United States: WilmerHale 2014 in Review

We want to take this opportunity to express our thanks as we look back on an exciting year that marked the successful conclusion to our first decade as WilmerHale. There is no greater testament to the vision that drove our 2004 merger than the caliber of the work entrusted to us by our clients in 2014. We are profoundly grateful for your support, and proud to share some of the year's accomplishments.


Many of our largest matters of the past 12 months crossed disciplinary boundaries, as clients called on us to navigate multifaceted legal and strategic challenges. We worked with leading companies and financial institutions facing sensitive government investigations and related proceedings on issues ranging from high-frequency trading and market access to government contracting and whistleblower claims. Our strategic response and cybersecurity teams—joined by some of the notable senior laterals who came to the firm in 2014—worked with Target and other household-name clients to respond to many of the most significant cyber breach incidents in recent history.

Highlights of the year included a precedent-setting Federal Circuit decision for Apple that threw out $360 million in patent damages awarded to patentee VirnetX, and a US Supreme Court victory for POM Wonderfulone of five US high court wins for the firm in 2014. We also succeeded in the rare feat of persuading the European Union's highest court to grant a notable reduction in fines imposed on a client for alleged cartel participation. At the same time, we secured successful settlements in a diverse range of significant trials and arbitrations with billions of dollars at stake, obtained victories in securities class actions and prominent bankruptcy and other litigation, handled major capital markets transactions, and established our leadership position in the new field of post-grant patent proceedings.

Each of our departments made critical contributions to our success in 2014. Below, we share a brief cross-section of their achievements.

Litigation/Controversy. In 2014, our litigators obtained victories at all levels of the US justice system and internationally. We achieved a significant win when a FINRA arbitration panel denied a receiver's claims against our client Jefferies in the wake of the collapse of a Colorado Ponzi scheme in which a now-disgraced investment adviser had cleared and settled trades through our client's clearing division. For Facebook, we secured an important win in a German appeals court, blocking a state data protection order that would have required companies to deactivate their Facebook fan pages. Two weeks into a California jury trial, we achieved a global settlement of all patent disputes involved in the long-running "patent war" between our client MediaTek and Freescale, the resolution coming immediately after we won judgment as a matter of law on the key asserted patent. Among many important Federal Circuit wins, we secured the affirmance of a previous victoryat the US International Trade Commission preventing X2Y Attenuators from excluding the import of billions of dollars' worth of Intel, Apple and HP products into the United States, and obtained the court's backing of a 2013 jury verdictthat LogMeIn's remote access products and services do not infringe a patent asserted by 01 Communique Laboratory.

Intellectual Property. Our IP Department marked a significant milestone in 2014, filing its 100th interpartesreview (IPR) since the passage of the America Invents Act. We have thus far secured victory in nine IPRs that have reached final decisions on the merits. At the same time, we filed more than 1,990 patent applications—for clients including a developer of photovoltaic energy technology; a biotech company working on the treatment of breast cancer, leukemia and lymphoma using polypeptide variants; many startups in the cybersecurity space; and a number of prestigious universities—and more than 3,300 trademark applications in the United States and Europe. Our IP lawyers played a critical role in many of the most high-profile patent litigation matters handled by the firm in 2014, as well as numerous trademark disputes. One notable success was a favorable settlement obtained for pro bono client ChapterHouse Studios in its dispute with Games Workshop, maker of the Warhammer 40,000 tabletop role-playing game. Games Workshop had sued our client for trademark and copyright infringement with respect to the latter's production of game piece accessories that allowed players to customize Warhammer models.

Regulatory and Government Affairs. We expanded our capabilities in the cybersecurity, defense, education, healthcare and intelligence sectors, and led the field representing a multitude of clients in congressional investigations. High-profile clients turned to us for help navigating government disputes on a diverse range of issues, including a large IT company involved in a copyright and contractual dispute with an entity created to develop and operate a state health insurance exchange under the Affordable Care Act. We undertook the creation of a best-in-class ethics and environmental compliance program for Pacific Gas and Electric, and helped some of the nation's top universities address the challenging issue of campus sexual misconduct. Our antitrust lawyers assisted companies with merger filings for major acquisitions—including global oilfield services company Baker Hughes in its proposed acquisition by Halliburton for $35 billion—and helped clients respond to civil and criminal antitrust probes. Key examples included our successful representation of Chesapeake Energy in investigations and litigation stemming from allegations of "bid-rigging" in Michigan oil and gas leasing, and our ongoing work for Cephalon in a case poised to become the first "reverse payment" Hatch-Waxman matter tried by the Federal Trade Commission in the wake of Actavis.

Securities. Our securities lawyers played a critical role in many of our largest and most significant matters at the nexus of congressional inquiries, litigation, and law enforcement and regulatory proceedings, while assisting clients on many other aspects of their most sensitive crises. Although many of our matters—including a number of our greatest achievements of 2014—remain confidential, we successfully advised clients in connection with investigations and contested proceedings pertaining to diverse issues, including high-frequency trading, insider trading, cybersecurity, and broker-dealer and investment adviser rules and regulations. Key matters also involved accounting for mineral leases; insurance contract sales; securities sales practices; auditing standards; US and non-US anti-corruption rules; and sales of, and accounting for, mortgages and mortgage-related securities. We secured an important victory for a successful direct-selling company, when a federal district court dismissed all fraud claims in a shareholder class action lawsuit. In the regulatory arena, a highlight was our engagement by a consortium of all of the equities and options exchanges in the United States to provide guidance in connection with the development of a market-wide Consolidated Audit Trail (CAT) mandated by the SEC. The CAT is intended to enhance regulators' ability to monitor and analyze trading activity. Our broker-dealer team also formulated the documentation for the first bilateral Bitcoin swap transaction and helped our client secure CFTC permission to list the first Bitcoin swap contract for exchange trading.

Transactional. The Transactional Department had a very successful 2014, maintaining its focus on the technology, life sciences and financial services sectors. All of its practices—Bankruptcy and Financial Restructuring, Corporate, Labor and Employment, Real Estate, and Tax—played a critical role. We served as issuer's counsel or underwriters' counsel in more than 50 public offerings and Rule 144A placements raising approximately $13 billion, including 10 initial public offerings, and represented clients in M&A and technology licensing transactions with a dollar value in excess of $15 billion. Key deals of the year included Analog Devices's acquisition of Hittite Microwave for $2.5 billion; Durata Therapeutics's acquisition by Actavis for $675 million; and FMS Wertmanagement's sale of a portfolio of highly complex commercial real estate loans. Other highlights included Ophthotech's ex-US licensing commercialization collaboration with Novartis for Fovista, Ophthotech's drug for the treatment of wet age-related macular degeneration, and IPOs for Cerulean Pharma and Tokai Pharmaceuticals. We represented prominent venture capital funds and innovative emerging companies in closing hundreds of private financings raising more than $8 billion. Our Emerging Company Practice unveiled WilmerHaleLaunch.com, a website offering vital information, tools and connections for startups. Our bankruptcy lawyers successfully settled massive US federal environmental and civil RICO claims relating to the bankruptcy of Getty Petroleum, and represented secured noteholders in the high-profile bankruptcies of Energy Futures Holding Corp. and Momentive.

Pro Bono and Community Service. We were proud to perpetuate our culture of service through important pro bono work and volunteer efforts. We helped achieve a life-changing victory for longtime client Henry Lee McCollum when new DNA evidence prompted his exoneration and release from prison after 30 years on North Carolina's death row. Working with the NAACP Legal Defense and Education Fund, our lawyers secured a landmark civil rights victorywhen a federal court in Texas struck down the state's highly restrictive voter photo identification law as unconstitutional and as a violation of section 2 of the Voting Rights Act. We obtained two significant US Supreme Court wins—onereversing a Massachusetts law restricting speech near reproductive healthcare clinics that perform abortions, and the other prohibiting Florida's use of a clinically arbitrary IQ test score cutoffto determine whether an individual has an intellectual disability and is thus ineligible for the death penalty. Other high-profile pro bono wins included the successful settlement of federal litigation over the denial of a Norwalk, Connecticut, zoning permit for our client, the Al Madany Islamic Center of Norwalk, to build a mosque; our work, with the Department of State, to secure the prison release and admission to the United States of a Vietnamese human rights advocate; and our victory on behalf of Congressman Chris Van Hollen concerning political campaign donor disclosure.

Your confidence and support have made it possible for us to embrace the challenges and opportunities of the past 12 months and deliver notable results. We look forward to the year ahead, in which we have pledged a renewed focus on competitive budgets and rigorous matter management to ensure that we deliver a level of value and service that matches the quality of our legal work.


The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
WilmerHale
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
WilmerHale
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions