Unrivaled 2025: Beth Wilkinson of Wilkinson Stekloff

You represented the National Football League in In re: National Football League’s Sunday Ticket Antitrust Litigation over its Sunday Ticket broadcast model. After a jury awarded a verdict of more than $4.7 billion (see Bill Carmody Q&A), finding the league violated the Sherman Act, you and your team were able to win judgment as a matter of law. (Plaintiffs have appealed the decision to the US Court of Appeals for the Ninth Circuit.) Can you tell us about your trial, and post-trial, strategy?

We felt strongly about presenting a clear, affirmative narrative about the NFL’s broadcasting system. But at trial, it was also important to neutralize plaintiffs’ expert witnesses. Our cross-examination strategy focused on revealing the weaknesses in their economic analysis, specifically aiming to highlight the many practical problems and nonsensical results their models created.

It was clear throughout trial we were at least gaining traction with the judge, as he repeatedly expressed skepticism about the merits of plaintiffs’ claims. For example, he said he “didn’t think much” of their experts, characterized their testimony as “gobbledygook,” and commented in open court that he “regret[ted] not granting the Daubert motions” before trial.

Given all that, and our confidence in our case, the verdict was definitely a surprise. Our post-trial strategy focused on buttressing the judge’s reactions to plaintiffs’ case at trial. We knew the judge was skeptical of their experts, so our briefing highlighted the flaws he already recognized, along with the fact that the jury clearly shared his skepticism in rejecting plaintiffs’ models and coming up with their own theory of the case. We were thrilled that our strategy paid off and we were able to deliver a fantastic result to our client.

Can you describe a major hurdle that happened during the course of this trial? How did you overcome it?

It would be hard for anything to top the jury’s verdict, which was both surprising and disappointing. But we did not give up. On the walk back from the courthouse, we were already thinking through our post-trial strategy. We very quickly figured out how the jurors had calculated damages, which revealed that they had come up with their own methodology. That methodology ignored the court’s instructions and did not make much sense, which struck us as a good anchor for post-trial briefing. Working on an expedited schedule, we filed renewed Daubert motions and a motion for judgment as a matter of law, relying on the excellent record we made during trial, trying to really focus on the key issues that we thought mattered. Ultimately the court granted defendants’ Daubert motion and judgment as a matter law, crediting our cross-examinations of their economists, and vacated the jury’s verdict and damages award.

When did you first know you wanted to be a trial lawyer? What clicked for you?

I grew up watching Perry Mason and have wanted to be a trial lawyer ever since. I saw his determination to fight for his clients as fiercely as possible no matter what—but always the right way. That approach seemed like it would be challenging at times but also make victory all the more rewarding. The courtroom dramatizations were of course entertaining, though departing somewhat from real-world legal practice. But he was a storyteller through and through, which is the hallmark of a great trial lawyer. Building compelling and digestible narratives is a cornerstone of my practice, and the first thing we preach to our young attorneys as they build a case for a trial.

What are the major keys to winning over a jury or a judge?

Keep it simple. The secret isn’t in showing the judge or the jury how much you know; it’s in distilling for them what they need to know. This doesn’t mean “dumb it down,” but instead focusing on easily digestible themes for the fact finder to return to as they make their decision.

What is the best advice you give young trial lawyers?

“Stand up. Seize any opportunity to hone your skills and showcase your abilities. Speak up in team meetings. Seek out assignments requiring presentation to partners or clients. And take every opportunity to get up on your feet in a courtroom.”