Practice Areas & Industries: Howrey LLP

Practice Group Overview

Howrey's Global Litigation Practice Group is one of the largest in the world with over 200 litigators who are involved on a regular basis in the litigation and trial of complex business cases. The synergy within the group offers a broad range of services to companies operating nationally and internationally in a broad spectrum of industries that provide goods and services to federal, state and foreign governments, and engage in commercial activities locally and globally. Learn more about our Global Litigation practice in Europe.

Our team develops the strategies needed to litigate the largest and most complex cases. The list of industries with which we work is extensive and diverse, from manufacturing to entertainment and numerous others. Where circumstances allow implementation of longer-term approaches, we work to convert regulatory compliance from a drain on corporate resources to the enhancement of products and services. Global Litigation Highlights:

• Litigated over 1,500 federal and state court cases in 49 states in the last six years.

• Participated in over 495 U.S. Supreme Court and federal and state appeals in the last six years.

• $250 million recovery on behalf of global leader in Internet and telecommunications.

• $3 billion of insurance recoveries for mass torts, environmental liabilities, and other complex cases.

• $42 million DM received for international arbitration sited in Brussels under Cepani Rules.

Services Available

The Global Litigation group focuses on the following areas of law:

• Commercial Trial
• Complex Tort
• Corporate & Transactional
• Corporate Responsibility
• Employment Litigation
• Environmental
• Government Contracts
• Insurance Recovery
• Global Dispute Resolution
• Securities
• Supreme Court & Appellate

Commercial Trial Overview

Howrey Simon Arnold & White, LLP's Commercial Trial group tries complex commercial cases in state and federal courts nationwide, as well as complex arbitration of claims. Since 1996, Howrey has litigated over 1500 federal and state court cases in 49 states and participated in over 495 U.S. Supreme Court and federal and state appeals in the last six years. The expertise of the Commercial Trial group's attorneys extends from state law claims of breach of contract, complex tort, fraud, and tortious interference, employment litigation, insurance recovery, securities, and products liability, to complex federal law claims involving antitrust, environmental, intellectual property, and constitutional challenges to state and federal laws. Our attorneys are knowledgeable in relevant areas of the law and have extensive experience in court every day. The Commercial Trial group also has the expertise provided by the corporate and appellate practice attorneys.

The Commercial Trial group's experience and willingness to go to court and try cases before judges and juries enables the group to negotiate with opposing parties -- both private parties and the government -- from a position of strength and confidence. Our experience has proved that many lawyers today like to litigate, i.e., push paper and take depositions, but few like to stand up in a courtroom and try a case. Our willingness to tell our client's story in court often enables us to obtain the best negotiation and settlement, if settlement is in the best interest of the client.

The group works as an integrated team, combining seasoned trial lawyers with members of other practice areas such as antitrust, complex tort, environmental, intellectual property, insurance recovery, corporate, and Supreme Court and Appellate. Together, the team works to efficiently and creatively communicate the complex and technology-driven worlds of our clients through models that can be easily understood by judges and juries. The group also works closely with Howrey Simon Arnold & White, LLP's affiliate CapAnalysis^TM.

Complex Tort: Overview

Howrey's Complex Tort Group serves as national and international counsel to major corporations in significant product, environmental, toxic tort, and health and safety litigation, including mass torts and class actions. Our lawyers have the know-how and experience to defend today's most complex tort cases, which often supplement traditional tort theories with claims such as fraud, conspiracy, unfair business practices, or environmental violations.

We work as NATIONAL COUNSEL to Fortune 500 companies in areas including asbestos, MTBE, and diesel emissions. In this role we coordinate litigation strategy nationwide, including experts, discovery and trial strategy.

Our broad experience includes the defense of CHALLENGING CASES involving tank farm explosions, liquid hazardous waste fuels, benlate, coke and coal dust, dietary supplements, pharmaceuticals, defective siding, and alleged product design and assembly defects. And we regularly defend government and private claims under Superfund, RCRA, the Clean Water Act (and state equivalents), Proposition 65, and various state unfair business practice statutes.

We understand how to utilize SCIENCE IN THE COURTROOM and present complex technical and scientific information to judges and juries -- whether in Daubert proceedings or at trial. Our professionals have worked with the world's leading experts in fields as diverse as toxicology, epidemiology, neurology, oncology, industrial hygiene, hydrology, chemistry, geochemistry, engineering, warnings, photogrammetry, and economics.

Because tort exposure is not limited by geographic boundaries, we help clients understand and address litigation risk on a GLOBAL basis. We work with clients worldwide minimize domestic tort litigation exposure that might result from their international activities.

The Complex Tort Group delivers SYNERGIES with other members of Howrey's Global Litigation Group. We work with Insurance Recovery lawyers who handle coverage claims involving underlying complex tort claims. These lawyers have extensive experience in a range of consumer product, asbestos, environmental contamination and toxic exposure cases. We also benefit from the regulatory and technical expertise of Howrey's consulting affiliate, CapAnalysis. And our experience doesn't end with trial; Howrey's Supreme Court and Appellate practice has a winning track record on issues ranging from punitive damages to asbestos liability to federal preemption.

Corporate & Transactional Overview

The Corporate and Transactional group is a rapidly growing area of practice serving clients with respect to general corporate, mergers and acquisitions, joint ventures, licensing, commercial real estate, tax, and other commercial matters. Howrey Simon Arnold & White, LLP acts as outside counsel to businesses that vary in size from small start-up enterprises to billion-dollar multinational corporations. We also represent numerous individuals and companies with respect to their personal business, tax, corporate governance, private placements, estate planning, and general commercial matters.

Corporate Responsibility Overview

Howrey Simon Arnold & White's global Corporate Responsibility Practice offers clients a fully integrated, multidisciplinary approach to address corporate behavior in a rapidly changing environment. Through focused counseling and advocacy, backed by a preeminent corporate litigation practice, Howrey provides clients with the necessary tools to achieve "best-in-class" status and enhance shareholder value. They work as an integrated team, partnering with the securities litigation and white collar criminal defense practices in addition to drawing on resources throughout the firm.

Howrey:

• Brings the advantage of focus -- through counseling and advocacy on those areas of greatest risk to the corporation

• Together with its strategic relationships, provides clients:
  • Counseling

  • Defense of civil and criminal government investigations

  • Litigation and trial experience

  • Internal investigations

  • Reputation management and communications

  • Crisis management

  • CEO and corporate public policy positioning

  • Forensic accounting

• Employs an integrated, multidisciplinary approach by:
  • Bringing to bear our depth of experience in risk analysis and advocacy in securities class action defense, SEC investigations, internal or special board committee investigations, antitrust, intellectual property, qui tam actions, environmental and commercial disputes.

  • Drawing on a depth of experience in white collar defense -- including more than 10 former Assistant U.S. Attorneys, along with other former federal prosecutors -- to counsel and defend clients impacted by the current "criminalization" of federal rules and regulations.

  • Utilizing the services of CapAnalysis, a distinctive group of accounting, financial and economic professionals, in a privileged context, to analyze and address critical corporate issues.

  • Offering a global approach to counseling and advocacy by drawing on resources from 10 global offices across the U.S. and European Union. The non-U.S. aspects of corporate responsibility have to be coordinated within the multinational corporation listed in the U.S.

• Customizes counseling and advocacy programs to fit the client's specific needs

• Is "In Court Every Day" and gains counseling insight from seeing current trends in litigation

• Provides forward-looking tactical guidance - allowing corporations to fix vulnerabilities and shore up defenses in a timely manner

Employment Litigation Overview

Howrey's Employment Litigation Group's in-depth and diverse litigation experience uniquely qualifies us to handle the demands of high-risk, dangerous employment litigation cases. Recent employment class actions, individual discrimination claims and cases involving senior management have obtained verdicts of tens and even hundreds of millions of dollars. This is particularly true in California, where even routine discrimination claims expose employers to punitive damages. Settlements of race discrimination and wage and hour class actions recently have been reported in similar ranges. Such cases require a top trial team that can draw from several disciplines, which Howrey suitably accommodates with our strong attorney roster.

Our Employment Litigation Group includes veteran attorneys who are well-versed in substantive employment law issues and who have the trial skills necessary to efficiently handle complex civil litigation, including class actions. Our partners that focus on employment litigation collectively have more than 80 years experience defending and trying a wide variety of employment matters, including discrimination, trade secrets, wage and hour, NLRB, OSHA and ERISA cases. Howrey's lawyers work as an integrated team, combining seasoned trial lawyers who have employment law expertise with members of other practice groups as necessary. This is particularly advantageous for employment cases involving intellectual property or competition issues where our acknowledged worldwide leadership offers our clients unparalleled expertise for defending claims with trade secret or unfair competition implications.

Howrey is a recognized leader for high-profile and high-risk matters, including employment cases. Our lawyers routinely counsel employers to assist them in avoiding or reducing litigation risks from employment actions. However, if employment litigation arises, we are poised to assist companies in their complex, high exposure cases, including the following:

• Discrimination and harassment
• ERISA litigation, including class actions
• Terminations in violation of public policy
• Trade secrets and unfair competition
• Wage and hour class actions
• Whistleblower suits

Environmental Overview

Howrey Simon Arnold & White, LLP's Environmental practice group formulates and implements comprehensive solutions to a broad range of corporate concerns. The group's expertise extends from traditional pollution control and occupational health issues, product safety issues, to the emerging interface between risk-based regulation and competition.

Where immediate compliance and litigation challenges are presented, the team develops strategies that reflect Howrey Simon Arnold & White, LLP's preeminence as a national litigation firm. Where circumstances allow implementation of longer-term approaches, we work to convert environmental compliance from a drain on corporate resources to the enhancement of products and services.

Our attorneys and staff are well versed in all substantive areas of law and have extensive experience in litigation, counseling, transactions, rulemaking, and administrative and legislative advocacy. Through our Environmental Alerts, we notify our clients of potential changes in environmental rules and regulations. The Environmental practice group works as an integrated team, but also calls on the unique expertise of particular group members. The group works closely with the complex tort group as well as Howrey Simon Arnold & White, LLP's consulting affiliate, CapAnalysis^®.

Government Contracts Overview

Howrey Government Contracts offers a complete range of government contract services with focused counseling and advocacy, backed by a preeminent global litigation practice. Our fully integrated, multidisciplinary practice brings the advantage of an unparalleled breadth and depth of experience combined with the resources needed to litigate the largest and most technically complex cases. Our attorneys are committed to winning, and have an enviable track record of doing just that. We also strive to identify low-cost, effective resolutions to legal problems, often through business solutions and informal negotiations. We routinely provide our clients with counseling and advocacy on a wide variety of matters, including:

• Bid Protests
• Claims
• Contract administration, ethics and compliance
• Corporate transactions, including acquisitions and divestitures
• Cost and pricing
• Defense of civil and criminal fraud investigations
• Export controls
• Freedom of Information Act
• Intellectual property and data rights
• International arbitration and litigation
• GSA and VA schedule contracts
• Security clearance revocation cases

  Bid Protests
  We have an active bid protest practice, including engagements for both protesters and awardees defending their contracts. Our experience includes protests before the General Accounting Office (GAO), as well as before various state agencies.

  In American Maritime Officers v. Hart, No. 99-1054 (D.D.C. Oct. 14, 1999), we won a precedent-setting Service Contract Act based protest case against the Maritime Administration and Department of Labor, permanently enjoining the award of 39 contracts worth over $1 billion.

  Claims
  We have wide-ranging experience in the development, preparation, and, when necessary, litigation of complex claims and requests for equitable adjustments under both classified and unclassified programs. We appear frequently before the U.S. Court of Federal Claims, the agency boards of contract appeals, the U.S. Court of Appeals for the Federal Circuit, and various federal and state courts and administrative bodies. We also frequently engage in alternative dispute resolution (ADR) on behalf of our clients. Although numerous engagements have related to claims arising under defense industry contracts, we have also successfully prosecuted and defended many claims on behalf of companies doing business with civilian agencies.

  In Holmes & Narver Services, Inc., et al., we negotiated an ADR agreement that permitted the resolution of twelve administrative claims involving three Air Force Bases and two Districts of the Army Corps of Engineers in a single proceeding. We won four judgments totaling $27 million and reduced Government counterclaims of $3.5 million to $250,000.

  Contract administration, ethics and compliance
  We regularly provide counseling and assistance to our clients on the full range of issues that arise out of the performance of government contracts. Included within this broad realm are performance-related disputes, novations, terminations, and government socio-economic requirements, such as small business programs, labor laws, and the Buy American Act.

  In addition, we have extensive experience in assisting corporate clients in establishing and maintaining compliance programs, including both programs required by consent agreements and ongoing corporate responsibility programs. We routinely conduct internal investigations for clients on a wide variety of government contracting and fraud related issues. We also conduct internal reviews and audits to counsel our clients on the advisability of changes or improvements to existing compliance programs, prepare compliance guidebooks and presentation materials, and make in-house training presentations.

  Corporate transactions, including acquisitions and divestitures
  We negotiate and structure sales, acquisitions, mergers and other corporate transactions involving our clients' government contracting businesses. We have also acted as government contracts counsel to other corporate transactional firms. In addition, we regularly provide counseling on corporate restructuring and novations, and have negotiated advance agreements to mitigate or avoid government claims that may arise out of the "closing" of a business segment. Representative transactions include:

  • Northrop Grumman's $1 billion acquisitions of Comptek Research, Inc., Federal Data Corporation, and Sterling Software (U.S.), Inc.
  • Teledyne's sale of Teledyne Vehicle Systems and its wheeled vehicle and tank related government contract business to General Dynamics Land Systems, including the negotiation of a favorable advance agreement to limit the government's claim for surplus pension assets and allow an offset for the company's post retirement benefit obligations
  • Allegheny Teledyne Incorporated's sale of Teledyne Economic Development's job corps training center government contract business
  • International Paper's sale of Ilford Photo and its imaging government contract business to Doughty Hansen
  • Lockheed Martin Corporation's $9.1 billion acquisition of Loral Corporation. The transaction involved the sale of air traffic control systems, commercial low earth orbit satellites, commercial geosynchronous earth orbit satellites, military tactical fighter aircraft, and unmanned aerial vehicles
  • Ogden's sale of UNICCO Services and its government contracts business
  • Olin Corporation's spinoffs of Arch Chemicals and Primex and their government contracts businesses, including significant counseling with respect to pension issues

  Cost and pricing
  We have extensive experience with government cost and pricing regulations, including the Federal Acquisition Regulation (FAR) cost principles, Cost Accounting Standards (CAS), Truth in Negotiations Act (TINA), and Office of Management and Budget (OMB) Circulars. Our partner Karen Manos is widely recognized as a leading expert on the legal aspects of government contract cost accounting.

  In Teledyne, Inc. v. United States, 50 Fed. Cl. 155 (2001), aff'd sub. nom., Allegheny Teledyne Inc. v. United States, 316 F.3d 1366 (Fed. Cir. 2003), we won a precedent-setting CAS 413 case, significantly limiting government's ability to recoup contractor's surplus pension assets and reducing government claims of $130,815,351 to less than $300,000.

  In Ravenna Arsenal, Inc., ASBCA No. 49349, we negotiated a settlement that allowed Olin Corporation to combine its overfunded pension plans with underfunded plans and use the combined surplus to pay for post-retirement medical benefits and long-term disability benefits for its Army Ammunition Plant employees.

  Defense of civil and criminal fraud investigations
  We have successfully defended several clients in civil and criminal investigations, including actions brought by both the government and qui tam relators. Drawing on a depth of experience in white collar defense -- including the firm's 15 former Assistant U.S. Attorneys and other former federal prosecutors -- we counsel and defend clients impacted by the "criminalization" of government contracts. We have successfully represented numerous clients before agency debarring officials.

  In United States ex rel. Johnson v. Shell Oil Co., No. 9:96 CV 66 (E.D. Tex. Dec. 8, 1998), we won a Rule 26(b)(1) dismissal of claims brought by four of six private qui tam relators against most of the nation's major oil companies.

  In United States ex rel. Kaminski v. Teledyne Industries, Inc., 1997 U.S. App. LEXIS 19192 (6th Cir. Jul. 21, 1997), we won a Rule 12(b)(6) dismissal with prejudice of civil False Claims Act claim brought against Teledyne Industries, Inc. by a government contracting officer, and successfully defended the dismissal on appeal to the Sixth Circuit.

  We successfully defended a government contractor and its corporate officers in a grand jury investigation in the Eastern District of Virginia. The grand jury did not indict, and we negotiated favorable settlements to avoid a civil False Claims Act action and debarment by the Department of the Army.

  Export controls
  We advise a wide range of exporters, including manufacturers and distributors, software publishers and electronic commerce providers, on U.S. export controls laws and regulations. We counsel clients on evolving export policies, such as encryption controls, deemed exports to foreign nationals, and U.S. embargoes and sanctions, as well as the more routine product classification and licensing issues.

  Freedom of Information Act
  We have extensive experience with the Freedom of Information Act (FOIA), ranging from filing FOIA requests on behalf of our clients to litigating FOIA and reverse-FOIA cases. We also counsel clients on strategies for protecting their proprietary information.

  In Center for Auto Safety v. Nat'l Highway Traffic Safety Admin., 244 F.3d 144 (D.C. Cir. 2001), aff'g in part 93 F. Supp. 2d 1 (D.D.C. 2000), we won a cross-motion for summary judgment, successfully preventing disclosure under FOIA of air bag data submitted to the National Highway Traffic Safety Administration by nine automobile manufacturers.

  Intellectual property and data rights
  We have counseled clients on a variety of issues involving technical data rights and computer software under both Department of Defense (DoD) and civilian agency contracts. On behalf of several clients, we have been actively involved in the development of data rights strategies for protection of privately developed items and negotiation of data rights issues with government agencies and private firms.

  International arbitration and litigation
  Working closely with our London office, we have extensive experience in international arbitration, and have the resources to handle a dispute or matter from inception to completion. Whether it is an international commercial arbitration, foreign and multinational court litigation, or resolution of issues arising under U.S. government enforcement of laws governing international business, our team of experienced attorneys is able to meet our clients' needs in the global marketplace.

  GSA and VA schedule contracts
  We routinely counsel clients regarding General Services Administration and Department of Veterans Affairs schedule contracts. These contracts establish government-wide schedules for commercial products and services from which all federal agencies (and certain additional entities) may order items at an agreed upon price and terms. These vehicles create great opportunities to market commercial products to a vast array of government customers. However, specialized clauses used in such contracts -- addressing most favored customers, discount pricing arrangements, price reductions, and specialized audits -- create special risks for commercial contractors seeking to establish or expand their government business.

  Security clearance revocation cases
  We routinely defend clients' employees in security clearance revocation cases. In the past two years, we have won four security clearance revocation cases before the Defense Office of Hearings and Appeals.

Insurance Recovery Overview

Howrey Simon Arnold & White, LLP's Insurance Recovery practice has a national and international reputation for counseling clients, developing creative insurance products and resolving coverage disputes, enforcing coverage rights and obtaining substantial insurance recoveries on behalf of policyholders. Howrey's approximately 50 experienced insurance recovery lawyers set the standard for excellence in this ever-changing and extremely important area of corporate litigation. Collectively, the Insurance Recovery Group has recovered more than $5 billion dollars in benefits in recent years and has represented more than 50 clients in the Fortune 500 list. We resolve disputes under all policy types involving a wide variety of claims including, but not limited to:

• Environmental contamination cleanups
• Toxic torts, products liability and construction defects
• Intellectual property/business torts
• E-commerce claims
• Employment practices
• Antitrust claims
• Business interruption claims
• Entertainment industry matters
• Directors and officers liability
• First party property damage

Our attorneys regularly appear in federal and state trial and appellate courts and are involved in coverage litigation, other insurance-related lawsuits and alternative dispute resolution both nationally and internationally. The group has successfully employed a range of legal methods, including mediation, arbitration, mini-trials and various hybrid proceedings.

Howrey Simon Arnold & White, LLP's affiliate, CapAnalysis, provides the group with financial, economic and scientific expertise that enhances our recovery efforts. Our ICAP program has been developed for the insurance recovery practice for use in complex insurance litigation and settlement negotiations. Our success in large environmental, product, and other cases is attributable to the depth of knowledge of our Insurance Recovery attorneys combined with Howrey Simon Arnold & White, LLP's extensive litigation resources, including our commercial and appellate litigators.

Global Dispute Resolution Overview

An Integrated Transatlantic Approach

Howrey is unique among international law firms in that it specialises in complex litigation and international arbitration as a principal practice area. Howrey's Global Litigation Group worldwide comprises more than 200 litigation lawyers located in 11 offices and a client base that includes 40 global 500, and 65 Fortune 500 companies. We aim to provide our clients with the best advice available in all areas of dispute resolution.

As part of the Global Litigation Group, the Global Dispute Resolution Practice's areas of specialisation include experience relating to global litigation, arbitration and ADR, and insurance recovery matters.

Our global mission is:

'to provide first class legal services to our clients in all areas of commercial dispute resolution and to provide those services on the basis of an innovative understanding of each client's business and objectives.'

As part of the Global Litigation Group, the Global Dispute Resolution team in the US and Europe has access to the extensive resources, which would be expected of the leading litigation practise worldwide, including the use of innovative technology through a state-of-the-art multi-media department and litigation support group.

Howrey is globally committed to be at the forefront of using new technology to reduce litigation costs, increase efficiency and delivery of service and to communicate more effectively with Judges and Arbitrators.Howrey in the US and Europe also utilises the affiliated economic and financial experts at The CapAnalysis Group, LLC, (link to their site) to help identify critical economic, financial, and regulatory issues in a dispute.

Global Litigation

Howrey's global litigation capabilities are not limited by the physical or geographical location of its offices, lawyers or its clients. Howrey's global dispute resolution practitioners based in Europe and the United States regularly represent Howrey's clients in court and arbitral proceedings in other parts of the world such as Asia, the Middle East and Eastern Europe. This reflects the fact that Howrey's clients conduct business on a global scale. Howrey seeks to respond to its clients' needs by providing specialist litigation support wherever its clients need assistance in the Dispute Resolution arena. Howrey frequently acts as coordinating counsel in multi-jurisdictional disputes and has access to a comprehensive network of highly respected foreign law firms skilled in the practice of litigation. It is this which differentiates Howrey and makes it the firm of choice in Global Dispute Resolution.

Howrey has responded to the changes brought about by the harmonisation of commerce within Europe and to the vast increase in pan-European litigation by developing an integrated dispute resolution practise with the capability of advising clients in Europe. In this respect, Howrey aims to emulate the firm's success in the United States as leaders in complex dispute resolution and to assure Howrey's clients that their matters will be successfully handled, regardless of geographic location, industry or area of law. Responding to our clients' needs Howrey has developed a team of leading litigation practitioners with widespread experience of conducting disputes before the principal European Commercial litigation courts and arbitral fora.

Arbitration and ADR

Arbitration is fast becoming the preferred choice for resolving international commercial disputes, while London is consolidating its pre-eminence as the leading international arbitration centre. The attractions of arbitration are undeniable: procedural flexibility, the principle of privacy and confidentiality of the proceedings and of the award, the potential for achieving a speedier and more cost effective result, and the ability to choose a neutral venue for hearings, are some potential advantages of arbitration over traditional court litigation. Furthermore, arbitration awards are often much more readily enforceable internationally than court judgments.

Howrey's team is experienced in dealing with all types of domestic and international arbitration proceedings, whether held under the rules of arbitral institutions (such as the Court of Arbitration at the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA)) or on an ad hoc basis. Our comprehensive experience includes drafting arbitration agreements, conducting arbitration proceedings world-wide, obtaining judicial assistance for foreign arbitration proceedings before the English courts; and enforcement of arbitration awards.

In addition to litigation and arbitration, Howrey advises upon mediation and other ADR techniques, which can be a cost effective and quick way of resolving disputes. Howrey advises clients on the most appropriate way to resolve commercial disputes, on the basis of their clear understanding of the client's business and their particular needs and objectives.

Recovering Losses

Howrey has an international reputation for resolving insurance coverage disputes, developing creative insurance products, and obtaining substantial recoveries on behalf of policyholders. Howrey's insurance recovery practice is one of the largest and most successful policyholder practices and comprises more than 50 lawyers worldwide. It has obtained insurance recoveries, through litigation (or other forms of dispute resolution) or negotiation, of sums in excess of US$5 billion in a wide range of industries and insurance claims. The global nature of the practice is highlighted by the fact that Howrey's London litigation team recently worked with Howrey insurance recovery attorneys in Los Angeles to obtain the dismissal of a suit brought by Lloyd's Syndicates in the High Court, London, to seek to deny insurance coverage.

Areas of Specialisation

Howrey's practitioners handle disputes covering the entire spectrum of the corporate and commercial world, including:

Antitrust

Banking & Financial Services

Breach of Contract

Clinical Negligence

Debt & Asset Recovery

Fraud

Insolvency

Insurance Coverage

Intellectual Property

International Trade & Commodity

Product Liability

Tort

Joint Venture

Howrey also represents clients in a wide cross-section of the international business community, including:

• Art, Media and Entertainment
• Banking & Financial Services
• Construction and Engineering
• Energy
• IT
• Manufacturing
• Sport
• Transport
• Telecommunications

Securities Overview

Howrey has extensive experience representing clients in securities class action lawsuits, Securities and Exchange Commission and other regulatory investigations, shareholder derivative actions, internal investigations and white-collar criminal proceedings in all parts of the United States. With a major role representing significant clients in the Enron, Global Crossing and MicroStrategy cases, Howrey is at the forefront of firms nationwide handling high profile, high stakes proceedings and litigation in this highly specialized field. With experienced securities litigators and former prosecutors in Washington, D.C., Chicago and California, as well as our in-house accountants and economists with Howrey's CapAnalysis affiliate, we are poised to provide the highest quality legal representation to the entire range of companies and individuals typically involved in such actions, including corporations, officers and directors, investment banks and other financial institutions, accounting firms and law firms. Our areas of expertise include the following:

Parallel SEC and Other Governmental Proceedings -- SEC enforcement investigations, hearings before congressional committees, Department of Justice or grand jury inquiries, shareholder class actions, shareholder derivative actions alleging breach of fiduciary responsibility, internal investigations by the audit committee of the board of directors, and heightened scrutiny by the press.

Class Actions -- Defense of actions on behalf of corporate defendants, officers and directors, investment bankers, accounting firms, law firms and others typically named as defendants in securities class actions.

Shareholder Derivative Suits -- Derivative actions brought by shareholders against officers and directors, including those involving special litigation committees and "the business judgment rule" to limit and often terminate derivative suits at the pretrial stage. White-Collar Criminal Proceedings - Department of Justice or grand jury investigations growing out of securities law issues, such as insider trading, market manipulation and earnings management.

Internal Investigations -- Representation of audit committees, special committees and boards of directors in internal investigations.

Mergers and Acquisitions -- Represent strategic and financial buyers, targets, investment bankers, special board committees and significant shareholders in a variety of related merger and acquisitions and corporate control litigation, including challenging or defending the exercise of a board's fiduciary duties, challenging or defending hostile gender or exchange offers, proxy contests, disputes over standstill and no-shop agreements and minority shareholder actions.

Supreme Court & Appellate Overview

A key component of Howrey's nationwide litigation is the firm's extensive appellate practice. The attorneys in Howrey Simon Arnold & White, LLP's Supreme Court and Appellate Litigation group have decades of appellate litigation experience at the highest levels -- more 495 cases litigated in federal and state appellate courts, including 50 arguments in the Supreme Court.

• As reflected on our litigation map, during the last six years, the firm has appeared in the United States Supreme Court, in all U.S. Courts of Appeals, and in numerous state appellate courts.

• In each of the last five Terms, the firm has filed amicus briefs on the prevailing side in the United States Supreme Court. Last Term, the firm argued and prevailed in a major constitutional case in the Supreme Court. During the current Term, the firm has been retained to represent a party on appeal to the Supreme Court in an important commercial case.

• Appellate attorneys work closely with the firm's trial teams in all firm practice areas to develop and implement overall litigation strategies.

• Using state-of-the-art technology, these collaborations provide our clients with experienced teams that present clear, persuasive, effective legal arguments in highly technical fields.

• Howrey Simon Arnold & White, LLP provides a full range of additional appellate services to its clients.

CapAnalysis

CapAnalysis, an affiliate of Howrey Simon Arnold & White, provides economic, financial, statistical, and regulatory expertise to assist clients in all types of antitrust, intellectual property, securities, and complex business litigation; corporate investigations; regulatory compliance; business and intellectual property valuations; mergers and acquisitions; insurance recovery and business interruption claims; environmental and asbestos liabilities; and numerous other matters.

CapAnalysis identifies key questions, builds solid analytical foundations that can sustain critical challenge, and communicates findings comprehensively and persuasively.