Seven Things You Should Know Before Embarking On Can Two Lawyers From The Same Firm Represent Opposing Parties? | Can Two Lawyers From The Same Firm Represent Opposing Parties?

With alone 34 action partners, Cravath, Swaine & Moore has one of the aboriginal action departments in the Am Law 100. It’s the alone finalist for Action Administration of the Year with aloof one U.S. office. Yet the firm’s litigators bout or beat their competitors’ strength. They accept again gone the ambit in some of the thorniest, best circuitous trials and appeals in the aftermost two years.

“When you attending at the acceptation of the cases that we handle anniversary and every year, we’re punching far aloft our weight class. The cases that appear to us are the cases that are make-or-break for our clients,” says action accomplice Kevin Orsini.

The firm’s high-profile assignment in the aftermost two years includes absolute wins afore a federal appeals cloister and the U.S. Supreme Cloister on account of American Express; apery Qualcomm in a massive action with Apple that led to a significant settlement; advising active California account PG&E in circuitous defalcation and action matters; and litigating one of the best carefully watched antitrust trials in decades back the government challenged the AT&T and Time Warner merger.

In the closing case, Cravath, apery Time Warner and alive with several added top firms, advised assemblage at trial that included key government assemblage from Comcast and NBC, afore a adjudicator ultimately austere the client’s alliance with AT&T.

In the Qualcomm case adjoin Apple, Cravath slugged it out adjoin Apple’s attorneys in a case over billions of dollars in apparent royalties. The firm’s representation of Qualcomm included analogous affairs beyond three continents, aggravating two cases afore the U.S. International Trade Commission and accepting a adjustment in a third balloon in California federal court. The firm’s litigators and others abide to represent Qualcomm in arduous a federal judge’s cardinal in a case brought by the FTC that begin Qualcomm illegally absorbed markets for modem chips in smartphones.

Cravath has managed to admonish abounding West Coast clients, such as Qualcomm and PG&E, admitting accepting no California offices. Over the accomplished several years, Cravath says, it has apparent a abiding access in net fees billed from audience on the West Coast, decidedly in litigation. Back not in New York, Cravath attorneys assignment out of applicant offices, auberge apartment and bounded admonition offices, or they set up acting balloon amplitude back warranted, Orsini says.

Partners: 34 Associates: 136 Other: 47 Administration as Percentage of Firm: 42% Percentage of Close Revenue: N/A

“There’s consistently allocution about abeyant amplification because it’s an attainable question,” he says. But, he adds, “We account the audience absolutely able-bodied area we are now. How do law firms expand? They bolt up convenance groups. We’re not activity to do that.”

Orsini himself is in California about every anniversary for the firm’s able representation of PG&E. The close is advising the account in bonfire action brought by several types of parties, including allowance companies, government entities and bonfire victims, such as those who were underinsured. These three categories of plaintiffs accept collectively claimed added than $50 billion in damages.

Cravath, forth with co-counsel at Weil, Gotshal & Manges, is admonition to PG&E in its Chapter 11 bankruptcy. Outside the bankruptcy, as PG&E has been beneath the microscope for planned blackouts, Cravath continues to admonish the account in its acknowledgment to bonfire risks.

Meanwhile, Cravath’s assiduous assignment has led New York accompaniment to canyon legislation in acknowledgment to one of the firm’s best notable cloister victories. Cravath litigators represented Acclaim Suisse in a case brought by the New York Advocate General’s Appointment over artifice claims for the conception and auction of residential mortgage-backed securities. Cravath and Acclaim Suisse won a battleground accommodation in the state’s accomplished appeals court, which begin the advocate general’s claims beneath the Martin Act artifice statute were time-barred by a three-year window. In acknowledgment to the cloister ruling, accompaniment assembly in 2019 adapted the Martin Act to a six-year timeframe.

Cravath additionally alveolate a win at the U.S. Supreme Court, afterwards armchair Evan Chesler delivered articulate arguments on American Express’ altercation that it did not aperture antitrust laws by insisting merchants not animate barter to use added acclaim cards.

The high-impact attributes of the firm’s assignment extends to its pro bono undertakings. Cravath teamed up with Affliction Rights Advocates to represent seven affliction organizations aghast to a proposed adjustment with the burghal of New York about added than 100,000 sidewalk bend ramps that were inadequate. The aggregation helped anchored final approval in July 2019 of a adjustment that establishes a plan to accomplish burghal sidewalks accessible.

The firm’s assorted anatomy of action assignment includes several arresting biotechnology cases. Afterwards a six-day balloon in Delaware Superior Court, Cravath won a board adjudication for DRIT, an advance agent managed by close applicant DRI Capital, in a patent-licensing altercation adjoin subsidiaries of GlaxoSmithKline. Afterwards a aperture of arrangement affirmation was absolved afore trial, Cravath’s applicant won on aperture of the adumbrated agreement of acceptable acceptance and fair dealing.

Cravath’s action administration is not apprenticed by business from its high-profile accumulated department, Orsini says. For instance, PG&E came to the close alone three years ago, afterwards some centralized admonition attorneys Cravath ahead knew confused to the utility.

“We are actual ambitious in aggravating to accept and aggrandize new applicant relationships every day, and I anticipate it’s a attestation to the affection of the convenance and applicant account we deliver,” he says.

The close credits the affection of its attorneys to both its generalist training accomplishments and lockstep advantage model, in which attorneys are paid by seniority.

“It agency what is best for the applicant is what is best for all partners,” Orsini says. “The aftereffect of that is an ambiance in which all 34 action ally will jump in at a moment’s apprehension to do what’s best.”

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