Kosta Stojilkovic

Kosta is an experienced trial lawyer with a record of success in civil and criminal cases. He has tried one case per year, on average, for more than a decade. As a partner with Wilkinson Walsh + Eskovitz, he led a trial team that obtained a defense jury verdict for the NCAA in a highly-publicized defamation case arising from the Reggie Bush scandal. He also represented Facebook in a $6 billion intellectual property trial. Prior to joining the firm, he was an Assistant U.S. Attorney in the Eastern District of Virginia, where he won convictions at trial in a broad range of white collar cases. Kosta began his legal career by clerking for the Honorable John G. Roberts, Jr. on the Supreme Court and the D.C. Circuit.

Kosta was named a Law360 “Rising Star” for Trials (2018), a member of Benchmark Litigation’s “40 and Under Hot List” (2018), and a National Law Journal “DC Rising Star” (2017). Previously, he received awards for his work as a prosecutor, including a Department of Justice Director’s Award (2016) and an Assistant Attorney General’s Award (2015).

Notable Matters

  • Lead trial counsel in Todd McNair v. NCAA. Obtained a defense jury verdict after a month-long trial in state court in Los Angeles. McNair, a former USC assistant football coach, was implicated by the NCAA in the Reggie Bush benefits scandal. He sued the NCAA for defamation and accused it of ending his coaching career, seeking at least $27 million in damages. WW+E took over the representation after the NCAA had lost three pre-trial appeals, including on the issue of McNair’s ability to show falsity and malice. At trial, Kosta and his team persuaded the jury to reject McNair’s claims and find that none of the NCAA’s statements was false. The trial was covered extensively in the media, including ESPN, Sports Illustrated, and the LA Times. After the jury verdict, trial judge Frederick Shaller called the advocacy in the case “the best I’ve seen since I’ve been a judge.”
  • Trial counsel in ZeniMax Media et al. v Oculus VR et al., on behalf of Facebook, Oculus VR, and individual defendants in a federal jury trial in the Northern District of Texas. Plaintiffs sought $6 billion in damages based on alleged use of their intellectual property. Kosta developed case strategy and conducted witness examinations at trial. He helped obtain a defense verdict for Facebook and a partial defense verdict for the remaining defendants, including the jury’s rejection of plaintiffs’ lead claim of trade secret misappropriation. He also led post-trial briefing, where he persuaded the court to sanction plaintiffs for withholding evidence and prevented them from recovering $40 million in attorneys’ fees.
  • Lead prosecutor in United States v. Kolon Industries, a novel prosecution of a foreign conglomerate for conspiring to steal trade secrets from DuPont. Over several years opposite a team of law firms, including a former U.S. Solicitor General, Kosta succeeded in forcing the foreign conglomerate to appear in court in the United States, and obtained a conviction and payment of $360 million in restitution and fines. As reported in The American Lawyer, the case was “a historic first.”
  • As a prosecutor, obtained convictions at trial in large scale identify theft, bank fraud, diplomatic immunity fraud, mortgage fraud, and entitlement fraud cases. Also led bribery convictions of a high-ranking Pentagon official and a U.S. Army reservist who served in Afghanistan, and a series of convictions that helped shut down a market manipulation brokerage in Costa Rica and a tax haven in the Cayman Islands.
  • Successful defense of Cinergy (now a part of Duke Energy) in three Clean Air Act trials opposite the Department of Justice. Conducted direct and cross examinations at trial as a law firm associate. The client prevailed on 44 out of 50 claims at the trial level, with additional claims won on appeal.

Clients & Industries

Kosta has tried a wide variety of cases, including defamation, environmental law, intellectual property, and white collar crime. He played a key role in two leading trade secrets cases in recent years, obtaining a corporate criminal conviction and $360 million in restitution and fines related to the theft of DuPont’s Kevlar® fiber technology in 2015, and defending Facebook, Oculus VR, and individual developers in a trial about virtual reality technology in 2017. He also has notable experience in sports law, including first-chairing a trial win for the NCAA in 2018. His current clients include Duke Energy in defense of two federal lawsuits about coal ash storage and Maximus Inc. and its executives in defense of a putative securities class action.

Education

  • Undergraduate: St. Mary’s College of Maryland, B.A.; Valedictorian; Phi Beta Kappa; Honors Program.
  • Law: University of Virginia School of Law, J.D.; Articles Editor, Law Review; Dillard Scholar; Order of the Coif.

Clerkships

  • The Honorable John G. Roberts, Jr., Chief Justice, Supreme Court of the United States (2005 – 2006).
  • The Honorable John G. Roberts, Jr., United States Court of Appeals for the D.C. Circuit (2004 – 2005).