Brenton Rogers, P.C.

Trials

• Confidential Pharmaceutical Industry Royalty Dispute: Represented respondent in arbitration in which claimant sought to void approximately $500 million in past and future royalties relating to revolutionary drug discovery technology. Led all pre-trial strategy and cross-examined claimant’s sole fact witness at trial. Arbitration panel unanimously ruled for client on all issues and determined that royalty obligation was valid.
• SS&C Technologies v. Clearwater Analytics: Represented Clearwater Analytics in two-week theft of trade secrets jury trial. Responsible for developing trial strategy on damages issues, which was focus of the defense case after client conceded that its employees had taken and used certain of plaintiff’s information. Cross-examined multiple witnesses, including plaintiffs’ CEO and CFO. Conducted direct examination of client’s founder and defense damages expert. Jury awarded plaintiffs less than 8% of claimed damages.
• Abbott Laboratories/AbbVie: Represented Abbott Laboratories and AbbVie Inc. in dozens of product liability personal injury cases related to client’s blockbuster biologic drug, Humira. Obtained complete dismissal or settlement of all but one case. Conducted direct examination of company witness and argued verdict form that resulted in special interrogatory in client’s favor in the only case to go to trial.
• The Dow Chemical Company: Represented Dow in groundwater contamination eight-week bench trial involving chlorinated compounds. In remedy phase of trial, cross-examined plaintiffs’ lead remediation expert. Judge rejected plaintiffs’ remediation plan and adopted client’s. Affirmed on appeal.
• In re Energy Future Holdings Corp. (EFH): Represented EFH in one of the largest, most complex, and most contentious financial restructurings in history. Coordinated trial team and strategy and conducted direct exam of company witness on tax matters in confirmation trial, after which client’s plan of reorganization was confirmed.

Toxic Torts

• YRC Worldwide, Inc.: Served as lead counsel to YRC Worldwide, Inc. in its defense against a groundwater contamination lawsuit brought by the Village of Sauk Village, Illinois. Achieved removal of the case to federal court beyond the statutory deadline, then developed the factual and expert record to secure a unanimous jury verdict for YRC.
• YRC Worldwide, Inc.: Served as lead counsel to YRC in its defense against two groundwater contamination class action lawsuits brought by residents and homeowners in Sauk Village, Illinois. Successfully argued for dismissal of all claims in the trial court, and successfully defended those dismissals in the Illinois Appellate Court and Illinois Supreme Court.
• Rohm and Haas: Represented Rohm and Haas in more than a dozen lawsuits based on an alleged brain cancer cluster in a small Illinois town, allegedly caused by exposure to vinyl chloride. The first and only case to go to trial resulted in judgment for Rohm and Haas after a several-week jury trial, and all cases were subsequently settled.

Current Matters

• Abbott Laboratories: Representing Abbott in opioids litigation around the country. Successfully argued petition for writ of mandamus to Alabama Supreme Court on statute of limitations grounds, resulting in complete dismissal with prejudice of multiple cases in Alabama. Successfully argued motion to dismiss in Arkansas. Motions to dismiss in other jurisdictions pending.
• AbbVie: Representing AbbVie in False Claims Act case and related securities case regarding clients patient support services. Significantly narrowed scope of whistleblower case through motion practice.
• U.S. ex rel. Schutte v. Supervalu and U.S. ex rel. Proctor v. Safeway: Representing clients in False Claims Act cases where whistleblowers asserted pharmacies submitted tens of millions of fraudulent Medicare claims over nearly a decade when offering discounts to uninsured customers. District court granted summary judgment for defendants and dismissed all claims, and 7th Circuit affirmed in Schutte (Proctor appeal pending).

Merger Disputes

• Abbott Laboratories v. Alere Inc.: Represented Abbott in its merger dispute with Alere Inc., which Abbott was to acquire for $8.4 billion. Filed a lawsuit to terminate the deal and pursued an aggressive discovery strategy on a highly compressed trial schedule, ultimately helping Abbott secure an approximately $500 million purchase price reduction.
• The Dow Chemical Company: Represented Dow in its defense of an action by Rohm and Haas seeking specific performance of a $15 billion cash merger agreement. On the first day of trial, Dow achieved a settlement in which Rohm and Haas shareholders agreed to reduce the cash component of the merger consideration by $3 billion.

Represented an inmate in his appeal of the dismissal of his Section 1983 case against prison officials. The United States Court of Appeals for the Seventh Circuit reversed the dismissal and ordered a new trial. As a third year associate, co-first chaired two-day re-trial. Delivered opening statements, cross examined medical doctor who treated plaintiff and direct examined multiple inmates.

Represented an immigrant in his appeal of the denial of his asylum petition. The United States Court of Appeals for the Seventh Circuit reversed the decision, and the immigration appellate panel ordered the immigration judge to grant asylum.