The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Kapri Saunders, Partner—General Commercial Litigation (2023)
Kapri Saunders is a litigator who represents private and public companies, as well as business professionals, in complex civil litigation, government investigations, and white collar criminal matters. Kapri has advised clients on disputes arising out of business contracts, consumer fraud and protection, mortgage lending and real estate transactions, public corruption, and violation of federal criminal statutes, as well as governmental and internal investigations. She has experience at every stage of litigation. She has managed and conducted factual investigations and discovery, drafted successful dispositive motions and appellate briefs, argued motions, developed trial strategies, and negotiated settlements. She also has civil and criminal trial experience. Prior to practicing law, Kapri worked in higher education administration at a small private college, developing the residence life department, creating campus programming, and advising students. Kapri maintains an active pro bono practice with a particular focus on advocating on behalf of wrongfully convicted persons and helping domestic abuse survivors obtain restraining orders against their abusers.
Describe your practice area and what it entails.
The Business & Tort Litigation practice at Jones Day is a general litigation practice, where our trial lawyers serve clients from counseling through trial and appeal in business and government disputes, torts, and civil litigation. My practice also includes Investigations & White Collar Defense. In this practice area, Jones Day helps clients with U.S. and cross-border investigations and defends clients in white collar criminal defense matters.
My practice focuses on preparing cases for trial; finding ways to strategically resolve cases, whether by motion or trying the case; and addressing any post-trial issues. We often work with our other litigation or disputes-based practice groups, who bring various other experience to the case—whether it’s cross-border or a specific area of law (securities, intellectual property, labor and employment, etc.). Our practice is truly national and international, and gives us the opportunity to work with our colleagues around the globe.
What types of clients do you represent?
In civil cases, I defend companies against actions brought by other corporations or by individuals. In investigations and civil cases, I advise U.S. and foreign companies from a broad array of industries, including education, energy, financial, manufacturing, retail, and technology industries.
In criminal cases, I generally represent business executives accused of wrongdoing. My pro bono work involves representing persons wrongfully convicted of crimes and survivors of domestic abuse.
What types of cases/deals do you work on?
I work on all types of business dispute cases. Some cases are business-to-business disputes, while others are individuals-to-business disputes. The disputes range from allegations involving breach of contract, trade secret theft, alleged public nuisance, personal injuries that occurred in the U.S. and abroad, and measures taken by businesses during the COVID pandemic.
As to criminal matters, my cases mostly involve allegations of fraud, or other crimes of deceit or concealment, and bribery. On the investigations front, I have worked on government investigations involving Foreign Corrupt Practices Act (FCPA), Office of Foreign Asset Control (OFAC) regulations, U.S. Drug Enforcement Administration (DEA) regulations, the Department of Justice, and internal investigations involving possible employee or company misconduct.
My pro bono cases have been similarly varied. I’ve worked on asylum, prisoner civil rights, student rights, wrongful conviction, landlord-tenant, and domestic violence restraining order cases at both trial and appellate courts.
How did you choose this practice area?
In many ways, I feel that I did not choose this practice area, it chose me—or more accurately, it was a natural fit and next step. In law school, when I learned about what judicial law clerks do, I knew that I wanted to clerk. After clerking, I had gained so many skills that would make me a great litigator, it was natural for me to become a litigator. It wasn’t even a choice.
What is a typical day like and/or what are some common tasks you perform?
There is no typical day in my world. Each day brings new challenges. As I have gained seniority, I spend far more time advising clients on a range of legal issues and discussing litigation strategy. I also am spending significant time taking and defending depositions, which involves taking a deep dive into documents and brainstorming on themes, what my witness will be asked, or the admissions I want to get from the deponent. Most importantly, when I defend a witness, I work with the witness to make sure they know what to expect and feel prepared to sit for the deposition. Lastly, I have been working with experts, helping them gain the case knowledge necessary to draft their expert reports. I like to dig into the facts and legal standards in my cases, so you can also still find me conducting research from time to time.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
I would recommend that you do whatever interests you in terms of training, classes, and experience. There is no right way to prepare to be a litigator. A broad range of experience will help you quickly learn new facts and adapt to the ever-changing space. Your life experience in general is also helpful, no matter what experiences you have had. Of course, interning or clerking for a judge is helpful. (And I highly recommend it.) Trial and appellate advocacy courses are also helpful. But in the end, a good litigator can think through legal issues; see potential issues before they occur; and understand, empathize, and connect with people. Those skills are not taught by a specific class or experience. In conclusion, do what you like. I assure you. It will be helpful to your career.
What do you like best about your practice area?
I absolutely love the variety of cases that I have as a litigator. I enjoy learning about new companies and new technology, and meeting people working in various business industries. I am a lifelong learner at heart, and this practice area allows me to learn something new every day.
What misconceptions exist about your practice area?
My favorite misconception about my practice area is that litigators love to argue. It is simply not true for all of us. As a litigator, the majority of my time is spent thinking about arguments in advance of having to write them out in a motion or present them to a court. Most arguments I (and others) make are well-orchestrated performances that we spend hours preparing for. Arguing with friends and family in a traditional sense is much different than the arguments litigators make to the court. (Although those types of “arguments” are great for figuring out how to think on your feet.)
What are some typical tasks that a junior lawyer would perform in this practice area?
There are a variety of tasks a junior lawyer would perform in this practice area. The availability of work is only limited by the lawyer’s desires. As long as you show a willingness and preparedness to handle a task, there is a good chance the work will be assigned to you. We have first-year associates who write the initial drafts of written discovery, sections of motions, and letters to opposing counsel about settlement or discovery disputes. They also research issues to support the development of case and trial strategy. Junior associates conduct fact interviews of employees and help prepare witnesses for depositions. Many junior lawyers also have opportunities to take depositions and take active roles in trials by examining witnesses or helping with other trial tasks.
What kinds of experience can summer associates gain at this practice area at your firm?
One of the best parts of the summer associate experience at Jones Day is the variety of experiences available. As a summer associate, you can work on varied projects from all practice groups. If a law student is not sure whether they want to do transactional work or litigation, or if they know they want to do litigation but are unsure about which practice area they want to work in, the summer associate experience at Jones Day is perfect for that law student because a summer associate at Jones Day can explore all areas.