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News

Supreme Court Rules USPTO Can't Recover Fees When Patent Applicants Take It to Court

The decision made a winner of Irell & Manella partner Morgan Chu in his first argument to the Supreme Court and his California-based client, cancer treatment startup NantKwest.
4 minute read
News

Fifth Circuit Issues Guidance To Courts On Handling Frivolous Claims

Some claims are so insubstantial, implausible and devoid of merit that they don't raise to the level of a federal controversy, said the opinion by the U.S. Court of Appeals for the Fifth Circuit.
4 minute read
Commentary

The Worst Place to Get Sued Is…

Philadelphia tops the American Tort Reform Foundation's annual list of 'judicial hellholes.' But hey--it's also got the Liberty Bell, cheesesteak sandwiches and the "Rocky steps," so it can't be all bad.
2 minute read
Commentary

Daily Dicta: Why 2020 Looks Good for Litigators (But No One Else)

Norton Rose Fulbright surveyed nearly 300 in-house counsel about what they see on the litigation horizon in 2020.
3 minute read

Headhunter Lawsuits Put Spotlight on Secretive Industry Focused on Partner Moves

With new headhunters entering the industry and big money that can be made as partner pay packages increase, the competition for candidates and credit has gotten fierce.
6 minute read

Shout-Out: Mayer Brown Associate Wins Nationwide Preliminary Injunction in Immigration Fee Waiver Suit

"Immigration is an issue I'm really passionate about," said Niketa Patel, a sixth-year litigation associate who is based in Mayer Brown's New York office.
2 minute read

In Nike Extortion Trial, Avenatti Seeks to Exclude Evidence of Personal Finances

Avenatti claims he was merely doing his job as an advocate for his client, and said he plans to subpoena Nike over its payment practices. Trial in the case is set to begin Jan. 21.
3 minute read

Hueston Hennigan Sues DHS and ICE to Revive Hotline for Detained Immigrants Featured on 'Orange Is the New Black'

The firm's lawyers write that in "the most perverse form of art imitating life imitating art" the government shut down free access to the hotline after it appeared in a plotline in the popular Netflix prison series.
4 minute read

Mystery Recruiter ID'd in Suit Against Kilpatrick Townsend Partner Pair

"I don't think he wanted people in the legal industry knowing he sued his former clients," said a defense attorney in the breach of contract suit Partners Legal Search filed over a search fee.
4 minute read

Ex-FBI Lawyer Lisa Page, Taunted by Trump, Sues DOJ and FBI for Violating Her Privacy by Leaking Texts

Page has hired Arnold & Porter's Amy Jeffress and Kaitlin Konkel for the lawsuit.
6 minute read

DOJ Faces Skeptical Supreme Court in $12B Obamacare Dispute

"Why doesn't the government have to pay its contracts like everyone else?" Justice Stephen Breyer asked at one point during Tuesday's arguments.
5 minute read

Former DOJ Leaders Slam Barr's Commentary on Inspector General's Report

"This is the first attorney general in the history of presidential impeachment proceedings to enlist as a partisan warrior on behalf of a President," one former DOJ lawyer said in a statement issued by the conservative legal group Checks & Balances.
6 minute read

Philadelphia Court Tops 'Judicial Hellholes' List

New venues to make the American Tort Reform Association's annual Top 10 list are Georgia, for its "nuclear verdicts," and Oklahoma, due to its $572 million judgment in the first trial over the opioid crisis.
7 minute read
Commentary

Daily Dicta: Representing Corporations Does Not Make You Evil, Elizabeth Warren Edition

How could Warren in good conscience oppose asbestos poisoning victims who were fighting to bring new claims against insurance giant Travelers? The nuanced answer: Easily.
5 minute read
Letter to the Editor

Letter to the Editor: Lawyer for British Caver Who Sued Musk Claims 'Justice Worked' Despite Defense Verdict

"Nothing about Mr. Musk's comments was factual and anyone who thought otherwise would be ignoring the truth as established in a court of law," writes L. Lin Wood.
5 minute read

Weil Faces Sharp Fee Objections in Ditech Bankruptcy

The New York law firm was one of several firms overbilling for services in the Chapter 11 case of a mortgage company, the U.S. trustee found in a review of final fee applications.
4 minute read
News

Alex Kozinski Makes Post-Retirement Debut at Ninth Circuit in 'Shape of Water' Case

Nearly two years after abruptly retiring amid sexual harassment allegations, the former chief judge of the U.S. Court of Appeals for the Ninth Circuit returned to the court to argue on behalf of the son of a playwright who claims the filmmakers ripped off copyrighted elements of his father's work.
5 minute read

'Imagination Is the Only Limit' on Presidential Abuses of Power': Barry Berke Urges Trump's Impeachment

Berke and GOP counsel Stephen Castor were among those appearing before a House committee to present evidence gathered in the impeachment inquiry.
5 minute read

Read the DOJ Watchdog's Report: 'Serious Performance Failures,' But No Anti-Trump Bias'

"We did not find documentary or testimonial evidence that political bias or improper motivation influenced the FBI's decision to seek FISA authority on Carter Page," Inspector General Michael Horowitz's report stated.
3 minute read

In $10B Contract Suit Against Pentagon, Amazon Confronts Trump's 'Relentless' Criticism

Amazon's unsealed complaint said Trump "launched repeated public and behind-the-scenes attacks to steer the JEDI Contract away" from the company. Microsoft won the lucrative award.
5 minute read
Commentary

Daily Dicta: How Quinn Emanuel Team Beat $190M Defamation Suit Against Elon Musk by British Caver

Firm lawyers did a masterful job reframing the case as "an argument between two men," as Alex Spiro said in his opening. But William Price delivered the death blow with his cross examination.
14 minute read

And the LOTW Runners Up...

Honorable mention goes to lawyers from Willkie Farr; Orrick; Kirkland & Ellis; Bartlit Beck; Sullivan & Cromwell and Williams & Connolly.
3 minute read

Abuse of Power, Bribery and Obstruction: Judiciary Committee Lawyers Lay Path for Impeachment

"A President who perverts his role as chief diplomat to serve private rather than public ends has unquestionably engaged in 'high crimes and misdemeanors'—especially if he invited, rather than opposed, foreign interference in our politics," the Judiciary Committee report reads.
5 minute read

Simpson Thacher Team Resolves Ericsson's FCPA Claims for $1B

"Ericsson's corrupt conduct involved high-level executives and spanned 17 years and at least five countries, all in a misguided effort to increase profits," Brian Benczkowski, head of DOJ's criminal division, said in a statement.
5 minute read

Ginsburg Stays 2nd Circuit Ruling Requiring 'Prompt Compliance' With Subpoenas for Trump Bank Records

Ginsburg's order, which freezes in place for at least a week litigation over the subpoenas, came hours after a filing that argued the office of the presidency should be given special consideration in regard to subpoena requests, and said there was a "fair prospect" Tuesday's decision by the U.S. Court of Appeals for the Second Circuit would be overturned.
4 minute read
Analysis

Settlements in Food Labeling Class Actions Likely To Fuel More Lawsuits

As this year draws to a close, we look back on the food labeling class actions that have dominated the legal landscape in California and look ahead to the class actions that may loom large in the new year.
5 minute read
News

11 Judges in Texas Were Sanctioned. What Happened Next is a Mystery

The Houston-area judges were sanctioned in August for their bail bond practices, but the Texas Commission on Judicial Conduct has deleted their public admonitions from its website. The judges' lawyer said the sanctions were withdrawn, and the matter is concluded. But judicial ethics experts say that would be unprecedented.
4 minute read
Q&A

Litigator of the Week: A Stratospheric Win For Trial Boutique BraunHagey Founder

'We have grown used to flying under the radar, even though we have been prevailing in high profile cases since inception,' Noah Hagey said. 'You might say that underestimation is one of our strategic advantages.'
10 minute read
News

Expletive-Laden 'Negotiating Tactic' Could Result in Sanctions for SoCal Lawyer

Culver City attorney Christopher Hook referred to opposing counsel at Sheppard, Mullin, Richter & Hampton as "mother fucking cock suckers," among other slurs and epithets, in what he has labeled a "confidential negotiating tactic" to get insurer Allstate to settle with his clients.
4 minute read

Alex Kozinski Slated to Return to 9th Circuit as Oral Advocate

Kozinski, the former chief judge of the court who retired abruptly two years ago amid sexual harassment allegations, is set to make arguments before the court on Monday in a copyright case against the filmmakers behind "The Shape of Water."
5 minute read

FTC Eyeing 'Alarming' Attorney Ads on Pharma

The FTC's initiative—which comes in the wake of medical research and business groups' expressions of concern—is aimed at curbing attorney ads that could cause people to become so concerned about the safety of their medications they simply stop taking them.
7 minute read

Who Is Jeffrey Mueller? Gunmaker Remington Adds Litigator for Sandy Hook Court Fight

As the battle between the Sandy Hook families and Remington enters its sixth year of litigation, Remington has brought on a Day Pitney partner.
4 minute read
Commentary

David Boies Opens Up About That New York Times Article

In a call that lasted well over an hour, Boies answered questions about the Times piece. Pottinger had his say, too.
7 minute read
Commentary

Sex and the Text: What May Carry the Day in the Supreme Court's Title VII Cases

A Georgetown Law professor says that she's found evidence that shows transgender discrimination was included in a reasonable understanding of sex discrimination when Title VII was enacted.
6 minute read
Commentary

Daily Dicta: Sanford Heisler Sitting Pretty in $1.28B Whistleblower Suit

The 55-lawyer firm has been on a roll of late, making appearances in a slew of high profile cases.
6 minute read
News

Battle Royale: Republicans, Legal Scholars Face Off Over Donald Trump's Impeachment

Stanford's Pam Karlan sparred with Republicans on the House Judiciary Committee as she and other legal experts testified on whether Trump's conduct is impeachable.
8 minute read

DOJ Asks Appeals Court to Scrap Dentons' $7M Fee Award

The government told the U.S. Court of Appeals for the Federal Circuit it would not further question or contest novel issues tied to Dentons' third-party litigation finance arrangement.
4 minute read

Appeals Court Ponders Whether 'Diet' Means Low-Cal or Healthy When It Comes to Soda

The U.S. Court of Appeals for the Ninth Circuit heard arguments in a class action alleging Diet Dr Pepper deceives consumers into believing they will lose weight—or at least, not gain pounds. The U.S. Court of Appeals for the Second Circuit struck down a similar case this year involving Diet Coke.
4 minute read

Senate Confirms Another Judge Deemed 'Not Qualified' by the ABA

The American Bar Association cited Sarah Pitlyk's lack of trial and litigation experience for issuing the rating.
3 minute read
News

Here's What Attorneys Will Argue Over in 'Walking Dead' Trial

John Bernecker, 33, died from a 25-foot stunt fall off a balcony on "The Walking Dead" set in 2017. His parents, Susan and Hagen Bernecker, are suing AMC and affiliated entities, alleging they cut corners on budgets and safety. The defendants have denied liability, saying the death was a tragic accident.
6 minute read

Judge Dismisses Pierce Bainbridge Extortion Suit Against Ex-Partner, but Fight Continues

A California judge concluded ex-partner Don Lewis didn't have enough ties to the state for the case to proceed, keeping the battle in New York.
4 minute read
Commentary

Daily Dicta: Williams & Connolly Blasts Feds for Withholding Major Exculpatory Evidence (Again) in Blockbuster Case

"Enough is enough," the Williams & Connolly team wrote in a motion for a new trial. "Mr. Slatten's service to this country has been repaid with more than a decade of flawed legal proceedings caused by repeated government transgressions."
7 minute read
News

Sidley Vows to Fight Claims It Aided $1.3B Ponzi Scheme

"We believe the claims asserted against the firm and Mr. Sullivan are without merit, and we intend to defend the case vigorously," a spokesman for Sidley said.
3 minute read

EDNY Judge Disqualifies Sidley's James Cole From Defending Huawei

The ruling, under seal in U.S. District Court for the Eastern District of New York, came almost six months after federal prosecutors argued that an "obvious conflict of interest" should prevent the Sidley Austin partner from representing Huawei.
4 minute read

US Judge Asks Postmates to Explain Why It Hasn't Moved Forward With Courier Arbitrations

U.S. District Judge Saundra Brown Armstrong asked the company to explain why it should not be held in contempt for violating her prior order forcing Postmates to arbitrate more than 5,000 worker misclassification cases brought on behalf of individual couriers.
4 minute read

Siding With Armstrong Teasdale, Court Rules Law Firm Partners Can't Sue Under Age Bias Law

The Eighth Circuit rejected bias claims brought under the Age Discrimination in Employment Act by a partner forced out by his firm's mandatory retirement policy.
4 minute read

In 'Landslide Endorsement,' Less Than 2% of Governments Opt Out of Opioid Class Action

About 1.6% of the more than 34,000 potential class members opted out of the so-called "negotiation" class, according to a Monday court filing. Lead attorney Jayne Conroy called the turnout a "landslide endorsement" of the novel idea.
5 minute read

O'Melveny Nabs Michael Dreeben, Former Longtime Deputy Solicitor General 

"I called Walter Dellinger, asking him for advice," Dreeben said in an interview. "He suggested that I talk to O'Melveny, and the more I learned about the firm, the more engaged and intrigued I became."
6 minute read
Commentary

Daily Dicta: Willkie Team Wins Big with Art of Storytelling

Willkie Farr & Gallagher white collar partners Randall Jackson and Michael Schachter won acquittal on Monday for their client Jean Boustani on all charges stemming from an alleged $2 billion fraud and kickback scheme.
9 minute read

Trial Kicks off in Class Action Challenging Detention of 18-Year-Old Migrants

The bench trial comes in a case brought by Kirkland & Ellis and the National Immigrant Justice Center that challenges the federal government's incarceration of migrants who came to the United States as unaccompanied minors.
4 minute read

Here Are the Constitutional Law Scholars Who Will Help the House Figure Out Impeachment

The witness list includes Stanford Law's Pamela Karlan, Harvard Law's Noah Feldman, Michael Gerhardt from the University of North Carolina School of Law, and Jonathan Turley, of the George Washington University Law School.
6 minute read

Five Jane Doe Plaintiffs Settle'Mommy Track' Lawsuit Against Morrison & Foerster

News of the deals with five of the seven plaintiffs bringing gender discrimination claims against the firm comes as the remaining two Jane Doe plaintiffs prepare to lift their pseudonyms in a Dec. 10 amended complaint in the case.
3 minute read

Swirl of Ethics Questions Raised by Boies' Alliance With Epstein 'Hacker'

A reported effort by lawyers David Boies and Stan Pottinger to obtain years' worth of Jeffrey Epstein's sex tapes has some legal ethics experts wondering: Did the lawyers cross a line, or might they have eventually?
7 minute read

In Campaign-Finance Case Against Giuliani-Linked Defendants, Feds Say New Indictment Is 'Likely'

A federal prosecutor in Manhattan said Monday that a new indictment was "likely" in the criminal campaign-finance case against two associates of Rudy Giuliani.
4 minute read

Ninth Circuit Seeks to Downsize Qualcomm Class Action

A three-judge panel sounded highly skeptical of U.S. District Judge Lucy Koh's decision to certify a nationwide consumer class based on California antitrust law. But they suggested that a California only class—or California plus a handful of other states—might pass muster.
5 minute read

Gorsuch and Alito Challenge NY's 'Herculean' Effort to Prevent Gun Ruling

Justices Sonia Sotomayor, Ruth Bader Ginsburg and Elena Kagan pushed back at comments from Justices Samuel Alito Jr. and Neil Gorsuch that suggested the court could still issue a ruling on a defunct New York firearm regulation.
5 minute read
Q&A

Litigation Leaders Across the 'v': Cohen Milstein's Steven Toll on Fearless Litigation, Defense-Side Competition and the Greater Good

'When defendants see us on the other side, they know they're in for a hard-fought and, if necessary, drawn-out battle.'
10 minute read

In Africa Bribery Scam, Feds Estimate Lost Mining Rights Worth $190 Million

In a brief, Wilson Sonsini partner Moe Fodeman wrote that U.S. District Judge Nicholas Garaufis should not worry about any delay caused by the restitution process.
3 minute read

11th Circuit Panel Offers Witty Take on 'The Case of the Polite Bank Robber'

"Of course, there's no such thing as a good bank robbery," the appellate panel wrote. "But from the perspective of the Sentencing Guidelines, there are certainly less bad ones."
4 minute read

Judge Nixes Harvey Weinstein's Bid to Dismiss New Indictment Ahead of January Trial

An original 2018 indictment and the new one were consolidated to include five counts of felony sex crimes.
5 minute read

Oracle Accuses US Labor Dept. of 'Power Grab' in New Lawsuit

The complaint, filed by a team from Orrick, Herrington & Sutcliffe, raised a constitutional challenge to the Labor Department's Office of Federal Contract Compliance Programs. The office in 2017 sued Oracle over alleged discriminatory hiring and compensation practices.
4 minute read
News

Littler Sued for Negligence Suit Over Handling of Discovery

A Houston company alleges the law firm and one of its Pittsburgh shareholders provided contact information for too many potential litigants in an underlying FLSA suit, costing it excess legal and settlement fees.
3 minute read
Commentary

Daily Dicta: Top 10 Things I'm Thankful For (Litigation Edition)

From Ruth Bader Ginsburg to law firm PR people, I'm counting my blessings.
8 minute read

White House Hit With Wave of FOIA Suits Seeking Ukraine Docs

Two federal judges have even pointed to a White House counsel letter refusing to cooperate in the impeachment proceedings as a reason for granting some of the records requests.
6 minute read

'Irrelevant and Sexist': California Appellate Judges Confront Courtroom Sexism in Legal Brief

In a reply brief, defendants referred to the trial judge as "an attractive, hard-working, brilliant, young, politically well-connected judge on a fast track for the California Supreme Court or Federal Bench."
3 minute read

Brown Rudnick Hit With $300M Malpractice Suit Over Botched Bankruptcy Claim

A litigation trust established in the bankruptcy of chemical giant LyondellBasell had sought to arbitrate its claim against the firm, which instead pushed it into open court.
3 minute read

DOJ Secrecy in McCabe Records Suit Challenged

"[T]here is virtually no likelihood that any legitimate interest of the government will be harmed by disclosing the contents of the ex parte discussions," Anne Weismann, chief FOIA counsel at Citizens for Responsibility and Ethics in Washington, said in a court filing Tuesday.
5 minute read

$21M Fine Marks End of Alstom's Global Bribery Case

Alstom Network UK, the London-based subsidiary of French transportation company Alstom SA, was ordered Monday in Southwark Crown Court to pay $19.2 million in fines and nearly $1.8 million in costs within 28 days.
4 minute read

Debevoise and House Dems to Sue Wilbur Ross Over Census Documents

"Despite the committee's extensive efforts at accommodations, Secretary Ross and Attorney General Barr have refused to provide these critical documents and communications," House Democrats argued in their new lawsuit.
6 minute read
News

Atlanta Ad Firm's Antitrust Suit Seeks to Break Up Google

The complaint filed by Atlanta ad firm Inform Inc. and lawyers at Herman Jones accuses Google of using its market power to eviscerate competition at the expense of consumers and innovation.
4 minute read
Commentary

Daily Dicta: 'Poisonous Goldfish Bowl': How Sondland's Lawyers from Paul Hastings Kept Him Afloat

"I was not interested in being a utensil—a dinner fork you pick up and use to stab somebody," Luskin said. "Any potential client had to have some respect for the process, for the integrity of the process. Gordon fit the bill from our perspective."
6 minute read

Amazon Taps Gibson Dunn, MoFo Teams to Sue Pentagon Over $10B Cloud Contract

The Gibson Dunn team includes veteran Supreme Court advocate Ted Olson and Theodore Boutrous Jr., whose First Amendment media advocacy has pit him against the Trump administration. Morrison & Foerster's Kevin Mullen is counsel of record for Amazon.
4 minute read

SF Judge Has 'Significant Concerns' About Proposed $11M Settlement in Postmates Class Action

In a tentative order, San Francisco Superior Court Judge Anne-Christine Massullo had more than 30 questions about the terms of a deal that plaintiffs lawyers at Lichten & Liss-Riordan and Postmates counsel at Gibson, Dunn & Crutcher reached to settle claims that delivery workers had been misclassified as independent contractors.
3 minute read

Winning Lawyers in Palm Restaurant IP Fight Awarded $4.5 Million in Fees, but Bankruptcy May Delay Payment

The suit, which involved the descendants of the two Italian immigrants who founded the first Palm on Manhattan's Second Avenue in 1926, led Justice Andrea Masley to award more than $120 million to the plaintiffs in November 2018.
4 minute read

Major Lindsey Settles Suit Against Rival Recruiter

Major Lindsey sued rival MLegal in Washington's federal trial court, alleging a former partner's move had violated provisions of a noncompete.
4 minute read
News

That's Why It's Called a 'Brief': Federal Judge Lops Excess Pages From Long Filing

Judge Michael Brown of the Northern District of Georgia said he would not consider the arguments raised in the pages that exceed the court's 25-page limit for briefs.
5 minute read

DC Circuit Panel Skeptical of Lawyer Suing Trump Over His DC Hotel

Judges Merrick Garland, Thomas Griffith and Stephen Williams were skeptical of arguments brought forward by attorneys representing Cork Wine Bar.
5 minute read
Q&A

Litigator of the Week: $1B Jury Verdict for Davis Wright Tremaine's Di Lorenzo

"A damages award against the state is an equalizer. It is a means of matching the burdens with the benefits in a more equitable way. "
10 minute read

And the LOTW Runners Up...

Honorable mention goes to lawyers from Kirkland & Ellis; Mintz Levin; Sidley Austin; Baker Botts and Pryor Cashman.
3 minute read

How GM General Counsel, Kirkland Attorneys Leveraged US Corruption Probe to Sue Fiat Chrysler

On Wednesday the GM lawyers filed a federal racketeering lawsuit against Fiat Chrysler, accusing Fiat of "a systemic and near decade-long conspiracy to bribe senior union officials to corrupt the collective bargaining process and labor relations" to GM's detriment.
4 minute read

Drug Companies Sued Over Zantac Recall Tap Big Law Stars for Defense

Defense lawyers include Anand Agneshwar, co-chairman of Arnold & Porter's products liability litigation practice. His client, Sanofi, voluntarily recalled Zantac on Oct. 18 after the FDA discovered it contained an ingredient that could cause cancer.
5 minute read

Mayweather and Pacquiao Both Declared Winners in Legal Bout Over 'Fight of the Century'

A Ninth Circuit panel held that viewers of the 2015 boxing match between Floyd Mayweather and Manny Pacquiao had "no cognizable claim" stemming from Pacquiao's failure to disclose a shoulder injury suffered in the run-up to the fight.
3 minute read

Former Locke Lord Partner Swiftly Convicted in $400M Crypto Case

Former Locke Lord partner Mark S. Scott was convicted Thursday of conspiracy to commit bank fraud and launder $400 million in proceeds from a cryptocurrency scam, according to federal prosecutors.
3 minute read
News

Slowpoke: This Federal Judge Leads the Nation in Motions Pending More Than Six Months

"I know the numbers aren't where Judge Brown wants them," said Jim Hatten, the chief clerk of the U.S. District Court for the Northern District of Georgia.
4 minute read
News

Vegan Brings Putative Class Action Against Burger King Over Impossible Whopper

A Georgia vegan alleges in Florida court that Burger King Corp. duped him into thinking he was eating a meat-free Impossible Whopper, which it cooked on the same grill as meat patties.
3 minute read
Commentary

Everything You Wanted to Know About Litigation Dept. of the Year (But Were Afraid to Ask) 

Congratulations to all of the finalists. Your submissions, presentations and, more importantly, the work that you do, are all exceptional.
4 minute read

Retired Baker McKenzie Partner Challenges California's 'Woman Quota' Law

"Women are capable of earning a spot on corporate boards without the government coercing businesses to hire them," Pacific Legal Foundation, representing named plaintiff Creighton Meland Jr., said in the complaint in California.
3 minute read

Litigation Funders Find Traction With Smaller Firms

While the supply of capital may be outstripping demand for now, a litigation finance broker thinks growing awareness will lead to greater adoption. 
3 minute read

Gordon Sondland Knocks Trump's Personal Lawyer in Impeachment Testimony: 'We Did Not Want to Work With Mr. Giuliani'

"The men and women of the State Department, not the President's personal lawyer, should take responsibility for Ukraine matters," Gordon Sondland, the U.S. ambassador to the European Union, said in a prepared statement delivered Wednesday to House impeachment investigators.
5 minute read
Commentary

Daily Dicta: Cravath Challenges Man Who Says PG&E Owes Him $280M for Giant Emerald Lost in Fire

Hey c'mon—who doesn't have a 500 pound emerald worth hundreds of millions just lying around the house?
5 minute read

Here Comes the Suit: The Beatles Sue for Trademark Infringement in Florida

Help! They need somebody. Not just anybody: Former members of The Beatles and their successors have hired Fort Lauderdale lawyers to sue over alleged trademark infringement.
3 minute read

With Lagoa Confirmation, Trump Flips 11th Circuit to GOP Majority

The Second, Third and Eleventh circuits have all transitioned to a majority of Republican-appointed judges under Trump.
4 minute read

Pompeo Taps Quinn Emanuel's Bill Burck in Impeachment Probe

Burck, whose Trump administration clients have also included Donald McGahn and Steve Bannon, is already representing senior NSC lawyer John Eisenberg in the House impeachment inquiry.
3 minute read

Florida Lawyer Charged in SDNY With Filing Hundreds of Sham ADA Lawsuits

The six-count indictment, unsealed late Tuesday, accused Stuart Finkelstein of filing more than 300 lawsuits in Manhattan and South Florida on behalf of two clients, without their permission.
2 minute read
News

Recruiter Sues Freshfields, Claiming Credit for Cleary Rainmaker's Move

Boston Executive Search Associates claims it introduced Freshfields to M&A dealmaker Ethan Klingsberg in late 2018 but was never paid for its efforts.
3 minute read

New Testimony Puts Focus on White House Lawyer Eisenberg's Role in Ukraine Affair

John Eisenberg, the top lawyer for the National Security Council and a former Kirkland & Ellis partner, has refused to sit for questioning in the House impeachment inquiry. But he figured prominently at Tuesday's hearing.
7 minute read

Class Action Objector Ted Frank Opposes $1.4B Equifax Data Breach Settlement

Frank, director of the Center for Class Action Fairness at the Hamilton Lincoln Law Institute, wrote in a Tuesday filing that the deal unfairly compensates some customers over others and awards excessive fees to plaintiffs' attorneys.
6 minute read

Check Out the 2020 Elite Trial Lawyers Finalists

ALM launches a new partnership with The National Trial Lawyers to honor firms achieving results for plaintiffs in cutting-edge matters.  
10 minute read

Epstein Guards Plead Not Guilty to Faking Records on Night of His Death in US Custody

Guards Tova Noel and Michael Thomas were accused in a 20-page indictment of preparing records to make it appear as though they were conducting mandatory counts of prisoners in the special housing unit of Manhattan's Metropolitan Correctional Center, when in fact they had not, according to the U.S. attorney for the Southern District of New York.
7 minute read
Q&A

Litigation Leaders: Latham's Michele Johnson on Client Service, Team Culture and Playing to Win

'We don't just neutralize the other side's best facts; we incorporate them as part of our affirmative story. '
13 minute read

Attorneys for DoorDash Workers Call Company's Arbitration Moves 'Unethical and Unlawful'

Lawyers at Keller Lenkner claim that moves the company and its counsel at Gibson, Dunn & Crutcher took to push a new arbitration agreement directly to their "Dasher" clients via the delivery app skirted ethical rules against communicating directly with a represented party. Gibson Dunn lawyers have previously called Keller Lenkner's arbitration tactics a "shakedown."
5 minute read

Beyond Antitrust, DOJ Expands Its Review Into Big Tech Companies

U.S. Deputy Attorney General Jeffrey Rosen made clear Monday that the Department of Justice is continuing its serious examination of antitrust issues in the online technology industry, and that it won't hesitate to expand the review into other areas.
3 minute read

GM, Fiat, Maserati Among Car Makers Sued for Patent Infringement

Blitzsafe Texas, based in Marshall, has filed 15 lawsuits in four years against the world's largest automakers for allegedly infringing its two patents for a device that integrates a mobile device with a car's stereo system. The company sued General Motors Co., Fiat Chrysler Automobiles and Maserati North America.
3 minute read

Stihl Wins Defense Verdict in Suit Alleging Leaf Blower Caused Strokes

A Philadelphia jury has found in favor of equipment manufacturer Stihl in a products liability case filed by a man who claimed he suffered several strokes because a strap from a backpack-mounted leaf blower pinched his carotid artery.
3 minute read

Trump Tax Return Cases Could Put Time Squeeze on SCOTUS

The Supreme Court on Monday put on hold enforcement of a U.S. House subpoena for Trump financial records. The court could decide as early as Thursday whether—and when—to hear Trump's arguments for keeping his tax return information secret.
4 minute read

SCOTUS Takes a Pass on 'Pharma Bro' Martin Shkreli's Appeal

Martin Shkreli, convicted of securities fraud, was CEO of Turing Pharmaceuticals, when sudden increases in the price of lifesaving drugs attracted media coverage and questions from Congress.
2 minute read
Commentary

Daily Dicta: Kirkland in a Dog Fight Over the Latest in Pet Comfort

Who knew the market for self-cooling pet mats was so lucrative?
5 minute read
News

Skadden Team Helps Win Execution Stay for Rodney Reed

Texas inmate Rodney Reed, who had been scheduled to die on Nov. 20, was convicted of the 1996 murder of Stacey Stites.
2 minute read

And the LOTW Runners Up...

Honorable mention goes to lawyers from Latham & Watkins and Covington & Burling.
2 minute read

Jury Awards Planned Parenthood $2M+ in Case Against Undercover Anti-Abortion Activists

A San Francisco federal jury sided against a group of anti-abortion activists who recorded hidden camera videos meant to discredit Planned Parenthood on all claims asserted. The more than $2 million verdict includes $870,000 in punitive damages.
3 minute read

Retail Litigation Center Helps General Counsel Deal With Changing Times

The center is the separate litigation arm of the Retail Industry Leaders Association and is considered the voice of the industry in the judicial system. Open to all retailers and select law firms, the center is "growing and hanging in there over time," according to Deborah White, general counsel for the association and head of the litigation unit.
5 minute read

Supreme Court Takes Up Google v. Oracle--Finally

The court's involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.
6 minute read

Jesse Panuccio, DOJ's Former No. 3, Lands at Boies Schiller

Jesse Panuccio, the former third-ranking official at the U.S. Justice Department, has joined Boies Schiller Flexner as a partner, adding a high-ranking veteran of the Trump administration to the ranks of a firm headed by a prominent Democratic lawyer.
5 minute read

DOJ Charges Two Former Herbalife Executives with 'Brazen' Bribery Scheme in China

The two execs for the firm's Chinese subsidiary allegedly bribed Chinese officials for a decade. One also is accused of providing false testimony to the SEC and erasing files from his company-issued laptop.
3 minute read

Amid Protests, Kavanaugh Offers 'Gratitude' at Federalist Society

During the event, there was no mention of the sexual misconduct claims, as the Federalist Society greeted Brett Kavanaugh with prolonged standing ovations.
6 minute read
Q&A

Litigator of the Week: After 10-Year Global Fight, Kirkland's Slade Scores $500M Win for Boeing

Boeing stuck to its guns and was awarded what it was owed, proving the old adage—you can run, but you cannot hide.
14 minute read

Federal Judge Questions Whether DOJ 'Manipulated' Him in McCabe Public Records Suit

Federal prosecutors denied any deception, arguing their court statements in a pending Freedom of Information Act lawsuit were made in good faith.
5 minute read

An Uphill Battle for Plaintiff in Twitter Gender Discrimination Suit to Revive Class Claims

Presiding Justice Barbara Jones of California's First District Court of Appeal said plaintiffs' own witnesses suggested "there wasn't a uniform policy" to establish commonality.
4 minute read

The Supreme Court Just Got Its First Trump Tax Returns Case

Trump's lawyers are challenging a Second Circuit case involving a New York grand jury subpoena against the president's accounting firm Mazars USA. The case is the first of several involving Trump's financial papers that reached the U.S. Supreme Court.
8 minute read

Menashi's Confirmation Flips Second Circuit to GOP-Appointed Majority

The Senate confirmed Menashi 51 to 41, largely along party lines.
4 minute read

Chinese Companies Are Increasingly Joining US Firms to Fight 'Patent Trolls'

The LOT Network, a global group of companies that have teamed up to fight patent assertion entities, has seen an uptick in Chinese firms seeking membership alongside major U.S. businesses.
4 minute read
Analysis

In Mediation, What Does Zealous Representation Require?

In the mediation process, the advocate is required to participate with good faith to approximate a win/win outcome. Notwithstanding, there remain significant legal duties that are expected.
7 minute read
Commentary

Daily Dicta: Man Sues Ex-Girlfriend for Breaking up With Him (And Gets Big Law Partner to File the Case)

Suing someone because they don't want to date you anymore is just sad. And nasty. And legally dubious. So what's a Manatt partner doing bringing the complaint?
8 minute read

Mazars Subpoena Is Supreme Court-Bound as DC Circuit Rejects Trump on Rehearing

Three judges—Neomi Rao, Gregory Katsas and Karen Henderson—said they would have granted the petition for en banc rehearing.
4 minute read

GC of Troubled Credit Nation Pleads to Conspiracy in Ponzi Scheme

Roswell attorney Marc Celello was accused of joining with principal client and boss James Torchia to lure investors into buying unregistered promissory notes for subprime automobile loans and life insurance policies, even though the Credit Nation and affiliated limited liability firms were operating at a significant financial loss.
4 minute read
News

As El Paso Walmart Reopens, Lawyers Represent 36 Plaintiffs After Mass Shooting

Walmart's defense counsel, Laura Enriquez of El Paso, is facing off against a group of plaintiffs attorneys from across Texas who have been seeking pre-lawsuit discovery about potential claims that Walmart was negligent by not providing proper security for the El Paso store.
5 minute read

Judge in Essure Mass Tort Poised to Unlock Confidential Documents

"Justice will be done in public, putting a limit on how corporate America thinks it can operate in secret without accountability," said Lori Andrus, of Andrus Anderson in San Francisco.
3 minute read

House Impeachment Attorneys Duel as Witness Testimony Goes Public

Former federal prosecutor Daniel Goldman led questioning for Democrats, pitting him against Republican counterpart Stephen Castor, a former commercial litigator at Blank Rome. Both lawyers aimed to use witness testimony from William Taylor and George Kent to make broader points.
6 minute read
Commentary

Daily Dicta: Willkie Farr Faces Feds in FX Trial

"[T]he critical evidence in this case will be the text of what Mr. Aiyer and the others said to each other in chatroom conversations," Willkie Farr associate Jocelyn Sher told the jury. "We submit, however, that the government will focus on fragments of what was said in those chats."
6 minute read
Analysis

Securities Act Claims in NY State Court: Trends and Observations a Year After 'Cyan'

In the wake of the 'Cyan' decision, the number of 1933 Act claims brought in state court has increased dramatically, with the most significant increase occurring in New York.
10 minute read

J&J Wants Oklahoma Judge to Limit Its Future Liability for Opioid Crisis

Johnson & Johnson insists that Oklahoma lawmakers should act if they want a potential $572 million court judgment for the state to extend beyond one year. The state's governor and two senior legislators filed a proposed amicus brief insisting that taxpayers shouldn't pay for the opioid crisis.
6 minute read

FleetCor Technologies to Pay $50M to Settle Securities Class Action

The agreement said lead counsel intend to apply for an award of attorney fees not to exceed 25% of the settlement fund.
4 minute read

Boies Schiller Sues Epstein Estate on Behalf of 3 Sexual Abuse Accusers

The lawsuits, filed in U.S. District Court for the Southern District of New York, include claims for battery and intentional infliction of emotional distress by plaintiffs who said they met Epstein and his companion, Ghislaine Maxwell, between 1995 and 2002.
5 minute read

Gorsuch Raises Key Question Against Trump's Move to Rescind DACA

Noel Francisco, the U.S. solicitor general, disputes the contention from DACA supporters that the Trump administration didn't adequately take into account "reliance interests" of hundreds of thousands of "Dreamers."
6 minute read
News

Fallout Continues From Scandal That Toppled Latham Chairman Voge

Bill Voge stepped down as Latham & Watkins' chairman nearly two years ago. But not everyone was ready to move on.
6 minute read
Commentary

Why Greg Craig's Trial Was a 'Misguided and Unnecessary' Prosecution

The decision to indict Gregory Craig was not an evenhanded exercise of prosecutorial discretion. It was rather an exercise of prosecutorial power in furtherance of another goal.
5 minute read
Commentary

Daily Dicta: What Went Wrong for the Defense in Alstom Exec's FCPA Trial

While defense counsel Christopher Morvillo of Clifford Chance vigorously argued that his client was technically beyond the reach of the FCPA, Justice Department prosecutors spun a tale of corruption that jurors may have found more emotionally compelling.
6 minute read

Mulvaney Plans His Own Bid Confronting Impeachment Testimony

Mulvaney's lawyer, William Pittard, a former acting U.S. House general counsel, withdrew his bid to join another pending case brought by former deputy national security adviser Charles Kupperman.
5 minute read
News

This Texas Trial Boutique Beat Milbank's Year-End Bonus Scale

Senior associates at Austin-based trial boutique Reid Collins & Tsai have already been paid as much as $102,500 in bonuses, and salaried junior partners got up to $312,500, with another bonus payment expected by year-end.
5 minute read

Jury Gets Uncensored Look at Roger Stone's Messages

Prosecutors almost seem to be relishing the use of vulgarities in U.S. District Judge Amy Berman Jackson's courtroom.
5 minute read
News

DOJ Official Who Pushed for Citizenship Question on Census Heads Back to Jones Day

John Gore will be reunited with a number of Trump administration vets, including former White House counsel Don McGahn.
3 minute read
Expert Opinion

Three Sixth Circuit Decisions Before the Supreme Court

A new U.S. Supreme Court term has started with just three U.S. Court of Appeals for the Sixth Circuit decisions on the court's docket. Gone are the days when the Sixth Circuit challenged the Ninth as the most reversed federal appellate court.
6 minute read

Simpson Thacher Litigator Joins Goodwin's Growing Silicon Valley Practice

Goodwin Procter continues adding to its California offices, which now have well over 200 lawyers, bringing on partner Alexis Coll-Very.
3 minute read
Commentary

Daily Dicta: Paul Weiss Associate Wins Major Sixth Circuit Case in First-Ever Oral Argument

"It was my first argument opportunity," said Will Marks, a former clerk for Sixth Circuit Judge Jeffrey Sutton. "I couldn't give it up."
7 minute read

SF Federal Judge Picks Team of 4 as Interim Leaders in Juul MDL

Interim leadership includes Sarah London, of Lieff Cabraser, Dena Sharp of Girard Sharp, Ellen Relkin of Weitz & Luxenberg, and Dean Kawamoto of Keller Rohrback, but the appointment doesn't necessarily cement their place in the final leadership structure.
6 minute read

Women's Soccer Players Win Class Cert in Unequal Pay Lawsuit

U.S. District Judge R. Gary Klausner struck down U.S. Soccer's argument that the four proposed class representatives, who include co-captains Alex Morgan, Megan Rapinoe and Carli Lloyd, lacked standing because they made more money than the highest-paid players on the Men's National Team.
4 minute read

Boies Sues Dershowitz for Defamation, Says Dershowitz Accused Him of Extortion

Boies listed a series of news articles as examples of Dershowitz's alleged defamation campaign against him in the complaint filed in New York County Supreme Court on Thursday,
4 minute read
Commentary

Why Impressions and Visuals Matter to a Jury: True Life Trial Tales

Many jurors make decisions based on their gut. Not the lawyer's eloquent and impassioned words. Not the damning exhibit or testimony. Not the razor-sharp cross examination. And that's where visuals can make the difference.
4 minute read
News

2nd Circuit Nixes Bids for Whistleblower Awards Stemming From $55M Deutsche Bank Settlement

The three-judge panel agreed with regulators that the evidence presented merely repeated information already at the disposal of investigators.
4 minute read

And the LOTW Runners Up...

Honorable mention goes to lawyers from Sidley Austin; Sullivan & Cromwell and Quinn Emanuel.
2 minute read
News

Attacked or Ignored, ABA Committee Persists in Ranking Judicial Nominees

Facing claims of bias, the ABA's review process has been called "almost meaningless" as lawmakers pick and choose when to ignore the ratings.
6 minute read
Q&A

Litigators of the Week: Covington Team Beats Multi-Billion FCA Claim

'We hope this case will be a useful touchpoint for companies who face similar FCA allegations premised on non-compliance with informal agency guidance.'
11 minute read

The Next Opioid Trial May Be in New York, but Others Lined Up

On Wednesday, a state court judge set a Jan. 20 trial date for an opioid case brought by the state of New York. Yet several other cities, counties and Native American tribes are preparing for trials in 2020, possibly in California, Florida, Illinois, Minnesota, Ohio, Oklahoma and West Virginia.
6 minute read

Dershowitz Hits Epstein Accuser With Counterclaims for Defamation, Emotional Distress

The counterclaim was filed late Thursday in the U.S. District Court for the Southern District of New York in litigation begun by Virginia Giuffre when she sued Dershowitz for defamation in April. Giuffre claimed Dershowitz aimed to damage her credibility with the media by calling her, among other things, a "serial liar" and "prostitute."
3 minute read

Giuliani's New Lawyer Says 'Frivolous' Claims Amount to Election Interference

Amid multiple investigations touching on Rudy Giuliani's work in Ukraine, one of his new lawyers, Robert Costello, said the scope of his representation is wide-ranging but that Giuliani is facing no real legal threats — just frivolous allegations.
4 minute read

Third Accuser Files Claim About Former DLA Piper Partner

Andrea Ivan, 65, alleges that Louis Lehot pushed to have her fired in favor of a replacement who was described as "young and hot."
4 minute read

Fraud Charges Dropped in ExxonMobil's Climate Change Trial

Exxon attorney Ted Wells, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, was quick to criticize the late concession on fraud charges, and described the remaining contested issue under the Martin Act as trivial.
3 minute read
Commentary

Daily Dicta: Latham Leads With First-Chair Women Litigators

I spent yesterday evening—as I do every Wednesday evening—reviewing nominations for Litigator of the Week. The weekly contest is an inexact…
6 minute read

'This Is Not Normal': Federal Judge Denounces Trump's Attacks on Judiciary

"He seems to view the courts and the justice system as obstacles to be attacked and undermined, not as a co-equal branch to be respected even when he disagrees with its decisions," U.S. District Judge Paul Friedman said in remarks Wednesday in Washington.
6 minute read

Giuliani Turns to Pierce Bainbridge and Michael Cohen's Ex-Lawyer in Ukraine Scandal

Rudy Giuliani said Wednesday that he is being represented by two partners at Pierce Bainbridge and an attorney at Davidoff Hutcher & Citron who previously represented Michael Cohen.
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.

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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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