ABOUT US

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Cooper & Kirk is a litigation boutique specializing in commercial, regulatory, and constitutional disputes in both federal and state courts. Since our founding two decades ago, we have been involved in many of the most significant trials and appeals in the country, usually against the nation’s largest and most sophisticated law firms. We relish this challenge and have won courtroom victories worth more than $10 billion for our clients. The key to our success is our people. As a boutique, we are able to limit our hiring to only the most outstanding law school graduates. And our partners are able to become intimately familiar with all aspects of our cases. Thus, our size has proven to be a source of strength and provides us with a significant competitive advantage.

We are the happiest lawyers we know. Much of our satisfaction comes from being involved in litigation in which substantial commercial interests or important legal issues are at stake. Some of our current and past engagements include representation of:

  • The State of Tennessee, in three trials and multiple appeals, in which we won court approval of Medicaid reforms and the vacature of decades-old consent decrees worth billions of dollars to the state;
  • Bank of America, in a breach of contract case against the United States in which we won an $18 million trial verdict;
  • The auditor of Arkansas in a suit seeking approximately $160 million in damages for breach of contract concerning US savings bonds;
  • Trusts holding over $5 billion in assets targeted for confiscation by proposed legislation establishing a trust fund for asbestos victims;
  • Ford Motor Company in a series of disputes with federal agencies, including with the Customs Department, the Defense Department, and the banking agencies;
  • Shell, Unocal, Atlantic Richfield Co., and Chevron-Texaco, in a breach of contract claim against United States over their performance of World War II contracts for the federal government, in which we won for our clients a judgment worth nearly $100 million;
  • The State of Alabama, in a suit against Exxon Mobile for breach of contract which resulted in a $100 million judgment against Exxon; AmBase Corporation, in a three-month trial that resulted in a verdict of $205 million in favor of our client;
  • Novell, in a multibillion dollar antitrust case against Microsoft;
  • Verizon, in its efforts to secure uniform federal regulation of the telecommunications industry;
  • American Capital, in a breach of contract claim against the United States in which we won a $109 million trial verdict;
  • The official Proponents of California’s 2008 ballot initiative Proposition 8;
  • Members of the Duke lacrosse team, in connection with civil litigation against Duke University and Durham;
  • The National Rifle Association, in trial and appellate courts around the country;

  • Governor Jeb Bush, in a successful defense of Florida’s statute prohibiting felon voting;

  • The Governor-Elect of Puerto Rico, in an election recount dispute in which we prevailed after trial and appeal;
  • Coloradans whose property has been injured by the recreational marijuana industry in that state, in a suit challenging the legality of the industry under RICO;
  • Harbinger Capital, in a suit against the United States in the Court of Federal Claims for breach of contract and taking of property in violation of the Fifth Amendment with respect to Harbinger’s substantial investment in LightSquared;
  • Fairholme Capital Management and other Fannie Mae and Freddie Mac shareholders, in ongoing suits challenging the nationalization of Fannie Mae and Freddie Mac (http://fortune.com/2015/11/13/fannie-mae-freddie-mac-nationalize-housing-finance/).

As these engagements reflect, the firm has a wealth of both trial and appellate experience. Prior to the firm’s founding, the partners worked together at a major D.C. law firm where they also had significant trial and appellate experience. The firm’s chairman, Charles J. Cooper, served in the Department of Justice as the Assistant Attorney General for the Office of Legal Counsel during the Reagan Administration. In that capacity, Mr. Cooper provided the Attorney General and the President with advice on the constitutionality of a broad range of executive and legislative conduct. Mr. Cooper has consistently been named one of Washington’s most prominent litigators by a variety of publications.

We invite you to learn more about our practice by browsing our website or contacting us directly.

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