Libby Marden

Prior to joining Kirkland, Libby was involved in the following representative matters:

High-Stakes Litigation

• Served as trial counsel in successful defense of a $500 million action for breach of contract and misappropriation of trade secrets on behalf of an international telecommunications company.
• Represented one of the U.S.’s largest healthcare systems in successful prosecution of $200 million breach of contract dispute with healthcare technology vendor.
• Successfully prosecuted breach of fiduciary duty claims on behalf of a bankruptcy trustee, obtaining more than $93 million judgment for the client in the one of the largest jurisdictional wins that year.
• Served as trial counsel in successful prosecution of numerous antitrust and patent claims on behalf of major international technology company, including successfully defending of numerous dispositive motions.
• Successfully defended major national hospital chain in highly publicized antitrust lawsuit brought by a state attorney general, including managing depositions, expert witnesses and trial preparation activities.
• Obtained complete victory in multimillion-dollar tax appeal before a state tax commission.
• Successfully defended $150 million trade secrets misappropriation litigation on behalf of healthcare company.

Contract and Licensing Disputes

• Served as first-chair trial counsel in successful defense of numerous multimillion-dollar breach of contract and tort disputes nationwide on behalf of major wireless carrier.
• Served as first-chair trial counsel in successful prosecution of numerous licensing and contract disputes on behalf of major sports organization, obtaining millions of dollars in judgments for the client.
• Secured dismissal of multimillion-dollar case involving claims of fraudulent concealment, breach of fiduciary duty and breach of contract for Fortune 100 corporation in federal appellate court.
• Successfully obtained multiple monetary judgments and injunctive relief orders on behalf of major hospitals and healthcare systems in lawsuits against federal and state agencies.

Class Actions and Class Action Avoidance

• Served as trial counsel on behalf of multiple Fortune 500 companies in successful defense of numerous TCPA class actions.
• Developed innovative case and document management systems and analytical reporting mechanisms on behalf of numerous clients for the successful and cost-efficient defense of high-volume litigation and arbitrations.
• Successfully defended commercial real estate company in multimillion-dollar RICO class action.
• Successfully defended multiple billion-dollar companies in class actions for alleged state statutory violations.
• Assisted in successful appeal of a class certification decision in a high-value multidistrict litigation centering on price fixing in natural gas markets in federal appellate court.
• Advised numerous clients on class action avoidance mechanisms.

Data Breach and Privacy Litigation

• Authored successful dispositive motions and obtained complete victories on behalf of multiple Fortune 500 companies in a variety of privacy class actions.
• Secured dismissal of numerous data breach class actions on behalf of several large healthcare organizations.
• Advised on and assisted with legal response to privacy incidents affecting all sizes of clients.
• Managed successful defense of class action opt-outs for data breach affecting millions of customers.

Intellectual Property Litigation

• Successfully defended healthcare technology company in high-value trade secret misappropriation case.
• Secured dismissal of numerous multimillion-dollar patent and trademark cases in federal district court.
• Successfully obtained summary judgment in favor of international technology corporation in defense of highly publicized trademark infringement lawsuit.
• Successfully opposed multiple motions for injunctive relief in intellectual property cases on behalf of billion-dollar corporations in state and federal court.

Prior to joining Kirkland, Libby was involved in the following pro bono matters:

• Successfully secured writ of habeas corpus and declaratory injunctive relief for an immigrant faced with deportation after accidentally overstaying his visa in a nationally recognized detention case.
• Second-chaired felony jury trial resulting in a successful defense verdict for a client who faced possible life imprisonment if convicted.
• Successfully represented multiple former football players in obtaining hundreds of thousands in compensation for serious medical conditions incurred from game-related head trauma.