International Arbitration

They got great results for us in our toughest litigation. In court, they are fierce competitors and well-prepared advocates.
– client testimonial

McDermott Will & Schulte lawyers have been on many of the landmark antitrust litigation cases of this century. From securing summary judgment in the precedent-setting price-fixing chocolate confectionary litigation to prevailing on behalf of several hospital systems in the first batch of wage-fixing class actions, we have successfully litigated and defended on appeal the full gamut of novel antitrust cases.

Clients turn to us for our enviable track record in cutting-edge matters and unparalleled experience as lead counsel on actions involving:

• Price-fixing
• Cartels
• Monopolization
• Tying
• Dealer terminations
• Group boycotts and refusals to deal
• Exclusive dealing
• Antitrust counterclaims in patent and trademark litigation
• Litigated challenges to mergers and acquisitions

Our antitrust class action defense lawyers are some of the most experienced in the United States, and we are on the pulse of litigating private competition law damages claims in Europe. We regularly represent clients before foreign and domestic regulatory agencies, including the Federal Trade Commission (FTC), the US Department of Justice (DOJ), state attorneys general and the European Commission (EC) Directorate-General for Competition. We also represent clients in competition litigation in European Union and Member State courts.

Members of our team previously held key positions regulatory and law enforcement agencies, including the FTC, the DOJ and the EC.

Who We Represent

Understanding our clients’ industries is paramount to litigation success. Our experience encompasses most markets, and we regularly deliver results for clients from all sectors of the economy, including the following:

• Consumer products
• Food, beverage and agribusiness
• Healthcare
• Life sciences
• Financial services
• Insurance
• E-commerce
• Digital advertising
• Aerospace and defense
• Chemicals
• Energy
• Manufacturing
• Technology

More than ever, class action litigation presents a risk for your business as plaintiffs’ lawyers become more sophisticated and aggressive in filing class actions.

Our litigators provide comprehensive counseling advice to prevent and, as needed, defend your company at all stages of class actions, including pre-filing resolutions of threatened claims, successful motions to dismiss and to compel arbitration, summary judgment grants, class certification denials, class de-certification and successful appeals of class certification rulings. With decades of experience and a strong track record, our representation has spanned issues of antitrust and unfair competition, ERISA and RICO liability, consumer fraud, deceptive business practices and product liability. Our team regularly provides counseling to avoid class actions, and we have also successfully defeated class actions and negotiated favorable settlements. Clients seek our counsel particularly for our ability to address the unique issues raised in healthcare, tax, employment, securities and consumer class actions.

To help you succeed, we draw on our experience providing strategic and tactical counsel in the management of large and complex class action litigation. We practice regularly before the Judicial Panel on Multidistrict Litigation, serve as lead defense counsel in class actions spanning multiple state and federal jurisdictions, and represent clients in parallel government proceedings, including multi-state attorney general investigations and actions.

Our lawyers also are active in promoting various civil justice reform initiatives, including changes to the rules affecting class actions. We contributed to what ultimately became The Class Action Fairness Act and have helped secure enactment of state-level rules for interlocutory appeals of class certification rulings.

The lawyers of our Commercial Litigation Group draw on their industry knowledge, efficient project management, business acumen, and ability to take complicated, high-stakes commercial cases to trial to help clients resolve disputes quickly and effectively.

We represent transnational, multibillion-dollar corporations as plaintiffs and defendants in commercial litigation. Our clients operate in several sectors of the worldwide economy, from chemicals and health care, to hospitality and financial services. We leverage our industry experience and strong trial skills to provide clients with resolutions to a broad scope of business and commercial disputes, including breach of contract, fraud and securities litigation, as well as licensing and supplier disputes.

In addition to our representation of clients in federal and state courts across the country, we regularly act as lead counsel for clients in appeals in numerous federal and state appellate courts and before the US Supreme Court and state supreme courts.

During early case assessment, we seek to maximize the prospects for a successful outcome by working with our clients to determine the best strategy and method to move forward under the particular circumstances. We have handled thousands of mediations and arbitrations in forums worldwide, as well as mini-trials, summary jury trials and other devices that can also achieve successful results.

Data gives businesses the power to make informed decisions and compete more effectively – but collecting, storing, and using data can result in legal and regulatory exposure. Our cybersecurity lawyers help you navigate that risk while supporting the strategic use of data to enhance your business operations.

We advise on all aspects of data, privacy, and cybersecurity, from developing compliance frameworks and implementing defensible security standards to counseling on product development, AI integration, digital marketing, and data monetization strategies. We also help clients navigate cross-border data transfers, incident response and data breach matters, investigations, regulatory scrutiny, and litigation.

Privacy, cybersecurity, and data governance issues touch every part of your business. Our cybersecurity lawyers collaborate across key practice areas including technology, transactions, litigation, employment, investigations, and regulatory to address risk wherever it arises. The team also includes engineers and computer coders, former in-house counsel, and former senior government officials, including cybercrime prosecutors.

Our lawyers helped shape major privacy frameworks – including the California Privacy Rights Act (CPRA) and the European Union’s General Data Protection Regulation (GDPR). We also advise on other evolving state, federal, and international privacy laws, including the California Consumer Privacy Act (CCPA), the e-Privacy regulation, and sector-specific requirements.

We work with you to assess cybersecurity maturity, identify gaps, and develop tailored risk mitigation strategies. When incidents occur, we help you respond to data breaches, ransomware attacks, insider threats, and other cybersecurity incidents with a focus on limiting business disruption and financial exposure. Our cybersecurity lawyers also guide you through sensitive investigations, regulatory scrutiny, litigation, and other disputes that arise from the misuse, loss, or theft of data.

Managing the legal and regulatory exposure associated with data use has become more complex as technologies advance and cyber threats become more sophisticated. We help you mitigate data, privacy, and cybersecurity risk through integrated strategies designed to protect your business, advance innovation, and support growth.

The future of e-discovery: Advanced technology powered by agile legal minds

Human-guided artificial intelligence reduces costs, risks, and unpredictable outcomes – ultimately pinpointing the incisive information needed to win cases.

We understand the frustration and uncertainty that often comes with discovery. That’s why we’ve developed a better way to do it.

We have saved clients millions of dollars in discovery fees by combining the most advanced technology with one of the most experienced e-discovery teams in the world. Unlike conventional e-discovery solutions, our platform uses cognitive computing and active machine learning to mine huge volumes of data and quickly uncover the most critical information needed to litigate cases successfully.

We then apply the proven discovery experience of a major international law firm. Our team of dedicated e-discovery lawyers and technology professionals is one of the most sophisticated in the legal profession. We’ve designed processes and workflows that add speed and precision to document review – all while maintaining the highest standards of quality – and we can quickly scale to support the largest, most complex cases. This unique fusion of smart people, processes and technology results in higher quality, lower compliance risks, and predictable discovery costs.

Compensation and benefits programs help you attract and retain top talent – but they are subject to significant regulatory risk and shareholder scrutiny. Our employee benefits lawyers partner with you to design, implement, and administer compensation and benefits programs that protect your interests across the employee lifecycle – from hiring to separation.

We support your business by structuring and managing programs that drive performance, control costs, and enable long-term growth. We advise you on all aspects of employee benefits and executive compensation, from plan design, administration, and compliance to workforce transitions, complex transactions, audits, investigations, and litigation.

As you manage your global workforce and expand into new markets, we advise you on international employee benefits, executive compensation, and cross-border employment matters. Our lawyers help you navigate complex regulatory frameworks across the US and Europe, including:

• Employee Retirement Income Security Act (ERISA)
• Internal Revenue Code (IRC)
• Affordable Care Act (ACA)
• Worker Adjustment and Retraining Notification (WARN) Act
• US securities and disclosure requirements
• Other applicable US federal, state, and local laws
• European labor laws, including works council and consultation requirements

When matters come under regulatory scrutiny or give rise to disputes, we represent you in labor and employment litigation, as well as in arbitrations and mediations before federal and state trial and appellate courts, US administrative agencies, and international counterparts in Europe and Asia.

In the event of an audit or regulatory inquiry, our lawyers advocate for you before the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the National Labor Relations Board on employment, compensation, and benefits matters.

Your compensation and benefits programs play a critical role in the growth and performance of your business. We partner with you to develop and manage employee benefits and executive compensation programs that protect your talent investment, reduce risk, and support your business goals.

Intellectual property is a core driver of enterprise value. Across every stage of your innovation life cycle – from development and protection to commercialization and enforcement – our intellectual property lawyers support your growth. We navigate the complexities of IP law to help you attract investment, strengthen your market position, and drive long-term value.

Our team includes more than 100 lawyers and professionals globally, and most of them hold technical degrees in science and engineering. We partner with you to secure, monetize, and defend the IP rights that drive your business forward – from patents and trade secrets to trademarks and copyrights.

Through a coordinated global strategy, we build IP portfolios designed to protect your core technologies, products, and brands across jurisdictions. We also develop frameworks to protect trade secrets and structure sophisticated licensing and enforcement strategies to help you monetize your IP assets.

When disputes arise, our IP lawyers represent you in high-stakes matters that can impact market access and put revenue streams at risk. We have significant experience enforcing and defending IP rights across key forums, including US federal district courts and appellate courts, as well as proceedings before the United States Patent and Trademark Office (USPTO) and US International Trade Commission (ITC). We also represent clients in courts across key jurisdictions in Europe and Asia.

In highly regulated sectors – including healthcare and life sciences – we guide you through the intersection of IP and regulatory frameworks to support commercialization and preserve access to critical markets. We also lead IP due diligence in high-value transactions where IP assets are central to valuation, including M&A deals, investments, strategic collaborations, and licensing arrangements.

In competitive markets, IP assets play an essential role in differentiating your business and protecting your market position. Through a comprehensive and integrated strategy, our IP lawyers help you build and sustain a competitive advantage across global markets.

Disputes can disrupt your operations, drain resources, and create uncertainty that affects business performance. Our litigation and dispute resolution lawyers help you navigate high-stakes disputes while reducing uncertainty, managing risk, and protecting your long-term business interests.

Our litigation and dispute resolution practice is comprised of experienced litigators and trial lawyers throughout the US and Europe. Working across practices, we provide integrated counsel tailored to complex disputes. By combining industry- and practice-specific knowledge with trial and appellate experience, we assess how disputes are likely to evolve and adapt your strategy accordingly.

Our lawyers guide you through every stage of a dispute – from early case assessment through litigation, trial, and appeal. With a dedicated appellate practice that has handled hundreds of appeals, including matters before the US Supreme Court, we approach cases with trial and appellate strategies aligned from the outset.

When litigation is not the most effective path forward, we partner with you to resolve disputes through arbitration and mediation. Our lawyers represent you in proceedings before the American Arbitration Association (AAA), the International Centre for Settlement of Investment Disputes (ICSID), and other arbitral bodies – helping you control risk, maintain confidentiality, and preserve business relationships.

In addition to commercial disputes, we advise you on sensitive investigations and government enforcement actions. We conduct internal investigations involving allegations of misconduct, compliance issues, and potential regulatory violations. We also represent you in proceedings involving the US Department of Justice (DOJ), the US Securities and Exchange Commission (SEC), self-regulatory organizations, stock exchanges, and other state and federal agencies.

Our litigation and dispute resolution lawyers understand how disputes can affect your business and reputation. By combining litigation experience with practical business insight, we help you assess risk, reduce uncertainty, and determine the most effective path forward – whether through litigation or strategic resolution outside the courtroom.

For more than a quarter of a century, the firm’s private client disputes team has been a full-time, full-service group of lawyers, representing fiduciaries and other parties involved in will contests, trust contests, will and trust construction and reformation suits, and other fiduciary litigation.

There is no substitute for experience, whether defending a fiduciary charged with personal exposure for handling an estate, trust or guardianship, representing a plaintiff in a will or trust contest, or navigating a fiduciary or non-fiduciary party through the pitfalls of guardianship or charitable and exempt organization litigation. From having handled hundreds of cases, we have a keen understanding of the critical issues involving the defense of executors and trustees as well as representing plaintiffs in will and trust contests and parties in guardianship controversy, including many complicated will and trust construction suits, charitable and exempt-entity qualification problems, and estate and fiduciary tax-related litigation.

We regularly develop and apply creative solutions that can help deliver timely, client-favorable resolutions to a dispute. Drawing on the resources of one of the world’s top-tier private client practice groups and a strong bench of first-chair lawyers in the firm’s litigation department, our team achieves consistently strong results for clients on cases involving wills, trusts and guardianships, as well as in charitable and exempt-organization litigation. Our dedicated litigators apply deep understanding of oftentimes complex and multifaceted legal issues to develop strong case strategy at the outset and deliver consistent results at a fair cost.

Product liability claims can disrupt operations and tarnish reputations—for even the most reputable companies. When facing product liability litigation, you need a quick response and a thoroughly mapped out strategy to mitigate risk.

That’s why companies around the world turn to us for help with serious product-related litigation matters, including toxic torts, product recalls and multi-jurisdictional consumer class actions. Our seasoned trial lawyers partner with you to understand your product inside and out, including its manufacture, distribution and use, then develop litigation strategies that are both innovative and targeted to your unique situation and business needs.

Our team has extensive experience managing, supervising and handling large-exposure national US litigation, including multidistrict litigation; multi-plaintiff cases involving lead paint, medical devices, pharmaceuticals, chemicals, telecommunications, asbestos and other construction products; and litigation in difficult jurisdictions, including those branded as “judicial hellholes” by the US Chamber of Commerce. We also handle claims involving international exposures and litigation filed in non-US jurisdictions, including claims before the EU courts. Our deep familiarity with the science of causation and long-standing relationships with leading experts give us a thorough command of the core issues in all product areas.

Often the best way to protect your business is to proactively identify and root out potential problems before they can spread. We draw on our deep experience with high-stakes litigation to deliver effective pre-marketing advice to eliminate potential risk areas. We examine insurance policy coverage issues; review corporate mergers and acquisitions to assess potential areas of liability; advise on regulatory requirements; and develop instructions, warnings and methods to limit potential claims.

As you work to prevent or address claims, cost-effectiveness is a top priority. To help you manage large-scale dockets, we have developed sophisticated in-house tools and deploy skilled paralegal and support staff to perform case-management tasks effectively and efficiently. We understand that major cases can impose a heavy financial burden, so we use legal project management processes to offer fee arrangements that can add a layer of predictability to your legal expenses.

Our product liability lawyers are well known for their forward-thinking, tactical counsel in the management of large and complex class action and mass tort litigation. To aid distributors, retailers and other businesses in today’s highly contentious environment, we leverage our extensive experience handling a broad range of mass tort cases across the United States and internationally to deliver proven results.

What would you do if your company faced shareholder class action and derivative lawsuits, a Securities and Exchange Commission (SEC) investigation or a corporate governance dispute? What if you encountered all three simultaneously? With the complexity of securities and governance law, you need a trusted partner by your side who understands both the legal and business implications of the issues that are raised by shareholders and regulators.

You can count on our dedicated securities & corporate governance litigation team to protect your legal and business interests in high-stakes cases and sensitive governance matters. Whether you face accusations of accounting irregularities, inadequate disclosures, breaches of fiduciary duty, market manipulation, insider trading or valuation irregularities, we are well-versed in litigating a broad range of these substantive issues to help you navigate it all.

With a nationwide network of collaborative practitioners, including a significant presence in New York, Delaware, Chicago, Los Angeles and Washington DC, we’re able to support your needs regardless of jurisdiction. The group also includes dedicated corporate governance litigators, including in our Delaware office. Our experienced team includes Board and Fund Counsellors, trial lawyers, corporate governance litigators, former SEC regulators, federal prosecutors, in-house lawyers, and federal and Delaware law clerks. Additionally, our sophisticated counsel helps you manage any governance, disclosure, regulatory and trading issues.

We have an extensive and successful track record in shareholder class action litigation filed pursuant to the Securities Act of 1933 and Securities Exchange Act of 1934. In addition, our team regularly represents a wide range of clients in the investment management industry in connection with a myriad of complex commercial litigation and regulatory matters. Corporate clients include investment banks, accounting firms, hedge funds, funds of funds, and private equity funds, as well as their principals and portfolio companies. We also regularly represent individual issuers, directors and officers, Board Committees.

Because of this collective knowledge and passion for the practice, our team has achieved highly favorable results stemming from litigation, negotiated results, investigations, and enforcement proceedings.