Jonathan P. Harmon Chairman

Experience

• Yahoo v. Mozilla (California Superior Ct., Santa Ana)—Retained by Yahoo approximately 80 days before a jury trial to represent it in a billion dollar dispute with Mozilla. Mozilla contended that Verizon’s $4.8 billion purchase of Yahoo triggered a change of control provision in the parties’ contract, which allowed Mozilla to switch the Firefox browser’s default search engine from Yahoo to Google. Shortly before trial, the case settled.
• International Paper Co. v. Kennedy Specialty Lumber (U.S. District Court, Eastern District of Texas). Represented International Paper in a complex commercial fraud and conspiracy jury trial after the principal defendant was acquitted. Defendants counter-sued International Paper for $140 million in damages. More than 20,000 exhibits were introduced during the trial. The jury returned a $1 million verdict (the exact amount requested in closing) in favor of International Paper and rejected defendants’ counter-claim.
• Fort Hood Independent Review Committee—One of five civilian experts selected by the Secretary of the Army to investigate the command climate at Fort Hood, Texas as it related to sexual assault, sexual harassment, discrimination, inclusion, and crime. The investigation was ordered in the wake of the death of Vanessa Guillen and culminated in an extensive report and testimony before the House Subcommittee on Military Personnel.
• In re: Cellphone Termination Cases (Alameda County Circuit Court, California). Represented a national wireless phone company in a jury trial involving a class of approximately 2 million former California customers who had established that the wireless phone company’s early termination fee was invalid under California law. Represented the company in the damages phase of the trial in which our client was pursuing a counter-claim against the class. The jury awarded our client approximately $18 million in damages. The verdict was later overturned and the case ultimately settled.
• Commonwealth of Virginia, et al. v. Nationwide Insurance Co., et al. (Richmond Circuit Court, Virginia). Officially appointed by the commonwealth of Virginia to represent it and Virginia Tech in suing five insurance companies and their agent in a Fraud Against Taxpayers Act case involving fraud in the procurement and administration of student health insurance. Before trial, the insurance companies agreed to pay approximately $20 million, Virginia’s largest-ever Fraud Against Taxpayers Act settlement.
• Thomas v. Atlantic Richfield, DuPont (Milwaukee Circuit Court, Wisconsin). Represented DuPont in a five-week jury trial in which the plaintiff and his guardian ad litem alleged that the plaintiff suffered permanent brain damage as a result of childhood lead poisoning. As the first case in the country to go to trial under a recently created “risk contribution” theory of liability, the trial received national attention and was closely followed by the plaintiff and defense bars. The jury returned a complete defense verdict.
• Alsobrook v. UPS Ground Freight (U.S. District Court, Western District of Tennessee). Represented UPS in a four-plaintiff hostile environment, race and retaliation jury trial brought under Title VII and Section 1981. Plaintiffs alleged a hostile environment and sought damages in excess of $10 million. After a two-week trial, the jury returned a complete defense verdict.
• Willie Homer Stephens, Guardian ad Litem for Lillian Colvin v. CSX Transportation (Hampton County Circuit Court, South Carolina). Represented CSX in a three-week jury trial in which the plaintiff alleged that CSX’s negligence in operating one of its trains and in failing to clear vegetation at a crossing in Hampton County, S.C., resulted in an accident that caused brain damage. During closing arguments, plaintiff’s counsel requested actual and punitive damages in excess of $40 million. The 12-person jury returned a unanimous defense verdict in favor of CSX.
  The South Carolina Supreme Court later affirmed in part, reversed in part and the case ultimately settled.
• Musburger Ltd. v. Meier (Cook County Circuit Court, Illinois). Retained approximately 45 days before trial to represent a prominent entertainment lawyer in a commercial jury trial with a Chicago radio personality. Defendant brought a $15 million counter-claim against our client for malpractice and breach of fiduciary duty. The jury returned a verdict in favor of our client.
• Nevamar v. Charleswater (Maryland District Court). Retained by Nevamar in this patent infringement case approximately 100 days before trial. The plaintiff calculated damages of approximately $100 million. The case settled favorably shortly before trial.