Quinn Emanuel has an extensive nationwide appellate practice that focuses on briefing and arguing significant cases before the United States Supreme Court, the federal courts of appeals (particularly the Second, Ninth and Federal Circuits), as well as intermediate courts of appeal and high courts of California, New York and other states. Our appellate experience spans all areas of our practice, from copyright, patent, trademark and trade secret law to antitrust, arbitration, business torts, commercial contracts, financial products, insurance and reinsurance, media, securities, bankruptcy, products liability and white-collar criminal defense. Our appellate group was recently named to The National Law Journal's prestigious “Appellate Hot List” for 2015, having also been named to that list in prior years.
Our appellate practice is headed by Kathleen M. Sullivan, who joined Quinn Emanuel in 2005 after a storied career as a professor at Harvard and Stanford Law Schools and as Dean of Stanford Law School, and became the first woman name partner of any AmLaw 100 firm when the firm became Quinn Emanuel Urquhart & Sullivan in 2010. One of the nation’s most renowned appellate litigators, she was named in 2013 once again to The National Law Journal’s prestigious occasional list of “The 100 Most Influential Lawyers in America.” Chambers USA (2012) describes her as a “truly terrific” appellate lawyer who wins clients’ approval as a “tremendously agile and a fabulous advocate,” and Benchmark Litigation/Euromoney Legal Media Group named her one of the “Top 10 Women Litigators” in the nation in their inaugural edition of Top 250 Women in Litigation (2012).
Quinn Emanuel’s immensely talented appellate team also includes Susan R. Estrich, the first woman President of the Harvard Law Review and a former law clerk for U.S. Supreme Court Justice John Paul Stevens; Daniel H. Bromberg, a skilled U.S. Supreme Court advocate with experience at every level of appellate courts and special expertise in California appellate courts; Sandy Weisburst, first in his class at U. of Chicago Law School and a former law clerk to U.S. Supreme Court Justice Clarence Thomas; Christine Chung, former chief of appeals in the U.S. Attorney’s Office for the Southern District of New York and prosecutor at the International Criminal Court; Derek Shaffer, first in his class at Stanford Law School and a former clerk on the D.C. Circuit; William Adams, also a former clerk on the D.C. Circuit with a wide range of appellate experience; and David Cooper, first in his class at Stanford Law School and former law clerk to U.S. Supreme Court Justice Anthony Kennedy.
Quinn Emanuel’s appellate practice is also uniquely intertwined with its trial practice; the firm’s leading trial lawyers, such as founder John Quinn, Faith Gay, Rick Werder, Philippe Selendy, Michael Carlinsky, Robert Raskopf, Adam Abensohn and Christopher Tayback, regularly argue and win significant appeals. Among our patent lawyers, Charles Verhoeven’s win-loss record in the Federal Circuit is now a remarkable 15-1-1, with Victoria Maroulis, David Perlson, Brian Cannon, Peter Armenio, Ray Nimrod and Kevin Johnson also routinely scoring important Federal Circuit wins.
SUPREME COURT OF THE UNITED STATES:
STATE SUPREME COURTS:
LOWER FEDERAL AND STATE APPELLATE COURTS:
ALIEN TORT STATUTE
BUSINESS CONTRACTS, TORTS, BANKRUPTCY, INSURANCE, AND SECURITIES
We successfully represented Colgate-Palmolive Co. in an appeal to the U.S. Court of Appeals for the Fourth Circuit challenging the denial of Colgate’s motions to vacate orders remanding two asbestos-related cases to state court. The court of appeals, sitting en banc, agreed with our argument that 28 U.S.C. 1447(d)’s prohibition on “review” of remand orders does not preclude “vacatur” of a remand order pursuant to Fed. R. Civ. P. 60(b)(3) due to fraud, misrepresentations, or other misconduct in procuring that order. This ground-breaking decision provides a powerful new tool for the defense bar and ensures that federal courts are not impotent when plaintiffs and their counsel seek to avoid federal jurisdiction through misconduct.
We represented monoline insurer Assured Guaranty in a suit against DLJ Mortgage Capital and its parent Credit Suisse alleging breach of contract, fraud, and material misrepresentation in the inducement of an insurance contract arising out of defendants’ pervasive misrepresentations concerning the credit quality of mortgage loans underlying six residential mortgage-backed securities transactions sponsored and underwritten by defendants, for which Assured provided financial guaranty insurance. Assured sought damages of approximately $400m. After three years of litigation, including a successful appeal which fully reinstated part of Assured’s breach of contract claims that had been dismissed by the trial court, the suit was settled on mutually agreeable term
We represent Dr. Enrico Bondi (Extraordinary Administrator for the former Parmalat companies) in a case involving accounting malpractice and related misconduct by former auditor Grant Thornton S.p.A., the Italian affiliate of Grant Thornton LLP and Grant Thornton International. Dr. Bondi’s case against Grant Thornton was originally filed in Illinois state court but then was removed to federal court and proceeded there for years, resulting initially in a summary judgment in favor of Grant Thornton. We successfully obtained reversal by the U.S. Court of Appeals for the Second Circuit ordering remand to state court on abstention grounds, and then, when the federal district court in Illinois declined to follow that instruction, we obtained reversal by the U.S. Court of Appeals for the Seventh Circuit definitively ordering remand to state court so that proceedings may restart on a clean slate. Earlier in the same case we obtained a $150 million settlement against various Deloitte entities, and in a separate proceeding obtained a $100 million settlement against Bank of America.
CONSTITUTIONAL LAW AND CIVIL RIGHTS
TRADEMARKS AND TRADE SECRETS
We obtained a unanimous victory in the Second Circuit, where we defended a dismissal that we previously obtained for AIG in a major False Claims Act case that alleged AIG defrauded the Federal Reserve Bank of New York by hundreds of millions of dollars during the financial crisis. The case, brought by a former AIG human resources executive-turned-whistleblower, alleged that two insurance subsidiaries that AIG sold to the Federal Reserve in exchange for $25 billion in debt reduction had, for decades, engaged in unlicensed insurance business in New York. The plaintiff alleged that AIG was complicit in the illegal insurance activity, concealed it from regulators, and deliberately misled the Fed during the negotiations in order to consummate the transaction. This case posed a potential $2.5 billion liability for AIG under the False Claims Act’s treble damages provision.
SUPREME COURT OF THE UNITED STATES:
Warger v. Shauers, 135 S. Ct. 521 (2014)
Kiobel v. Royal Dutch Petroleum, 133 S. Ct. 1659 (2013)
Carpenter, Co. v. Ace Foam, Inc., 135 S. Ct. 1493 (2015)
Ninestar Technology Co., Ltd. v. International Trade Commission, 133 S. Ct. 1656 (2013)
FEDERAL COURTS OF APPEALS:
Americans for Prosperity Foundation v. Harris, No. 15-55446 (9th Cir. 2015)
Financial Guaranty Insurance Company v. Putnam Advisory Company, LLC, No. 14-1673-cv (2d Cir. 2015)
Moldex-Metric, Inc. v. McKeon Products, Inc., No. 13-55446 (9th Cir. 2015)
Vasudevan Software, Inc. v. MicroStrategy, Inc., No. 14-1094 (Fed. Cir. 2015)
I/P Engine, Inc. v. AOL Inc. et al., 576 Fed. App’x 982 (Fed. Cir. 2014)
Carnegie Mellon University v. Marvell Semiconductor, Inc., No. 14-1492 (Fed. Cir. 2014)
REDOIL v. EPA, 704 F.3d 743 (9th Cir. 2013)
American Int’l Group v. Bank of America, 712 F.3d 775 (2d Cir. 2013)
FHFA v. UBS Americas Inc., 712 F.3d 136 (2d Cir. 2013)
Mattel, Inc. v. MGA Entm't, Inc., 705 F.3d 1108 (9th Cir. 2013)
STATE APPELLATE COURTS:
Fisher et al. v. Flue-Cured Tobacco Cooperative Stabilization Corporation, No. 374A14-1 (N.C. 2015)
United States Fidelity & Guaranty Co. v. American Re-Insurance Co., 20 N.Y.3d 407 (N.Y. 2013)
Sargon Enterprises, Inc. v. University of Southern Cal., 55 Cal.4th 747 (Cal. 2012).
MBIA Insurance Corporation v. Countrywide Home Loans, __ N.Y.S.2d __ (N.Y. App. Div. 1st Dep’t 2013)