Litigation

Overview

One client reports: "I find their team to be terrific partners. They help us with preventive action to avoid litigation as well as guiding us through long, arduous cases."

– Chambers USA 2018

BakerHostetler’s Litigation Group was recognized in BTI’s Litigation Outlook 2022 as one of only 39 Most Feared Firms in Litigation, and one of 23 firms included in their list of Most Intimidating Opponents. As BTI put it, "clients would prefer not to see these firms as they engage in litigation."

With more than 400 litigators in offices coast to coast, we represent market-leading clients in virtually every type of case and proceeding, nationally and around the world. If an effective settlement is not possible, we will aggressively represent your interests at trial. We have the credentials you expect from a leading national litigation firm, and companies have turned to us for decades to protect them in and out of court. Whether you are involved in a national or global dispute, facing litigation in federal or state courts, going in front of a judge or jury, or appearing at an arbitration forum or before an administrative agency, we have the experience and resolve to see you through to a winning result.

Our Approach

BakerHostetler was named a “go-to law firm” for litigation by Corporate Counsel® magazine’s general counsel survey of in-house law departments at the nation’s top companies. The key to our effectiveness is our commitment to learning every aspect of our clients’ business needs to meet their broader objectives. We handle complex matters through trial and appeal, and understand that winning takes many forms, from successfully defending clients to asserting their rights as plaintiffs. For each client, large or small, we utilize the full resources of our national litigation practice, as well as the multidisciplinary strengths of our entire firm.

Our People

Our litigators are former prosecutors, veteran civil trial lawyers and former enforcement officials from various agencies, with credentials that have won them inclusion in Best Lawyers in America and Chambers USA: America’s Leading Lawyers for Business, as well as fellowship in the American College of Trial Lawyers. They are nationally regarded for their pre-litigation strategies and decisions and their ability to prepare, try and win cases.

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Our Capabilities

Our ability to handle large, complex litigation matters has been in the national spotlight because of BakerHostetler’s representation of the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS). Since 2008, BakerHostetler has been unraveling, deconstructing and litigating one of the largest and most complex financial frauds in U.S. history – Bernard L. Madoff’s decades-long Ponzi scheme. The SIPA Trustee’s unprecedented success in this global investigation and litigation is largely based on the legal strategy and case management overseen by our attorneys, who bring a wide range of experience to this matter, including business litigation, bankruptcy law, white collar criminal investigation, securities litigation, e-discovery and corporate finance. As of July 2022, the SIPA Trustee and his counsel have succeeded in recovering more than $14.5 billion and distributing more than $13.6 billion to victims in the Madoff Recovery Initiative (www.madofftrustee.com). This recovery far exceeds any prior restitution effort related to Ponzi schemes in terms of both dollars and percentage of stolen funds recovered.

  • Our Commercial Litigation Team, comprising 130+ lawyers across 17 offices, defends clients in high stakes, bet the company matters. In late 2016, the team represented a global engineering company in an indemnity case arising out of the explosion of a food manufacturing plant in Garner, North Carolina. Following a four-week jury trial, the jury returned a verdict of $108.9 million in favor of the client, two times the amount of the largest verdict in Nebraska at that time. This verdict was recognized by the National Law Journal as a “Top 50 Verdict” of 2016 in its Elite Trial Lawyers report, and in 2021, was included in National Law Journal’s “Verdicts Hall of Fame” publication.
  • Our Antitrust and Competition Team received a national first chair ranking from Best Lawyers in America, and was named a “top team working in the hub of antitrust law” by Global Competition Review . With more than 40 antitrust lawyers firmwide, we have successfully tried numerous antitrust and competition cases to verdict, and have represented both plaintiffs and defendants in antitrust and competition litigation, including class action lawsuits. We also advise clients on all aspects of their businesses and successfully help them navigate the merger review process, frequently obtaining clearance of transactions without government investigations.
  • Our White Collar, Investigations and Securities Enforcement and Litigation Team represents Fortune 50 companies, major hedge funds and individuals facing government scrutiny. Our lawyers have served as former United States attorneys, assistant United States attorneys, assistant district attorneys and SEC enforcement attorneys. Their experience has proven invaluable not only in representing clients in dealings with the SEC, DOJ, IRS, FTC and other federal and state agencies, but also in advising corporations on compliance implementation and testing. BakerHostetler has also been repeatedly selected to conduct complex monitorships for world-leading financial institutions such as Merrill Lynch, Bank of New York and Mellon Bank.
  • Our Class Action Team has defended more than 200 national and state class actions for major corporations in more than 25 states in the last five years. We aggressively defend against class certification, and in the event the class is certified, we are prepared to try the case to judgment.
  • BakerHostetler’s dedicated 80-attorney Energy Team, nationally ranked by Chambers USA, understands the industry’s rapidly evolving regulatory, legal and political climate. It has experience across all the proven shale plays and has an unmatched ability to represent clients at all points in the life cycle of energy development. Lawyers on our energy team have technical degrees and have worked in-house with major energy companies.
  • Unlike most law firms, our firm’s E-Discovery Advocacy and Management Team is led by seasoned trial lawyers who understand how information is used in litigation. Our advocacy controls costs, risks and burdens by limiting the scope of discovery. We defensibly deploy emerging technologies like predictive coding to cut through the noise of large data sets. We also build practical preservation and litigation response plans, and defend against claims of intentional or inadvertent loss of data. From sophisticated keyword screens to data categorization and clustering to technology-assisted review, we have negotiated and won court approval of sophisticated approaches to search and review. Our experience in the courtroom coupled with our ability to break down complex technological issues has saved many of our clients hundreds of thousands of dollars or more in individual cases.

Professionals

Name Title Office Email
Associate New York
Partner San Francisco
Associate Los Angeles
Counsel New York
Associate Los Angeles
Partner Dallas
Associate Costa Mesa
Partner Los Angeles
Associate Orlando
Associate Washington, D.C.
Discovery Attorney New York
Partner Dallas
Associate Cleveland
Partner Washington, D.C.
Partner Denver
Associate New York
Partner Washington, D.C.
Counsel Cleveland
Partner Atlanta
Of Counsel Washington, D.C.
Associate Cleveland
Partner Atlanta
Partner New York
Partner New York
Associate Atlanta
Associate Houston
Partner Washington, D.C.
Partner Los Angeles
Staff Attorney Cincinnati
Staff Attorney New York
Associate Cleveland
Partner Orlando
Associate Chicago
Associate New York
Partner New York
Partner Cleveland
Associate New York
Associate New York
Partner Atlanta
Partner Denver
Partner Cleveland
Associate Cleveland
Partner New York
Staff Attorney Cincinnati
Of Counsel Washington, D.C.
Partner Washington, D.C.
Partner New York
Partner Atlanta
Counsel Chicago
Associate Washington, D.C.
Partner Houston
Partner New York
Partner Cleveland
Partner New York
Staff Attorney Cleveland
Staff Attorney Columbus
Partner Houston
Partner New York
Counsel New York
Partner Washington, D.C.
Associate Los Angeles
Partner Costa Mesa
Staff Attorney Cleveland
Partner Cleveland
Partner Columbus
Associate San Francisco
Associate Los Angeles
Counsel New York
Associate Los Angeles
Partner Dallas
Partner New York
Associate Cleveland
Partner Denver
Associate Washington, D.C.
Partner Washington, D.C.
Partner Atlanta
Associate New York
Partner New York
Associate New York
Partner Cleveland
Partner Orlando
Associate Los Angeles
Staff Attorney New York
Partner Cleveland
Partner Washington, D.C.
Associate New York
Associate Atlanta
Associate Dallas
Partner Houston
Partner Washington, D.C.
Senior Staff Attorney
Senior Staff Attorney Houston
Counsel Cincinnati
Partner Houston
Associate New York
Partner Denver
Partner Houston
Associate Washington, D.C.
Of Counsel Washington, D.C.
Counsel Cleveland
Associate Columbus
Partner Philadelphia
Partner Orlando
Associate Washington, D.C.
Partner Columbus
Associate Columbus
Partner Los Angeles
Partner Orlando
Counsel Atlanta
Partner Columbus
Associate Atlanta
Partner Cleveland
Associate Seattle
Partner Cleveland
Partner New York
Partner Washington, D.C.
Counsel New York
Associate New York
Partner Los Angeles
Associate New York
Partner New York
Partner Denver
Partner Washington, D.C.
Partner New York
Of Counsel Washington, D.C.
Partner New York
Partner Washington, D.C.
Associate New York
Partner Chicago
Associate New York
Associate New York
Associate Washington, D.C.
Partner Atlanta
Associate New York
Senior Discovery Attorney
Senior Discovery Attorney New York
Associate New York
Associate Houston
Associate Orlando
Partner Cleveland
Partner New York
Staff Attorney Cincinnati
Associate New York
Staff Attorney New York
Partner New York
International Counsel Washington, D.C.
Partner Washington, D.C.
Partner New York
Associate New York
Staff Attorney Cleveland
Associate Columbus
Partner New York
Associate Atlanta
Partner Washington, D.C.
Associate Houston
Associate Cleveland
Partner Columbus
Associate Atlanta
Partner Cleveland
Associate Houston
Associate Chicago
Counsel Philadelphia
Associate New York
Partner Seattle
Partner Philadelphia
Partner New York
Partner Houston
Staff Attorney Cincinnati
Partner Washington, D.C.
Partner Cleveland
Partner Houston
Staff Attorney Cleveland
Partner New York
Partner Houston
Partner Houston
Associate Cleveland
Staff Attorney Houston
Associate Cleveland
Counsel Cleveland
Associate Chicago
Partner New York
Partner Cleveland
Associate Washington, D.C.
Counsel Washington, D.C.
Partner Houston
Staff Attorney Cincinnati
Associate Washington, D.C.
Partner Columbus
Associate Houston
Associate Washington, D.C.
Associate Philadelphia
Associate Cleveland
Partner Cleveland
Associate Washington, D.C.
Associate Orlando
Partner Washington, D.C.
Associate New York
Associate Atlanta
Partner Cleveland
Associate Washington, D.C.
Partner New York
Partner New York
Partner Houston
Staff Attorney Cincinnati
Partner Houston
Counsel Atlanta
Partner Chicago
Partner Orlando
Partner Washington, D.C.
Partner Cleveland
Partner Columbus
Partner Washington, D.C.
Partner Orlando
Associate Washington, D.C.
Associate Cleveland
Partner Cleveland
Staff Attorney Houston
Partner Cleveland
Associate Houston
Associate Washington, D.C.
Partner Los Angeles
Associate New York
Staff Attorney Cincinnati
Counsel Washington, D.C.
Partner Washington, D.C.
Partner Cleveland
Partner Washington, D.C.
Associate Orlando
Staff Attorney Cincinnati
Partner Cincinnati
Associate Houston
Partner Los Angeles
Associate Atlanta
Associate New York
Associate Houston
Partner Los Angeles
Discovery Attorney New York
Partner Washington, D.C.
Counsel New York
Of Counsel New York
Partner Atlanta
Associate New York
Associate Cleveland
Partner Washington, D.C.
Partner Columbus
Partner Houston
Associate Atlanta
Associate Orlando
Staff Attorney Cincinnati
Senior Staff Attorney
Senior Staff Attorney Houston
Associate Houston
Staff Attorney New York
Partner Costa Mesa
Staff Attorney Cincinnati
Staff Attorney Columbus
Counsel Cleveland
Partner San Francisco
Associate Houston
Partner Seattle
Associate Atlanta
Staff Attorney Cincinnati
Partner Cleveland
Partner Houston
Partner New York
Associate Washington, D.C.
Staff Attorney Cleveland
Discovery Attorney New York
Partner New York
Associate Denver
Partner Washington, D.C.
Partner Chicago
Counsel New York
Partner New York
Discovery Attorney New York
Partner New York
Partner Cleveland
Associate Houston
Staff Attorney Cleveland
Partner Columbus
Associate Seattle
Partner New York
Counsel Philadelphia
Associate Houston
Partner Houston
Partner Houston
Associate Cleveland
Associate Columbus
Partner Cleveland
Associate Columbus
Associate Houston
Partner Washington, D.C.
Associate New York
Partner Denver
Partner Atlanta
Partner Washington, D.C.
Partner Houston
Counsel New York
Staff Attorney Atlanta
Associate New York
Partner Washington, D.C.
Partner Cleveland
Partner New York
Associate New York
Partner Washington, D.C.
Partner Orlando
Staff Attorney Cincinnati
Partner Cleveland
Staff Attorney Cleveland
Associate New York
Senior Discovery Attorney
Senior Discovery Attorney New York
Staff Attorney Washington, D.C.
Partner Houston
Partner New York
Partner Houston
Partner Washington, D.C.
Partner Washington, D.C.
Associate New York
Staff Attorney Cleveland
Counsel Washington, D.C.
Counsel New York
Partner New York
Partner New York
Partner New York
Partner Cleveland
Partner Houston
Partner New York
Associate New York
Associate Washington, D.C.
Partner Washington, D.C.
Partner Orlando
Associate Dallas
Partner Cleveland
Associate Houston
Partner Washington, D.C.
Partner Orlando
Associate Columbus
Partner New York
Counsel Los Angeles
Associate Cleveland
Associate Philadelphia
Partner New York
Partner Washington, D.C.
Partner Los Angeles
Staff Attorney Cincinnati
Staff Attorney Columbus
Associate New York
Associate New York
Associate Atlanta
Associate New York
Associate Seattle
Associate New York
Staff Attorney Columbus
Partner Orlando
Partner Washington, D.C.
Partner Houston
Staff Attorney Cleveland
Associate Cleveland
Partner Washington, D.C.
Associate Orlando
Associate Denver
Partner Chicago
Partner Cleveland
Associate Houston
Partner Columbus
Of Counsel Washington, D.C.
Partner Orlando
Associate New York
Associate Cleveland
Partner Houston
Partner New York
Partner Cleveland
Partner Orlando
Associate Seattle
Associate Columbus
Associate Washington, D.C.
Partner Cleveland
Associate Cleveland
Associate Houston
Counsel Washington, D.C.
Partner Cleveland
Partner New York
Partner New York
Partner San Francisco
Associate New York
Staff Attorney Cincinnati
Counsel Los Angeles
Staff Attorney Columbus
Associate Cleveland
Partner Houston
Associate Cleveland
Counsel Columbus
Staff Attorney Columbus
Partner Seattle
Partner New York
Associate Columbus
Associate Chicago
Associate Atlanta
Partner New York

Recognition

  • Chambers Global (2019)
    • International Trade: Customs
    • International Trade: Export Controls & Economic Sanctions
    • International Trade: Trade Remedies & Trade Policy
  • Chambers USA (2018)
    • Nationwide Fintech: Legal – USA
    • Nationwide International Trade: Customs
    • Nationwide International Trade: Trade Remedies & Trade Policy
    • Nationwide International Trade: Export Controls & Economic Sanctions
    • District of Columbia Media & Entertainment
    • Ohio Litigation: General Commercial
    • Recognized in Colorado Litigation: General Commercial
    • Recognized in Colorado Natural Resources & Environment
    • Recognized in District of Columbia Environment
    • Recognized in Florida Environment
    • Recognized in Florida Litigation: General Commercial
  • The Legal 500 (2019)
    • Antitrust – Civil Litigations/Class Actions: Defense
    • Dispute Resolution – International Arbitration
    • Dispute Resolution – International Litigation
    • Dispute Resolution – International Trade
    • Dispute Resolution – Securities Litigation: Defense
    • Energy Litigation – Oil & Gas
    • Environment – Litigation
    • Transport – Rail & Road Litigation
    • Real Estate – Construction
  • Law360 "Practice Group of the Year"
    • Class Action (2014)
    • White Collar (2014)
    • Energy (2015)
    • International Trade (2018)
  • Law360 Trade MVP of the Year (2018)
  • U.S. News - Best Lawyers "Best Law Firms" (2019)
    • Appellate Practice: National Tier 1
    • Commercial Litigation: National Tier 1
    • Criminal Defense – White Collar: National Tier 1
    • Energy Law: National Tier 2
    • Litigation – First Amendment: National Tier 2
    • Natural Resources Law: National Tier 2
    • Oil & Gas Law: National Tier 2
    • Securities Regulation: National Tier 2
    • Admiralty & Maritime Law: National Tier 3
    • Construction Law: National Tier 3
    • Environmental Law: National Tier 3
    • International Arbitration – Commercial: National Tier 3
    • International Arbitration – Governmental: National Tier 3
    • Litigation – Antitrust: National Tier 3
    • Litigation – Construction: National Tier 3
    • More than 50 regional rankings in Atlanta, Chicago, Cincinnati, Cleveland, Columbus, Houston, Los Angeles, New York, Orlando and Washington, D.C.
  • High-ranking former members of the United States Attorney's office in California, Ohio, the District of Columbia, New York, and New Jersey, the U.S. Department of Justice, Securities and Exchange Commission, Environmental Protection Agency, and Executive Office of the President.
  • American College of Trial Lawyers
  • Who's Who in America
  • Who's Who in the Law
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

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In The Blogs

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Antitrust Advocate
Federal Trade Commission's Historic Attempt to Drive a Mack Truck Through the Sherman Act
By Jeffry W. Duffy, Tyson Y. Herrold, Carl W. Hittinger, Justin M. Kadoura
November 21, 2022
Key Takeaways The Federal Trade Commission (FTC) issued a historic statement, setting out a new framework for assessing “standalone” claims of “unfair methods of competition” that can be brought by the FTC alone under Section 5 of the FTC...
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Antitrust Advocate
DOJ Antitrust Brings First Criminal Monopolization Case in More Than 40 Years
By Lindsey Olson Collins, Carl W. Hittinger, Ann M. O'Brien
November 4, 2022
Key Takeaways U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly. The elements enumerated in the Zito plea...
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Antitrust Advocate
Hospital Mergers: The Future of COPA Immunity
By Tyson Y. Herrold, Carl W. Hittinger, Marc G. Schildkraut
October 26, 2022
In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University (SUNY Upstate) and Crouse Health System, Inc...
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Antitrust Advocate
Federal Court Allows Price-Fixing Class Action to Proceed Against Universities
By Tyson Y. Herrold, Carl W. Hittinger, Ann M. O'Brien, Nicholas M. Rose
September 14, 2022
Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S. District Court for the...
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Class Action Lawsuit Defense
Eleventh Circuit Stands Firm – No Incentive Awards for Class Representatives
By Kamran B. Ahmadian
August 12, 2022
Nearly two years after it issued its initial decision in Johnson v. NPAS Sols., LLC, in which it held incentive awards for class representatives to be per se unlawful, the United States Court of Appeals for the Eleventh Circuit denied a...
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