Insights

Washington, D.C. – June 22, 2022: Jed Wulfekotte joins Crowell & Moring’s Washington office as a partner in its Litigation and Health Care groups, where he will represent corporate clients as both plaintiffs and defendants in complex commercial litigation matters spanning a wide range of industries, most notably, health care, pharmaceuticals, life sciences, government contracts, and technology. He also will represent companies involved in False Claims Act investigations and qui tam litigation.    

Washington — January 22, 2020: Crowell & Moring has released Litigation Forecast 2020: What Corporate Counsel Need to Know for the Coming Year. The eighth-annual Forecast provides forward-looking insights from leading Crowell & Moring lawyers to help legal departments anticipate and respond to challenges that might arise in the year ahead. For 2020, the Forecast focuses on how the digital revolution is giving rise to new litigation risks, and it explores trends in employment non-competes, the future of stare decisis, the role of smartphones in investigations and litigation, and more.

It is increasingly difficult for universities to rely on traditional funding sources. Public colleges and universities rely on states (and to lesser extent localities) for 53 percent of revenue used for instructional programs.1 Forty-seven states spent less per student in the 2014-2015 school year than they did before the recession.2 As result, public higher education institutions received 20 percent less state funding per student than they did in 2007-2008.3 Considerable evidence indicates that universities have reduced spending to compensate for lost funding – often in ways that reduce academic quality or offerings.4

A recent court ruling illustrates the significant value of Federal Rule of Evidence 502 for preserving privilege in a cost-effective and expedient manner. In Chevron v. Weinberg Group, Misc. Action No. 11-409 (D.D.C.), Magistrate Judge John Facciola entered a Rule 502(d) order that allows the defendant to knowingly produce purportedly privileged materials without waiving any privileges applicable to those materials. In entering the order, the court expressed dismay that the defendant had "just now discovered Rule 502(d), the use of which may have prevented the protracted litigation and discovery battles that have plagued this case for the past two years."

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.

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."

With tight competition for government contracts, more companies can be expected to dispute federal payments in court—a strategy that can boost the bottom line and strengthen the law department’s position as a partner with the business.

The Government Investigations & Civil Litigation Institute's (GICLI) Fifth Annual Meeting shares valuable experiences and practical strategies for handling government investigations and related civil litigation at collegial round-table and panel discussions.

Two days of workshop-style learning on value-based fee structures and the management skills and tools to support them, valuable take-home resources, and opportunities to network with other attendees

A failure to meet safety compliance and regulatory obligations can undo the herculean efforts to surmount supply chain challenges and get products into the US. Our Products Liability and Regulatory Compliance lawyers will discuss the impacts of current efforts by regulators to police product safety at the ports, the expectations of federal safety regulators at the ports and how to use compliance documentation to speed the process when products have been stopped for inspection. Our discussion will cover activities at CPSC, NHTSA, EPA and FDA. The panel will also discuss the challenge of counterfeit products and parts and how safety can be a lever to stop counterfeits. Given the increased costs of shipping, downstream recovery opportunities may help alleviate some of the monetary pressures and our panel will discuss these opportunities as well as the contract clauses that can allocate risks appropriately when things do go wrong.

This Corporate Counsel Litigation Forum webinar will feature a panel of in-house attorneys who are leaders in affirmative recovery. Panelists will address trends for corporations and institutions to recover overcharges resulting from price-fixing and other antitrust violations, as well as recoveries relating to health care, financial instruments, supply chain, commercial contracts, tax, and international trade. The panel will engage in discussion and take questions on a range of topics, including: