Everything we do, from building a 75,000 sq. ft. litigation technology facility, to establishing our CapAnalysis affiliate, is predicated on a single question: "Does it make us a better trial firm?"

Areas of focus:

Since the founding of the firm, Howrey has differentiated itself by always being ready, willing and able to stand up before a judge or jury to state our client’s case. Not every case goes to trial, but trial readiness improves the likelihood and magnitude of success for our clients, no matter how the dispute is ultimately resolved. Our trial-oriented approach necessitates a focused discovery strategy, which can be both more productive and less costly for our clients. Our rigorous discovery methods foster close attorney-client communication and result in a thorough, well-thought out litigation strategy based on the best and most complete information available, leading to success at trial, on appeal, and in negotiations.

Our experience and willingness to go to court and try cases before judges and juries enables Howrey to negotiate with opposing parties – both private parties and the government – from a position of strength and confidence. Many lawyers today like to litigate, i.e., push paper and take depositions, but few like to stand up in a courtroom and try a case. Our willingness to try cases and our reputation for success work to our advantage at the negotiating table, enabling us to obtain the best negotiation and settlement, if settlement is in the best interest of the client.

Representative Matters

• Caterpillar Inc. et al v. California Air Resources Board. Howrey won an unprecedented trial verdict against the California Air Resources Board (CARB) in a case of first impression brought by Caterpillar and other heavy-duty diesel engine manufacturers. Following a two week bench trial, the Court concluded that an ARB emissions regulation breached settlement agreements entered by manufacturers and ARB, unconstitutionally impaired those agreements, and amounted to an illegal involuntary recall. While other plaintiffs, including Mack Trucks, Volvo Truck Corporation, and Cummins, were represented by major firms, all looked to Howrey to try the case.
• Fifth Third Bank v. The United States. Fifth Third Bank was one of a number of thrifts that was severely impacted by new regulations removing certain favorable regulatory treatment of goodwill in prior legislation. The Supreme Court held in the Winstar trilogy of cases that the government was liable for any damages caused by the removal of this goodwill. After a first trial on liability was dismissed, the Federal Circuit reversed and remanded the case for trial on damages. The Court of Federal Claims ultimately awarded over $76 million in breach of contract damages. This damage award was upheld on appeal to the Federal Circuit in March 2008, successfully concluding an 13-year battle against the government.
• NovaGold Resources Inc. et al v. Barrick Gold Corporation et al.  Howrey’s client, Barrick, the world's largest gold producer, launched a hostile tender offer for NovaGold, another gold producer. NovaGold filed a complaint seeking a temporary restraining order and a preliminary injunction to stop the tender offer, based on alleged violations of the Williams Act. After separate hearings, both the requested TRO and preliminary injunction were denied in their entirety, thereby permitting the tender offer to proceed.
• HotSamba Inc. v. Caterpillar Inc. Howrey represented Caterpillar in a four-week jury trial in the US District Court for the Northern District of Illinois. Plaintiff HotSamba, a software company, sought damages of more than $420 million from Caterpillar based on claims of breach of a software license agreement, copyright infringement, and misappropriation of trade secrets. Caterpillar pursued counterclaims of $2 million for breach of a consulting contract and fraud. The jury returned a verdict in favor of HotSamba for $5.5 million and in favor of Caterpillar for $500,000 – a savings of over $400 million for Howrey’s client. 
• Cable & Wireless v. MCI WorldCom. In a multifaceted dispute arising from MCI's sale of its internet backbone to C&W, Howrey was lead counsel for C&W in two arbitration hearings, as well as additional hearings before the US Department of Justice, the European Commission, and Congress. At the conclusion of the various proceedings, MCI made payments and concessions to C&W totaling $248 million.
• Foster Farms v. SunTrust Bank. Howrey represents plaintiff Foster Farms in this commercial case involving a written credit agreement for acquisition financing exceeding $100 million. At the conclusion of a two week bench trial, opposing counsel conceded liability for breach of contract during closing arguments. Awaiting final ruling on damages.