Wes Earnhardt

Earnhardt’s representative matters include:

Antitrust

• FTC, et al. v. Syngenta Crop Protection AG, et al. (M.D.N.C.) and In re Crop Protection Products Loyalty Program Antitrust Litigation (M.D.N.C.): Representing Corteva in antitrust litigation filed by the Federal Trade Commission (FTC) and 12 state attorneys general in North Carolina federal court challenging certain of Corteva’s rebate pricing programs as anticompetitive, as well as in more than two dozen related putative class actions, centralized in North Carolina federal court, filed in the wake of the FTC’s complaint and asserting similar allegations.
• FuboTV Inc., et al. v. The Walt Disney Company, et al. (S.D.N.Y.): Represented Disney and its subsidiary ESPN in antitrust litigation brought by FuboTV seeking to block a joint venture through which Disney, ESPN, Fox and Warner Brothers Discovery would distribute their sports portfolios through a combined streaming platform. In January 2025, the parties announced a settlement in connection with an agreement to combine Disney’s Hulu + Live TV streaming business with Fubo.
• In the Matter of Illumina, Inc. and Grail, Inc. (F.T.C.): Represented Illumina, a leader in DNA sequencing technology, in antitrust litigation brought by the FTC seeking to block Illumina’s $8 billion acquisition of GRAIL, a healthcare company focused on multi‑cancer early detection. The FTC’s Chief Administrative Law Judge ruled in favor of Illumina and rejected the FTC’s challenge to the merger. 
• Epic Games, Inc. v. Google LLC, et al. (N.D. Cal.) and Epic Games, Inc. v. Apple Inc. (N.D. Cal. and Ninth Circuit):  Represented Epic Games as plaintiff in two actions against Google and Apple, alleging anticompetitive behavior in the distribution of mobile apps and the handling of in‑app payments. After a multi‑week trial in the case against Google, a jury unanimously ruled in favor of Epic on all counts. Following a three‑week bench trial in the Apple case, the court issued a nationwide permanent injunction against Apple’s anti‑steering policies. 
• Representation of Qualcomm Incorporated in numerous high‑stakes disputes and investigations around the world relating to the company’s patent licensing and modem chipset businesses, including:
  • Apple Inc. v. Qualcomm Incorporated (S.D. Cal.): An action filed by Apple against Qualcomm, which included claims for breach of contract and violations of the Sherman Act. Following opening statements at trial, the parties reached a global settlement that included a payment from Apple to Qualcomm; the companies also reached a six‑year license agreement and a multi‑year chipset supply agreement.  
  • FTC v. Qualcomm Incorporated (N.D. Cal. and Ninth Circuit): A suit filed by the FTC alleging violations of Section 5 of the FTC Act and seeking a permanent injunction against Qualcomm. In a complete defense victory for Qualcomm, the Ninth Circuit unanimously reversed the district court’s prior judgment and vacated a permanent, worldwide injunction that had prohibited several of Qualcomm’s core business practices.   

General Commercial and Intellectual Property

• Warner Chappell Music, Inc., et al. v. Nealy, et al. (U.S.):  Won a U.S. Supreme Court decision holding that a copyright owner may recover damages under the Copyright Act for any timely filed infringement claim, regardless of when the infringement occurred. Mr. Earnhardt argued the appeal for Respondents, and the Court’s decision provides clarity on an important issue that divided the Circuit Courts. Managing IP recognized this victory as a 2025 Impact Case of the Year.
• In re Marshall Fire Litigation (Colo. Dist.): Representing Xcel Energy, a major U.S. electricity and natural gas company with operations in eight states, as trial counsel in hundreds of lawsuits filed against Xcel arising from the December 2021 Marshall Wildfire. 
• Representing several leading international media and entertainment companies with respect to a variety of issues, including confidential arbitrations, contested business transactions, corporate governance and contractual disputes, and shareholder matters.
• Ingevity Corporation v. BASF Corporation (Fed. Cir.):  Representing Ingevity in its appeal to the Federal Circuit of a patent infringement case against BASF and BASF’s antitrust counterclaims.  
• Represented ESPN in connection with separate media rights litigation between the Atlantic Coast Conference (ACC) and Florida State University, and the ACC and Clemson University. A settlement resolved all pending litigation.

• Santos Laguna v. The Walt Disney Company (Cal. Super.):  Represented Disney and its subsidiary FSLA Holdings LLC as lead trial counsel in an action filed by Santos Laguna S.A. de C.V., which alleged breach of contract and other claims arising out of Disney’s divestment of certain broadcasting assets in Mexico. After securing pretrial rulings that reduced Santos’s claimed damages by 70%, the parties subsequently reached a settlement partway through a jury trial on the remaining claims.

• Starz Entertainment LLC v. MGM Domestic Television Distribution LLC (C.D. Cal. and Ninth Circuit): Secured a precedential Ninth Circuit decision in favor of Starz in a copyright infringement and breach of contract action against MGM. Mr. Earnhardt argued the appeal on behalf of Starz and previously handled the successful argument against MGM’s motion to dismiss.
• Root, Inc. v. Embedded Insurance, Inc. (Del. Ch.): Represented Root in a declaratory and injunctive relief action against Embedded Insurance, in which he successfully enjoined Embedded from breaching a binding standstill and non‑disclosure agreement.

• Cargo on Demand, Inc. v. Polar Air Cargo Worldwide, Inc. (S.D.N.Y.): Won the complete dismissal of litigation filed against Polar Air by Cargo on Demand (“COD”) alleging violations of the federal RICO statute and common law fraud claiming that former members of Polar senior management conspired to overcharge COD by demanding COD make payments to them as a condition of doing business with Polar. 

• The Boeing Company v. Spirit AeroSystems, Inc. (Del. Super. and Del. Supreme): Won summary judgment for Spirit AeroSystems in a breach of contract lawsuit filed by Boeing, seeking nearly $150 million in indemnification from Spirit for damages and expenses that Boeing incurred as a result of two proceedings initiated by former Boeing employees. Following oral argument by Mr. Earnhardt, the Delaware Supreme Court affirmed the decision.

Securities

• In re Sana Biotechnology, Inc. Securities Litigation (W.D. Wash.): Representing Sana Biotechnology, its CEO and CFO in putative class action securities litigation alleging defendants made false and misleading statements concerning the company’s operations.
• Li v. Spirit AeroSystems Holdings, Inc., et al. (S.D.N.Y.): Representing Spirit AeroSystems and certain of its officers in putative class action securities litigation alleging defendants made false and misleading statements regarding the company’s quality controls.
• Kolominsky v. Root, Inc. (S.D. Ohio and Sixth Circuit): Won a motion to dismiss all claims asserted against Root and certain of its executives in a putative class action litigation concerning Root’s initial public offering. Mr. Earnhardt secured a precedential Sixth Circuit decision affirming the dismissal and creating new circuit law on the application of FRCP 9(b)’s heightened pleading standard to negligence claims.
• In re Peabody Energy Corp. Securities Litigation (S.D.N.Y.): Secured a favorable settlement for Peabody Energy and certain of its officers in purported class action securities litigation alleging defendants made false and misleading statements regarding the company’s North Goonyella mine.
• Plymouth County Retirement System v. GTT Communications, Inc., et al. (E.D. Va.): Reached a settlement for GTT and certain of its executives in a securities class action concerning GTT’s $2.3 billion acquisition of Interoute Communications. 
• Oklahoma Firefighters Pension and Retirement System v. Xerox Corp. (S.D.N.Y.): Won a motion to dismiss all claims in a securities fraud class action against Xerox and certain of its executives relating to the profitability and growth of one of its software products.
• In re Xerox Securities Litigation (D. Conn. and Second Circuit): Won summary judgment for Xerox in a 15‑year securities class action litigation.  All claims against Xerox were dismissed in their entirety, and the Second Circuit affirmed the grant of summary judgment.  
• JPMorgan RMBS Litigations:  Represented JPMorgan and related entities—including WaMu and Bear Stearns—in RMBS investor actions. In In re Washington Mutual Mortgage Backed Securities Litigation (W.D. Wash.), Mr. Earnhardt won a decision limiting RMBS class claims based on tranche‑level standing, eliminating claims covering approximately $8 billion in securities. In Dexia SA/NV, et al. v. Bear, Stearns & Co., et al. (S.D.N.Y. and N.Y. Sup. Ct.), Mr. Earnhardt won summary judgment in federal court covering certificates worth over $1.5 billion and reducing claimed damages by over 99%. He was featured as “Litigator of the Week” by The Am Law Litigation Daily in connection with this victory.

Financial Restructuring & Reorganization

• In re PG&E Corporation (N.D. Cal.): Represented PG&E Corporation in its chapter 11 reorganization proceedings—the largest utility bankruptcy in U.S. history—leading the company’s efforts to resolve all pending wildfire claims.
• Sears Holdings Corporation, et al. v. Edward Scott “Eddie” Lampert, et al. (S.D.N.Y.): Represented the independent directors of Sears in an adversary proceeding alleging the independent directors breached their fiduciary duties and aided and abetted breaches of fiduciary duty by others. The parties in the adversary proceeding and a related shareholder action agreed to a favorable settlement.  

Pro Bono Matters

Mr. Earnhardt also devotes substantial time to pro bono service, including by serving as Co-Chair of the Board of Directors of The Adams Street Foundation, a nonprofit organization that supports the students of The Urban Assembly School for Law and Justice.

• Guzman Orellana v. Att’y General (Third Circuit): Helped achieve a precedential ruling for a client who sought asylum in the U.S. after fleeing a violent gang in El Salvador. The Third Circuit granted the client’s petition for review and remanded the case to the Board of Immigration Appeals (BIA) for further proceedings, concluding that the BIA erred in dismissing his application for relief under the Immigration and Nationality Act (INA) and the Convention Against Torture. The affirmative holding that an applicant need not testify in open court to be a protected complaining witness under the INA could greatly expand the scope of applicants entitled to relief. The Newark Immigration Court found that, in light of the Third Circuit’s opinion and the record, it was clear the client qualified for asylum and no further proceedings were necessary.
• United States v. Jermel Lewis (Third Circuit):  Helped achieve a significant ruling on an important issue of criminal procedure representing Amachi, Inc., a nonprofit organization that tutors children of prisoners, in filing an amicus brief in support of Jermel Lewis’s appeal of his criminal sentence. The Third Circuit, sitting en banc, vacated Mr. Lewis’s sentence (reversing its own prior decision) and remanded for resentencing. The court followed the analysis set forth in Cravath’s amicus brief, agreeing that it was harmful error under the U.S. Supreme Court’s Alleyne standard to sentence Mr. Lewis for a higher offense than that for which he had been indicted and convicted.