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Practice Areas: Commercial Litigation; Antitrust; Intellectual Property; Products Liability

Additional Information: Litigation partner at Kirkland & Ellis since 1977, admitted in Illinois and New York.



Thirty-four years of experience in state and federal courts, and domestic and international arbitrations. Cases tried as lead counsel in 19 different federal and state courts in every region of the country, as well as to arbitration panels in the U.S., Mexico, and Europe.



Courtroom record includes a defense jury verdict in a federal criminal antitrust case, a defense jury verdict in one of the most closely watched smoking-and-health cases of 1999, and a $36 million judgment in an international arbitration, collected in full. Details and other representative matters set out below.



Head of Kirkland & Ellis in-house trial advocacy program since 1993. Adjunct Professor, Northwestern University School of Law, Integrated Trial Advocacy course, since 1997. Lecturer, demonstrator, and instructor at National Institute for Trial Advocacy, Chicago and Boulder, Colorado, 1989-98.



Selected by the American Bar Association and the National Institute for Trial Advocacy as defense counsel in BMI v. Minicom, the videotaped trial of a commercial case produced jointly by the two organizations. Videotape of trial role available.

Selected as a member of BTI Consulting's Law Firm "Client Service All-Star Team," comprised of attorneys nominated by corporate counsel at Fortune 1000 companies for their outstanding commitment to client service.

Education
Northwestern University School of Law (J.D., 1971)
Articles Editor, Northwestern University Law Review, 1970-71

University of Notre Dame (A.B., 1968) summa cum laude

Representative Matters

Criminal Antitrust. Jury verdict for the defense in a federal criminal antitrust case in New Orleans Federal Court. Indictment charged § 1 price-fixing conspiracy among oil-field services companies. Guilty plea entered by alleged co-conspirator.



Multiple U.S. Department of Justice price fixing grand jury investigations, including metal containers (Philadelphia and New York); oil and gas drill bits (Houston); folding paperboard cartons (Chicago); liquefied petroleum gas (Arkansas); silicon metal (New York); plywood (New Orleans); school milk (Detroit); sanded plywood (Portland, Oregon); lumber (Portland, Oregon); copper oxide (Philadelphia).



Author of “Responding to the Grand Jury Document Subpoena,” American Bar Association Section of Antitrust Law.



Civil Antitrust. Defense verdicts or summary judgments in dealer/distributor antitrust cases in New York, Chicago, Mansfield, Ohio, and Springfield, Missouri:

* Jury verdict on all issues in distributor termination case, Richland County, Ohio, Court of Common Pleas (Mansfield) including verdict for defendant-client on counterclaim for trademark infringement.

* Successful defense against preliminary injunction by terminated distributor following three-day bench trial in New York Federal Court (Southern District, Chief Judge Brieant).

* Jury verdict for the defense on all issues following trial on the merits of the above Southern District case (Judge Griesa), including $1.35 million verdict for defendant-client on counterclaim for breach of contract.

* Successful defense against preliminary injunction and judgment for the defendant on the merits following bench trial in distributor termination case in Springfield, Missouri, Federal Court.

* Summary judgment on all issues in favor of German and Japanese electronics manufacturers’ joint venture in Chicago Federal Court, affirmed by Seventh Circuit.

Summary judgment on all issues for major folding paperboard carton manufacturer in multi-district class action price fixing case in Chicago Federal Court. Only defendant to obtain summary judgment.



Represented one of defendant plywood manufacturers in Federal Trade Commission price fixing case tried and lost at an FTC ALJ. Judgment affirmed by the Commission but reversed by the Ninth Circuit with direction to dismiss complaint.



Represented defendants in MDL price fixing class actions not tried to verdict involving: bromine (Indianapolis Federal Court); oil and gas drill bits (Houston Federal Court); metal containers (Chicago Federal Court); kitchen appliances (vertical price fixing allegation; Chicago Federal Court).



Smoking and Health. 1999 jury verdict for the defense on all issues in favor of a tobacco company in smoking-and-health case tried to a jury in Kansas City Federal Court. Case was first individual smoker case won by tobacco industry in over two years. Verdict reported by the financial press as having moved the ADR’s of defendants’ foreign parent more than 6%.



Lead trial counsel for tobacco company in suit by the State of Washington to recover Medicaid and other medical costs of smoking-related disease. Nine-week jury trial in King County Circuit Court, Seattle, Washington. Cased voluntarily dismissed at close of plaintiff’s case in connection with November 1998 national tobacco settlement.



International Arbitration. $35.8 million judgment in an American Arbitration Association (International Section) arbitration tried in Mexico City, in English, under Mexican law, between two U.S. based multi-nationals. Judgment sustained in post-judgment litigation in Mexico and the U.S., and collected in full.



$13.5 million judgment in a 2002 arbitration under the auspices of the International Court of Arbitration, Belgian situs, in English, under Swiss law, between U.S. multinational and Turkish industrial family and related companies. Arbitration judgment is currently in post-judgment litigation.



Automobile Product Liability. Complete defense verdict in a quadriplegia and death case against automobile manufacturer. Case tried to a jury in Vilas County, Wisconsin, attacking the design of the restraint system in 40 million cars.



Directed verdict at close of plaintiff’s case for defendant automobile manufacturer on all issues in restraint system design case tried to a jury in Albuquerque Federal Court.



Computer Product Liability. National lead counsel for computer manufacturer in 100+ lawsuits nationwide and FTC investigation of alleged design and performance problems with three lines of computer products. Typically fraud, breach of contract, breach of warranty and consumer protection act claims.



Lead trial counsel in nine cases tried to conclusion or won on summary judgment: Los Angeles Superior Court (jury verdict for defense on all issues, including verdict on counterclaim for unpaid balance due); St. Louis Federal Court (jury trial; directed verdict affirmed by 8th Circuit); Jefferson County, Alabama, Circuit Court (case settled during trial); Decatur, Alabama, Federal Court (case lost); Twin Falls County, Idaho, Circuit Court (directed verdict for defendant on fraud claim; jury verdict for plaintiff on breach of contract, but defendant-manufacturer awarded costs as the prevailing party under the Offer of Judgment Rule); Kansas City Federal Court (case lost); Chicago Federal Court (case won on summary judgment); Casper, Wyoming Federal Court (case lost); Des Moines, Iowa Federal Court (case won on summary judgment).



Intellectual Property. Fall 2004 jury trial in patent infringement trial in Delaware Federal Court on behalf of aerospace manufacturer. Patent found infringed and not invalid by client’s largest competitor; damages of $5.3 million awarded. Case lost against second manufacturer.



Fall 2003 bench trial in Delaware Federal Court representing defendant in patent invalidity, patent misuse, and antitrust case (following summary judgment against client on client’s infringement claim). Judgment for defense on all issues. Case on appeal to the Federal Circuit.



Represented computer manufacturer as defendant in patent infringement case involving optical character recognition, in Chicago Federal Court. Summary judgment for defendant-client reversed by CAFC; case settled.



Represented aerospace manufacturer as plaintiff in patent infringement case in Miami Federal Court. Case settled.



Obtained TRO on behalf of client computer manufacturer against former employee in possession of trade secrets, Chicago Federal Court. Permanent injunction stipulated as part of case settlement.



Mass Tort/Product Liability. National lead counsel for 30+ keyboard repetitive stress injury cases on behalf of computer manufacturer. Lead trial counsel in 13 consolidated cases consolidated for jury trial in Chicago Federal Court. Jury verdict for the defense in all cases, all issues. Following Chicago verdict, all other cases nationwide dismissed or abandoned without payment by client.



Obtained denial of class certification in case against personal care products manufacturer in New York Federal Court (Eastern District). Individual cases pending.


Other Commercial. Represented personal care products company as defendant in suit by its largest raw materials supplier. Summary judgment for defendant affirmed by the Eighth Circuit.

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Firm Members: Michelle Browdy Suzanne Alexander Tiffany Cunningham Shira Kapplin