Buckle up — this is the kind of sanctions order that make you wonder how any of this happened at a firm that charges what Quinn Emanuel charges.
On Tuesday, Judge Edward M. Chen of the US District Court for the Northern District of California dropped a $3 million sanctions order on Quinn Emanuel stemming from the firm’s representation of Natera Inc. in a pharma advertising case, and the opinion is the kind of reading that should make every partner at that firm put down their coffee and stare at the wall for a while.
The conduct of the firm and its litigation team, Chen wrote in adopting a special master’s recommendation, “implicates a culture of lawyering that is deeply disturbing.” Not a rogue associate. Not an isolated lapse in judgment. A culture. “At virtually every juncture in this misadventure,” Chen wrote, “these attorneys turned a blind eye to the truth, deliberately failed to exercise diligence, violated their duties of candor to the Court, and then attempted to justify it — without basis.”
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The firm and its “entire litigation team” allegedly engaged in a pattern of conduct that included propagating misleading statements from an expert witness. This wasn’t a one-time mistake that spiraled. According to Chen, it was a sustained failure at every turn.
Here’s the damage:
Quinn Emanuel must pay nearly $3 million in compensatory damages to plaintiff, plus a $100,000 punitive fine. Silicon Valley partners Andrew Bramhall and Brian Cannon are on the hook for additional sanctions of up to $58,000 each. San Francisco associate Elle Wang faces a $28,000 sanction. And two other Quinn Emanuel Silicon Valley lawyers, managing partner Victoria Maroulis and partner Margaret Shyr, may face additional sanctions, with Judge Chen deferring on their cases for now.
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But the most striking part of the order isn’t the dollar figures. It’s that Bramhall, Cannon, and Wang must each complete an eight-hour legal ethics course. And the firm must develop that course itself.
Quinn Emanuel — a firm that has never been accused of lacking confidence in its own abilities — has been ordered by a federal judge to sit down, think hard about what it did, and write its own ethics curriculum. It’s the legal profession’s version of being made to write “I will not lie to the court” on the blackboard. Except the blackboard costs $3 million.
So what exactly happened at Quinn? Judge Chen opens his sanctions order not with dry legal findings, but with a narrative — a detailed, almost novelistic account of a mid-level associate at “a well-recognized law firm” navigating a cascade of ethical failures over the course of a year. It reads like a Professional Responsibility exam hypothetical. At the end of four pages, he pulls back the curtain: “This is not a Professional Ethics issue spotter. These are the facts of Quinn Emanuel’s conduct in the instant litigation.”
You should absolutely read Judge Chen’s full description of the facts, but it involves an expert witness with access to embargoed study results, a late-breaking supplemental expert report (six weeks before trial), “thin distinctions” about how and when the new data was obtained that are “not apparent to the Court or opposing counsel,” and troubling phrases like “Maybe I don’t want to know [how the expert got the study results early].”
Chen’s conclusion: the associate and her firm “deliberately and knowingly misled the Court.” When asked about it afterward, “the associate doesn’t believe that she did anything wrong.”
Chen didn’t pull any punches on what’s really at stake here beyond this one case. The actions, he wrote, are “particularly damaging to younger associates, who take their cues and learn their practice from partners who fail to model ethical behavior, creating a vicious cycle.” That’s the line that should haunt the firm’s leadership. This isn’t just about the parties in the instant case. It’s about what junior lawyers learn when they watch senior ones behave this way and face no consequences — until now.
Quinn Emanuel issued a statement that was, in fairness, more contrite than the typical Biglaw non-apology apology. “We are deeply disappointed by the conduct described in the judge’s Order. The lawyers involved have apologized to Judge Chen, and the Firm has joined in that apology.” The firm says it is “instituting concrete measures,” including having a firm executive committee member visit each office in person “to emphasize the Firm’s rejection of the conduct that Judge Chen described,” and hiring an additional lawyer to the general counsel’s staff “with the specific and sole charter to advise lawyers who face questions about disclosures to the Court.”
The punitive sanction, Chen noted, is warranted in part because punitive damages can be awarded “upon a clear and convincing finding. It is difficult to see why this standard would not apply here.” Judges don’t write sentences like that when they’re mildly annoyed. They write them when they want the opinion to be read, cited, and remembered.
Quinn Emanuel will soldier on — $3 million is a painful but survivable number for a shop of its size and profitability. But “culture of lawyering that is deeply disturbing” is going to follow this firm for a long time.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Bluesky @Kathryn1