ABOUT US

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Cooper & Kirk, PLLC is a litigation boutique specializing in complex commercial, regulatory, and constitutional disputes in both federal and state courts. Since its founding almost 25 years ago, Cooper & Kirk has successfully represented major American corporations and government bodies in many of the most significant trials and appeals in the country, often against the nation’s largest and most sophisticated law firms. The firm’s partners have also represented many well-known public figures in a variety of disputes and controversies, including two former United States Attorneys General, five United States Senators, and a former National Security Advisor to the President. Prior to the firm’s founding, several of the firm’s partners worked together at a major D.C. law firm where they also had significant trial and appellate experience. With extensive experience and expertise in constitutional, commercial, antitrust, administrative, and intellectual property law, the firm is thus uniquely suited to represent clients in complex, high-stakes litigation.

The key to our success is our people. Five of our 18 attorneys (and several more of our recent alumni) have clerked for Justices of the United States Supreme Court, and three of our associates will be clerking for Supreme Court Justices next term. Fifteen of our lawyers have clerked for Judges of the federal courts of appeals. Many of the firm’s former members have gone on to distinguished careers in public service, and include two United States Senators, two federal court judges, two Associate Attorneys General of the United States, and a Solicitor General of the United States.

A number of our attorneys also have experience serving in senior federal and state government positions. The firm’s chairman, Charles J. Cooper, served in the Department of Justice, both as the Assistant Attorney General for the Office of Legal Counsel during the Reagan Administration (1985–1988) and as the Principal Deputy Assistant Attorney General in the Civil Rights Division (1981–1985). Mr. Cooper has consistently been named one of Washington’s most prominent litigators by a variety of publications and organizations. One of our partners, Adam P. Laxalt, recently served as Attorney General of the State of Nevada. Another, Peter A. Patterson, joined the firm after serving in the White House Counsel’s Office as Associate Counsel to the President.

As the engagements listed below reflect, the firm has successfully litigated nationally prominent cases that touch on a broad array of subject matters and raise a wide range of legal issues. We first briefly describe our experience in the fields most directly relevant to the BCBS litigation—antitrust and class actions—and then list a sampling of our more notable litigation successes.

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:

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    • The State of Tennessee, in three trials and multiple appeals, in which we won court approval of Medicaid reforms and the vacatur 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 past cases 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;

 

As these engagements reflect, the firm has a wealth of both trial and appellate experience. Prior to the firm’s founding, the initial 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.*

Prior results do not guarantee a similar outcome.
*Contacting us directly does not create an attorney client relationship.

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