Supreme Court & Appellate Litigation
Led by one of the country’s premier Supreme Court advocates, the Paul, Weiss Supreme Court and Appellate Practice regularly handles high-profile cases before the U.S. Supreme Court and federal and state appellate courts. Our lawyers have secured victories in some of the most important business and public interest cases of our time.
- Obduskey v. McCarthy & Holthus LLP, 139 S. Ct. 1029 (2019) — Secured unanimous Supreme Court victory in favor of client McCarthy & Holthus LLP in a decision holding that entities that engage in nonjudicial foreclosure proceedings in accordance with state law are not subject to the general provisions of the Fair Debt Collection Practices Act.
- Retractable Technologies, Inc. v. Becton Dickinson & Co., 919 F.3d 869 (5th Cir. 2019) — Secured affirmance of district court’s decision to award the plaintiff neither injunctive relief nor disgorgement of profits under the Lanham Act in a long-running lawsuit against client Beckton Dickinson & Co. related to its marketing of syringes.
- Sea Breeze Salt, Inc. v. Mitsubishi Corp., 899 F.3d 1064 (9th Cir. 2018) — Secured affirmance of the dismissal of an antitrust lawsuit against client Mitsubishi Corp. in a decision holding that the “act of state” doctrine precluded antitrust claims stemming from the conduct of a Mexican company owned and controlled by the Mexican Government.
- Akorn, Inc. v. Fresenius Kabi AG, 198 A.3d 724 (Del. 2018) —Secured approval of client Fresenius SE’s cancellation of a $4.8 billion agreement to acquire Akorn, Inc., in a decision affirming the first-ever finding by the Delaware Chancery Court of a “material adverse effect,” justifying the cancellation of a corporate merger, based on the post-agreement financial decline of the target firm.
- Garmin International Inc. v. ITC, 697 Fed. Appx. 1007 (Fed. Cir. 2017) — Obtained reversal of findings by the International Trade Commission that client Garmin International Inc. infringed three patents held by Navico Inc. related to sonar-imaging technology.
- Shawe v. Elting, 157 A.3d 142, 144 (Del. 2017) — Secured affirmance of $7.1 million sanctions award in favor of client Elizabeth Elting, co-founder of Transperfect Global, Inc., in corporate-control litigation in which Elting’s adversary had accessed Elting’s lawyer-client communications and attempted to delete electronic files to prevent their discovery.
- Retractable Technologies, Inc. v. Becton Dickinson & Co., 842 F.3d 883 (5th Cir. 2016) — Secured the vacatur of an antitrust verdict against client Becton Dickinson & Co. in a long-running lawsuit related to its marketing of syringes, on the ground that no actionable anticompetitive conduct occurred.
- United States v. Newman, 773 F.3d 438 (2d Cir. 2014) — Obtained reversal of client Anthony Chiasson’s conviction and dismissal of his indictment in a landmark insider-trading decision holding that a tippee is not guilty of insider trading absent knowledge that the tipper received a personal benefit in connection with his or her disclosure of non-public information.
- SEC v. Citigroup Global Markets Inc., 752 F.3d 285 (2d Cir. 2014) — Obtained reversal of the district court’s refusal to approve a consent decree between client Citigroup Global Markets Inc. and the Securities & Exchange Commission in a significant decision that clarified the standard for judicial review of a proposed regulatory consent decree and precluded judicial inquiry into the decree’s “adequacy.”