Mayer Brown's Litigation practice has the intellectual depth, creativity and geographic scope to successfully resolve virtually any type of legal dispute in the Americas, Europe and Asia. In an era of globalization, where major legal disputes often cross national borders, we offer access to more than 450 litigators worldwide. Chambers Global notes the firm’s “skill at managing complex, multilayered proceedings,” and Chambers USA remarks that Mayer Brown’s Litigation practice is “used to handling bet-the-company litigation with a high degree of public exposure” and has a “broad-ranging, highly competent collection of unassuming and uniformly excellent lawyers.” By combining intellectual firepower with trial and appellate advocacy, we enjoy great success in handling complex, high-stakes litigation for a wide variety of clients around the world.

As one of the largest law practices in the world, our services cover a variety of litigation disciplines, and our litigators have been repeatedly recognized as leaders in their fields by publications such as the National Law Journal, Chambers USA, Legal Times and Legal 500.

Our Litigation service areas include:

Approach to Litigation

Our litigators tailor strategic and cost-effective approaches to each case. By evaluating the strengths and weaknesses of a client’s position, we are able to clearly assess the options at each stage of the litigation cycle and adjust our strategy accordingly. From the moment we are retained, we think through the entire case and look for creative ways to resolve the dispute at the earliest opportunity—efficiently and with the least risk—while always considering our clients’ business objectives. Our trial lawyers have successfully tried hundreds of cases. Just as importantly, however, we have spared our clients the risks and costs of trial in hundreds more cases by winning early dismissal or summary judgment.

Success requires trial lawyers, not just litigators. A business client cannot expect to achieve its objectives in a dispute—whether measured in terms of a favorable settlement, winning a dispositive motion, prevailing at trial or winning on appeal—unless the lawyers handling the case know how to try it. A credible trial threat discourages both frivolous litigation and unrealistic settlement demands. Successful trial lawyers cut through the haze and focus on the critical factual and legal issues on which the case turns. Our skills in this area have been developed, in part, thanks to significant experience working as national coordinating counsel of complex, multi-jurisdictional proceedings and from handling virtually every type of litigation for our clients.

As trial lawyers, we understand that a “one size fits all” attitude to handling litigation ensures only a poor fit with client objectives. That is why we approach each matter with a critical eye, assessing the case individually and weighing the available litigation options. We begin with a litigation risk assessment, considering the settlement, ADR and trial options, while devising strategies applicable not only to the trial level, but also that will withstand or prepare for possible appeals.

Risk Assessment

We work closely with each client to mitigate the risks involved in any litigation, taking into account the associated financial and operational constraints that must influence and control the course of litigation. 

Early Dispute Resolution

In the early stages of litigation, it is critical to map out a comprehensive plan designed to achieve our client’s business and legal objectives. As soon as a lawsuit has been filed (or, when possible, before), we conduct a thorough pre-trial assessment to analyze the risks posed by actual or threatened litigation. Based on that risk assessment, we tailor a strategy that is appropriate both substantively and economically to develop defenses, secure critical evidence, identify and retain consultants and potential experts and work to balance public perceptions.

Alternative Dispute Resolution

More frequently, disputes are being resolved outside of a courtroom setting. Our lawyers are experienced with arbitration, mediation, mini-trials and other forms of alternative dispute resolution (ADR) in both the United States and internationally. With this experience, we are able to identify the best forum for a dispute based on the case and our client’s goals. Our ADR successes include mediation of a dispute between an electric utility and equipment supplier in the northwestern United States, a summary jury trial in Cincinnati, Ohio, which produced a settlement of a major dispute relating to a nuclear power plant, and a mini-trial of a dispute involving computer software. We are also well-grounded in arbitral procedures and the particular techniques required to succeed under such procedures.

Trial

With numerous trial litigators and a number of former assistant US attorneys, Mayer Brown is well prepared to handle trials and build successful defenses. We work with the client to identify and develop the critical factual, scientific, legal and appellate issues early in the process. We then identify the best forum for testing important legal theories and coordinate motion practice for maximum impact. We also devise settlement and trial strategy as early in the case as possible, avoiding unanticipated and uncoordinated responses to individual crises as they arise. We work with clients to develop closure strategies early in the case and revisit them as the litigation evolves, continuously assessing the risks and benefits of aggressive litigation, settlement opportunities and all other options.

Appeal

With the top-ranked appellate litigation practice in the United States, Mayer Brown is particularly qualified to handle every aspect of litigation from early risk assessment through appeal. Our litigators are mindful of appellate strategies from the first steps of the litigation process, working with the client to craft a trial strategy that will anticipate appellate issues. The care with which we develop a record in trial court — both legal and factual — is especially important in plaintiff-friendly jurisdictions where victory may have to await appeal. With an appellate strategy already crafted in the lower court, the prospects for a successful appeal are greatly enhanced.

Geographic Scope

Americas
From New York to Los Angeles, Mayer Brown’s litigators practice in each of our US offices. We represent clients in a wide array of service areas, including antitrust, appellate, securities enforcement securities litigation and white collar defense and compliance. In addition, many of our trial lawyers teach trial advocacy at major law schools and in continuing education programs.