Author: Kristy Werness

Benchmark Litigation Acclaims Hueston Hennigan as U.S. Boutique Law Firm of the Year and Awards Additional Top Rankings

Our Firm, Benchmark writes, is on “an ascent that can only be described as astonishing,” “is massively successful,” and can boast “a client base [that] is remarkably diverse … with very little repeat business and virtually no ‘routine’ cases.”  

Benchmark goes on to describe Hueston Hennigan as “having logged substantial triumphs over the years,” adding that the “record continues this year.”

“Hueston Hennigan,” Benchmark concludes, “doesn’t do the ‘cookie-cutter,” instead, “‘They do really cool, cutting-edge work,’ in the words of an admiring peer, who told Benchmark that, “I admit it makes me jealous, and I’m sure I’m not alone!”

Benchmark went on to honor partners, John Hueston and Moez Kaba as two of the Top 100 Trial Lawyers in the Country and as well as two of the Top 20 Trial Lawyers in California.

John Hueston was acclaimed as “a trial trailblazer who has carved himself an enviable position even among others in the elite trial lawyer circuit,” while noting that, “Hueston’s proven activity as lead counsel on a number of high-level appointments more than supports this near-unanimous acclaim.”

Moez Kaba, lauded as “accomplished,” “impressive” and “the youngest appointee to this prestigious list by some distance,” was praised for having “staked himself a position as another of the firm’s lead trial counsel on some of the firm’s most high-stakes disputes.” 

Benchmark went on to single out Douglas Dixon, commending him for his work “generating a rising level of acclaim,” as well as future stars Christy Rayburn and Joseph Reiter.

Individual Hueston Hennigan lawyers who received accolades from Benchmark include:

Marshall A. Camp, Litigation Star
Vicki Chou, Future Star
Douglas J. Dixon, Litigation Star
Padraic Foran, 40 & Under Hot List
Brian Hennigan, Litigation Star
John C. Hueston, Top 100 Trial Lawyers in the Country, Top 20 Trial Lawyers in California, Litigation Star
Moez M. Kaba, Top 100 Trial Lawyers in the Country, Top 20 Trial Lawyers in California, Litigation Star
Robert N. Klieger, Litigation Star
Allison Libeu, Litigation Star, Top 250 Women in Litigation
Christy Rayburn, Future Star
Joseph Reiter, Future Star, 40 & Under Hot List
Andrew Walsh, Future Star

 

Benchmark Litigation is the definitive guide to America’s leading litigation law firms and lawyers. Research is conducted through extensive interviews with litigators, dispute resolution specialists and their clients to identify the leading litigators and firms. During these interviews, we examine recent casework handled by law firms and ask individual litigators to provide their professional opinions on peers and practitioners within their jurisdiction or practice area.

Judge Awards Monster an Additional $43 million and Upholds Jury Verdict, Bringing Historic Total to $336M

“The judge’s additional award of $43 million, to include attorneys’ fees and all expenses, represents a complete victory for Monster.  Coming after securing the largest trademark infringement award in U.S. history, this brings the total recovered for Monster across two recent trials to over half a billion dollars,” said Allison Libeu.

In September 2022 after a five-week trial, a nine-person jury found that Vital Pharmaceuticals, Inc. (VPX) and its CEO, Jack Owoc, falsely advertised the “Super Creatine” ingredient of Bang energy drink, handing Monster a record-breaking verdict. At trial, Monster presented scientific and other evidence that Bang did not contain creatine and that creatine is not even water-soluble and cannot be put into a drink.  The jury also found that VPX stole Monster’s trade secrets and interfered with Monster’s contracts for shelf space with major retailers.

Following trial, VPX requested a new trial or judgment notwithstanding the verdict. VPX also asked, in the alternative, that the Court reduce what VPX called the jury’s “grossly excessive” damages award. The judge denied VPX’s motions in their entirety, explicitly holding that “the evidence supports the jury’s damages award.”  The judge found that “Monster presented evidence that Defendants’ false advertising harmed Monster’s sales across its product portfolio”; that “Vital engaged in a ‘widespread effort’ to interfere with Monster’s contracted shelf placements”; and that “Monster proved at trial that…Vital misappropriated [Monster’s] trade secret.”

After upholding the jury’s damages award, the Court addressed Monster’s request for equitable relief.  The Court upheld its earlier finding that Monster is entitled to a permanent injunction prohibiting VPX and Mr. Owoc “from falsely or deceptively claiming that Super Creatine is creatine, that Bang contains creatine, and that Bang or Super Creatine provide the physical, mental, health, or other benefits of creatine.”

The Court further held that the case was “exceptional” under the Lanham Act. The judge found that jury’s unanimous finding that VPX’s and Mr. Owoc’s false advertising was “willful and deliberate” reflected the substantive strength of Monster’s position.  The judge also found that VPX and Mr. Owoc litigated the case in an unreasonable manner.  “During trial, Mr. Owoc refused to cooperate at times and displayed a disrespect for the judicial process.  He repeatedly tried to reference documents that the Court had excluded.  He refused to answer straightforward questions during cross-examination, despite admonitions from the Court.  He berated Monster’s counsel and the Court had to instruct the jury to disregard any disparaging remarks this witness has made against opposing counsel.”  In addition, “Mr. Owoc contradicted his prior sworn testimony numerous times and Monster’s counsel impeached him over 50 times.”

Given the exceptional nature of the case, the judge awarded Monster an additional $20,972,953.90 in attorneys’ fees, $6,709,552.18 in costs, $101,028.60 in expert witness expenses, and $15,256,554.65 in prejudgment interest.  Combined with the jury’s verdict, Monster’s award totals $336 million, likely the largest in Lanham Act history.

The Hueston Hennigan team included John Hueston, Moez Kaba, Allison Libeu, Lauren McGrory Johnson, Sourabh Mishra, Michael Todisco, Julia Haines, Justin Greer and Amber Munoz.

Read Reuters article.
Read Law360 article.

Reiter Named to List of Top 40 Under 40

Joseph Reiter clerked for the Hon. Andrew J. Kleinfeld of the U.S. Court of Appeals for the 9th Circuit who keeps chambers in Fairbanks, Alaska. Mr. Reiter, who loves the outdoors, explained, “we’d be working in the dead of winter when there’s not much daylight, then fly down to Pasadena for oral argument sessions in sunny California. I was exposed to a lot of different approaches to legal decision-making. It really benefitted my writing as a lawyer.”

Mr. Reiter is prepping for a major antitrust jury trial in November against Google LLC in a “bet-the-company” suit for Match Group LLC. Last year, he scored a major win by obtaining injunctive relief for Match. “It’ll be a high-profile jury trial, and our arguments will benefit all app developers and consumers,” explained Mr. Reiter to the Daily Journal.

Mr. Reiter recently won a favorable mid-trial settlement for a hospital chain for claims for hundreds of millions of dollars in alleged underpayments. “We go into every trial with the goal of winning ever day, and we effectively rebutted every element of their case,” explained Mr. Reiter.

Earlier this year, Mr. Reiter prevailed on appeal for Amazon.com in a suit under California’s “taxpayer waste” law. He persuaded a Los Angeles County trial court to dismiss the case on the grounds that the state tax agency has discretion to decide who a retailer is. A state appellate panel agreed.

Sean ‘Diddy’ Combs Wins Round in Diversity Bout With Diageo

Judge Joel M. Cohen of the Supreme Court of New York for the County of New York denied Thursday Diageo’s motion to dismiss the lawsuit and its motion to force the case into arbitration.

Combs will now be able to engage in “broad discovery” aimed at uncovering evidence that the company didn’t support Combs’ liquor brands—Ciroc Vodka and DeLeón Tequila—in the same manner that it support its other brands, according to John Hueston, Combs’ attorney.

“This case has always been about getting fair and equal treatment,” Hueston said in a statement. “Today’s decision is an important step in the right direction. Diageo tried to end this action. Today the judge soundly rejected that effort.”

Click here to read full Bloomberg Law article.

Case Against Masimo Founder and CEO Joe Kiani Dismissed

“Plaintiffs’ dismissal represents an important victory for Mr. Kiani,” said John Hueston. “This was a baseless attack on Mr. Kiani’s compensation agreement that was adopted eight years ago, on a clear day, and which was publicly disclosed and relied upon for years. We are glad that the Plaintiffs finally understood this.”

In October 2022, after acquiring an 8.4% ownership stake in Masimo, activist investor group Politan Capital Management initiated this litigation in the Delaware Court of Chancery. Initially, the focus of Politan’s lawsuit was on Masimo’s advance-notice bylaws, which Politan claimed were invalid and unenforceable due to their purportedly adverse effects on stockholder franchise. But soon after Masimo repealed those bylaws, mooting Politan’s claims, Politan dramatically shifted the focus of its lawsuit to focus on Mr. Kiani’s employment agreement with Masimo.

In March 2023, Politan filed an amended complaint, in which another Masimo investor, the California State Teachers Retirement Systems (CalSTRS), joined as Plaintiff, seeking to invalidate core provisions in Mr. Kiani’s employment agreement. Specifically, Plaintiffs claimed that certain compensation terms of that agreement—including those that entitle Mr. Kiani to receive, upon the occurrence of certain conditions, a one-time grant of 2.7 million restricted stock units in Masimo (equal to approximately 5% of Masimo’s market cap) and a $35 million cash payment—are invalid under Delaware law. Hueston Hennigan appeared in the litigation to represent Mr. Kiani against Plaintiffs’ challenge.

On August 18, 2023, Mr. Kiani, along with the other Defendants, filed a motion to dismiss all of Plaintiffs’ claims. Shortly thereafter, on September 6, 2023, Plaintiffs filed a motion to dismiss their lawsuit in its entirety, and the Court granted the motion the following day.

Masimo is a global medical technology company that develops, manufactures, and markets a variety of life-saving noninvasive patient monitoring technologies, hospital automation solutions, home monitoring devices, ventilation solutions, and consumer products. Masimo is best known today for its proprietary pulse oximetry technology, which is currently used to monitor over 200 million patients per year, and it is the primary pulse oximetry technology used in many of the top hospitals in the United States.

Since founding Masimo 34 years ago, Mr. Kiani has developed a proven track record as a leader and innovator whose contributions have been critical to Masimo’s success. Mr. Kiani is the co-inventor of measure through motion pulse oximetry, and his ideas and inventions have been integral to nearly every major product and service that Masimo offers. His accomplishments have been widely recognized by stockholders and others, as Masimo has substantially outperformed the market since its initial public offering in 2007.

The Hueston Hennigan team included John Hueston, Marshall Camp, Yegor Fursevich, Rajan Trehan, Lauren Johnson, Adam Minchew, Karen Ding, and Stephen Andrews.

Hueston and Kaba Repeat on List of Top 100 Lawyers

“It’s been busy,” said John Hueston, understating matters to the Daily Journal. He won a combined half-billion dollars in 2022 for Monster Energy in a jury trial and arbitration against Vital Pharmaceuticals (VPX). While VPX has attempted the bankruptcy route, the CEO is still liable. “And that gave us the opening for Monster to buy Bang for hundreds of millions of dollars less than it would have been worth.”

Mr. Hueston has new challenges ahead for McDonald’s, Medtronic, and Brittney Spears’ former manager Lou Taylor, where he has replaced existing trial counsel.

“We specialize in trial work,” Mr. Hueston explained. “We are often asked to come in when serious cases look like they’re going to trial, not settle.” He went on to explain, “they’re known as ‘higher yield to trial’ matters.”

McDonald’s hired Hueston Hennigan in a bet-the-company race discrimination case brought by billionaire media mogul and entertainer Byron Allen. The suit seeks $10 billion in damages. Medtronic, facing hundreds of millions in damages, hired Hueston Hennigan to defend it in a patent infringement suit over heart valve technology. And last, Mr. Hueston replaced another law firm in upcoming conservatorship litigation, where we represent Britney Spears’ former manager and Tri Sports and Entertainment group.

Moez Kaba is co-founder of Hueston Hennigan and “a courtroom star.” After winning a number of high-profile matters, including $293 million for Monster Energy, he was voted in as Managing Partner. With a busy trial schedule ahead, Mr. Kaba explains “the prize for winning a pie-eating contest is you get more pie.”

Mr. Kaba’s success with his commercial clients parallels his success with his pro bono work. As an out gay man, he helps with LGBTQ+ advocacy. As Muslim, he fought off a threatened ban on an anti-Islamophobia program in San Diego Schools. And when authorities shut down a hotline for persons in immigration detention, he sued ICE and got the hotline restored.

“My great professional joy is to take complex cases all the way to trial,” said Mr. Kaba. “My great personal joy is to represent causes near to my heart.”

Not every case goes to trial, however. Recently, Mr. Kaba secured a settlement, after replacing a major law firm, in a $50 million claim of fraudulent inducement and breach of contract case. Mr. Kaba “later learned from the jury that his opening and cross provided a compelling defense.” He also obtained a similar mid-trial outcome for the country’s largest integrated health care system as it faced demands for hundreds of millions of dollars in alleged underpayments. After replacing existing counsel, and delivery a compelling opening statement, and cross-examining several witnesses, the case settled.

“My aim is to tell our story through their witnesses and try to keep impeachment very tight,” Mr. Kaba said. “It only works because of our amazing colleagues and staff. I’m the conductor, but they drive the train.”

The list recognizes the very best California attorneys who have made an impact on the law and society within the last year. Mr. Hueston has been named to the prestigious list for over a decade, and Mr. Kaba has been on the list for seven consecutive years.

Click here to read Mr. Hueston’s full profile.

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

Hueston Hennigan Lawyers Recognized for Professional Excellence

Mr. Hueston was also selected as a “Lawyer of the Year” for his work in bet-the-company litigation. This designation is only awarded to a single lawyer in a specific practice area and location.

The following lawyers are recognized:

Marshall A. Camp
Vicki Chou
Douglas J. Dixon
Padraic Foran
Brian J. Hennigan
John C. Hueston
Moez M. Kaba
Robert N. Klieger
Allison Libeu
Harry A. Mittleman
Alison L. Plessman
Michael M. Purpura
Christy Rayburn
Andrew Walsh
Tom Zaccaro

Recognition by Best Lawyers is based entirely on peer review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.

Libeu Among the Top 250 Women in Litigation

Editorial analysis noted how Ms. Libeu has “swiftly etched herself a position as being an invaluable member of the team.” “She’s just a killer trial lawyer,” sums up one peer. “She tried the Monster Energy case, in which she landed a verdict of almost $300 million.”

The extensive research process used in the creation of Benchmark’s Top 250 Women in Litigation involves months of investigation into individual litigators’ professional activities as well as client feedback surveys and one-on-one interviews, and has culminated in the selection of the most distinguished women in the world of litigation. These women have earned their place amongst the leading women litigators by participating in some of the most impactful litigation matters in recent history as well as by earning the hard-won respect of their peers and clients. Though they hail from widely different practice areas, they all share the distinction of being recognized as top players in their respective fields.