Crowell & Moring LLP

The Complex Litigation Group provides a world-class litigation and trial capability in the areas of intellectual property, antitrust, and complex commercial disputes. The group is comprised of approximately 30 partners and 30 counsel/associates, making it one of the largest practice groups in the firm. The CLG is positioning itself as a breeding ground for first-chair trial lawyers, placing a heavy emphasis on attorney training and courtroom experience to ensure we are providing our clients with the best possible service.

In the intellectual property arena, our practice focuses on patent infringement litigation spanning a wide variety of technologies, with particular emphases on the telecommunications, computer hardware and software, consumer electronics, automotive, and aerospace industries. We have handled cases in federal district courts across the country, and we routinely cross-staff cases with attorneys from our Irvine office. The partners in our group have significant jury and bench trial experience in patent cases, with a growing track record of successful results for our clients. Our practice tends to be weighted towards defense work, but we have also handled a significant number of offensive cases. Several of our partners have technical backgrounds, but we also work closely with the specialized patent attorneys in the IP Group. Other areas of emphasis for our practice include “Section 337” cases before the U.S. International Trade Commission, trade secret misappropriation cases, trademark and trade dress infringement actions, and copyright infringement actions.

Our antitrust litigation practice is broader than most, encompassing both plaintiff and defense work. On the plaintiff side, we have one of the nation’s leading antitrust recovery practices, and indeed we have been at the forefront of the development of this rapidly-growing field. Antitrust recovery actions are a way for companies to generate revenue if they have been harmed -- typically through overcharges associated with collusion among the company’s suppliers. We also are experienced in antitrust class action defense. We have been involved in virtually every major national class action antitrust litigation in the past 20 years in industries ranging from airlines to pharmaceuticals to chemicals. For example, we are representing DuPont in chemical price fixing cases and AT&T as national counsel in DSL pricing litigation. We also are experienced with all phases of defending civil and criminal antitrust litigations and investigations.

In the area of complex commercial disputes, we handle a variety of high-stakes commercial and business tort cases involving contract, business fraud, corporate governance, defamation, property rights, and commercial real estate disputes. The group has extensive experience with class actions, multi-district actions, and multi-party proceedings in both federal and state courts throughout the country and is also well known for its regional practice in the courts of the District of Columbia, Maryland, and Virginia. The group has a thriving alternative dispute practice involving both domestic and international arbitrations. Among the wide range of matters the group has handled recently are serving as national coordinating counsel for a major railroad in serial litigation involving class action allegations of business torts and property rights violations; multiple claims and class action allegations involving alleged business fraud and consumer protection violations relating to the marketing of life insurance products; a large commercial dispute between a major mining company and a heavy equipment manufacturer; a large international RICO matter; and a series of complex contract arbitrations, both domestic and international, on behalf of a Fortune 500 company.

Representative Engagements

• In the Matter of the Arbitration between J.B. Hunt Transport, Inc.* and The Burlington Northern Santa Fe Railway Co., AAA Case No. 71 181 Y 00490 04, hearing March and April 2005 (contract dispute).
• Star Scientific, Inc.* v. R.J. Reynolds Tobacco, Case No. MJG-01-CV-1504 (D.Md.) (consolidated with Case No. MJG-02-CV-2504), Jan.-Feb. 2005 (patent infringement; inequitable conduct bench trial).
• Europe Combined Terminals b.v. (“ECT”) v. Sea-Land Service, Inc.,* NAI 2541, July, 2002 (international contract dispute).
• CSX Transportation, Inc.* v. Qwest Communications International, Inc. and Qwest Communications Corporation, Case No. 99-412-Civ-J-21C (breach of contract) (jury trial; settled during trial).
• In the Matter of the Arbitration Between SL Service, Inc.* and Aktieselskabet Dampskibsselskabet Svendborg, Dampskibsselskabet Af 1912, Aktieselskab. AAA Case No. 50 J 153 00267 00, June, 2000 (post-closing purchase price adjustment dispute).
• In the Matter of the Arbitration between CSX Intermodal, Inc.,* and SL Service, Inc., and Union Pacific Railway Company, June, 2000 (contract dispute).
• Delta Mine Holding Co.* v. AFC Coal Properties, Inc., 280 F.3d 815, C.A.8 (Mo.) (arbitration hearing).
• CSX Corporation* v. Norfolk Southern Corporation, AAA Case No. 16 Y 181 00145 98 (Conrail capital balancing dispute) (merger and sale agreement dispute), November, 1999.
• CSX Corporation* v. Norfolk Southern Corporation, AAA Case No. 53 181 00250 08 (Seneca Yard arbitration) (merger and sale agreement dispute), April, 1999.
• CSX Corporation* v. Norfolk Southern Corporation, AAA Case No. 16 181 00173 98 (Kearny Yard arbitration) (merger and sale agreement dispute) March 8, 1999.
• TA Instruments* v. The Perkin-Elmer Corporation, Case No. 95-CV-545, U.S. District Court for the District of Delaware, January-February 1998 (patent infringement) (jury trial).
• In the Matter of the Arbitration Between Seminole Electric Cooperative, Inc. and Mt. Vernon Transfer Terminal, LLC,* AAA Case No. 16Y181 000060 00, 1998 (coal contract dispute).
• Mobil Oil Corporation* v. BPI Packaging Technologies, Inc., Inteplast Corporation and Integrated Bagging Systems Corporation, U.S. District Court for the District of Delaware, April, 1998 (patent infringement) (jury trial).
• In the Matter of the Arbitration Between Meadowlark, Inc.* and AFC Coal Properties, Inc. (Saline County Lease suspension), April-May 1998 (long-term lease dispute); appeal: Delta Mine Holding Company, et al., v. AFC Coal Properties, Inc., No. 00-3646.
• Aptar* v. Summit, U.S. District Court, Northern District, Illinois, January, 1997 (patent infringement) (jury trial and bench trial).
• In the Matter of the Arbitration Between MCI Telecommunications Corporation and CSX Transportation, Inc.,* AAA No. 16 199 00095 96, September, 1997 (breach of contract).
• Webster County Coal Corporation* vs. Big Rivers Electric Corporation, Commonwealth of Kentucky, Webster Circuit Court, Civil No. 94-CI-007, October, 1995 (breach of contract) (bench trial)
• CSX Transportation Inc. et al.* v. Continental Ins. Co., et al, No. 49, Sept. Term, 1994, Md.App.
• Shand Mining Inc.,* EIW Dispute September 1994.
• Florida East Coast Railway Co. v. CSX Transportation, Inc.,* Case No. 91C7063, United States District Court for the Northern District of Illinois, Eastern Division, December 21, 1994 (alleged breach of contract, declaratory judgment and violation of the Sherman Act Section 2) (bench trial).
• Playtex, Inc.* v. Columbia Casualty Co., Delaware Superior Court (Judge Susan C. Del Pesco), 1991 (Insurance coverage – “maintenance deductible” – Plaintiff’s judgment after trial) (bench trial).
• St. Paul Fire & Marine Ins. Co.* v. Dresser Industries, Inc., 972 F.2d 341 (Table, Text in WESTLAW), Unpublished Disposition, 1992 WL 189491 (4th Cir.(Md.), August 10, 1992) (NO. 91-2238) (jury trial) (fraud).
• Danielsen v. Burnside-Ott Aviation Training Center, Inc.,* 941 F.2d 1220 (D.C. Cir., August 16, 1991) (wage and hour case).
• St. Paul Fire and Marine Ins. Co.* v. Children's Hosp. Nat. Medical Center, 670 F. Supp. 393 (D.D.C., June 3, 1987) (NO. CIV. A. 86-2069) (insurance coverage).
• Indiana-Kentucky Elec. Corp.* v. Green, 476 N.E.2d 141 (Ind.App. 1 Dist., April 1, 1985) (NO. 1-1183 A 364) (breach of contract)
• Neumann v. Vidal,* Civil Action No. 81-0459., United States District Court for the District of Columbia, 1981 U.S. Dist. LEXIS 17689; 1982-2 Trade Case (CCH) P64,934, November 9, 1981 (antitrust) (jury trial)
• Miracles & Marvels v. Todd MacFarlane Productions, Inc., et al.,* W.D.Wis., 2003 (One week “rocket docket” jury trial involving violation of moral rights, copyright and trademark infringement, false advertising, and violation of rights of publicity. First chair representing defendant and sub-licensee Image Comics, obtained dismissal of moral rights and copyright infringement counts on eve of trial, plus directed verdict on false advertising claim. Limited award to $40,000 on right of publicity claim against client and its co-defendant licensor (appeal pending).
• TiVo Inc.* v. EchoStar Communications Corp., E.D. Tex., 2006 (Three week patent infringement jury trial. Special Counsel for plaintiff responsible for conducting blind cross-examinations of Broadcom Corp. technical witnesses. Broadcom makes the communications chips contained in set-top boxes sold by defendant EchoStar. Jury awarded $74 million, increased to $90 million with interest).
• The Newhope Corporation, et al. v. Yamaha Electronics Corporation USA, Inc.,* Cal. Sup. Ct., 2006 (Three week trial scheduled on promissory fraud claim seeking $45 million. Lead trial counsel representing defendant; obtained nonsuit on first day of trial).
• Waste Management, Inc. v. Stonewall Ins. Co. (bench trial in N.J. state court) (insurance coverage case).
• Williams Pipeline, Inc. v. INA (jury trial in Tulsa, OK) (insurance coverage case).
• Steel Ltd. Partnership v. Caldor, Inc. (Contract case. Bench trial in E.D. Va.).
• STX v. Maryland National Bank, Circuit Court for Montgomery County, Maryland, 1994 (lender liability action on behalf of telecommunications company (defense verdict).
• United States v. Gillespie and Hines, United States District Court for the Eastern District of Virginia, 1995 (defense of criminal charges) (mixed verdict).
• Herbalife v. Norman E. Friedman, AAA Arbitration in Pasadena, California, 1998 (arbitration over severance of corporate officer).
• Greyhawk v. Weichert Realtors, Inc., Superior Court for the District of Columbia, 1996 (representation pf plaintiff claiming tortious interference in connection with business acquisition) (defense verdict).
• PGI, Inc. v. Charles & Harry Schwartz, Circuit Court for Arlington County, Virginia, 2000 (breach of contract action arising from sale of business) (favorable settlement at conclusion of trial).
• APS Healthcare, Inc. v. Coventry Health Care, Inc., AAA Arbitration, New York City, 2005 (KPH represented APS Healthcare claiming that Coventry Health Care improperly terminated two of APS’s health plans in violation of the parties’ contract. APS also alleged that Coventry had underpaid it. After a two-week arbitration, the AAA Panel awarded APS $3.5 million in damages. Coventry appealed the decision to the Circuit Court for Montgomery County which confirmed the decision and awarded post-judgment interest at 10% per annum).
• Weichert Co. of Maryland v. Avery-Hess and Charles Smith, Circuit Court for Montgomery County Maryland, 2006 (KPH represented Weichert in an action against a former manager of one of its Montgomery County offices, Charles Smith, and his current employer, Avery-Hess, Inc., a competing realty company. Smith had an employment agreement with Weichert that included a non-solicitation agreement and non-compete provision. When he left Weichert’s employ, he began to solicit Weichert’s employees. When he was asked to cease and desist, he continued. Weichert sued Smith for breach of the Agreement and Avery-Hess for tortious interference. After a one-week bench trial, the court ruled in Weichert’s favor, enforced the contract language and awarded damages and attorneys’ fees).
• U.S. v. Turkish*, S.D.N.Y., 1977 (criminal tax fraud; crude oil futures market manipulation) (20 week trial in S.D.N.Y.; split prosecution verdict) (jury trial).
• Federation of Jewish Philanthropies v. United Industrial Syndicate, Inc.,* et al., 1978 (advisory jury; action to compel payment of dividends on gifted preferred stock) (Judge directed defense verdict, with quick settlement following. Sup. Ct. N..Y. Cty.).
• Kirk* v. Rivella, S.D.N.Y., 1980 (civil jury trial; termination of U.S. beverage distributorship) (defense verdict after two week trial) (jury trial).
• Koret, Inc.* v. Christian Dior S.A., et al., Sup. Ct. N.Y. Cty (Justice Harold Baer), 1987 (four week jury trial) (breach of letter of intent to form joint venture) ($1.5MM plaintiff’s verdict).
• Bunzl U.S.* v. Rabinowitz, D. N.J. Judge Sarokin, 1990 (Bifurcated trial – bench trial on breach of post-employment restrictive covenant. Injunction granted; jury trial (3 days) on damages -- $175,000 verdict).
• Chase v. AXA Re and AIG-Europe v. Stirling Cooke Brown Reinsurance Brokers Ltd.,* Sup. Ct. N.Y. Cty., 2001 (six week jury trial – verdict for plaintiff and third-party defendant) (insurance fraud and breach of contract).
• New Virginia Squires v. American Basketball Ass’n,* SDNY, 1977 (letter of credit forfeiture claim – 2 days of hearings. Judgment for defendant on counterclaim) (bench trial).
• Giallanza v . Stenbeck, et al.,* N.D. Cal. – Judge Conti, 1985 (three week bench trial in 10b-5 civil case)(Defense judgment).
• Playtex, Inc.* v. National Union Fire Ins. Co., Delaware Superior Court (Judge Susan C. Del Pesco), 1993 (insurance coverage – “drop down” – two week trial – defense verdict) (bench trial).
• JMB Arvida Partners LP v. Raleigh Capital Associates,* a joint venture among Carl Icahn, Lennar Corporation, Westbrook Partners LLP and Apollo Real Estate Advisors LLP (takeover -- voting rights for assignees of limited partnership interests), (Del. Chancery Court), 1997 (one week trial – judgment for defendant) (bench trial).
• Carballal v. Private Merchant Investment Bank, Inc.,* Del. Chancery Court, 1999 (one week trial (shareholder voting rights and stock certificate ownership dispute)) (defense verdict) (bench trial).
• Millcom, Inc.* v. E.F. Johnson & Co., Inc., AAA-Minn., 1986 (cellphone development contract – 4 months of hearings - inconclusive award) (arbitration).
• Miltope Inc.* v. RX Blood Insurance Co., Inc., AAA-Phoenix, 1986 (3 weeks of hearings (actuarial reserve dispute – post acquisition) plaintiff’s award) (arbitration).
• Wall Street Associates* v. Securities & Arbitrage L.P., et al., AAA-NY, 1988-94 (5-1/2 years of hearings) (10 b-5 and breach of fiduciary by general partners) ($8.5MM award to plaintiff – co-first chair with Ed Brodsky) (arbitration).
• U.S.F.L.,* 1984-86 (scores of arbitrations under C.B.A.) (numerous fora all over the country – employment disputes) (arbitration).
• Playtex, Inc.* v. McCall Pattern Company, AAA-NY, 1984 (Post-acquisition accounting disputes – split award) (arbitration).
• Arcade Inc. v. Arcade International Inc.,* AAA-NY, 1992 (9 months of hearings) (post termination European distributor dispute; accounting; trademark dispute; injunctive, declaratory and monetary relief awarded to respondent) (arbitration).
• Banyan Mortgage Real Estate LP* v. Leonard Levine, AAA-Chicago, 1994 (severance pay dispute (cause or no cause) – plaintiff award (“baseball” arbitration)).
• Tropical Sportswear, Inc.* v. [Selling Shareholders], AAA-NY, 1995 (7 weeks of hearings) -- post-acquisition accounting disputes – split award (arbitration).
• Richard Abbe* v. Gruntal & Co., Inc., AAA-NY, 2001 ($2.25MM award)(arbitration).
• Levenson* v. Gruntal, NYSE, 2001 ($575,000 award)(arbitration).
• Leo Abbe* v. Gruntal & Co., Inc., AAA-NY, 2002 ($2.55MM award) (arbitration).
• Jeffrey Berman* v. Gruntal & Co., Inc., AAA-NY, 2002 ($2.55MM award) (arbitration).
• NYSE v. Oscar Gruss & Co., et al.,* NYSE, 1994 (recordkeeping issues relating to short sales – award against corporation but not against officers) (regulatory hearing).
• NASD v. Oscar Gruss & Co.,* NASD, 1995 (pink sheet fraudulent listing issues – defense award) (regulatory hearing).
• Recon/Optical, Inc.* v. Government of Israel, No. 13T-199-0501-86, American Arbitration Association, 1992 (Confidential International Arbitration) (Publicly reported result (Wall St. Journal) of finding that Government agents improperly took contractor’s secret data).
• Government of Israel v. Singer Co.,* No. 13T-199-00482-88, American Arbitration Association, 1992 (Confidential International Arbitration) (dispute arising from termination of contract).
• Zupnik* v. Daniels, et al., C.A. No. JH-88-3210, U.S. District Court for the District of Maryland, 1991 (trial to a jury in partnership dispute resulting in zero award for each side).
• Protest of The Citizens and Southern National Bank, GSBCA No. 9721 P, General Services Administration Board of Contract Appeals, 1988 (GSA administrative trial resulting in defeat of protest and award to Riggs National Bank* of contract with the Federal Reserve Bank) (regulatory hearing).
• OSP Consultants v. Harris Corp.,* C.A. No. 91-889-A, U.S. District Court for the Eastern District of Virginia, 1992 (defense verdict) (we represented the defendant in case involving alleged breach of a teaming agreement) (jury trial).
• CPSC v. Honeywell,* Consumer Product Safety Commission (settlement at the conclusion of proceedings in case seeking recall of gas valves).
• First State Insurance. Co., et al. v. Minnesota Mining and Manufacturing Co., No. C3-00-1644, Minnesota State Court, 2000, (jury trial in insurance matter involving policyholder claims of bad faith and various defenses; tried to a neutral outcome (no bad faith/no absolute defense)).
• Mergentime Corp. v. Washington Metropolitan Area Transit Auth.,* C.A. No. 89-1055 (TFH), U.S. District Court for the District of Columbia, 2006 (representation of public body in defense of contract termination resulting in the termination being sustained and a damages award from the defaulting contractor (including prejudgment interest) of more than $40 million).

Diversity at Crowell & Moring

At Crowell & Moring, our success as a firm depends on creating and maintaining a diverse team of talented professionals. Different perspectives, histories, and experiences don't just make us interesting as individuals; they also make us stronger as a firm. Diversity is one of our core values, and we approach it holistically. We view diversity as encompassing race, sex, age, religion, national origin, sexual orientation, gender identity/expression, personal appearance, political affiliation, marital status, family responsibilities, disability and status as a veteran, and other personal characteristics protected by law and regulation.