Home > Client Successes > Testimonials
Testimonials
Trial
Duane Morris' Trial Practice represents clients in every type of litigation, from hard fought, complex commercial disputes to more amicable solution-based mediation. Our attorneys have a broad range of experience, including, for example, securities, antitrust, intellectual property, real estate and construction law. All of the attorneys in our Trial Practice Group try cases; some have also devoted themselves to appellate work.
Our attorneys are called upon to represent diverse clients with different needs. We work closely with the firm's corporate and bankruptcy lawyers in the representation of public and private companies, banks, insurance companies and other financial institutions. We are lawyers for numerous international and national manufacturers in all forms of product liability and toxic tort litigation, including defense of product class actions, serving as national coordinating counsel, lead counsel, regional counsel or local counsel. Our lawyers represent both individuals and corporations facing federal and state allegations of criminal conduct, including fraud, environmental, securities and RICO violations, trade espionage and a variety of business-related offenses.
In addition to representing clients in the U.S. and before international tribunals, we regularly advise clients on alternate dispute resolution. We structure internal compliance programs and investigations designed to help our clients anticipate and avoid litigation.
Duane Morris has an international automotive practice and represents manufacturers and suppliers in North America, Europe and Asia. Currently Duane Morris provides trial attorneys and national counsel in mass tort litigation for Ford Motor Company and General Motors Corporation.
"Duane Morris has the legal talent that we can count on in complex litigation matters." - Don Lough, Assistant General Counsel, Ford Motor Company
Duane Morris represented Iveco Ltd., the UK arm of Europe's leading manufacturer of diesel engines and commercial vehicles, and its predecessor and affiliate companies in a wide range of product liability and product quality cases together with dealer and supplier disputes. Duane Morris has also favorably resolved a number of extended warranty disputes with underwriters making multimillion pound collections in the UK. In addition, Duane Morris has also advised the group on an array of key commercial issues including its new dealer and distribution agreements.
"Duane Morris has for many years been a greatly valued supplier to the group. Their work has been characterized by in-depth industry knowledge, creativity and commitment." - Michael Blackmore, Finance Director, Iveco Ltd.
In a precedent setting case, Duane Morris successfully defended the principle of fair use in the representation of ElcomSoft. The Russian software developer faced the first criminal prosecution under the controversial federal Digital Millennium Copyright Act (DMCA), which bans software tools that bypass encryption on digitally copyrighted works. The DMCA contains provisions that prohibit the sale of technology that can defeat electronic coding designed to prevent consumers' ability to reproduce digital products such as DVDs, e-books, music and software, among others.
We argued that ElcomSoft's product was developed to provide legitimate purchasers of e-books the ability to make fair use of their books. A Silicon Valley jury agreed, and acquitted our client of all charges. The not guilty verdict has significant potential ramifications, and this result calls on Congress to clarify certain provisions of the DMCA. The ruling demonstrated that the concept of fair use is still alive and, while it is vital to protect the rights of copyright creators and owners, it is equally important to protect the rights of legitimate owners of digital products.
As the first significant test of the DMCA, U.S. v. ElcomSoft has been hailed as the catalyst that could begin to balance the rights of copyright owners with the rights of purchasers of copyrighted digital material.
"This is the best-argued case I've seen since I've been on the bench." - U.S. District Judge Ronald Whyte, as reported in The Recorder
When online auction pioneer eBay faced claims of fraud and breach of contract because one of its users retracted a multimillion dollar bid for a luxury resort, eBay turned to Duane Morris for its defense. The resort seller's claim against eBay raised issues regarding liability surrounding online auctions, an area with little legal precedent. We first focused on eBay's user agreement which stated that eBay was not responsible for any disputes that arose between buyers and sellers and that real estate transactions, such as the seller's resort property auction, are subject to a non-binding bid policy, unlike other eBay auctions.
Duane Morris also argued that the immunity provisions of the Communications Decency Act (CDA) afforded eBay protection from having to regulate site activities because it was not possible to reasonably do so. Ensuring that no users were improperly retracting bids could require eBay to instantaneously authenticate the communications of 50 million users regarding 11 million items available for bid daily, clearly an impossibility.
The court agreed with both of the arguments and dismissed the lawsuit. Our success on eBay's behalf is another example of Duane Morris helping a new technology company meet the challenges that arise when an emerging technology and a new business model meet existing laws.
Duane Morris was retained by II Services, Inc., one of the subsidiaries of national energy conglomerate Exelon Enterprises, to take over an impending two-week trial in Fulton County Superior Court, Georgia. Three weeks before the trial start date, Duane Morris had to prepare quickly for trial on this case that had been pending for more than three and a half years. II Services faced a substantial, multimillion dollar damages claim concerning allegations that it had committed fraud and fraudulent concealment in connection with a failed acquisition of the plaintiff's natural gas infrastructure construction company. To condense several years of preparation into a few weeks, Duane Morris called upon resources throughout the firm. Not only were we able to assimilate years of the litigation history, but we also prepared and presented a number of witnesses, including two expert witnesses, in complex areas of accounting and company valuation techniques. After two days of deliberations, the jury returned a defense verdict for our client on the fraud and fraudulent concealment claims.
