDonald’s is entitled to attorneys’ fees and costs for defending against Allen’s lawsuit.

“This win represents full vindication for McDonald’s. By rejecting Allen’s effort to convert McDonald’s good faith DEI initiative into a personal money grab, and finding that his claim against McDonald’s lacked even “minimal merit,” the Court has brought a quick end to Allen’s baseless claims of racism,” said John Hueston, co-lead counsel for McDonald’s.

Moez Kaba, co-lead counsel added, “ESN has been on a campaign to sue McDonald’s to obtain, through the courts, what it cannot achieve in the market. The Court’s ruling is a powerful message: while it may be easy to file meritless but sensationalized lawsuits, there are hefty consequences for doing so.”

The dismissal is a major blow against Allen’s efforts to smear McDonald’s through baseless lawsuits. Hueston Hennigan also represents McDonald’s in a case brought by Allen under the federal civil rights laws, alleging that McDonald’s refused to advertise with his companies because of Allen’s race. Hueston Hennigan looks forward to proving these allegations to be similarly false.

The Hueston Hennigan team included John Hueston, Moez Kaba, Michael Todisco, Karen Ding, Justin Greer, and Arianna Demas.

Media Coverage:
Law360
Daily Journal

Jackson Named Among Leaders of Influence

“Brittani Jackson is a recognized rising star,” noted editors.

Ms. Jackson represents clients in a broad range of complex business litigation and investigations conducted by the SEC and various Attorneys General. In January 2024, she became one of Hueston Hennigan’s newest partners. She joined the firm in March of 2018, and since then has become an integral member of the team taking lead roles in several high-profile matters, including obtaining a favorable settlement, after a week of trial, for Synchrony Financial (formerly GE Capital) in a lawsuit involving breach of contract, fraudulent misrepresentation, and alter ego claims, successfully representing Endo Pharmaceuticals in litigation related to opioid abuse in the U.S. District Court in San Francisco, and representing Bill McGlashan, founder of TPG Growth LLC and The Rise Fund, in the “Varsity Blues” college admissions case.

 

The Los Angeles Business Journal recognized influential professionals with minority backgrounds. The attorneys on this list are considered to be particularly impactful on the legal scene while serving as trusted advisors in the LA region.

Click here to view full profile.

Hueston Hennigan Shortlisted for 2024 US Awards by Benchmark Litigation

National Trial Firm of the Year
National Boutique Firm of the Year
National General Commercial Firm of the Year
California Firm of the Year
John Hueston, Trial Lawyer of the Year
John Hueston, General Commercial Litigator of the Year

After months of peer review-based research and hundreds of submissions to review, the Benchmark team recognizes the country’s most distinguished litigators and their firms for their exemplary work over the past 12 months.

The awards ceremony will take place on March 13 at Guastavino’s in San Francisco.

 

Hueston Hennigan Promotes Four to Counsel

“These rising stars have demonstrated their skill and singular commitment to achieving the best results for our clients. They have shined in trial and we look forward to their continued contributions,” said Managing Partner Moez Kaba.

Craig Fligor, Counsel
Craig represents companies and individuals in every aspect of litigation, from prefiling investigations to posttrial appeals. He has substantial courtroom experience, including examining key witnesses at trial, winning on appeal, and arguing countless motions in federal and state courts. Recently, he completed a seven-week jury trial on behalf of a Western utility, favorably settled a lawsuit on the eve of trial for Palantir Technologies relating to a potential $300 million stock sale, and secured dismissal for the Houston Astros of a lawsuit relating to cheating allegations. He is also counsel in several upcoming trials, including for Southern California Edison and a Western utility.

Mr. Fligor clerked for the Hon. Diane S. Sykes on the U.S. Court of Appeals for the Seventh Circuit. He earned his J.D. with high honors from the University of Chicago Law School, where he was elected to the Order of the Coif and served on The University of Chicago Law Review.

Brandon Marsh, Counsel
Brandon has represented both plaintiffs and defendants in all phases of litigation in federal and state courts, at both the trial court and appellate levels. He recently won the largest-ever U.S. trademark award representing Monster Energy Company against rival beverage company Vital Pharmaceuticals, Inc.; obtained a favorable settlement, after a week of trial, for Synchrony Financial (formerly GE Capital) in a lawsuit involving breach of contract, fraudulent misrepresentation, and alter ego claims; and obtained a favorable settlement, after two weeks of trial, for the country’s largest integrated health care system in a lawsuit brought by a group of California hospitals seeking hundreds of millions of dollars for emergency medical services provided to the client’s members.

Mr. Marsh completed a clerkship with the Hon. Jerome Farris on the U.S. Court of Appeals for the Ninth Circuit. He earned his J.D. from Stanford University, with distinction, and served on the Stanford Law Review.

Emily Michael, Counsel
Emily represents clients in complex commercial litigation, high-stakes government investigations, and white collar criminal cases. She represents Southern California Edison and Edison International in ongoing litigation arising out of recent wildfires in Los Angeles and Orange County. She successfully represented Endo Pharmaceuticals in litigation related to opioid abuse in the U.S. District Court in San Francisco; successfully settled a suit brought by Don Lee Farms against Beyond Meat alleging breach of contract, fraud, and negligent misrepresentation arising out of Beyond Meat’s termination of an exclusive supply agreement and defended against Beyond Meat’s related cross-claims; and successfully settled a suit brought by Palantir Technologies against a former early investor alleging breach of contract, misappropriation of trade secrets, and other wrongful conduct after defeating a motion for summary judgment.

Ms. Michael completed a clerkship with the Hon. Edward J. Davila on the U.S. District Court for the Northern District of California. She earned her J.D. from UCLA School of Law, Order of the Coif.

Dan Sheehan, Counsel
Dan has experience in various stages of litigation and investigations, including trial, dispositive motion practice, and depositions. He recently obtained a favorable settlement, after two weeks of trial, for the country’s largest integrated health care system in a lawsuit brought by a group of California hospitals seeking hundreds of millions of dollars for emergency medical services provided to the client’s members, and he secured a complete defense verdict of no infringement and invalidity representing ClearOne Inc. as trial counsel in the District of Delaware in a case involving design patent for beamforming microphone arrays against Shure Incorporated.

Prior to joining Hueston Hennigan, Mr. Sheehan was a consultant with Sperling Economic Strategies, where he focused on research for Gene Sperling, former director of the National Economic Council under then-Presidents Bill Clinton and Barack Obama.

After law school, Mr. Sheehan completed a clerkship with the Hon. Sidney R. Thomas on the U.S. Court of Appeals for the Ninth Circuit. He earned his J.D. from Yale Law School and served on the Yale Journal of Law & Technology.