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2020 e-Edition Get to @HoganLovellsCareersUS @hoganlovellscareers.us know us. linkedin.com/company/hoganlovells How are we different hoganlovells.com/careers.us from other law firms? Well, it’s our dynamic spirit that hits you from the get-go. The feeling of trust; of sharing knowledge to help us all power forward. The deep relationships we forge with clients and with each other, to create a community that buzzes with promise. A community where, above all, you can always be yourself. Hogan Lovells is an international legal practice that includes Hogan Lovells International LLP, Hogan Lovells US LLP and their affiliated businesses. Images of people may feature current or former lawyers and employees at Hogan Lovells or models not connected with the firm. www.hoganlovells.com © Hogan Lovells 2020. All rights reserved. 05625 SPARKING NEW IDEAS. To be inspired by ingenuity and innovation is to challenge the status quo and push great ideas forward. With more than 575 lawyers in 17 offices practicing in 40 areas of law, we serve our clients globally and stand ready to meet their most challenging legal needs. And that takes a special culture. A foundation built on teamwork and client service. United in a spirit of cooperation. Strengthened with experience and character. Austin Charlotte Chicago Dallas Denver Fort Worth Houston London Mexico City New York haynesboone.com Orange County Palo Alto Richardson San Antonio Shanghai The Woodlands Washington, D.C. © 2019 Haynes and Boone, LLP Practice Areas Advertising litigation – Kramer Levin p.85 Insurance p.181 Antitrust meets M&A – Freshfields p.90 Intellectual property – Finnegan p.184 Antitrust p.94 Intellectual property p.187 Appellate p.97 International arbitration p.190 Banking and finance – Weil p.100 International trade – Hogan Lovells p.193 Banking regulatory – Clifford Chance p.103 Labor and employment p.197 Banking and finance p.107 Leveraged finance – Paul Hastings p.200 Bankruptcy and restructuring p.111 Life sciences – Goodwin p.204 Capital markets – Cahill p.115 Life sciences p.207 Capital markets p.119 Litigation p.210 Climate change and renewable energy p.123 Media and advertising p.213 Commercial litigation – Cleary p.125 PPP – Ashurst p.217 Corporate – Jones Day p.131 Privacy and data security – Perkins Coie p.221 Corporate/M&A p.135 Privacy & data security p.225 Derivatives and securitization – Private equity – Goodwin p.227 Allen & Overy p.138 Private equity p.232 Emerging companies – Gunderson p.141 Product liability p.235 Energy and projects p.145 Project finance – Milbank p.238 Environment p.149 Real estate – Adam Leitman Bailey p.241 Environment – Allen & Overy p.152 Space law p.244 First Amendment, libel and defamation p.156 Sports & entertainment p.247 Food & beverages, retail and Tax p.250 franchising p.159 Technology – Goodwin p.253 Funds and investment management – Fried Tech transactions – White & Case p.257 Frank p.163 Technology p.261 Government p.166 Transportation and space – Milbank p.264 Government regulatory – Akin Gump p.170 Venture capital – Gunderson p.267 Healthcare – Waller p.173 Wealth management p.270 Healthcare p.178 White collar litigation – Cahill p.272 www.chambers-associate.com Advertising litigation – Kramer Levin Advertising litigation – Kramer Levin Media is one of the most desirable sectors for students entering the legal profession. We interviewed the experts at Kramer Levin to find out about their varied, exciting practice. The Basics staying abreast of developments in the law and advertis- Chambers Associate: What is covered by advertising ing space generally. litigation law? CA: What do the senior associates do? Norman C. Simon, partner, co-chair: Our Advertising Litigation practice covers four areas. Firstly, we advise Samantha V. Ettari, special counsel: Senior associates our clients on claim substantiation and advertising copy and counsel are involved in every facet of a false adver- in order to ensure both are done carefully and issue spot tising representation, including early case assessment, to mitigate the risk of litigation. Secondly, we represent discovery strategy, interviewing client and third-party our clients as plaintiffs and as defendants in litigation custodians and coordinating document and data col- under the Lanham Act (the federal false advertising lections. We’re researching and coordinating on legal statute). Thirdly, we represent our clients as challeng- defenses or asserting claims, preparing for and taking ers and as advertisers in challenges before the National depositions, coordinating with experts and then examin- Advertising Division (NAD) and in appeals before the Na- ing and crossing witnesses at trial and drafting plead- tional Advertising Review Board (NARB), which are well- ings and motion practice. established business-to-business self-regulatory bod- ies. Finally, we defend our clients in putative class action Patrick J. Campbell, senior associate: Senior associ- litigation brought pursuant to state consumer protection ates play a key role in working with the client to marshal laws. We also keep our clients current on advertising liti- evidence to support a claim or persuade a jury. They of- gation developments by publishing a weekly newsletter, ten take leadership roles in drafting written submissions The Advertising Litigation Report, through our app (The and contribute to the strategy discussion in how best to Ad Lit Report App), and via a monthly webinar present- challenge a competitor’s advertising or defend a client’s ing Advertising Litigation Highlights. claims. They also play a key role in interfacing with cli- ents and clients’ experts to develop arguments and in- CA: What do the partners do? vestigate the facts underlying an advertising dispute. NCS: Partners are involved in every facet of advertising CA: What do the junior associates do? litigation, from protecting our clients from litigation by advising on claim substantiation and advertising copy Dayna M. Chikamoto, junior associate: Kramer Levin clearance to deciding whether to bring an advertising staffs cases leanly, so junior associates are given the challenge and in what manner (e.g. preliminary injunc- chance to get a wide range of substantive experience tion or temporary restraining order - and federal court early in their careers. Document review provides junior versus NAD). Also working hand-in-hand with clients to associates with the unique ability to absorb the facts develop and execute on effective strategies for trials and of the case in a way that more senior associates do not hearings under the Lanham Act and winning arguments have the luxury of doing, and this acquired knowledge before NAD/NARB. We develop effective arguments to becomes essential in the later stages of discovery. I have Practice Areas Practice defeat putative class actions at the motion to dismiss or had the opportunity to shadow partners at court appear- class certification stage. We’re writing and editing briefs ances. Often our clients call asking for claim substantia- and other written submissions, conducting and defend- tion advice, and typically the junior associates are tasked ing depositions, handling arguments and examining wit- with discrete research assignments related to these in- nesses in court or at NAD/NARB. Where appropriate, quiries. negotiating the most favorable settlement possible to resolve a matter. Partners are also responsible for man- Ryan Gander, junior associate: Associates conduct le- aging our team of exceptionally talented lawyers, and gal research, draft internal memoranda, prepare deposi- tion outlines, and draft dispositive motion papers. Asso- 85 Advertising litigation – Kramer Levin www.chambers-associate.com ciates also help edit Kramer Levin’s weekly advertising supposedly false advertising that TrueCar provides a litigation publication and present a monthly webinar to car-buying experience without “haggling” or negotiation. keep our clients up-to-date on the latest developments Ultimately, through a string of progressive victories, in- in advertising law. cluding the court’s granting of our motion to exclude the plaintiffs’ damages expert, we were able to secure the Harry P. Morgenthau, junior associate: One of the dismissal of the case. As a junior associate, my primary things that drew me to our advertising litigation practice role was to master the facts. I reviewed documents, iden- is the broad range of opportunities available to junior as- tified and prepared exhibits for depositions, worked on sociates. Juniors are treated as full members of the team deposition outlines, and was afforded the opportunity to – attending meetings, interfacing with clients, and con- take the deposition of one of the plaintiff dealerships in tributing ideas for how to best serve those clients. this case. I also conducted research and assisted in draft- ing briefs. CA: Describe your latest case: what was the client’s problem? What was your role? How did you spend your What are the different parties you are likely to liase days? with during a case? SVE: I have most recently worked on a large federal NCS: We team with in-house counsel to develop case Lanham Act litigations in the Southern District of New strategy. We also regularly liaise with a client’s business York. The case concerned allegations of false advertis- leadership because a deep understanding of the busi- ing against a client concerning a pregnancy product’s ness is integral to successful litigation. We frequently attributes. The matter was bifurcated into two phases: interface with a client’s marketing team, and equally liability and damages. Kramer Levin was retained to rep- frequently with a client’s research and development or resent the client in the damages phase. I was the lead other internal science teams involved with claim sub- senior associate in the matter and handled cross-border stantiation. And, of course, we regularly liaise with our document collection and production, assisted in pre- colleagues in the advertising litigation bar, both across trial conferences, coordinated with the damages expert, the aisle in litigation and at regular industry conferences took and defended pre-trial depositions, assisted on all and events.