Antitrust and Trade RegulationBakerHostetler's antitrust and trade regulation practice is as dynamic as the environment in which we practice. Our attorneys offer depth of experience not only in representing clients before federal and state courts, administrative tribunals and antitrust and consumer protection law enforcement agencies, but also in counseling clients on issues that may arise abroad and in formulating global solutions.
For example, how should a worldwide company address such issues as:
In addition, BakerHostetler's antitrust and trade regulation team routinely represents corporate clients, trade associations and individuals in resolving more traditional problems that arise under longstanding U.S. antitrust laws and federal and state consumer protection requirements.
Appellate LitigationThe Appellate Team provides specific appellate capabilities, coupled with a fresh perspective and the critical judgment necessary in appellate counsel, to afford our clients the best appellate representation possible. We offer specific appellate-related services to clients and to fellow attorneys, including:
While our principal responsibility is representing our clients in federal and state appellate courts, we also work, where appropriate, with the trial team to identify potential appellate challenges from the initial stages of litigation. We are called upon to brief complex issues at the trial court level and to strategically analyze trial issues to protect the record on appeal or to preserve issues for appeal.
The breadth and depth of experience of our appellate counsel bring to our clients not only the substantive knowledge of our partners, but also the analytical and written and oral advocacy skills that are the hallmarks of appellate lawyers.
Class Action DefenseBakerHostetler has one of the most experienced National Consumer Class Action Defense teams of any firm in the country. This team is complemented by the Employment Class Action Defense team and the Wage and Hour Class and Collective Action Defense team.
These three teams have risen to elite national status, having defended more than 200 national and state class actions for major corporations in more than 25 states in the last five years. Together, these teams typically defend 30 to 40 class actions at any one time and regularly defend companies in plaintiff-friendly “magnet” jurisdiction state courts, as well as major federal jurisdictions.
The Class Action teams defend clients in every facet of class action proceedings, including class certification, motions to dismiss, summary judgment, standing issues, juridical link issues, unfair trade practice act issues, remedial action issues, trials, opt-out and objector issues, and all facets of parallel administrative proceedings, related criminal proceedings and derivative actions.
Commercial LitigationBakerHostetler represents business clients of all sizes in litigation that is as diverse and complex as their markets and customers. We advise business owners, executives and corporate counsel on litigation that can impact their company's commercial practices, bottom line and, in some cases, continued existence. We have a proven track record of achieving results. We resolve domestic and international disputes for business clients as plaintiffs and as defendants, in federal and state courts, international arbitration forums and before administrative agencies.
We are effective commercial litigators because we invest in knowing our clients' businesses and understand their goals. Our interdisciplinary approach to commercial disputes enables us to address contract, energy, construction, distribution, real estate, insurance, tax and financial issues as business concerns, not just elements of trial strategy. If an effective settlement isn't possible, we will aggressively take cases to trial.
BakerHostetler has achieved the following outcomes for clients in the last few years:
Employment LitigationOur employment litigators have a proven track record, with more than a dozen successful jury trials during the past year alone. We are veterans in defending complex multiparty employment disputes, class actions, government suits and the full scope of individual private-plaintiff actions in state and federal courts and agencies nationwide.
Our lawyers represent clients in litigation involving discrimination, wage and hour, breach of contract, wrongful discharge, defamation, ERISA, OSHA, covenants not to compete, trade secret, executive compensation and whistleblower-related claims, including whistleblower provisions of the Sarbanes-Oxley Act. Our cumulative experience includes every aspect of judicial and administrative procedure, with numerous successful jury and bench trials as well as appeals at all levels.
Although we try a large number of cases every year, the majority are won at the summary judgment stage, or we achieve an early settlement in our client's best interest. Our priority always remains the same—achieving the best results for our client.
Energy and Environmental
EnergyBakerHostetler speaks the language and understands the business of the energy industry. Lawyers on our team have technical degrees and have worked in-house with major energy and oilfield service companies. We have the insight to advise international and domestic energy companies on exploration, distribution and sale matters, regulatory issues, project finance and transactional matters, dealer terminations, antitrust questions, trade and customs concerns and maritime issues.
EnvironmentalWe have significant experience helping clients answer environmental challenges including regulatory enforcement and permitting; Superfund clean ups; Toxic Substance Control Act compliance; Clean Air Act policy level and compliance; Clean Water Act and wetlands issues; NPDES permits; environment audits; underground tanks; soil and groundwater contamination; and labeling compliance. We understand our clients' objectives and collaborate with them to develop strategies which are results oriented, effective and cost efficient.
International LitigationBakerHostetler handles major international litigation for clients in the United States and abroad. We represent multinational corporations, as well as sovereign governments and private investors. In today's borderless business world, our clients face disputes in virtually every country in the world. We understand the unique challenges associated with litigating disputes arising in Latin America, Europe, Asia and Africa. We know how to work with their widely divergent treaties and regulations. We effectively anticipate and help prevent future problems in many areas—for example, choice of forum, choice of law, jurisdiction, culture and language capabilities for the parties in a transnational dispute.
The range of disputes we resolve is as broad as our client base, encompassing finance, insurance coverage, asset attachment and recovery, distribution, tax, trade, product liability and violations of international law. We are skilled in specific issues such as sovereign immunity, the enforcement of foreign judgments, international evidence gathering, eDiscovery and the Law of the Sea. We represent parties in all major international arbitration forums, including the International Chamber of Commerce (ICC), American Arbitration Association (AAA), International Centre for the Settlement of Investment Disputes (ICSID) and disputes resolved under the UNCITRAL Rules.
Leaders in the Evolving World of Media LawFor more than 90 years, we have been the leader in developing First Amendment law for media companies and the journalists and writers who work for them. As First Amendment law has evolved, sometimes explosively, sometimes glacially, we have been at the forefront in shaping the law both in the United States and abroad.
Libel and PrivacyWe authored a leading treatise on libel and privacy law that is relied upon by media lawyers and courts throughout the country. We helped shape the law of libel and privacy through winning hundreds of cases on summary judgment, at trial or on appeal.
Our clients turn to us to win the tough cases.
As a new world of digital content grew over the last decade, the firm was among the first to question whether the special vernacular and content of the Internet should be governed by the same law that controls language in traditional media.
In the seminal libel case against prominent cyber journalist Brock Meeks, we sought to have the rules of the road adapted for Internet writers and publishers. This case presented novel questions such as the determination of public figure status when an individual is famous within the Internet community.
As libel law has stabilized, we have moved into other areas of media law which intersect with the First Amendment, such as civil rights litigation, the newsgathering rights of reporters and sources, access to information, and copyright and securities law.
Talent Management and LicensingBeginning in the 1970s, BakerHostetler was a pioneer in strategies to help owners of copyrighted and syndicated cartoon characters and comic strips protect their intellectual property from unauthorized use and duplication.
Convinced that such activities violated our clients' rights, deprived them of valuable syndication fees and diluted their product quality, our lawyers undertook some of the first-ever international licensing efforts for syndicated characters. We launched a major effort to make retailers pay for use of our clients' characters, using the threat of litigation to stop them from buying counterfeits. Our work with studios, syndicators and other organizations (such as Major League Baseball Properties) continues today and is part of an extensive licensing and copyright practice.
CommunicationsBakerHostetler assists broadcast group owners, telecommunications companies and individual licensees in navigating the full range of broadcast regulatory issues. We represent clients in acquisitions, licensing proceedings, facilities modifications, spectrum allocation proceedings and the numerous program-related matters affecting FCC licenses. Our lawyers are also active in helping companies and enterprises offer both wired and wireless telecommunications services.
Distribution and Franchise PracticeBakerHostetler provides experienced representation to motor vehicle and equipment manufacturers of all sizes and levels of sophistication that seek assistance in addressing their dealership concerns. BakerHostetler lawyers work with manufacturers to satisfy transactional concerns and counsel clients regarding dealer agreements, policies and impending disputes. In those situations where early resolution is not possible, we provide aggressive litigation before courts, administrative agencies and arbitration panels across the United States.
Our skill and experience in manufacturer issues allows BakerHostetler to represent manufacturers not just in those states where we have offices, but also on a regional or national basis. BakerHostetler lawyers have represented manufacturers for decades in jurisdictions across the United States. This representation is provided by seasoned lawyers and their teams who know how to effectively and efficiently obtain the result expected by our clients.
Our lawyers have served not only as litigators, but as trusted counselors and advisors. We understand our clients' business and are uniquely positioned to find practical, cost-effective solutions to dealership issues.
Product Liability and Toxic TortOur firm strives to protect the integrity of a client's product and reputation. Our product liability and toxic tort attorneys litigate and resolve cases from manufacturing defects and product misuse to individual chemical exposure and class actions claims.
We understand that in today's climate, nearly every matter in this area of law can threaten a company's core business. Regardless of the size or scope of a matter, we address the scientific, technical and medical issues of product liability and toxic injury cases. As preventive measures, we also develop claim prevention plans and assist clients with product design and warning programs.
Our goal is to provide ongoing, seamless communications with our clients, utilizing extranets, document banks, secure online discussion tools and other methods to maximize efficiency. At the earliest stages of our relationship with a client, we discuss litigation-minimization and cost-saving strategies such as: alternative dispute resolution, early case analysis and post-matter assessments to review successes, outcomes and lessons learned.
Understanding the urgency of many situations, we also have an Emergency Response Team serving clients nationwide, with lawyers in each of our offices on call 24 hours a day and dispatched to an incident site immediately following our notification of a mishap.
Securities Litigation and Regulatory EnforcementBakerHostetler represents corporations and SEC regulated entities, as well as their officers, directors and committees, facing complex securities litigation. We handle private securities-related litigation, shareholder class actions, derivative suits, shareholder and partnership disputes, as well as AAA and FINRA (f/k/a NASD) arbitrations.
Our lawyers achieve favorable trial results and settlements on securities matters involving fraud, insider trading, unauthorized and unsuitable trading, registration violations, breach of fiduciary duty and accounting irregularities. In addition to trial representation, we counsel clients through SRO examinations and investigations and those by the SEC, CFTC, U.S. Attorney's offices, state attorneys general and the various state securities commissions.
Our team has first-hand knowledge of the securities enforcement process. The team includes a Branch Chief and Senior Counsel with the SEC's Division of Enforcement, Regional Counsel with the NASD (now FINRA), Chief of the Securities and Health Care Fraud Unit for the U.S. Attorney's office and the former Deputy Chief of Investigations at the New York District Attorney's Office.
Members of our team have handled hundreds of securities regulatory investigations for issuers, broker-dealers, investment advisers, mutual funds, hedge funds and their officers and associated persons resulting in no formal public action by these agencies. We are regularly retained to conduct internal investigations of potential accounting fraud, SOX issues and other securities laws violations. In fact, former Congressman Michael G. Oxley, co-author of the Sarbanes-Oxley Act, is a member of our team.
White Collar Defense and Corporate Investigations
White Collar DefenseBased on significant trial experience, the firm's White Collar Defense and Corporate Investigations Practice is among the nation's most seasoned in serving corporations and individuals facing government scrutiny. Many members of our White Collar Defense and Corporate Investigations team come to BakerHostetler from distinguished careers in government as Assistant United States Attorneys, Assistant District Attorneys and SEC enforcement attorneys. This depth of experience has proven invaluable in representing clients in dealings with the DOJ, SEC, HHS, IRS, FTC and other federal and state agencies.
Corporate InvestigationsBefore a corporation can intelligently respond to a government inquiry, senior management and the board of directors need qualified counsel to quickly gather the relevant facts and assist them in assessing any potential liability.
Similar prompt action is required when management becomes aware, from sources either inside or outside of the corporation, of the potential for government attention. Our practice team has extensive experience conducting complex corporate investigations of suspected civil and criminal misconduct on an expedited basis, with sensitivity to the ongoing business and personnel needs of the corporation. Focused to go beyond determining the facts, our investigative approach is designed to identify potential liabilities and defenses, including any potential corporate criminal liability predicated on the collective acts of employees.
About BakerHostetler's Litigation TeamWhen the stakes are bet-the-company monetary damages, potential criminal sentences and intense scrutiny in the court of public opinion, the more than 325 litigators of BakerHostetler are a team to depend on. We have the kind of credentials you expect from a leading national litigation firm and a client base we have protected in and out of court for decades.
What really sets us apart is our practical experience as trial lawyers. The BakerHostetler team includes former top prosecutors of the U.S. Justice Department (four of whom received the Attorney General's Distinguished Services Award), former prosecutors for major municipalities, veteran civil trial attorneys and enforcement officials from various federal agencies, from the Department of Energy to the SEC and NASD (now FINRA).