Insights

Crowell & Moring's California Antitrust Group is noted as "highly recommended" in the state, in a special feature published in Global Competition Review that explores the law firms doing the best antitrust work in California. The article notes that Crowell & Moring's California antitrust practice is "one of the most remarkable in the state… [that] has found its niche splitting its time between defense and plaintiffs matters, leading for major opt-out clients in some of the top antitrust litigation matters in the country."

The National Law Journal speaks with Crowell & Moring chairman and Washington, D.C.-based partner, Kent A. Gardiner, about the growth and progression the firm has made in 2014. By investing in technological advances and an industry-wide recovery, Crowell & Moring reported increases in almost all of the firm's financial metrics last year. "It's partly about us and partly about the industry," said Gardiner. "We seem to be discernibly getting past the recession. We’re not in some big bounce or big rebound, but there’s solid growth at the top of the legal market." In addition to the aforementioned advancements, the firm's legal project management program, which relies on fee plans other than the billable hour, continues to help the firm retain current clients and attract new ones as well.

Washington, D.C.-based Labor & Employment Group partner, Thomas P. Gies, is quoted in a Law360 article which touches on the diverse areas of employment law. When asked about whether or not the nation can have a "zero tolerance" policy for employee marijuana use, Gies explains, "It's a real dilemma, and I’m getting a lot of questions about that." Simply put, the fact that marijuana remains illegal at the federal level generally puts the law on the employer's side.

Crowell & Moring managing partner Ellen M. Dwyer is quoted in a National Law Journal article highlighting the trend that women accounted for half or more of new partners at eight of the largest firms in Washington, D.C. This year, three of Crowell & Moring's six attorneys that were promoted to partnership were women, which Dwyer attributes to the firm's long-term campaign of making more opportunities available to women. Washington, D.C.-based tax partner, Jennifer Ray is noted as one of the firm's newly promoted partners.

Head of the firm's Orange County office and partner in the firm's Antitrust Group, Daniel A. Sasse, takes part in Global Competition Review's Q&A series, and shares his views on the most compelling issues facing the competition bar both in the U.S. and abroad. Sasse touches on a number of questions ranging from what antitrust cases he is following closely, to whom he admires most in the antitrust community. When asked about which issue in antitrust he finds most interesting right now, Sasse stated, "The ability of U.S. companies to pursue damages from foreign suppliers for price-fixing on products sold in the U.S. is probably at the top of the list for those of us who spend a significant amount of our time litigating cartel cases."

Thomas P. Gies, a Labor & Employment Group partner based in Crowell & Moring's Washington, D.C. office, talks to Law360 about the year's upcoming notable labor and employment legislation. In particular, Gies discusses the Department of Labor's efforts to revamp overtime standards under the Fair Labor Standards Act. "It would certainly generate another flood of lawsuits, and I think it's a big deal," Gies said of the overtime rule-making push.

Washington, D.C.-based partners, Terry Rea, of Crowell & Moring's Intellectual Property Group, and Keith J. Harrison, of the firm's Labor & Employment and Litigation groups, weigh in on two important cases in the life sciences arena. Harrison discusses Teva Pharmaceuticals USA, Inc.'s challenge of a California appellate decision that a generic-drug manufacturer can be held liable for failing to warn consumers of the side effects listed on the equivalent brand-name drug, which may potentially be taken up by the U.S. Supreme Court. "This is going to be a case that is going to further define the scope of federal preemption," Harrison said. Additionally, Rea talks about the Cuozzo Speed Technologies LLC suit, which argues that the Patent Trial and Appeal Board uses the incorrect standard during America Invents Act (AIA) proceedings, making it difficult for inventors to retain their patents. "Everybody is going to be very, very careful how they handle this [case]," Rea said of the suit, which may upend new IPR standards.

Crowell & Moring's Antitrust Group has been recognized as "highly recommended" in Global Competition Review's (GCR) 15th edition of the "GCR 100: The World's Leading Competition Practices." The report highlights the group's 2014 success in all facets of the practice, including advising on in-depth merger investigations and prevailing in a dozen dispositive motions in litigations. The Washington, D.C. and New York based teams are specifically cited for three pillars of their practice, including big-ticket merger work, criminal cartel investigations, and civil antitrust litigation. The editors note the strength of the group can be seen through their Fortune 500 clients including, AT&T, DaVita, and Amazon.

Crowell & Moring chairman and Washington, D.C.-based partner, Kent A. Gardiner, shares his thoughts about American Lawyer’s 12th annual "Law Firm Leaders Survey." The results from the survey show that law firm leaders expressed optimism as they were constantly tweaking their practices, technology platforms, and staffing mixes to better position themselves in an ever more competitive environment. When Gardiner was asked about where the growth will be in the legal industry, he responded, "…we are seeing more deal flow," as "this increase in demand is taking place amid pricing challenges and challenges to be more innovative in the delivery of legal services."

Washington, D.C.-based partner and co-chair of the firm's e-Discovery & Information Management Group, David D. Cross, tells Law360 about working with Judge Paul W. Grimm, who has recently been appointed one of the newest federal judges on the Maryland federal bench. Cross, who is familiar with Grimm's 16 years of experience as a magistrate judge, sheds light on Grimm's well-regarded reputation. When Judge Grimm wants to address something, "his decisions are written like law review articles," Cross says. "He makes his opinions very useful beyond the confines of his own case."

Washington, D.C.-based partner and co-chair of the firm's Advertising & Product Risk Management Group, Cheryl A. Falvey, was a featured luncheon speaker at Promotional Products Association International's Product Safety Summit. Falvey's keynote presentation provided her audience with a few of the basics toward building a scalable compliance program for their companies and began by defining what that entails. "The policy needs to be a living, breathing commitment," she advised, "and should lay out your commitment, define your responsibility including who and how, and define legal compliance. You'll need to monitor products out in the marketplace that should be reported to the government." Falvey continued, providing many key points and elements to help companies achieve an ideal compliance program.

Law360 has recognized Ellen M. Dwyer, Crowell & Moring's managing partner and member of the firm's Labor & Employment Group, in their 2014 "Female Powerbroker" series. In this feature, Dwyer discusses her  professional and personal experiences as a successful woman in the legal industry which many consider to be "an old boys' network." When asked what advice she would give to aspiring female lawyers, Dwyer notes, "I would urge a young woman attorney to of course do excellent work, but then to get out of her office, and to let the lawyers around her know what her ambition is, and her commitment to realizing it. She should throw her hat in the ring for opportunities, and worry about how she can manage it all after she gets the opportunity. She'll find a way to manage, and in the interim, she will grow tremendously as a lawyer and person."

Advertising & Product Risk Management (APRM) Group partners and Group co-chairs Chris Cole and Cheri Falvey are profiled in the Washington Post's Capital Business section for their leadership and growth of the practice. The article highlights the strengths they each bring to the firm, and the unique ability of the APRM Group; "Now the group advises on the entire life cycle of consumer products, from their creation to safety testing, advertising campaigns, product recalls and designing consumer tests to back up marketing claims — which is almost like a science," Cole states. Additionally, Falvey highlights, "part of the reason she joined Crowell was because the firm's leaders understood that the science that must be conducted to back up marketing claims is the same science that federal regulators look at when evaluating the safety of products."

In the National Law Journal (NLJ) special report "Washington Litigation Departments of the Year," Crowell & Moring was named "Department of the Year" in the "General Civil Litigation" category. For this report, the NLJ editorial team evaluated litigation departments in the nation's capital based on several criteria including biggest wins, revenues, headcounts, and operations. As a result of their research and findings, the team selected six "excellent firms" in this first-ever, Washington, D.C.-based contest. When asked about the firm's key to success, firm chairman and Washington, D.C.-based partner, Kent Gardiner, remarked, "Clients bet on us because we bet on ourselves to win for them, and we collaborate to structure our fees around our ability to achieve success as they define it."

Ellen M. Dwyer, Crowell & Moring's managing partner, offers her perspective on maternity leave policies in this article which highlights advice given by best-selling author Sheryl Sandberg in her book "Lean In." Dwyer notes, "I believe that when you have policies that make it really clear and transparent ... all of the ways that an employer can accommodate employees who have needs that take them away from the workplace, it's sending a message to your employees that you are committed."

Crowell & Moring chairman, and Washington, D.C.-based partner, Kent Gardiner shares this thoughts on third party litigation funding, saying he believes a number of the country's largest companies have "engaged in some kind of funded litigation."

Crowell & Moring LLP's second annual Advertising & Product Risk Management seminar is featured in Bloomberg BNA Product Safety & Liability Reporter in a piece titled, "Planning, Coordination, Consistency Urged In Talks Geared to Business and Its Counsel." According to the piece, "A holistic approach to risk management, integrating legal and business concerns, works best for companies throughout the life cycle of their products."