Kirke M. Hasson
+1.415.983.1077

Kenneth W. Taber
+1.212.858.1813

Pillsbury’s team of approximately 200 firmwide litigators handle complex commercial cases, matters of substantial public interest, sophisticated technology disputes, and a wide variety of other assignments. We offer the depth and breadth necessary to assist our clients across industries avoid disputes and, when necessary, to resolve disputes favorably and efficiently either by trial or settlement. Our practice often involves large-scale, complex litigation with multiple parties, in multiple proceedings and forums.

The firm’s litigators appear regularly in U.S. federal and state courts, and also before regulators, arbitrators and mediators both domestically and internationally. Our attorneys also regularly assist clients with internal corporate investigations and potentially sweeping e-discovery requests.

We field innovative and cost-effective litigation teams whose qualifications and experience are second to none. We respond quickly when clients become involved in disputes, and partner with them to devise strategies designed, where possible, to avoid the need for lengthy, expensive proceedings.

Pillsbury’s litigation practice is organized around specialty teams comprised of litigators with deep knowledge and experience in a number of substantive areas and industries.

Representative Litigation Clients

Recent Significant Cases and Results

Energy

• Winning Over $54 Million in a Complex Breach-of-Contract Trial: Won a jury verdict of more than $43 million and prejudgment interest of more than $12 million (Sacramento Municipal Utility District)
• Clearing the Path to a Clean Energy Future: Won approval for the resumption of uranium production, after an eight-year hiatus, in an established mining facility (Cogema Mining Company)
• Securing Court Victories to Validate a Client’s Procedures: Won a summary judgment in each of three ERISA lawsuits, validating Chevron’s internal procedures (Three Chevron Employee Benefit Plans)
• Prevailing in Court and Settlement Negotiations: Settled cases for fractional amounts (7.5% and 3%) of the claimed damages (Chevron U.S.A. Inc.)

Technology

• Protecting a Client’s Valuable Technology and Reputation: Successfully shut down a competing manufacturer’s lawsuit before it reached the trial stage (Toshiba Corporation)
• Expediting a Complex Case and Saving $60 Million: Secured a trial victory disposing of $60 million damage claim and spared our client a second trial (CA, Inc.)
• Preventing Potentially Expensive Antitrust Claims: Won on a summary judgment motion at the trial court, subsequently affirmed by the appeals court (AT&T)

Financial Services & Instruments

• Protecting an Innovative Success Story in Banking: Won a motion to dismiss all claims in U.S. District Court, which was affirmed by the 9th Circuit (Capitol Bancorp Limited)
• Protecting Hard-Won Assets During the Downturn: Defeated an $18 million claim in jury trial (UrbanAmerica)

Transportation & Infrastructure

• Clearing the Skies for a New Airline: Successfully argued for the court to uphold the airline’s certification to fly in the United States (Virgin America)
• Proving Victorious at Every Turn Through Excellent Groundwork and Litigation Skills: Won rulings that allowed construction of a new airport to commence without costly delays and prevailed in the underlying litigation (Panama City-Bay County Airport Authority)

Manufactured Products

• Using the Right Litigation Strategy to Protect an Award-Winning Innovation: Preserved a major business asset while employing a cost-saving approach toward victory at trial (The Stanley Works)
• Prevailing Repeatedly Against a Tenacious Opponent: Won on all claims before a Florida federal judge and jury, and in two appellate appearances before the Federal Circuit Court (Atlas Copco)
• Correcting a Jury’s Unprecedented, and Flawed, $20 Million Verdict: Obtained a rare decision by the trial judge setting aside the jury verdict and dismissing all claims against our client (Confidential)

Pro Bono & Government Policy

• Recovering Millions for Health Care Services: Recouped $17 million in underpayments to date (with prejudgment interest yet to be determined) and paved the way for additional recoveries (Health Net)
• Protecting Political Speech from Retaliatory Litigation: Upheld the speech rights of a high-profile client by winning dismissal of a retaliatory defamation suit (Mayor Michael Bloomberg and other high-ranking New York City officials)
• Defending Privacy Rights from Unrestricted Drug Testing: Won an injunction against mandatory random urine tests for students participating in extracurricular activities (Three high school students and their families)
• Long Fight Against Coerced Confession Leads to Freedom: Won the release of a 50-year old Kuwaiti aviation engineer who was abused while held at the Guantanamo Bay prison for seven years (Fouad Al Rabiah)

Litigation Support
Pillsbury’s Litigation Support Department includes East and West Coast-based managers and litigation support analysts experienced in all facets of litigation, practice and trial support. We provide document scanning and coding, database creation, case management programs, demonstrative evidence services and electronic evidence and forensic services.

Extranet System

Pillsbury uses extranets to share information efficiently with clients and co-counsel. Pillsbury has many active client extranets, each individually designed so that they address the needs of the parties using the site..

Leading-Edge Litigation Support Software

We are able to give access to clients and co-counsel via web-enablement of our Concordance and JFS Litigators Notebook databases, which increases our collaborative capability. In addition to the standard litigation support applications, we also use the case strategy software, CaseMap.

Electronic and Forensic Evidence Development and Vendor Selection

Our approach to electronic and forensic evidence discovery is tailored to provide the most cost effective case solutions. We can facilitate in-depth forensic review of individual laptops, PCs and servers. We are able to negotiate very competitive and, often times, below-market rates on processing large amounts of data, which in turn allows us to cost-effectively conduct large-scale reviews.

Courtroom and Trial Site Support

We use industry-leading demonstrative tools at trial. These give our litigators the flexibility to present their case in a visually engaging format and can be especially effective when used to impeach witnesses during cross-examination. Our litigators’ toolbox includes sophisticated video recreations and images of scanned documents displayed on monitors positioned throughout the courtroom, as well as low-tech favorites such as foam board blowups and timelines.

Litigation Cost Control

Cost control is a major element of all litigation matters whether large or small. This requires effective communication with the client as well as updated and accurate cost information. We have the trained personnel, specialized equipment, and experienced lawyers who know how to use these resources to get our client’s work done efficiently, and to aggressively monitor costs on a real-time basis.