The 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:
- Analyzing trial records for appellate issues
- Drafting and reviewing appellate briefs
- Staging moot courts in preparation for oral argument
- Presenting oral arguments
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.
Representative experience:
- Successfully represented a minority broadcaster before the Supreme Court when the Court upheld a Federal Communications Commission affirmative action program against constitutional attack.
- Successfully briefed and argued in the United States Court of Appeals for the District of Columbia Circuit an antitrust case involving physician hospital staff privileges.
- Successfully briefed and argued in the United States Court of Appeals for the Fifth Circuit an antitrust case involving nationwide automobile insurance glass replacement programs.
- Successfully briefed and argued in the United States Court of Appeals for the Second Circuit an antitrust case involving claims of price discrimination in aftermarket auto parts.
- Successfully briefed and argued in the United States Court of Appeals for the Fourth Circuit an antitrust case involving nationwide claims of price-fixing on travel agent commissions against major domestic and foreign airlines.
- Successfully represented the third largest national auto insurance company in defense of an appeal of the denial of class certification in an action challenging specification of non-OEM body parts in covered repairs. Denial of class action affirmed on appeal.
- Successfully represented an insurance company in defense of an appeal of the denial of class certification in action seeking payment of interest on settlements. Denial of class action affirmed on appeal.
- Successfully represented a pharmaceutical company in defense of an appeal of jury verdict and denial of relief from judgment in a vaccine product liability case. Judgment reversed and case remanded for a new trial.
Class Action Defense
Baker Hostetler 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.
Representative experience:
- Defended an auto insurance company regarding the specification of non-OEM or aftermarket parts in repair estimates. Class certification was defeated, and the decision was affirmed on appeal.
- Defense of national class actions challenging alternative commission programs and renewal premiums with respect to auto insurance. Cases were dismissed or settled.
- Defended auto insurers in multiple class actions seeking interest on all settlement agreements entered into over the last 15 years; summary judgment for the defendant and class certification were denied. The decision was affirmed on appeal by the Ohio Supreme Court.
- Assumed defense of case upon appeal from decision granting class certification against the nation's largest personal lines property and casualty insurer, for claims relating to sale of uninsured/underinsured motorist insurance coverage. Obtained reversal of class certification by court of appeals, which was subsequently reversed by Ohio Supreme Court. We obtained summary judgment for our client against claims of over one million policyholders.
- Defended a title insurer in multiple class actions regarding alleged overcharging of premiums in refinancing transactions. Class settlement was approved by the court.
- Defended an insurer in a class action challenging the provision of forced-order hazard insurance to mortgage company. A motion to dismiss in favor of insurer was granted by the court.
- Represented national insurer in the resolution of a set of nationwide class and collective actions alleging unpaid overtime and misclassification of employees.
- After obtaining denial of class certification involving several hundred female employees, we secured summary judgment on behalf of our FORTUNE 100 client on the individual claims.
- Provided oversight for insurance carriers in numerous employment discrimination class actions filed against utilities.
- Negotiated a zero dollar settlement of a federal class action lawsuit brought against our client, a large hospital, by the Service Employees International Union.
- Represented large petroleum company in ADA class action litigation involving all of its nearly 5,000 gas stations and convenience stores nationwide.
- Defended breach of fiduciary obligation claims against employer trustees of Taft-Hartley plans.
- Defended numerous manufacturers in class action challenges to changes in retiree medical benefits and claims for alleged unpaid retiree health insurance benefits, including those
involving spin-off operations.
- Removed class action threat against FORTUNE 100 manufacturer through creative case management.
- Resolved nationwide claim of sex discrimination in lending against financial institution.
- Won class action for employer accused of violating WARN Act in connection with major plant closing.
- Obtained dismissal for national hotel chain accused of race discrimination in public accommodations.
- Obtained summary judgment on behalf of retailer in nationwide collective action alleging misclassification of store managers.
- Helped manufacturers and others with evaluation and pre-suit mediation of class actions.
- Prevented certification of a company-wide race discrimination case against FORTUNE 500 company and then successfully tried or obtained summary judgment on the named plaintiffs’ claims.
Commercial Litigation
Baker Hostetler 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.
Baker Hostetler has achieved the following outcomes for clients in the last few years:
- A jury verdict against a global software company in federal court.
- Declaratory judgment in favor of a client who invested $30 million in a subsidiary and a bench trial ruling in federal court dismissing over $25 million in tortious interference counterclaims.
- Multimillion-dollar arbitration settlement for an international engineering firm over construction of a petrochemical plant.
- Jury verdict upholding our client's rights in a trademark dispute in federal court.
- Trial verdict successfully defending a billion dollar antitrust claim in federal court.
- Multimillion-dollar arbitration award for an international energy supply company which was successfully defended and enforced in a foreign court.
- No liability jury verdict against plaintiffs' royalty claims against a major natural gas producer.
Employment Litigation
Our 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.
- Obtained summary judgment for a national insurer in a wage-and-hour case that is frequently cited by the U.S. Department of Labor and other courts, and that was worth hundreds of millions of dollars to our client.
- Defended the largest hospital in Jacksonville, Florida, in a complex case where the plaintiff, a former department director, made a whistleblower claim under Florida law. After a lengthy trial, the jury rejected all of the plaintiff's claims and returned a verdict for our client.
- Won a jury verdict in retaliatory discharge case in Southern Texas court where the plaintiff was terminated 10 days after filing a workers' compensation claim.
- Won a jury verdict in a Title VII race discrimination, racial harassment and retaliation class action, which was selected as one of the “Top Defense Verdicts” by The National Law Journal.
- In what defense lawyers say is a first, we helped our client receive a refund from a settlement with the EEOC because not enough claimants had qualified to be paid out of the settlement fund.
Energy and Environmental
Energy
Baker Hostetler 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 like ExxonMobil and Schlumberger. 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.
Representative experience:
- Represented a fully integrated energy company in a dispute with the owner of numerous service stations. The owner alleged that the energy company had promised to give him certain concessions on the price he was paying for gasoline. The owner claimed damages for fraud and breach of contract in excess of $30 million. The jury found in favor of the energy company on all issues. The energy company not only defeated the claims of the plaintiff, but also recovered its attorneys' fees.
- Represented a large oilfield and refinery equipment construction company in a dispute involving the sale of new technology developed by a subcontractor. The subcontractor claimed it was not bound by the prime contract with the customer. We were able to obtain a favorable ruling in federal and state courts for the client.
- Represented a publicly held drilling company in its $3 billion merger with another publicly held drilling company.
Environmental
We 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.
Representative experience:
- Responded to major chemical plant explosions for two major petrochemical companies and provided front line emergency response legal advice followed by representation in toxic tort class actions, OSHA investigations, environmental clean up and enforcement, wrongful death, early settlement of claims for PD and PI, white collar crime implications and other issues.
- Served as common counsel to a group of Potentially Responsible Parties at a Superfund site located adjacent to a municipal and local college drinking water supply. We helped manage the group's activities from the case's inception through design, construction and operation of the groundwater remediation system. Through aggressive management and positive relationship building with federal, state and local authorities, cleanup of the contaminated groundwater plume was completed 15 years ahead of schedule, saving the group members millions of dollars.
- Assisted developer in a $43 million project to obtain necessary wetlands permits by appealing a proposed permit denial. We helped obtain a negotiated settlement allowing construction to proceed. The case involved complex issues arising from the scientific basis for the EPA's wetland evaluation system, and a Daubert-type analysis of the facts used by the Agency to support its decision and citizen opposition. The shopping center was successfully completed.
International Litigation
Baker Hostetler 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.
Representative experience:
- Defended a sovereign government in $10 billion in lawsuits in five countries arising from defaults in its foreign commercial debts.
- Tried and won a treble damage verdict against the Hunt brothers and others for manipulating silver prices.
- Won and enforced a judgment for ABB Inc., a leader in power and information tech for the energy and utility industries against a Norwegian company, and defended counterclaims, by using international treaties to enforce a U.S. award in Norway.
- Pursued litigation worldwide for a venture investor involving such claims as misrepresentation on a Tokyo real estate project and tax fraud on a three-hotel project in Belgium.
- Won jury verdicts for a German manufacturer and a related company in separate fraud and malpractice cases in Kansas and Virginia—with the Virginia verdict for our client on a counterclaim resulting in one of the largest such awards in the state's history.
- Defended a foreign government against a $500 million claim alleging denial of justice and other violations of international law at ICSID.
- Provided services to governments and individuals to recover assets wrongfully removed from those countries through criminal conduct, loan defaults and other activities.
Media Law
Leaders in the Evolving World of Media Law
For 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 Privacy
We 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.
- In the 1970s and 1980s we expanded the public figure doctrine in cases such as Brewer v. Memphis Publishing Co. and established that private figure plaintiffs bear the burden of proving falsity in cases involving matters of public concern, a principle later adopted by the Supreme Court of the United States.
- In the 1990s, after the Supreme Court had rejected a federal constitutional privilege for the expression of opinion, we convinced the U.S. Court of Appeals for the D.C. Circuit in Moldea v. New York Times Co. to reverse itself and extend opinion protection to The New York Times in litigation over a book review.
Our clients turn to us to win the tough cases.
- Recently, we successfully defended The New York Times in a $15 million federal court libel trial brought by a state Supreme Court justice. The jury returned a defense verdict for The New York Times even though the newspaper conceded mistakes in its reporting.
- Similarly, we convinced the Supreme Court of South Carolina to vacate a large jury award against a broadcaster on the grounds that the plaintiff, a powerful state senator, failed to demonstrate actual malice.
- In 2005, when a jury slapped The Boston Herald with a $2 million plus verdict for allegedly publishing libelous statements about a local state court judge, it turned to Baker Hostetler to obtain reversal on appeal.
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 Licensing
Beginning in the 1970s, Baker Hostetler 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.
Communications
Baker Hostetler 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 Practice
Baker Hostetler provides experienced representation to motor vehicle and equipment manufacturers of all sizes and levels of sophistication that seek assistance in addressing their dealership concerns. Baker Hostetler 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 Baker Hostetler to represent manufacturers not just in those states where we have offices, but also on a regional or national basis. Baker Hostetler 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.
Representative experience:
- Won a performance-based termination protest before the California New Motor Vehicle Board, based principally on sales and customer satisfaction deficiencies. This victory for a manufacturer runs contrary to many prior decisions of the board that have rejected prior termination attempts, even given overwhelming evidence of material failures of performance.
- Argued against the retroactive application of the Ohio dealer statutes to franchise agreements that predate the enactment of the statute, thereby enabling the termination of a dealership “at will.” This case resulted in a published decision of the Sixth Circuit Court of Appeals.
- Obtained a damage award against a dealership for the injury to the client's market share resulting from the dealership's poor performance.
- Assisted a client in forcing a dealership to “de-dual” its facility after the unauthorized introduction of another brand.
- Represented manufacturers involved with the transition in ownership upon the bankruptcy of a dealership, successfully convincing bankruptcy courts of the substantial interest of the manufacturer in approving successor owners.
- Lobbied a state legislature to establish the ability of manufacturers of certain classes of trucks to engage in the sale of used trucks, and, for manufacturers in another state, lobbied successfully for the rejection of legislation that would have increased the jurisdiction of the dealer board.
Product Liability and Toxic Tort
Our 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 action 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.
Representative experience:
- Defended and resolved 300 breast implant cases.
- Won a summary judgment ruling and rejection of a client's market share liability in 500 DES cases.
- Settled more than 50 cases concerning post-collision fuel tank fires.
- Won three consecutive trial victories for clients concerning medical devices and pharmaceuticals.
- Defended a client in temporomandibular joint implant litigation (in excess of 5,000 claims), with dismissal of client from the litigation upheld on appeal.
- Defended a client who had a water fountain on its grounds found to be the source of Legionella bacteria responsible for contaminating guests with Legionnaire's disease.
- Gained dismissals and won summary judgments in more than 10,000 asbestos personal injury cases.
- Defended 30 cases of alleged exposure to methylene chloride and isocyanates.
- Won summary judgments and dismissals in favor of clients in mass tort/class action/community exposure cases related to landfills and Superfund sites.
Securities Litigation and Regulatory Enforcement
Baker Hostetler 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.
Representative experience:
- Represented a broker's assistant who had lied to the government in the ImClone/Martha Stewart investigation, with the end result of no federal felony charges or jail time.
- Defended a nationwide broker-dealer concerning private placements of securities in federal and state court litigation arising under federal and Texas securities laws.
- Defended the senior officers of a Navy contractor before the Philadelphia federal district court and Third Circuit against fraud claims that Sarbanes-Oxley retroactively extended the statute of limitations for private securities fraud claims.
- Represented hedge fund in connection with investigations related to late trading and market timing allegations before the SEC, CFTC and Boston U.S. Attorney's Office.
- Defended a healthcare distribution conglomerate against derivative and class action claims that the company and its directors had violated their fiduciary duties and federal securities laws.
- Appointed by a large national broker-dealer to serve as its Third Party Examiner as the result of an NASD (now FINRA) settled proceeding concerning the company's sale of certain mutual fund classes to customers.
White Collar Defense and Corporate Investigations
White Collar Defense
Based 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 Baker Hostetler 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 Investigations
Before 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.
Representative experience:
- Appointed by Justice Department to serve as outside independent monitor of Merrill Lynch, at the time the largest firm by capital, and The Bank of New York.
- Represented hedge fund in connection with investigations related to late trading and market timing allegations before SEC, CFTC and DOJ.
- Represented a FORTUNE 50 company in connection with "channel stuffing" investigations by the SEC and DOJ.
- Obtained acquittal of an individual after two-month jury trial in federal conspiracy prosecution alleging $35 million loss to government in alleged HUD fraud.
- Defended a corporation in billion dollar federal antitrust jury trial.
- Represented a senior executive of FORTUNE 100 company in parallel revenue recognition fraud investigations by the SEC and DOJ.
- Obtained non-criminal disposition for a client indicted for alleged insurance fraud conspiracy.
About Baker Hostetler's Litigation Team
When the stakes are bet-the-company monetary damages, potential criminal sentences and intense scrutiny in the court of public opinion, the 200-plus litigators of Baker Hostetler 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 Baker Hostetler 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).