E. Desmond Hogan
Partner Litigation, Arbitration, and Employment
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Overview
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Experience
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Credentials
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Insights and events
Chambers USAClients note that “if I had to pick a single litigator to handle a bet-the-company case, it would be Des. He combines high intelligence with a real trial lawyer’s skill set.”
Des Hogan, the Chambers-rated Head of our global Litigation, Arbitration, and Employment practice, has a track record of winning cases early, at trial, and on appeal.
Recently led a team that won a complete defense victory in Texas federal court for multiple Blue Cross Blue Shield (BCBS) plans in a nationwide ERISA case. Won the largest jury verdict in U.S. history ($75m) in a wrongful conviction case. Won a complete victory in the Uber Data Breach MDL in California via dismissal of a nationwide class action on precedent-setting grounds; defeated TRO and secured dismissal of a health class action in Georgia federal court; defended the Anthem Data Breach MDL in California federal court; secured dismissal of a false advertising class action against a food company in a widely cited Miami federal case; and won dismissal of a federal class action against a pharma client.
Currently, he helps lead the defense of many BCBS plans in a high-profile antitrust MDL, other health benefits companies in federal and state class actions, and clients in congressional investigations.
He defeated class certification and a 10-figure damages claim in In Re WellPoint MDL; won a nationwide health care class action on summary judgement, upheld after his Eleventh Circuit argument; and took over a Ford case, winning class decertification and defeating plaintiffs' US$350 million+ claims through trial and appeal.
Des has represented clients in over two dozen congressional investigations on health care, data security, pharma, consumer products, and public corruption issues.
Des loves pro bono. He received national press attention when the Norfolk 4–U.S. Navy sailors sentenced to life for crimes they did not commit–were exonerated and led win of a discrimination class action for 100+ black U.S. Secret Service special agents.
Des was a co-founder of our Diversity Committee, clerked for judge Wiley Daniel, and was valedictorian and the first summa cum laude graduate of Howard University School of Law.
Chambers USAClients note that “if I had to pick a single litigator to handle a bet-the-company case, it would be Des. He combines high intelligence with a real trial lawyer’s skill set.”
Representative experience
Won summary judgement on all claims in federal court in a nationwide case by physician groups bringing ERISA contract, and quasi-contract claims.
Won the Uber Data Breach MDL, successfully winning dismissal of motions to compel arbitration of every one of the MDL's underlying complaints.
Won the largest wrongful conviction judgment in U.S. history - a $75 million federal court jury verdict - for two brothers who spent a combined 62 years in prison for a crime they did not commit.
Won a purported class action on a motion to dismiss for Uber in a federal court in Miami claiming violations of Fair Credit Reporting Act, Florida consumer statutes, and negligence.
Team took over a major auto case, won class decertification, tried the case, handled the appeal, and defeated plaintiffs' large damages claims.
Recently defeated a motion for Temporary Restraining Order and secured the dismissal of a consumer class action on behalf of Blue Cross Blue Shield of Georgia.
Recently secured the dismissal of separate class actions against major food, health benefits, and technology companies at initial pleading.
Defeated class certification in the In Re WellPoint UCR MDL, and plaintiffs' US$1bn + damages claims.
Team has represented many clients in Congressional investigations by nearly a dozen House and Senate Committees.
Represented Anthem in its high-profile data breach MDL (100+ consolidated class actions) and in the related regulatory inquiries.
Argued against class certifications for dozens of joint defendants in a nationwide MDL class action, which was then dismissed after argument.
Led the effort in a nationwide healthcare class action, winning a threshold summary judgment ruling and the follow-on Eleventh Circuit Appeal.
Represented a major retailer and its top executives in a significant cyber security investigation.
Related case studies
This $75 million verdict wasn’t about the money
Credentials
- J.D., Howard University School of Law, summa cum laude
- B.A., Allegheny College
- District of Columbia
- U.S. Supreme Court
- U.S. Court of Appeals, District of Columbia Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of International Trade
- U.S. District Court, District of Colorado
- U.S. District Court, District of Columbia
- U.S. District Court, Eastern District of Wisconsin
- Member, Board of Directors, Lawyers' Committee for Civil Rights Under Law
- Member, Board of Directors, Council for Court Excellence
- Former Board Member, Mid-Atlantic Innocence Project
- Former Board Member and All-Star Coach, Capitol City Little League
- Former Board Member, My Sister's Place home for abused women and children