Quinn emanuel trial lawyers

Swedlow, Stephen A.

Stephen A. Swedlow

Partner

  Biography

Stephen Swedlow is Co-Managing Partner of the Chicago office and is a trial expert who has focused his entire career on complex civil cases, having tried over 20 cases to verdict both as lead counsel for plaintiffs and defendants.  With respect to patent litigation, he has tried to verdict successful claims on behalf of both plaintiffs and defendants, developing innovative damages theories in the context of comparable licensing affirmed by the Federal Circuit.  With respect to class actions, he has represented defendants (and plaintiffs) in over 100 complex class actions and is one of the few attorneys in the country who has served as lead counsel in two successful class action trials actually tried to verdict. After completing his clerkship for Judge Farris of the Ninth Circuit Court of Appeals in 1996, his practice has included first chair jury trials in many complex subject matters, including intellectual property, antitrust, environmental, class action, wage/hour/employment, and products liability.  Mr. Swedlow was a Trial Lawyer of the Year finalist in 2003 for obtaining the largest civil verdict in Illinois history and has been an Illinois “Super Lawyer” from 2006-2016.  He has served as lead counsel in multi-party jury trials and arbitrations, led large, multi-party litigation efforts, and argued (and won) important appeals, including several before state Supreme Courts and federal appellate courts. 

In a career spanning over 20 years, Mr. Swedlow has successfully represented a variety of clients including: public corporations, health insurance companies, pharmaceutical companies, private technology start-ups, private shareholders, institutional investors, health insurance companies, and plaintiff classes – including Uber Technologies, Koch Industries, Lucent, Nokia, Colgate-Palmolive, AT&T, Invista, Union Carbide and comScore.  On the Plaintiffs’ side, Mr. Swedlow has obtained billions in recovery for individual plaintiffs and plaintiffs’ classes.   On the defense side, Mr. Swedlow has tried to verdict cases ranging from patent litigation, products liability, class actions, patent infringement to environmental liability.  He has defeated at trial claims brought by state and federal governmental agencies and served as lead counsel on antitrust claims that arise over the assertion in federal court and the ITC of patents essential to technology standards.  He has been called upon by many of his clients in times of crisis to defend against claims for preliminary injunctions seeking to shut down their businesses.  Mr. Swedlow has defeated such claims all across the country for Uber as well as for other clients including Flint Hills Resources. 

Mr. Swedlow has over 20 years of experience litigating health care-related and pharmaceutical disputes.  Currently, he serves as lead counsel in certified class action on behalf of health insurance companies against the US Government seeking Risk Corridors payments due under the Affordable Care Act.

Before joining Quinn Emanuel, he founded his own law firm of Swedlow & Associates where he was one of the few lawyers ever to serve as lead trial counsel on two separate class action trials taken to verdict.  He is an invited lecturer Northwestern University Law School on statutory torts, complex civil litigation and class actions.  Mr. Swedlow has also been retained by foreign governments to provide guidance and expertise with respect to cost recovery actions.

  Notable Representations

  • Trial counsel in $100 million patent case on behalf of defendants Alcatel Lucent, AT&T, Verizon, and Sprint resulting in a complete victory before a jury in an E.D. Texas patent infringement lawsuit where the jury found all of the asserted claims not infringed and invalid for anticipation, obviousness, and lack of written description.
  • Lead counsel in certified class action on behalf of health insurance companies against the US Government seeking Risk Corridors payments due under the Affordable Care Act.
  • Patent and antitrust counsel for Qualcomm in litigation against Apple, consumer antitrust plaintiffs and Federal Trade Commission.
  • Lead counsel for Uber Technologies in cases involving the Lanham Act, class actions and RICO claims filed across the United States in five different state and federal jurisdictions.
  • Lead counsel for Koch Carbon entities in class actions in Chicago related allegations of trespass, nuisance, and strict liability based upon the KCBX petcoke and coal storage and transloading facilities’ alleged fugitive dust emissions.
  • Co-lead counsel for Motorola and Google in multi-patent cases against Apple involving smartphone patents  and wireless communication standards-essential patents.
  • Trial counsel in antitrust action involving allegations of improper anti-competitive influence over the standard-setting processes for telecommunication technology standards and the allegedly unlawfully acquisition of monopoly power in several markets.
  • Trial counsel in Price v. Philip Morris for an 8-week trial resulting a $10.1 billion judgment entered against Philip Morris—the largest verdict in the history of the Illinois court system.
  • Argued the appeal of Price v. Philip Morris, 848 N.E.2d 1, 33 (Ill. 2005) before the Illinois Supreme Court.
  • Argued before the State Supreme Court in Barbara's Sales Inc., v. Intel Corp., 879 N.E.2d 910 (Ill. 2007).
  • Counsel for Alcatel-Lucent in patent claims brought by Adaptix (Acacia subsidiary) involving methods and systems for allocating and assigning channels and groups/clusters of channels within OFDMA 4G LTE cellular networks.
  • Counsel for comScore (internet analytics company) in patent infringement claims, securities claims and putative class actions involving statutory and common law claims impacting scope of consent and personal information rights in the context of internet transactions.
  • Lead negotiating counsel for plaintiffs in pharmaceutical drugs-related settlements of $63.8 million and $100 million on behalf of nationwide classes consisting of individuals and corporations.
  • Lead counsel for Plaintiff class in a wage and hour class action on behalf of all hourly employees of Sport Chalet resulting in certified class settlement for over 3000 current and former employees.
  • Provided invited testimony before Illinois Senate Executive Committee regarding proposed bond cap legislation and was successful in defeating this legislative initiative in Illinois.
  • Counsel for the Canadian Government Competition Bureau with respect to an ultimately successful enforcement action and settlement with private industry participants.
  • Counsel for the Nigerian Federal and State Governments for health care cost recovery actions.

  Education

  • The Ohio State University College of Law
    (J.D., summa cum laude, 1995)
    • Ohio State University Law Review:
      • Associate Editor
  • Miami University (Ohio) 
    (B.A., 1992)

  Admissions

The State Bar of Illinois

  Prior Associations

  • Korein Tillery:
    • Partner, 2008-2011
    • Attorney, 2001-2004

  • Swedlow & Associates:
    • Partner, 2004-2008

  • Latham & Watkins:
    • Litigation Attorney, 1996-2001

  • Law Clerk to the Hon. Jerome Farris:
    • United States Court of Appeals for the Ninth Circuit, 1995-1996

  Awards

  • Trial Lawyer of the Year Finalist by the Trial Lawyers for Public Justice, 2003.
  • Named a “Super Lawyer” from 2006-2017, and featured as such in Illinois Super Lawyers and Chicago Magazine.
  • “AV” rating from Martindale-Hubbell.
  • Selected as a 2013 Top Rated Lawyer in Intellectual Property by The American Lawyer and Martindale-Hubbell.
  • Selected as one of Chicago's Top Rated Lawyers by ALM (2013)

Professional Activities

  • Northwestern University Law School:
    • Invited Lecturer on statutory torts, complex civil litigation, and class actions
  • Member, Trial Bar for the Northern District of Illinois