Richard I. Werder, Jr.

 

New York Office
Tel: 212-849-7000
Fax: 212-849-7100
rickwerder@quinnemanuel.com
Practice Areas
Appellate Practice
Bankruptcy and Restructuring
Class Action Litigation
Intellectual Property Litigation
Securities Litigation

Education

 

University of Michigan (J.D., magna cum laude, 1982)

     Henry M. Bates and Class of 1908 Scholarships: Recipient
     University of Michigan Law Review:
          Editor-in-Chief, 1982
     Order of the Coif

 

Canisius College (B.A., magna cum laude, 1979)





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Biography

 

Rick Werder has extensive experience in all kinds of complex litigation, including cases involving the intersection of intellectual property and antitrust law, bankruptcy, and related recovery actions based on financial fraud and malfeasance, shareholder class and derivative litigation, corporate control contests, consumer class actions, product liability, and virtually every type of business and commercial dispute.  He has served as lead trial counsel in a number of significant bench and jury trials, including a first-of-a-kind action for specific performance of a $2 billion bankruptcy exit financing facility, a class action in Illinois in which plaintiffs sought more than $50 million, a consumer protection and product liability action in California in which plaintiffs sought more than $800 million, and a breach of contract action in which he obtained a $47 million judgment on a jury verdict for his client. He has represented officers and directors of several Fortune 500 companies and litigated cases in jurisdictions across the country, playing national coordinating counsel roles in a number of multidistrict product liability, mass tort, securities, and consumer fraud matters involving class actions and individual claims.  He has been profiled in the Chambers USA directory of America's Leading Business Lawyers.




Representative Clients

 

Bridgestone/Firestone
Cablevision
Johnson & Johnson's DePuy AcroMed business unit
Federated Department Stores
General Electric
General Motors
IBM
International Paper
Lincoln Electric
The Refco Litigation Trusts
Napster
Pfizer
Procter & Gamble
Sprint Nextel
Symbol Technologies
Textron
USG




Notable Representations

 

Represented Solutia Inc. in an action for specific performance of a $2 billion bankruptcy exit financing facility, which the banks had refused to fund based on a market MAC provision; case settled favorably before closing arguments.

 

Represented Depuy AcroMed Corporation, coordinating the defense of thousands of product liability cases, including more than 20 putative class actions, and bringing matters to a successful negotiated resolution after multiple successes in motion practice and at trials in multiple jurisdictions.

 

Represented AT&T Broadband, Inc., serving as national counsel for a series of more than twenty state-court class actions alleging that late fees for cable service constitute an unenforceable penalty and violated consumer fraud statutes.  Matters were brought to a successful conclusion after a defense verdict was obtained in a certified state-wide class action in Illinois in which more than $500 million in damages was sought.

 

Represented Dow Corning and certain of its directors and officers in securities fraud class actions arising from alleged nondisclosure of risks and potential financial repercussions relating to breast implant products liability litigation.

 

Represented General Electric in a putative national class action involving halogen light bulbs.  No class was certified and we dismissal was obtained of all counsel of the complaint.

 

Represented Gillette in shareholder class actions charging misleading statements in connection with a proxy contest.  The actions were filed following a sudden price movement after an adverse court decision in the proxy contest.

 

Represented International Paper in a case about a contract to develop a cogeneration facility at an IP paper mill.  Received a $47 million jury verdict in favor of IP in federal court in Chicago.

 

Represented Lincoln Electric against products liability and fraud claims involving welding electrodes; among other successes, obtained jury verdict in 3-month trial in state court in Los Angeles in case involving claim for $800 million in damages.

 

Represented LTV Steel Company, Inc., as lead counsel in a wide array of bankruptcy court litigation relating to the chapter 11 reorganization of LTV and its affiliated companies—one of the largest U.S. producers of integrated steel and steel tubing and the world's largest producer of bimetallic wire products.

 

Represented Maxus Energy Corporation against Kidder, Peabody & Co., Inc. and recovered $165 million in settlement with investment banker and $14 million from Ivan F. Boesky after one week of a jury trial for damages caused by insider trading in stock of takeover target.

 

Represented the founder and former director and officer of McLeodUSA in an action by the New York Attorney General seeking damages based on the executive's receipt and alleged nondisclosure of IPO allocations.

 

Representing the trusts formed pursuant to the bankruptcy plan of reorganization in massive ongoing recovery actions against former insiders and professionals.

 

Defeated efforts by Nextel Partners, an affiliate of Nextel, to enjoin changes to Nextel's brand following the merger of Nextel and Sprint, and to block Sprint Nextel's multimillion dollar rollout of the combined company's new brand.

 

Represented Symbol Technologies in a breach of contract case relating to the development of new computer-based technology.  Obtained reversal of a $218 million trial verdict and order for a new trial.

 

Represented Textron's Lycoming aircraft engine manufacturing division in arbitration brought by aircraft manufacturer alleging breach of warranty and other claims for delivery of allegedly defective engines and seeking $100 million in damages.

 

Represented TRW, Inc., in coordinating nationwide defense of product liability cases arising from recall of steering gears. 

 

Represented Williams Natural Gas Company and obtained summary judgment in a declaratory judgment action involving the continued validity and enforceability of a 40-year-old natural gas purchase contract. Upheld an interpretation of the contract under which the pipeline client had complete control over the rate and timing of gas purchases and is not obligated to purchase any set quantity of gas on a current basis.