Asha L.I. Spencer

Asha helps clients manage their most complex cases, including preparing high-stakes matters for trial and serving as national coordinating and trial counsel in mass litigation. In 2018, Asha was named one of the 40 Illinois Attorneys Under Forty to Watch, with one client nominator describing her as "a brilliant legal strategist. She is the consummate professional and is extraordinarily passionate about client service. Her zealous preparedness has delivered incredible value to the company on multiple matters.” Another client nominator described Asha as “just superb,” citing her “strong combination of book smarts, common sense, good judgment, personality, and poise.”

For these reasons, clients have repeatedly entrusted Asha to represent them in some of their most important and sensitive litigation. Asha recently represented Monsanto and Bayer in a Roundup® products liability jury trial in the City of St. Louis, where she examined one of the inventors of the product at issue and was preparing to exam additional fact and expert witnesses (the case settled prior to verdict). She has been retained by Johnson & Johnson to try pelvic mesh cases and has cross-examined experts in a billion-dollar breach of contract arbitration and in a federal patent trial. Asha has prepared numerous other cases for trial in difficult jurisdictions, including developing and orchestrating the trial strategy for each case. Asha has served in this capacity for clients including Trinity Industries, Walgreens, and FedEx Ground, and in jurisdictions as varied as Dallas, City of St. Louis, Santa Fe, and New Hampshire, as well as in confidential arbitrations.

Asha graduated from The University of Chicago Law School in 2010 with High Honors. She was a member of the Law Review and the Order of the Coif, a Kirkland and Ellis Scholar (awarded to the top 5% of the class) and received the Edwin F. Mandel Award for exceptional contribution to the Law School's clinical program.

Representative Matters

Roundup® Litigation
Represents Monsanto and Bayer defending the Roundup® products liability litigation. Served as trial counsel in Evans v. Monsanto in City of St. Louis. 

Pelvic Mesh Product Liability Litigation
Trial counsel for Ethicon/Johnson & Johnson in defense of lawsuits alleging personal injuries caused by pelvic mesh medical devices. Designated trial counsel in multiple matters set for trial, both in state court and in federal court.

ET Plus Litigation
Serves as national coordinating and trial counsel for defendants, Trinity Industries and Trinity Highway Products, in litigation alleging personal injuries from Trinity's ET Plus guardrail end terminal system. Prepared numerous cases for trial in multiple jurisdictions, including overseeing expert discovery, preparing for the examination of multiple witnesses at trial, arguing case dispositive motions, and overseeing the strategy for all pre-trial filings, including motions in limine and motions to exclude expert testimony.

LoggerHead v. Sears (N.D. Ill.)
Represented LoggerHead against Sears and Apex in a lawsuit alleging patent infringement, trademark infringement, and several tort claims arising from Sears' sales of Craftsman Max Axess Locking Wrenches. Asha presented LoggerHead’s damages expert and cross-examined the defendants’ patent attorney (who defendants put on to defend against a claim of willful infringement). Asha’s examinations were successful. The jury returned a verdict of infringement for LoggerHead and awarded damages near the top end of the range Asha’s damages expert presented at trial. The jury also returned a finding of willful infringement in LoggerHead’s favor. In post-trial briefing, the court granted a new trial and later granted summary judgment in favor of Sears and Apex, which was affirmed on appeal. Click here (Law 360) and here (Crain's Chicago Business) to learn more about the case.

Bayer Pharma v. Watson Labs. & Lupin Ltd. (D. Del.)
Trial counsel for Bayer in Hatch-Waxman litigation against challengers seeking to market a generic version of the oral contraceptive Natazia®.  Complete trial victory for Bayer. Read more here.

Trading Technologies International, Inc. v. SunGard (N.D. Ill. and Fed. Cir.)
Trial counsel and appellate counsel for SunGard in patent infringement actions involving patents relating to electronic trading systems.  Won summary judgment of noninfringement.  Judgment affirmed on appeal. Click here for press report.

In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation (N.D. Ill.)
Defended Whirlpool in consumer class action against plaintiffs' claims of breach of implied warranty.  Responsible for briefing a motion to decertify the class and for preparing key expert witnesses for trial, including defending expert depositions.  Case settled before trial.  

Confidential Arbitration
Trial counsel in a five-week arbitration involving a multi-billion dollar infrastructure project.  Cross-examined respondents' damages expert.

Express Scripts v. Walgreen Co. (N.D. Ill. and American Arbitration Association 2011)
Defended Walgreens against a preliminary injunction motion filed by Express Scripts, seeking to shut down Walgreens' "I choose Walgreens" communications campaign.  Walgreens successfully moved to transfer the case from federal court to a AAA arbitration.  After a two-day evidentiary hearing, the arbitrator issued a ruling denying the parties' requests for preliminary injunctive relief.  After the ruling, Walgreens continued its "I choose Walgreens" campaign.  Prior to the hearing on the merits, the parties agreed to dismiss their respective claims.  No other action has been or will be taken by either party with respect to this case. Click here for press report.

YAZ®/Yasmin® Product Liability Litigation
Represented Bayer in nationwide product liability litigation alleging personal injuries caused by the oral contraceptives YAZ® and Yasmin®. MDL in the Southern District of Illinois and coordinated proceedings in California, New Jersey, and Pennsylvania.

• Reagh v. Bayer (Court of Common Pleas, Philadelphia County, Pennsylvania):  Represented Bayer in the second stroke case set for trial in coordinated proceedings in state court in Philadelphia.

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Neology v. Federal Signal Corporation (D. Del.)
Defended Federal Signal and 3M in patent infringement suits brought by Neology relating to various RFID technologies.  Neology sued Federal Signal and moved for a preliminary injunction.  We defeated Neology's motion for a preliminary injunction in a day-long evidentiary hearing (with witness testimony and oral argument on claim construction, invalidity, infringement, and irreparable harm). While district court case proceeded, Neology brought an action against Federal Signal and 3M in the International Trade Commission.  Both matters settled before trial.

Merck & Cie v. Watson Labs (D. Del.)
Trial counsel for Merck & Cie and its exclusive licensee Bayer in Hatch-Waxman litigation against challenger seeking to market generic versions of the oral contraceptives Beyaz® and Safyral®.  Argued and prevailed on a motion to dismiss.

E.I. du Pont de Nemours and Company v. Heraeus Materials Technology LLC (D. Del.)
Trial counsel for DuPont in patent infringement case relating to conductive pastes used in the manufacture of solar cells.

Lectrolarm v. Sensormatic Electronics Corporation (W.D. Tenn. and Fed. Cir.)
Trial and appellate counsel for Sensormatic in patent infringement case involving the design of electronic video surveillance equipment.  Secured summary judgment of invalidity.  Judgment affirmed on appeal.

In re Genetically Modified Rice Litigation (MDL, E.D. Mo.; Ark. Supreme Court)
Represented Bayer regarding appellate issues in nationwide litigation, including briefing in the Eighth Circuit and in the Arkansas Supreme Court.

Turner v. Rogers (U.S. Supreme Court)
Represented two law professors in connection with amicus brief at the merits stage.  Case involves whether a dead-beat dad who failed to pay child support had a right to an appointed lawyer before he was found in civil contempt.

Plumbers Local #65 Pension Fund v. Nicor Inc., et. al.
Defended Nicor in a set of shareholder class action suits challenging Nicor's proposed merger with AGL Resources. The case settled on favorable terms. Led the client through the court's fairness proceedings to secure court approval for the settlement agreement. 

Professional Activities and Community Service

Leadership Greater Chicago, 2017 Fellow

Chair, The University of Chicago 2016 Law Firm Challenge

Member, The University of Chicago Law School Council

Acknowledgements, Presentations, and Publications

Supporter Spotlight: Asha Spencer of Bartlit Beck LLP, Women’s Bar Association of Illinois, 2020