Litigation Daily | Expert Perspectives On The Biggest Cases

Litigation Funding Picking Up Steam, but Lawyers Say Defense Cases Lag

Christine Simmons | May 01, 2019

At a litigation funding conference, panelists from Big Law said they were making use of such financing in certain offensive and defense cases in arbitration, intellectual property, bankruptcy and other disputes.

3 minute read

DOJ Goes All In, Embracing Texas Judge's Obamacare Takedown

Nate Robson | May 01, 2019

"It is the position of the United States that the balance of the ACA also is inseverable and must be struck down," U.S. Justice Department lawyers said in a brief filed Wednesday in the Fifth Circuit.

4 minute read

In $800M Chrysler Emissions Settlement, Plaintiffs Lawyers Want $66M

Amanda Bronstad | May 01, 2019

U.S. District Judge Edward Chen on Friday is set to hear oral arguments on the settlement's final approval, including a request for $59 million in attorney fees and $7 million in costs.

5 minute read

Derivative Lawsuit in Delaware Targets Zuckerberg, Facebook Brass Over Privacy Breaches

Tom McParland | May 01, 2019

The 193-page filing said that Mark Zuckerberg, Sheryl Sandberg, Peter Thiel and three other board members had presided over "one of the worst examples of privacy abuse in the age of social media" and committed "pervasive breaches" of their fiduciary duties in the name of short-term profits.

4 minute read

Daily Dicta: He's Back: Andy Sandler Launches New D.C. Firm with Ex-Buckley Partners

Leigh Jones | May 01, 2019

The lawyer who retired last year and ex-Buckley partner Andrea Mitchell announced they're launching a new firm: Mitchell Sandler, joined by another Buckley partner, Robyn Quattrone.

4 minute read

In Long-Running Dispute Over Pissarro Masterpiece Looted by Nazis, Judge Reluctantly Rules Against Heirs

Ross Todd | April 30, 2019

U.S. District Judge John Walter wrote that he had "no alternative but to apply Spanish law and cannot force the Kingdom of Spain or TBC to comply with its moral commitments."

3 minute read

Anxiety and Hope: Appellate Experts on Litigating LGBT Rights in Post-Kennedy Supreme Court

Jason Grant | April 30, 2019

Given the makeup of the U.S. Supreme Court, with the more conservative Justice Brett Kavanaugh replacing Justice Anthony Kennedy and with President Donald Trump's other appointment of Justice Neil Gorsuch, “the fear is that [the justices] are going to actively take up cases” and issue rulings that will undercut gay and transgender-rights issues “that we've already won," a panelist said.

6 minute read

As More Follow Shanmugam From Williams & Connolly, Paul Weiss Expands New SCOTUS Practice

Meghan Tribe | April 30, 2019

The firm can finally claim to be among "the best in the business" for appellate advocacy, said chairman Brad Karp.

5 minute read

Greg Craig's Defense Lawyers Bash 'Vague, Cryptic and Confusing' Charges

C. Ryan Barber | April 30, 2019

Defense lawyers for the former Skadden partner and Obama White House counsel contend the indictment "jumbles allegations about written statements together with inferences about oral representations."

4 minute read

U.S. Senator Claims Trump's Judicial Picks 'Instructed' to Evade 'Brown v. Board' Questions

R. Robin McDonald | April 30, 2019

Sen. Richard Blumenthal, D-Connecticut, suggested the four nominees had "obviously been instructed" to avoid answering whether Brown v. Board of Education was correctly decided.

5 minute read

Dentons Sued By Its Former Government Contracts Chair

Ryan Lovelace | April 30, 2019

Jessica Abrahams, who now heads the government contracts group at Drinker Biddle, claims Dentons owes her close to $400,000 after she fled the firm over alleged mismanagement. Dentons said it was the one left holding the bag.

3 minute read

Daily Dicta: Zillow (and Winston & Strawn) Hits Back in Fight over $150M LA Mansion Listing

Jenna Greene | April 30, 2019

"Critically, Bel Air does not allege anywhere in the complaint that any potential buyer—let alone a willing and able buyer with $150 million to spend and the immediate need for a helipad and 'three gourmet kitchens'—saw the erroneous information."

7 minute read

14 Lawyers Appointed to Lead Suits Over Marriott's Data Breach

Amanda Bronstad | April 29, 2019

A federal judge in Maryland has appointed 14 lawyers to lead class actions brought by consumers over Marriott Inc.'s data breach last year.

5 minute read

EEOC Sues Defender Association Over Lawyer's Depression, PTSD

Max Mitchell | April 29, 2019

The suit alleges the Philadelphia Defender Association violated the Americans with Disabilities Act and seeks economic and punitive damages.

3 minute read

Daily Dicta: Prison Time or a Slap on the Wrist: A Tale of Two Insider Trading Cases

Jenna Greene | April 29, 2019

Two cases that ended on Friday—one with a civil penalty, the other with a guilty verdict—show how inconsistent the laws around insider trading can be.

7 minute read

Texas AG Sides With Attorneys Who Claim Texas Bar Violates First Amendment

Angela Morris | April 29, 2019

“Attorney General Paxton is committed to ensuring that Texas attorneys' free speech rights are protected from the State Bar's current unconstitutional practice," said Ken Paxton's spokesman, Marc Rylander.

4 minute read

SCOTUS Asks SG's Views on Oracle-Google Copyright Case

Scott Graham | April 29, 2019

The Silicon Valley titans have been disputing for nine years whether Google violated Oracle's copyright by copying Java application programming interfaces into its Android operating system.

6 minute read

Quinn Emanuel in Fight to Stay in Case Against Former Client Uber Faces Skeptical Judge

Ross Todd | April 26, 2019

Lawyers at Quinn Emanuel Urquhart & Sullivan faced a flurry of skeptical question off the bat from the judge who will decide if they get to pursue an antitrust case against former client Uber Technologies.

4 minute read

3rd Circuit Says Ruling That Nixed Litigation Funding Agreements in NFL Concussion Case Was Beyond Judge's Scope

Max Mitchell | April 26, 2019

A unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled Friday that the district court judge overseeing the settlement implementation went beyond the court's reach when she nullified the lending agreements in their entirety.

5 minute read

Hot Seat: Ford Latest Automaker to Face Probe Into Emissions Compliance

Kristen Rasmussen | April 26, 2019

The Dearborn, Michigan-based company disclosed today that the U.S. Department of Justice has opened a criminal investigation into issues relating to Ford's analytical modeling and methods of testing a vehicle's resistance, though not devices such as the ones Volkswagen used to cheat on emissions tests.

2 minute read

Delaware Court Grants 'Mulligan' to Plaintiffs in Lawsuit Accusing KPMG of Negligent Misrepresentation

Tom McParland | April 26, 2019

Vice Chancellor Morgan T. Zurn on Thursday allowed Otto Candies and other plaintiffs to file a new complaint despite their failure to comply with a court rule governing amended complaints in the case, which accuses KPMG of failing to detect a massive financial fraud by Citigroup Inc. and a KPMG client in Latin America.

4 minute read

Litigator of the Week: Boies Schiller's Singer Wins One for the Legal Profession

Jenna Greene | April 26, 2019

Boies Schiller Flexner partner Stuart Singer represented Greenberg Traurig in a high-stakes putative class action by investors who lost billions in the R. Allen Stanford Ponzi scheme.

8 minute read

NY Judge Closes Court for Harvey Weinstein Hearings, Citing Potential for 'Inflammatory' Evidence to Prejudice Defense

Colby Hamilton | April 26, 2019

The state Supreme Court judge said allowing the press to report on the claims of sexual assault the DA's office hopes to use would potentially deprive Harvey Weinstein of a fair trial.

4 minute read

In Greg Craig's Trial, Skadden's Foreign-Lobbying Settlement Will Be Off-Limits

C. Ryan Barber | Nate Robson | April 26, 2019

The government has agreed it won't use Skadden's settlement agreement with the government, nor the law firm's retroactive FARA registration as evidence at the trial.

3 minute read

Mattel's Fisher-Price Hit With At Least 4 Class Actions Over Rock 'n Play Recall

Amanda Bronstad | April 25, 2019

At least four class actions have been filed, including one against Amazon.com, alleging that the recall of 4.7 million Rock 'n Play products is inadequate.

6 minute read

Morgan Stanley Will Pay $150M to Settle California AG's Mortgage-Backed Securities Probe

Ross Todd | April 25, 2019

A spokesman for the bank said the settlement marked the end of the last pending enforcement action against Morgan Stanley related to the mortgage crisis of the past decade.

2 minute read

Cotchett Pitre Lawyers Call Apple's Sanctions Request 'Manufactured Controversy'

Amanda Bronstad | April 25, 2019

Firm principals Joe Cotchett and Mark Molumphy denied that they violated a protective order, which Apple has insisted requires sanctions—specifically, their removal from their appointed leadership positions in the iPhone throttling cases.

4 minute read

Reed Smith Lawyers Move to Hold Barr, Mueller in Contempt in Russia Case

Ellis Kim | April 25, 2019

The lawyers for Concord Management and Consulting made the request following last week's release of the special counsel's report.

3 minute read

Daily Dicta: These Defamation Cases Hit a Little Too Close to Home.

Jenna Greene | April 25, 2019

Usually, the federal constitutional privilege that protects accurate reports of judicial proceedings (and liberal use of the word “allegedly”) is enough to ward off defamation suits, no matter how unhappy the subject of a story may be. But not always.

8 minute read

Barbri Dodges Competitor's Antitrust Suit—Again

Karen Sloan | April 25, 2019

LLM Bar Exam alleged that Barbri colluded with law schools to push it out of the test prep market, but the U.S. Court of Appeals was not convinced.

4 minute read

J&J Hit With $120M Pelvic Mesh Verdict by Philadelphia Jury

Max Mitchell | April 25, 2019

The verdict came after a three-week trial in Judge Kenneth Powell's courtroom, and the award included $20 million in compensatory damages, as well as $100 million in punitive damages.

3 minute read

11th Circuit Won't Cut Del Monte's $26M Award in Dispute With Pineapple Grower

Katheryn Tucker | April 24, 2019

The decision resolves a lingering dispute between Del Monte and Inversiones y Procesadora Tropical Inprotsa of Costa Rica. Their 13-year contract covered $200 million worth of pineapple.

4 minute read

Christie Aide Bridget Anne Kelly Sentenced to 13 Months for Role in Bridgegate Scandal

Suzette Parmley | April 24, 2019

The sentence imposed on remand Wednesday by U.S. District Judge Susan D. Wigenton of the District of New Jersey shaved five months from Kelly's original sentence of 18 months.

4 minute read

Judge Dismisses Suit Against Quinn Emanuel by Selendy & Gay, Sends to Arbitration

Jack Newsham | April 24, 2019

If the decision isn't challenged or upheld on appeal and Quinn Emanuel prevails in arbitration, Selendy & Gay partners could be forced to turn over 10 percent of the fees they bill to former Quinn Emanuel clients.

4 minute read

Plaintiffs Giant Tom Girardi (and 'Real Housewives' Husband) Appears in Court Over His Assets

Amanda Bronstad | April 24, 2019

The Los Angeles lawyer, husband to Erika Jayne, a star on "The Real Housewives of Beverly Hills," faces a lawsuit alleging he failed to repay a $15 million loan to Law Finance Group. The lender wants to go after his assets, including the Pasadena home featured on the Bravo TV reality show.

4 minute read

Conservative Big Law Partners Raise Specter of Trump Impeachment

Tony Mauro | April 24, 2019

Signatories on the new statement include Big Law attorneys Peter Keisler of Sidley Austin; King & Spalding's Marisa Maleck; and John Bellinger III of Arnold & Porter.

5 minute read

Daily Dicta: Can't Decide Who to Back for President? Pick the Best Lawyer.

Jenna Greene | April 24, 2019

Here's an arbitrary (and capricious!) method to evaluate presidential hopefuls: Who is the most accomplished lawyer? Not the best politician or best leader or best human being, mind you—just the best lawyer.

10 minute read

Chief Justice Roberts Delivers Latest Pro-Arbitration Ruling for Divided Court

Tony Mauro | April 24, 2019

Chief Justice John Roberts Jr. wrote for the majority, overturning a decision by the Ninth Circuit that allowed a class arbitration to proceed because the arbitration agreement at issue was ambiguous.

4 minute read

Second Circuit Delays Madoff Feeder Fund Clawbacks Pending SCOTUS Petition

Colby Hamilton | April 23, 2019

The panel revived dozens of actions by the Madoff trustee in February, but agreed to a motion to stay pending the outcome of a petition to the U.S. Supreme Court.

3 minute read

Analysis

Pelvic Mesh Judge Doesn't Need to Probe Allegations of 'Self-Dealing' in Fee Fight—But He Might Dive In

Max Mitchell | April 23, 2019

According to court watchers, allegations that arose recently in the contentious fee dispute should give any judge pause, and may lead Judge Joseph Goodwin, who is overseeing the vast pelvic mesh litigation, to call for further investigation of the claims before he allocates an estimated $550 million in disputed fees.

8 minute read

In 'First-of-Its-Kind' Criminal Case, SDNY Hits Opioid Distributor With $20M Fine

Colby Hamilton | April 23, 2019

The Rochester drug distributor's oxycodone order fulfillment increased eightfold over a four-year period, despite numerous internal warnings that the sales were driven by suspect behavior.

5 minute read

Bill Cosby Sues Quinn Emanuel Over Millions in Legal Fees

Lizzy McLellan | April 23, 2019

The convicted actor claimed the firm overstaffed his case, billing him for more than 11,000 hours and $8.55 million in nine months.

4 minute read

Daily Dicta: Parking Scofflaws of the World, Rejoice

Jenna Greene | April 23, 2019

In a first-of-its-kind decision, the Sixth Circuit held that tire chalking violates the Fourth Amendment's ban on unreasonable searches.

6 minute read

Starbucks Prepares to Settle Class Actions Over Flawed Background Checks

Greg Land | April 23, 2019

New filings indicate two FCRA cases are being combined in Georgia in preparation for a settlement.

5 minute read

Appearing Divided, Justices Weigh Legality of Adding Census Citizenship Question

Marcia Coyle | April 23, 2019

U.S. Solicitor General Noel Francisco argued the issue of adding the citizenship question was not subject to judicial review because Congress had committed such issues to the discretion of the secretary of the Commerce Department.

6 minute read

Daily Dicta: For Cravath's Evan Chesler, the Trial That Wasn't

Jenna Greene | April 22, 2019

While the Cravath chairman rejoices at the happy ending for his client Qualcomm, he admits that the litigator in him still wishes he got to put on his case.

5 minute read

Lead Plaintiff's 'Unique Defenses' Scuttle Class Cert in J&J False Advertising Lawsuit

Colby Hamilton | April 22, 2019

District Judge Alison Nathan agreed with the defendant companies that the plaintiff's credibility issues, and a settlement barring future litigation, created enough concerns to block the plaintiff from representing the class.

4 minute read

Wilmer Partner Dishes on 'Game of Thrones' Cameo: 'I Do Not End Up on the Iron Throne':

Meghan Tribe | April 22, 2019

Wilmer partner and former CIA deputy director David Cohen enjoyed some pre-battle Winterfell gruel on Sunday's episode of the wildly popular HBO series.

3 minute read

Dozens of Plaintiffs Lawyers Vie to Lead Data Breach Case Against Marriott

Amanda Bronstad | April 22, 2019

Victims' lawyers cited diversity and experience in data breach cases in submitting applications for leadership roles. None said they used third party litigation funding—one of several disclosures required by U.S. District Judge Paul Grimm in Maryland.

7 minute read

William Consovoy, Stefan Passantino on Offense for Trump in Fighting House Subpoena

Ellis Kim | April 22, 2019

The lawsuit marks the first time Trump has taken the House's Democratic majority to court in a bid to block enforcement of a congressional subpoena.

3 minute read

SCOTUS Will Hear Major LGBT Workplace Cases, Testing Title VII's Scope

Marcia Coyle | April 22, 2019

At the center of each case is Title VII of the 1964 Civil Rights Act, which bars employers from discriminating because of sex, race, color, national origin or religion.

5 minute read

Georgia Jury Awards Nearly $70M in Kroger Parking Lot Robbery-Shooting Case

Greg Land | April 19, 2019

Navy vet Laquan Taylor was shot multiple times during a robbery and carjacking at the Kroger on Moreland Avenue, leaving him paraplegic.

7 minute read

Investor Suit Seeks AmerisourceBergen Opioid Crisis-Related Records

Tom McParland | April 19, 2019

The lawsuit comes as AmericsourceBergen and other opioid distributors face increasing scrutiny for their role in the opioid crisis.

3 minute read

'The Funeral Home Lost Jarvis' Body': Grieving Parents Settle After Babies Placed in Wrong Coffins

Zach Schlein | April 19, 2019

McWhite's Funeral Home settled after mixing up the bodies of two stillborn infants. Richard Pravato was among the attorneys representing the children's families.

5 minute read

NFL Again Beats Back Former Players' Suit Claiming Painkiller Overuse

Ross Todd | April 19, 2019

A federal judge in San Francisco said that former NFL players hadn't alleged that the league had a direct hand in drugs being doled out inappropriately to get players back on the field.

3 minute read

Write Tighter, US Supreme Court Tells Lawyers

Tony Mauro | April 19, 2019

“While the rule change is not ideal for practitioners, I think it's a solution that they can live with," one veteran appellate advocate says.

4 minute read

5th Circuit Rules No Impunity for Online Rant in Heterosexual's Reverse-Discrimination Suit

Angela Morris | April 19, 2019

"Simply put, Title VII does not grant employees the right to make online rants about gender identity with impunity,” wrote Fifth Circuit Judge Catharina Haynes in a concurring opinion.

3 minute read

Litigators of the Week: Cleary Duo Clears Banks in Terrorism Support Suits

Jenna Greene | April 19, 2019

'We have always believed that there was no valid basis for pressing claims against our clients, who are not responsible, legally or on any other basis, for the heinous acts by which plaintiffs were injured.'

9 minute read

Ninth Circuit Denies Trump's Bid to Block California's Immigration Laws

Jenna Greene | April 19, 2019

Honorable mention goes to litigators from Winston & Strawn; Jenner & Block; McCarter & English; Baker McKenzie and Sadis & Goldberg.

2 minute read

Cheryl Miller | April 18, 2019

The decision leaves intact almost all the provisions in three statutes enacted by the Democratic-controlled Legislature to thwart the federal government's crackdown on undocumented immigrants.

4 minute read

Jones Day Partner Highlighted in Gender Bias Suit Exits Firm

Dan Packel | April 18, 2019

Two named plaintiffs in a $200 million proposed class action against Jones Day described allegedly sexist conduct by California securities litigator Eric Landau.

4 minute read

Ex-White House Counsel McGahn Said Trump Was 'Testing His Mettle' Over Possibly Firing Mueller

Ellis Kim | April 18, 2019

The fraught relationship between the two men appeared to reach a boiling point when the Donald Trump became suspicious that McGahn was leaking details to the press.

5 minute read

Law Profs Tackle the Mueller Report on Twitter

Karen Sloan | April 18, 2019

Many legal academics were critical of the attorney general's press conference and quickly parsed the detailed report when it was released.

1 minute read

Press 1 to Say Thank You

Jenna Greene | April 18, 2019

Here's a verdict to applaud: A federal jury in Oregon last week slapped a robocaller with a penalty of up to $925 million for violating the Telephone Consumer Protection Act.

2 minute read

Mueller Report: 'Some Evidence' Suggests Trump Tried to Influence Manafort Jury

C. Ryan Barber | April 18, 2019

Mueller also noted that Trump might have intended not to sway the Manafort jury but, rather, to influence public opinion.

6 minute read

Daily Dicta: This Lawsuit Is a Joke. No Really.

Jenna Greene | April 18, 2019

A comedy writer accused late night host Conan O'Brien of stealing his jokes. Now, the copyright case is headed to trial in federal court in San Diego.

6 minute read

Philadelphia Jury Hands J&J Subsidiary a Defense Win in Latest Pelvic Mesh Trial

Max Mitchell | April 18, 2019

The defense win in 'Krolikowski v. Ethicon Women's Health and Urology' was handed up Wednesday after more than three weeks of trial before Philadelphia Court of Common Pleas Judge Charles Cunningham III.

3 minute read

Another 6 Attorneys on Roundup Plaintiffs' Team Fighting Possible Sanctions

Amanda Bronstad | April 17, 2019

A federal judge who ordered lead counsel Aimee Wagstaff to pay $500 for "obvious violations" of his pretrial orders wants to know whether he should sanction other members of the plaintiffs' trial team.

4 minute read

Phony Lawyer Whose Website Cribbed From Cravath Busted by Feds

Jack Newsham | April 17, 2019

Prosecutors say John Lambert, whose website borrowed from the profiles of real Cravath lawyers, bilked thousands of dollars from people and businesses by impersonating a high-powered New York attorney.

4 minute read

Boeing Sued Over Crash of Ethiopian Airlines' 737 Max 8

Max Mitchell | April 17, 2019

Andrew Stern of Kline & Specter filed the lawsuit in the U.S. District Court for the Northern District of Illinois on behalf of the estate of Manisha Nukavarapu, an Indian citizen who was a legal resident of Tennessee at the time of the crash.

4 minute read

Wilson Sonsini Sued by Ex-Clients Seeking to Stop Arbitration Over Unpaid Fees

Jack Newsham | April 17, 2019

The former clients said Wilson Sonsini deceived them to get their consent to arbitrate over fees and failed to alert them as costs mounted.

3 minute read

8th Circuit Urged to Protect LGBT Employees Against Discrimination

Mike Scarcella | April 17, 2019

The Eighth Circuit case tests the reach of Title VII, and the EEOC backed the employee. The U.S. Supreme Court is weighing whether to hear two cases that contend Title VII does include protections against sexual orientation discrimination.

4 minute read

DC U.S. Attorney Jessie Liu Says the Office Is Ready to Handle Mueller Cases

Ellis Kim | April 17, 2019

The head of the U.S. attorney's office in Washington said her office has seen an increase in work now that the special counsel's probe is over.

10 minute read

Shout-Out: Paul Weiss and Clifford Chance Secure $1B Citigroup Win

Jenna Greene | April 17, 2019

Paul Weiss partners Ted Wells and Jack Baughman were awarded Litigator of the Week in 2008 for the win in New Jersey state court, but the case wasn't over until Italy's highest court had spoken.

2 minute read

Daily Dicta: At Williams & Connolly, 'The Primordial, Motherly Instinct to Protect and Defend'

Jenna Greene | April 17, 2019

During the most recent U.S. Supreme Court term, male advocates outnumbered female 153 to 32, Which makes Williams & Connolly's appellate practice, where all the partners are now women, truly unusual.

4 minute read

Former 'Biggest Loser' Contestant Wins Defamation Battle Over Diet Drug Use Claims

Colby Hamilton | April 16, 2019

U.S. District Judge Laura Taylor Swain said celebrity doctor Robert Huizenga failed to clear the actual malice threshold needed to sustain a defamation case.

4 minute read

Alan Dershowitz Faces Off Against Epstein Sex Trafficking Accuser in New Libel Suit

Colby Hamilton | April 16, 2019

An accuser of billionaire Jeffrey Epstein, who claims Alan Dershowitz engaged in sexual activity with her when she was a minor being trafficked by the financier, is suing the former Harvard Law professor over claims he defamed her

4 minute read

Report: Data Breaches Will Be the Next Wave of Class Action Litigation

Dan Clark | April 16, 2019

The next wave of class action lawsuits will be the result of massive data breaches, according to the eighth annual Carlton Fields Class Action Survey, which is based on interviews with general counsel or senior legal officers at 395 Fortune 1000 companies in the U.S.

3 minute read

Boies Schiller and Bentham Target Cross-Border Disputes in $30M Funding Deal

Dan Packel | April 16, 2019

The Vietnam-focused collaboration suggests a similar deal between Bentham and Kobre & Kim for Israel disputes has been a success.

4 minute read

Hogan Lovells Snags Weil's Complex Litigation Head in California

Xiumei Dong | April 16, 2019

Christopher Cox, who led Weil's California complex commercial litigation practice, has followed several former Weil partners to Hogan Lovells.

3 minute read

In Midst of Opening Statements, Apple and Qualcomm Reach Global Settlement

Nate Robson | April 16, 2019

The deal includes an unspecified payment from Apple to Qualcomm, a six-year license and a multiyear supply agreement.

4 minute read

Daily Dicta: What Happened When Juror No. 10 Went Rogue

Jenna Greene | April 16, 2019

Jurors are supposed to be like old-fashioned children: Seen but not heard. That is, sit quietly, pay attention—and for heaven's sake, don't email a lawyer during trial.

6 minute read

Litigation Leaders: Morgan Lewis' Gordon Cooney on Crisis Management, Data Analytics and the Importance of Teamwork

Jenna Greene | April 16, 2019

'Our overarching goal is to solve problems through creative, clear, concise and compelling advocacy."

13 minute read

Silicon Valley Company Settles Whistleblower Case That Led to Ex-Akin Partner's Jailing

Ross Todd | April 15, 2019

Fortinet, a network security company, reached a deal worth $545,000 to settle a whistleblower lawsuit. Lawyers for the whistleblower say that former DOJ lawyer and Akin Gump partner Jeffrey Wertkin tried to sell the company a copy of the complaint while it was still under seal.

4 minute read

Italy's UniCredit to Pay $1.3 Billion Over US and NY Sanctions Probes

Jack Newsham | April 15, 2019

The settlements bring to an end investigations that have been ongoing since at least 2011.

2 minute read

Apple Wants Cotchett, Pitre & McCarthy Removed as Lead Plaintiffs' Counsel in iPhone Throttling Cases

Amanda Bronstad | April 15, 2019

In a motion filed this month, Apple alleged there had been a 'blatant and very serious violation' of a protective order and said principals in Cotchett Pitre should be blocked from viewing confidential documents

5 minute read

Sidley Nabs Quinn Emanuel Arbitration Duo in Big Apple

Meghan Tribe | April 15, 2019

Tai-Heng Cheng, who chaired Quinn Emanuel's New York international arbitration practice, is joining Sidley as a partner.

4 minute read

Lyft Sued for Defective App Design Following Crash That Injured Pedestrian

Zach Schlein | April 13, 2019

The South Florida lawsuit seeks to hold the ride-hailing company liable for a crash that allegedly occurred because a Lyft driver was looking at the Lyft app.

3 minute read

Plaintiffs Giant Thomas Girardi's $15M Spat With Litigation Funder Sent to Arbitration, but Asset Fight Still Could Be Public

Ross Todd | April 12, 2019

Prominent plaintiffs attorney Thomas Girardi, better known to reality TV fans as the husband of "Real Housewives of Beverly Hills" star Erika Jayne, will see his dispute over a $15 million loan from Litigation Finance Group LLC play out before an arbitrator. The funder's attempt to attach Girardi's assets to the dispute, however, is still set play out in Los Angeles Superior Court.

3 minute read

In Blow to Chinese E-Commerce Giant, 2nd Circuit Revives Investor Class Action

Colby Hamilton | April 12, 2019

The appellate panel reversed and remanded a district court ruling that would have allowed the Chinese e-commerce site Dangdang to handle a securities class action suit in the Cayman Islands.

4 minute read

GE Agrees to Pay $1.5B to Settle Claims Its Subsidiary Misrepresented Subprime Loans

Caroline Spiezio | April 12, 2019

General Electric has agreed to pay $1.5 billion to settle claims its subsidiary's lax quality control and financial incentives for loan approval led investors to lose "billions of dollars" and contributed to the 2008 financial crisis.

3 minute read

In Assange Conspiracy Case, Prosecutors Face Multiple Hurdles

Victoria Hudgins | April 12, 2019

Securing extradition, connecting communications with actions and challenging freedom of speech are some of the hurdles prosecutors will face in the Julian Assange case.

5 minute read

Ex-Skadden Partner Greg Craig, Defiant After Lobbying Charges, Will Plead Not Guilty

C. Ryan Barber | Ellis Kim | April 12, 2019

The former Skadden partner and Obama White House counsel appeared Friday in Washington court. A defense lawyer for Craig, William Murphy of Zuckerman Spaeder, entered the not guilty plea on Craig's behalf.

5 minute read

Texas Judge Who Survived Assassination Attempt Shares Her Ordeal

Angela Morris | April 12, 2019

" I try to find positive things out of it," 390th District Judge Julie Kocurek said. "It's made me as stronger, better person as a whole."

4 minute read

Shout-Out: Debevoise Defeats $14.5B Whistleblower Suit

Jenna Greene | April 09, 2019

The Debevoise team was led by partners Maeve O'Connor, Susan Reagan Gittes and Ed Schallert.

2 minute read

Daily Dicta: Forget Dewey Cheatem & Howe: These Are the Best-Ever Law Firm Names

Jenna Greene | April 09, 2019

What might you call a law firm other than the lawyers' last names? Here are a few suggestions.

4 minute read

Plea Deal for Ex-Willkie Co-Chair Gordon Caplan Calls for Prison Time

Jack Newsham | April 08, 2019

The government agreed to recommend a term at the lower end of an 8- to 14-month range, plus a year of supervised release and a $40,000 fine.

4 minute read

Age Bias Suit Against Retailer Anthropologie Revived by Second Circuit

Colby Hamilton | April 08, 2019

The appellate panel found the district court erred in both applying outdated precedent to justify granting summary judgment, as well as conducting a 'piecemeal' assessment of the record.

5 minute read

Complaint: El Paso Immigration Judges Called Lawyers Dishonest, Lazy and Useless

Angela Morris | April 08, 2019

The judges perpetuate “a culture of fear” among lawyers who think their clients will face punishment if the lawyers complained about the judges' behavior.

5 minute read

In Reviving Suit Over Oil and Gas Merger, Delaware Supreme Court Cites Timing of Deal Talks

Tom McParland | April 08, 2019

The ruling, published Friday by a three-judge panel of the state high court, applied the justices' 2014 precedent in the case Kahn v. M&F Worldwide to deny business-judgment deference to the Earthstone board and reversed, in part, the Chancery Court's dismissal of the case in its entirety last July.

4 minute read

Fiat Chrysler to Pay $110M to Settle Investors' Class Action Over Cars' Emissions and Safety

Colby Hamilton | April 08, 2019

The international automaker faced litigation from investors over costly settlements with regulators over safety and emissions problems, despite public assurance to the contrary from company executives.

3 minute read

5th Circuit Blocks Gibson Dunn from Filing Pro-Obamacare Brief

Mike Scarcella | April 08, 2019

The Fifth Circuit didn't give a reason, and the court clerk declined to comment. But one new member of the court hails from Gibson Dunn: James Ho.

5 minute read

Daily Dicta: Gordon Caplan Set to Become the Next Member of the Big Law Felons Club. Now What?

Jenna Greene | April 08, 2019

The former Willkie chair certainly is not the first Big Law partner to find himself on the wrong side of the law, but this is not your average, stole-from-an-IOLTA-account, bad lawyer story.

7 minute read

House of Representatives Sues Trump Administration Over Border Wall Emergency Declaration

Ellis Kim | April 05, 2019

The lawsuit came a day after the House's Bipartisan Legal Advisory Group authorized the legislative body to take legal action.

2 minute read

Dentons Defeats Luxury Designer's $7.5M Malpractice Case in NY Appeal

Jack Newsham | April 05, 2019

Handbag and jewelry designer V. Bruce Hoeksema has been battling with Salans, now a part of Dentons, since at least 2013.

3 minute read

Apple Beats $30M Infringement Case Over LTE Wireless Broadband Patents

Tom McParland | April 05, 2019

Thursday's verdict followed seven days of trial in the case, targeting Apple's iPhone and iPad products, and dealt a blow to Evolved, which had filed similar suits against other cell phone companies over the same patents.

4 minute read

Miami Beach Nursing Home Operator Convicted in $1B Medicare Fraud Case

Adriana Gomez Licon | April 05, 2019

A federal jury on Friday convicted a Florida health care executive on 20 criminal counts in what prosecutors described as a $1 billion Medicare fraud…

5 minute read

9th Circuit En Banc Will Rehear Major Equal Pay Challenge After Reinhardt's Death

Marcia Coyle | April 05, 2019

The case was remanded by the U.S. Supreme Court, which found the Ninth Circuit incorrectly counted Judge Stephen Reinhardt's vote.

3 minute read

Jenna Greene | April 05, 2019

A shout-out to the runners up for Litigator of the Week from Winston & Straw; Goodwin Procter; Nixon Peabody; Jenner & Block; and Mary Alexander & Associates.

2 minute read

Litigators of the Week: Paul Hastings Team Gives Align a $51M Reason to Smile

Jenna Greene | April 05, 2019

The 14-year battle spanned three continents, the International Trade Commission, the U.S. Patent and Trademark Office, the Federal Circuit and U.S. District Court for the Southern District of Texas.

10 minute read

LeClairRyan Hit With $29M Suit in Texas for Case It Inherited in Merger

Brenda Sapino Jeffreys | April 05, 2019

Brewer Leasing of Odessa sued its former lawyers and their firms, one of which was acquired by LeClairRyan, over a 2006 wrongful death suit.

4 minute read

Florida Judge Dismisses Case by Broward Sheriff Ousted Over Parkland Shooting

Raychel Lean | April 04, 2019

Broward Sheriff Scott Israel sued Florida Gov. Ron DeSantis, who suspended then fired him.

2 minute read

Justice Thomas Underscores He Has No Plans to Retire

Tony Mauro | April 04, 2019

"I'm not retiring!” Thomas said emphatically in recent remarks at Pepperdine Law, where he was in conversation with his former clerk Brittney Lane Kubisch and Pepperdine University president-elect James Gash.

4 minute read

Eleventh Circuit Rules Jail Guards Can Be Sued for Ignoring Medical Needs

Katheryn Tucker | April 04, 2019

“Almus Taylor died from internal bleeding after being kept in a jail holding cell overnight,” Judge Ronald Gilman said. “If Almus was begging for medical help, crying out in pain, and informing the guards that he was dying, then a reasonable jury could conclude that a lay person would recognize the need for a doctor's attention.”

7 minute read

Two More Big Law Ninth Circuit Nominees Advance to US Senate Vote

Nate Robson | April 04, 2019

The Munger Tolles and Jenner & Block partners, if confirmed, would mark President Trump's fifth and sixth judge for the court.

3 minute read

DOJ Faces Pressure Not to Appeal 'Blue Water' Vietnam Vets' Landmark Victory

Marcia Coyle | April 04, 2019

The U.S. Justice Department solicitor general's office is weighing a challenge to a Federal Circuit ruling that opened a door to Agent Orange-related benefits for Blue Water Navy veterans.

5 minute read

Texas High Court to Prosecutors: Don't Use a Lion-Eats-Baby Video to Push for Sentence

Angela Morris | April 04, 2019

This is a real story of something that happened in a criminal trial in Texas. It goes like this, according the the Texas Court of Criminal Appeals' April 3 opinion in Milton v. Texas.

3 minute read

Daily Dicta: Quinn Team Plays Strong D for Patriots Owner Kraft in Florida Prostitution Case

Jenna Greene | April 04, 2019

Burck and Spiro make a compelling argument that the police department in Jupiter, Florida was way out of line in conducting the sting on the Orchids of Asia spa that snagged Kraft.

5 minute read

Amazon, Williams-Sonoma Face Off Over Trademark Cases in SF Court

Scott Graham | April 03, 2019

Durie Tangri's Mark Lemley argued that Amazon.com is merely exercising its right to resell Williams-Sonoma merchandise on its website. But U.S. Magistrate Judge Elizabeth Laporte asked if some of Amazon's language might be "gratuitous" enough to cause consumer confusion.

5 minute read

Supporters Rally for Texas Judge Who Mistakenly Resigned on Facebook

Angela Morris | April 03, 2019

The very odd story of Judge Bill McLeod of Houston unfolded on April Fools' Day. It has since caught the attention of media far and wide and now it's making ripples in social media that are bubbling up in the real world.

4 minute read

Willkie's Gordon Caplan Makes Boston Court Appearance to Face College Admissions Charges

Jack Newsham | April 03, 2019

Caplan was asked if he understood the charges against him and that he faced a maximum term of 20 years behind bars. He said “yes, Your Honor” to each question.

5 minute read

Trump Administration Sued for Rolling Back School Lunch Standards

Dan M. Clark | April 03, 2019

James said the Trump administration loosened those standards, which apply to 30 million schoolchildren, without public notice or the opportunity to comment, which allegedly violated the federal Administrative Procedure Act.

5 minute read

Walt Disney Studios Accused of Gender Pay Inequity in New Class Action

Amanda Bronstad | April 03, 2019

The complaint, filed Tuesday, which was Equal Pay Day, alleges women there are treated as “cheap labor,” earning tens of thousands of dollars less than male colleagues.

3 minute read

Daily Dicta: Bitterly Divided Ninth Circuit Judges Snipe at Each Other Over Homelessness Decision

Jenna Greene | April 03, 2019

Much as we'd like to think there are no Obama judges or Bush judges or Trump judges, this holding indicates otherwise.

8 minute read

Jones Day Associates Assail Firm's 'Fraternity Culture' in $200M Sex Bias Suit

Dan Packel | April 03, 2019

The plaintiffs say Jones Day's "black box" compensation model, management and culture have led to systematic discrimination against women attorneys at the firm.

6 minute read

Avenatti Is Out--But Who Should Replace Him in Appeal of $454M Verdict?

Amanda Bronstad | April 02, 2019

Among those filing motions Monday to replace Avenatti, who was charged with extortion and bank fraud last week, were the receiver and a former attorney at his firm who are pursuing a $10 million judgment against him. Separately, two former clients sued Avenatti and others for malpractice.

6 minute read

Ex-Fintech CEO to Pay $17M as SEC Targets Inflated Revenues, Pre-IPO Stock Sales

Ross Todd | April 02, 2019

According to the SEC, former Jumio Inc. CEO Daniel Mattes caused the mobile payments startup to overstate its revenues for 2013 and 2014 by more than $230 million as he sold about $14 million in stock on the secondary, pre-IPO market.

3 minute read

NY Judge Says EEOC Suit Against Perkins Coie Can't Remain Sealed

Colby Hamilton | April 02, 2019

The firm and a former secretary alleging favoritism and a hostile work environment both wanted portions of the documents redacted.

3 minute read

TrueCar Hit With Derivative Suit Over Allegedly Inflated Stock Price

Tom McParland | April 02, 2019

According to the complaint, Santa Monica, California-based TrueCar, which operates an internet-based platform for car pricing, disclosed the possibility of changes as merely a risk to its bottom line for nearly a year, when in fact it knew that they were already underway.

4 minute read

Nasty Fight Over Litigation Funding in Florida Crosses Into Texas Court

Angela Morris | April 02, 2019

Florida attorney J.B. Harris said he denies all of the allegations in former co-counsel Phillip Howard's lawsuit in Texas. “It's a frivolous lawsuit and I'm going to seek sanctions against him,” Harris said.

5 minute read

What Big Law Clients Are Saying About 'Backward' Obamacare Ruling in Amicus Briefs

Nate Robson | April 02, 2019

The filings included unusual alliances, and even saw two Republican states come out against a district court judge who struck down the law.

7 minute read

Daily Dicta: From Mattresses to Burritos, 'Event-Based' Securities Class Actions Fall Flat

Jenna Greene | April 02, 2019

As a pair of wins by Morgan Lewis and Latham show, securities class action plaintiffs can only stretch the event-based theories so far.

7 minute read

Facing Fraud Charges, Michael Avenatti Appears in California Court

Amanda Bronstad | April 01, 2019

Prosecutors in Los Angeles charged Avenatti with two counts, one bank fraud and the other mail fraud, and a federal magistrate judge has scheduled a post-indictment hearing for April 29.

5 minute read

Fired at Age 61, Big Law Associate Clears Hurdle in Age Bias Suit

Jack Newsham | April 01, 2019

Alan Laufer was Pryor Cashman's oldest associate when he was fired. The firm says that's not why they let him go.

3 minute read

Delaware Court Tosses Uber Derivative Suit Over Stolen Trade Secrets

Tom McParland | April 01, 2019

The ruling found that Travis Kalanick faced a "substantial likelihood of liability" for failing to heed warnings that Otto founder Anthony Levandowski had downloaded thousands of proprietary files from Google's self-driving business Waymo before he left to form the San Francisco-based startup.

5 minute read

Florida Attorneys Win $4.8M Over Former Lawyer's 'Preventable' Heart Attack on Birthday Cruise

Raychel Lean | April 01, 2019

South Florida jurors sided with the family of former Chicago lawyer Richard Puchalski, who claimed a cruise ship doctor gave him medication that caused a deadly heart attack.

8 minute read

'Troubling Dicta' by Gorsuch in Death Case Draws Sotomayor Rebuke

Marcia Coyle | April 01, 2019

“Last-minute stays should be the extreme exception, not the norm," Gorsuch wrote Monday. Sotomayor was having none of it.

6 minute read

Daily Dicta: From Heather Tewksbury to Heather Nyong'o: When a First Chair Litigator Changes Her Name

Jenna Greene | April 01, 2019

Every professional woman considers the career ramifications of changing her name after marriage, but it's a particular dilemma for lawyers. Especially if over 17 years you've built a reputation as a first-chair litigator--and your new husband's name isn't the easiest to pronounce.

5 minute read

Ted Cruz Challenges Law Limiting His Campaign From Repaying His Loans as Unconstitutional

Angela Morris | April 01, 2019

The complaint explained that the Bipartisan Campaign Reform Act, an amendment to the Federal Election Campaign Act, says if a candidate takes out loans for his campaign, then the campaign committee can't repay any loan over $250,000 after the election is over.

4 minute read

Analysis

Oracle Hits Back at Google and 'Usual List of Amici'

Scott Graham | March 29, 2019

Oracle has accused Google of rehashing the same copyrightability arguments that the Supreme Court has already rejected.

3 minute read

Pa. Federal Judge Narrows Essure Birth Control Litigation

Max Mitchell | March 29, 2019

A federal judge in Pennsylvania has shaved off numerous tort and breach of warranty claims brought by plaintiffs over the birth control device Essure, finding that many of the plaintiffs' claims were not brought within the statute of limitations.

3 minute read

AG Barr Preps 400-Page Mueller Report for 'Mid-April' Release

C. Ryan Barber | March 29, 2019

“Although the president would have the right to assert privilege over certain parts of the report, he has stated publicly that he intends to defer to me," Barr wrote in a letter to Congress on Friday.

4 minute read

Podcast

Podcast: A Federal Judge on Growing Up White in the Segregated South

Vanessa Blum | March 29, 2019

This week's Legal Speak podcast is a revealing interview with U.S. District Judge William Alsup, who says he refuses to "candy-coat" the past when examining the evolution of his attitudes about race.

2 minute read

Florida Lawyer Who Played Key Role in Bush v. Gore is Charged With Obstruction, Resisting Arrest

Raychel Lean | March 29, 2019

Miami-Dade police say Joseph Klock Jr. refused to hand over a key to a locked bedroom when officers responded to a report of a shooting, but Klock claims otherwise.

5 minute read

Litigators of the Week: How Orrick and Weil Lawyers Teamed Up to Blow Talc Plaintiff Away

Jenna Greene | March 29, 2019

'We made a deliberate strategic decision to trust the jury to understand important distinctions in the scientific evidence. The speed with which they returned a defense verdict makes clear they did.'

7 minute read

Jenna Greene | March 29, 2019

Honorable mention goes to lawyers from Quinn Emanuel; Hogan Lovells; Mitchell Silberberg; and Proskauer.

2 minute read

Defamation Case Against Alex Jones Over Charlottesville Theories Gets Green Light

Samantha Joseph | March 29, 2019

A team from Georgetown Law's Civil Rights Clinic represents the plaintiff.

3 minute read

PricewaterhouseCoopers Faces Collective Action by Job Applicants in Age Bias Case

Ross Todd | March 28, 2019

A federal judge in San Francisco has conditionally certified a collective action of applicants over 40 years old who claim PricewaterhouseCoopers systematically weeded out older workers from consideration for entry-level positions.

2 minute read

FTC Settlement: Office Depot Could Have Saved $25M by Heeding Employees' Concerns

Kristen Rasmussen | March 28, 2019

Boca Raton, Florida-based Office Depot Inc. and its subsidiary Support.com agreed to pay $25 million and $10 million, respectively, to settle allegations that they tricked customers into spending millions of dollars on repairs by deceptively claiming that they had found malware symptoms or infections on consumers' computers, an alleged scheme first flagged by store employees, the FTC said.

4 minute read

Bloomberg Denied Legal Fees in Infringement Case Over Use of Stock Symbols

Tom McParland | March 28, 2019

U.S. Chief Judge Leonard P. Stark ruled there was no evidence Quest Licensing Corp. had acted in bad faith by pursuing its claims.

3 minute read

NY AG Announces Country's 'Most Extensive' Lawsuit Against Opioid Makers, Sackler Family

Dan M. Clark | March 28, 2019

Attorney General Letitia James announced the new litigation Thursday morning in Manhattan, where she said it will be the country's most extensive lawsuit aimed at addressing the ever-growing opioid epidemic.

6 minute read

When Crisis Hits, Silence Is Not an Option for Lanny Davis

Ben Seal | March 28, 2019

Davis has a focused understanding of a lawyer's role in times of crisis.

4 minute read

Boies Schiller Got a Raw Deal in Sanctions Fight. Here's Why

Jenna Greene | March 28, 2019

I love a good sanctions smack-down. So what might a litigator as renowned as David Boies get his hand slapped for? The answer: Not much.

7 minute read

Monsanto Slammed With $80M Verdict in First Federal Roundup Trial

Amanda Bronstad | March 27, 2019

After one day of deliberations, jurors in San Francisco found that Monsanto, now owned by Bayer AG, was liable for plaintiff Edwin Hardeman's non-Hodgkin lymphoma. The award includes $75 million in punitive damages.

4 minute read

Ex-IBM Employees Sue Company in Federal Age-Discrimination Lawsuit

Jason Grant | March 27, 2019

The former workers say they are just four of more than 20,000 IBM employees over age 40 who've been discharged during the past six years as the company secretly looked “to correct seniority mix” by replacing baby boomers with college graduates and other tech-savvy young workers.

5 minute read

More Firms Land Defense Roles in College Admissions Cases

Jack Newsham | March 27, 2019

Orrick, White & Case and Skadden are among several firms that have made appearances in the last week. Some firms are doubling or even tripling up on clients.

4 minute read

9th Circuit Reviewing Lead Plaintiff Appointment in Suits Over Elon Musk Tweets

Amanda Bronstad | March 27, 2019

The Ninth Circuit found that a petition challenging U.S. District Judge Edward Chen's order appointing the lead plaintiff in consolidated securities class actions brought over Tesla CEO Elon Musk's tweets raised issues that "warrant an answer."

4 minute read

Justice Roberts Straddles the Middle as Gorsuch Questions Federal Regulatory Power

Tony Mauro | March 27, 2019

U.S. Supreme Court might not be closing the door just yet on deference to regulators.

4 minute read

Daily Dicta: Wait, What? Chicago Prosecutors Drop Charges against Jussie Smollett for Hoax Hate Crime

Jenna Greene | March 27, 2019

Chicago prosecutors face the wrath of the city and the nation for dropping charges against actor Jussie Smollett. Did he get special treatment--or was it actually or the opposite?

8 minute read

Prosecutor Tells Judge Mueller Grand Jury 'Continuing Robustly'

Mike Scarcella | March 27, 2019

Unidentified foreign government-owned company, represented by Alston & Bird, requests continued secrecy at hearing Wednesday in D.C. federal court.

4 minute read

SEC Ends Losing Streak at SCOTUS

Mike Scarcella | March 27, 2019

The justices' divided ruling Wednesday in Lorenzo v. SEC comes after two losses last term at the high court.

6 minute read

2nd Circuit Weighs Whether Trump's Personal Twitter Account Is a Public Forum

Colby Hamilton | March 26, 2019

The government sought to make distinctions between Trump's official and private actions on Twitter, while the blocked Twitter users argued the fine lines were obliterated when the President blocked them over their policy viewpoints.

5 minute read

Research

Securities Class Action Settlements Totaled $5 Billion in 2018, Report Says

Amanda Bronstad | March 26, 2019

Cornerstone Research's annual report also found that average settlement values rose, with many of them landing between $10 million and $48 million last year.

3 minute read

Patent Assertion Entities Are Making a Comeback. Here's What Defendants Need to Know

Scott Graham | March 26, 2019

Baker Botts partner Sarah Guske says it's critical to distinguish between the small players looking for a quick payout, and the big entities who've proven their staying power.

10 minute read

SF Jury Asked to 'Send a Message' to Monsanto in First MDL Trial Over Roundup

Ross Todd | March 26, 2019

Lawyers on opposite sides of a lawsuit claiming that Monsanto's Roundup weedkiller causes cancer took turns calling each other's take on the case "offensive" during closing arguments Tuesday morning in San Francisco federal court.

5 minute read

Boies Schiller Client to Face Sanctions Over Dismissed Billion-Dollar Suit

Raychel Lean | March 26, 2019

"The federal courts are no place for radical litigation like this," said Alex M. Gonzalez of Holland & Knight in Miami, whose client prevailed when U.S. District Judge Darrin P. Gayles awarded sanctions against the plaintiff in a billion-dollar antitrust lawsuit.

5 minute read

Oklahoma AG Settles Opioid Suit Against Purdue Pharma for $270 Million

Max Mitchell | March 26, 2019

The reports come a day after the Oklahoma Supreme Court denied the company's efforts to delay what would have been the first trial focusing on the opioid manufacturer's conduct.

3 minute read

Daily Dicta: When a Settlement Demand Is Actually Extortion, Michael Avenatti Edition

Jenna Greene | March 26, 2019

The charge points to an interesting gray area in the law: Where to draw the line between a legitimate settlement demand and extortion?

7 minute read

Will Courts Have the Final Say Whether Mueller's Report Gets Released?

Ellis Kim | March 25, 2019

The efforts to wrest Mueller's findings into public view could play out on three separate legal tracks.

5 minute read

Duke University to Pay $112.5M to Settle Fake Research Case

Sue Reisinger | March 25, 2019

A former Duke University lab employee will receive nearly $34 million after the school Monday settled his False Claims Act lawsuit for $112.5 million alleging that another lab technician faked research data to obtain funding from federal agencies.

5 minute read

Judge Boots Baker & Hostetler Partner From Defense of First Bellwether Opioid Trial

Amanda Bronstad | March 25, 2019

U.S. District Judge Dan Polster disqualified the firm and Cleveland partner Carole Rendon, who represents Endo Pharmaceuticals Inc. but previously headed an opioid task force while serving as U.S. attorney of the Northern District of Ohio from 2016 to 2017.

5 minute read

NY Client-Poaching Suit Escalates With Claims About Undercover Paralegal

Jack Newsham | March 25, 2019

The Ginarte firm revealed Friday that one of its paralegals pretended he was injured on a construction site and recorded conversations with two lawyers at Schwitzer's firm.

5 minute read

Litigation Leaders: Kirkland's Mark Filip on Lateral Hiring, 'Perry Mason' Moments and Training the Next Generation

Jenna Greene | March 25, 2019

'Litigators here know the ultimate resolution of a dispute is in a courtroom, and we prepare cases so they can be successfully resolved in court and at trial if necessary.'

12 minute read

What Lawyers Are Saying About Barr's Obstruction Call

Mike Scarcella | Nate Robson | March 25, 2019

U.S. Attorney General William Barr's decision to resolve whether Trump committed obstruction of justice amid the Mueller probe set off a firestorm of debate among legal scholars and practitioners. Here's a snapshot of what lawyers are saying.

7 minute read

$775M Global Deal Reached in Xarelto Litigation, Resolving Claims in Federal and Pa. Courts

Max Mitchell | March 25, 2019

All of the filed cases are based on claims that Bayer and Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, failed to adequately warn that the drug could cause dangerous bleeding episodes.

3 minute read

READ: Mueller's 'Principal' Findings in Russia Investigation

C. Ryan Barber | Ellis Kim | March 24, 2019

“The Special Counsel states that 'while this report does not conclude that the President committed a crime, it also does not exonerate him,” Attorney General William Barr wrote in a letter to Congress.

5 minute read

FOIA Lawsuit Demands Release of Mueller Report

Ellis Kim | C. Ryan Barber | March 22, 2019

"I remain committed to as much transparency as possible, and I will keep you informed as to the status of my review," Barr wrote in a letter to U.S. Senate and House judiciary leaders Friday.

4 minute read

The Mueller Investigation Was a Gift to the White-Collar Bar

Ryan Lovelace | March 22, 2019

With plenty of work left to be done, the investigation has already been a career-defining event for scores of lawyers on both sides.

6 minute read

In Facebook Privacy Derivative Suit, Plaintiffs Plan to Replead Federal Claims

Ross Todd | March 22, 2019

U.S. District Judge Haywood Gilliam Jr. dismissed all state law claims in the shareholder derivative lawsuit brought in the wake of Facebook's Cambridge Analytica scandal. But the judge gave the plaintiffs a chance to amend their claims brought under the federal securities laws.

3 minute read

Will Supreme Court Dunk on Ninth Circuit Copyright Ruling in Iconic Michael Jordan Photo?

vtariyal | March 22, 2019

With Oracle and Google on the horizon, SCOTUS may take up a more fun Ninth Circuit case involving a 35-year-old photo of Michael Jordan.

3 minute read

Ex-Kirkland Partner Robert Khuzami to Exit SDNY Deputy Role

Dan Packel | March 22, 2019

Audrey Strauss, currently senior counsel in the office, will replace Khuzami as deputy U.S. attorney, and Craig Stewart, an Arnold & Porter partner, will serve as chief counsel.

2 minute read

Litigator of the Week: Boies Schiller's Dunn Scores in Clash of Tech Titans

Jenna Greene | March 22, 2019

Boies Schiller Flexner partner Karen Dunn led a team in scoring a win worth billions to Apple—a key battle in a larger fight against Qualcomm.

6 minute read

Jenna Greene | March 22, 2019

A shout-out to our Litigator of the Week runners up from Clare Locke; Reed Smith and Beveridge & Diamond.

2 minute read

Gordon Caplan Scheduled to Appear in Court Alongside Lori Loughlin in College Admissions Case

Roy Strom | March 21, 2019

Gordon Caplan will appear alongside the "Full House" actress for an initial appearance in Boston federal court on April 3.

2 minute read

DC Circuit Weighs 'Quickie' Election Rule in UPS Union Dispute

Erin Mulvaney | March 21, 2019

In an amicus brief, lawyers for the U.S. Chamber of Commerce warn a ruling could extend so-called "Auer deference."

4 minute read

How Did Gibson Dunn, Perkins Coie and Lowenstein Sandler Get Duped by a 20-Something Who Claimed to Be a Heiress?

Dan Packel | March 21, 2019

The firms were stiffed for over $250,000 by an alleged socialite grifter, prosecutors say, raising a red flag about the need for client vetting.

4 minute read

11th Circuit OKs Strip Club's $10K Verdict--Plus $280K in Legal Fees

Greg Land | March 21, 2019

The jury found that a DeKalb County raid in 2013 violated the constitutional rights of Follies strip club.

7 minute read