Litigation Daily | Expert Perspectives On The Biggest Cases

Boies Schiller Nabs Star Litigator Susan Estrich From Quinn Emanuel

Scott Flaherty | October 10, 2018

Estrich will be a Los Angeles-based partner in the appellate practice at Boies Schiller, which has made a string of recent hires in California.

5 minute read

Daily Dicta: From Williams & Connolly Partner to Stay-at-Home Dad and Back: Malachi Jones Rejoins Firm as Chief Diversity Partner

Jenna Greene | October 10, 2018

Malachi Jones stepped down as a partner at Williams & Connolly at the top of his game to be a stay-at-home dad for his two sons and to help his ailing parents. He rejoined the firm Wednesday as its inaugural chief diversity partner.

7 minute read

Daily Dicta: Pity the DOJ Lawyers (For Now) in Transgender Military Ban Showdown

Jenna Greene | October 09, 2018

As a three-judge appellate panel prepares to hear oral arguments tomorrow challenging the transgender military ban, the government tipped its hand weeks ago that it expects to lose.

9 minute read

Ropes & Gray Seeks Legal Fees for Beating FTC in LabMD Fight (And Reveals Billing Rates)

Scott Flaherty | October 09, 2018

Although Ropes & Gray sought a discounted rate for its pro bono representation of LabMD in a data breach case, the firm's fee request provides insight into what one of the country's highest earning firms could charge per hour.

5 minute read

Law Profs Argue Trump as President Is Not Exempt from Civil Litigation

Dan M. Clark | October 09, 2018

A group of law professors who argued two decades ago that former President Bill Clinton should not be immune to a civil lawsuit in federal court are now asking to make the same argument against President Donald Trump in New York Attorney General Barbara Underwood's lawsuit against the Trump Foundation.

7 minute read

After Kavanaugh's Elevation, DC Circuit Vacancy Buzz Ramps Up

C. Ryan Barber | Ellis Kim | October 08, 2018

Washington's appellate bar was abuzz about who might be nominated to fill the newly vacant seat on the D.C. Circuit days after Brett Kavanaugh was confirmed the U.S. Supreme Court.

5 minute read

They Like You, They Really Like You

Jenna Greene | October 08, 2018

There are some big names in big law among the The American College of Trial Lawyers' new members.

2 minute read

Facebook Dodges Liability in Ohio Wrongful Death Suit

Jenna Greene | October 08, 2018

Kirkland & Ellis lawyers prevailed for Facebook in an Ohio suit that challenged how the social network responds to threats of violence.

3 minute read

Daily Dicta: Well, That Was Awful

Jenna Greene | October 08, 2018

This fight was stomach-churning and angry and sad, and it's left the high court further politicized.

4 minute read

Government Claims Against Opioid Makers in Key Case Go Forward

Amanda Bronstad | October 05, 2018

A federal magistrate judge issued his recommendation in a key lawsuit brought against opioid manufacturers and distributors, as well as pharmacies.

3 minute read

Sold Your VW Before the Emissions Scandal? You've Still Got a Possible Claim, Judge Rules

Amanda Bronstad | October 05, 2018

U.S. District Judge Charles Breyer refused to dismiss a class action on behalf of consumers who sold their Volkswagen vehicles before Sept. 18, 2015.

6 minute read

Litigators of the Week: The Boies Schiller Duo Pushing Back Against a Vile Conspiracy Theory

Jenna Greene | October 05, 2018

'We hope this case sends the message that litigation can play a role in the defense of objective truth. Free speech is essential to our democratic values, but so is basic human decency.'

12 minute read

Appellate Lawyers for Kavanaugh Stand by Their Man

Ellis Kim | October 04, 2018

With a final vote on Brett Kavanaugh's nomination looming, several appellate lawyers say they're still backing the U.S. Supreme Court nominee.

6 minute read

Ex-Ogletree Partner Suing Firm for Gender Bias Tells Her Story

Scott Flaherty | October 04, 2018

Dawn Knepper, a former nonequity shareholder at Ogletree Deakins, opened up about her gender bias lawsuit against her prior firm.

5 minute read

Daily Dicta: Williams & Connolly Launches Litigation Blitzkrieg for CoStar (Pity the Defendants)

Jenna Greene | October 04, 2018

The seven suits, filed in federal courts in Oregon, Georgia, New Jersey, California and the District of Columbia, send an unequivocal message: Don't mess with CoStar.

9 minute read

Ted Olson Drops ABA Membership Over Kavanaugh Letter

Tony Mauro | Ellis Kim | October 03, 2018

ABA executive director Jack Rives said in response: “I've got the greatest respect for Ted Olson, who has been a longtime friend and supporter of the ABA." He added: “I would hope that people wouldn't let one issue affect their membership.”

5 minute read

Daily Dicta: Paul Weiss Wins Rare Delaware Decision Allowing Client to Kill $4.8B Merger

Jenna Greene | October 03, 2018

Delaware courts don't normally look kindly on companies that try to pull out of billion-dollar merger agreements. But this case was "markedly different."

10 minute read

Would Kavanaugh Take the Supreme Court 'Express Train' to the Right?

Tony Mauro | October 02, 2018

In a conversation after the Senate hearing for Supreme Court nominee Brett Kavanaugh, Kate Shaw, a professor at Yeshiva University Benjamin N. Cardozo School of Law offered her insights with The National Law Journal about the court's future.

6 minute read

After $250M Stock Sale, Burford Still Plans to Raise More Capital

Roy Strom | October 02, 2018

Money keeps flowing into the litigation finance market, as Burford Capital announced a major share placement Tuesday.

5 minute read

Daily Dicta: Lucky Ducks: Greenberg Traurig and Mintz & Gold Beat SEC in Insider Trading Case

Jenna Greene | October 02, 2018

SEC investigators couldn't crack the case—assuming there was a case, and not just investors blessed with super-fortuitous timing.

9 minute read

Daily Dicta: Daughter of Deceased North Face Founder Loses Appeal Seeking Inheritance

Jenna Greene | October 01, 2018

"We are hard-pressed to imagine a reason that as a matter of public policy, Chile would be concerned about Summer's inheritance or lack thereof."

9 minute read

Judge OKs Privacy, Trespass Claims in iPhone Defect MDL, but Nixes Consumer Claims

Ross Todd | October 01, 2018

"The court finds that some of plaintiffs' allegations are at full capacity, but others need to be recharged," wrote Judge Edward Davila.

4 minute read

At the U.S. Supreme Court, Change Looms

Marcia Coyle | October 01, 2018

The curtain opens today on the new term. But the full U.S. Senate has yet to vote on Justice Kennedy's would-be successor, Judge Brett Kavanaugh.

7 minute read

From 'She Was Authentic' to 'He Is Innocent,' Kavanaugh Hearings Divide Attorneys

Christine Simmons | September 30, 2018

Litigators, naturally inclined to assess witness credibility, found plenty to analyze. And with televisions tuned in to the spectacle at firms across the country, one law firm leader said "billions of dollars" in billable hours were probably lost.

5 minute read

Wachtell Defeats Malpractice Claims, but Icahn's CVR Vows Appeal

Christine Simmons | September 28, 2018

Wachtell, Lipton, Rosen & Katz has been battling CVR Energy's malpractice lawsuit for close to five years.

4 minute read

Litigator of the Week: Sending a Message to 'The Most Hated Company in Tech'

Jenna Greene | September 28, 2018

"When someone is seeking hundreds of millions of dollars from you for worthless intellectual property—you do not settle," said Paul Hastings partner Yar Chaikovsky.

9 minute read

Defiance and Deflection: The Kavanaugh Hearing, and What's Next

Marcia Coyle | Ellis Kim | September 27, 2018

The Senate Judiciary Committee's still scheduled to vote Friday on Brett Kavanaugh's nomination, and he's already hired four law clerks for the upcoming U.S. Supreme Court term.

5 minute read

Greenberg Traurig Attorney Deceit Case Ready for Trial

Christine Simmons | September 27, 2018

After an appellate ruling on the scope of damages testimony, jurors may finally consider allegations that a former Greenberg shareholder deceived the court about the destruction of a document.

5 minute read

Pinch-Hitting in Kavanaugh Hearing, Arizona Lawyer Plays Prosecutor and Defense

Ellis Kim | September 27, 2018

Arizona prosecutor Rachel Mitchell's performance has divided attorneys following along on social media, with some calling her questions standard, while others said she's acting like a defense attorney for Republicans.

4 minute read

Daily Dicta: Blasey Ford Testifies, Plus The Good, the Bad and the Uber

Jenna Greene | September 27, 2018

All eyes will be on the Senate as Christine Blasey Ford testifies, plus Uber is having a good news/ bad news week.

7 minute read

Daily Dicta: It's Not Easy to Rate Lawyers—Just Ask Avvo

Jenna Greene | September 26, 2018

When a solo practitioner called a "menace to the profession" by the Ninth Circuit has a higher Avvo score than Ted Olson, you know there are some flaws in the system. Avvo should thank the NY AG for forcing them to change.

8 minute read

Cadwalader and Redskins Owner Settle $22M Malpractice Case Three Days Before Trial

Christine Simmons | September 26, 2018

The settlement avoids what would have been an extraordinarily high-profile trial for a legal malpractice suit.

4 minute read

In His Words: Kavanaugh's Written Testimony Released Ahead of Hearing

Ellis Kim | September 26, 2018

Kavanaugh again denies an accusation by California professor Christine Blasey Ford that he sexually assaulted her at a party in their high school years. The two are set to testify before the Senate Judiciary Committee Thursday.

1 minute read

Litigation Funding Icon Changes Its Strategy as Capital Pours In

Roy Strom | September 25, 2018

Howard Shams is readying Parabellum Capital for a day when litigation finance becomes “commoditized.”

7 minute read

Pennsylvania Justices Wrangle With Whether Drug Use While Pregnant Is Child Abuse

Max Mitchell | September 25, 2018

The policy implications of whether taking a drug during pregnancy constitutes child abuse are vast and could implicate everything from the definition…

4 minute read

Daily Dicta: The $100K Engagement Ring, the Big Law Associate and the Tell-All Lawsuit

Jenna Greene | September 25, 2018

Every lawsuit tells a story. But this one is a soap opera, a country-western song—and a cautionary tale of a big firm litigator who was seemingly taken to the cleaners by an art history student.

8 minute read

Daily Dicta: When Antitrust Becomes a Political Weapon

Jenna Greene | September 24, 2018

Antitrust is about protecting competition and consumers. It's not supposed to be about policing speech.

8 minute read

What Kavanaugh Didn't Want to Talk About in Fox News Interview

Tony Mauro | Marcia Coyle | September 24, 2018

"I just want an opportunity, a fair process where I can defend my integrity," said Kavanaugh, responding to a question about where he thought the claims from the women were coming from.

5 minute read

Traumatized Content Moderators Sue Facebook Over Graphic Images

Amanda Bronstad | September 24, 2018

Facebook Inc.'s content moderators had to see videos and images of "child abuse, rape, torture, bestiality, beheadings, suicide, murder."

4 minute read

Veteran Prosecutor Bromwich Quits Firm to Join Kavanaugh Accuser's Legal Team

Marcia Coyle | Tony Mauro | September 22, 2018

Bromwich announced his resignation from Robbins, Russell, Englert, Orseck, Untereiner & Sauber to join Christine Blasey Ford's legal team.

3 minute read

Litigators of the Week: Kirkland Duo Win Big in a Case That 'Sends Chills Down Lawyers' Spines'

Jenna Greene | September 21, 2018

The fight between Teva and United Healthcare—which turned in large part on a he-said-she-said dispute with a client about authority to sign a settlement agreement—should scare every lawyer.

12 minute read

Judge Trims 'DC Rates' in Pittsburgh Employment Case

Max Mitchell | September 20, 2018

Attorneys from Washington, D.C., may not have secured all of the fees they were seeking, but they are still set to receive more than $2 million for handling a series of employment lawsuits in the U.S. District Court for the Western District of Pennsylvania.

3 minute read

Daily Dicta: If Jeff Sessions Exits as AG, Who Would Replace Him? (Or Even Want to?)

Jenna Greene | September 20, 2018

“I don't have an attorney general. It's very sad."

8 minute read

Ashley Judd's Suit Against Weinstein Moves Forward, Minus Sexual Harassment Claims

Ian Lopez | September 19, 2018

A federal judge in Los Angeles denied Harvey Weinstein's motion to toss a defamation lawsuit filed by actress Ashley Judd. Weinstein had argued that the claims were barred by applicable statutes of limitations.

4 minute read

Daily Dicta: Want to Seal that Docket? Not So Fast

Jenna Greene | September 19, 2018

My pet peeve is that courts are far too willing to seal documents or dockets--but a judge in Maryland took a strong stand for transparency in a case involving a real estate nightmare.

8 minute read

Pro Wrestling Concussion Suit Becomes Triple Threat Match Featuring K&L Gates

Roy Strom | September 19, 2018

A three-way war of words has broken out in the wake of a dismissed concussion-related suit involving World Wrestling Entertainment and its lawyers from K&L Gates, a plaintiffs attorney and a judge.

6 minute read

Simpson Thacher Settles Recruiter's Suit Over Sullivan & Cromwell Hire

Christine Simmons | September 19, 2018

The deal to end litigation over a partner placement came as Simpson Thacher faced the potential release of more internal firm documents.

3 minute read

As Kavanaugh Controversy Persists, Get Ready for an 8-Justice Supreme Court

Tony Mauro | September 19, 2018

“We all do the math. Four out of eight is harder than four out of nine. It will slow down the pace of grants. Maybe some people think that's a good thing, but Supreme Court practitioners don't,” says Kirkland & Ellis partner Paul Clement.

5 minute read

Mark Judge Won't Testify at Kavanaugh Hearing, His Cozen O'Connor Lawyer Says

Ellis Kim | September 18, 2018

Mark Judge has hired Cozen O'Connor's Barbara Van Gelder as some senators seek his testimony about an alleged sexual assault that involved the Supreme Court nominee decades ago.

3 minute read

Visa, Mastercard Agree to Pay $6.2B to Settle Antitrust Class Action

Andrew Denney | September 18, 2018

Visa, Mastercard and a number of U.S. banks have reached an agreement to pay $6.2 billion to settle a long-running class action suit brought by millions of merchants over card swipe fees.

5 minute read

Daily Dicta: Kavanaugh—Nobody's Fool—Reportedly Lawyers Up Big Time

Jenna Greene | September 18, 2018

That Brett Kavanaugh would recognize the need to hire Beth Wilkinson only attests to his legal acumen.

6 minute read

Musk Sued for Defamation by British Caver He Called 'Pedo Guy' on Twitter

Ross Todd | September 17, 2018

The lawsuit marks the second time this month that Musk's tweeting has resulted in a lawsuit following earlier securities suits based on his tweets about taking Tesla private.

3 minute read

Trump Lawyers Push Back on Ex-'Apprentice' Contestant's Effort to Get Info About More Accusers

Andrew Denney | September 17, 2018

President Donald Trump is pushing back against an effort by a woman suing him for defamation for the president to produce information about other women who have accused him of sexual harassment, deriding it as a means to harass and distract him from his official duties.

5 minute read

Daily Dicta: After World Court Win, This Debevoise Partner Is (Almost) a Celebrity in Doha

Jenna Greene | September 17, 2018

When Debevoise partner Catherine Amirfar represented Qatar at the World Court, the nation was watching.

8 minute read

Kavanaugh Accuser in Going Public Puts New Pressure on Republicans

Marcia Coyle | September 16, 2018

A spokesman for the Senate Judiciary Committee said in a statement Sunday: "It's disturbing that these uncorroborated allegations from more than 35 years ago, during high school, would surface on the eve of a committee vote after Democrats sat on them since July."

6 minute read

Greg Craig Repped by Zuckerman's Bill Taylor Amid SDNY Investigation

Ellis Kim | September 15, 2018

The former of counsel at Skadden is facing a federal investigation tied to special counsel Robert Mueller's probe into Russian interference in the U.S. elections.

3 minute read

Paul Clement on Brett Kavanaugh and the Term Ahead

Vanessa Blum | September 14, 2018

The Kirkland & Ellis partner reflects on Brett Kavanaugh's confirmation hearings, his judicial philosophy and what to expect in the coming Supreme Court term.

2 minute read

Litigators of the Week: In 'Nuclear' Showdown over CBS, Cleary's Kotler and Hou on Top

Jenna Greene | September 14, 2018

It's not always obvious who comes out on top when cases settle—but this time, the consensus was clear. “Shari Redstone emerges winner." Cleary Gottlieb's Meredith Kotler and Victor Hou led her litigation team in the fight for control over CBS.

12 minute read

AG Sessions, Nodding to Justice Thomas, Takes New Swing at National Injunctions

Mike Scarcella | September 13, 2018

U.S. Attorney General Jeff Sessions: "This kind of judicial activism did not happen a single time in our first 175 years as a nation, but it has become common in recent years. It has happened to the Trump administration 25 times in less than two years."

4 minute read

Daily Dicta: Is Being a Federal Judge All That It's Cracked Up to Be?

Jenna Greene | September 13, 2018

After seven years on the bench, U.S. District Judge Katherine Forrest has re-joined Cravath, Swaine & Moore as a partner. Is it possible being a judge isn't the perfect job after all?

7 minute read

Be Nice to the Court: Tips on How to Be Considerate

Myron Moskovitz | September 13, 2018

Recently, I was brought in by an appellant's attorney to review his draft opening brief. I noticed that the precise language of a settlement agreement would play a very important role in how the appellate court decided the case.

5 minute read

Mylan, Valeant Go to War Over Katten Disqualification

Scott Graham | September 13, 2018

Valeant's attempt to disqualify a team of Katten Muchin Rosenman patent litigators led to a showdown Wednesday at the Federal Circuit.

10 minute read

Ex-Dickstein Shapiro Lawyers Sue Blank Rome for $4 Million in Unreturned Capital

Ross Todd | September 12, 2018

The lawsuit, filed in California state court Wednesday, claims that Blank Rome styled its 2016 merger with Dickstein Shapiro as an “asset sale” to avoid paying out capital contributions to departed partners.

3 minute read

Covington and Debevoise Report on CBS May Stay Secret as Lawyers Try to Convince Employees to Talk

Jenna Greene | September 12, 2018

The CBS Board of Directors hired a top-notch team of women lawyers to investigate misconduct by ex-chairman and CEO Les Moonves—but that doesn't mean we'll see any of their work.

8 minute read

'Low Testosterone' Cases Come to an End Via Settlement

Amanda Bronstad | September 12, 2018

After kicking off with two verdicts awarding over $140 million, the docket of more than 6,000 cases alleging "low testosterone" treatments caused heart attacks and bloodclots comes to an end in a global settlement.

3 minute read

Trump's Tax Returns Get Their Day in the DC Circuit

Mike Scarcella | September 12, 2018

Well, not the returns themselves. Because Trump hasn't released them. But there is a public-records case, set for argument Thursday in the D.C. Circuit, that seeks to force the IRS to disclose the records.

5 minute read

Yes, 97 Percent of Cases Settle. But It Should Never Be the Only Option

Jonathan Rauchway | James Henderson | September 11, 2018

When confronted with a significant lawsuit, every company, no matter the size or industry, must make a careful assessment of the risks involved in taking the case to trial.

5 minute read

Older Workers Say 'Googleyness' Is Biased Against Them

Erin Mulvaney | September 11, 2018

Google is fighting an age-bias case that provides a peek into the hiring practices of the company, where candidates are evaluated on, among other things, their "Googleyness."

4 minute read

IVC Filter Trials Forging Ahead, With 3rd Bard Case Starting Next Week

Amanda Bronstad | September 10, 2018

So far, there's no clear victor in trials aimed at resolving 9,000 cases over the medical devices.

8 minute read

Matisse Painting Heirs Come Up Empty-Handed

Colby Hamilton | September 10, 2018

The National Gallery acquired "Portrait of Greta Moll" in 1979, but heirs of the painting's subject matter claimed an exception under the Foreign Sovereign Immunities Act to attempt to bring it back to the family.

3 minute read

IRS Agent Who Watched Suspect Go to the Bathroom Can't Dodge Invasion of Privacy of Claim

Ross Todd | September 10, 2018

The Ninth Circuit found that IRS agent Jean Noll wasn't entitled to qualified immunity after she followed the wife of a suspect to the restroom and refused to leave while serving a warrant in 2006 during a criminal tax fraud and conspiracy investigation.

3 minute read

In Malpractice Suit, Wachtell Blasts New Claims as 'Futile'

Christine Simmons | September 10, 2018

As it continues to duel with Carl Icahn-controlled CVR Energy, Wachtell argues its own initial engagement letter with former client CVR was "a mere agreement to agree" and thus not enforceable.

4 minute read

Daily Dicta: All-Star Amici Back Goldman Sachs in Decrying 'Radical' Ruling

Jenna Greene | September 10, 2018

If the stakes weren't so high, the underlying issue would almost be funny.

9 minute read

Judge Refuses White House Stay of Discovery in Census Lawsuit

Dan M. Clark | September 07, 2018

U.S. District Judge Jesse Furman of the Southern District of New York said Friday afternoon that discovery should go forward as scheduled, including a deposition of Acting Assistant Attorney General for Civil Rights John Gore.

4 minute read

Ex-Cheerleader Sues Over Efforts to Stop Kneeling Protest

R. Robin McDonald | September 07, 2018

A former KSU cheerleader has sued university officials, a former state representative and the county sheriff, claiming that her constitutional rights were violated when cheerleaders were barred from the playing field during the national anthem.

6 minute read

Litigator of the Week: Alexandra Walsh Keeps Xarelto Winning Streak Alive

Jenna Greene | September 07, 2018

Wilkinson Walsh + Eskovitz co-founder Alexandra Walsh takes the crown as Litigator of the Week, persuading a Philadelphia jury to find for the defense in a bellwether trial involving the blockbuster blood thinner Xarelto.

8 minute read

Daily Dicta: Stuck in the Litigation Slow Lane

Jenna Greene | September 06, 2018

The unusual merger case highlights a longstanding disparity between review by the Justice Department and the Federal Trade Commission.

8 minute read

Kavanaugh Denies 'Inappropriate' Contacts with Kasowitz Firm on Mueller Probe

Marcia Coyle | September 06, 2018

Sen. Kamala Harris grilled the nominee over any conversations with lawyers at Kasowitz Benson Torres about the Mueller investigation. Kavanaugh testified Thursday: "I don't recall any conversations of that kind with anyone at that law firm," Kavanaugh told Hatch.

5 minute read

Daily Dicta: Kirkland Litigators Say #MeToo Is Here to Stay—and Companies Need to Be Ready

Jenna Greene | September 05, 2018

As a nation, we've had moments of reckoning with sexual harassment before. But Kirkland & Ellis partners Lauren Casazza and Kim Nemirow believe #MeToo is different.

6 minute read

Litigator of the Week: Chris Morvillo Makes New FCPA Law (and Wins One for Dad)

Jenna Greene | August 31, 2018

Clifford Chance partner Christopher Morvillo won a precedent-setting ruling from the Second Circuit with major implications for FCPA prosecutions.

10 minute read

Papa John's Hit with Securities Class Action for Failing to Follow Its Own Ethics Policy

Colby Hamilton | August 30, 2018

The former chairman and CEO of the pizza chain resigned after reportedly using a racial slur during a conference call, but the new class action suit said additional reports about Schnatter's behavior also show the company's public statements about its corporate ethics were false and misleading.

3 minute read

Daily Dicta: A Win for Free Press and Free Trade

Jenna Greene | August 30, 2018

Passing up a chance to erect a trade barrier with Canada and stick it to the newspaper industry too, the International Trade Commission on Wednesday voted unanimously to nix import duties on newsprint.

7 minute read

Hughes Hubbard Mum on International Practice Leader's Public Exposure Charges

Roy Strom | August 29, 2018

Steven Hammond, co-chair of the firm's international practice, faces charges of public exposure and lewdness in New York.

2 minute read

Daily Dicta: Johnny Depp (and Buckley Sandler) on Top in $30M Malpractice Suit against Hollywood Power Lawyer

Jenna Greene | August 29, 2018

The suit could have a major impact across Hollywood, where lawyers and their entertainment industry clients often agree to representation based on a handshake.

7 minute read

Daily Dicta: Wait, Should We Be Taking Avenatti Seriously as a Presidential Candidate?

Jenna Greene | August 28, 2018

In some ways, Avenatti reminds me of John Edwards—a charismatic, silver-tongued plaintiffs lawyer who figures success in a courtroom should translate into success as a politician.

7 minute read

Sonoma Residents Sue Marijuana Farm Over 'Skunk-like Stench'

Cheryl Miller | August 28, 2018

The residents are seeking damages under RICO, the federal statute more often associated with organized crime prosecutions.

4 minute read

CBS Faces Securities Class Action Over Moonves Sexual Harassment Allegations

Colby Hamilton | August 28, 2018

The media company allegedly made misleading statements about the integrity of its zero tolerance sexual harassment policy after recent claims were raised against CEO Leslie Moonves and others.

3 minute read

Well, That's Awkward: When Partners Sue Their Firms and Stay on Board

Scott Flaherty | August 28, 2018

Attorneys bringing suit face personal and professional repercussions—not to mention an uncomfortable workplace—but nonetheless feel litigation has a purpose.

5 minute read

Daily Dicta: In 'Seismic' Decision, Court Says Veterans Can Bring Class Actions

Jenna Greene | August 27, 2018

"The court's decision will shape our jurisprudence for years to come and, I hope, bring about positive change for our nation's veterans ."

7 minute read

Lawyers Remember 'Maverick' John McCain's Legacy

ALM Staff | August 26, 2018

“Without a champion like McCain, comprehensive campaign finance reform never would have passed," said Trevor Potter, formerly general counsel to McCain on his presidential runs. Here's a roundup of some of what lawyers on both sides of the political spectrum are saying.

4 minute read

Litigator of the Week: Morgan Lewis' Geri Edens Wins a Lifeline for Children's Hospitals

Jenna Greene | August 24, 2018

A former nurse, Morgan, Lewis & Bockius partner Geri Edens is helping some of the nation's largest pediatric hospitals stay afloat via a series of successful suits challenging a new Medicaid payment regime,

7 minute read

Report: Covington Partner Denied ZTE Monitorship Over 'Never Trump' Letter

C. Ryan Barber | August 24, 2018

Peter Lichtenbaum, who co-chairs Covington's international trade and finance practice, was among 50 signatories on the "Never Trump" August 2016 letter. U.S. Commerce officials have reportedly chosen former U.S. attorney Roscoe Howard to lead the ZTE compliance monitor team.

5 minute read

Judge Who Ordered Feds to 'Turn That Plane Around' Blocks Another Deportation

C. Ryan Barber | August 23, 2018

U.S. District Judge Emmet Sullivan this month lambasted federal officials for the unauthorized removal of a woman and her daughter while their emergency court challenge was unfolding in Washington, D.C.

4 minute read

AG Sessions, Resisting Trump, Renounces 'Political Considerations' at Justice Dept.

ALM Staff | August 23, 2018

Jeff Sessions, who has weathered debasement from Trump over many months, was responding to new criticism from the president that his attorney general "never took control of the Justice Department."

3 minute read

Widow of Reed Smith Partner Loses $3 Million Verdict on Appeal

Roy Strom | August 23, 2018

A Chicago jury's $3 million award to the widow of former Reed Smith partner Stewart Dolin has been dismissed after an appeals court held that GlaxoSmithKline was prevented by the FDA from adding a suicide warning to the label for Paxil.

4 minute read

Daily Dicta: Skadden Client Forfeits $40M in Attorney Fees in Oculus/Facebook Fight

Jenna Greene | August 23, 2018

U.S. District Judge Ed Kinkeade presided over one of the highest-profile trials of 2017—a suit against Facebook Inc. by game maker ZeniMax Media Inc.. But in a newly unsealed ruling, he wrote that he was on the verge of ordering a new trial.

8 minute read

Daily Dicta: The Ex-Kirkland Partner behind the Cohen Case

Jenna Greene | August 22, 2018

From the beginning, there was one sign Michael Cohen was in big trouble: Robert Khuzami was overseeing his prosecution.

9 minute read

Michael Cohen GoFundMe Campaign by Lanny Davis Flooded with Donations

Ryan Lovelace | August 22, 2018

Whether they advised him to admit to the government's allegations or not, Michael Cohen's guilty plea may have an immediate upside for his lawyers.

2 minute read

Daily Dicta: In EpiPen Suit, Kansas Judge Sticks it to Mylan

Jenna Greene | August 21, 2018

When you've got a 6-year-old who suddenly can't breathe, the notion of an EpiPen as a profit center becomes obscene.

9 minute read

Pa. Justices Reject Law Firm's Appeal in Suit Against Bank Over Ex-Partner's Theft

Zack Needles | August 21, 2018

The Pennsylvania Supreme Court denied allocatur in the case, rejecting the firm's appeal from a Superior Court ruling earlier this year granting summary judgment to the bank.

6 minute read

Justin Timberlake and Britney Spears Score at the Federal Circuit

Scott Graham | August 20, 2018

Justin Timberlake, Britney Spears and their production companies won all requested attorney fees in a patent fight over panoramic displays.

3 minute read

Class Lawyers Already Got $60M in Fees. Now They Want More?

Marcia Coyle | August 20, 2018

The U.S. Justice Department is resisting a supplement fee request on top of the $60.8 million class counsel was awarded for their work in a Native American farmer and rancher Obama-era settlement with USDA.

5 minute read

Daily Dicta: McGahn, Mueller and the Peril of 'Fulsome' Answers

Jenna Greene | August 20, 2018

Thirty hours is an awfully long time for White House Counsel Donald McGahn to be interviewed by Robert Mueller III's team and not reveal anything—intentionally or not—that could damage Donald Trump.

7 minute read

Ex-Big Law Partner Greebel Gets 18 Months in Prison for Shkreli Fraud Scheme

Andrew Denney | August 17, 2018

Evan Greebel, a former partner at Kaye Scholer and Katten Muchin Rosenman, is headed to prison after working with disgraced pharmaceutical executive Martin Shkreli to defraud investors.

6 minute read

HUD Sues Facebook for Housing Discrimination

Ian Lopez | August 17, 2018

HUD's complaint comes in an ongoing SDNY litigation against the social media company for alleged discrimination on grounds such as sex, race and family status.

2 minute read

Litigators of the Week: Gibson Dunn's Estrada and Weigel Strike Gold in Venezuela Fight

Jenna Greene | August 17, 2018

Miguel Estrada and Robert Weigel's client wasn't the first company to have its assets seized by the government of Venezuela—but the Gibson Dunn duo was the first to come up with a viable way for them to collect what they're owed.

8 minute read

First Questions from Manafort Jury Include Defining 'Reasonable Doubt'

C. Ryan Barber | Ellis Kim | August 16, 2018

Responding to that request, the judge said the prosecution bore the burden of proving its allegations beyond a reasonable doubt, but not beyond “all possible doubt.”

3 minute read

Prosecutors Cite Family Financial Dispute in Shooting of Mayer Brown Partner

Roy Strom | August 16, 2018

A dispute over family money allegedly led Stephen Shapiro's brother-in-law, John Gately III, to kill, prosecutors said.

5 minute read

Daily Dicta: Netflix and Chill, Willkie Farr Style

Jenna Greene | August 16, 2018

A Willkie Farr team led by Antonio Yanez, Jr. was tapped by film studio Relativity Media in $75 million dispute with Netflix--and trial was in 27 days.

8 minute read

With Malpractice Claim, Kasowitz Gets 'Some of Its Own Medicine'

Christine Simmons | August 15, 2018

"Now Kasowitz is getting some of its own medicine," said Stephen Meister of Meister Seelig & Fein, the defendant in an earlier malpractice case handled by Kasowitz Benson Torres.

5 minute read

AT&T Hit With $224M 'SIM Swap' Suit for Cryptocurrency Theft

Ross Todd | August 15, 2018

Entrepreneur Michael Terpin sued the phone carrier, claiming that it should be held liable for fraudsters who hijacked his mobile phone number to steal about $24 million worth of cryptocurrency. The suit also seeks $200 million in punitive damages.

3 minute read

Daily Dicta: Tinder Founders Swipe Right on Gibson Dunn's Orin Snyder in $2B Suit

Jenna Greene | August 15, 2018

In a New York State Supreme Court lawsuit, Tinder co-founders and key employees allege that the parent companies manipulated financial information to undercut the value of their stock options.

9 minute read

In Closing Argument, Manafort Defense Goes After Rick Gates' Credibility

C. Ryan Barber | August 15, 2018

Defense attorneys described the government as “so desperate” to get Manafort, that they cut a plea deal with Gates that might allow him to walk free.

5 minute read

Manafort Prosecutors Used the Few Tools Available to Confront Tough Judges

Mike Scarcella | August 14, 2018

The Manafort judge's interventionist style prompted discussions in legal circles and on cable talk shows about whether he had gone too far, with some observers arguing the judge's hands-on approach and regular rebukes against prosecutors would have been fodder for a mistrial if the defense had been on the receiving end.

6 minute read

Murder of Mayer Brown Partner Shocks Colleagues, Appellate Bar

Ryan Lovelace | August 14, 2018

Stephen Shapiro's sudden death sparked an outpouring of reactions and remembrances from friends and fellow practitioners.

3 minute read

Daily Dicta: Disney Rebuffed in Suit Against Birthday Party Performers

Jenna Greene | August 14, 2018

Disney and its lawyers from Arnold & Porter have been handed a setback in an ill-conceived suit targeting costumed children's birthday party entertainers.

7 minute read

In Manafort Trial, Defense Lawyers Get Their Turn

Mike Scarcella | August 13, 2018

U.S. prosecutors rested their case Monday against Paul Manafort, the first Mueller defendant to go to trial. Now it's the defense lawyers' turn in Virginia federal court. We'll learn a lot more Tuesday morning.

3 minute read

Daily Dicta: Paying for Plaintiffs? RICO Suit Accuses California Firm of Bribing Plaintiffs

Jenna Greene | August 13, 2018

In an explosive lawsuit, a Southern California firm is accused of bribing cash-strapped 20-somethings to serve as lead plaintiffs and submit false testimony.

9 minute read

In Apparent Overdose, Litigation Funding Pioneer Found Dead at 51

Roy Strom | August 13, 2018

Dennis Shields, also the on-again, off-again boyfriend of "The Real Housewives of New York City" star Bethenny Frankel, died from an apparent overdose.

3 minute read

Jury Slams Monsanto With $289M Verdict Over Roundup Weed Killer

Amanda Bronstad | August 10, 2018

Jurors awarded $39.2 million in compensatory damages and $250 million in punitive damages to plaintiff DeWayne “Lee” Johnson.

3 minute read

Veteran Special Master in 'Florida v. Georgia' Water Dispute Discharged by Supreme Court

Tony Mauro | August 10, 2018

No matter what the reason for the U.S. Supreme Court's decision, it will reduce future litigation costs for both Florida and Georgia as the fact-finding continues.

3 minute read

Litigator of the Week: Sharing the Limelight--and Reaping the Glory

Jenna Greene | August 10, 2018

Representing Canadian technology company WiLAN, McKool Smith founder Mike McKool scored a $145 million jury verdict against Apple.

7 minute read

Plaintiffs Lawyers Claim Apple Is Hiding Right to Sue from iPhone Throttling Customers

Amanda Bronstad | August 09, 2018

Plaintiffs lawyers are asking Apple to stop all communications with customers about refunds and replacements unless they notify them about their right to sue. A hearing on the matter is set for Sept. 28.

5 minute read

Icahn Ordered to Resume Deposition in Wachtell Malpractice Case

Christine Simmons | August 09, 2018

Wachtell said questioning the investor and former President Donald Trump adviser about energy policy is relevant to his credibility, arguing Icahn-controlled CVR Energy sued the firm because "he does not like Wachtell. It was brought as payback."

5 minute read

Daily Dicta: Why 23 Beer Drinkers Can't Un-Do a $107B Merger

Jenna Greene | August 09, 2018

It's one of the quirkier corners of antitrust law: Private plaintiffs can sue to block mergers. But extracting a settlement is another matter.

7 minute read

In Retaliation Suit, Ex-Morgan Stanley Lawyer Claims He Was Pushed Out for Raising Corruption Concerns

C. Ryan Barber | August 09, 2018

U.S. labor judge confronts "unsettled" litigation-funding issue in whistleblower Christopher Garvey's case against the investment bank. Morgan Stanley contends Garvey, who was based in Hong Kong, voluntarily resigned.

10 minute read

In Formal Grievance, Immigration Judges Say their Independence Is 'Under Siege'

Max Mitchell | August 08, 2018

Judge A. Ashley Tabaddor, the head of the immigration judges' union, filed a grievance with the DOJ's Executive Office of Immigration Review over the removal of a colleague in Philadelphia.

1 minute read

Daily Dicta: As California Burns, PG&E Taps Cravath, Wilson Sonsini and Quinn to Contain Massive Liability

Jenna Greene | August 08, 2018

Once again, California is burning—and the potential liability for Pacific Gas & Electric is reaching staggering proportions.

8 minute read

GOP Congressman Chris Collins Charged in Insider Trading Conspiracy

Colby Hamilton | August 08, 2018

The upstate New York Republican allegedly passed along nonpublic information to his son from an Australian drug company whose board he sat on in 2017, Manhattan federal prosecutors said.

1 minute read

Daily Dicta: This Big Law Firm Is the (Unlikely) PR Champ of the Day

Jenna Greene | August 07, 2018

Here's a fun experiment: Four big law firms and two smaller ones on Monday could all legitimately claim a win in a billion-dollar antitrust suit. But who was quickest out of the gate to tout the shared victory?

8 minute read

Feds Want Orrick out in Jawbone Trade Secrets Case

Ross Todd | August 06, 2018

The lead prosecutor in a trade secret case against six former Jawbone employees who left for Fitbit claims that Orrick and partner Randy Luskey are conflicted since they previously represented Fitbit and co-defendants in the investigation and prior civil litigation with Jawbone.

1 minute read

Daily Dicta: Fourth Circuit Thumbs its Nose at Richard Posner and His Fight for Pro Se Justice

Jenna Greene | August 06, 2018

Since he retired from the U.S. Court of Appeals for the Seventh Circuit last year, Richard Posner has been on a mission to make the justice system more accessible and responsive to pro se litigants. The Fourth Circuit is not impressed.

11 minute read

In Wachtell Malpractice Suit Deposition, Carl Icahn Gets Testy

Christine Simmons | August 03, 2018

“Why don't you say how are you getting along with your wife, and we can discuss that now?” Carl Icahn told a lawyer from Wachtell, Lipton, Rosen & Katz during a heated deposition that ended quickly.

2 minute read

Letter to the Editor

Litigator Cris Arguedas on 'What It Takes to Be a Trial Lawyer if You're Not a Man'

Cristina Arguedas | August 03, 2018

Arguedas: "My career has demonstrated that you can be aggressive to the point of causing discomfort for a juror if you are also effective."

1 minute read

Daily Dicta: An $82M Smackdown for the 'New Kid on the Block'

Jenna Greene | August 03, 2018

New York patent litigator John Desmarais persuaded a Delaware jury to award $82.5 million verdict to client IBM with an unlikely aid: a 30-year-old commercial.

8 minute read

Daily Dicta: Quinn Wins Big in Case against Koch Brother (and Mintz Levin)

Jenna Greene | August 02, 2018

A Delaware judge chastised Mintz Levin for "picking sides" in its work on behalf of Oxbow Carbon and Bill Koch.

8 minute read

Appellate Star Lisa Blatt Steps Into Fray, Backing Kavanaugh Nomination

Mike Scarcella | August 02, 2018

"I expect my friends on the left will criticize me for speaking up for Kavanaugh. But we all benefit from having smart, qualified and engaged judges on our highest court, regardless of the administration that nominates them," Lisa Blatt, a top appellate lawyer, wrote in an op-ed at Politico in support of the confirmation of Brett Kavanaugh to the U.S. Supreme Court.

2 minute read

Coalition of 20 State AGs Vow to Sue Over EPA's Fuel Efficiency Rollback

Dan M. Clark | August 02, 2018

The state attorneys general said in a joint statement that reversing the Obama-era regulation would be detrimental to the health of their residents and leave them paying more for gas.

5 minute read

Daily Dicta: What Did I Miss?

Jenna Greene | August 01, 2018

Vacations are great, but sorting through 1,283 new messages in my in-box...not so much.

8 minute read

'Rein in Your Facial Expressions,' Manafort Trial Judge Tells Lawyers

Nate Robson | August 01, 2018

Judge T.S. Ellis III admonished both sides on the second day of the former Trump campaign chairman's tax and bank fraud trial in Virginia.

1 minute read

Arnold & Porter Resolves $214M Malpractice Suit by Billionaire Rennert

Scott Flaherty | July 31, 2018

The law firm and The Renco Group Inc., an investment business controlled by billionaire Ira Rennert, filed a stipulation of discontinuance on Monday, looking to officially end a $214 million malpractice case against Arnold & Porter Kaye Scholer.

1 minute read

Litigators of the Week: This Defense Dream Team Is on a Roll Fighting for Employers

Erin Mulvaney | July 13, 2018

In a span of less than two weeks, Orrick partners Lynne Hermle and Jessica Perry defeated class certification in closely watched gender bias cases against Microsoft and Twitter.

6 minute read

Daily Dicta: In Charlottesville Suit, Robbie Kaplan and Karen Dunn Don't Scare Easy

Jenna Greene | July 11, 2018

Suing white supremacists is not for the faint of heart—but star litigators Roberta Kaplan and Karen Dunn are not backing down.

7 minute read

Daily Dicta: Score One for the Conservative Establishment

Jenna Greene | July 10, 2018

For an unconventional president, Donald Trump has now made two conventional Supreme Court picks—respected, well-qualified, conservative judges.

9 minute read

'Something Went Horribly Wrong, but Nothing Was Done' Ex-Wilson Elser Partner Says in Dispute with Firm

Christine Simmons | July 10, 2018

Former partner Kym Cushing said the stress of his position became too much, and he was in a "drunken stupor" when he deposited firm funds in his personal account.

9 minute read

Daily Dicta: What's a Skoda? And Why Does Covington Want Congress to Pay Attention?

Jenna Greene | July 09, 2018

How a thoroughly uninteresting fight over a Skoda car dealership in Egypt spilled into the halls of Congress--and involves some of the biggest names in law.

8 minute read

Judge Tosses $140M AndroGel Verdict as Inconsistent

Amanda Bronstad | July 06, 2018

The ruling is another setback for plaintiffs lawyers in the low-testosterone multidistrict litigation.

1 minute read

Litigator of the Week: Record $625M Award against PwC Proves You Don't Need Big Law for Big Wins

Jenna Greene | July 06, 2018

Stephen Sorensen scored the biggest damages award ever against a global public accounting firm, and broke new legal ground along the way.

5 minute read

Daily Dicta: Food Fight: Celebrity Chef Sues Ex-Partners

Jenna Greene | July 06, 2018

Celebrity vegan chef Chloe Coscarelli is in the midst of a nasty food fight with her former restaurant partners.

1 minute read

First Trial Linking Monsanto's Roundup to Cancer Set to Open

Amanda Bronstad | July 06, 2018

Opening statements in the first trial over whether Monsanto's Roundup herbicide caused a user to get cancer are set to begin on Monday in San Francisco.

1 minute read

Houston Federal Judge Gets Slapped by Fifth Circuit for Alleged Sexist Remarks

John Council | July 05, 2018

Lambasting a female prosecutor, U.S. District Judge Lynn Hughes told her, "We didn't let girls do it in the old days.”

1 minute read

Daily Dicta: For Cravath's Chesler, a Crowning Achievement

Jenna Greene | July 05, 2018

Cravath Chairman Evan Chesler led American Express to victory last week in his first Supreme Court argument. It's a long way from selling hot dogs in Yankee Stadium as a kid.

1 minute read

For Blank Rome, Switching Sides to Sue Insurers Is Paying off

Lizzy McLellan | July 04, 2018

Two years after making a big bet to switch sides, the firm's gamble appears to be paying off.

1 minute read

White House Acted in Bad Faith Over Census Citizenship Question, Judge Rules

Dan M. Clark | July 03, 2018

A Manhattan federal court judge on Tuesday made a preliminary finding that there was “strong” evidence the Trump administration acted in bad faith when deciding to ask about citizenship on the 2020 census in ruling to move forward New York Attorney General Barbara Underwood's lawsuit over the question about citizenship.

4 minute read

Court in Missouri Tosses $55M Talc Verdict

Amanda Bronstad | July 03, 2018

The Missouri Court of Appeals decision on June 29 is the third ruling to reverse a jury award against Johnson & Johnson over its baby powder, which thousands of lawsuits have alleged caused women to get ovarian cancer.

1 minute read

Law Firm Loses Bid to Force Yelp to Remove Bad Review

Cheryl Miller | July 02, 2018

"With this decision, online publishers in California can be assured that they cannot be lawfully forced to remove third-party speech through enterprising abuses of the legal system, and those of us that use such platforms to express ourselves cannot be easily silenced through such tactics either," Yelp deputy general counsel Aaron Schur said in a blog post.

1 minute read

'Army' of Lawyers on Standby to Back Kavanaugh

Ryan Lovelace | July 02, 2018

A swath of Washington's legal establishment is ready to jump into action if Brett Kavanaugh gets the nod this month.

2 minute read

Daily Dicta: Down but Not Out—Three Big Cases With Big Reversals

Jenna Greene | July 02, 2018

There's a board game for little kids called “Chutes and Ladders” that often left mine in tears—one minute, you're almost at the top and about to win; the next, you've plunged to the bottom. It's a lot like litigation, as these three cases show.

8 minute read

Labaton Calls Report Railing Against Lawyers' Conduct in State Street Case 'Unmoored'

Scott Flaherty | June 29, 2018

After a special master tapped to review overbilling in a $75 million legal fee award in a securities class action settlement faulted Labaton Sucharow and its co-counsel, the firm fired off criticisms of its own.

6 minute read

From Boom to Bust, Big Law CFPB Practices Tank Under Trump

Miriam Rozen | June 29, 2018

What was once a revenue driver for several large firms has now slowed to a trickle, although some have managed to adjust in a new regulatory environment.

2 minute read

Litigator of the Week: A Justifiably Reliable Winner

Dan Clark | June 29, 2018

In a standards-defining ruling, the Countrywide Home Loans team from Simpson Thacher & Bartlett led by Joe McLaughlin came out on top in a high-stakes fight with Ambac Assurance.

1 minute read

Daily Dicta: Anthony Kennedy, You Will Be Missed

Jenna Greene | June 28, 2018

A hero to neither the left nor the right, Anthony Kennedy joined in decisions that partisans on both sides alternately loved and loathed. But I will miss him indeed.

7 minute read

Beating Beats: A Q&A With the Susman Lawyer Behind the $25M Verdict Against Dr. Dre and Jimmy Iovine

Ross Todd | June 28, 2018

Susman Godfrey partner Brian Melton led a team that won a $25 million verdict for client Steven Lamar in a royalty dispute over the high-end, celebrity-endorsed headphones.

1 minute read

$500M Award Against Facebook-Owned Oculus Halved

John Council | June 28, 2018

U.S. District Judge Ed Kinkeade has cut in half last year's $500 million award against Facebook-owned Oculus in a case in which a jury found that the company directly infringed on virtual reality technology owned by ZeniMax Media.

1 minute read

Chhabria Hits NPE and Its Law Firm With $222K Sanction for 'Impossible' Patent Claims

Scott Graham | June 28, 2018

Quarterhill subsidiary Smart Wearable Technologies and Friedman, Suder & Cooke were 'plainly irresponsible and frivolous' in patent case against Fitbit, judge rules.

1 minute read

Conservative Women Lawyers Mobilize for Kennedy Replacement to Overturn 'Roe v. Wade'

Ryan Lovelace | June 28, 2018

With the fate of abortion rights bound to be central to the fight to replace Justice Kennedy, women on the right will be key messengers for the president's nominee.

1 minute read

Litigation Funders Face Their Hardest Sell: Big Law

Roy Strom | Ben Hancock | June 28, 2018

There is more money than ever in the hands of litigation financiers. But can they convince law firms to use it?

18 minute read

What Brett Kavanaugh Says About Indicting a Sitting President

Ellis Kim | June 28, 2018

"A serious constitutional question exists regarding whether a president can be criminally indicted and tried while in office," D.C. Circuit Judge Brett Kavanaugh wrote in an article in 2009. What's one check against a "bad-behaving or law-breaking" president? Impeachment, Kavanaugh wrote.

2 minute read

Camper Struck By Falling Tree Settles for Record $47.5M

Amanda Bronstad | June 27, 2018

A young man whose leg was amputated after a 75-foot tree fell on him while camping has agreed to settle a lawsuit for $47.5 million, the largest personal injury settlement for a single plaintiff in California, according to his lawyers.

1 minute read

Jones Day Says Bias Suit Breached Partnership Pact; Ogletree Plaintiffs Reload Again

Scott Flaherty | June 27, 2018

Jones Day is looking to put a lid on a gender discrimination suit brought by former partner Wendy Moore, while women suing Ogletree Deakins are seeking to add new allegations.

5 minute read

Norton Rose Fulbright Faces $1.2M Asset Seizure in Venezuelan Dispute

Dan Packel | June 27, 2018

A Northern Virginia-based Venezuelan attorney has been battling the firm for two decades over benefits he says he was denied after being fired from predecessor Macleod Dixon.

6 minute read

Apple and Samsung Call a Truce in Long-Running Smartphone War

Scott Graham | June 27, 2018

A confidential settlement ends the seven years of litigation that included multiple nine-figure verdicts and a seminal Supreme Court design patents decision.

1 minute read

US Appeals Court Won't Force Former GC to Testify at Grand Jury

C. Ryan Barber | June 27, 2018

“Declining to hold the government to the terms of an agreement it struck would discourage private entities from cooperating with the government in the future," the 4th Circuit said Wednesday.

1 minute read

Justice Anthony Kennedy Announces Retirement, Setting Stage for Nomination Battle

Marcia Coyle | Tony Mauro | June 27, 2018

"Please permit me by this letter to express my profound gratitude for having had the privilege to seek in each case how best to know, interpret, and defend the Constitution and the laws that must always conform to its mandates and promises," Kennedy said in a letter to President Trump.

1 minute read

Daily Dicta: Take Heart—Lawyers Are Again Leading the Resistance

Jenna Greene | June 27, 2018

Yes, the Supreme Court upheld the travel ban--but the legal community is now rallying to challenge Trump's border policies. And this fight may be more winnable.

7 minute read

Case Over Fatal Phila. Food Truck Explosion Resolved in $160M Pretrial Accord

Max Mitchell | June 27, 2018

What began with a fatal explosion inside a North Philadelphia food truck has ended with a resolution that several attorneys involved called the largest global pretrial personal injury settlement in Pennsylvania history.

1 minute read

Can the President Dismantle Immigration Hearings?

David M. Shapiro | June 26, 2018

The president, in short, wants immediate deportation without judges, potentially without due process at all. Does he have the power to establish such a system?

1 minute read

In Cities' Climate Case, Alsup Points Plaintiffs to the Political Branches

Ross Todd | June 26, 2018

In dismissing a lawsuit brought by the cities of San Francisco and Oakland against five large oil companies, Judge William Alsup wrote that climate change "deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case."

3 minute read

Legal Malpractice Payouts and Defense Costs Increase: Study

Scott Flaherty | June 26, 2018

Eight of the nine leading professional liability insurers in a newly released survey said they've participated in legal malpractice payouts of at least $20 million.

1 minute read

Clarence Thomas, Alone, Asserts National Injunctions Are 'Historically Dubious'

Marcia Coyle | June 26, 2018

“These injunctions did not emerge until a century and a half after the founding," Justice Clarence Thomas wrote in a concurring opinion in the travel ban case Trump v. Hawaii. "And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this court must address their legality.”

1 minute read

Daily Dicta: Big Banks Are Off the Hook, but Law Firm Faces Liability for Overbilling the Feds

Jenna Greene | June 26, 2018

Small-time law firms allegedly cheated the government out of hundreds of millions of dollars by inflating prices for foreclosure-related legal services.

7 minute read

Former Texas Lawyer Gets Prison for Suing on Behalf of Clients He'd Never Met

John Council | June 26, 2018

A former South Texas attorney has been sentenced to five years behind bars after pleading guilty to insurance fraud and barratry for filing numerous…

1 minute read

DOMA Slayer Kaplan Brings On Debevoise Partner, Renames Firm

Dan Packel | June 26, 2018

One year after leaving Paul Weiss to start her own firm, Roberta Kaplan has brought on a new name partner from Debevoise to the rebranded Kaplan Hecker & Fink.

2 minute read

A New Litigation Funding Firm Launches With an Industry Veteran

Roy Strom | June 26, 2018

Validity Capital is the name of a new, $250 million-backed litigation funding firm led by an industry veteran.

1 minute read

Plaintiffs Lawyers Want to Depose J&J Exec Over Missing Talc Samples

Amanda Bronstad | June 25, 2018

Plaintiffs lawyers have told a New Jersey federal judge they want to depose a Johnson & Johnson representative to address why the company lost or destroyed talcum powder samples that they could have tested in cases alleging women got ovarian cancer from prolonged use of its baby powder.

1 minute read

Reed Smith Bolsters Readiness in Russia Case, Adding Appellate Duo

C. Ryan Barber | June 25, 2018

Reed Smith appellate partners James Martin and Colin Wrabley are joining the firm's court work in a Russia-related case in Washington brought by special counsel Robert Mueller III.

1 minute read

Judge Again Rules Sperm Bank Lawsuit Barred as 'Wrongful Birth' Claim

Greg Land | June 25, 2018

Fulton County Superior Court Chief Judge Robert McBurney commiserated with the plaintiffs, whose child suffers from "actual, present struggles," but said Georgia law currently does not allow such claims.

3 minute read

Supreme Court Upholds Texas Redistricting Plan Previously Reversed for Racial Gerrymandering

John Council | June 25, 2018

The U.S. Supreme Court has reversed a ruling that Texas lawmakers discriminated against minority voters by engaging in racial gerrymandering when…

1 minute read

Daily Dicta: White Collar Giant Abbe Lowell on Impeachment, Litigating in the Spotlight and Why He Moved to Winston & Strawn

Jenna Greene | June 25, 2018

A conversation with Winston & Strawn's Abbe Lowell about his career litigating at the intersection of law and politics, plus Gibson Dunn wins on appeal in case with 'breathtaking' discovery abuses.

7 minute read

Company Defends Firing Employee Who Flipped Off Trump's Motorcade

Erin Mulvaney | June 25, 2018

"Akima is not a governmental entity—it is a private company," the company's lawyers at Virginia-based IslerDare wrote in court papers asking a judge to dismiss the claims. "Therefore, Akima's termination of plaintiff's employment cannot possibly violate free speech clauses in the U.S. or Virginia Constitution."

4 minute read

Manhattan Federal Prosecutors Cancel Sit-Down With Stormy Daniels

Colby Hamilton | June 25, 2018

The adult film actress' attorney Michael Avennati said the office's decision to forego a planned interview ahead of possible grand jury testimony was "ridiculous."

1 minute read

Litigators of the Week: Cracking the 10-Year Egg Antitrust Case

P.J. D'Annunzio | June 22, 2018

Antitrust class actions almost never go to trial. But three companies trusted their legal teams to get them through—and the lawyers delivered with an across-the-board win against some of the most prominent plaintiffs lawyers in the country.

4 minute read

Judge Wood OKs Privilege Designations in Cohen Matter

Colby Hamilton | June 22, 2018

U.S. District Judge Kimba Wood approved the recommendations for privilege from special master Barbara Jones, while setting deadlines for bringing the process to a close.

1 minute read

Miles & Stockbridge Vows Appeal After Verdict for Ex-Partner

Christine Simmons | June 22, 2018

Donald English won a $231,000 verdict against his Baltimore-based firm, in the latest case to raise issues of ownership vs. worker protections in a law firm employment dispute.

6 minute read

Man Who Injured Waitress With Forcible Kiss Hit With $3M Tab by Phila. Jury

P.J. D'Annunzio | June 22, 2018

A server at the Scarpetta Italian restaurant in Philadelphia filed a lawsuit after an October 2016 incident in which a wealthy patron drunkenly grabbed her by the throat and pulled her in for an unwanted kiss.

1 minute read

Paul Manafort's Losing Streak Deepens in Washington Court

C. Ryan Barber | June 22, 2018

U.S. District Judge Amy Berman Jackson of the District of Columbia sent Trump's former campaign manager to jail last week, pending trial, and in the span of two days refused to dismiss several charges.

1 minute read

Supreme Court Expands Patent Damages Beyond US Borders, Narrowly

Scott Graham | June 22, 2018

Sidestepping the presumption against extraterritoriality, Justice Clarence Thomas' 7-2 opinion OKs damages under narrow overseas inducement statute.

5 minute read

Justices, in Nod to Privacy, Restrict Police Power to Obtain Mobile Phone Data

Tony Mauro | Marcia Coyle | June 22, 2018

The 5-4 decision in Carpenter v. United States marks a win for privacy interests in the ongoing tug-of-war over data privacy in the digital age. Chief Justice John Roberts Jr. wrote the majority opinion.

1 minute read

Litigators of the Week: Cracking the 10-Year Egg Antitrust Case

P.J. D'Annunzio | June 22, 2018

Antitrust class actions almost never go to trial. But three companies trusted their legal teams to get them through—and the lawyers delivered with an across-the-board win against some of the most prominent plaintiffs lawyers in the country.

4 minute read

Daily Dicta: Tangled Fight over Hair Dye Pits Quinn Emanuel against Paul Hastings

Jenna Greene | June 21, 2018

A big-time IP battle over hair coloring technology pits industry giant L'Oréal and its lawyers from Paul Hastings against a tiny California start-up represented by a team from Quinn Emanuel Urquhart & Sullivan.

6 minute read

3rd Circuit Panel, in Firefighter Hearing-Loss Case, Faults 'Uninformed Rush to Courthouse'

Amanda Bronstad | June 21, 2018

A federal appeals panel upheld an award of about $127,800 in attorney fees and costs to the manufacturer of fire engine sirens after finding the plaintiffs' firm had failed to investigate claims of hearing loss among firefighters while voluntarily dismissing similar cases across the country.

1 minute read

NY Federal Judge Strikes at CFPB in Case Targeting Lit Funder to 9/11 and NFL Concussion Claimants

Colby Hamilton | June 21, 2018

In a partial win for the defendants in the case, U.S. District Senior Judge Loretta Preska pulled from the dissents in a recent en banc ruling by the D.C. Circuit to find the consumer watchdog organization was unconstitutionally constructed.

1 minute read

West Virginia Supreme Court Justice Charged With Fraud, False Statements and Witness Tampering

Scott Flaherty | June 21, 2018

Under the charges in the 22-count indictment filed by federal prosecutors, the judge faces a possible sentence of 395 years in prison and a fine of $5.5 million.

1 minute read

A Kennedy Concurrence Fuels Speculation on Chevron's Future—And His

Tony Mauro | June 21, 2018

Justice Anthony Kennedy sharply criticized the Chevron doctrine, raising questions about the future of judicial deference to federal agencies, and adding to the buzz in Washington about whether he will stay or leave the court.

2 minute read

SEC's Jay Clayton Raises Fresh Concern About SCOTUS Ruling on Disgorgement

C. Ryan Barber | June 21, 2018

“I think the SEC should be in the business of getting money back for investors who are subject to that kind of fraud—a Ponzi scheme and whatnot. A possible way to do that is to give us restitution authority in those circumstances,” Clayton told members of a U.S. House committee on Thursday.

1 minute read

Daily Dicta: Are Lawsuits the Tool to Un-Do Family Separation Policy?

Jenna Greene | June 21, 2018

As everyone from the U.S. Chamber of Commerce to the ACLU recoils at the separation of migrant children from their parents, there's a clear sense that many in the legal community are eager to fight again. The question is, what exactly can lawyers do?

7 minute read

Enough With Arbitration Provisions: Litigators Hate Them and GCs Should Too

Edward S. Robson | June 21, 2018

This article examines four of the most common justifications for arbitration and suggests examination of the knee-jerk impulse to include arbitration provisions in commercial agreements.

1 minute read

Meet Dolly Gee, the Judge Who Will Consider DOJ's Request on Family Detentions

Ellis Kim | June 20, 2018

All eyes are on Judge Dolly Maizie Gee, the Los Angeles-based federal judge who will consider the Justice Department's request to modify the Flores consent decree.

1 minute read

Sacramento Judge Puts the Jeff Sessions Suit Against California on Trial

Cheryl Miller | June 20, 2018

The hearing, more than five hours long, resembled a trial at times. Mendez dove into minute details of the case, asking lawyers for relevant case law, citing arguments in the numerous amicus briefs, questioning the severability of provisions in each statute and quizzing the sides with long lists of what appeared to be prepared questions.

4 minute read

New York DFS Fines Deutsche Bank $205M for Foreign Exchange Trading Conduct

MP McQueen | June 20, 2018

The New York Department of Financial Services imposed the big civil penalty as part of a consent order with Frankfurt, Germany-based Deutsche Bank for violating state banking laws in its foreign exchange trading business, the department announced on Wednesday.

3 minute read

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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.

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.

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.

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.

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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