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Trials Group Of The Year: Brown Rudnick
By Phillip Bantz
Law360 (February 3, 2023, 2:02 PM EST) -- Brown Rudnick LLP won a $15 million verdict for Johnny Depp
in the Hollywood star's blockbuster defamation case against ex-wife and actress Amber Heard, earning
the firm a spot among Law360's 2022 Trials Groups of the Year.
The firm also stepped up and stood out last year as a litigation
trailblazer in suing Pornhub parent company MindGeek and several
financial services giants, including Visa Inc. and Mastercard Inc.,
alleging the companies profit from sexual abuse.
Brown Rudnick has nearly 80 lawyers in its litigation practice and is in
the midst of a "strategic expansion," which includes an effort to add
up to 100 lawyers across the firm within the next three years,
according to a firm spokesman.
The firm's ongoing work on the MindGeek case leverages the law to
target the pervasive global problem of human trafficking, while the Depp trial captured the cultural
zeitgeist and became a worldwide phenomenon.
Dozens of people slept overnight outside the Fairfax County Circuit Court in Virginia hoping to get a seat
in the courtroom gallery to watch Depp v. Heard, which kicked off on April 11 and was hailed as the
defamation and social media trial of the century.
"It was something out of a movie," said Camille Vasquez, a Brown Rudnick partner in Irvine, California,
who co-led Depp's litigation team with Washington, D.C.-based partner Benjamin Chew. "We would get
cheers when we arrived at court. ... But we also faced everything from security concerns to death
threats and stalkers."
"It was really overwhelming and shocking for everyone at the firm," Vasquez added. "It has bonded us
more."
Brown Rudnick's Depp trial team also included partners Wayne Dennison and Rebecca MacDowell
Lecaroz, and associates Stephanie Calnan, Andrew Crawford, Yarelyn Mena, Jessica Meyers and Samuel
Moniz. Mena has since left the firm to join Spotify as a New York-based in-house counsel in the
streaming service's litigation and copyright group.
The six-week trial concluded June 1, when a jury of five men and two women agreed that Depp proved
all three of his defamation claims against Heard in connection with a 2018 Washington Post op-ed she
wrote implying that Depp had abused her. The jury awarded him $10 million in compensatory damages
and $5 million in punitive damages.
Heard prevailed on one of her three defamation claims against Depp and was awarded $2 million in
compensatory damages.
After both sides appealed parts of the verdict, Depp and Heard settled the case in December, with
Heard agreeing to pay Depp $1 million, which he pledged to donate to charity. The judgments in Depp's
favor on his defamation claims were not vacated as part of the settlement, according to Chew.
"That was the most important part of the settlement from Mr. Depp's perspective," he said. "It was
never about money for him. It was about restoring his good name."
During the trial, Heard accused Depp of beating and sexually assaulting her, which Depp denied. He
contended that Heard was the actual abuser, accusing her, for instance, of defecating on their bed and
hurling a liquor bottle at him, slicing one of his fingers.
The Depp verdict was widely seen as part of a backlash to the #MeToo movement, but Chew described
it as "the #MeToo case with no other 'me toos.'"
"There was not a single woman, either before or after Ms. Heard, who ever alleged that Mr. Depp ever
engaged in any physical abuse," Chew said. "In fact, all other women with whom he had relationships
would affirm that he was never violent in any way, which gave us a lot of confidence."
Audio recordings of Depp and Heard arguing and insulting one another also proved to be "incredibly
powerful" evidence for the jury, according to Vasquez. In one of the recordings, Heard appears to mock
Depp, saying, "Tell them, 'I, Johnny Depp, I'm a victim of domestic abuse' ... and see how many people
believe or side with you."
The recordings showed the jury that "whoever Amber Heard was going to be on the stand was very
different from the person who was in that relationship [with Depp] at the time," Vasquez said.
Chew selected Vasquez, who was an associate at the time of the trial, to help steer the Depp litigation
team because he "saw this case, analyzed it and realized he needed a woman to co-lead with him,"
Vasquez said.
"Camille was the obvious choice," Chew added. "I simply have never worked with a better lawyer."
In preparing for her cross-examination of Heard, Vasquez said she and her co-counsel studied Heard's
deposition in her divorce case with Depp, "really dug into her" and got to know the "types of questions
that would elicit certain defensive or angry responses."
She added, "We formulated the cross-examination so it would be like a dance and have points where
the jury would be able to see the real Amber Heard. There were a few moments when she lost face, if
you will, and was so angry that she would argue and be defensive with me."
Chew noted that Vasquez also made "brilliant use of the clock" by finishing her cross of Heard before
Heard's attorneys were prepared to begin their redirect.
Vasquez "showed the power of exclusion and quit on a high point," Chew said. "The redirect of Ms.
Heard was a disaster so much so that when she finished, Ms. Heard left the courtroom rather than
sitting next to her counsel."
Brown Rudnick elevated Vasquez to partner in the wake of the Depp trial, which made Vasquez a
celebrity in her own right. She recently accepted a legal correspondent role with NBC, but stressed that
she has no plans to leave the practice of law.
"I'd like to use this as an augment to my practice," she said, "not to start a different career altogether."
Meanwhile, the firm's work on the MindGeek litigation which is ongoing in California federal court
has already spurred results. Visa and Mastercard suspended card payments for ads on Pornhub and
other MindGeek-owned websites, after a judge largely denied Visa's motion to dismiss the suit in late
July.
U.S. District Judge Cormac Carney held in a landmark decision that, based on the allegations in the
complaint, he could "comfortably infer that Visa intended to help MindGeek monetize child porn from
the very fact that Visa continued to provide MindGeek the means to do so and knew MindGeek was
indeed doing so."
Brown Rudnick partners Michael Bowe and Lauren Tabaksblat are at the helm of the MindGeek case,
which the New York-based attorneys modeled, in part, after their work in earlier litigation against a
group of hedge funds accused of conspiring in a short-selling attack targeting Fairfax Financial Holdings
Ltd.
"This is an example of a systemic problem in our society human trafficking, which is ubiquitous in our
life. BigLaw could be doing something about it. But there's a vacuum, and we saw that we could fill that
vacuum," Bowe said. "The people on the other side are extremely powerful and well-funded. BigLaw is
their natural adversary, but only if BigLaw wants to take them on."
Bowe and Tabaksblat recognized parallels between the securities laws at the heart of their case against
the hedge funds and the human sex trafficking statutes that can be used to hold companies liable for
profiting from trafficking. Those statutes are "incredibly plaintiff-friendly, incredibly broad and incredibly
underutilized," Tabaksblat said.
"We were the first major case filed against these companies. But what really distinguishes our case from
the others that have been filed is that we recognized that the real way to effectuate change a critical
objective of our clients and our efforts here was to bring in the credit card companies that were
uniquely positioned to change this industry," Tabaksblat said.
She and Bowe started laying the groundwork for the litigation in early 2020, which involved copious
research and interviews with hundreds of potential victims, witnesses and confidential informants.
Brown Rudnick filed the initial complaint in June 2021 on behalf of 34 alleged victims. Since then, more
potential victims have come forward, bringing the number of plaintiffs to about 100. The case is now in
the discovery phase.
"This is the beginning of what will probably take five, six, seven, could be 10 years," Bowe said. "The
bottom line is that we're committed to this issue. The firm is committed. This is our issue. We're going to
incur whatever risks we have to incur to get it right."
--Editing by Daniel King.
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