Four Decades for Justice
Wes Earnhardt has significant experience leading critical matters in all stages of litigation and across a broad range of practice areas, including antitrust, general commercial disputes, intellectual property, securities litigation, arbitration, and financial restructuring and reorganization.
Mr. Earnhardt’s clients have included Atlas Air, Epic Games, ESPN, GTT Communications, Illumina, JPMorgan Chase, PG&E, Qualcomm, Root, Spirit AeroSystems, Starz Entertainment, Time Warner, The Walt Disney Company and Xerox.
Mr. Earnhardt’s current and recent matters include:
Antitrust
General Commercial and Intellectual Property
Root, Inc. v. Embedded Insurance, Inc. (Del. Ch.): Representing Root in a declaratory and injunctive relief action against Embedded Insurance, in which he successfully enjoined Embedded from breaching a binding standstill and non‑disclosure agreement.
Santos Laguna v. The Walt Disney Company (Cal. Super.): Representing Disney and its subsidiary FSLA Holdings LLC in an action filed by Santos Laguna S.A. de C.V., alleging breach of contract claims arising out of Disney’s agreement to divest certain broadcasting assets in Mexico.
Representing several leading international media and entertainment companies with respect to a variety of issues, including confidential arbitrations, contested business transactions, corporate governance and contractual disputes, and shareholder matters.
Cargo on Demand, Inc. v. Polar Air Cargo Worldwide, Inc. (S.D.N.Y.): Won the complete dismissal of litigation filed against Polar Air by Cargo on Demand (“COD”) alleging violations of the federal RICO statute and common law fraud claiming that former members of Polar senior management conspired to overcharge COD by demanding COD make payments to them as a condition of doing business with Polar.
Securities
Financial Restructuring & Reorganization
Appellate
Mr. Earnhardt has extensive appellate experience across a range of practice areas, having led appeals in the U.S. Supreme Court, the U.S. Court of Appeals for the Second, Third, Sixth and Ninth Circuits, as well as the Supreme Courts of Delaware, Kentucky and South Carolina.
Pro Bono Matters
Mr. Earnhardt also devotes substantial time to pro bono service, including by serving as Co-Chair of the Board of Directors of The Adams Street Foundation, a nonprofit organization that supports the students of The Urban Assembly School for Law and Justice.
Recognition and Awards
Mr. Earnhardt is regularly recognized by leading professional publications. In 2022, The National Law Journal named him a “Litigation Trailblazer,” and he and his colleagues earned the Firm distinction as a Law360 “Media and Entertainment Practice Group of the Year.” Benchmark Litigation has named him a “Litigation Star,” and The Legal 500 US consistently recognizes him for his work in general commercial disputes, media and entertainment and securities litigation. In addition, Mr. Earnhardt has also been commended by Law360 for his work in securities and class action litigation, and he was selected as one of Lawdragon’s “500 Leading Litigators in America.”
In 2021, Mr. Earnhardt was named by the Sports Business Journal as a “Power Player” in Sports Law. In 2018, he was selected to serve as a member of Law360’s Media & Entertainment Editorial Advisory Board. In 2013, Mr. Earnhardt was featured as “Litigator of the Week” by The Am Law Litigation Daily for his representation of JPMorgan in Dexia SA/NV, et al. v. Bear, Stearns & Co., et al., in obtaining a summary judgment victory that eliminated from litigation certificates worth over $1.5 billion.
Mr. Earnhardt received the New York County Lawyers’ Association’s 2013 Boris Kostelanetz President’s Medal for his work co‑authoring a chapter in the book Commercial Litigation in New York State Courts (Third Edition) and is a co‑author of a chapter in the book’s fourth edition. He is also a co‑author of the chapter “Trials” in the book Business and Commercial Litigation in Federal Courts (Fourth Edition).
Mr. Earnhardt is from Denver, North Carolina. He received a B.A. in Economics with distinction from the University of North Carolina at Chapel Hill in 2000, where he was elected to Phi Beta Kappa, and a J.D. with high honors from the University of North Carolina School of Law in 2004, where he was an Articles Editor of the Law Review.
Mr. Earnhardt joined Cravath in 2004 and was elected a partner in 2011.
Mr. Earnhardt’s current and recent matters include:
Antitrust
General Commercial and Intellectual Property
Root, Inc. v. Embedded Insurance, Inc. (Del. Ch.): Representing Root in a declaratory and injunctive relief action against Embedded Insurance, in which he successfully enjoined Embedded from breaching a binding standstill and non‑disclosure agreement.
Santos Laguna v. The Walt Disney Company (Cal. Super.): Representing Disney and its subsidiary FSLA Holdings LLC in an action filed by Santos Laguna S.A. de C.V., alleging breach of contract claims arising out of Disney’s agreement to divest certain broadcasting assets in Mexico.
Representing several leading international media and entertainment companies with respect to a variety of issues, including confidential arbitrations, contested business transactions, corporate governance and contractual disputes, and shareholder matters.
Cargo on Demand, Inc. v. Polar Air Cargo Worldwide, Inc. (S.D.N.Y.): Won the complete dismissal of litigation filed against Polar Air by Cargo on Demand (“COD”) alleging violations of the federal RICO statute and common law fraud claiming that former members of Polar senior management conspired to overcharge COD by demanding COD make payments to them as a condition of doing business with Polar.
Securities
Financial Restructuring & Reorganization
Appellate
Mr. Earnhardt has extensive appellate experience across a range of practice areas, having led appeals in the U.S. Supreme Court, the U.S. Court of Appeals for the Second, Third, Sixth and Ninth Circuits, as well as the Supreme Courts of Delaware, Kentucky and South Carolina.
Pro Bono Matters
Mr. Earnhardt also devotes substantial time to pro bono service, including by serving as Co-Chair of the Board of Directors of The Adams Street Foundation, a nonprofit organization that supports the students of The Urban Assembly School for Law and Justice.
Recognition and Awards
Mr. Earnhardt is regularly recognized by leading professional publications. In 2022, The National Law Journal named him a “Litigation Trailblazer,” and he and his colleagues earned the Firm distinction as a Law360 “Media and Entertainment Practice Group of the Year.” Benchmark Litigation has named him a “Litigation Star,” and The Legal 500 US consistently recognizes him for his work in general commercial disputes, media and entertainment and securities litigation. In addition, Mr. Earnhardt has also been commended by Law360 for his work in securities and class action litigation, and he was selected as one of Lawdragon’s “500 Leading Litigators in America.”
In 2021, Mr. Earnhardt was named by the Sports Business Journal as a “Power Player” in Sports Law. In 2018, he was selected to serve as a member of Law360’s Media & Entertainment Editorial Advisory Board. In 2013, Mr. Earnhardt was featured as “Litigator of the Week” by The Am Law Litigation Daily for his representation of JPMorgan in Dexia SA/NV, et al. v. Bear, Stearns & Co., et al., in obtaining a summary judgment victory that eliminated from litigation certificates worth over $1.5 billion.
Mr. Earnhardt received the New York County Lawyers’ Association’s 2013 Boris Kostelanetz President’s Medal for his work co‑authoring a chapter in the book Commercial Litigation in New York State Courts (Third Edition) and is a co‑author of a chapter in the book’s fourth edition. He is also a co‑author of the chapter “Trials” in the book Business and Commercial Litigation in Federal Courts (Fourth Edition).
Mr. Earnhardt is from Denver, North Carolina. He received a B.A. in Economics with distinction from the University of North Carolina at Chapel Hill in 2000, where he was elected to Phi Beta Kappa, and a J.D. with high honors from the University of North Carolina School of Law in 2004, where he was an Articles Editor of the Law Review.
Mr. Earnhardt joined Cravath in 2004 and was elected a partner in 2011.
International Bar Association
The Adams Street Foundation
The Fund for Modern Courts
Law360
Am Law Litigation Daily
Benchmark Litigation
Law360
Lawdragon
The Legal 500 US
National Law Journal
New York Law Journal
Super Lawyers - Rising Stars - New York
Boris Kostelanetz President’s Medal, New York County Lawyers’ Association, 2013
Deals & Cases
October 19, 2023
On August 30, 2023, Judge Leo A. Finston of the Newark Immigration Court granted asylum to a Cravath pro bono client persecuted by gang members in El Salvador.
Deals & Cases
August 31, 2023
On August 30 2023, the U.S. District Court for the Southern District of New York dismissed all claims brought against Cravath client Polar Air Cargo Worldwide, Inc. (“Polar”) by Cargo on Demand, Inc. (“COD”) alleging violations of the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) and other claims brought under New York state law.
Deals & Cases
April 01, 2023
On March 31, 2023, the U.S. District Court for the Southern District of Ohio granted a motion to dismiss with prejudice all claims brought against Cravath clients Root, Inc. and certain of its officers and directors (collectively, “Root”). Root is an insurance company, primarily focused on automobile insurance, with a “mobile‑first”, data‑driven business model that makes risk assessments, in part, based on complex behavioral data, including an individual’s actual driving behavior.
Deals & Cases
September 02, 2022
On September 1, 2022, Chief Administrative Law Judge D. Michael Chappell of the Federal Trade Commission (“FTC”) ruled in favor of Cravath client Illumina, rejecting the FTC’s challenge to Illumina’s $8 billion acquisition of GRAIL, which closed in August 2021.
Deals & Cases
July 14, 2022
On July 14, 2022, the U.S. Court of Appeals for the Ninth Circuit issued a precedential decision affirming the U.S. District Court for the Central District of California’s holding that the Copyright Act did not impose a time‑based bar on damages for copyright infringement claims separate from the three‑year statute of limitations and that, therefore, the copyright infringement claims brought by Cravath client Starz Entertainment, LLC (“Starz”) were timely.
Activities & Publications
April 06, 2023
Cravath partner Wes Earnhardt, lead attorney for data analytics and e‑discovery Scott Reents, and senior discovery attorney James Canning authored an expert Q&A on best practices for remote depositions, which was published in the April 2023 issue of Practical Law The Journal. In the article, Wes, Scott and James highlight considerations for both deposing and defending counsel, including possible challenges presented by the virtual format and how to mitigate them.
Accolades
March 06, 2023
On March 1, 2023, Cravath was featured by Law360 as a “Media & Entertainment Practice Group of the Year.” The associated profile highlighted the Firm’s representation of “several high‑profile entertainment clients,” including Starz in a precedent‑setting trial win at the U.S. Court of Appeals for the Ninth Circuit and Hasbro in its successful proxy contest against Alta Fox.
Accolades
November 22, 2022
On November 10, 2022, Cravath partner Wes Earnhardt was honored by the National Law Journal as a “Litigation Trailblazer.” The accompanying profile highlights Wes’s role in securing a precedent‑setting victory for Starz in the Ninth Circuit relating to the timeliness of copyright infringement claims, and includes Wes’s thoughts on the lasting impact of the decision on intellectual property law.
Wes Earnhardt has significant experience leading critical matters in all stages of litigation and across a broad range of practice areas, including antitrust, general commercial disputes, intellectual property, securities litigation, arbitration, and financial restructuring and reorganization.
Mr. Earnhardt’s clients have included Atlas Air, Epic Games, ESPN, GTT Communications, Illumina, JPMorgan Chase, PG&E, Qualcomm, Root, Spirit AeroSystems, Starz Entertainment, Time Warner, The Walt Disney Company and Xerox.
Mr. Earnhardt’s current and recent matters include:
Antitrust
General Commercial and Intellectual Property
Root, Inc. v. Embedded Insurance, Inc. (Del. Ch.): Representing Root in a declaratory and injunctive relief action against Embedded Insurance, in which he successfully enjoined Embedded from breaching a binding standstill and non‑disclosure agreement.
Santos Laguna v. The Walt Disney Company (Cal. Super.): Representing Disney and its subsidiary FSLA Holdings LLC in an action filed by Santos Laguna S.A. de C.V., alleging breach of contract claims arising out of Disney’s agreement to divest certain broadcasting assets in Mexico.
Representing several leading international media and entertainment companies with respect to a variety of issues, including confidential arbitrations, contested business transactions, corporate governance and contractual disputes, and shareholder matters.
Cargo on Demand, Inc. v. Polar Air Cargo Worldwide, Inc. (S.D.N.Y.): Won the complete dismissal of litigation filed against Polar Air by Cargo on Demand (“COD”) alleging violations of the federal RICO statute and common law fraud claiming that former members of Polar senior management conspired to overcharge COD by demanding COD make payments to them as a condition of doing business with Polar.
Securities
Financial Restructuring & Reorganization
Appellate
Mr. Earnhardt has extensive appellate experience across a range of practice areas, having led appeals in the U.S. Supreme Court, the U.S. Court of Appeals for the Second, Third, Sixth and Ninth Circuits, as well as the Supreme Courts of Delaware, Kentucky and South Carolina.
Pro Bono Matters
Mr. Earnhardt also devotes substantial time to pro bono service, including by serving as Co-Chair of the Board of Directors of The Adams Street Foundation, a nonprofit organization that supports the students of The Urban Assembly School for Law and Justice.
Recognition and Awards
Mr. Earnhardt is regularly recognized by leading professional publications. In 2022, The National Law Journal named him a “Litigation Trailblazer,” and he and his colleagues earned the Firm distinction as a Law360 “Media and Entertainment Practice Group of the Year.” Benchmark Litigation has named him a “Litigation Star,” and The Legal 500 US consistently recognizes him for his work in general commercial disputes, media and entertainment and securities litigation. In addition, Mr. Earnhardt has also been commended by Law360 for his work in securities and class action litigation, and he was selected as one of Lawdragon’s “500 Leading Litigators in America.”
In 2021, Mr. Earnhardt was named by the Sports Business Journal as a “Power Player” in Sports Law. In 2018, he was selected to serve as a member of Law360’s Media & Entertainment Editorial Advisory Board. In 2013, Mr. Earnhardt was featured as “Litigator of the Week” by The Am Law Litigation Daily for his representation of JPMorgan in Dexia SA/NV, et al. v. Bear, Stearns & Co., et al., in obtaining a summary judgment victory that eliminated from litigation certificates worth over $1.5 billion.
Mr. Earnhardt received the New York County Lawyers’ Association’s 2013 Boris Kostelanetz President’s Medal for his work co‑authoring a chapter in the book Commercial Litigation in New York State Courts (Third Edition) and is a co‑author of a chapter in the book’s fourth edition. He is also a co‑author of the chapter “Trials” in the book Business and Commercial Litigation in Federal Courts (Fourth Edition).
Mr. Earnhardt is from Denver, North Carolina. He received a B.A. in Economics with distinction from the University of North Carolina at Chapel Hill in 2000, where he was elected to Phi Beta Kappa, and a J.D. with high honors from the University of North Carolina School of Law in 2004, where he was an Articles Editor of the Law Review.
Mr. Earnhardt joined Cravath in 2004 and was elected a partner in 2011.
Mr. Earnhardt’s current and recent matters include:
Antitrust
General Commercial and Intellectual Property
Root, Inc. v. Embedded Insurance, Inc. (Del. Ch.): Representing Root in a declaratory and injunctive relief action against Embedded Insurance, in which he successfully enjoined Embedded from breaching a binding standstill and non‑disclosure agreement.
Santos Laguna v. The Walt Disney Company (Cal. Super.): Representing Disney and its subsidiary FSLA Holdings LLC in an action filed by Santos Laguna S.A. de C.V., alleging breach of contract claims arising out of Disney’s agreement to divest certain broadcasting assets in Mexico.
Representing several leading international media and entertainment companies with respect to a variety of issues, including confidential arbitrations, contested business transactions, corporate governance and contractual disputes, and shareholder matters.
Cargo on Demand, Inc. v. Polar Air Cargo Worldwide, Inc. (S.D.N.Y.): Won the complete dismissal of litigation filed against Polar Air by Cargo on Demand (“COD”) alleging violations of the federal RICO statute and common law fraud claiming that former members of Polar senior management conspired to overcharge COD by demanding COD make payments to them as a condition of doing business with Polar.
Securities
Financial Restructuring & Reorganization
Appellate
Mr. Earnhardt has extensive appellate experience across a range of practice areas, having led appeals in the U.S. Supreme Court, the U.S. Court of Appeals for the Second, Third, Sixth and Ninth Circuits, as well as the Supreme Courts of Delaware, Kentucky and South Carolina.
Pro Bono Matters
Mr. Earnhardt also devotes substantial time to pro bono service, including by serving as Co-Chair of the Board of Directors of The Adams Street Foundation, a nonprofit organization that supports the students of The Urban Assembly School for Law and Justice.
Recognition and Awards
Mr. Earnhardt is regularly recognized by leading professional publications. In 2022, The National Law Journal named him a “Litigation Trailblazer,” and he and his colleagues earned the Firm distinction as a Law360 “Media and Entertainment Practice Group of the Year.” Benchmark Litigation has named him a “Litigation Star,” and The Legal 500 US consistently recognizes him for his work in general commercial disputes, media and entertainment and securities litigation. In addition, Mr. Earnhardt has also been commended by Law360 for his work in securities and class action litigation, and he was selected as one of Lawdragon’s “500 Leading Litigators in America.”
In 2021, Mr. Earnhardt was named by the Sports Business Journal as a “Power Player” in Sports Law. In 2018, he was selected to serve as a member of Law360’s Media & Entertainment Editorial Advisory Board. In 2013, Mr. Earnhardt was featured as “Litigator of the Week” by The Am Law Litigation Daily for his representation of JPMorgan in Dexia SA/NV, et al. v. Bear, Stearns & Co., et al., in obtaining a summary judgment victory that eliminated from litigation certificates worth over $1.5 billion.
Mr. Earnhardt received the New York County Lawyers’ Association’s 2013 Boris Kostelanetz President’s Medal for his work co‑authoring a chapter in the book Commercial Litigation in New York State Courts (Third Edition) and is a co‑author of a chapter in the book’s fourth edition. He is also a co‑author of the chapter “Trials” in the book Business and Commercial Litigation in Federal Courts (Fourth Edition).
Mr. Earnhardt is from Denver, North Carolina. He received a B.A. in Economics with distinction from the University of North Carolina at Chapel Hill in 2000, where he was elected to Phi Beta Kappa, and a J.D. with high honors from the University of North Carolina School of Law in 2004, where he was an Articles Editor of the Law Review.
Mr. Earnhardt joined Cravath in 2004 and was elected a partner in 2011.
International Bar Association
The Adams Street Foundation
The Fund for Modern Courts
Law360
Am Law Litigation Daily
Benchmark Litigation
Law360
Lawdragon
The Legal 500 US
National Law Journal
New York Law Journal
Super Lawyers - Rising Stars - New York
Boris Kostelanetz President’s Medal, New York County Lawyers’ Association, 2013
Deals & Cases
October 19, 2023
On August 30, 2023, Judge Leo A. Finston of the Newark Immigration Court granted asylum to a Cravath pro bono client persecuted by gang members in El Salvador.
Deals & Cases
August 31, 2023
On August 30 2023, the U.S. District Court for the Southern District of New York dismissed all claims brought against Cravath client Polar Air Cargo Worldwide, Inc. (“Polar”) by Cargo on Demand, Inc. (“COD”) alleging violations of the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) and other claims brought under New York state law.
Deals & Cases
April 01, 2023
On March 31, 2023, the U.S. District Court for the Southern District of Ohio granted a motion to dismiss with prejudice all claims brought against Cravath clients Root, Inc. and certain of its officers and directors (collectively, “Root”). Root is an insurance company, primarily focused on automobile insurance, with a “mobile‑first”, data‑driven business model that makes risk assessments, in part, based on complex behavioral data, including an individual’s actual driving behavior.
Deals & Cases
September 02, 2022
On September 1, 2022, Chief Administrative Law Judge D. Michael Chappell of the Federal Trade Commission (“FTC”) ruled in favor of Cravath client Illumina, rejecting the FTC’s challenge to Illumina’s $8 billion acquisition of GRAIL, which closed in August 2021.
Deals & Cases
July 14, 2022
On July 14, 2022, the U.S. Court of Appeals for the Ninth Circuit issued a precedential decision affirming the U.S. District Court for the Central District of California’s holding that the Copyright Act did not impose a time‑based bar on damages for copyright infringement claims separate from the three‑year statute of limitations and that, therefore, the copyright infringement claims brought by Cravath client Starz Entertainment, LLC (“Starz”) were timely.
Activities & Publications
April 06, 2023
Cravath partner Wes Earnhardt, lead attorney for data analytics and e‑discovery Scott Reents, and senior discovery attorney James Canning authored an expert Q&A on best practices for remote depositions, which was published in the April 2023 issue of Practical Law The Journal. In the article, Wes, Scott and James highlight considerations for both deposing and defending counsel, including possible challenges presented by the virtual format and how to mitigate them.
Accolades
March 06, 2023
On March 1, 2023, Cravath was featured by Law360 as a “Media & Entertainment Practice Group of the Year.” The associated profile highlighted the Firm’s representation of “several high‑profile entertainment clients,” including Starz in a precedent‑setting trial win at the U.S. Court of Appeals for the Ninth Circuit and Hasbro in its successful proxy contest against Alta Fox.
Accolades
November 22, 2022
On November 10, 2022, Cravath partner Wes Earnhardt was honored by the National Law Journal as a “Litigation Trailblazer.” The accompanying profile highlights Wes’s role in securing a precedent‑setting victory for Starz in the Ninth Circuit relating to the timeliness of copyright infringement claims, and includes Wes’s thoughts on the lasting impact of the decision on intellectual property law.
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