King & Spalding
Encyclopedia
King & Spalding LLP is an American law firm
with 125 years of service. It was founded in Atlanta, Georgia
in 1885 by Alexander C. King
and Jack Spalding. The firm has expanded nationally, with offices in Austin, Charlotte, Houston, New York, San Francisco, Silicon Valley, and Washington, D.C. The firm has a London-based international arm, King & Spalding International LLP, which opened in 2003, and office or affiliates in Abu Dhabi, Dubai], Frankfurt, Geneva, Paris, Riyadh, Singapore and Moscow.
On June 16, 2003, Corporate Board Member magazine named King & Spalding Atlanta's best corporate law firm for the second consecutive year, and in 2008, ranked the company among the top 20 law firms in the United States preferred by corporate general counsel to represent their companies on national matters.
King & Spalding's senior partners include former United States Attorney General
Griffin Bell
(now deceased). Georgia's former US Senator
Sam Nunn
(now retired), Indiana
US Senator
Dan Coats
, former Florida
US Senator
Connie Mack
, and former Georgia
governor George Busbee
(now deceased) also joined the firm after their retirement from public office.
Notable representations include: The Coca-Cola Company, Chevron Corporation
and General Motors
Corporation.
owners filed a malpractice claim against King & Spalding for $194.5 million.
-controlled United States House of Representatives
to take on the case of defending the Defense of Marriage Act
, which defines marriage in federal law as the union between one man and one woman, in court for the House, with former Solicitor General
Paul Clement
, the firm's most prominent Washington, D.C.
partner, as its lead attorney. After the contract was signed, the gay rights group Human Rights Campaign
announced it would launch a publicity war to "shame" the firm and planned protest, ads in legal publications, and to try to influence students and potential clients dealings' with the firm. Soon after signing, the firm asked to withdraw from the case after facing criticism from gay rights groups, citing an "inadequate" vetting process. Clement immediately resigned from the firm, writing in a letter to King & Spalding Chairman Robert Hays, "I resign out of the firmly-held belief that a representation should not be abandoned because the client's legal position is extremely unpopular in certain quarters. Defending unpopular decisions is what lawyers do...Efforts to delegitimize any representation for one side of a legal controversy are a profound threat to the rule of law." He added, "If there were problems with the firm's vetting process, we should fix the vetting process, not drop the representation." Clement immediately joined Bancroft PLLC
, which took the case. The National Law Journal
wrote, "[the turn of events] leaves unanswered a myriad of questions about the status of Clement's other cases and clients, and the future of King & Spalding's D.C. appellate practice, which was built around Clement."
The firm was widely criticized by those in the legal community on both sides of the same-sex marriage
issue for the decision; Attorney General of the United States Eric Holder
compared the situation to the criticism of lawyers tasked with defending Guantanamo Bay detainees, saying, "It was something we dealt with here in the Department of Justice
...The people who criticized our people here at the Justice Department were wrong then as are people who criticized Paul Clement for the representation that he’s going to continue." Former Attorney General Michael Mukasey said, "Although lawyers are not obligated in the first instance to take all comers, they are very much obligated not to quit in the face of criticism once they do take on a client. This is a bad message to send to lawyers and to clients." The decision shocked those lawyers involved in Supreme Court cases. Speaker of the House
John Boehner
issued a statement condemning the firm's "careless disregard for its responsibilities to the House in this constitutional matter." Theodore Olson
, Clement's predecessor as Solicitor General and a same-sex marriage supporter, said, "I don't know of anything comparable to this. You have to be willing to stand your ground."
Talking Points Memo
reported that Coca-Cola "directly intervened to press the firm to extricate itself from the case."
After King & Spalding dropped the case, Attorney General of Virginia
Ken Cuccinelli
terminated his office's relationship with the firm, writing in a letter to the firm that their "willingness to drop a client, the U.S. House of Representatives, in connection with the lawsuit challenging the Defense of Marriage Act (DOMA) was such an obsequious act of weakness that I feel compelled to end your legal association with Virginia so that there is no chance that one of my legal clients will be put in the embarrassing and difficult situation like the client you walked away from, the House of Representatives." The National Rifle Association soon did the same.
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
with 125 years of service. It was founded in Atlanta, Georgia
Atlanta, Georgia
Atlanta is the capital and most populous city in the U.S. state of Georgia. According to the 2010 census, Atlanta's population is 420,003. Atlanta is the cultural and economic center of the Atlanta metropolitan area, which is home to 5,268,860 people and is the ninth largest metropolitan area in...
in 1885 by Alexander C. King
Alexander C. King
Alexander Campbell King was Solicitor General of the United States and later a United States federal judge.-Biography:...
and Jack Spalding. The firm has expanded nationally, with offices in Austin, Charlotte, Houston, New York, San Francisco, Silicon Valley, and Washington, D.C. The firm has a London-based international arm, King & Spalding International LLP, which opened in 2003, and office or affiliates in Abu Dhabi, Dubai], Frankfurt, Geneva, Paris, Riyadh, Singapore and Moscow.
On June 16, 2003, Corporate Board Member magazine named King & Spalding Atlanta's best corporate law firm for the second consecutive year, and in 2008, ranked the company among the top 20 law firms in the United States preferred by corporate general counsel to represent their companies on national matters.
King & Spalding's senior partners include former United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
Griffin Bell
Griffin Bell
Griffin Boyette Bell was an American lawyer and former Attorney General. He served as the nation's 72nd Attorney General during the Jimmy Carter administration...
(now deceased). Georgia's former US Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Sam Nunn
Sam Nunn
Samuel Augustus Nunn, Jr. is an American lawyer and politician. Currently the co-chairman and Chief Executive Officer of the Nuclear Threat Initiative , a charitable organization working to reduce the global threats from nuclear, biological and chemical weapons, Nunn served for 24 years as a...
(now retired), Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
US Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Dan Coats
Dan Coats
Daniel Ray "Dan" Coats is the junior United States Senator from Indiana and member of the Republican Party. He was in the United States Senate from from 1989 to 1999, retired, and then returned in 2011....
, former Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
US Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Connie Mack
Connie Mack III
Cornelius Alexander McGillicuddy III , popularly known as Connie Mack, is a former Republican politician. He served as a member of the United States House of Representatives from Florida from 1983 to 1989 and then as a Senator from 1989 to 2001. He served as chairman of the Senate Republican...
, and former Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
governor George Busbee
George Busbee
George Dekle Busbee was an American politician who served as the 77th Governor of the U.S. state of Georgia from 1975 to 1983....
(now deceased) also joined the firm after their retirement from public office.
Notable representations include: The Coca-Cola Company, Chevron Corporation
Chevron Corporation
Chevron Corporation is an American multinational energy corporation headquartered in San Ramon, California, United States and active in more than 180 countries. It is engaged in every aspect of the oil, gas, and geothermal energy industries, including exploration and production; refining,...
and General Motors
General Motors
General Motors Company , commonly known as GM, formerly incorporated as General Motors Corporation, is an American multinational automotive corporation headquartered in Detroit, Michigan and the world's second-largest automaker in 2010...
Corporation.
Notable cases
- Represented Verizon WirelessVerizon WirelessCellco Partnership, doing business as Verizon Wireless, is one of the largest mobile network operators in the United States. The network has 107.7 million subscribers as of 2011, making it the largest wireless service provider in America....
in false advertising litigation involving use of maps illustrating comparison of Verizon's 3G coverage map to AT&T'sAT&TAT&T Inc. is an American multinational telecommunications corporation headquartered in Whitacre Tower, Dallas, Texas, United States. It is the largest provider of mobile telephony and fixed telephony in the United States, and is also a provider of broadband and subscription television services...
3G coverage map. Successfully defended against AT&T's motion for temporary restraining order and have successfully resolved the dispute. - As national counsel for Purdue PharmaPurdue PharmaPurdue Pharma L.P., is a privately held pharmaceutical company founded by physicians and now located in Stamford, Connecticut, USA. In its early years, Purdue was known for its antiseptic product, Betadine Solution, and its Senokot laxatives...
in the OxyContin litigation, King & Spalding defeated class certification 15 times and obtained 410 dismissals, including 30 summary judgment orders, without payment or settlement. - National and trial counsel for GlaxoSmithKlineGlaxoSmithKlineGlaxoSmithKline plc is a global pharmaceutical, biologics, vaccines and consumer healthcare company headquartered in London, United Kingdom...
in connection with multiple coordinated litigations and individual claims involving its SSRI antidepressant Paxil. - Represented SprintSprint NextelSprint Nextel Corporation is an American telecommunications company based in Overland Park, Kansas. The company owns and operates Sprint, the third largest wireless telecommunications network in the United States, with 53.4 million customers, behind Verizon Wireless and AT&T Mobility...
in its $35 billion merger with Nextel CorporationNextel CommunicationsNextel Communications, commonly styled NEXTEL and formerly traded on the NASDAQ as NXTL, now a part of the Sprint Nextel Corporation, was a United States telecommunications firm operating a nationwide push to talk mobile communications system. Unlike other mobile networks, the Nextel network...
in 2004 and subsequently advised Sprint NextelSprint NextelSprint Nextel Corporation is an American telecommunications company based in Overland Park, Kansas. The company owns and operates Sprint, the third largest wireless telecommunications network in the United States, with 53.4 million customers, behind Verizon Wireless and AT&T Mobility...
in a number of its key acquisitions including Clearwire’sClearwireClearwire Corporation is a wireless internet service provider serving markets in the United States, Belgium, and Spain...
WiMAXWiMAXWiMAX is a communication technology for wirelessly delivering high-speed Internet service to large geographical areas. The 2005 WiMAX revision provided bit rates up to 40 Mbit/s with the 2011 update up to 1 Gbit/s for fixed stations...
business for $4.2 billion in 2008, Virgin Mobile USAVirgin Mobile USAVirgin Mobile USA, Inc. is a wireless communications services provider based in Warren, New Jersey, United States. Founded in 2001 as a mobile virtual network operator, Virgin Mobile USA, Inc. commenced operations under the Virgin Mobile brand in June, 2002...
for $483 million in 2009 and wireless affiliate iPCS, Inc., for $831 million in 2009. - Advised Caremark Rx Inc. in its $27 billion merger with CVS CorporationCVS CorporationCVS Pharmacy, or simply CVS, is the second largest pharmacy chain in the United States , with over 7,000 stores in 41 states and Puerto Rico...
in 2006. - Legal counsel to NovelisNovelisNovelis Inc. is a global aluminum company. Headquartered in Atlanta, Georgia, Novelis produces 17 percent of the world’s flat-rolled aluminum products and is the global leader in recycling used beverage cans....
, a Canadian-based aluminum company in its purchase by Hindalco Industries Ltd.Hindalco IndustriesHindalco Industries Ltd. is one of the world's largest Aluminium manufacturing company and is a subsidiary of the Aditya Birla Group. It is run by one of the world's youngest billionaires, Mr. K.M. Birla.-Financial information:...
, an Indian steel company for total consideration of $6 billion. The transaction closed in 2007. - Advised Suez Energy International and Mitsui & Co., Ltd.Mitsui & Co.Mitsui & Co., also known as Mitsui Bussan, is one of the largest sogo shosha in Japan, and also part of the Mitsui Group. Its business area covers energy, machinery, chemicals, food, textile, logistics, finance, and more.- History :...
, on the largest-ever power and water financing for the $3 billion Ras Laffan project in Qatar in a joint venture with Qatar PetroleumQatar PetroleumQatar Petroleum is a state owned petroleum company in Qatar. The company operates all oil and gas activities in Qatar, including exploration, production, refining, transport, and storage. QP's Chairman Abdullah Bin Hamad Al-Attiyah, is also the head of the Ministry of Energy and Industry and, as...
and Qatar Electricity and Water Co., in 2008. - Secured a $133 million arbitration award, the largest ever granted to individual claimants by the World Bank Group’sWorld Bank GroupThe World Bank Group is a family of five international organizations that makes leveraged loans, generally to poor countries.The Bank came into formal existence on 27 December 1945 following international ratification of the Bretton Woods agreements, which emerged from the United Nations Monetary...
International Centre for the Settlement of Investment Disputes, against the government of Egypt in 2009, involving the expropriation of a 161 acre (0.65154446 km²) resort property on the Gulf of Aqaba on the Red Sea. - Secured an arbitral award finding of $700 million in damages against the government of Ecuador on behalf of Chevron CorporationChevron CorporationChevron Corporation is an American multinational energy corporation headquartered in San Ramon, California, United States and active in more than 180 countries. It is engaged in every aspect of the oil, gas, and geothermal energy industries, including exploration and production; refining,...
, in 2010, in a bilateral investment treaty dispute related to past oil operations by Chevron’s subsidiary, Texaco petroleum company. - Achieved a total trial victory for former VivendiVivendiVivendi SA is a French international media conglomerate with activities in music, television and film, publishing, telecommunications, the Internet, and video games. It is headquartered in Paris.- History :...
CEO Jean-Marie MessierJean-Marie MessierJean-Marie Messier is a French businessman who was Chairman and Chief Executive of the multinational media conglomerate Vivendi SA until 2002...
in 2010, as a federal court jury in New York City cleared him of allegations that he mislead investors, in a securities class action case thought to be the largest ever tried to verdict. While Messier and another former Vivendi executive were found not liable, the jury found that Paris-based Vivendi SA misled investors 57 times by making upbeat statements about the company's financial condition in a supposed effort to conceal the company's liquidity risks. - Legal counsel as Guantanamo Bay attorneysGuantanamo Bay attorneysThe Center for Constitutional Rights has coordinated efforts by American lawyers to handle the habeas corpus, and other legal appeals, of several hundred of the Guantanamo detainees....
for six Yemeni detainees, including Mohammed Al-Adahi.
Current events
On January 21, 2011, the Atlanta ThrashersAtlanta Thrashers
The Atlanta Thrashers were a professional ice hockey team based in Atlanta, Georgia, United States. Atlanta was granted a franchise in the National Hockey League on June 25, 1997, and became the league's 28th franchise when it began play in the 1999–2000 NHL season...
owners filed a malpractice claim against King & Spalding for $194.5 million.
Defense of Marriage Act
In April 2011 the firm signed a $500,000 contract with the RepublicanRepublican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
-controlled United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
to take on the case of defending the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
, which defines marriage in federal law as the union between one man and one woman, in court for the House, with former Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
Paul Clement
Paul Clement
Paul Drew Clement is a former United States Solicitor General and current Georgetown University legal professor. He is also an adjunct professor at New York University School of Law. He was nominated by President George W...
, the firm's most prominent Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
partner, as its lead attorney. After the contract was signed, the gay rights group Human Rights Campaign
Human Rights Campaign
The Human Rights Campaign is the United States' largest LGBT advocacy group and lobbying organization; according to the HRC, it has more than one million members and supporters...
announced it would launch a publicity war to "shame" the firm and planned protest, ads in legal publications, and to try to influence students and potential clients dealings' with the firm. Soon after signing, the firm asked to withdraw from the case after facing criticism from gay rights groups, citing an "inadequate" vetting process. Clement immediately resigned from the firm, writing in a letter to King & Spalding Chairman Robert Hays, "I resign out of the firmly-held belief that a representation should not be abandoned because the client's legal position is extremely unpopular in certain quarters. Defending unpopular decisions is what lawyers do...Efforts to delegitimize any representation for one side of a legal controversy are a profound threat to the rule of law." He added, "If there were problems with the firm's vetting process, we should fix the vetting process, not drop the representation." Clement immediately joined Bancroft PLLC
Bancroft PLLC
Bancroft PLLC is an American law firm headquartered in Washington, D.C.. Viet D. Dinh is the firm's principal...
, which took the case. The National Law Journal
The National Law Journal
The National Law Journal, a U.S. periodical founded in 1978, reports legal information of national importance to attorneys, including federal circuit court decisions, verdicts, practitioners' columns, coverage of legislative issues and legal news for the business and private sectors.The...
wrote, "[the turn of events] leaves unanswered a myriad of questions about the status of Clement's other cases and clients, and the future of King & Spalding's D.C. appellate practice, which was built around Clement."
The firm was widely criticized by those in the legal community on both sides of the same-sex marriage
Same-sex marriage in the United States
The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
issue for the decision; Attorney General of the United States Eric Holder
Eric Holder
Eric Himpton Holder, Jr. is the 82nd and current Attorney General of the United States and the first African American to hold the position, serving under President Barack Obama....
compared the situation to the criticism of lawyers tasked with defending Guantanamo Bay detainees, saying, "It was something we dealt with here in the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
...The people who criticized our people here at the Justice Department were wrong then as are people who criticized Paul Clement for the representation that he’s going to continue." Former Attorney General Michael Mukasey said, "Although lawyers are not obligated in the first instance to take all comers, they are very much obligated not to quit in the face of criticism once they do take on a client. This is a bad message to send to lawyers and to clients." The decision shocked those lawyers involved in Supreme Court cases. Speaker of the House
Speaker of the United States House of Representatives
The Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
John Boehner
John Boehner
John Andrew Boehner is the 61st and current Speaker of the United States House of Representatives. A member of the Republican Party, he is the U.S. Representative from , serving since 1991...
issued a statement condemning the firm's "careless disregard for its responsibilities to the House in this constitutional matter." Theodore Olson
Theodore Olson
Theodore Bevry Olson is a former United States Solicitor General, serving from June 2001 to July 2004 under President George W. Bush.- Early life :...
, Clement's predecessor as Solicitor General and a same-sex marriage supporter, said, "I don't know of anything comparable to this. You have to be willing to stand your ground."
Talking Points Memo
Talking Points Memo
Talking Points Memo is a web-based political journalism organization created and run by Josh Marshall, journalist and historian covering issues from a "politically left perspective,". It debuted on November 12, 2000...
reported that Coca-Cola "directly intervened to press the firm to extricate itself from the case."
After King & Spalding dropped the case, Attorney General of Virginia
Attorney General of Virginia
The Attorney General of Virginia is an executive office in the Government of Virginia. Attorneys General are elected for a four-year term in the year following a presidential election . There are no term limits restricting the number of terms someone can serve as Attorney General...
Ken Cuccinelli
Ken Cuccinelli
Kenneth Thomas 'Ken' Cuccinelli II is a U.S. politician and the Attorney General of Virginia. From 2002 until January 16, 2010 he was a Republican member of the Senate of Virginia, representing the 37th district in Fairfax County...
terminated his office's relationship with the firm, writing in a letter to the firm that their "willingness to drop a client, the U.S. House of Representatives, in connection with the lawsuit challenging the Defense of Marriage Act (DOMA) was such an obsequious act of weakness that I feel compelled to end your legal association with Virginia so that there is no chance that one of my legal clients will be put in the embarrassing and difficult situation like the client you walked away from, the House of Representatives." The National Rifle Association soon did the same.