The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Kelsey Bryan represents clients in a broad range of commercial disputes across a variety of industries and jurisdictions. Kelsey is adept at managing high-stakes complex litigation, including devising and implementing creative and efficient strategies to further clients’ goals.
Kelsey’s practice includes defending clients against allegations of monopolization, price-fixing, product hopping, and DOJ and FTC challenges to proposed acquisitions. Kelsey also represents clients in class actions, contract disputes, corporate and fiduciary duty disputes, and actions related to alleged statutory violations.
Chris Domingo is an accomplished trial lawyer with more than 15 years of experience litigating complex commercial and business disputes in state and federal courts throughout the United States. He represents clients in the energy, chemicals, healthcare, aerospace, tech, hospitality, and railroad industries, and he serves as a trusted advisor to clients from pre-lawsuit counseling through trial and appeal. Chris serves as the administrative partner of Jones Day’s Houston office.
Chris’ cases include class actions, construction disputes, environmental litigation, antitrust and unfair competition claims, and claims brought under the Fair Credit Reporting Act (FCRA). His focused and practical approach has led to significant client wins, including a recent defense verdict following a month-long jury trial in a landmark antitrust lawsuit seeking more than $1 billion in damage.
Describe your practice area and what it entails.
Jones Day’s business and tort litigation practice is a premier litigation group recognized for its depth of experience and success in handling complex, high-stakes disputes. We litigate commercial and business disputes in state and federal courts throughout the United States and advise corporate clients on key risk and litigation strategies from pre-dispute counseling through trial and appeal. This includes everything from getting claims dismissed to handling extensive complex discovery, preparing strategic summary judgment motions, taking cases to trial, and challenging adverse rulings on appeal.
What types of clients do you represent?
Kelsey: I defend Fortune 500 companies in a variety of industries, including transportation, pharmaceuticals, technology, and energy, against actions brought by other corporations and the government. In my pro bono practice, I assist survivors of human trafficking and immigrants in need of legal representation and work on related Jones Day firmwide initiatives that further these causes.
Chris: I handle a wide range of complex commercial and business disputes for large corporate clients spanning diverse industries, including energy, chemicals, healthcare, technology, and aerospace. I also maintain an active pro bono practice, assisting the underserved in Houston and along the southern border.
What types of cases/deals do you work on?
Kelsey: My practice has an emphasis on antitrust litigation, as I have led cases defending against allegations of antitrust conspiracy, monopolization, product hopping, and anticompetitive mergers. Most recently, I defended a client against price fixing conspiracy claims in two multidistrict litigations, and the court granted the defendant’s summary judgment dismissing the cases. I also enjoy defending against government challenges to our client’s M&A, which involve fast-paced discovery and trials. My practice also spans matters alleging statutory violations, contract disputes, and fiduciary duty disputes.
Chris: I have a broad-based litigation practice that includes class actions, construction disputes, environmental litigation, antitrust and unfair competition claims, and claims brought under FCRA. I was recently part of a trial team that secured a complete defense verdict following a month-long jury trial in a landmark antitrust lawsuit seeking more than $1 billion in damages.
How did you choose this practice area?
Kelsey: As a new lawyer, I joined a case team of Jones Day litigators working on a fast-paced antitrust merger challenge. In less than six months, we conducted extensive offensive and defensive discovery and prepared for and went to trial. Only a few months into practicing, I was helping prepare the client’s chief financial officer and CEO for deposition and trial testimony, working with experts, and drafting direct and cross-examination outlines. What made the exciting case even better was the amazing group of Jones Day lawyers with whom I was working. The team was down-to-earth, hardworking, and collaborative, and they found the right opportunities to play a few pranks that kept a smile on everyone’s faces in the midst of long days and weeks. I was hooked.
Chris: Jones Day recognizes that many graduating law students aren’t quite ready to commit to a practice group that might last an entire legal career. Accordingly, Jones Day welcomes our newest lawyers into the new lawyers group, which gives our associates the freedom during their first year of practice to try out projects spanning a wide variety of fields and practice areas and, ultimately, to find the right fit. After all, if you’re doing fulfilling work with people who support you, chances are you’re going to enjoy the ride and push yourself to succeed.
For me, I was always drawn to the business and tort litigation practice. I love storytelling and the art of persuasion. I also enjoy the fast-paced nature of litigation and the balance between legal research, written advocacy, and on-your-feet opportunities in the courtroom. Although I tested out a few other practice groups during my time in the new lawyers group, for me, litigation was a no-brainer, and I haven’t looked back since.
What is a “typical” day like and/or what are some common tasks you perform?
Kelsey: Every day is different, depending on where my cases are in the litigation process. Some days, I am negotiating the details of discovery with opposing counsel and preparing a motion to compel; other days, I am taking the deposition of a key witness; and on others, I am preparing for argument on a summary judgment motion. Most days I get to collaborate with great colleagues on case strategy, whether in-person, in the office, or by video with folks across the country and the world.
Chris: The stage of the most pressing case on my docket usually dictates what I do during a “typical” day. If it’s in the early stages, there’s usually a focus on overall strategy and case management. As the case progresses, the focus shifts to discovery, motion practice, and finding ways to limit the opposing party’s claims or defenses. On a good day, we spend time in the courtroom presenting our client’s position to a judge or jury. Regardless of the case, there’s typically time spent on various administrative tasks and business development.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Kelsey: Legal Research and Writing, Civil Procedure, and Evidence are critical classes for any litigator. Trial Advocacy and moot court also provide important on-your-feet experience.
Chris: For law students, I’d recommend focusing on classes covering procedure and legal writing, and I’d encourage them to join a journal and the mock trial team. Beyond the formal training, it’s amazing how far you can get with resilience, attention to detail, and a bit of common sense.
What misconceptions exist about your practice area?
Chris: One of the biggest misconceptions about litigation is the amount of courtroom time. Nearly all of what we do is advocacy, but this advocacy takes many forms and is often performed behind a desk, far from the courtroom steps. While jury verdicts might provide the sweetest taste of victory, many more cases are won on the papers or through crafty negotiation. Another misconception is the idea that everything we do is adversarial and combative. While litigation can sometimes be a zero-sum game, that’s not always the case. In my experience, lawyers who take a practical, reasoned approach to litigation can find success far exceeding what could be obtained through scorched-earth tactics alone.
What are some typical tasks that a junior lawyer would perform in this practice area?
Our junior team members are our experts on the facts and specific legal issues. They research questions of law that inform overall strategy. They are responsible for identifying key evidence and preparing factual outlines that support our case and that anticipate the other side’s arguments. They draft discovery requests and responses based on their knowledge of the evidence and later prepare outlines and exhibits for depositions and trial. Junior lawyers are critical to the success of a case, and their ownership over issues and witnesses can open doors to opportunities beyond their year. We love to see junior lawyers who master the evidence and take initiative to identify areas of strength and weakness and areas for further exploration.
What kinds of experiences can summer associates gain in this practice area at your firm?
At Jones Day, we focus on providing summer associates real experience on client billable matters in addition to work on pro bono matters. Summer associates interested in commercial litigation often assist with research into discrete legal issues for discovery or evidentiary motions and prepare first drafts of briefs. They also work on fact development by analyzing documents and discovery responses to identify key materials for strategic use. We ensure that summer associates have the opportunity to observe a hearing, deposition, or trial to learn from experienced litigators on their feet. We also provide summer associates with a deposition training experience where they take and defend a mock deposition and receive feedback.
What do you feel are the benefits of taking a generalist approach in litigation versus pursuing a more specialized practice?
Chris: Whether to home in on a particular specialty or take a generalist approach to litigation is an age-old question for litigators. I’ve opted for a jack-of-all-trades approach in my litigation career, and I’m grateful to have done so. In my view, a generalist approach can provide broader training, exposure, and flexibility, particularly early in a lawyer’s career. Working on various types of cases across issues and industries helps a lawyer develop the full range of litigation skills. A lawyer with a well-rounded background can be more effective at spotting issues from different angles and perspectives and can pivot more easily down the line through the twists and turns of one’s career. There’s always the option to fall into a particular specialty down the road, and the generalist approach just might help that transition by pinpointing the type of work one most enjoys.