Our comprehensive approach has guided a broad spectrum of companies through complex, high-profile matters involving multi-jurisdiction litigation, business disputes, class actions, state and federal proceedings and mergers and acquisitions. Our antitrust lawyers are true litigators who take novel and high-stakes antitrust cases to trial across the country. We also have a strong practice advising firms on matters at the intersection of antitrust, standards, patents and other intellectual property. Working closely with our clients, Munger, Tolles & Olson has won novel appellate decisions establishing important principles of antitrust law and helped them avoid litigation, where possible, through detailed risk-avoidance advice.

The team has an extraordinary depth and breadth of experience. It is led by Don Verrilli, who served as Solicitor General of the United States from 2011 to 2016 and has argued more than 50 cases before the U.S. Supreme Court, including landmark victories defending the Affordable Care Act and securing marriage equality. The team also includes three lawyers who served in the U.S. Solicitor General’s Office—Ginger Anders, Elaine Goldenberg, and Ben Horwich. Each has argued many times in the U.S. Supreme Court as well as in federal appeals courts and state appellate courts, and each has been recognized by Chambers USA–Nationwide Appellate as among the very best appellate lawyers in the nation. Others at the firm, including Jeff Wu and Dan Levin, also have significant appellate experience, particularly in California courts. Few other firms have such deep appellate experience or so consistently represent companies in their most complex, high-value appellate matters. Some of our recent matters before the U.S. Supreme Court and courts of appeals include representing: The American Hospital Association before the U.S. Supreme Court in successfully challenging a Medicare rule change that denied hospitals more than $4 billion in past reimbursements and threatened to deny billions more in reimbursements going forward. The U.S. House of Representatives in successfully defeating in the U.S. Supreme Court a challenge to the constitutionality of the Affordable Care Act. The State of North Carolina in successfully arguing on behalf of the state in the U.S. Supreme Court that the Constitution’s Elections Clause does not strip state courts of their power to enforce state constitutions that limit the power of state legislatures when they set rules for federal elections. Mountain Valley Pipeline LLC before the U.S. Supreme Court and the Fourth Circuit in winning an emergency application to the Supreme Court to vacate stays placed on construction of a gas pipeline, and then winning a complete dismissal by a Fourth Circuit panel of lawsuits brought by the project’s opponents. The Financial Oversight and Management Board of Puerto Rico in successfully defeating in the U.S. Supreme Court a constitutional challenge to the Board’s authority. American Express Company in successfully establishing pathmarking antitrust precedent in the U.S. Supreme Court on multi-sided platforms. Lyft, Inc. in successful appeals in the First, Second, and Ninth Circuits defining the scope of the transportation-worker exception to the Federal Arbitration Act as applied to rideshare drivers and local delivery drivers. The four largest freight railroads in the United States in persuading the D.C. Circuit, in a sweeping antitrust matter that consolidates approximately 100 price-fixing cases against four rail carriers, to exclude on statutory grounds certain evidence relating to discussions between railroads about interline shipping. A national pharmacy chain, in a Sixth Circuit appeal of a $650 million verdict arising out of multidistrict litigation concerning the opioid crisis. Grayscale Investments, LLC, in successfully challenging in the D.C. Circuit a decision by the Securities and Exchange Commission to deny a proposal by a national securities exchange to list and trade shares of Grayscale Bitcoin Trust as an exchange-traded fund. AbbVie Inc. in winning an important Third Circuit appeal affirming denial of class certification on ascertainability grounds in long-running putative class actions by direct and indirect drug purchasers. Wells Fargo Bank NA in the California Supreme Court in a case establishing that lenders and loan services are not obligated to protect a borrower’s economic interests when processing a mortgage modification application. Google LLC in setting an important precedent for obtaining mandamus relief for patent infringement matters, as well as in multiple Federal Circuit appeals. Steves & Sons in successfully defending in the Fourth Circuit a judgment in an antitrust case in Steves’ favor ordering divesture of a key asset by one of Steves’ suppliers and awarding millions of dollars in damages—the first time a court in private litigation under the Clayton Act has awarded divestiture as a remedy for a completed merger. An individual defendant in United States v. Blaszczak et al. in securing a favorable decision from the Second Circuit overturning a first-of-its-kind criminal conviction that applied federal criminal fraud statutes to the alleged misuse of confidential government information. BNSF Railway Company in numerous successful Ninth Circuit appeals involving issues such as discriminatory taxation and preemption under the ICC Termination Act and other federal laws. Numerous public companies in successful representations in derivative suits and putative securities class actions in the Ninth Circuit. International organizations such as the International Finance Corporation and Interpol in appeals in numerous courts concerning international organizational immunity in the United States. Farmers and landowners in successfully defending in the Federal Circuit a trial court ruling awarding more than $10 million in compensation for the taking of farmlands through recurring flooding along the Missouri River that was caused by massive river alterations made by the U.S. Army Corps of Engineers. Munger, Tolles & Olson also has an active practice in the U.S. Supreme Court in seeking or opposing grants of certiorari and in representing amici at all stages.  The firm is skilled at handling and opposing mandamus petitions and petitions for interlocutory appeal under 28 U.S.C. § 1292(b) and Federal Rule of Civil Procedure 23(f).  And the firm’s appellate lawyers frequently handle dispositive motions and other complex legal issues in trial courts and in front of regulatory agencies, where they work closely with trial teams to frame the issues in the most persuasive manner possible and to preserve issues for appeal.   Contact: Donald B. Verrilli, Jr. Ginger D. Anders Elaine J. Goldenberg Benjamin J. Horwich Daniel B. Levin Jeffrey Y. Wu

Munger, Tolles & Olson has a unique, nationally renowned copyright and trademark practice. We advise entertainment, media, fashion companies and others on their most important matters. We defend the rights of intellectual property owners in high-stakes litigation. We help our clients establish vital precedents and defend the IP behind global entertainment franchises. Recognized by Chambers USA as a leading trademark and copyright firm, we are involved in the most cutting-edge matters at the intersection of intellectual property rights and technological change.

From Hollywood to Silicon Valley to Wall Street, our lawyers are tackling the most high-profile cases across a range of industries and shaping the corporate landscape. Our low leverage model means all of our lawyers – from our first-year attorneys to our most senior attorneys – play critical roles in every matter.

We look for individuals who have demonstrated excellence and leadership in their prior pursuits and who bring both intellectual curiosity and a sense of individuality to an already extremely talented group of lawyers. We welcome applications from all highly qualified candidates regardless of practice area. Please click here to apply. If you are a search firm and would like to submit a candidate for a position, please click here. Please note that we do not pay recruitment or placement fees to search firms for any entry level candidates or candidates applying directly from judicial clerkships. For additional inquiries, please contact: Ms. Kara Sommers, Director of Legal Recruiting Tel. (213) 452-5595 Kara.Sommers@mto.com

From informal to structured training, Munger, Tolles & Olson is committed to the long-term professional development of all attorneys. Because our attorneys have so much latitude in how they build their practice, they are empowered to take advantage of a range of options available to them both inside and outside the firm. On-The-Job Training and Feedback Munger, Tolles & Olson’s low leverage model and culture of collegiality means attorneys work in closely knit teams. This results in meaningful early responsibility and ongoing feedback from more senior team members. Informal assessments are supplemented by a biannual associate review through which each associate receives a formal review of performance and progress. Regular evaluations ensure two-way communication and ensure meaningful career development opportunities. In-House Training Program Munger, Tolles & Olson offers training programs featuring in-house and outside speakers. Associates in their first year are invited to attend our New Attorney Retreat, where they receive an introduction to various aspects of the firm, including ethical issues, community involvement and our pro bono practice. Further early-career training programs include Succeeding in Your First Law Firm Job, Nuts and Bolts of Motion Practice, Constructing a Cross-Examination, Interviewing Witnesses, Anatomy of an M&A Transaction and Negotiation Skills. The firm holds a variety of trainings for junior attorneys, including: Preparing for Depositions, Working with Experts, Propounding Written Discovery, California Civil Procedure, Jury Selection Training, Opening Statements, Direct and Cross Examination at Trial and Closing Arguments. Munger, Tolles also hosts a two-day National Institute for Trial Advocacy (NITA) deposition seminar, which helps attorneys develop their own successful deposition styles. Other examples of structured training offered by the firm include: Writing Workshops: The firm has historically hosted Bryan A. Garner, editor of Black’s Law Dictionary and an expert in legal writing and persuasion, for an all-day writing workshop, and also provides writing workshops led by senior lawyers at the firm. Public Speaking Workshops: The firm has hosted Brian Johnson and Marsha Hunter, communication consultants who train new Assistant U.S. Attorneys at the Department of Justice National Advocacy Center, for a workshop on oral presentation skills. We have also engaged Cara Hale Alter who runs SpeechSkills, a training to help lawyers build career-transforming presentation skills. Weekly Attorney Lunches: Munger, Tolles & Olson’s twice-weekly attorney lunches often provide training and continuing legal education (CLE). Lunches feature firm attorneys who share experiences and insights from their matters. External Training Opportunities Beyond the firm, we encourage attorneys to engage with and learn from the legal community at large. Our attorneys regularly attend external training programs and conferences, from the NITA Trial Advocacy Program to the Hastings Women Leadership Academy, as well as local, state and national bar association convention. Attorneys are encouraged to pursue training offered by these organizations. Senior associates have also participated in the Leadership Council on Legal Diversity’s (LCLD) Pathfinder Program, a relationship-building and leadership training program. The firm also participates in LCLD’s Fellows Program, which serves lawyers with 3-7 years of practice. In addition, attorneys have the opportunity to gain trial experience by working for four months on a pro bono basis at the Los Angeles City Attorney’s Office, the Federal Public Defender’s Office, the San Francisco District Attorney’s Office or the San Francisco Public Defender’s Office. Mentoring Munger, Tolles & Olson attorneys have always engaged in formal and informal mentoring. Our low-leverage structure and weekly firm lunches foster an environment in which relationships develop organically. Our formal mentoring program has two tiers, in which all attorneys participate: one for newer attorneys learning to navigate the firm and the practice of law, and a second tier for mid-level attorneys seeking to sharpen their legal skills and develop their own practice.

After serving more than 15 years in prison for crimes he did not commit, Nassir Cauthon has been released based on newly discovered evidence of his factual innocence. In December 2020, an Ohio trial court judge granted the Munger, Tolles & Olson team’s motion for a new trial based on newly discovered evidence of innocence – the recantations of essentially all the state’s trial witnesses – and then granted the motion to release Mr. Cauthon on bond. The Munger Tolles team initially represented Mr. Cauthon in the U.S. Court of Appeals for the Sixth Circuit, but brought a new state-court proceeding after an additional witness came forward to recant her trial testimony. The Ohio trial court judge found that this witness’s affidavit alone warranted a new trial, and also agreed that he should consider all the recantations, which only further strengthened Mr. Cauthon’s case. On April 28, 2021, the State of Ohio filed a nolle prosequi, abandoning all the charges in the case. The Munger, Tolles & Olson team included partners Robyn Bacon and Elaine Goldenberg and associate Brendan Gants.

Munger Tolles, alongside the Disability Rights Legal Center (“DRLC”), has secured a $400,000 judgment on behalf of a former student of Western University of Health Sciences, who alleged the university failed to properly accommodate her learning disabilities. The judgment, which was entered as a part of a settlement between the student and the university, ended six years of litigation in federal court.  “This settlement vindicates Lindsay Rogers’ claims that Western University should have accommodated her disabilities. Cases like this are central to DRLC’s mission of working to ensure that people with disabilities are provided appropriate accommodations,” said Joseph Lee, a partner of the firm who also serves as President of DRLC’s Board of Directors.  In addition to Mr. Lee, the Munger Tolles team included litigation associate Rowley Rice. To learn more about the judgment and the case, click here. 

Munger, Tolles & Olson and co-counsel have filed a lawsuit on behalf of plaintiffs Roth Chan, Anouthinh “Choy” Pangthong, the Asian Prisoner Support Committee and Root & Rebound against the California Department of Corrections and Rehabilitation (CDCR) and Secretary Jeff Macomber. The lawsuit challenges immigration-enforcement practices by CDCR that unlawfully discriminate against hundreds of people in custody each year. The lawsuit alleges that CDCR’s practice of referring incarcerated people it suspects were born outside of the United States to ICE—even if they are U.S. citizens—has led to the investigation, detention and placement of U.S. citizens and lawful residents into the deportation pipeline based on race, ethnicity, national origin and other protected characteristics, in violation of the California Constitution’s equal protection clause and state anti-discrimination law. As a result of CDCR’s discriminatory policies and practices, incarcerated individuals have been unlawfully excluded from certain minimum-security housing placements, as well as alternative-to-custody programs and rehabilitative vocational programs that allow participants to earn credits toward reduced time in custody, in violation of the California Constitution and California Values Act. Learn more about the lawsuit. The plaintiffs are represented by an MTO team including Jacob Kreilkamp, David Moreshead, Robert Bowen and Sara Worth, alongside co-counsel from the ACLU Foundation of Northern California and Asians Americans Advancing Justice – Asian Law Caucus. About MTO’s Pro Bono Practice Contributing to the community through pro bono work and other forms of volunteerism is a core tenet of the culture at Munger, Tolles & Olson. The firm was one of the charter signatories to the American Bar Association’s pro bono challenge and consistently devotes more than three percent of all attorney time to delivering needed pro bono legal assistance. We are proud to be one of the select group of firms to have received the ABA’s coveted Pro Bono Publico Award. Learn more about our pro bono practice.