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Morrison & Foerster is no stranger to complex, high-stakes disputes. Our clients, whether they are Fortune 100 multinationals or early-stage tech companies, turn to us for help with their most difficult legal issues. We work closely with them to understand their businesses, identify potential areas of legal exposure, devise strategies to manage risk, and, where appropriate, resolve disputes short of trial.

If it comes to trial, Morrison & Foerster litigators win. Our clients have prevailed in hundreds of cases before judges and juries. We have 120 lawyers with first-chair trial experience, and 14 members of the most elite U.S. trial organizations: the American Board of Trial Advocates and the American College of Trial Lawyers.

Our 500 litigators include some of the top trial and appellate lawyers in the U.S., Japan, China, and the UK, with leading practitioners in intellectual property, securities, commercial litigation, antitrust, white-collar criminal defense, product liability, class actions, unfair competition, financial services, trade secrets, privacy, and employment litigation. Our clients include such leading companies as Apple, Bank of America, Bayer Corporation, Clorox, EchoStar, Gap, JPMorgan Chase, McKesson Corporation, Novartis, Oracle, Target, U.S. Bank, and Yahoo!  Our team includes more than 150 lawyers with technical degrees and experience as engineers and other technical professionals. This experience provides our clients with a competitive edge in analyzing claims and defenses with respect to technology, life sciences, financial services, and consumer products.

Our firm is consistently ranked as one of the top litigation practices in the country by The American Lawyer, the Chambers guides, The National Law Journal, and Benchmark Litigation. The U.S. News & World Report/Best Lawyers’ “Best Law Firms” ranks the firm in the top tier nationally in 12 separate litigation practices. We are also the only law firm to have four lawyers on the National Law Journal's annual "Winning" list four years running. That's four different trial lawyers from one of the deepest litigation benches in the world.

Representative Matters

  • Anvik v. Nikon (S.D.N.Y.) We prevailed on summary judgment of invalidity for Nikon Corporation in a patent infringement claim brought by Anvik, where the inventor of the asserted patents failed to disclose his best mode.
     
  • Oracle America, Inc. v. Google, Inc. (N.D. Cal.) We represent Oracle in an action for copyright and patent infringement based on use of Java technology in Android software and operating system.
     
  • SCO Group v. Novell (D. Utah) We represented Novell in its dispute with SCO Group over the copyrights to the UNIX computer operating system, obtaining a defense verdict following a three-week trial and successfully defending the jury verdict and district court rulings on appeal. 
     
  • In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation  (E.D.N.Y.) We represent a major financial institution in federal antitrust class and individual actions alleging that the payment card practices of the defendant card networks and financial institutions constitute an unreasonable restraint of trade and illegal monopolization, in what is likely the largest private antitrust suit ever brought.
     
  • SP Syntax LLC v. Ernst & Young LLP (Cal. Super.) We won a unanimous jury verdict on behalf of Ernst & Young in an accounting malpractice case where plaintiff, a hedge fund, sought $48 million. The jury took less than two hours to conclude there was no negligence. This came hot on the heels of a 2009 defense verdict for E&Y in the Southern District of New York, where plaintiffs sought damages in excess of $200 million and, after 12 trial days, a jury took less than three hours to conclude there was no negligence.
     
  • Technology Integrated Group v. FusionStorm (Cal. Super.) We won a $10.8 million jury verdict and successfully defended all counterclaims in a five-week trial involving the value-added reseller industry. The jury found that multiple defendants had violated their duty of care to their former employer and willfully misappropriated trade secrets, and that the new employer aided, abetted, and ratified those acts. It awarded punitive damages against plaintiff’s former manager, the new employer, and three of its officers. 
     
  • In re IPO Securities Litigation (S.D.N.Y.) We served as court-appointed liaison counsel for more than 300 issuers and 1,000 individual defendants and also directly represented over 30 issuer defendants, some of which are still in business, and approximately 200 individual defendants in a coordinated proceeding of more than 300 class actions where investors accused securities underwriters and high-tech firms of illegally pumping up post-IPO stock prices.
     
  • In re Hydroxycut Marketing and Sales Practice Litigation (S.D. Cal.) We are serving as lead national trial and coordinating counsel in an MDL proceeding consolidating 28 product liability and false advertising class actions in federal court. Plaintiffs allege that our client, a major food supplement manufacturer, and other defendants engaged in false advertising in connection with the sale of herbal weight loss supplements.
     
  • Voorhis v. Cessna (Cal. Super.) We represented Cessna Aircraft Company in litigation arising from an airline accident in 2006, where the plaintiffs sought hundreds of millions. After several attempts to reach a settlement through mediation, Cessna made a statutory offer to compromise 10 days before trial. It was rejected. After a six-week trial, the jury returned a defense verdict, finding that the decedent was solely responsible for the accident.

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