What We Do

Wilkinson Walsh + Eskovitz : Purpose
Purpose
Wilkinson Walsh + Eskovitz : Experience
Experience
Wilkinson Walsh + Eskovitz : Results
Results

Wilkinson Walsh + Eskovitz has one purpose: winning high-stakes trials.

Best Trial Teams

Before joining forces, we were partners at some of the top large litigation firms in the country. We formed Wilkinson Walsh + Eskovitz because trial work is our passion and expertise. Our innovative business model allows us to serve our clients efficiently while maintaining our commitment to developing the next generation of trial lawyers. The model is working. We have achieved successful outcomes for our clients before, during, and after trial in some of the toughest jurisdictions in America, with a growing bench of trial lawyers. Since the firm’s founding, nine WW+E lawyers have had first- or second-chair roles in prominent trials, and many more have achieved significant on-their-feet experience, including through pro bono cases.

Based on our success in just our first year of existence, Benchmark Litigation named Wilkinson Walsh + Eskovitz the “Boutique Firm of the Year,” calling the firm a “litigator’s dream shop.” In only our third year of existence, Vault has ranked Wilkinson Walsh + Eskovitz as the third most selective midsize law firm, the second best midsize law firm for compensation, and the third best midsize law firm for diversity.

Our attorneys have now tried over 120 cases to verdict. We know that trials are won by tight-knit teams of smart, innovative, and highly skilled litigators committed to delivering excellent results for their clients. That is who we are. Our lawyers include:

  • The American Lawyer Litigator of the Year and a Fellow of the American College of Trial Lawyers
  • Five former federal prosecutors and one former federal defender
  • A former Special Assistant to the President and Associate Counsel in the White House Counsel’s Office
  • Former law clerks to federal trial and appellate judges across the country, including seven former Supreme Court clerks

Our associates are the best and brightest young lawyers in the country. Educated at the nation’s best law schools, these top-caliber women and men have exceptional energy, experience, and talent. They have spent considerable time in the courtroom and they share our passion for trial work as well as our commitment to outstanding client service.

National Success

Our results speak for themselves. Together, we have successfully tried cases to juries and judges across the country, from Los Angeles, San Diego, San Jose, and San Francisco to New York, Washington, Philadelphia, and Boston—and many places in between (including St. Louis, Dallas, Denver, Las Vegas, New Orleans, and Omaha).

Since WW+E opened its doors in 2016, we have notched significant trial victories in courts throughout the country, with multiple attorneys in first- and second-chair roles:

  • We won the first two federal bellwether trials in New Orleans in a multi-district litigation involving the blood thinner Xarelto. Plaintiffs claimed that our client, Bayer Healthcare Pharmaceuticals, had failed to provide adequate warnings to doctors about risks associated with Xarelto. In both cases, the jury returned unanimous defense verdicts within two hours after closing arguments. Founding partner Beth Wilkinson was named American Lawyer’s Litigator of the Week and a Law360 Legal Lion for her work leading the defense team in the first trial.
  • Since then, we have won two jury verdicts for Bayer in the state-court bellwether litigation over Xarelto. The most recent trial victory came in September 2018, when a jury in the Pennsylvania Court of Common Pleas deliberated for less than three hours, after a trial that lasted over three weeks, before finding that the Xarelto label had adequately instructed doctors on the risks of bleeding associated with the medication.
  • We won a defense jury verdict for the National Collegiate Athletic Association (NCAA) in a defamation suit brought in the Los Angeles Superior Court by former University of Southern California (USC) assistant football coach Todd McNair.
  • We won a complete defense verdict for Altria Group Inc.’s Philip Morris unit in a three-week jury trial in St. Louis, just weeks after the firm’s founding. Plaintiffs sought more than $1.5 billion in compensatory and punitive damages based on claims that the company had deceived smokers with the marketing of Marlboro Lights. The jury issued a complete defense verdict after deliberating for less than an hour.
  • Led by our associates, we have won several pro bono cases, including obtaining primary custody of two minor children for a domestic violence survivor at trial, obtaining a civil protection order in another contested domestic violence trial, and winning asylum for a sixteen-year-old client fleeing persecution in Honduras.

We’ve won important cases before trial as well:

  • We won summary judgment for Georgia Pacific LLC in an antitrust class action lawsuit involving over $10 billion in claimed damages. The court’s decision came just one day after it had preliminarily approved a settlement in which Georgia Pacific’s co-defendants agreed to pay over $350 million.
  • We won an outright victory for the NFL in a class action lawsuit challenging the League’s multi-billion-dollar distributorship arrangement with DIRECTV for the Sunday Ticket package. The federal court in Los Angeles granted the NFL’s motion to dismiss all of the Plaintiffs’ claims, with prejudice.
  • We secured a complete dismissal of a securities fraud class action in the Eastern District of Virginia for MAXIMUS Inc., before any discovery was taken.
  • We obtained the unprecedented dismissal of a lawsuit brought by the Consumer Financial Protection Bureau against the economic development arms of the Habematolel Pomo Tribe of Upper Lake. The Bureau withdrew its case in early 2018 rather than respond to WW+E’s motion to dismiss.

We have also achieved significant post-trial victories:

  • In 2017, a WW+E team convinced the judge presiding over the first-ever Xarelto case in the Philadelphia Court of Common Pleas to reject a multi-million dollar verdict for Plaintiff and to award judgment to Bayer. We went on to win the next two state-court bellwether Xarelto cases at trial.
  • We successfully argued for the court to dismiss Plaintiffs’ biggest win—a $250 million award for false designation—in Zenimax Media et al. v. Oculus VR. WW+E represented all Defendants in this case, including Oculus VR and its parent company Facebook. We prevailed on most of the claims at trial, with Plaintiffs receiving only a small fraction of the damages they sought. In addition to reducing the damages further based on our post-trial arguments, the court denied Plaintiffs’ motion to enjoin the use of disputed technology in the Oculus Rift headset—allowing Oculus VR to market and sell its products without restriction—and granted Defendants’ motion for sanctions.

Simply put, we have won big victories at every stage of litigation.

Winning Strategy

The heart of every case is a story that connects with judges and juries. From the very beginning of every case, we work to uncover that story, convey it to the judge, and prepare to share it with the jury. We master the complex facts and law so that we can present each case in a clear, concise, and compelling way.

Not all of our cases go to trial, but we work efficiently and maximize settlement value by staying laser-focused on how we would prevail at trial. Our track record and pre-trial strategy demonstrate to our adversaries that we are prepared to go to trial and to win.

Fees That Work

For every matter, we price our services to align our incentives with our clients’ success. Our goal is to win your case, and our billing arrangements reflect that. We favor billing arrangements that provide value and predictability for our clients, including:

  • Monthly retainers, subject to adjustment with workflow
  • Flat per-project fees
  • Success fees