Donn Pickett concentrates his work in antitrust, intellectual property and securities litigation. He has developed extensive experience in the defense of class actions. While Donn almost always defends clients, he has also represented plaintiffs, receiving both a $1.3 billion jury verdict (Oracle v. SAP) and a $2.2 billion court award (Arcata v. United States). Representative clients include Intel, Deloitte, Oracle, Sumitomo, LVMH, KPMG, SanDisk, Lehman Brothers, Ernst & Young, GenOn Energy (fka Reliant Energy), Inline Connection, Blockbuster, McAfee, Eastman Kodak and Pillar Point Partners.
Donn is a fellow in the American College of Trial Lawyers. He is recognized as a “National Litigation Star” in commercial litigation by Benchmark Litigation and also a leading lawyer in antitrust, commercial litigation and intellectual property law by Best Lawyers. Donn has been repeatedly selected as one of California’s top antitrust lawyers as well as one of the state’s top commercial litigation lawyers by Chambers USA. Sources in the 2013 edition called Donn a “first-rate first chair trial lawyer” who “exudes credibility.” Past editions described Donn as “an experienced and highly respected antitrust litigator” with sources that noted Donn as “a very senior lawyer who is still very hands on” and “a talented and seasoned litigator who consistently produces a polished work product.” He is recommended by the Legal 500 United States, where clients said Donn “is outstanding,” particularly in relation to high-stakes antitrust litigation and “exceedingly knowledgeable, experienced, hardworking and excellent trial lawyer.”
While Donn spends the majority of his time in his practice, he also serves on the firm’s Practice Committee and was formerly the co-chair of Bingham’s 360-lawyer litigation area. He was vice chairman of the firm from 2002 through 2008, and was the immediate prior chairman of legacy firm McCutchen, Doyle, Brown and Enersen.
With more than 30 years as a corporate litigator, Donn has developed a unique style in the management of large cases. His technique emphasizes the firm’s overall approach: responsible, lean and effective staffing; extraordinary responsiveness; early attempts to resolve matters, especially through mediation; discriminate use of discovery; a creative motions practice; avoidance of unnecessary costs; strict budgeting; and close client communications with active in-house participation. Many matters can be resolved economically and within a short period. If they can’t, Donn has successfully defended numerous major cases either to settlement or through trial.
Donn is an accomplished jury trial lawyer, and has tried a large number of cases in federal and state courts, including major jury trials in antitrust, patent infringement and securities cases. He also has extensive experience in counseling clients on antitrust issues as well as representing them in negotiations and proceedings with state and federal regulatory agencies. In particular, he has handled multiple matters involving the nexus between intellectual property rights and antitrust policy. He also has extensive arbitration experience, including handling major arbitration hearings and international arbitrations.
Donn regularly teaches trial practice and complex litigation courses for the ABA, PLI, CEB, the State Bar of California and others. He has been a coordinator of the firm’s renowned Trial Practice Program for more than 20 years. He has also led numerous programs as well as seminars for clients, in the antitrust, intellectual property and securities litigation areas.
