Overview
Garrett Fox is a litigation partner in the Chicago office of Kirkland & Ellis LLP. Garrett represents plaintiffs and defendants in a wide range of industries, from pharmaceutical companies, to industrial material manufacturers, to cryptocurrency firms. Garrett’s practice focuses on discovery, motion practice and trial in federal litigation alleging securities fraud, pharmaceutical contract disputes, mass torts and patent infringement, among other things.
Prior to joining Kirkland, Garrett worked at another global law firm where he served as trial counsel for the Canadian government, winning a liability verdict in a case alleging tens of millions of dollars in patent infringement damages. Garrett also successfully defended large employers, including United Airlines and the J.M. Smucker Company, against Title VII and First Amendment challenges to their COVID-19 vaccine policies for employees during the pandemic.
Garrett maintains an active pro bono practice. He has represented criminal defendants in federal appeals and presented multiple oral arguments before the United States Court of Appeals for the Sixth Circuit on their behalf. He has also visited ICE detention facilities to counsel asylum seekers in Laredo, Texas, and investigated torture claims alleged against the Chicago Police Department.
Before entering private practice, Garrett graduated from the University of Chicago (Phi Beta Kappa) and the University of Michigan Law School (magna cum laude). He also served as a judicial law clerk for the Honorable Chad A. Readler of the United States Court of Appeals for the Sixth Circuit and for the Honorable James S. Gwin of the United States District Court for the Northern District of Ohio.
Experience
Representative Matters
Colin Petrus v. Koppers Inc. (N.D. Ill.): Representing Chicago-area manufacturer in putative class action alleging noxious odors.
Holwill v. AbbVie Inc. (N.D. Ill.): Won summary judgment for AbbVie in securities class action relating to patient support services for HUMIRA.
In re East Palestine Train Derailment Litigation (N.D. Ohio): Co-trial counsel for GATX in actions arising from East Palestine, Ohio train derailment and release of hazardous materials. After a month-long trial, jury found in favor of GATX and attributed 100% liability to Norfolk Southern.
In re Franchise Group, Inc., et al. (Bankr. D. Del.): Represented Franchise Group, owner and operator of franchised and franchisable businesses, in connection with its Chapter 11 restructuring. Following months of litigation, Kirkland was retained and helped Franchise Group secure a global settlement with its key stakeholders to deliver its balance sheet by more than $2.4 billion and emerge from Chapter 11 with a deleveraged capital structure, enhanced liquidity, and a strengthened and simplified business model.
Nektar Therapeutics v. Eli Lilly and Company (N.D. Cal): Counsel for Eli Lilly and Company in contract dispute alleging breach of commercially reasonable efforts clause under collaboration agreement.
PDL BioPharma v. Eli Lilly and Company (S.D. Ind.): Won summary judgment for Eli Lilly and Company in contract dispute related to the humanization and development of Lilly’s Alzheimer’s treatment.
U.S. ex rel. Hearrell v. Allergan (E.D. Tex.): Won summary judgment for Allergan in False Claims Act case alleging nationwide, decades’ long scheme to promote Botox off-label and with kickbacks, disposing of all claims two weeks before trial in the Eastern District of Texas.
Clerk & Government Experience
Judicial ClerkHonorable James S. GwinUnited States District Court for the Northern District of Ohio2020–2021
Judicial ClerkHonorable Chad A. ReadlerUnited States Court of Appeals for the Sixth Circuit2019–2020
Prior Experience
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Credentials
Admissions & Qualifications
- 2019Illinois
- 2021Ohio
Courts
- United States Court of Appeals for the Sixth Circuit
- United States District Court for the Northern District of Illinois
- United States District Court for the Northern District of Ohio
- United States District Court for the Southern District of Ohio
Education
- University of Michigan Law SchoolJ.D.magna cum laude2018
Order of the Coif
Editor-in-Chief, Michigan Business & Entreprenerial Law Review
Federal Appellate Litigation Clinic
Veterans Legal Clinic
- University of ChicagoB.A., Philosophy2015Phi Beta Kappa