McDermott Will & Schulte, a global law firm

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
• Energia
• Manufacturing
• Tecnologia

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.

In today’s global, fast-paced marketplace, employers face challenges on every front. McDermott Will & Schulte’s benefits practice operates worldwide, with the geographic coverage and deep resources necessary to serve clients at every level: internationally, nationally, regionally and locally. We have deep industry experience, as well, and represent employers in virtually every sector, including manufacturing, financial services, health care, education and construction.A key differentiator from other firms is that we have traditionally invested heavily in the employee benefits practice area, unlike other firms where this practice exists as a secondary support function. For us, employee benefits is a prominent practice that attracts clients directly to the Firm.

Several of our practice group lawyers have been recognized by various professional organizations as national leaders in this practice area. In fact, we are the only firm to have received top rankings in all major ranking directories, including Chambers USA, Legal 500 USA, U.S. News – Best Lawyers and Law360. We regularly advocate for clients before the US Department of Treasury, Internal Revenue Service and the US Department of Labor on employee benefits matters.We help clients maximize the value of and return on their investments in human capital while avoiding exposure to liability. We deliver strategic and day-to-day counsel on matters such as executive compensation, health/welfare plan compliance (including Affordable Care Act compliance and reporting), plan vendor contracting, qualified retirement plans, fringe benefits, privacy and data protection, reductions in force, executive employment and severance, cultural diversity, retirement programs, employment contracts and agreements, trade secret protections, development of employee manuals, wage-hour compliance, substance abuse programs and drug testing, as well as general employee-relations matters. Our employee benefits and executive compensation lawyers help clients ensure full compliance with relevant laws, including the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and state and local laws. In Europe, we have extensive experience advising on European labor law, European works councils, the German Act against Unfair Dismissal and the German Shop Constitution Act. Our UK, French and German offices also coordinate pan-European employment and labor assignments. Together, we deliver effective solutions to issues that arise out of global, regional and local corporate mergers, acquisitions and restructurings.Our litigators conduct a full range of labor and employment litigation, arbitration and mediation before US federal and state trial and appellate courts and administrative agencies, as well before European and Asian equivalents. We represent employers in collective bargaining negotiations, grievance arbitration, maintaining a union-free environment, and election and unfair labor practice proceedings before the National Labor Relations Board.

At the forefront of data innovation and what’s next

Whether you are navigating the increasingly complex web of emerging privacy laws, responding to a data incident, unleashing the power of the data you collect, finding ways to safeguard the valuable information you hold or otherwise in need of a data-based “gut check,” our global privacy & cybersecurity team provides the practical guidance to minimize risk and drive your business forward.

Clients turn to our award-winning team for risk-based insights rooted in commercially oriented advice informed by regulatory expertise. Having worked in-house and been seconded to some of the most well-known companies, we understand our clients’ expectations and the need to identify realistic risk priorities and maximize business opportunities. Our team comprises engineers and computer coders, former senior government officials and cybercrime prosecutors. In addition, we helped draft the laws—we contributed to the legislative process to develop the California Privacy Rights Act (CPRA) and served at the European Commission leading deliberations over the General Data Protection Regulation (GDPR) and the e-Privacy regulation. We help you plan and prepare for the full lifecycle of data privacy needs, from proactive privacy and security counseling to incident response and regulatory and civil litigation.

Corporations across a wide range of industries partner with us to solve their most complex challenges, including:

• Developing global “soup to nuts” privacy and cybersecurity compliance programs
• Navigating evolving state and international privacy laws and sector-specific cybersecurity requirements
• Addressing the increased scrutiny and attention on privacy and cybersecurity from regulators, plaintiffs’ bar, vendors, insurers, customers and consumers
• Implementing “reasonable” cybersecurity and privacy standards that survive regulatory oversight and litigation
• Combatting increasingly sophisticated threat actors
• Developing scalable frameworks for evaluating vendors and corporate acquisition targets
• Developing data collection, monetization and digital marketing strategies
• Counseling on product development
• Advising on the cross-border transfer of personal data
• Maintaining attorney-client privilege and work product protections for internal investigations
• Deploying efficient and effective templates and resources

Healthcare organizations face increasing government scrutiny and private whistleblower activity, and frequent regulatory and policy changes—all of which pose greater financial and reputational costs than ever before. We offer unmatched guidance in navigating this complex legal environment to help our clients minimize risk while reaching their goals.

If an investigation or litigation is unavoidable, our healthcare defense team efficiently and effectively achieves the best possible result for our clients, so they can focus on what they do best—innovating and revolutionizing the healthcare industry.

We anticipate problems and proactively develop solutions.

We understand you have a business to run, and we can help by minimizing the distraction that comes with subpoenas, investigations and litigation. Our healthcare litigation, regulatory, compliance and transactional practitioners work together to address every aspect of a legal problem in a layered approach that includes leveraging our industry-leading experience, following trends and staying on top of ever-changing laws, rules and guidance.

Our unrivaled understanding of the business of operating hospitals, health systems, healthcare providers, life sciences and technology companies—down to the complicated reimbursement structure and rules, at both the federal and state level—is critical in a world where billing government payors is a source of constant scrutiny. And our skilled team works tirelessly to help clients on many fronts, including identifying and avoiding unnecessary risks, responding quickly and effectively in a crisis, efficiently defending any investigation or qui tam complaint, and negotiating the best possible outcomes with the government and private parties. We routinely handle matters under the False Claims Act, the Stark Law, the Anti-Kickback Statute, HIPAA, corporate governance, cybersecurity, pharmaceutical marketing and pricing, and disputes among payers and providers.

Made up of well-respected and nationally renowned lawyers across the United States and around the world, our team includes:

• Several former Assistant United States Attorneys and healthcare fraud lawyers from the US Department of Justice
• Former senior advisors, lawyers and professionals from the HHS Office of Inspector General and the Centers for Medicare and Medicaid Services
• A best-in-class regulatory and compliance team that wrote a leading treatise on the Stark Law and includes nationally recognized authorities on the Anti-Kickback Statute and its safe harbor regulations
• Transactional lawyers experienced in negotiating healthcare transactions involving complex regulatory and compliance issues

Our team’s robust experience helps us deliver optimal results in healthcare litigation and investigations, and provide the necessary compliance guidance to help clients operate smoothly and avoid running into new issues.

While we are—and will continue to be—on the front lines of some of the largest and most important cases shaping the healthcare industry, our goal is to prevent problems from ever reaching the courtroom. Our clients come to us because they know they will get the best possible advice to minimize the likelihood of investigation or litigation. The comprehensive breadth and depth of our knowledge and experience enables us to spot issues before they become problems. Working as partners with our industry-leading healthcare regulatory and transactional lawyers, we help clients avoid investigations, litigations and crises. Yet, if litigation is unavoidable, our team of seasoned, first-chair trial lawyers is experienced in aggressively and effectively defending healthcare litigation.

As the only law firm to receive national Tier 1 rankings in healthcare from all of the industry’s top legal directories—Chambers USA, The Legal 500 USA and U.S. News – Best Lawyers—we’ve earned our reputation by leading the legal strategies on some of the most important cases in the healthcare industry and stand ready to help you take on yours.

When it comes to your business, success means prioritizing growth, and your organization’s intellectual property (IP) should help drive it. We are our clients’ secret weapon in the boardroom and the courtroom for IP litigation, licensing, monetization and strategic portfolio development. Our global intellectual property practice includes more than 100 lawyers and professionals who offer a mix of business savvy and technical skills to help achieve success for our clients.

However, a return on your IP investment is hardly guaranteed these days. Product lifecycles are short, competition is fierce and reputations can be won or lost at the push of a social media button. Not to mention, an increasingly complex web of international laws and regulations, judicial decisions, and new legislation poses a constant challenge.

So, whether you’re building the next iconic brand, protecting game-changing new technology or creating new revenue streams from your established IP assets, our team can help you achieve your business goals at every stage of the IP lifecycle.

Explore the latest developments in IP law by visiting the IP Update Blog.

Patent Portfolio Strategy and Counseling

Patents are the foundation of your brand and products. To protect and manage your innovations, our team develops strategies that fully leverage your IP assets and give you a strategic advantage in the competitive market.

IP Litigation

The IP litigation market has grown increasingly complex and more competitive, and it’s more important than ever to have a comprehensive protection and enforcement strategy for your IP assets. As trusted advisors, our IP litigation team can help you maintain your market position and maximize your investment in core patents and products.

Trademark Prosecution, Counseling and Enforcement

Selecting the right brand name is critical for companies bringing a new product or service to market. We partner with clients from the earliest stages of product development to search and file for brand names globally. We are also well-equipped to partner with your in-house legal and marketing teams to enhance your current brand and offer counsel on potential new brands and markets.

IP Transactions and Licensing

With decades of combined experience performing IP due diligence on acquisitions, investments and IP asset purchases of all deal sizes (from $1 million to $70 billion), we collaborate with colleagues in our Transactional Group to provide scalable solutions that are tailored to your business needs and budgetary constraints.

Monetization

Drive growth to your bottom line. We develop programs for in-house legal departments to commercialize and license their IP assets. We will help you derive income from your dormant IP assets and act as a profit center, not a cost center.

Let us show you what we can do for you.

The future of eDiscovery: Advanced technology powered by agile legal minds

Human-guided artificial intelligence reduces costs, risks and unpredictable outcomes, pinpointing 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 eDiscovery teams in the world. Unlike conventional eDiscovery 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 eDiscovery 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.

Securities litigation remains an ongoing threat to businesses and financial institutions. Our SEC Enforcement group is composed of lawyers - including former senior members of the US Securities and Exchange Commission (SEC) Division of Enforcement - who possess substantial experience covering the full spectrum of securities enforcement activity. Our lawyers are knowledgeable about the SEC as an agency, including its rules, practices and customs, and maintain excellent relations with staff of the Enforcement Division and Office of General Counsel.

Clients rely on us to provide legal defense against securities litigation. We have secured favorable results stemming from investigations and enforcement proceedings, on behalf of public companies, their audit committees, officers, directors and senior management, as well as financial services firms, broker deals, investment advisors, hedge funds and accounting firms.

Our capabilities cover all aspects of SEC and other regulatory investigations, as well as parallel proceedings, private class actions and derivative litigation. We have been successful in deterring the SEC at various stages of enforcement investigations and frequently persuade the SEC either not to take any action against our clients or to reduce the nature and scope of the charges, including the elimination of fraud-based charges.

We have demonstrated success - civil and criminal - bringing trials to verdict in federal district courts and handling administrative proceedings at the federal and state level, and we possess substantial appellate experience in the appeal of administrative decisions to the SEC and to the US circuit courts.

As a testament to the mutual respect between our practice and the commission, we have successfully petitioned the SEC to appear as amicus curiae in favor of a client's position in private securities litigation. The SEC also has called upon members of our group to act as receivers in the SEC civil enforcement proceedings. This cumulative experience differentiates us from the competition, ultimately providing clients with the best legal representation to achieve a favorable outcome.

Your business depends on the strength of your brand, and trademarks play an important role in protecting that brand throughout your IP lifecycle. Competitors can dangerously impact your bottom line when they encroach on your corner of the marketplace and use—or misuse—your trademarks, capitalizing on your hard-earned goodwill and reputation. False or misleading claims made by those same competitors in advertising to consumers could also cause irreparable damage to your brand.

To protect your company, it’s crucial to have a trusted advisor by your side in the courtroom and the boardroom to enforce your trademarks and defend your intangible assets.

Think of us as that trusted advisor, here to act as business strategists who also happen to excel in IP litigation. With one of the strongest and most active global trademark practices, clients trust us with their high-stakes trademark litigation, and we have significant experience handling trademark and trade dress infringement, false advertising and other related claims in federal district, appellate and state courts in the US.

We have also successfully represented clients in third-party opposition and cancellation proceedings before the Trademark Trial and Appeal Board and in administrative court proceedings around the world—all with the knowledge that every decision should align with your unique business goals throughout the IP lifecycle.

In online enforcement matters, we have successfully resolved numerous domain name disputes for our clients using pre-dispute negotiations and Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings before the World Intellectual Property Organization (WIPO) and the National Arbitration Forum (NAF). We have also handled federal court litigation under the Anticybersquatting Consumer Protection Act (ACPA), including the ACPA's in rem provisions, as well as traditional trademark and unfair competition causes of action.

To help protect your valuable IP assets, enforce your trademarks and minimize risks to your business, employees and customers, we can guide you in addressing trademark issues swiftly and effectively.

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.

Bankruptcy, and the ensuing litigation in a bankruptcy proceeding, presents a substantial threat to your business, whether you are a debtor seeking relief under the Bankruptcy Code or a creditor owed substantial sums. To help you navigate the complex issues and conflicts that routinely arise in bankruptcy litigation, and to minimize the risks arising from such litigation—including lawsuits brought by bankruptcy trustees, creditors’ and equity committees, contested confirmation hearings, valuation and allocation disputes, and fraudulent conveyance and preferences actions—you need skilled legal advisors.

Our team of highly experienced bankruptcy litigation lawyers works seamlessly with our restructuring & insolvency practice to provide you with innovative, comprehensive strategies to decrease your risk, and—when necessary—skillfully argue matters in any venue. We analyze your situation and present creative solutions for delivering quicker resolutions and higher returns, protecting your assets and investments and driving successful business operations. In order to successfully take on your complex, long-lasting disputes and align the results with your business strategy, we work across practices and borders to enlist our colleagues’ substantial knowledge in fields such as private equity, M&A, tax and real estate.

With a dedicated group of trial and restructuring lawyers operating out of our Wilmington, New York, Chicago and Dallas offices, we offer coverage in the most active bankruptcy-related jurisdictions in the world. Our practitioners have also handled cross-border litigation around the globe.

When your business operations are adversely impacted by federal, state or local government action in the United States, our team uses a unique skillset and decades of litigation experience to help you secure strategic relief. If needed, we sue governments on your behalf for laws they enact, regulations they promulgate and agency actions they undertake.

To benefit a wide variety of clients regulated by the government, including companies and trade associations across all industries and sectors, our team designs and brings legal challenges to actions taken by federal, state, and local governments and their subsidiary agencies.

Litigation is one of many tools we use to help you achieve your objectives: When you have a problem with the government, we analyze the issues, map out a strategy and explore whether litigation will be most effective for you. Partnering with our colleagues in health, tax, energy, transactions and other areas frequently affected by government action, we contest federal and state laws as unconstitutional or preempted, bring Administrative Procedure Act challenges to regulations, and challenge a variety of agency decisions. When appropriate, we are also adept at building media relations strategies to nurture your message in the public sphere.

With long experience in federal, state and local government lawsuits; a winning record; and encyclopedic knowledge of constitutional lawsuits, Section 1983 lawsuits and other frequent actions against the government, our team has a clear view of current law—and a strong vision for how we can use sound, creative legal reasoning to push it in other directions based on your needs. As a responsive, client-focused group, we bring strategic thinking, a deep understanding of administrative law, litigation skill and superior legal writing to your most novel problems.

In light of the elimination of, or extensions to, state statutes of limitations for both minor and adult survivors of sexual abuse, misconduct claims can put your organization—and its board and senior executives—in a difficult and uniquely vulnerable position. Beyond the typical workplace allegations of sexual harassment against an employer, these claims expose respected academic and cultural institutions, healthcare and social services providers, and religious organizations to significant financial and reputational harm. The public and your stakeholders (including donors, investors, current and prospective employees), as well as law enforcement and government regulators, are likely to scrutinize how your organization reacts and responds to such allegations. The implications can be far-reaching. An inadequate or improper response may negatively impact your organization’s operations, future government investigations or civil suits.

With decades of experience in advising institutional clients, our team is uniquely prepared to advise your organization throughout the lifecycle of these sensitive and often high-profile matters. We are equipped to review alleged claims, while uncovering information your organization needs to accurately determine possible wrongdoing, to proactively design an approach to evaluate risks before challenges or allegations come to light, and to respond swiftly to minimize damage if related investigations or litigation follow.

Our multi-disciplinary team—comprised of former state and federal prosecutors, best-in-class white-collar investigators and litigators—has handled such high-stakes claims both as defense counsel and prosecutors. Members of the team have extensive experience in every aspect of these complex matters. Additionally, our team frequently partners with specialized groups across the Firm, including corporate securities, employment and labor, healthcare, insurance coverage and nonprofit governance. We leverage this expertise to deliver forward-thinking advice, whether helping you properly structure compliance programs, draft appropriate policies, conduct board education and staff trainings, hold tough conversations at executive and leadership levels, investigate the merits of allegations, handle media inquiries or develop crisis management plans.

If the organization faces litigation, our deep bench of trial lawyers has a wealth of experience in addressing civil lawsuits resulting from these types of claims. Through it all, we can help you navigate quickly to appropriately address and remediate issues, create authentic cultural change where needed, and protect your organization’s brand and reputation.

To bring a calm, experienced perspective to these matters, from proactive compliance and trainings to the challenges of investigations and litigation, you can turn to our savvy, responsive and fast-moving team.

The firm’s experienced team represents insurers and reinsurers in high-profile disputes affecting the global insurance and reinsurance markets. Clients frequently call upon us to handle their largest and most contentious matters. Our insurance practice is ranked as a leading national practice by Benchmark Litigation and Legal 500 USA; is recognized as a leading practice in Washington, DC, by Chambers USA; and is a recipient of The Financial Times’s “Innovative Lawyers” award for its historic settlement of 10,116 personal injury cases against the City of New York arising out of the rescue, recovery and debris removal operations at the former World Trade Center site on and after 9/11.

We also counsel insurance industry participants on a wide variety of insurance issues outside the dispute context, including the negotiation and placement of insurance programs and policies across most coverage lines; policy drafting and revision; claim submission and administration; insurance coverage analysis; transactional due diligence; internal and governmental investigations of brokers, insurers and other entities involving insurance issues; and unique issues relating to captive insurers and risk retention groups.

Our experience litigating and arbitrating complex insurance and reinsurance disputes informs and enhances our advice on this wide variety of insurance matters outside the dispute context, and vice versa. This breadth of experience gives us an advantage in helping our clients tackle efficiently and effectively their most complex insurance and reinsurance challenges.

Known for their award-winning settlement of over 10,000 September 11 personal injury claims against the City of New York in “the most complex case in the history of American mass tort litigation,” as well as for related insurance coverage litigation victories.