Litigation Departments of the Year Winner (Products & Mass Torts): Kirkland & Ellis
Kirkland & Ellis was named “Litigation Department of the Year, Products & Mass Torts” as part of the New York Law Journal Awards. Kristen Fournier participated in this Q&A.
What are some of the department’s most satisfying successes of the past year and why?
This was the first year that our significantly expanded group was all practicing at Kirkland together, and we could not be more thrilled with the outcome. Our team provided well over 360,000 hours of legal services in every area of products liability, from pharmaceuticals to consumer products to emerging tech torts. We partnered with clients in every sector of the economy on groundbreaking cases that are not only some of the largest the industry has ever seen, like the Johnson & Johnson talc cases, but also those that are breaking new ground on legal theories, like social media litigation.
We also are particularly proud of our efforts to offensively protect our clients’ important brands, not just defend them. For example, Kirkland is lead counsel in a series of first-of-their-kind lawsuits seeking to hold certain authors liable for knowingly publishing false research. Members of our team have also recently filed litigation to unwind a transaction where the seller hid certain product risks from the buyer, leading to a recall. While this type of work is innovative, what really matters is how it demonstrates our commitment to collaborating with our clients as true partners in their success.
What I found most personally satisfying was that, alongside our sophisticated legal work, we helped run Kirkland’s annual KITA litigation boot camp and led a year-long training series designed to educate all our lawyers on the skills needed to excel as product litigators. Investing in the scope and depth of our bench was incredibly gratifying.
What traits do you respect most in opposing firms and lawyers?
Honesty and integrity. We pride ourselves on being straight shooters. We litigate hard but are also direct and true to our word. When a deal is made, it is honored. We want to win because our skills and performance set us apart, not because of manipulation or dirty tricks.
Our team had the unique experience of litigating several high-profile bankruptcy efforts in the last year or two—a very different landscape from our day-to-day work in litigating cases in the products liability space. The discovery in these cases gives you a unique window into your opponent’s underlying litigation strategy, and what we learned was fascinating. Some of the very best trial lawyers in the country are undoubtedly plaintiff side lawyers, and we found those same folks were also some of the most reliable. We didn’t see eye to eye on everything, but we came to appreciate that we could rely on their representations to us—both in and outside of the courtroom. Sadly, that was not the takeaway from every opponent.
In mass tort and products liability, the resolution of any given docket is most often through settlement, which requires the most basic trust on both sides. Even if we disagree on every single fact, in the end, you must work towards a mutually agreeable resolution for both clients, and we strive to always conduct ourselves with that in mind. We respect opponents who behave the same.
What is the firm doing to ensure that future generations of litigators are ready to take the helm?
I would stack up our group against literally any in the country when it comes to this question!
Beyond the extensive and intensive training Kirkland offers through KITA, perhaps most valuably, we prioritize early and frequent “at bats” for our attorneys practicing at all levels. Everyone from the most junior associates up through young partners are given the chance to get on their feet, through depositions of fact witnesses, motion in limine arguments, examining witnesses at trial, or handling oral argument on appeal.
One of the most exciting aspects of overseeing such a sprawling and diverse products docket is the sheer number of opportunities for real, roll-up-your-sleeves litigation assignments—and our clients are true partners in our efforts to make sure those opportunities are provided at every level. Clients want our young talent to develop real trial skills, not just make witness kits or edit memorandums. That deep bench development is the only way we can continue to field multiple trial teams at once, which is what our clients need. Several have partnered with us to develop day long trial schools with mock argument sessions and feedback from the in-house teams. It’s a tremendous opportunity for the very best up-and-coming lawyers to show our clients what we already know: they are ready to first and second chair major trials.
This real-world training and development of our young talent is one of our highest priorities, and I am proud to say, that we are hitting out of the park.
