Russell Hayman - McDermott Will & Emery


Russell Hayman represents companies in the technology, health, life sciences and in other sectors in complex civil litigation nationwide. Drawing on his background as a federal prosecutor, he has also represented companies in government investigations and criminal proceedings. A successful trial lawyer having taken over 25 cases to trial, Russell has successfully defended clients in complex federal antitrust, patent infringement and theft of trade secret cases involving acoustic, cellular, Wi-Fi, software, mobile app, semiconductor and memory technologies. Russell’s trial experience in antitrust matters includes both horizontal and vertical restraint claims.

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  • Served as lead trial counsel in a federal antitrust case involving Sherman 1, Sherman 2 and Clayton Act antitrust claims; the jury deliberated for approximately an hour before returning a defense verdict in favor of the Firm’s client (GN Netcom Inc. v. Plantronics Inc., Del., 2017)
  • Served as lead trial counsel in a patent infringement action related to two-way wireless communications over cellular and Wi-Fi networks; the jury returned a verdict of no infringement, a complete victory for the Firm’s client (Mobile Telecommunications Technologies, LLC v. BlackBerry Corp., N.D. Tex., 2016)
  • Served as lead trial counsel in a federal jury trial involving multiple counts of trade secret misappropriation, breach of contract, incorrect inventorship, trademark infringement and false advertising under the Lanham Act; following a three-week trial, the jury found that the Firm’s client did not breach any contract, did not misappropriate trade secrets, and retained sole inventorship of the patents at stake; rather than awarding the plaintiff $6.5 million sought in damages, the jury awarded nominal damages of $2 on the Lanham Act claims, and the trial court dissolved a preliminary injunction issued before trial (Netlist, Inc. v. Diablo Technologies, Inc., N.D. Ca., 2015)

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  • Chambers USA, Litigation: White-Collar Crime & Government Investigations, 2007-2024
  • Legal 500 US, 2019-2023
  • The Best Lawyers in America, Healthcare Law, Los Angeles, 2009-2024
  • The Best Lawyers in America, Criminal Defense: White-Collar, Los Angeles, 2008-2024
  • The Best Lawyers in America, “Lawyer of the Year” in Healthcare Law, Los Angeles, 2019 and 2022-2023
  • The Best Lawyers in America, “Lawyer of the Year” in Litigation – Healthcare, Los Angeles, 2021-2022
  • BTI Client Service All-Stars, 2018


  • American Bar Association, Criminal Law Section
  • American Bar Association, Health Law Section
  • District of Columbia Bar Association


Yale University – Yale Law School, JD, 1982
Duke University, BA, 1979

District of Columbia

Courts / Agencies
US District Court for the Central District of California
US District Court for the Northern District of California