December 20, 2017

Jenner & Block Partners Andrew H. Bart, Dean N. Panos and Adam G. Unikowsky are Law360 MVPs,  “elite” lawyers who have “distinguished themselves…by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.”

Law360 editors noted that 2017 was yet another highly competitive year, with more than 1,000 submissions.  Of these nominations, Law360 chose 157 lawyers from 78 firms throughout the United States practicing in 32 areas.

Mr. Bart was recognized in the Media & Entertainment category for his major Second Circuit win on behalf of Capitol Records regarding the scope and application of the Digital Millennium Copyright Act (DMCA).  Mr. Bart secured a $48 million verdictagainst a former music service provider, MP3tunes and its owner for willful copyright infringement. The case helped define how  the concept of ‘willful blindness” will be applied in deciding a service provider’s entitlement to safe harbor from liability for infringement under the DMCA.  In his profile, Mr. Bart told Law360: “To have the ultimate statement coming down from the Second Circuit, it justifies all the sacrifice and all the time you put into it and gives you a very happy filter to look back at the entire experience.”

Mr. Panos was named in the Food & Beverage practice area.  He represents such household names as Kraft Heinz Company, Kellogg Company and PepsiCo, among others, in high-stakes litigation.  Law360 recognized his victory on behalf of Kraft Heinz in a class action alleging that the company misled consumers by labeling as “natural” fat-free cheddar cheese that contains artificial coloring.  Following an evidentiary hearing, Mr. Panos convinced the federal court in California to reverse itself and decertify a damages class.  In his profile, Mr. Panos commented on the victory:  “It was a good accomplishment that we got a federal judge to hear the evidence on that—instead of just looking at the papers, but actually listening to the real experts testify—and understand why those damages that plaintiffs model in these cases really are not satisfactory by the law.”

Mr. Unikowsky’s selection as Securities MVP was based largely on his US Supreme Court win in Kokesh v. SEC, which drew much media attention.  Mr. Unikowsky argued and won the case for client Charles Kokesh, who challenged a $34.9 million disgorgement payment.  “The challenge was overcoming this broad consensus,” he said in his profile.  “No lower court anywhere had ever concluded that disgorgement was a penalty, which is what the Supreme Court ultimately ruled.”  In her reversal opinion, Justice Sonia Sotomayor wrote that “disgorgement, as it is applied in SEC enforcement proceedings, operates as a penalty.”