Glen E. Summers
Glen Summers is an experienced trial lawyer who has handled a wide variety of high-stakes matters across the nation, with several big wins to his credit. During his tenure at Bartlit Beck, Glen has tried cases in the federal and state courts of California, Colorado, Delaware, Florida, Kansas, Missouri and Texas. The subject matter of the cases he has handled includes intellectual property, products liability, legal malpractice, employment, antitrust, securities fraud, civil rights and constitutional litigation.
Glen has achieved a remarkable record of courtroom success, and last year was no exception. In April 2013, Glen tried a patent infringement action in Marshall, Texas, which settled favorably before judgment. In May 2013, he won a Federal Circuit appeal from an earlier patent infringement case he tried in Marshall, Texas, reversing the jury’s finding of infringement. In October 2013, he won a AAA arbitration in California involving a governance dispute concerning volunteer youth organizations affiliated with the California Republican Party. In November 2013, he won a preliminary injunction against the State of California, preventing the State from imposing substantial new fees on providers of medical care to workers’ compensation claimants on the ground that the fees violate the Equal Protection Clause of the United States Constitution.
A substantial portion of Glen’s practice involves the representation of plaintiffs, and he has obtained over $150 million in verdicts and settlements for his clients. Glen has also handled some of the most high profile legal malpractice matters in recent history. Glen currently represents Frank McCourt, the former owner of the Los Angeles Dodgers, in a highly publicized blockbuster legal malpractice case against Bingham McCutchen LLP. The case arises out of Bingham’s negligent preparation of Mr. McCourt’s postnuptial agreement, allowing his former wife to claim ownership of 50% of the Dodgers franchise, which recently sold for $2.15 billion. Glen also previously represented Charter Communications in its malpractice suit against Irell & Manella LLP arising out of the botched documentation of a $3 billion cable system acquisition.
In addition to his trial practice, Glen has handled a number of appeals. He has argued and briefed appeals to the U.S. Court of Appeals for the Federal Circuit, Second Circuit, Eighth Circuit, Ninth Circuit and Tenth Circuit.
Glen has been with Bartlit Beck since 1997 and has been a partner since 1999. Before joining Bartlit Beck, Glen clerked for U.S. Supreme Court Justice Antonin Scalia and the Chief Judge of the U.S. Court of Appeals for the Ninth Circuit. Glen was also previously an associate at Sullivan & Cromwell from 1995-1996.
Chambers USA has recognized Glen as a leading business litigator, describing him as a “skilled trial lawyer who has had some high-profile victories.”
Glen is a member of the California and Colorado bars and has been admitted to practice in state and federal courts across the country, including the United States Supreme Court.
REPRESENTATIVE CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT
California Young Republicans, Inc. v. Rodriguez, et. al. (AAA Arbitration, Los Angeles, California)
Lead trial counsel in AAA arbitration to resolve disputed elections of officers and directors to one of the leading volunteer organizations affiliated with the California Republican Party. The arbitrator issued a reasoned decision in favor of our clients.
Alexsam, Inc. v. IDT Corporation (U.S. District Court, Eastern District of Texas)
Lead trial counsel for defendant IDT Corporation in two related patent infringement actions involving systems for activating pre-paid gift cards and phone cards. Won judgment as a matter of law on some claims in the district court and reversal of the jury’s verdict of infringement on other claims on appeal to the U.S. Court of Appeals for the Federal Circuit. The second case settled favorably after a bench trial but prior to the court entering judgment.
In re Genetically Modified Rice Litigation (U.S. District Court, Eastern District of Missouri)
Member of national trial team for Bayer in multi-district litigation relating to the unintended low level presence of genetically engineered rice in commercial rice shipments. Thousands of actions are pending in six states. Served as trial counsel in a series of bellwether trials in 2009 and 2010.
Edward Keely v. Janus Management Holdings Corp. (District Court, Denver, Colorado)
Lead trial counsel for former Janus portfolio manager in action for fraud, breach of employment contract and related claims against mutual fund company. Won $4.8 million jury verdict, which was later increased to over $7 million due to statutory enhancements, interest and attorneys fees. The jury found that Janus committed fraud, and that finding is believed to have precipitated the ouster of Janus’s CEO.
Applied Medical Resources Corp. v. United States Surgical Corp. (“Applied III”) (U.S. District Court, Central District of California)
Trial counsel for defendant United States Surgical Corporation, a subsidiary of Covidien, in patent infringement suit. Applied Medical alleged that U.S. Surgical infringed a medical device patent and sought up to $300 million in damages plus an injunction. Won non-infringement jury verdict after five-week trial. Prior to Bartlit Beck’s representation, U.S. Surgical had twice previously been found to willfully infringe the same patent. The judgment was subsequently affirmed on appeal by the U.S. Court of Appeals for the Federal Circuit.
Applied Medical Resources Corp. v. United States Surgical Corp. (“Applied II”) (U.S. District Court, Central District of California)
Lead trial counsel for defendant United States Surgical Corporation, a subsidiary of Covidien, in connection with a trial on damages and willfulness after patent infringement had already been established prior to Bartlit Beck’s involvement.
C&W Fabricators, Inc. v. Meriwether Capital Corp. (AAA arbitration, New York)
Lead trial counsel for buyers of company that manufactures intake and exhaust systems for gas turbine power plants in arbitration against the sellers for indemnification for warranty obligations. Case won after one-week arbitration.
Gore v. Bush (Circuit Court, Leon County, Florida)
Member of President George W. Bush’s Florida election recount trial team. Represented President Bush in election contest filed by former Vice President Al Gore contesting the results of the 2000 Presidential election in Florida, and in separate case seeking recognition of disqualified overseas military ballots.
Nystrom v. Nieslanik (District Court, Garfield County, Colorado)
Lead trial counsel for defendant Carbondale Corporation in action by real estate developers seeking establishment of public right-of-way across client’s ranch near Aspen, Colorado. Complete defense verdict won after 7-day bench trial.
Sosa v. Glikshtern (Superior Court, San Francisco, California)
Lead trial counsel for defendant in civil rights action alleging discrimination and other civil rights violations against Latinos. Complete defense verdict won after 2-week jury trial.
William I. Koch v. Koch Industries, Inc. (U.S. District Court, Kansas)
Member of trial team that represented plaintiff William I. Koch in 3-month jury trial involving billion-dollar securities fraud claim.
United Technologies Corp. v. Chromalloy Gas Turbine Corp. (U.S. District Court, Delaware)
Member of trial team that represented United Technologies Corp. (Pratt & Whitney Division) in 3-week bench trial involving the interpretation of a licensing agreement relating to jet engine technology.
Other representative cases
Representative Intellectual Property Litigation
ContentGuard, Inc. v. Amazon.com, Inc. (U.S. District Court, Eastern District of Texas)
Lead trial counsel for defendant Amazon.com in patent infringement action involving nine patents relating to Digital Rights Management technology. Case set for trial in September 2015.
Trover Group, Inc. v. Tyco International, Ltd. et. al. (U.S. District Court, Eastern District of Texas)
Co-lead trial counsel for defendants Tyco and ADT in patent infringement action involving security systems. Case set for trial in January 2015.
Tandberg Data Corp. v. Hewlett-Packard Company (U.S. District Court, Colorado)
Represented defendant and counterclaim plaintiff HP in patent infringement action relating to data storage technology. Action settled prior to trial.
Micron Technology, Inc. v. Rambus, Inc. (U.S. District Court, Delaware)
Represented plaintiff Micron Technology in action seeking a declaratory judgment that Rambus patents relating to Dynamic Random Access Memory ("DRAM") chips are invalid, unenforceable and not infringed. Case also involves antitrust and fraud claims relating to Rambus misconduct in connection with industry standard-setting activities.
Siemens, AG v. LG Semicon Co. (U.S. District Court, Delaware)
Represented Siemens in patent infringement litigation relating to semiconductor circuitry and manufacturing processes.
Hyundai Electronics Industries Co. v. Infineon Technologies A.G. (U.S. District Court, Northern District of California)
Represented defendant Infineon Technologies in patent infringement litigation relating to semiconductor circuitry and manufacturing processes.
Representative Legal Malpractice Litigation
Frank McCourt v. Bingham McCutchen LLP (Massachusetts Superior Court)
Representing Frank McCourt, the former owner of the Los Angeles Dodgers, in connection with his legal malpractice claims against Bingham McCutchen LLP arising out of Bingham’s negligent preparation of Mr. McCourt’s postnuptial agreement, allowing his former wife to claim ownership of 50% of the Dodgers franchise, which sold for $2.15 billion. Obtained dismissal of an unprecedented declaratory judgment action brought against Mr. McCourt by Bingham, seeking a determination that the firm did not commit malpractice and did not proximately cause Mr. McCourt’s damages.
Charter Communications, Inc. v. Irell & Manella, LLP (U.S. District Court, Central District of California)
Represented plaintiff Charter Communications in $150 million legal malpractice action against well-known national law firm arising out of negligent documentation of substantial corporate acquisition. A confidential settlement was reached in February 2009.
Representative Securities Fraud, Antitrust and Commercial Litigation
NBA Players Association v. National Basketball League
Advised the NBA Players Association regarding potential antitrust claims against the NBA during the 2011 NBA lockout.
IDT Corporation. v. Telefonica, S.A. (U.S. District Court, New Jersey)
Represented plaintiff IDT in securities fraud action relating to the termination of a joint venture between IDT and Terra Networks and Terra Network’s acquisition of internet portal Lycos. Action resulted in highly favorable settlement for IDT.
Barr Laboratories, Inc. v. DuPont Pharmaceuticals Company (U.S. District Courts, Delaware and Eastern District of New York)
Represented DuPont Pharmaceuticals Company in antitrust litigation challenging DuPont’s lobbying and marketing activities concerning the anticoagulant medication Coumadin®. Case settled favorably.
EchoStar Communications Corporation v. News Corp. (U.S. District Court, Colorado)
Represented plaintiff in action for breach of contract against The News Corporation seeking several billion dollars in damages. Case settled favorably.
Representative Appellate Work
Angelotti Chiropractic, Inc., et. al. v. Baker (U.S. Court of Appeals for the Ninth Circuit)
Currently serving as lead appellate counsel for large group of medical care providers in appeal from state-wide preliminary injunction won in their favor, prohibiting the enforcement of new fees imposed by the State of California.
Alexsam, Inc. v. IDT Corporation (U.S. Court of Appeals for the Federal Circuit)
Lead appellate counsel for IDT Corporation in appeal from patent infringement verdict. Won reversal of jury’s verdict of infringement on grounds that insufficient evidence supported the jury’s verdict.
ICE Corporation v. Hamilton Sundstrand Co. (U.S. Court of Appeals for the Tenth Circuit)
Lead appellate counsel for Hamilton Sundstrand in appeal from $20 million trade secret misappropriation verdict. Won reversal of punitive damages award.
Applied Medical Resources Corp. v. United States Surgical Corp. (U.S. Court of Appeals for the Federal Circuit)
Lead appellate counsel in appeal from damages and willfulness trial.
Acknowledgements, presentations, and publications
Comment, Private Property Without Lochner: Toward a Takings Jurisprudence Uncorrupted by Substantive Due Process, 142 U. Pa. L. Rev. 837 (1993)