One of the cornerstones of Crowell & Moring LLP's practice is our trial expertise. For years, our attorneys have successfully handled the major trials that have been vital to the continued success of our clients. Drawing from this wealth of experience, a stable of seasoned courtroom attorneys, and the very latest in cutting-edge litigation technology, Crowell & Moring has the resources and capability to try and win the major, high impact litigation that can make or break a company.
Our Trial Practice encompasses a broad range of the firm's practice areas, including Litigation, Antitrust, Business Crimes, Government Contracts, Intellectual Property, Labor and Employment and Environment & Natural Resources. In addition to these traditional strengths, Crowell & Moring has developed unique specialties in emerging areas of the law, including our Victims of Terrorism practice. Our representations include both plaintiffs and defendants and individuals and companies of all types, in industries ranging from manufacturing to telecommunications to insurance to transportation to semiconductors to pharmaceuticals to construction to aerospace. Our representations have included complex commercial disputes involving hundreds of millions of dollars, criminal charges, patent infringements, civil rights allegations and constitutional issues. Our attorneys appear regularly before arbitration panels, regulatory agencies, state and federal trial and appellate courts, and the United States Supreme Court.
C&M's Trial Practice team is broad and deep, and led by nationally recognized trial attorneys—courtroom lawyers who are experienced and comfortable litigating in front of arbitrators, judges and juries. Our roster of trial attorneys includes a former United States Attorney for the District of Columbia, several former Assistant United States Attorneys, a former Deputy Independent Counsel, former Department of Justice attorneys, former law clerks from the United States Supreme Court, federal courts of appeals and district courts, and civil and regulatory trial lawyers with decades of trial experience. We hope you'll give us a chance to brag about our "winning" percentage, which is "second to none."
In addition, Crowell & Moring boasts a dedicated in-house litigation support staff, proficient in the latest trial technologies and cost-saving case management techniques. Our staff aids our trial attorneys in managing document productions, creating witness files, establishing extranet and internet case resources for clients and co-counsel, conducting electronically managed depositions, and producing trial graphics and courtroom video displays. Crowell & Moring also conducts a variety of mock jury and mock arbitration exercises in preparation for trials and oral arguments.
Nearly all clients will come to face at least one major case that they must be prepared to litigate through trial, the outcome of which is crucial to the client's success. Crowell & Moring is a leader in such "bet the company" litigation and, with our team of courtroom litigators, dedicated support staff and the latest litigation technology, we are well-positioned to continue handling the major trials of tomorrow.
Representative Engagements
C&M successfully prosecuted an action on behalf of a class of women suing the United States Information Agency for gender discrimination, obtaining a one-half billion dollar settlement - the largest recovery ever under Title VII of the Civil Rights Act of 1964.
Following a 3-week arbitration, C&M prevailed on all claims in a dispute regarding ownership rights for the largest intermodal transportation terminal on the East Coast, valued at more than $500 million dollars.
C&M successfully litigated a high-profile suit brought by former hostage Terry Anderson against the Islamic Republic of Iran, obtaining a judgment of more than $340 million for Anderson and his family.
C&M successfully defended a public owner in action brought by contractors challenging the default termination of two subway contracts and asserting over $40 million in claims, obtaining an award for the client of $16.5 million pending further proceedings.
Following a four week jury trial, C&M's environmental trial lawyers obtained a verdict of $8.7 million for the City of Delray Beach, Florida against disposer of perchloroethylene which contaminated the City's entire drinking water system.
C&M obtained a multi-million dollar jury verdict representing the owner of a patent covering plastic grocery bags. The jury found wilful infringement, and our client sucessfully licensed the patent to the remaining infringers.
C&M sucessfully represented a leading aerosol valve manufacturer in a jury trial for infringement of its patents pertaining to aerosol valve technology; the Court also awarded enhanced damages based upon a finding of willfulness.
Following a jury trial in federal court in Delaware, the Court entered judgment of infringement in favor of our client on a patent involving differential scanning calorimetry, which was upheld on appeal. TA Instruments, Inc. v. The Perkin-Elmer Corp., 250 F.3d 756 (Fed. Cir. 2000).
To protect our client's next generation technology in an emerging multi-billion dollar market, we quickly obtained a permanent injunction against its chief competitor. The Court also awarded attorney's fees based upon a finding of willful infringement. Knorr-Bremse Systeme Fuer Nutzfahrzeuge v. Dana Corp., 133 F. Supp. 2d 843 (E.D. Va. 2001).
C&M represents the US televisions broadcasting industry in proceedings to allocate royalties paid to the Copyright Office by cable systems and sattelite providers. In the most recent arbitration, we won a cable royalty award of approximately $35 million, and preserved the award on appeal.
C&M successfully defended criminal charges against a transportation company accused of filing false reports with and withholding information from a federal agency, obtaining "not guilty" verdicts on all counts following a jury trial in federal court in Florida.
C&M secured a favorable arbitration award following a 2-week trial in dispute between the two largest East Coast railroads over access to terminal facilities in the northeast, valued at approximately $150 million.
After a week-long trial, C&M obtained a favorable arbitration award entitling our client to monetary payments with a value exceeding $50 million in connection with a capital improvements dispute.
C&M obtained a favorable award on behalf of a major East Coast railroad following a 2-week trial concerning the validity and enforceability of a long-term rail contract with approximately $200 million at issue.
C&M successfully defended the former president of a marine construction company accused of criminal bid-rigging, obtaining dismissal of all charges against our client at the close of the government's case after two weeks of trial in federal court in Texas.
C&M successfully defended a semiconductor manufacturer in a jury trial in federal district court in Florida arising out of breach of contract and business tort claims, obtaining dismissal of majority of plaintiff's monetary claims following the close of plaintiff's case.
Our antitrust trial counsel won a verdict for a railroad defendant in Chicago federal court after a three-week trial on conspiracy and monopolization charges.
Following a 10-day trial, C&M successfully recovered all claimed damages resulting from the government's breach of pre-award representation. Harris Corp., ASBCA No. 26548, 85-3 BCA 18167.
C&M obtained a favorable decision on behalf of a government contractor from the ASBCA, finding that the government's diversion of radios from one foreign customer to another constituted a "constructive change," entitling the contractor to the difference between the contract price and the price for which the radios would have been sold directly. E-Systems, Inc., ASBCA No. 21091, 82-1 BCA 15,774.
C&M conducted a 4-month jury trial in Minnesota involving a insurance policyholder's breach of contract claims arising out of underlying breast implant liabilities.