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News

Second Circuit Gets Immediate Appeal After US Judge Dismisses Trump Challenge to Subpoena of Tax Returns

Within about 90 minutes of the district judge's decision, the Second Circuit granted a temporary administrative stay pending expedited review by the court. A date for the hearing was not immediately set.
5 minute read

News

DLA Piper Partner Who Alleged Assault Drags Kamala Harris Into Arbitration Dispute

Harris, who is married to a DLA Piper partner, has called out mandatory arbitration in the past.
3 minute read

Commentary

Daily Dicta: This Grateful Company Named a Video Game Character After Their Lawyer. How Do Other Clients Say Thank You?

Nintendo named an iconic video game character after John Kirby, a retired Latham & Watkins partner who died last week. It got me thinking: What do other clients do to show appreciation for lawyers who deliver key wins?
7 minute read

Sandy Hook Families Hire Ex-SG Don Verrilli for Fight With Gunmaker Remington

Verrilli is leading the plaintiffs' case before the U.S. Supreme Court, as Remington argues that federal law protects it from liability in the 2012 school shooting.
5 minute read

News

Law Firm Can't Revive Defamation Suit Over Negative Online Reviews

The Second District Court of Appeal was "troubled" that Abir Cohen Treyzon Salo and name partner Alexander Cohen failed to cite "directly applicable contrary authority" in a case where it upheld a win for a former client's daughter accused of making defamatory posts on review sites, including Yelp and Avvo.
4 minute read

Cooley Says Elizabeth Holmes Has Growing Unpaid Legal Bill In Theranos Civil Case

Cooley's Stephen Neal, John Dwyer and Jeffrey Lombard have asked to bow out of a civil case in Arizona federal court, saying Holmes hasn't paid them in more than a year and likely won't be able to going forward.
3 minute read

Paul Weiss Takes a Sideswipe at Gibson Dunn in New SCOTUS Brief in Consumer Bureau Case

Paul Weiss appellate leader Kannon Shanmugam wants the U.S. Supreme Court to take his challenge to the Consumer Financial Protection Bureau. The court received a new and competing petition, from Gibson, Dunn & Crutcher, a few days ago.
6 minute read

Commentary

And the LOTW Runners Up...

Honorable mention goes to lawyers from Shook, Hardy & Bacon; Dechert; O'Melveny & Myers; Quinn Emanuel; Pepper Hamilton; Nixon Peabody; Mayer Brown; Norton Rose and Gibson Dunn.
3 minute read

News

After 60,000 Hours, Skadden and Weil Near End of an Innocence Project Backlog

The two Am Law 100 firms and the Innocence Project are close to clearing the group's backlog of thousands of requests for assistance.
5 minute read

Say Your Piece, SCOTUS Advocates. But Only for Two Minutes

The U.S. Supreme Court's hot bench will cool down, at least for the opening two minutes of an advocate's argument, according to a new guide. "Let's see how long it lasts," one scholar says.
5 minute read

Litigators of the Week: Wilmer Team Makes the Grade for Harvard and Diversity

'As one of the few cases of this type to go through a full (and very public) trial, we hope this case will be an example of how important it is for courts considering challenges like this to really hear the evidence and understand the process,'
11 minute read

News

How the Sixth Circuit Could Upend the Opioid Lawsuits

At least four petitions ask the U.S. Court of Appeals for the Sixth Circuit to review U.S. District Judge Dan Polster's handling of the multidistrict litigation over the opioid crisis. They could impact a potential global settlement or a planned trial this month.
9 minute read

News

GirlsDoPorn Operations Chief Says He Never Promised Movies Would Be DVD-Only

Consultant Matthew Wolfe testified that the adult film company still doesn't specify the website name in its contracts with models. "Most people know that pornography goes online," he said, as Jane Doe No. 1, the law graduate, watched from the audience.
6 minute read

News

Ex-Employee Alleges Retaliation by Robert De Niro, Production Co. in Response to Allegations of Discrimination and Harassment

Graham Chase Robinson, who most recently held the title of vice president of production and finance at De Niro's Canal Productions Inc., said in the filing that De Niro underpaid her compared to her male peers and assigned "stereotypical female duties," such as cleaning his apartment, waking him from bed, and picking out gifts for his children.
4 minute read

Commentary

Daily Dicta: The FTC Should Be Suing Itself for How It Handled This Case

A special master on Tuesday recommended that the government pay LabMD's legal fees—sweet vindication for LabMD's founder after a monster legal battle with the FTC.
6 minute read

News

Ex-Willkie Co-Chair Gordon Caplan Gets One Month Prison Term in College Admissions Case

Caplan, whose lawyers had asked a federal judge to spare him any time behind bars, will serve one month in prison.
7 minute read

News

MGM Strikes Deal to Pay Up to $800M to Settle Las Vegas Shooting Lawsuits

The total settlement is between $735 million and $800 million, according to plaintiffs lawyers, who announced the deal Thursday. It resolves lawsuits brought over the 2017 mass shooting at MGM's Mandalay Bay Casino in Las Vegas.
6 minute read

News

DC Judge Exasperated as Larry Klayman Lobs Legal Attacks on Mueller

"Go back to what we were talking about," U.S. District Judge Ellen Huvelle chided Klayman at one point.
6 minute read

Enforcement of NJ 'Dark Money' Disclosure Law On Hold While Challenge Proceeds

Americans for Prosperity has demonstrated it has a "reasonable probability of winning on the merits at trial" on its claim that the law is unconstitutional, U.S. District Judge Brian Martinotti said when he granted the injunction Wednesday.
4 minute read

News

DOJ Weighs In on Manhattan DA's Fight for Trump Tax Returns

The DOJ lawyer wrote that his office supports "interim relief as necessary to allow for appropriate briefing of the weighty constitutional issues involved."
3 minute read

Cohen Milstein's Leopold Appointed Lead Counsel in General Motors Class Action

Litigator Theodore J. Leopold is helping to represent a national class in legal action against the automotive company. An amended complaint filed in the U.S. District Court for the Eastern District of Michigan on Monday alleges GM was aware several vehicles manufactured between 2015 and 2019 contained defective eight-speed automatic transmissions and did nothing to warn customers.
4 minute read

News

DLA Piper's Co-Managing Partner in Silicon Valley Accused of Sexual Assault in EEOC Claim, Open Letter

Partner Vanina Guerrero alleges that after Louis Lehot, the co-managing partner of the DLA's Silicon Valley office, recruited her to the firm in 2018, he forced himself on her and engaged in other inappropriate conduct that the firm is forcing her to litigate in secret.
4 minute read

Lawsuits Against Juul Sent to San Francisco by MDL Panel

A federal judicial panel has ordered that lawsuits against Juul Labs Inc. go to San Francisco, home to the electronic cigarette maker's headquarters, before U.S. District Judge William Orrick of the Northern District of California.
4 minute read

Commentary

Daily Dicta: Ooh Burn. US Judge Roasts Suit over Sunscreen in Win for Jenner & Block

A federal Judge in Chicago tossed a putative class action against a sunscreen maker because the label on its aerosol can said "shake well" before use, as opposed to "shake vigorously for 10 seconds."
6 minute read

News

Judge Says Ohio's Move to Halt Opioid Trial 'Untimely in the Extreme'

U.S. District Judge Dan Polster, who is overseeing the first federal opioid trial on Oct. 21, also wrote on Tuesday that the Ohio AG's petition before the U.S. Court of Appeals for the Sixth Circuit was based on a "faulty premise."
4 minute read

Harvard Wins Suit Challenging Race-Conscious Admissions

U.S. District Judge Allison D. Burroughs in the District of Massachusetts gave Harvard University's admission processes an A-grade, finding its race-conscious admissions process holds an important place in society.
4 minute read

News

Giuliani Lawyers Up, Tapping Ex-Watergate Prosecutor Jon Sale in Impeachment Probe

In an interview, Sale said he does not see any legal exposure for Giuliani. "He 100 percent did not do anything illegal," he said, adding, "I think the congressional forum is very partisan."
4 minute read

News

SDNY Judge Tosses Copyright Suit Against Jerry Seinfeld Over 'Comedians in Cars' Series

U.S. District Judge Alison J. Nathan ruled Monday that the suit by Christian Charles, a writer and director who worked with Seinfeld on the show's pilot, was barred under the three-year statute of limitations for copyright infringement claims.
4 minute read

Commentary

Injunctions on the Rise and Other Litigation Trends to Track

Rigorous enforcement of the Administrative Procedure Act and the increase of nationwide injunctions are among the topics discussed in this second installment of a two-part series.
4 minute read

Robert Mueller Returns to WilmerHale as DC-Based Partner

"It was an honor to serve as special counsel," Mueller said in a statement. "Now, I look forward to resuming my private practice alongside the talented lawyers at the firm."
4 minute read

Commentary

Daily Dicta: Top Litigators Battle Over Flanges. Whatever Those Are.

A federal jury in Houston just awarded $31 million to flange makers represented by Norton Rose and Mayer Brown in a false advertising and unfair competition suit.
6 minute read

News

Appeals Court Seems Inclined to Shut Down Bristol-Myers in Class Action

Numerous times, Seventh Circuit Chief Judge Diane Wood and Judge Amy Barrett, a Trump appointee, remarked that the defendant, IQVIA Holdings Inc., appeared to be overturning more than 50 years of class action precedent.
5 minute read

News

SDNY Judge: Sheldon Adelson Can't Dismiss Jewish Group's Suit for Damages Stemming From Defamation Suit

U.S. District Judge J. Paul Oetken of the Southern District of New York said that Sheldon Adelson was responsible for compensatory damages and attorney fees under the Nevada's anti-strategic lawsuit against public participation statute.
4 minute read

News

Kansas Federal Judge Reprimanded for Sexually Harassing Court Employees

The public reprimand is the most severe sanction available to the judicial council.
3 minute read

News

Federal Investigators Detail Where Compliance Officers Fell Short in Barclays' Relationship Hiring

The order shows that the illegal hiring practices began in 2009 in South Korea, and spread throughout the Asia-Pacific region, including Hong Kong, through 2013.
4 minute read

DC Judge Scolds Trump DOJ's Drive to Restrict Injunctions

Trump's Justice Department is pushing to end the power of federal trial judges to issue nationwide injunctions. U.S. District Judge Ketanji Brown Jackson in Washington says the push "demonstrates contempt for the authority that the Constitution's Framers have vested in the judicial branch."
6 minute read

News

Shout-Out: Skadden's Big Week

Skadden litigators racked up four wins in two days, knocking out securities class actions in New York and California, as well as shutting down an unlikely claim against a South Korean bank.
3 minute read

News

Ex-Prosecutors Break Down Giuliani's Legal Problems Over Whistleblower Complaint

Lawyers said the complaint laid out troubling allegations that could lead to criminal probes of bribery and extortion and potential disciplinary action against Giuliani.
7 minute read

Commentary

Daily Dicta: Sorry, No, Being Transferred to Gary, Indiana Does Not Violate Your Civil Rights

Hey, I get it—I wouldn't want to move to Gary either. But that doesn't mean you can hang an age discrimination claim on it.
6 minute read

News

SG's Office Recommends Against Cert in Google v. Oracle

Noel Francisco's office tells the Supreme Court that Oracle's Java APIs are copyrightable, and that Google's use of them wasn't fair.
3 minute read

News

Even as Impeachment Over Ukraine Ramps Up, House Isn't Quitting Its Other Trump Lawsuits

Democrats aren't willing to let go of their existing lawsuits seeking records and testimony on Trump, even as their focus has shifted in the past week.
6 minute read

News

Long Island Judge Suspended Without Pay After Pleading Guilty to Stealing Underwear

He admitted to entering a young woman's home with the intent of stealing her underwear during the court appearance in Suffolk County two weeks ago.
2 minute read

News

NY Federal Judge Decries Incivility 'From the President on Down' While Sentencing Man Who Threatened US Senator

A Brooklyn man pleaded guilty in May to threatening to assault and murder a Democratic U.S. senator in a voicemail message. That senator has not been identified in the case.
3 minute read

News

Judge Says Ex-Partner's Suit Against Pierce Bainbridge a Slog

The judge didn't issue a ruling in the first major clash between Don Lewis and his former firm, but she did express dissatisfaction with the length and complexity of his complaint.
5 minute read

News

First Bellwether Trial Over Chemotherapy Drug Taxotere Ends in Defense Verdict

Sanofi-Aventis won the first bellwether trial over its chemotherapy drug Taxotere after a federal jury in New Orleans came out with a defense verdict late Thursday. About 12,000 lawsuits have been filed across the country.
3 minute read

Commentary

And the LOTW Runners Up...

Honorable mention goes to lawyers at Latham & Watkins; Quinn Emanuel; Akin Gump; Cooley and Freshfields.
3 minute read

Q&A

Litigators of the Week: With $18B on the Line, Gibson Dunn's Mastro and Champion Prove Arbitration Award Was a Sham

'This case screamed out that something terribly wrong happened here and that Chevron was the victim of a sham process,' said Gibson Dunn's Randy Mastro. ' Facts win cases, not rhetoric. The facts here spoke volumes.'
12 minute read

News

Ex-Willkie Co-Chair Gordon Caplan Asks Judge to Spare Him Prison, but Prosecutors Want 8 Months

A former top lawyer at Willkie asked a federal judge to sentence him to no time behind bars, while the government is arguing he is a con-man who should get an eight-month sentence.
3 minute read

Live Coverage

MDL Panel Weighs Venue for 'Massive' and 'Complex' Cases Against Juul

Dozens of lawyers suing electronic cigarette maker Juul Labs Inc. packed a Los Angeles courtroom Thursday to convince the U.S. Judicial Panel on Multidistrict Litigation which judge should hear the cases. The MDL panel also heard arguments about the data breach class actions against Capital One.
5 minute read

News

Williams & Connolly Defends Weil Gotshal Against Tax-Bungling Allegation

Weil has sought to withdraw as counsel for financial services firm Perella Weinberg Partners after a newspaper report said Weil partners had concluded they risked being sued for malpractice over the advice they gave Perella.
4 minute read

News

Sixth Circuit Panel Orders Judge and Lawyers to Weigh in on Delaying Opioid Trial

The U.S. Court of Appeals for the Sixth Circuit has ordered lead plaintiffs' attorneys and U.S. District Judge Dan Polster to respond to Ohio Attorney General Dave Yost's petition for writ of mandamus seeking to halt the Oct. 21 trial over the opioid crisis.
5 minute read

News

Intel Chief Defends White House, DOJ Involvement in Handling Whistleblower Complaint

Acting director of national intelligence Joseph Maguire said the president's involvement in the underlying issue required him to see if executive privilege covered the whistleblower complaint.
5 minute read

Commentary

Daily Dicta: Uh-Oh. Match.com Just Caught the FTC's Eye

The Federal Trade Commission sued the company that owns online dating service Match.com, alleging that many of those enticing notices about catching someone's eye originated from accounts that the company knew were likely fraudulent.
4 minute read

News

In Memoriam: WilmerHale's Jerry Facher

Wilmer Cutler Pickering Hale and Dorr legendary litigator Jerry Facher, who was once portrayed by Robert Duvall in the movie "A Civil Action," died on Sept. 19 at the age of 93.
2 minute read

Like Rehnquist Before Him, Roberts Would Preside Over a Trump Impeachment Trial

Rehnquist's 1992 book "Grand Inquests" chronicled the impeachment of Supreme Court Justice Samuel Chase in 1805 and President Andrew Johnson in 1868.
6 minute read

Q&A

What's Next for the Litigation Funding Wunderkinds at Legalist With $100M to Burn

Eva Shang, the 23-year-old CEO of Legalist, shares the company's plans for its second round funding totaling $100 million.
6 minute read

News

'Go Home, Sober Up, Decompress:' SDNY Judge Stays Trump Tax Subpoena Another Day

Lawyers for the president argue that the Mazars subpoena is worryingly similar to one for Trump's tax returns filed by the U.S. House of Representatives.
4 minute read

Commentary

Daily Dicta: When Smart People Believe Crazy Things--Tough Love from Sixth Circuit Judge Jeffrey Sutton

The former Jones Day partner just penned a remarkable opinion that tackles thorny questions of mental illness, personal responsibility and the right to be represented by counsel—not to mention how to steal $31 million with a few clicks of a mouse.
8 minute read

News

Bill Cosby Ordered to Pay Quinn Emanuel $2.7M in Fee Dispute

One year into his prison sentence, Bill Cosby lost a confrontation with Quinn Emanuel over his legal fees.
4 minute read

News

FTC Competition Head Says Big Tech Investigations Are Attempt to Right Potential Wrongs

Bruce Hoffman, director of the Federal Trade Commission's Bureau of Competition, said that some reports of anti-competitive activity in Big Tech hearken back to the government's antitrust case against Microsoft in the late '90s.
4 minute read

News

Georgia Jury Awards $135M to Company in Electronic Payment Suit

A DeKalb County jury determined that Atlanta-based Global Payments Inc., one of the world's largest electronic payment processors, breached its contract with a firm that recruited merchants to use Global services after both companies were named as defendants in a CFPB lawsuit.
5 minute read

After Months of Mulling Options, Democrats Have Apparently Found Legal Case for Trump's Impeachment

Impeachment talk was accelerated by revelations that are reportedly the subject of a whistleblower complaint made to the intelligence community's inspector general. The whistleblower, whose identity remains unknown, is represented by Compass Rose Legal Group's Andrew Bakaj and fellow whistleblower attorney Mark Zaid.
7 minute read

Commentary

When Crafting Your Litigation Strategy, Keep These Trends in Mind

Recent trends in how federal district courts exercise their power of judicial review underscore the changing nature of regulatory litigation.
6 minute read

News

In Bid to Dismiss Data Breach Lawsuit, Marriott Argues Passport Numbers Useless to Hackers

In its motion to dismiss, Marriott insisted the breach caused no harm to its guests and attached a declaration by a former government official who wrote: "A U.S. passport is virtually impossible to forge successfully."
5 minute read

News

Dershowitz Lawyers Want Boies Schiller Booted in Epstein-Related Case

Lawyers for the retired Harvard law professor also made a bid to have the matter dismissed, arguing that the plaintiffs' complaint was filed after the statute of limitations had run.
5 minute read

News

Steptoe Nabs a White Collar Giant

Michael Bromwich's recent clients include Christine Blasey Ford and Andrew McCabe.
1 minute read

News

Shout-Out: Paul Weiss; Cleary Gottlieb and Latham Broker SEC/ Nissan Deal 

Lawyers from Paul, Weiss; Cleary Gottlieb and Latham & Watkins negotiated a settlement with the U.S. Securities and Exchange Commission on behalf of former Nissan CEO Carlos Ghosn and the Japanese automaker.
2 minute read

Commentary

Daily Dicta: The Federal Judiciary Is Awash in Ex-Prosecutors—And It's a Problem

We've all heard about the lack of ethnic and gender diversity on the federal bench. But lack of professional diversity is problematic as well.
5 minute read

News

Dershowitz Pushes for Disqualification of Boies Schiller Lawyers, Dismissal of Epstein Accuser's Defamation Suit

Dueling motions, set to be argued in the Southern District of New York, represent the latest front in a battle between the law professor, a former attorney for Jeffrey Epstein and a woman who has claimed she was recruited as a minor into the deceased financier's sex ring.
5 minute read

News

Passengers Sue United, Alleging Kickbacks Doubled the Cost of Travel Insurance

Consumers claim that they would not have paid the artificially inflated travel insurance prices had they known that the airline negotiated a brokerage fee with the sellers.
3 minute read

News

Opioid Makers Want to Know Why 500 Jurors Were Dismissed From Upcoming Trial

Corporate defendants facing the first jury trial over the opioid crisis, such as Johnson & Johnson and McKesson, plan to challenge the jury selection process after court officials dismissed 70% of the prospective jurors from service this month.
4 minute read

News

Quinn Emanuel Launches New Practice Group Repping #MeToo Victims

John Quinn says no other major Am Law 100 firm has embraced plaintiffs-side litigation related to sexual harassment and discrimination.
4 minute read

Commentary

'Also I'd Like Your Firstborn Child': How to Handle a Hardball Negotiator

If the other side becomes unreasonable, you need an unshakable focus on where you are headed and why, so you can avoid being sidetracked.
6 minute read

Arnold & Porter Nabs Allon Kedem for US Supreme Court Team

Allon Kedem, arriving from the U.S. Justice Department solicitor general's office, said John Elwood's role at Arnold & Porter was a significant factor in deciding to join the firm.
5 minute read

Commentary

Daily Dicta: VW Salespeople Are Out of Gas as Judge Tosses Class Action

In the wake of the diesel emissions scandal, VW customers and dealers came out just fine. But the frontline salespeople? Not so much. Rule 9(b) is a cruel master.
6 minute read

Research

Class Members Don't Read Emailed Settlement Notices Either, FTC Finds

The report comes as new federal rules have encouraged electronic notices in class action settlements. But the report found that email notices had a lower claims rate than did traditional materials sent in the mail.
9 minute read

News

Trump Must Testify in Assault Case, NY Judge Says, Calling the President's Testimony 'Indispensable'

In her order, Bronx Supreme Court Administrative Judge Doris Gonzalez wrote that constitutional arguments about the president's vulnerability to prosecution are not relevant in this case.
2 minute read

Q&A

Litigator of the Week: Sullivan & Cromwell's Jordan Puts the Brakes on Massive Class Action 

Sullivan & Cromwell's Julia Jordan convinced the Sixth Circuit to side with her client, Fiat Chrysler Automobiles in dismissing a putative class action with prejudice.
7 minute read

News

Court Rules Legal Malpractice Lawsuit Against Kasowitz Benson Torres Can Wait

The plaintiff Steven Mariano claims attorneys from Kasowitz Benson Torres negligently drafted affirmative defenses and failed to advise of potential malpractice claims against international law firm Simpson Thacher & Bartlett, which represented his company in a hedge fund transaction.
3 minute read

News

California Leads Lawsuit Over Trump's Weaker Emission Standards

The lawsuit marks the state's 60th lawsuit against the Trump administration.
5 minute read

Commentary

And the LOTW Runners Up...

Honorable mention goes to lawyers from Decher, Sheppard Mullin and Quinn Emanuel.
2 minute read

News

How a 1946 Georgia Lynching Is Leading 11th Circuit to Rethink Grand Jury Secrecy

The full Eleventh Circuit is asking lawyers to address whether the court should scrap its 1984 precedent allowing federal judges to unseal grand jury records in an "exceptional situation."
5 minute read

News

No Music in 9th Circuit Courtroom for Led Zeppelin Hearing

Eleven Ninth Circuit judges will hear a lot of arguments about copyrights Monday in the dispute over "Stairway to Heaven." But they'll do it without musical accompaniment.
4 minute read

News

2nd Circuit Rules Dodd-Frank Does Not Preclude Arbitration of Whistleblower Claims

The decision brought the Second Circuit in line with the Third Circuit, the only other federal appeals court to have ruled on the issue.
3 minute read

News

State AGs Have Raked in Over $106B in Corporate Penalties Since 2000

The report, "Bipartisan Corporate Crime Fighting by the States," by the D.C. nonprofit group Good Jobs First is a compilation of multistage lawsuits filed by attorneys general of the 50 states and the District of Columbia.
4 minute read

Judge Blocks New California Law That Would Force Trump to Reveal Tax Returns

The tentative ruling followed a two-hour hearing over a request by President Donald Trump's campaign and Republicans at the state and federal level for a preliminary injunction.
4 minute read

News

Selendy & Gay Abandons Mandatory Arbitration as Pressure Continues

The move by Selendy & Gay follows a national trend of law firms dropping mandatory arbitration clauses for lawyers and other employees. But there are still plenty of holdouts.
4 minute read

News

US House Weighs Lawsuit to Force Disclosure of Mystery Whistleblower Complaint

Intelligence Committee chairman Adam Schiff accused the Justice Department of preventing lawmakers from learning about the contents of a whistleblower complaint that may have ties to the president.
8 minute read

News

Kasowitz Benson Beats Ex-Client in Legal Malpractice Suit

The New York firm beat back a counterclaim for legal malpractice and won an order requiring former client Cesar Cabrera and his companies to pay more than $200,000 in unpaid bills and interest.
3 minute read

News

PTO (After Much Reflection) Says Its Precedential Opinions Are Entitled to Deference

The Federal Circuit had to formally ask the agency to weigh in on a hot-button issue of patent and administrative law.
7 minute read

Commentary

Daily Dicta: Venture Capitalist Off the Hook In Horrific $40M Sexual Assault Case

The 2016 suit against Michael Goguen, then a partner at storied venture capital firm Sequoia Capital, rocked Silicon Valley. On Wednesday, a judge issued terminating sanctions dismissing the complaint. What happened?
8 minute read

News

Class Certified for Customers Suing Over Replacement iPhone Parts

In a Tuesday order, U.S. District Judge William Orrick granted certification of a class of Apple customers who alleged they received refurbished parts in replacement iPhones, iPads and iPods, in breach of extended warranties that promised "equivalent or new" devices.
3 minute read

News

Plaintiffs Giant Steve Susman to Litigation Funding Industry: Bring It On

Steve Susman was in New York on Wednesday, giving the keynote speech at the litigation finance industry's second annual LF Dealmakers Forum.
4 minute read

News

Litigation Funder Oasis Financial Sues Kirkland, Littler Over $71M Private Equity Sale

Kirkland & Ellis and Littler Mendelson are facing claims over their role in the $71 million sale of a company billed as "the nation's largest consumer legal funding business."
4 minute read

News

DC Judge in Trump Tax Returns Case Agonizes Over What-Ifs

Judge Carl Nichols, a Trump appointee, threw a bunch of hypotheticals at the attorneys as he waded into a fight over the president's New York tax returns.
6 minute read

News

Ninth Circuit Shuts Down Samsung's Arbitration Agreement

In separate unpublished memoranda, the U.S. Court of Appeals for the Ninth Circuit on Tuesday upheld rulings that found Samsung had not adequately disclosed its arbitration agreements on the outside of the box or the cover of a booklet provided with its Galaxy S7 smartphones.
3 minute read

Ex-Roberts Clerk Will Argue Against LGBT Workers in New SCOTUS Term

Consovoy McCarthy partner Jeffrey Harris will make his U.S. Supreme Court argument debut in October, arguing that Title VII does not protect against sexual orientation discrimination.
5 minute read

News

From Best to Worst, Chamber of Commerce Ranks All 50 States for 'Lawsuit Climate'

The perceptions matter. The poll found that 89% of respondents said a state's lawsuit environment is likely to impact their company's decisions about where to locate or do business.
3 minute read

Commentary

Daily Dicta: Swingers Club Hit With $900,000 Verdict for Unauthorized Photo Use

The models discovered their (clothed) photos being used alongside hardcore pornography in ads for a 16,000-member swingers club to promote spouse swapping and other "alternative lifestyle" events.
4 minute read

DOJ, FTC Antitrust Enforcers Confront 'Squabbles' Over Investigative Roles

"I cannot deny that there are instances where Chairman Simons' and my time is wasted on those types of squabbles," Makan Delrahim, the leader of DOJ's antitrust division, said.
4 minute read

News

Weil Attorney Whose Closing Argument for J&J Was Struck Is 'Calculating,' 'Strategic,' Lawyers Say

Lawyers who have worked with Weil Gotshal partner Diane Sullivan said she does not do anything unethical. But plaintiffs lawyers, and a few judges, have said she skirts the rules at trial.
10 minute read

News

Edward Snowden, His Publishers Sued by DOJ Over Memoir Profits, Speaker Fees

The Department of Justice marked the release of Edward Snowden's memoir "Permanent Record" on Tuesday with a civil lawsuit.
3 minute read

News

In Risperdal Punitive Damages Trial, Opening Statement Focuses on Alleged Push for Off-Label Use

The case marks the first time a Pennsylvania jury has been able to consider awarding punitive damages in a Risperdal case.
4 minute read

News

Want to Be a Judge? There's a School for That.

"Doctors go to medical school, lawyers go to law school, law enforcement officers go to the police academy. Judges ... nothing."
2 minute read

Commentary

Daily Dicta: White Collar Market Heats Up With More Lateral Hires

Big firms continue to bulk up their white collar practices with more government lateral partner hires.
4 minute read

News

Years After Boxer Suffers Brain Damage, a Settlement and Continued Push for Safety Law

Magomed Abdusalamov, his family and lawyer Paul Edelstein have settled lawsuits against both the state and several physicians on hand at the Madison Square Garden fight. But they've also pushed publicly for a new boxer-protection law in New York, to be called "Mago's Law."
7 minute read

News

Google Sued (Again) for Age Discrimination, This Time by Former Employee Who Claims He Was Called 'Grandpa'

After a July settlement with 200 job seekers claiming the company didn't hire them because of their age, Google faces a lawsuit from a 72-year-old former employee who said the tech giant's investigation of alleged discrimination and retaliation was inadequate.
4 minute read

News

In New Suit, Investors Claim AT&T Created Fake Streaming Service Accounts to Hide Failure

According to an amended complaint filed last week in Manhattan federal court, AT&T management overreported the number of customers who had signed up for the company's $35-per-month product, leading investors to believe it was well-positioned to compete with cheaper online streaming services such as Netflix and Hulu.
4 minute read

News

Former Cognizant Exec Settles FCPA Case With SEC

Sridhar Thiruvengadam, who worked for Cognizant for more than two decades, agreed to pay a $50,000 civil penalty and cooperate with investigators as part of a settlement offer that the SEC accepted on Sept. 13.
3 minute read

Judge Pushes End-Game in Russian 'Troll Farm' Case: 'We're Now on a Trial Track.'

U.S. District Judge Dabney Friedrich added at a hearing in a Mueller-related prosecution: "If I left this up to you all, we wouldn't be trying this case until 2021."
4 minute read

Dozens of Retired Jurists Support Massachusetts Judge Charged With Helping Man Escape ICE Arrest

"The prosecution at issue in this case, if permitted to go forward, will irrevocably tip the scales of justice," the retired judges wrote in support of Massachusetts District Court Judge Shelley M. Richmond Joseph.
4 minute read

News

Elon Musk Says His Twitter Comments Were 'Schoolyard Taunts,' Not Defamation In Cave Rescue Case

Musk called British caver Vernon Unsworth a "pedo guy" on Twitter last year in the wake of the cave rescue of a youth soccer team in Thailand and urged a Buzzfeed reporter to look into Unsworth's background.
3 minute read

Commentary

Daily Dicta: Did Brett Kavanaugh Commit Perjury? 

The New York Times found that at least seven people heard about the incident at Yale long before Kavanaugh became a federal judge, and that the FBI declined to interview witnesses.
3 minute read

Commentary

Daily Dicta: What Are They Thinking? Opioid Defense Lawyers Want Judge to Recuse

If defense counsel sincerely felt they couldn't get a fair shake based on remarks Polster made in January of 2018, why didn't they speak up sooner?
5 minute read

News

Judge Certifies Class Action Against Debt Collection Firm Over Alleged Fake Depositions

The law firm had argued the deposition notices were not misleading, since the attorneys had prepared questions for those who appeared for the supposed depositions.
5 minute read

Jones Day Apologizes to Judge for Botched Filing That Revealed Grand Jury Info

"We very much regret that this incident occurred and can assure the court that it will not happen again," Jones Day lawyers told a Virginia federal court.
4 minute read

News

Fire Victims Intend to Fight $11 Billion Settlement PG&E Reaches With Insurers

PG&E and insurers announced the proposed settlement of claims arising from the 2017 Northern California wildfires and 2018 Camp Fire on Friday morning. The deal requires sign-off from the federal bankruptcy judge overseeing PG&E's Chapter 11 reorganization.
3 minute read

Podcast

Podcast: Inside Quinn Emanuel's Plan to Dominate Cannabis Litigation

As players in the fledging industry grow, they are going to see business disputes that end up in court. Quinn wants to be the first law firm that comes to mind.
2 minute read

News

2nd Circuit Revives Suit by Parents of Slain DNC Staffer Against Fox News

The court said it had "no trouble," construing the facts in the best light for plaintiffs, following the murder of Seth Rich during a botched robbery in 2016.
5 minute read

News

O'Melveny Battles With Bankrupt Ex-Client in $54M Malpractice Fight

The trustee for a former firm client says an arbitrator should have recused himself after O'Melveny refused to hire the arbitrator's son as a summer associate.
4 minute read

Q&A

Litigators of the Week: With $750M on the Line, Boies Schiller Trio Drives Home a Win for Uber

"Telling a story and developing a compelling narrative is essential—and most successful when actual events fit so nicely with the legal standard, as they did here," said Boies Schiller partner Karen Dunn.
10 minute read

Commentary

And the LOTW Runners Up...

Honorable mention goes to lawyers from King & Spalding; Kaplan Hecker & Fink; Gibson, Dunn & Crutcher; Goodwin Procter; O'Melveny & Myers and Simpson Thacher & Bartlett.
3 minute read

GirlsDoPorn Lawyer Argues That Law Grad's Jet-Setting Instagram Counters Claims of a Ruined Life

Defense attorneys suggest that a lifestyle of high-rolling friends and international travel belie claims of harm from the videos.
6 minute read

News

Partisan Divisions Are 'Not Serving Our Country Well,' Justice Ginsburg Tells Law Students

"I think it will take courageous people on both sides who care about the health and welfare of the country and who will say, 'Enough of this dysfunction,'" Ginsburg said.
4 minute read

News

Opening Arguments in J&J Baby Powder Case in Georgia Predict a Looming Battle of Experts

Johnson & Johnson is accused of failing to warn a woman who died of ovarian cancer in 2016 of the dangers of using the product despite having known for years that it was hazardous.
5 minute read

Federal Prosecutors in Maryland Rebuked Over Search of Law Firm

A federal appeals panel said Thursday a U.S. magistrate judge, and not federal prosecutors, should look at email files seized from a law firm in an obstruction investigation.
5 minute read

Analysis

Back to Basics: Don'ts and More Don'ts of Taking Depositions

Keeping these "don'ts" in mind when taking a deposition will focus you on the "dos" for a successful deposition and, relatedly, a well-tried case in the courtroom.
11 minute read

News

4 Years Later, Law Grad Suing GirlsDoPorn Testifies at Trial that She's Still Being Harassed

Jane Doe No. 1, the 'ringleader' of actresses suing the adult film site in San Diego, testified that after she threatened legal action, a campaign of harassment at her law school began. Even Wednesday on the trip to the courthouse, she said, she received an unwanted phone call.
8 minute read

Commentary

Daily Dicta: Gibson Dunn Gets Go-Ahead for Malicious Prosecution Suit in Over-the-Top Real Estate Fight

'The court struggles to see how defense counsel could have failed to see the futility of their lawsuit,' wrote U.S. District Judge Andre Birotte Jr.
6 minute read

News

Apple and Samsung Sued by Cellphone Users Over Radiation Exposure

San Francisco's Andrus Anderson represents a class action of phone owners who say they would not have purchased or paid top dollar for their cells if they had known about the risks of contact with radiofrequency radiation.
4 minute read

Why Cities and Counties Settled with Purdue But Some States Wouldn't Touch It

Experts say a proposed Purdue Pharma settlement could provide some assurances on both sides, in the event of a bankruptcy, but several states aren't participating, including Connecticut, New York, New Jersey and Pennsylvania.
7 minute read

SCOTUS Won't Block Trump's New Asylum Rule, for Now

Justices Sotomayor and Ginsburg dissented: "By granting a stay, the court simultaneously lags behind and jumps ahead of the courts below."
6 minute read

News

StarKist Hit With $100M Criminal Fine for Antitrust Violations

Owned by South Korean company Dongwon Industries, Starkist, whose U.S. headquarters is in Pittsburgh, agreed to plead guilty to felony antitrust charges last October.
3 minute read

News

2nd Circuit Wipes Out $15M in Damages Awarded in Airline-Booking Antitrust Case

The U.S. Court of Appeals for the Second Circuit on Wednesday ordered a new trial in the case, which accused Sabre Holdings Corp. of monopolization and unlawfully restricting trade under the Sherman Act.
4 minute read

Inside Wilson Sonsini's Pro Bono Supreme Court Work for Delaware Governor

A new petition marked the latest example of a Big Law firm going to bat for free for a government client. Wilson Sonsini recently announced a new national U.S. Supreme Court and appellate practice.
5 minute read

Commentary

Daily Dicta: Wait, a Quinn Emanuel Associate Did What?

Were there fake signatures? Counterfeit documents? I wish...
2 minute read

News

J&J Hit With $37.3M Talc Verdict in New Jersey

The verdict, in a trial of four people alleging Johnson & Johnson's talcum powder products caused mesothelioma, comes after the judge struck the defense's entire closing argument.
4 minute read

Commentary

Daily Dicta: Robbins Geller Settles Vereit Class for $1B. Are Opt-Out Plaintiffs Kicking Themselves?

Conventional wisdom says individual plaintiffs with big claims should go it alone for maximum control and recovery. But sometimes, it's better to be in than out.
5 minute read

News

J&J Seeks Talc Mistrial After Judge Strikes Entire Closing Argument

Johnson & Johnson has moved for a mistrial in a high-profile talc trial after a New Jersey judge struck the closing argument of its attorney, Diane Sullivan, of Weil, Gotshal & Manges, then allowed the plaintiffs attorneys to follow with final statements "soaked with venom." Middlesex County Superior Court Judge Ana Viscomi admonished Sullivan: "Stop denigrating the lawyers."
7 minute read

News

Judge Tosses Securities Class Action Over Chinese Crypto Token

"This all may true, but it is not illegal," U.S. District Judge Paul Crotty of the Southern District of New York wrote.
3 minute read

News

Goodwin Procter Tapped by MIT to Investigate Jeffrey Epstein Donations

Goodwin Procter partner Roberto Braceras will lead the investigation for MIT as the university enters a legal morass created by deceased sex offender Jeffrey Epstein.
4 minute read

News

'Mommy Track' Plaintiff in Suit Against MoFo Fights Request for Records From Her New Employer

The Jane Doe plaintiff's lawyer at Sanford Heisler Sharp called the subpoena for documents from her new employer "redolent of an improper purpose" and wrote that "a plaintiff does not expose her current job record to carte blanche scrutiny merely by filing suit against her prior employer."
3 minute read

Commentary

Daily Dicta: Leaping (Government) Laterals

Paul Weiss; McGuireWoods; King & Spalding and Cohen Milstein all scooped up high-profile lawyers exiting the government.
2 minute read

Commentary

Daily Dicta: The Short and Sorry Tale of Judge Posner's Center of Justice for Pro Se's

'This experiment in assisting pro se litigants with their ongoing court cases has sadly come to an end," stated the board of the Posner Center of Justice for Pro Se's.
6 minute read

Michael Flynn's Sentencing Judge Is Ready to Roll

U.S. District Judge Emmet Sullivan in Washington set a tentative sentencing date of Dec. 18.
4 minute read

News

SF Federal Judge Advances Cambridge Analytica Case, Says Facebook's Privacy Argument 'Could Not Be More Wrong'

"When you share sensitive information with a limited audience (especially when you've made clear that you intend your audience to be limited), you retain privacy rights and can sue someone for violating them," wrote U.S. District Judge Vince Chhabria, who let most of the claims against Facebook move forward in consumer litigation accusing the company of unlawfully disclosing user information to third parties.
3 minute read

News

Did Roger Stone's Lawyers in Court Filing Just Reveal Trump's Cellphone Number?

The filing, which was subsequently pulled off of Pacer, included phone numbers and emails listed for the president and several of his former advisers.
5 minute read

News

Microsoft CLO Brad Smith Criticizes Trump's Tactics Against Huawei

"The risk here is that U.S. officials will fail to appreciate that technology success almost always requires success on a global scale," Smith writes in a new book about global tech trends and difficult issues confronting the industry, including the U.S.-China trade conflict.
4 minute read

News

'Trial-By-Combat' Lawyer Sentenced to 4 Years for Fraud, Extortion

U.S. District Judge Jack B. Weinstein of the Eastern District of New York handed down his sentence Monday afternoon, after hearing arguments from prosecutors and defense counsel last week. In addition to prison time, Luthmann was ordered to pay $500,000 in restitution and $130,000 in forfeiture.
4 minute read

News

Opioid Companies Will Face Public Nuisance Claims at Trial

U.S. District Judge Dan Polster, who will oversee a closely watched Oct. 21 jury trial next month, refused to toss claims that the opioid manufacturers created a public nuisance.
6 minute read

Q&A

Litigation Leaders: Covington's John Hall on Plaintiffs-Side Work, Partner Promotions and the 'Plus Factor'

"While some disputes can be solved with a jury verdict, many of the most challenging problems for today's global businesses are bigger, more complicated and multi-faceted, requiring creative solutions in more than one jurisdiction and one type of forum. "
13 minute read

Commentary

Daily Dicta: Kobre Lawyers Strike to Extract Judgment from Chinese Billionaire

"We were concerned that that the gambit could make the assets immune," said Kobre & Kim's Chris Cogburn. "There was a lot of urgency."
5 minute read

Commentary

And the LOTW Runners Up...

Honorable mention goes to lawyers from Latham & Watkins, Duffy Carolan and Davis Wright Tremaine.
1 minute read

'Escape From Lookout Ridge': How Gorsuch Kept His Supreme Court Nomination Secret

Read an excerpt from U.S. Supreme Court Justice Neil Gorsuch's new book, "A Republic, If You Can Keep It."
4 minute read

News

SG Noel Francisco Discusses How He Prepares for the Nation's Biggest SCOTUS Hearings

The U.S. solicitor general said he enjoys getting to pick which cases he will personally argue each term, but there are some he knows he's expected to take.
6 minute read

News

California Physicians in Amicus Brief Say Jury Disregarded Science in $289M Roundup Verdict

Among the amicus groups filing briefs in Monsanto's appeal of the verdict are the California Medical Association, the California Hospitals Association and the California Dental Association, which said "emotional manipulation" influenced the jury's verdict.
4 minute read

Q&A

Litigator of the Week: Gibson Dunn's Theodore Boutrous Jr. Scores Another Win for the Fourth Estate

In persuading a federal judge to restore reporter Brian Karem's White House press credentials, the litigator applied lessons from an earlier fight for CNN White House correspondent Jim Acosta. But the White House had also upped its game, according to Boutrous, making Karem's case more complicated.
11 minute read

News

SCOTUS Could Decide If Judges Have Power to Release Grand Jury Records

The decision in a decades-old case could have broader implications as congressional Democrats continue to seek grand jury evidence from the special counsel's investigation.
5 minute read

News

Circuit Split Tees Up SCOTUS Fight on Whether Judges Are Policymakers

A Third Circuit decision striking Delaware's "politically-balanced" state courts is the focus of a U.S. Supreme Court petition.
5 minute read

News

100 Jewish Lawyers Stand Against Texas Judge Accused of Using Racist Slurs Toward Inmate

"It is beyond dispute that a trial conducted before a racist judge who boasts of his bigotry is no trial at all," the amicus brief said.
4 minute read

News

Unions Accuse Trump Agency of Blocking Collective Bargaining Agreement

Attorneys for local chapters of the American Federation of Government Employees say the U.S. Social Security Administration attempted to repackage executive orders targeting federal workers and their unions as contract proposals last year after a federal judge struck down key provisions.
3 minute read

News

$235 Million Pharma Infringement Award Could Turn on Single Screenshot

Time is of the essence as GlaxoSmithKline and Teva dispute whether a generic version of cardiovascular drug Coreg infringed GSK's method of using it to treat congestive heart failure.
5 minute read

News

Under a Legal Cloud, Juul Jostles Over Which Judge Should Decide Lawsuits

Juul Labs Inc. is hoping to send more than 30 lawsuits brought over its e-cigarettes to San Francisco, but some plaintiffs lawyers have suggested judges in New Jersey and Maryland.
6 minute read

Podcast

Forget Reefer Madness, Pot Law Goes Mainstream

Demands from existing clients and the lure of new business opportunities have overtaken the taboo around marijuana for many major law firms.
2 minute read

News

Gilead Wants Judge to Trash Would-Be Class Action, Citing 'Absurd' Overreach

The antitrust complaint is full of "pejorative characterizations and baseless conclusions" but no persuasive law, the biopharma giant contends.
3 minute read

News

Judge Approves CVS-Aetna Merger After Initial Skepticism

U.S. District Judge Richard Leon found that the evidence presented to him was enough to ease any antitrust concerns he had.
3 minute read

News

Clark Hill Acquires Las Vegas Litigation Boutique

The Detroit-based Am Law 200 firm has combined with Gentile Cristalli Miller Armeni Savarese, more than doubling the head count in its Las Vegas office.
4 minute read

News

Not Guilty: Greg Craig Acquitted of Deceiving DOJ About Ukraine Work

The verdict came on the first day of jury deliberations, and caps off a three-week trial.
4 minute read

News

El Paso Family Moves to Sue Walmart Over Mass Shooting

"Despite the crowd at the premises on the day of the shooting, Walmart failed to provide security guards to protect the patrons at the premises," said the petition.
3 minute read

Commentary

Daily Dicta: O'Melveny's Petrocelli Strikes Again, Repping Ariana Grande in Suit Against Forever 21

Marketing peril aside, Forever 21 may also be on shaky footing legally.
6 minute read

Latest
Trending

Who Got The Work

Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.

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Who Got The Work

Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.

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Who Got The Work

Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.

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Who Got The Work

David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.

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Who Got The Work

Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.

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