Litigation Daily | Expert Perspectives On The Biggest Cases

Lehman Ordered to Pay $2.4B to Close Out Mortgage-Backed Claims

Colby Hamilton | March 09, 2018

What's left of the former investment bank Lehman Brothers will be responsible for $2.38 billion in compensation to hedge funds and institutional investors who were hurt by the bank's actions leading up to the financial crisis a decade ago.

2 minute read

Sister of Financier Benjamin Wey Also Has SEC Charges Dropped

Colby Hamilton | March 08, 2018

In a letter to U.S. District Judge Kevin Castel, the SEC said it was dismissing its case against Tianyi Wei, without explaining its reasoning.

2 minute read

Rakoff Sends Uber Suit to Arbitration, but First Sounds Off on Why the Law Is Wrong

Jason Grant | March 08, 2018

Manhattan Federal Judge Jed Rakoff fiercely criticized the U.S. Court of Appeals for the Second Circuit, and the federal judiciary as a whole, for repeatedly upholding U.S. companies' use of mandatory arbitration clauses that consumers sign on to via internet-based customer agreements that appear on screens.

7 minute read

Michael Cohen's $130K Payment to Stormy Daniels: What's Next at the FEC

C. Ryan Barber | March 08, 2018

Trump Organization lawyer Michael Cohen's $130,000 payment to adult actress Stephanie Clifford—Stormy Daniels on stage—is the subject of a complaint at the FEC. Here's what to know about the review process.

6 minute read

Baker McKenzie Nabs 5 Hogan Lovells Partners, Launches Los Angeles Office

Xiumei Dong | March 08, 2018

Nearly 25 years after leaving Los Angeles, Baker McKenzie has returned to the market as part of a move to hire five lawyers from Hogan Lovells in California.

3 minute read

How NFL, 9/11 Settlements Could Complicate Emerging Law on Litigation Funding

Max Mitchell | March 08, 2018

A clear line of case law is emerging that holds litigation funding agreements are generally not subject to state usury restrictions, but a pair of high-profile cases—one that arose out of the $1 billion NFL concussion settlement and the other linked to a fund for 9/11 victims—may complicate matters.

7 minute read

For Lawyers, the Cease and Desist Letter Is the New Press Release

Wayne Pollock | March 08, 2018

For the longest time, the life of a lawyer's cease and desist letter was an unpleasant one. For one, the letter was typically written too quickly to allow for important considerations such as, oh, readability and persuasion.

8 minute read

Collector Spent $18 Million On Counterfeit Vintage Wine. His Insurance Policy Didn't Cover The Fraud.

Steven A. Meyerowitz, Esq., Director, FC&S Legal | March 08, 2018

The Fourth District Court of Appeal has ruled that a vintage wine collector's insurer didn't have to cover the loss suffered when he purchased close to $18 million in counterfeit wine.

4 minute read

Federal Court Delivers Massive Blow to Big Tobacco on Yearslong Challenge

Samantha Joseph | March 08, 2018

The 45-page ruling was a study in litigation nuances arising from the Engle class action.

5 minute read

EEOC Takes 'Zarda' LGBT Win on the Road to Another US Appeals Court

Erin Mulvaney | March 08, 2018

The U.S. Equal Employment Opportunity Commission on Thursday renewed its push for sexual orientation workplace protections, urging a federal appeals court to embrace rulings that expanded anti-discrimination safeguards for LGBT employees.

4 minute read

Lessons for Big Law Spinoffs (We've Seen This Before)

Scott Flaherty | March 08, 2018

Lawyers who recently left Big Law to found their own specialty firms say they aim to break the mold. Others started the same way...

8 minute read

Jeff Had Issues: An Akin Gump Lawyer Breaks Bad—and There's No Satisfying Explanation

Jenna Greene | March 08, 2018

Jeffrey Wertkin was sentenced on Wednesday to 30 months in prison, but the question remains: Why did someone so smart do something that even his lawyer called “stupid, stupid"?

6 minute read

Ex-Akin/DOJ Lawyer Gets 2.5 Years in Prison for Lifting Sealed Whistleblower Lawsuits

Ross Todd | March 07, 2018

Wertkin said he was "very ashamed" of his actions and apologized to his former DOJ colleagues.

3 minute read

Mayer Brown Partner Resigns Amid Sexual Misconduct Allegations

Meghan Tribe | March 07, 2018

James Tanenbaum, who joined Mayer Brown's New York office last week, has resigned from the firm following reports that he was allegedly dismissed from Morrison & Foerster in connection with allegations of sexual misconduct.

3 minute read

Quinn Emanuel, BlackBerry Take On Facebook Over Messaging

Scott Graham | March 07, 2018

BlackBerry Ltd., which no longer makes its own mobile phones, still holds a trove of mobile technology patents, and on Tuesday it unleashed them against the CrackBerry of the current decade: Facebook, Instagram and WhatsApp.

3 minute read

Key Moments From Civil Division Nominee Jody Hunt's Senate Hearing

Cogan Schneier | March 07, 2018

Hunt, a career DOJ attorney who served as U.S. Attorney General Jeff Sessions' chief of staff last year, was asked by lawmakers about the special counsel's Russia investigation, the AG's almost-resignation, the firing of U.S. attorneys last year and more.

7 minute read

Gorsuch and Kennedy Click in Online Sales Tax Case

Marcia Coyle | March 07, 2018

In April, the two justices likely will align in the multibillion-dollar battle over state taxation of online retail sales.

5 minute read

Jury Selection in White-Collar Cases: Challenges and Strategies

Ellen Brickman | March 07, 2018

Trying a white-collar case carries unique challenges, and they begin with selecting a jury. Even now, almost a decade after the financial crisis that affected so much of the American population, many jurors view financial institutions and those who work at them with a certain degree of anger and suspicion.

8 minute read

When a #MeToo Story Merits a Lawsuit

Katheryn Tucker | March 07, 2018

Atlanta trial lawyer and legal commentator B.J. Bernstein has produced a 30-minute podcast about the challenges of turning #MeToo disclosures into lawsuits.

3 minute read

Justice Elena Kagan Recalls Her 'Knucklehead' Days Clerking for Thurgood Marshall

Tony Mauro | March 07, 2018

Speaking at an event marking the 50th anniversary of Marshall's ascension to the high court, now-Justice Elena Kagan and three other former Marshall clerks offered recollections of their year with the legal legend.

4 minute read

US Sues California Over Immigration Laws

Cogan Schneier | March 06, 2018

The lawsuit alleges certain provisions in three recently-passed California laws violate the Constitution's supremacy clause.

5 minute read

Expert Opinion

Special Master Delays High-Stakes Report on $75M Class Action Fee Request

Amanda Bronstad | March 06, 2018

A special master looking into potential overbilling in a $75 million attorney fee request has delayed the findings of a report he said could have “serious and far-reaching adverse ramifications” for plaintiffs firms in the case and “for the practice of the plaintiffs' class action bar.”

4 minute read

Meet the California Whistleblower Lawyer Helping Cities Sue Wells Fargo

C. Ryan Barber | March 06, 2018

Public-private litigation partnerships are "becoming more and more customary when it comes to claims that require a speciality that the counties or the cities don't have, necessarily. It seems like it's kind of a growing area,” San Francisco-based whistleblower lawyer Yosef Peretz says.

5 minute read

Top In-House Tech Lawyers Explain Why They Are Taking the FCC to Court on Net Neutrality

Caroline Spiezio | March 06, 2018

Top lawyers at Expa, Shutterstock and Automattic told Corporate Counsel why their companies are challenging the FCC.

5 minute read

List of Defendants May Grow Much Longer, Says Lawyer for Parkland School Shooting Victim

Samantha Joseph | March 06, 2018

"We're looking at everybody now. This is only the beginning,” said attorney Alex Arreaza, who represents a student shot five times during the Parkland school shooting.

4 minute read

Ex-Big Law Associate Sues ESPN Over Sexual Harassment

Robert Storace | March 06, 2018

Former ESPN sports anchor and legal analyst Adrienne Lawrence, who once worked at a trio of Am Law 100 firms, has sued the network, claiming ongoing sexual abuse, specifically by current sports anchor John Buccigross.

4 minute read

LSAT-Maker Held In Contempt Over Disability Accommodations

Karen Sloan | March 06, 2018

Requests for accommodations on the Law School Admission Test have skyrocketed since the government required the exam's administrator to ease the process of gaining them, but a federal judge has ruled that the Law School Admission Council is still falling short when it comes to accommodating disabled test takers.

7 minute read

Kellyanne Conway Should be Disciplined for Ethics Violation, US Agency Tells Trump

C. Ryan Barber | Cogan Schneier | March 06, 2018

Kellyanne Conway, a top adviser to President Donald Trump, should face disciplinary action for using television appearances to promote the Republican candidate in Alabama's special U.S. Senate election last year, the U.S. Office of Special Counsel said in a report to the White House on Tuesday.

5 minute read

Letter to the Editor

Letter to the Editor: When Litigants Need to Rebut Defamatory Statements

Jenna Greene | March 06, 2018

Sometimes First Amendment rights to rebut and set the record straight need to be exercised by parties in litigation before a verdict in order to effectively defend reputation on a timely basis.

2 minute read

Daily Dicta: A Parting Gift from Heller Ehrman

Jenna Greene | March 06, 2018

Heller Ehrman White & McAuliffe is no more--but the firm will be remembered in part for an important California Supreme Court decision on the property interest of dissolved law firms.

6 minute read

Shout-Out: Skadden Succeeds, Times Two

Jenna Greene | March 06, 2018

Skadden litigators scored a pair of wins last week.

2 minute read

Katyal Begins Defense of New Pa. Congressional Map in Redistricting Fight Before SCOTUS

Max Mitchell | March 05, 2018

Neal Katyal has joined Gov. Tom Wolf's efforts to defend Pennsylvania's recently re-drawn congressional districts before the U.S. Supreme Court.

4 minute read

Battles Over Jewish Religious Enclosures Test Towns Along NJ/NY Border

Colby Hamilton | March 05, 2018

Recent settlements with two of three New Jersey border towns sued over their attempts to block the enclosures known as eruvs have settled, even as a town across the border in New York recently announced similar considerations.

10 minute read

Pa. Sues Uber Over Delayed Data Breach Disclosure

Max Mitchell | March 05, 2018

Ride-sharing giant Uber violated Pennsylvania's consumer protection law when it failed to promptly disclose that a data breach occurred in late 2016, and that mistake should cost the company at least $13.5 million, state Attorney General Josh Shapiro has claimed in a newly filed lawsuit.

4 minute read

Expert Opinion

Legal-Mal Experts Weigh In on Alston & Bird Trial Strategy, Outcome

Greg Land | March 05, 2018

Lawyers following the trial talk about their perspectives on what the case means—and the open questions that remain.

6 minute read

Cohen Milstein's Opioid Contract for N.H. Withstands Supreme Court Challenge

Marcia Coyle | March 05, 2018

Lisa Blatt of Arnold & Porter, representing Endo pharma, argued New Hampshire was barred from outsourcing public claims "to private contingency-fee lawyers who have a substantial personal financial stake in the outcome." The Supreme Court turned down the petition without comment. New Hampshire's Cohen Milstein retainer agreement transferred to Motley Rice last year after the departure of Linda Singer.

4 minute read

'Unfinished Business' Claims Zapped by California Supreme Court in Heller Case

Ross Todd | March 05, 2018

In a closely watched law firm bankruptcy case, the court on Monday held that dissolving firms don't have a property interest in unfinished hourly fee matters that departing partners take with them to new firms.

5 minute read

Shkreli Ordered to Forfeit More Than $7.3M for Securities Fraud

Andrew Denney | March 05, 2018

Former pharmaceutical executive Martin Shkreli, convicted last year of two counts of securities fraud and a related conspiracy charge and awaiting sentencing, has been ordered to forfeit more than $7.3 million in assets.

4 minute read

Miami Jury Returns $17.5 Million Verdict Against RJ Reynolds, Philip Morris

Samantha Joseph | March 05, 2018

"These cases ... have a bigger meaning than just moving money from one side of the room to the other," said plaintiffs' co-counsel Stuart Ratzan.

5 minute read

Civil War on the Plaintiffs Side as Robbins Geller Attacks Firms Seeking Dubious Fees

Jenna Greene | March 05, 2018

Lawyers from plaintiffs powerhouse Robbins Geller Rudman & Dowd called out “a cadre of firms responsible for a dramatic explosion of federal deal litigation,” and urged a federal judge in San Francisco to reject a fee request by fellow plaintiffs' counsel.

6 minute read

Texas Supreme Court Gives Big Boost To Trial Lawyers' Use Of Video In Decision That Jeopardizes $10 Million Verdict

Steven A. Meyerowitz, Esq., Director, FC&S Legal | March 05, 2018

This story is reprinted with permission from FC&S Legal, the industry's only comprehensive digital resource designed for insurance coverage law…

9 minute read

Coinbase Hit With Class Action Claiming Insiders Benefited From 'Bitcoin Cash' Launch

Ben Hancock | March 02, 2018

The company is accused of tipping off employees to the launch of trading in Bitcoin Cash on its exchange, allowing regular investors to be ripped off.

3 minute read

Justice Department, With Regret, Backs $380M 'Cy Pres' Settlement at Supreme Court

Marcia Coyle | March 02, 2018

The U.S. Justice Department tells the Supreme Court it doesn't need any guidance about "cy pres" settlements—not after U.S. Attorney General Jeff Sessions last year adopted a new policy that would preclude such provisions in future deals.

8 minute read

Jury Selection Begins Monday in Murder Trial of Former Fisher & Phillips Partner

R. Robin McDonald | March 02, 2018

Attorney Claud "Tex" McIver and his lawyers say the 2016 shooting death of his wife Diane McIver was a tragic accident. Prosecutors are adamant that it was a case of malice murder.

8 minute read

DOJ's Rod Rosenstein: 'You Definitely Won't Hear This on Cable TV'

Mike Scarcella | March 02, 2018

Rod Rosenstein, the deputy U.S. attorney general, spoke Friday at the 32nd Annual ABA National Institute on White Collar Crime.

3 minute read

Arbitration Bid Blocked in Suit Saying Morgan Stanley Wrongfully Terminated Recovering Addict

Charles Toutant | March 02, 2018

A federal judge in Trenton, New Jersey, has denied Morgan Stanley's motion to compel arbitration of a wrongful termination suit, finding room for debate over whether the company's email delivery of the mandatory arbitration policy to employees constitutes notice and assent.

4 minute read

Urged by Law School Deans, Federal Judges Revamp Clerk Hiring

Tony Mauro | March 02, 2018

The new plan mirrors a policy that collapsed in 2013 when fiercely competitive individual judges ignored the rules.

5 minute read

Quinn Emanuel's John Quinn Has Another Starring Role: General Counsel of the Academy

Caroline Spiezio | March 02, 2018

Quinn spoke to Corporate Counsel about activism and the Oscars, last year's Best Picture mix-up and whether he's ever gotten starstruck on the red carpet.

8 minute read

Litigator of the Week: Copyright from Coast-to-Coast

Ross Todd | March 02, 2018

Dale Cendali of Kirkland & Ellis won rulings this week in copyright cases for Fox News and Nike—before the Second Circuit and Ninth Circuit respectively.

5 minute read

Traders Tried to Launder Stock Fraud Funds With Picasso Purchase, Feds Say

Colby Hamilton | March 02, 2018

According to federal officials, the Picasso work was meant to help launder some $9 million worth of illicit funds.

3 minute read

MDL Sought for Bitcoin Cases Dismissed Under SCOTUS Decision

Amanda Bronstad | March 01, 2018

Plaintiffs firm Edelson PC has asked a federal judicial panel to consolidate class actions brought over the 2014 collapse of the bitcoin exchange Mt. Gox after a federal judge last year dismantled its case under the U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California.

5 minute read

Hip-Implant Defect Case Pre-empted After Third Circuit Defines 'Device'

Max Mitchell | March 01, 2018

A hip-implant device with component parts that were subject to different regulatory classifications should be pre-empted by federal law, the U.S. Court of Appeals for the Third Circuit has ruled in an issue of apparent first impression.

4 minute read

Chief Judge, 'Dumbfounded' at Math Error, Takes Back Request for Bench Expansion

Katheryn Tucker | March 01, 2018

“This is what happened,” Cobb County Clerk of Superior Court Rebecca Keaton said Thursday. “By a fluke, we discovered that the numbers are off by maybe a third—inflated by 30 percent.”

4 minute read

In Brief

'Trial-by-Combat' Attorney Set for Release on $1.5M Bond

Andrew Denney | March 01, 2018

Richard Luthmann, a Staten Island lawyer who once grabbed headlines by challenging another attorney to "trial by combat" and who has been in jail since December as he awaits trial on kidnapping and other charges, could be released as early as next week on a $1.5 million bond.

2 minute read

Ex-Big Law Partner Ditches Courtroom for Cat Care

Meghan Tribe | March 01, 2018

Some former large-firm partners open up their own businesses or solo practices. For ex-Goodwin Procter partner Mary Dulka, her future is in rescuing animals.

5 minute read

Prosecutors Seek Stiff Sentence for Ex-Akin Lawyer Accused of Lifting 40 Whistleblower Suits

Scott Flaherty | March 01, 2018

If prosecutors have their way, ex-Akin and Justice Department lawyer Jeffrey Wertkin could spend nearly three years behind bars after plotting to sell sealed False Claims Act lawsuits.

5 minute read

No, Justice Ginsburg and Former US Solicitors Are Not Advising This Crypto Company

Marcia Coyle | March 01, 2018

"I am not into cryptocurrency—I generally try to avoid things that start with crypto," Paul Clement says. The Texas State Securities Board, in a cease-and-desist order, said a crypto company was promoting—wrongly—that RBG and a group of former U.S. solicitors were advising the outfit.

5 minute read

In Depth with Selendy and Gay on Their New Firm—and Leaving Quinn Emanuel

Jenna Greene | March 01, 2018

Star litigators Philippe Selendy and Faith Gay open up about their new firm and what it means to 're-imagine the law firm from the ground up.'

14 minute read

To Sheppard Mullin Litigators Appearing in Oscar-Nominated Film, Telling 'Great Story' Is a Win

Jason Grant | February 28, 2018

New York-based partner Robert Friedman and associate Sarah Aberg, along with former partner Kevin Puvalowski, all appeared in last year's riveting documentary, "Abacus: Small Enough to Jail."

3 minute read

In-House Counsel Poll Finds a Quarter Have Used Litigation Finance—Mainly in Tech

Ben Hancock | February 28, 2018

The survey also showed that corporate legal departments often drive the decision to use third-party funders, but that many in-house lawyers have ethical reservations.

2 minute read

Alston & Bird Malpractice Verdict May Exceed $1.4M

Greg Land | February 28, 2018

Each side's lawyers disagree about how much the award should be reduced under apportionment law.

2 minute read

Study Sees More Agency Court Challenges Over Proposed Mergers

Sue Reisinger | February 28, 2018

It looks as though general counsel and legal departments may be a little more willing to litigate over blocked mergers than they have been in the past.

3 minute read

Mick Mulvaney Tells State AGs the CFPB Won't 'Get in Your Way'

C. Ryan Barber | February 28, 2018

"If we think it's a good case, we'll bring it. If not, we're happy to get out of the way and let you all do it by yourselves," Mick Mulvaney, the acting Consumer Financial Protection Bureau director, told state attorneys general Wednesday in Washington.

4 minute read

Daily Dicta: Who Needs a Courtroom if You've Got a Podcast?

Jenna Greene | February 28, 2018

There's litigating in the court of public opinion—and then wow. There's this case.

7 minute read

3rd Circ. OKs Litigation Funding Agreement in Legal Mal Suit Against Reed Smith

Zack Needles | February 28, 2018

Finding that the arrangement did not run afoul of New York usury laws, the Third Circuit has ruled that a litigation funder is entitled to a chunk of the proceeds from a plaintiff's settlement of a legal malpractice lawsuit against Reed Smith.

5 minute read

Yahoo Brings on Gibson Dunn as Co-Counsel in Data Breach MDL

Ross Todd | February 28, 2018

Gibson Dunn partners Theodore J. Boutrous Jr., Joshua A. Jessen, Michael Li-Ming Wong and Rachel S. Brass all entered appearances for Yahoo Tuesday.

2 minute read

How Skadden's Michael Scudder Got Trump's Nod for Seventh Circuit Seat

Mike Scarcella | February 28, 2018

Three things to know from Skadden partner Michael Scudder's U.S. Senate questionnaire.

6 minute read

Judge Nixes SeaWorld's Bid for Sanctions Against Covington & Burling in Killer Whale Case

Katheryn Tucker | February 27, 2018

On Tuesday, U.S. District Judge Jeffrey White of the Northern District of California denied SeaWorld's motion for sanctions against Covington & Burling.

3 minute read

Sessions Says DOJ to Backstop States' Efforts to Hold Big Pharma Liable in Opioid Crisis

Max Mitchell | February 27, 2018

Sessions outlined plans to create a new litigation-oriented task force within the Department of Justice to pursue claims against opioid manufacturers and distributors.

3 minute read

Justices' Heads Were in the Cloud at Microsoft Email Arguments

Marcia Coyle | February 27, 2018

"I think the starting point all would agree, in what was it, 1986, no one ever heard of clouds," Justice Ruth Bader Ginsburg said to the DOJ's Michael Dreeben on Tuesday in the data-privacy case United States v. Microsoft.

5 minute read

Ninth Circuit Sides With Nike in Spat With Photographer Over Jordan Logo

Ross Todd | February 27, 2018

The Ninth Circuit on Tuesday upheld a lower court that dismissed a copyright infringement case brought against Nike by a photographer who accused the company of ripping off his photograph of Michael Jordan when creating the "Jumpman" logo.

3 minute read

Fair Use Battle Over Fox News Segments Fails on Appeal at Second Circuit

Colby Hamilton | February 27, 2018

The recording service TVEyes argued that its recording and archiving of searchable Fox News programming represented a fair use of the cable news company's content. The U.S. Court of Appeals for the Second Circuit disagreed.

5 minute read

'With Respect,' Justice Breyer Blasts Immigration Ruling in Rare Oral Dissent

Tony Mauro | February 27, 2018

Reading from his 33-page written dissent, Justice Stephen Breyer signaled alarm with the majority's holding that asylum seekers and other arriving aliens can be detained indefinitely without bond hearings. He called the DOJ's position that the immigrants aren't technically on U.S. soil a “legal fiction.”

4 minute read

Ninth Circuit Routes 'Unfinished Business' Question in Howrey Bankruptcy to DC Court of Appeals

Ross Todd | February 27, 2018

The Ninth Circuit asked if partners who leave a dissolving firm have a duty to account for profits earned post-departure on matters subject to hourly billing under D.C. law.

2 minute read

Jeff Sessions on 2nd Circuit's LGBT Ruling: Judges Must Have 'Read the New York Times'

Cogan Schneier | February 27, 2018

Sessions criticized the Second Circuit's decision Monday that employment discrimination against LGBT people is illegal.

3 minute read

Facebook Loses Bid to Get Biometrics Suit Tossed on 'Spokeo' Grounds

Ben Hancock | February 26, 2018

A federal judge in San Francisco has denied Facebook's bid to have a set of privacy class actions brought over its "tag suggestions" feature thrown out.

2 minute read

Fraud Trial of Former Autonomy CFO Kicks Off With Competing 'Cadillac' Metaphors

Ross Todd | February 26, 2018

The federal criminal trial of former Autonomy CFO Sushovan Hussain will undoubtedly be heavy on accounting jargon and financial details as it unwinds over the next couple of months in District Judge Charles Breyer's courtroom.

3 minute read

GKC Founders, Burford Execs Launch Plaintiff-Side Litigation Firm

Roy Strom | February 26, 2018

A year after selling Gerchen Keller Capital for $160 million, the Gerchen-Keller-Lenkner trio of serial entrepreneurs has launched a new litigation boutique that is already hiring.

5 minute read

FTC's Power to Regulate Mobile Phone Industry Gets a Boost

C. Ryan Barber | February 26, 2018

"New technologies have spawned new regulatory challenges. A phone company is no longer just a phone company," Ninth Circuit Judge M. Margaret McKeown wrote Monday for the unanimous en banc panel.

5 minute read

Latham Adds Alston & Bird Litigator to Booming ITC Practice

Scott Graham | February 26, 2018

Jamie Underwood is the second addition to Latham's ITC practice in the last six months.

4 minute read

What Makes Chief Justice Roberts Lose His Cool

Tony Mauro | February 26, 2018

Listen to the exchange that made the Supreme Court's even-tempered chief justice flare up during oral argument.

4 minute read

No Tribal Immunity for Administrative Patent Challenges, PTAB Rules in Allergan Case

Scott Graham | February 23, 2018

The decision ends—for now—a controversy that erupted last summer when Allergan paid the Saint Regis Mohawk Tribe to assume its Restasis patents in a creative legal strategy to fend off challengers.

4 minute read

Investor's Suit for Palantir Corporate Records Exposes Deep Fissure in Silicon Valley Alliance

Tom McParland | February 23, 2018

A state court in Delaware has ordered Palantir to turn over corporate records to a company run by Marc Abramowitz, in an unusual court battle that highlights the growing animosity between the reticent Silicon Valley firm and one of its biggest early investors.

4 minute read

Schwab Plaintiffs See Libor Suit Revived by Second Circuit

Colby Hamilton | February 23, 2018

The Second Circuit revived claims made by an umbrella group of Charles Schwab subsidiaries against the banks alleged to have manipulated the benchmark London Interbank Offered Rate to their advantage in the wake of the global financial crisis.

4 minute read

Skilled in the Art: These Firms Know What It Takes To Try Competitor Patent Cases

Scott Graham | February 23, 2018

Every big IP practice aspires to handle competitor cases. We checked in with the lawyers who lead the pack.

8 minute read

Kentucky Governor Countersues Residents Challenging State's New Medicaid Work Rules

Kristen Rasmussen | February 23, 2018

Kentucky Gov. Matt Bevin has countersued in federal court in Frankfort, Kentucky, 16 of his residents who are challenging in Washington, D.C., federal court the state's newly approved Medicaid work requirements.

4 minute read

Litigator of the Week: Roaring Back From the Largest-Ever Patent Verdict

Tom McParland | February 22, 2018

In late 2016, Gilead Sciences Inc. and a Fish & Richardson trial team led by Jonathan Singer were hit with a $2.5 billion jury verdict, the largest ever recorded in a U.S. patent infringement case. Here's how they turned the tables on Merck.

5 minute read

Grand Jury Returns New 32-Count Indictment Against Manafort, Gates

Cogan Schneier | February 22, 2018

The superseding indictment came from a grand jury in Alexandria, Virginia, separate from the Washington, D.C., grand jury that indicted the two men in Washington, D.C., last year.

4 minute read

6th Circuit Upholds Verdict for In-House Lawyer Denied Telework in Pregnancy Bed Rest

Kristen Rasmussen | February 22, 2018

The U.S. Court of Appeals for the Sixth Circuit on Wednesday upheld a $92,000 verdict for an in-house lawyer at a public utility in Memphis, Tennessee, whose request to work from home for 10 weeks while on bed rest due to pregnancy complications was denied.

5 minute read

Trump Picks Judges 'He Can Relate To,' McGahn Tells CPAC

Cogan Schneier | February 22, 2018

McGahn spoke at the Conservative Political Action Conference on Thursday.

2 minute read

Defense Questioning Sparks Fireworks at Alston & Bird Legal Malpractice Trial

Greg Land | February 22, 2018

A co-manager of the plaintiff, a family-owned company, erupted when lead defense lawyer Richard Robbins asked about his litigious relations with other members of his family.

6 minute read

With Some Very Busy Thumbs, Munger Tolles' Martin Estrada Manages His Day

Leigh Jones | February 22, 2018

The father of two boys says the key to making life run smoothly is lots of communication throughout the workday with his wife, Kerry O'Neill, an assistant U.S. attorney.

8 minute read

Global Injunctions Are 'Disturbing', DOJ Tells Justices in New Travel-Ban Brief

Marcia Coyle | February 22, 2018

The Justice Department argues in the Supreme Court: "The president's proclamation and the executive orders that preceded it reflect a disturbing recent trend. Lower courts increasingly grant categorical injunctive relief barring enforcement of federal policies everywhere at the behest of individual litigants."

5 minute read

Ruling Opening Door to RICO Claims Against GM Could Drive Other Emissions Cases

Amanda Bronstad | February 21, 2018

A federal judge has refused to dismiss racketeering claims in a case over GM's diesel trucks, potentially bolstering cases against other automakers that, like Volkswagen, have been accused of cheating emissions tests.

4 minute read

Ogletree Deakins and LA-Based Partner Hit With Sex Harassment Suit

Ross Todd | February 21, 2018

The new lawsuit claims the firm did nothing about the plaintiff's internal complaints about unwanted come-ons and sexually explicit talk from a Los Angeles-based partner.

4 minute read

25 Years In, Litigation Boutique Bartlit Beck Has New Leadership

Scott Flaherty | February 21, 2018

Jason Peltz, who has spent most of his career as a litigator with Bartlit Beck, has become the firm's new managing partner. Longtime firm leader and former managing partner Skip Herman has assumed the role of chairman.

6 minute read

Boies-Led Coalition Challenges “Winner-Take-All” Method of Electoral College

Ross Todd | February 21, 2018

The lawsuits—filed in two Democratic-leaning states and two traditionally Republican states—claim the winner-take-all system violates the constitutional rights to free association, political expression and equal protection.

2 minute read

Five Ways Litigation Funders Help Companies Fight Back Against Bad Actors

David J. Kerstein | February 21, 2018

Litigation funders are emerging as vital partners for companies, with the resources they provide affording funded parties significant leverage in commercial disputes.

6 minute read

Unanimous Supreme Court Rules Against Terror Victims in Iran Case

Tony Mauro | February 21, 2018

The ruling put an end to a long-running effort by victims of a 1997 suicide bombing attack in Jerusalem to collect a default judgment against Iran by seizing Persian artifacts housed by the University of Chicago and Chicago's Field Museum of Natural History.

3 minute read

Justices Embrace Narrow View of Dodd-Frank Whistleblower Protections

Tony Mauro | Marcia Coyle | February 21, 2018

The U.S. Supreme Court on Wednesday narrowed the scope of whistleblower protection under the Dodd-Frank Act, ruling unanimously that employees must first report alleged securities violations to the U.S. Securities and Exchange Commission.

5 minute read

DOJ Urges Judge to Reject $10.8M Class Action Settlement as Unfair

Cogan Schneier | February 21, 2018

Associate Attorney General Rachel Brand hinted last week that DOJ may become more involved in reviewing settlements.

4 minute read

Video: Tony Mauro's Conversation With Gabe Roth of 'Fix the Court'

Mike Scarcella | February 20, 2018

NLJ Supreme Court correspondent Tony Mauro sits down with Gabe Roth of the transparency advocate Fix the Court for a conversation about a new project focusing on financial disclosure reports.

2 minute read

Chhabria, Striking Down IMDb Age Law, Calls Out Hollywood for 'Objectifying Women'

Ben Hancock | February 20, 2018

U.S. District Judge Vince Chhabria of the Northern District of California wrote the law is a "direct restriction" on factual speech.

3 minute read

Russia Case: Read Ex-Skadden Associate's Plea Agreement, Statement of Offense

Mike Scarcella | February 20, 2018

Special Counsel Robert Mueller's team just filed the plea agreement and statement of offense in the case against former Skadden associate Alex van der Zwaan, accused of lying to investigators.

2 minute read

Stark Wipes Out $2.5 Billion Verdict in Hep C Drug Patent Case

Tom McParland | February 20, 2018

A Delaware federal judge on Feb. 16 overturned a massive $2.5 billion jury verdict against Gilead Sciences Inc., finding that a patent held by a unit of Merck & Co. Inc. was too broad to be valid.

4 minute read

Judge in AT&T Merger Case Shuts Down Bid for Trump-DOJ Communication

C. Ryan Barber | February 20, 2018

“[AT&T and Time Warner] have fallen far short of establishing that this enforcement action was selective—that is, that there 'exist persons similarly situated who have not been prosecuted,'” U.S. District Senior Judge Richard Leon said in a ruling Tuesday.

4 minute read

Clarence Thomas, in Dissent, Asserts Gun Rights Aren't 'Favored' at High Court

Marcia Coyle | February 20, 2018

Justice Clarence Thomas, in a blistering dissent Tuesday, accused the U.S. Supreme Court of making the right to keep and bear arms "a constitutional orphan." The court turned down a challenge to California's waiting period for guns.

4 minute read

California's Gun Waiting Period Survives SCOTUS Challenge

Marcia Coyle | February 20, 2018

Justice Clarence Thomas, in a blistering dissent Tuesday, accused the U.S. Supreme Court of making the right to keep and bear arms "a constitutional orphan." The court turned down a challenge to California's waiting period for guns.

4 minute read

Daily Dicta: Stick a Fork in it, This Case Is Done

Jenna Greene | February 20, 2018

Restaurants and trade groups are lawyering up to defend an antitrust suit in the Northern District of California that takes issue with policies that eliminate tipping and include gratuity in the price of the food.

9 minute read

Trump's CNN Beef Isn't a 'Get Out of Jail Free Card' for AT&T, DOJ Tells Judge

Cogan Schneier | February 16, 2018

"Look, the president is unhappy with CNN. We don't dispute that. But AT&T wants to turn that into a get out of jail free card," a U.S. Justice Department lawyer told a Washington judge Friday in court.

4 minute read

Ruling Sets Stage for $21 Million Cadwalader Malpractice Trial

Christine Simmons | February 16, 2018

Trial in a long-running case against Cadwalader, Wickersham & Taft could feature testimony from the owner of the Washington Redskins and M&A dealmaker Dennis Block.

5 minute read

Quick Takes

Former Gibson Dunn Partner Hanna Gets Trump's Nod for LA US Attorney Slot

Ross Todd | February 16, 2018

President Donald Trump has nominated Nicola Hanna to head the Los Angeles U.S. Attorney's Office, the nation's second-largest federal prosecutor's office behind only Washington, D.C.

2 minute read

Quinn Unloads on Faith Gay: $100 Million for 'Ingratitude' and 'Deception'

Scott Flaherty | February 16, 2018

John Quinn said he was irritated by Faith Gay's "saccharine" farewell email to her Quinn Emanuel colleagues, and disappointed with "the stealthy way" he accused her of planning to launch her new firm.

4 minute read

This Labor Board Case Could Carry Broad Implications for Gig Economy

Erin Mulvaney | February 16, 2018

A federal labor case involving worker classification at an Indiana medical supply delivery company could have broader implications for the on-demand economy, as the National Labor Relations Board looks for input from the business community and labor advocates.

5 minute read

Jones Day Antitrust Chairman David Wales Jumps to Skadden

Roy Strom | February 16, 2018

David Wales, the leader of Jones Day's global antitrust and competition practice, has left the firm and is poised to become a partner at Skadden, Arps, Slate, Meagher & Flom.

3 minute read

Litigators of the Week: A Gig Economy Bellwether Battle

Cogan Schneier | February 15, 2018

Gibson Dunn & Crutcher partners Michele Maryott and Theane Evangelis scored a win for GrubHub in a bellwether case that could have a lasting impact on how gig-economy workers are classified.

5 minute read

DOJ's Civil Division, Citing 'Surge' in Lawsuits, Wants 22 More Lawyers

Cogan Schneier | February 15, 2018

The Justice Department's request seeks to add attorneys to the Federal Programs Branch, which defends lawsuits against federal agencies.

3 minute read

Hooters Serves Up $1.3M in Gift Cards to Settle TCPA Class Action

Greg Land | February 15, 2018

The suit alleged thousands of violations of the Telephone Consumer Protection Act and includes almost $440,000 in attorney fees and expenses.

5 minute read

3rd Circuit Orders New Sentence for Simpson Thacher Staffer in Insider Trading Case

Charles Toutant | February 15, 2018

Steven Metro was wrongly sentenced based on the entire $4.6 million proceeds of the scheme even though others were involved, the appeals court said.

5 minute read

Q&A: Gloria Allred on Balancing Law, Business and the #MeToo Spotlight

Christine Simmons | February 15, 2018

The 76-year-old celebrity lawyer discusses what role she plays in her firm's cases, how she bills, and what the recent wave of high-profile sexual harassment accusations nationwide has meant for her practice

6 minute read

Takata Deal Better Than Nothing, Say Lawyers for Air-Bag Plaintiffs

Amanda Bronstad | February 15, 2018

That's how plaintiffs lawyers characterized a settlement reached this week in the Takata bankruptcy that could provide up to $130 million in compensation to victims of exploding air bags.

5 minute read

US Bank Agrees to $613M Penalty Over Anti-Money Laundering Failures

Colby Hamilton | February 15, 2018

The nation's fifth-largest bank acknowledged its deficiencies in properly reviewing transactions to check for suspicious activity.

3 minute read

Alsup Certifies a Class of Uber Drivers in Suit Over Fees

Ross Todd | February 15, 2018

U.S. District Judge William Alsup of the Northern District of California certified a class of Uber drivers Wednesday in a case claiming the company takes an oversized chunk of ride fees.

3 minute read

'The Words of the President' Doom Trump Travel Ban, Fourth Circuit Says

Marcia Coyle | February 15, 2018

"Here the government's proffered rationale for the Proclamation lies at odds with the statements of the president himself," Fourth Circuit Chief Judge Roger Gregory wrote.

5 minute read

Star Litigators Launch Selendy & Gay With Quinn Emanuel Expats

Scott Flaherty | February 15, 2018

The new firm boasts a roster of top-flight litigation specialists based in New York.

5 minute read

Daily Dicta: There's Client Service. And Then There's Michael Cohen.

Jenna Greene | February 15, 2018

Quick show of hands: how many of you have ever paid $130,000 in hush money out of your own pocket to help a client? And didn't actually mention it to them? Or ask to get paid back?

8 minute read

New Lawsuit Accuses Silicon Valley VC of Groping Young Entrepreneur on Red-Eye Flight

Ben Hancock | February 14, 2018

Rachel Danae Vachata alleges that Lucio Lanza assaulted her while bragging about his ability to "make or break" her career.

3 minute read

Judge Says DEA, Not Courts, May Be Better Forum to Challenge Cannabis Policy

Andrew Denney | February 14, 2018

A federal judge on Wednesday lobbed tough questions at an attorney for a group of plaintiffs challenging the constitutionality of marijuana prohibition, asking why his court is the best forum to push the government to cease enforcement.

4 minute read

Daily Dicta: DOJ Lawyer Sues Georgetown for Rejecting Him, Claiming Age Bias

Jenna Greene | February 14, 2018

George Mazza, 62, is a longtime senior counsel in the Justice Department's Civil Rights Division. But what he wants now is to get a Ph.D in theology from Georgetown. When the university rejected him, he sued.

8 minute read

Expert Opinion

On Appeals: (Don't) Take a Walk on the Wild Side

Maureen Dear | February 14, 2018

If I throw a birthday party at my house, and I suggest guests park a couple blocks away where there's always lots of space, and, as my guest, you do that but get hit by a car when walking over, can you sue me for your injuries because my suggestion of where to park created a foreseeable risk of harm?

6 minute read

Microsoft's Head of Litigation on the Company's Upcoming Fight at SCOTUS

Ben Hancock | February 14, 2018

David Howard said customer worries about other countries' laws helped drive Microsoft's decision to fight U.S. law enforcement over access to foreign-stored data. Oral arguments are later this month.

4 minute read

Help Decipher Justices' Handwritten Notes Through This Crowdsourcing Project

Marcia Coyle | February 14, 2018

The crowdsourcing project SCOTUS Notes hopes to unlock some of the mysteries inside the U.S. Supreme Court's closed-door conferences. "They're not just arguing over 'reverse or affirm' but rules of the law. All this rich data is in the conference notes of the discussions they had," political scientist Ryan Black of Michigan State University says.

5 minute read

What to Know After Latest Hearing in Paul Manafort's Criminal Case

Cogan Schneier | February 14, 2018

Sidley Austin partner Tom Green made his first appearance after reports said he was working with Gates.

4 minute read

Alston Ex-Partner Is Grilled on Stand in Legal Malpractice Trial

Greg Land | February 14, 2018

The plaintiffs, a family-owned company, say Alston & Bird and former partner Jack Sawyer breached their legal and fiduciary duties by helping an older sibling allegedly steal nearly $1.5 million.

7 minute read

Vice Media Founders' 'Mea Culpa' Provides Fodder for Pay Equity Suit

Ross Todd | February 13, 2018

In a lawsuit filed Tuesday, plaintiffs cite the Vice founders' pledge to make changes after an exposé by The New York Times.

3 minute read

NY Top Court: Private Facebook Postings Not Off Limits in Discovery

Josefa Velasquez | February 13, 2018

The New York State Court of Appeals decided 7-0 that limiting access only to a person's public posts on Facebook is counter to “New York's history of liberal discovery."

4 minute read

Discipline Case Hits Pro Se Lawyer for Falsely Claiming Relative Raped Opposing Counsel's Mom

Angela Morris | February 13, 2018

A new attorney disciplinary lawsuit alleges that Austin solo Brandi K. Stokes, who appeared pro se in a family law case, made false accusations against…

5 minute read

In Sexual Misconduct Merry-Go-Round, O'Melveny Loses One Role, Adds Another

Meghan Tribe | February 13, 2018

The Am Law 100 firm has parted ways with Wynn Resorts Ltd., a week after being hired to advise its board on an investigation of its namesake, while fashion designer Guess Inc. has hired O'Melveny & Myers to conduct a probe involving sexual harassment allegations by model Kate Upton against its co-founder Paul Marciano.

3 minute read

Supreme Court Asked, Again, to Weigh In on Data Breach Standing as Circuit Split Widens

Craig A. Newman | Jonathan Hatch | February 13, 2018

A Supreme Court ruling in a recent case would help clarify the standing issue for the lower courts, consumers and companies that suffer data breaches.

5 minute read

Daily Dicta: Oh the Bloody Starbucks Horror

Jenna Greene | February 13, 2018

A California family sued Starbucks for selling “dangerous, defective, contaminated, tainted, spoiled and unsafe beverages.” But their lawyer might want to think twice before taking this one to a jury.

10 minute read

Judge Awards $6.75M to Street Artists for Destroyed Works

Andrew Denney | February 13, 2018

The award follows a first-of-its-kind jury trial that explored the question of whether graffiti should be considered art worthy of protection under the Visual Artists Rights Act of 1990.

3 minute read

Novice Golfer May Be Held Liable for Friend's Facial Injuries, Court Rules

Michael Booth | February 13, 2018

"We are satisfied there exists a material act in dispute concerning whether O'Neill made appropriate observations prior to swinging the golf club consonant with the attendant risk of significant injury to a bystander," said Judges Jose Fuentes, Ellen Koblitz and Thomas Manahan.

4 minute read

Trump Budget Puts Legal Services Back on the Chopping Block

Jenna Greene | February 13, 2018

The president also proposed to eliminate LSC funding In his 2018 budget proposal but Congress rebuffed the plan after an outcry from business leaders and politicians.

2 minute read

Federal Judge Appoints Leadership in Equifax MDL

R. Robin McDonald | February 12, 2018

The lawyers appointed to lead the litigation on behalf of consumers and financial institutions in the Equifax multidistrict litigation include a number of familiar faces who also served in leadership roles in the 2014 Home Depot data breach MDL.

4 minute read

Weinstein Lawsuit Positions New York AG for Key Role in Victim Compensation

Tom McParland | February 12, 2018

A lawsuit from New York Attorney General Eric Schneiderman has threatened to upend the sale of the Weinstein Co. in a bid to ensure that victims of Harvey Weinstein's alleged sexual abuse are compensated.

5 minute read

Judge Rules No Infringement in Battle Over Law Firm Names

Brenda Sapino Jeffreys | February 12, 2018

Two personal injury firms in Houston were in a legal fight over the use of "P&M Law."

3 minute read

'Sexy' IP Issue Dominates Cisco-Arista Appeal

Scott Graham | February 12, 2018

Lawyers for Arista, led by Tensegrity's Matthew Powers, are the latest to attack assignor estoppel, the equitable doctrine that forbids an inventor who sells his or her patent from then turning around and attacking the patent's validity.

6 minute read

Skadden Partner Michael Scudder Picked for Seventh Circuit Seat

Marcia Coyle | February 12, 2018

James Comey once reportedly said about Michael Scudder: "He is somebody who can easily be overlooked in a crowded room of loud lawyers because he is so quiet. But once you get to know him, when Mike Scudder speaks, you shut your mouth and you listen."

5 minute read

Controversial $225M ExxonMobil Settlement Upheld by Appellate Division

Michael Booth | February 12, 2018

Appellate Division Judge Carmen Messano said in a published decision that there was no reason to vacate the settlement agreement.

5 minute read

'Hyundai' Case Recharges Debate Over Class Action Approval Standards

Amanda Bronstad | February 12, 2018

The Ninth Circuit's Jan. 23 opinion in In re Hyundai and Kia Fuel Economy Litigation imposed a strict set of requirements that alarmed lawyers on both sides—but mostly those in the plaintiffs bar.

10 minute read

Investigation

SEC Enforcer Hodgkins Lands at Covington & Burling

Ryan Lovelace | February 12, 2018

Gerald Hodgkins oversaw enforcement actions against WorldCom, UnitedHealth Group's CEO, Daimler AG and others.

2 minute read

Kirkland's Hurst Wins, and Then He Wins Some More—How Does He Do It?

Jenna Greene | February 11, 2018

"In order to do a good job at trial, you can't just parachute in and know half the facts. You have to know everything," says Kirkland & Ellis star litigator James Hurst. "The reality is, that takes time—late nights, early mornings, lots of weekends. But it's the only way to make it work."

9 minute read

Go-To Trump Lawyer's Law Firm Changes Name Amid Partnership Split

Xiumei Dong | February 09, 2018

Douglas Mirell, a former name partner at Harder Mirell & Abrams, has left the Los Angeles litigation firm for Greenberg Glusker amid reservations over his former colleague's work for President Donald Trump.

5 minute read

3 Takeaways From the Swift End to Waymo v. Uber

Ross Todd | February 09, 2018

No more Wall Street references. No more Alsup-isms. No more marching hordes of lawyers filing into 450 Golden Gate before sunrise each morning.

5 minute read

Atlanta Fires Back at Morgan Lewis With New Lawsuit in Pension Fight

Cogan Schneier | February 09, 2018

The lawsuit focuses on payments to Morgan Lewis from two pension funds the firm represents in litigation against the city.

3 minute read

Rachel Brand, DOJ's No. 3, Leaves for Walmart Top Legal Post

C. Ryan Barber | February 09, 2018

Rachel Brand, the third-in-command at the U.S. Justice Department, is leaving the agency to become head of global corporate governance at Walmart Inc. Walmart was looking internally and externally to fill the post. Brand's tenure at DOJ lasted less than a year.

4 minute read

Law Firm Legal Battles That Slipped From the Headlines in 2017

Christine Simmons | February 09, 2018

From bias and discrimination claims to malpractice disputes and fights over fees, several firms quietly resolved once high-profile disputes with their clients or employees last year.

7 minute read

Shareholder Suit Targets Johnson & Johnson Disclosures on Asbestos in Talc

Charles Toutant | February 09, 2018

The company artificially inflated its stock price by failing to disclose what it knew about links between cancer and Johnson's Baby Powder, according to the suit.

4 minute read

Court Affirms Dismissal of Tobacco Cases Because of Dead Clients

Dara Kam, News Service of Florida | February 09, 2018

Thursday's decision came less than four months after a federal court slapped a $9 million sanction on Jacksonville-based Farah & Farah and The Wilner Firm “to account for the immense waste of judicial resources by maintaining over a thousand non-viable claims.”

5 minute read

Waymo, Uber Reach $244.8M Settlement on Driverless Car Trade Secrets

Ross Todd | Caroline Spiezio | February 09, 2018

Less than a week into their blockbuster trade secret showdown, Waymo and Uber have settled their dispute over driverless car technology.

4 minute read

2nd Circuit Vacates Arab Bank's Hamas Terrorism Verdict

Colby Hamilton | February 09, 2018

The Second Circuit vacated Arab Bank's Hamas terrorism verdict but 597 plaintiffs are still set to receive a substantial settlement.

5 minute read

Litigator of the Week: A Second Chance in a Crucial Copyright Fight

Scott Graham | February 08, 2018

Winston & Strawn's Michael Elkin persuaded the Fourth Circuit U.S. Court of Appeals that Cox deserves a second chance before a new jury--with a higher standard of liability.

3 minute read

Ninth Circuit Set to Hear Misappropriation Case Against Girardi

Amanda Bronstad | February 08, 2018

A lawyer who has sued Thomas Girardi several times for allegedly misappropriating millions of dollars in class action settlement funds is set to go before a federal appeals court on Friday as part of a federal racketeering case against the high-profile attorney.

4 minute read

Nerdy Worlds of Law and Engineering Collide on Day 4 of 'Waymo v. Uber'

Ross Todd | February 08, 2018

On Thursday afternoon, the fourth day of the high-profile trade secrets showdown between Waymo and Uber, the professional differences between lawyers and engineers were on stark display.

3 minute read

In Bellwether Gig Economy Case, Judge Rules Grubhub Driver Is Not an Employee

Cogan Schneier | February 08, 2018

U.S. Magistrate Judge Jacqueline Scott Corley ruled that Grubhub properly classified a delivery driver as an independent contractor instead of an employee under California law.

5 minute read

Baker McKenzie Partner Is Accused of Sexual Assault, But Where's the #Metoo?

Vivia Chen | February 08, 2018

While women in the U.S. and many parts of the world are spilling their guts about harassment and assault, and airing the names of their alleged perpetrators along the way, the Brits are keeping their lips tightly sealed.

6 minute read

IRS Nominee Defended Trump's Refusal to Release His Tax Returns

Cheryl Miller | C. Ryan Barber | February 08, 2018

Meet Beverly Hills tax attorney Charles Rettig, a name partner at Hochman, Salkin, Rettig, Toscher & Perez.

6 minute read

Will Chief Justice Roberts Be Asked to Testify on Nunes Memo?

Tony Mauro | February 08, 2018

The suggestion that Chief Justice John Roberts Jr. might be asked to testify before Congress in the wake of the controversial “Nunes memo” is drawing criticism and raising questions about the separation of powers.

4 minute read

Daily Dicta: Record $100M Helicopter Crash Payout; The Met Can Keep its Picasso; Why Andy Sandler Is Exiting his Firm

Jenna Greene | February 08, 2018

In what appears to be the largest pre-trial settlement ever of a single personal injury case, Airbus Helicopters and Air Methods Corp. agreed to pay $100 million to settle claims arising from a 2015 crash.

9 minute read

At Client's Bidding, Houston Litigators Talk to Eversheds and Make Lateral Move

Brenda Sapino Jeffreys | February 08, 2018

Houston labor and employment litigators Scott McLaughlin and Marlene Williams left Jackson Walker and joined Eversheds Sutherland's Houston office.

3 minute read

On Day 3 of Waymo v. Uber, a Cinematic Moment With Kalanick on the Stand

Ross Todd | February 07, 2018

With the former Uber CEO on the stand, Waymo's lawyer got Michael Douglas' iconic "greed is good" speech from the movie "Wall Street" into evidence.

4 minute read

Rabobank Subsidiary Forfeits $368M in Money Laundering Probe

Cogan Schneier | February 07, 2018

The acting chief of the DOJ's Criminal Division called the bank's guilty plea a "warning to financial institutions."

3 minute read

Phila. Mass Torts Inventory Could Soon Be on Decline, Judge Says

Max Mitchell | February 07, 2018

The Reglan litigation came to a settlement last year, and, according to the judge tasked with presiding over the city's mass torts programs, the court is entering the final stages of administering that settlement.

7 minute read

Despite Judge's Tongue-Lashing, 'Serial Objector' Escapes RICO Suit

Scott Flaherty | February 07, 2018

A federal judge in Chicago had some choice words about the Bandas Law Firm's business, but ultimately determined it was not a racketeering ring.

5 minute read

Aetna, Settlement Claims Administrator Sue Each Other Over HIV Mailings

Kristen Rasmussen | February 07, 2018

Aetna has sued Kurtzman Carson Consultants, blaming the claims administrator for mailings that disclosed the name and condition of thousands of HIV patients. KCC responded by filing a suit of its own against Aetna, saying that the health insurance giant and its outside legal counsel, Gibson, Dunn & Crutcher, were responsible.

5 minute read

NY Contractor Settles U.S. Labor Dept.'s First Complaint Under Trump

Erin Mulvaney | February 07, 2018

The administrative complaint against the New York information technology company Advance 2000 Inc. was the first the Labor Department's contract compliance program filed in the Trump administration.

4 minute read

FEC Commissioner Goodman Leaves Post for Wiley Rein

Ryan Lovelace | February 07, 2018

Lee Goodman's departure from the FEC eliminates the Republican majority there and reunites Goodman with one of his former law firms.

2 minute read

Buckley Sandler Co-Founder Andy Sandler to Leave Firm

Jenna Greene | February 07, 2018

Nine years to the day after Andrew Sandler co-founded financial services powerhouse Buckley Sandler, he will retire from the firm.

3 minute read

Daily Dicta: California's Oh-So-Special Bar Rules

Jenna Greene | February 07, 2018

By refusing reciprocity or admission on motion, California sends a message: Your out-of-state bar exams just aren't as good as ours. Because California is special. (Oh, and did I mention it's currently 76 and sunny here?)

9 minute read

Covington, Gibson Dunn Are Big Law's DACA Defense at Supreme Court

Marcia Coyle | February 07, 2018

As Congress and the White House quarrel over the fate of 690,000 so-called Dreamers, two veteran U.S. Supreme Court advocates are urging the justices to reject the Trump administration's effort to get them involved now in the related legal fight.

6 minute read

Tips for Handling a Call from the FBI

Shari L. Klevens | Alanna Clair | February 06, 2018

Here are some tips for attorneys to navigate the complex ethical issues when the government comes calling.

6 minute read

Lying Witness or Not, Merck Might Salvage $200M Verdict in Hep C Battle

Scott Graham | February 06, 2018

In an appellate showdown between Fish & Richardson's Juanita Brooks and MoloLamken's Jeffrey Lamken, a Federal Circuit panel seemed swayed by Merck's argument that one bad witness didn't taint the jury's verdict.

6 minute read

Daily Dicta: Wait, That's It for Kozinski?

Jenna Greene | February 06, 2018

So much for the Judicial Council's probe into sexual misconduct by retired Judge Alex Kozinski, plus Pennsylvania Republicans refuse to give up gerrymandering fight.

8 minute read

Thick Skin: Defense Lawyers Explain How They Handle Attacks on their Work

Samantha Joseph | February 06, 2018

"As a lawyer, sometimes it's your turn to be in the barrel."

4 minute read

State AGs Take EPA to Court Over Clean Water Rule

Cogan Schneier | February 06, 2018

The Trump administration suspended the Obama-era rule Tuesday, drawing the lawsuit from such states as California, New York, New Jersey and Connecticut.

3 minute read

Defense Verdict in Case of Man Left With Denture Stuck in Throat at Care Center

Greg Land | February 06, 2018

The jury rejected the family's claims that the three days the deceased man spent with a dental bridge stuck in his throat contributed to his death from complications of Parkinson's disease several months later.

5 minute read

With the Three R's, Here's How Williams & Connolly's Deneen Howell Powers Through Her Day

Leigh Jones | February 06, 2018

A husband, two young children, a high-powered D.C. practice and two goldfish make for very full weekdays.

7 minute read

California Federal Courts Are Urged to Open Wider Door to Out-of-State Lawyers

Cheryl Miller | February 06, 2018

Eleven groups press the court to drop a requirement that lawyers who practice in the district be admitted to the State Bar of California.

4 minute read

Litigator Recalls Expulsion From High School for Organizing MLK Memorial

Jonathan Ringel | February 05, 2018

The campaign made the MLK event a success, but 10 students were suspended, and Tyler and two others were set for expulsion. Their offense: passing out leaflets without authorization.

4 minute read

After Memo, New York Times Asks Secret Court for Carter Page Warrants

Cogan Schneier | February 05, 2018

The publication argues the release of a memo drafted by House Republicans that reveals the Justice Department sought and received warrants to spy on Page means records of those warrants should be disclosed.

4 minute read

How Fort Lauderdale Attorneys Won a $71 Million Verdict Despite Their Client's Low Medical Bills

Samantha Joseph | February 05, 2018

The biggest obstacle was proving that a client with $3,550 in medical bills had suffered permanent, devastating injury worthy of a multimillion-dollar award.

5 minute read

7-Year Sentence for Ex-IP Lawyer Over $2M Money Laundering Scheme

Scott Flaherty | February 05, 2018

An IP lawyer with Big Law grooming now faces prison time after admitting to money laundering.

4 minute read

'Things Just Couldn't Be the Same' After the 'Lynyrd Skynyrd' Spoliation Decision

David R. Cohen | Todd R. Fairman | February 05, 2018

Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions?

8 minute read

US Justice Dept. Defends IRS Power in Marijuana Dispensary's Tax Case

Marcia Coyle | February 05, 2018

The U.S. Supreme Court has been reluctant to step into conflicts surrounding the burgeoning recreational marijuana industry in America, and the U.S. Justice Department now wants the justices to maintain their hands-off stance in a fight involving the Internal Revenue Service.

5 minute read

At Trial's Open, Waymo Argues Uber Sought to 'Win at All Costs'

Ben Hancock | February 05, 2018

The highly anticipated trial finally got underway in a jam-packed courtroom Monday, with the lead attorney for Waymo saying Uber tried to "cheat" and Uber's lawyer telling the jury that's just a "conspiracy theory."

4 minute read

SCOTUS Denies Pa. GOP Lawmakers' Request to Halt Redistricting

P.J. Dannunzio | February 05, 2018

The U.S. Supreme Court on Monday allowed redistricting of Pennsylvania's congressional map to continue, denying a request from state Republican leaders to delay the process.

3 minute read

Daily Dicta: Au Pairs of the World, Unite; The Check is (Not) in the Mail

Jenna Greene | February 05, 2018

A class action by Boies Schiller Flexner claiming au pairs are underpaid has cleared another major hurdle; The latest setback for a Baker McKenzie client who has been trying since 2014 to get paid after an arbitration panel in London awarded him $84 million.

7 minute read

Mel Weiss, Hero and Villain of Plaintiffs Bar, Dies at 82

Jenna Greene | February 04, 2018

Melvyn Weiss, the co-founder of now-defunct Milberg, Weiss, Bershad, Hynes & Lerach, died in his sleep on Feb. 2 at the age of 82, his son's law firm, Seeger Weiss announced on Friday.

5 minute read

JPMorgan Holds Law Firms' Feet to the Fire on Diversity

Miriam Rozen | February 02, 2018

At a kickoff event at Sullivan & Cromwell for a new JPMorgan diversity initiative, the message was clear: If it's always white men leading the team, expect other law firms to get the work.

3 minute read

Judge Grills Covington Lawyers Over Alleged Contradictions in SeaWorld Case

Ross Todd | February 02, 2018

U.S. District Judge Jeffrey White asked Covington lawyers what he should make of deposition testimony that seemed to contradict allegations made by one of the plaintiffs in the case.

3 minute read

Apple Sanctions Would Go Against Norm, Create Unpredictability

Jennifer Williams-Alvarez | February 02, 2018

Lawyers for Civil Justice, a partnership of corporate counsel and defense bar practitioners, has stood behind Apple via an amicus brief after heavy discovery sanctions were imposed on the company.

4 minute read

Seattle's Push to Let Gig Drivers Unionize Faces Fresh Test in Ninth Circuit

Erin Mulvaney | February 02, 2018

Here's a snapshot of the lawyers and the law as the U.S. Chamber and Uber on Monday get set to argue against a new Seattle law that would let ride-hail drivers unionize.

7 minute read

PricewaterhouseCoopers Settles Securities Claims in Petrobras Suit for $50M

Colby Hamilton | February 02, 2018

The settlement is the latest win in the suit against the Brazilian energy giant.

2 minute read

Three Strategic Choices in E-Discovery

Christine Payne | Michelle Six | February 02, 2018

Electronic discovery gets a bad rap. Most lawyers find it unappetizing, high risk, and unglamorous. This perspective, however, overlooks a key litigation opportunity: developing e-discovery strategy hand in hand with trial strategy. It's the best approach for achieving solid results for your clients.

8 minute read

Cosby Retains New Lawyer for Retrial on Sexual Assault Charges

P.J. Dannunzio | February 02, 2018

Comedian Bill Cosby has hired a new local lawyer to represent him as his retrial on sexual assault charges nears.

3 minute read

Joseph Simons of Paul Weiss, Trump's FTC Chair Pick, Reports $1.9M in Partner Share

Mike Scarcella | C. Ryan Barber | February 02, 2018

Joseph Simons, a former Paul, Weiss, Rifkind, Wharton & Garrison antitrust co-chair in Washington, reported earning $1.9 million in partnership share from the firm. The disclosure was among others published Friday from Trump's FTC nominees, including Christine Wilson, a top in-house lawyer at Delta Air Lines.

5 minute read

In Waymo v. Uber, an Encore Showdown for Lead Counsel at Quinn and Susman

Ben Hancock | February 02, 2018

For Charles Verhoeven and Bill Carmody, the highly anticipated trial about to get underway between Waymo and Uber is a chance for a re-match.

8 minute read

Litigator of the Week: Abbe Lowell, Bob Menendez and the Power of Friendship

Cogan Schneier | February 01, 2018

"Real friends don't have to bribe each other," said Norton Rose Fulbright's Abbe Lowell. "They help each other because they're friends."

4 minute read

Brewing Battle: Judge Lets Jazzman's Heir's Lawsuit Over Beer Name Play On

Ross Todd | February 01, 2018

North Coast Brewing Co. couldn't convince a federal judge in Oakland to toss a lawsuit brought by jazz pianist Thelonious Monk's son over the craft brewery's use of his father's name and likeness.

3 minute read

In Another Keker Departure, IP Litigator Ashok Ramani Joins Davis Polk

Xiumei Dong | February 01, 2018

Two weeks after Boies Schiller Flexner raided Keker, Van Nest & Peters for one of its top young litigators, another partner has left the Bay Area-based litigation boutique for Davis Polk & Wardwell.

4 minute read

It's 'Very Hard to Say Anything Definitive' About DOJ's White-Collar Plans

C. Ryan Barber | February 01, 2018

"Until these positions are filled, and new leaders have an opportunity to establish themselves, it will be difficult to determine DOJ's overall approach to white-collar enforcement," a Wachtell team wrote in a recent blog post.

4 minute read

Lawyers for Manafort Deputy Rick Gates Ask to Withdraw From Case

Cogan Schneier | February 01, 2018

The lawyers said the reason for their withdrawal would be explained in an upcoming motion to be filed under seal.

2 minute read

How Hankook Tire Came to Settle 17 Cases From Fatal Church Bus Crash

Katheryn Tucker | February 01, 2018

The settlement resolves five wrongful death and 12 personal injury cases resulting from the crash of a church bus that was headed home to Statesville, North Carolina, in October 2013.

3 minute read

Federal Government Drops Appeal, Agrees to Pay $42M in Pa. Birth Injury Case

P.J. Dannunzio | February 01, 2018

In withdrawing its appeal of an approximately $41.6 million bench verdict against it, the U.S. government has agreed to pay the parents of a child who was injured at birth due to a doctor's botched use of forceps.

3 minute read

11th Circuit Bench Slaps Judge, Troutman Sanders Lawyer for Ignoring Order

R. Robin McDonald | February 01, 2018

The panel specifically called out Troutman Sanders attorney Brian P. Watt for convincing the district court to ignore the previous order.

4 minute read

Daily Dicta: A Rotating Carousel of What?

Jenna Greene | February 01, 2018

Fat Leonard allegedly enticed Navy officers with money plus fancy dinners, hotel rooms and—to quote the indictment— “a rotating carousel of prostitutes.” Alas, the merry-go-round is metaphorical. But is this good legal writing or bad?

7 minute read

The Slowpoke Report: Federal Judges in Two of Texas' Busiest Divisions Tread Water

John Council | February 01, 2018

Every year, Texas Lawyer takes a look at the number of civil cases and motions pending to check up on the federal bench around the state.

12 minute read

As Jury Is Seated, Judge Says Waymo Trial Won't Be on Uber's Litigation Conduct

Ross Todd | January 31, 2018

U.S. District Judge William Alsup's jovial, reverential tone with the jurors on Wednesday stood in contrast to an order made public late Tuesday night dealing with a flood of Waymo motions alleging misconduct by Uber during the course of the litigation.

4 minute read

9th Circuit Relieves Twitter of Liability in Deadly 2015 Terrorist Attack

Michael Booth | January 31, 2018

A federal appeals court in California ruled Wednesday that the families of two defense contractors killed in a 2015 terrorist attack in Jordan cannot sue Twitter for allegedly enabling terror group ISIS.

4 minute read

Schwarzenegger, Governors Urge Termination of Gerrymandering in SCOTUS Filing

P.J. Dannunzio | January 31, 2018

With the help of a team from Reed Smith, action movie star and former California Gov. Arnold Schwarzenegger has joined other state governors in asking the U.S. Supreme Court to strike down the practice of partisan gerrymandering once and for all.

3 minute read

Top JPMorgan Chase Lawyer Heading to Simpson Thacher

Meghan Tribe | January 31, 2018

Stephen Cutler, a vice chairman and former general counsel at JPMorgan Chase & Co., will join Simpson Thacher & Bartlett in April.

4 minute read

On Eve of Super Bowl, Food Distributors Declare War on Chicken Wing Producers

Cogan Schneier | January 31, 2018

US Foods and Sysco sued major chicken producers in federal court in Illinois on Tuesday.

3 minute read

The DC Circuit's Big CFPB Ruling Carries Wide Implications. Here's What's Next

C. Ryan Barber | January 31, 2018

The decision Wednesday upholding the agency's power structure won't be the last word. One of the sides, or both, could decide to take the dispute to the U.S. Supreme Court, and things could get tricky there. Meanwhile, companies lost one avenue of attack against the Obama-era agency. Here are three considerations of what's in play now.

6 minute read

Daily Dicta: After Morgan Lewis Exit, Can Former Fox New Host Andrea Tantaros Survive Pro Se?

Jenna Greene | January 31, 2018

David and Goliath is one thing, but this? It's David versus three Goliaths plus a battalion of Big Law lawyers. Also, Baker Botts scores the best kind of win for Cobalt International Energy.

7 minute read

Court Clerk Fired in Meek Mill Case, but Rapper Still Pressing for Vindication

Max Mitchell | January 31, 2018

The First Judicial District received a bit of a black eye recently in the ongoing dust-up over hip-hop star Meek Mill's parole violation case when it had to fire a court clerk in the wake of revelations that she had asked the rapper to help pay her child's college tuition.

7 minute read

Ex-Dewey & LeBoeuf Executive DiCarmine Reaches Tentative SEC Settlement

Colby Hamilton | January 31, 2018

DiCarmine was acquitted in 2017 at a second jury trial of fraud and conspiracy charges related to the collapse of the firm five years prior.

2 minute read

Securities Class Actions Hit Record Levels in 2017, Studies Say

Amanda Bronstad | January 30, 2018

Securities class action filings hit record levels in 2017, driven primarily by lawsuits challenging mergers and acquisitions, according to two prominent studies that came out this week.

5 minute read

Mulvaney's CFPB Turns Down Loan Company's Bid to Reshape Settlement

C. Ryan Barber | January 30, 2018

Ballard Spahr, representing the New Jersey-based loan marketing company Top Notch Funding, pushed the Consumer Financial Protection Bureau for an alternative settlement amid the turmoil over the agency's leadership in recent months. The CFPB's revised settlement didn't significantly alter the terms.

4 minute read