Litigation Daily | Expert Perspectives On The Biggest Cases

David Lat Grits His Way Through COVID-19 Recovery, Now 'Open for Business'

Jason Grant | June 18, 2020

In a recent interview, David Lat said he's back to full-time work and "open for business." But like many patients who are among the first to survive a severe COVID-19 infection, he said he'd wondered whether he'd ever be the same.

10 minute read

In Tax Case Against Yahoo Successor, IRS Goes After $1.5 Billion

Ellen Bardash | June 18, 2020

The IRS told Altaba it owed $1.5 billion in unassessed income and employment tax liabilities after revising the claim once and then a second time after Altaba filed its 2019 income tax return in April.

4 minute read

Despite Democrats' Concerns, Justin Walker Confirmed to DC Circuit

Jacqueline Thomsen | June 18, 2020

Walker was confirmed by a 51-42 vote.

3 minute read

Former In-House Lawyer Files Gender, Age Discrimination Suit Against Con Edison

Dan Clark | June 18, 2020

Upon information and belief, ConEd's explanation was pretext for age and sex discrimination and retaliation based on Goldzweig's protected complaints," former ConEd in-house attorney Sharon Goldzweig said in her complaint.

3 minute read

Judge Sets Hearing on Trump's Bid to Block Bolton Memoir

C. Ryan Barber | June 18, 2020

The Justice Department asked for a temporary restraining order to halt publication of the book on the grounds it contains classified information.

4 minute read

Daily Dicta: Don't You Dare Tell These Law Prof Amici They Have 'No Special Insight'

Jenna Greene | June 17, 2020

The underlying case involves Arkansas' so-called "ag-gag" rule that would stymie undercover exposés of industrial agriculture--and it raises meaty First Amendment issues.

6 minute read

Amazon (and Fenwick) Win Patent Infringement MDL Appeal as Fee Motion Looms

Scott Graham | June 17, 2020

Fenwick & West has led the charge for Amazon since PersonalWeb Technologies sued 80 of its customers. The Federal Circuit ruled Wednesday that a previous suit against Amazon, though voluntarily dismissed, precluded many of the new claims.

4 minute read

Ex-Federal Prosecutors Say Government's Argument in Bail Proceedings for Lawyers Accused of Molotov Cocktail Attack Contradicts Settled Law

Jane Wester | June 17, 2020

Assistant U.S. Attorney David Kessler argued that Colinford Mattis and Urooj Rahman had to be detained because they might cause disorder amid ongoing protests against police brutality in Brooklyn.

4 minute read

Unresolved Questions Await Supreme Court After Landmark LGBT Rights Ruling

Marcia Coyle | June 17, 2020

The pending cases raise questions involving the intersection of religion and anti-discrimination laws, an issue left unresolved by the justices' landmark decision extending workplace anti-bias protections to gay, lesbian and transgender employees.

8 minute read

As Noel Francisco Heads Out, DOJ's Jeffrey Wall to Be Acting US Solicitor

Marcia Coyle | June 17, 2020

Speaking on a college campus last year, Jeffrey Wall lamented what he said was a shift in power toward the judiciary in recent years. "It's only going to get worse," he asserted, to the detriment of the executive branch.

6 minute read

Suit Against DLA Piper Claims Firm's Mistaken Email Revealed 'Double Dealing'

Dylan Jackson | June 17, 2020

After client Ferrellgas Partners contacted the firm about the email, DLA said it conducted an internal investigation, the suit claims.

4 minute read

Wait, Are We Actually Supposed to Care About a Government Taskforce?

Jenna Greene | June 17, 2020

Let's say the taskforce was composed of Ralph Nader, Elizabeth Warren, Letitia James, David Vladeck and I don't know, Gandhi. That still doesn't mean the current CFPB leadership would listen to anything they had to say.

5 minute read

Ex-Client Files $1.3M Fraud Suit Against Foley & Lardner, 2 Houston Lawyers

Brenda Sapino Jeffreys | June 16, 2020

A former client of Foley & Lardner claims the firm and two of its lawyers fraudulently induced him to invest in another firm client that was having cash-flow problems.

3 minute read

'I'm a Little Bit Exhausted': Sidley's Lisa Gilford on the Fight Against Police Brutality

Amanda Bronstad | June 16, 2020

Gilford, a partner at Sidley Austin in Los Angeles who works with the NAACP Legal Defense and Educational Fund, said racism cuts across all African Americans. "We're not protected by our status as professionals," she said.

6 minute read

Read the Complaint: Trump Sues John Bolton Over His Memoir

Nate Robson | June 16, 2020

"This is a civil action by the United States to prevent Defendant John R. Bolton, a former National Security Advisor, from compromising national security by publishing a book containing classified information," the Justice Department said in its complaint Tuesday in Washington.

4 minute read

An 'Old White' Trial Lawyer Tries to Understand

Mike Kenny | June 16, 2020

"I'm an old white trial lawyer. I'm privileged and don't pretend to understand, at an emotional level, how African Americans feel about racial injustice, police brutality, Confederate flags and army bases named after Confederate generals. And yet I must try."

5 minute read

Apple Faces New Probes by Europe's Competition Watchdog

Anne Bagamery | June 16, 2020

The investigations are preliminary in nature but significant for introducing a new focus of competition regulation: away from market dominance and toward a company's role as a "gatekeeper" to market access, lawyers said.

4 minute read

As Social Media Use Rises, What Does This Mean for Litigation?

Michael Poskonka | Allison Oliver | June 16, 2020

With many Americans still spending most of their time at home amid the COVID-19 pandemic, most people are turning to social media to connect with others. Often, social media content can provide case-relevant intelligence that can be pivotal in defending litigation.

5 minute read

Daily Dicta: Big Law Is on the Right Side of History in Landmark LGBT Decision

Jenna Greene | June 16, 2020

The case attracted a stellar crop of amicus briefs from many of the top law firms in the country—and across the board, every single one of them sided with the LGBT employees.

11 minute read

2nd Circuit Upholds Bed Bath & Beyond Win in Workers' Overtime Appeal

Tom McParland | June 15, 2020

The ruling upheld a lower court's decision to toss the case on summary judgment, finding insufficient evidence to support the plaintiffs' claims regarding Bed Bath & Beyond's use of a "fluctuating workweek" formula to compensate employees for overtime hours.

4 minute read

In Oculus Rift Technology Dispute, Founder Palmer Luckey Likely Headed for Trial

Alaina Lancaster | June 15, 2020

A Ninth Circuit ruling reversing summary judgment in the case marks a win for Quinn Emanuel Urquhart & Sullivan attorneys Robert Stone and Brian Cannon in Redwood City, California, who represented plaintiff-appellant Total Recall Technologies.

4 minute read

Justices Tangle Over Textualism in Major Win for LGBT Workers

Marcia Coyle | June 15, 2020

Monday's landmark win for LGBT workers revealed intense disagreements within the court's conservative wing. Justice Samuel Alito called the majority decision, written by Justice Neil Gorsuch, "breathtaking" in its "arrogance." Added Kavanaugh: "The best way for judges to demonstrate that we are deciding cases based on the ordinary meaning of the law is to walk the walk."

7 minute read

Pillsbury Commits $11M Over 3 Years to Equal Justice Causes

Patrick Smith | June 15, 2020

Pillsbury Winthrop Shaw Pittman's commitment, taken together, is the largest by far from Big Law in the recent efforts to promote racial justice and equity in America.

5 minute read

What's Next for Litigation Funding in a COVID-19 World?

Shari L. Klevens | Alanna Clair | June 15, 2020

Litigants seeking outside funding must often share work product information with their potential funders, but if such materials were disclosed publicly or to an opponent, it could seriously undermine a client's case.

6 minute read

'No Contest': Gorsuch Leads SCOTUS Ruling That Protects LGBT Employees Against Firing

Marcia Coyle | June 15, 2020

"When the express terms of a statute give us one answer and extratextual considerations suggest another, it's no contest," Justice Neil Gorsuch wrote for the majority. "Only the written word is the law, and all persons are entitled to its benefit."

6 minute read

Litigation Leaders: Venable's Geoff Garinther on COVID Litigation, Client Service and the New Normal

Jenna Greene | June 14, 2020

'We love trying cases and believe we're sought after for our ability to litigate not just on paper but in the courtroom.'

10 minute read

At Boies Schiller, Uncertainty Looms After Dunn and Isaacson's Exit

Dylan Jackson | David Thomas | June 14, 2020

The work generated by Bill Isaacson and Karen Dunn, and a group of departing West Coast partners, could be as much as $100 million in business—nearly a quarter of the firm's 2019 gross revenue.

7 minute read

And the LOTW Runners Up...

Jenna Greene | June 12, 2020

Honorable mention goes to lawyers from Foley Hoag; Amineddoleh & Associates; Husch Blackwell; Kirkland & Ellis; O'Melveny & Myers; Stris & Maher and Goodwin Procter.

4 minute read

SDNY Prosecutors Charge Art Dealer in Alleged $20M Fraud Scheme

Tom McParland | June 12, 2020

Among the notable pieces connected to the alleged scheme were works by Jean-Michel Basquiat and Christopher Wool, as well as an untitled 2012 painting by Rudolf Stingel, depicting artist Pablo Picasso.

4 minute read

Ice Cube's Big3 Basketball League Ends Fraud, Malpractice Suit Against Quinn Emanuel

Dan Packel | June 12, 2020

Big3's lawsuit, which Quinn Emanuel had derided as "fantasy-laden," lasted just 11 days.

3 minute read

Citing Pandemic, Avenatti Again Tries to Route Stormy Daniels Theft Charges to California Court

Tom McParland | June 12, 2020

The embattled celebrity attorney, who was convicted in February of trying to extort Nike Inc., has renewed his bid to transfer the case charging him with stealing money from his former client, adult-film star Stormy Daniels, from New York to Los Angeles.

5 minute read

DC Circuit Doesn't Sound Eager to Force Dismissal of Case Against Michael Flynn

C. Ryan Barber | June 12, 2020

"I don't see why we don't observe regular order and allow him to rule," Judge Karen LeCraft Henderson said at one point during Friday's hearing in the D.C. Circuit. Flynn's lawyer, Sidney Powell, argued there was no longer any case or controversy, and the trial judge must dismiss the case against Flynn, at the request of the Trump Justice Department.

7 minute read

Is It Time to Change How We Think About Bench Trials?

Mitchell S. Goldberg | Richard Lloret | June 12, 2020

As the backlog of cases build, we write to start a dialogue and suggest that trial lawyers and trial judges, both of whom are understandably concerned about timely case resolution, need to give more thought and consideration to bench trials.

8 minute read

Litigator of the Week: Sidley's Seitz Shuts Down Out-of-State Plaintiffs in Essure Mass Tort

Jenna Greene | June 12, 2020

The decision "recognizes that plaintiffs must bring their claims in a state that has real connections to those claims," Seitz said. "As a result, state courts will not expend their judicial and financial resources on cases that have no connection to that state or its citizens."

6 minute read

9th Circuit Certifies Question in Litigation Funding Suit to NY Court of Appeals

Tom McParland | June 11, 2020

The certified question from the U.S. Court of Appeals for the Ninth Circuit asked the New York Court of Appeals to decide whether the arrangement qualified as a "loan" or "cover for usury" under a state statute, which caps the amount of interest that can be charged for lending.

3 minute read

'Wise Lawyers Keep Accurate Time Records': Calif. Court Denies Attorney's Bid for More Fees

Ross Todd | June 11, 2020

Attorney Michael Traylor was seeking $308,000 for early work on a case that ultimately yielded a $7 million settlement. The Second District Court of Appeal found that Traylor hadn't handed over his file to lawyers who took over the case and had submitted three separate accounts of time spent on the matter.

4 minute read

'Gross Abuse of Executive Power': Trump Faces Second Lawsuit Over Forced Clearing of Lafayette Square Protesters

Jacqueline Thomsen | June 11, 2020

"This case concerns a day that will live in infamy. It's the day that our federal executive branch unleashed a military and paramilitary force on a band of peaceful protesters assembled in historic Lafayette Park across from the White House," the complaint reads.

3 minute read

Florida Chief Judge Is Clamping Down After Reports of Porn on Zoom, PDA and Attorneys With No Pants

Raychel Lean | June 11, 2020

One attorney appeared on the livestream wearing a business suit without any pants — a faux pas he inadvertently gave away by crossing his legs.

4 minute read

CNN's General Counsel Rejects Demand by Trump Campaign: 'That's How Free Speech Works'

Phillip Bantz | June 11, 2020

"It is yet another bad faith attempt by the campaign to threaten litigation to muzzle speech it does not want voters to read or hear," wrote CNN general counsel David Vigilante.

5 minute read

Top Litigators Karen Dunn, Bill Isaacson Leave Boies Schiller for Paul Weiss

Christine Simmons | June 11, 2020

Paul Weiss is now planning to enter the Northern California market, aligning with its new partners' tech client base.

4 minute read

Daily Dicta: Lowering the Barr

Jenna Greene | June 11, 2020

Bill Barr is gunning for a place in history as one of the worst attorneys general. What a disappointment he has turned out to be.

6 minute read

'It's a Moral Issue': Plaintiffs Attorney Navan Ward Talks About George Floyd Protests

Amanda Bronstad | June 10, 2020

For Ward, a principal at Beasley, Allen, Crow, Methvin, Portis & Miles and African American, the issue of racial justice is personal.

5 minute read

Alston & Bird Takes on Trump as a Client by Adding Spears & Imes Litigation Partner

David Thomas | June 10, 2020

Joanna Hendon is representing President Donald Trump, three of his children, and his company, The Trump Organization, in a lawsuit alleging they defrauded investors by promoting doomed products and services.

3 minute read

Brian Benczkowski Stepping Down as Head of DOJ's Criminal Division

C. Ryan Barber | June 10, 2020

The former Kirkland & Ellis partner will be replaced by his top deputy, Brian Rabbitt, a former Trump White House lawyer who joined the criminal division earlier this year after serving as Barr's chief of staff.

4 minute read

From $111,000 to Zero? This Florida Ruling Shows How Insurance Litigation Can Go Wrong

Raychel Lean | June 10, 2020

The case resulted in a plaintiff's award that continually shrank until it amounted to nothing — plus attorney fees for the defense.

5 minute read

Federal Judiciary Group Releases Guidelines for Resuming Jury Trials

Ross Todd | June 10, 2020

A subgroup of the federal judiciary's COVID-19 Judicial Task Force suggests having cleaning personnel continuously wipe down the handrails of courthouse stairwells due to limitations on elevator capacity. It also flags constitutional challenges criminal defendants might have due to remote testimony from witnesses.

3 minute read

Analysis

Bridgegate: Open Questions After SCOTUS Narrows Fraud Statutes

Robert J. Anello | Richard F. Albert | June 10, 2020

White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss the Supreme Court's recent reversal of the "Bridgegate"-related convictions and its implications, writing that the extent to which the principles articulated in that decision will have an impact on future federal fraud prosecutions is currently being tested in another high-profile case currently on appeal before the Second Circuit where the "right to control" theory is at issue.

12 minute read

Litigators of the Week: Kirkland Trio Dances Off With a Win in Video Game Copyright Suits

Jenna Greene | June 05, 2020

Representing video game makers Epic Games and Take-Two Interactive, the Kirkland trio has fended off a series of 10 lawsuits, including the most recent—a claim by University of Maryland basketball players Jaylen Brantley and Jared Nickens.

14 minute read

Federal Judge Rules Neither Trump Nor Avenatti Gets Cut of Stormy Daniels' $450,000 Settlement

Jason Grant | June 04, 2020

In an eight-page order, U.S. District Judge Michael Watson of the Southern District of Ohio denies Trump's notice of registered foreign judgment seeking $293,052 of Daniels' settlement and tosses aside Avenatti's attorney lien seeking allegedly unpaid attorney fees from unrelated representation of Daniels.

4 minute read

Ex-Judge Who Sued Dry Cleaner for $67M Over Lost Pants Hit With 90-Day Bar Suspension

Marcia Coyle | June 04, 2020

The D.C. Court of Appeals said Roy Pearson Jr. had "chosen at every step of the disciplinary process, including as recently as his oral argument in this appeal, to levy accusations against disciplinary counsel, the board, the hearing committee, and this court."

4 minute read

Trump, Barr Sued for Use of Force Against Lafayette Square Demonstrators

Dylan Jackson | June 04, 2020

The complaint centers on a Monday protest in Washington D.C.'s Lafayette Park, which was broken up by federal law enforcement with tear gas and pepper spray.

4 minute read

SDNY Judge Denies Bernie Madoff's Bid for Compassionate Release Following Terminal Diagnosis

Tom McParland | June 04, 2020

"In my view, Mr. Madoff's crimes were 'extraordinarily evil,' and I sentenced him accordingly," U.S. District Judge Denny Chin wrote on Thursday.

4 minute read

In Ahmaud Arbery Murder Case, a Shocking Racial Slur in Court Hearing

Katheryn Tucker | June 04, 2020

"That's some devastating evidence, but we don't know if it's going to be admissible," criminal defense attorney Page Pate observed.

5 minute read

Whistleblower Receives Largest Award in SEC History

C. Ryan Barber | June 04, 2020

With the latest award, the SEC topped its previous record: a $39 million bounty issued in 2018.

3 minute read

Daily Dicta: In $4B Apple Securities Class, Judge Moves to Bump Labaton for Robbins Geller

Jenna Greene | June 04, 2020

What's so unusual is how U.S. District Judge Yvonne Gonzalez Rogers has handled competing claims by Labaton Sucharow and Robbins Geller to lead the nearly $4 billion case against Apple.

5 minute read

Federal Circuit Again Called on to Judge the 'Patent Dance'

Scott Graham | June 03, 2020

Genentech is looking to block sales of Amgen's cancer biosimilar Mvasi, because Amgen failed to provide 180 days' notice when it shifted manufacturing plans from California to Rhode Island. Judge Kimberly Moore said Genentech is proposing "an extraordinarily broad view" of the Biologics Price Competition and Innovation Act.

4 minute read

As Criminal Investigation Looms, 2nd Circuit Nixes Subpoenas of Attorney Who Filed Sealed Info on Felix Sater

Tom McParland | June 03, 2020

A three-judge panel of the Manhattan-based federal appeals court ruled that the subpoenas, which date back to 2017, were unenforceable because they had not been issued by sitting grand juries.

4 minute read

Texas Attorneys Offer Free Help to People Arrested During Protests Over George Floyd's Death

Angela Morris | June 03, 2020

Texas attorneys in Austin, Dallas and San Antonio are joining a national trend in which criminal-defense lawyers are taking cases of protesters' cases for free. Other attorneys who have done the same hail from California, New York, Florida and other states.

4 minute read

Chicago Judge Refuses to Dismiss McDonald's Workers' Lawsuit Over COVID-19

Amanda Bronstad | June 03, 2020

McDonald's lawyer Jonathan Bunge, of Quinn Emanuel, admitted he was "incensed" that workers didn't raise their concerns with governmental agencies before filing a lawsuit.

6 minute read

Justice Sotomayor Is Leading Voice Against Alleged Police Abuses

Marcia Coyle | June 03, 2020

A series of petitions at the court now urge the justices to reconsider, restrict or abolish the judge-made doctrine of qualified immunity.

6 minute read

'It Could Have Been Me': Black Lawyers Reflect on George Floyd's Death and What Comes Next

Dylan Jackson | June 03, 2020

Black attorneys and legal industry leaders recounted their own experiences with racism and their hopes for the future.

11 minute read

Daily Dicta: Sitting Pretty: Paul Hastings Client Off the Hook in Sephora Makeup Biometric Class

Jenna Greene | June 02, 2020

Rather than protecting privacy, the suits invoking the Illinois Biometric Privacy Act often feel more like attempts at "gotcha."

5 minute read

Mayer Brown Leads Legal Fight Against Trump's Executive Order Targeting Social Media Companies

Alaina Lancaster | June 02, 2020

The lawsuit claims the president's order violates the free speech protections of social media companies and its users.

3 minute read

Ex-Trump Campaign Staffer Files for Release from NDA in Proposed Class Action Suit

Jane Wester | June 02, 2020

In the new filing, Jessica Denson, who is represented by Bowles & Johnson, Ballard Spahr and the advocacy group United to Protect Democracy, asked for a judgment declaring the NDA null, void and unenforceable.

3 minute read

New York-Based Cannabis Company Sued for Fraudulently Taking Lucrative License

Jane Wester | June 02, 2020

The complaint accuses New York-based Columbia Care of tortious interference with contract, unjust enrichment, civil conspiracy, aiding and abetting fraud and aiding and abetting breach of fiduciary duty, among other offenses,

3 minute read

California Appeals Court Hears Arguments on $289M Roundup Verdict

Amanda Bronstad | June 02, 2020

In the first oral arguments over a Roundup verdict, a California appeals court raised numerous questions about Monsanto's defense of federal preemption but appeared hesitant to retain the $39 million in compensatory damages within the $289 million jury award.

5 minute read

Arbery, Floyd and Taylor Family Attorneys Call for National Justice

Katheryn Tucker | June 02, 2020

L. Chris Stewart, Ben Crump and S. Lee Merritt are calling for federal legislation to create a uniform process of holding police accountable for deadly force and United Nations representation for human rights and economic sanctions.

4 minute read

Daily Dicta: Defending the Indefensible (Or Not)

Jenna Greene | June 01, 2020

Our justice system is premised on the notion that even the most awful human beings accused of the most heinous crimes are entitled to a legal defense. Whoever defends Chauvin is sure to be threatened and vilified. But that lawyer will also be brave—braver (ahem) than certain Am Law 100 firms.

5 minute read

2nd Circuit in Lawsuit Over Police Shooting of Mentally Ill Man Rejects Qualified Immunity

Tom McParland | June 01, 2020

The U.S. Court of Appeals for the Second Circuit ruled Monday that former officers from the White Plains Police Department were not entitled to qualified immunity on a motion to dismiss civil claims stemming from the 2011 killing of an elderly, mentally ill black man alone in his city-owned apartment.

6 minute read

Citing George Floyd's Death, Prosecutors Ask California State Bar to Block Police Endorsements

Cheryl Miller | June 01, 2020

A spokeswoman for the California state bar said "it would be premature" for leaders of the agency to comment on a proposal for new ethics rules.

3 minute read

Judge Emmet Sullivan Tells DC Circuit Not to 'Short-Circuit' Flynn Proceedings

C. Ryan Barber | June 01, 2020

"Given the serious allegations in Mr. Flynn's most recent sworn statement, further proceedings in the district court will ensure the integrity of the judicial process and serve the public interest," lawyers from Wilkinson Walsh, representing U.S. District Judge Emmet Sullivan, told the D.C. Circuit on Monday.

7 minute read

Baseball's 'A-Rod' Faces Punitive Damages Over Real Estate Venture With Ex-In-Law

Lidia Dinkova | June 01, 2020

Rodriguez's ex-brother-in-law alleges the former baseball star squeezed him out of profits in their real estate partnership, while Rodriguez counters it's Scurtis who took unauthorized funds from the joint venture.

4 minute read

'I Need to Protect This Prosecution': Minnesota AG Will Lead George Floyd Case

Jacqueline Thomsen | June 01, 2020

Ellison, a former congressman who is Minnesota's first African American attorney general, has a background in civil rights law and previously led the Legal Rights Center in Minneapolis.

6 minute read

Justices Decline to Take Up Constitutional Challenge to Mandatory Bar Dues

Marcia Coyle | June 01, 2020

Justice Clarence Thomas, joined by Justice Neil Gorsuch, said the court should have taken up the bar fee case.

5 minute read

Daily Dicta: Cooley Takes Aim at Latham in Fierce DQ Fight

Jenna Greene | May 31, 2020

Motions to disqualify strike at perhaps the most sacred duties a lawyer owes a client—loyalty and confidentiality. It's not nice to have either one questioned. It's also not nice to get bounced off a case—especially if it's a juicy $250 million lawsuit.

7 minute read

Pryor Cashman Associate Charged With Damaging NYPD Vehicle With Molotov Cocktail During Protest

Jane Wester | May 31, 2020

Colinford Mattis, a corporate lawyer, was accused of driving a van from which an occupant emerged to throw an incendiary device at an unoccupied NYPD vehicle in an act that was caught on camera, according to the U.S. Department of Justice.

2 minute read

Georgia State Bar Windows Smashed as Lawyers Weigh Atlanta Riots, Causes

Jonathan Ringel | May 30, 2020

Atlanta's mayor, a practicing lawyer before she entered public service, showed how black mothers fear for their sons while railing against the "chaos' that disgraced the legacy of hometown hero Martin Luther King Jr. A former chief justice of the state Supreme Court expressed via social media African Americans' exhaustion and frustration with racism.

9 minute read

King & Spalding Fights WhatsApp's 'Drastic' Disqualification Bid in Cyber Case

Mike Scarcella | May 30, 2020

A team from King & Spalding, including former partner and now FBI Director Christopher Wray, provided legal services to WhatsApp in a sealed matter four years ago. WhatsApp's counsel at Cooley says the firm acquired confidential information relevant to a pending case where King & Spalding represents a WhatsApp adversary.

6 minute read

In 5-4 Split, Supreme Court Rejects Challenge to California's COVID-19 Restrictions on Religious Services

Cheryl Miller | May 30, 2020

"Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports, and theatrical performances, where large groups of people gather in close proximity for extended periods of time." wrote Chief Justice John Roberts.

3 minute read

In New Stance, DOJ Asks SCOTUS to Shield Domestic Companies From 'Alien Tort' Liability

Marcia Coyle | May 29, 2020

The U.S. Justice Department had argued twice before that corporations—whether domestic or foreign—were liable under the Alien Tort Statute.

4 minute read

'Nasty, Nasty Jerks': Plaintiffs Lawyers Say Insurers Are Exploiting COVID-19-Related Delays

Robert Storace | May 29, 2020

4 minute read

And the LOTW Runners Up...

Jenna Greene | May 29, 2020

Honorable mention goes to litigators from Latham & Watkins; Covington & Burling; Sidley Austin; Quinn Emanuel and Winston & Strawn.

3 minute read

Litigators of the Week: Shearman Trio Stands Up for Open Source Software

Jenna Greene | May 29, 2020

'We wanted to set an example and deter future assertions of (in our view) weak patents against nonprofit entities promoting open source. To that end, we refused to simply settle on a walk-away,' said Shearman & Sterling's Matt Berkowitz, Kieran Kieckhefer and Joy Wang.

7 minute read

Ice Cube's Big3 Sues Quinn Emanuel Over Alleged Conflicts; Firm Says Client Just Doesn't Want to Pay

Dan Packel | May 28, 2020

The Big3, a three-on-three league featuring former NBA talent, says that the firm inserted itself into a dispute with the former commissioner at the behest of its deep-pocketed Middle Eastern client. Quinn called the allegations a "fantasy."

5 minute read

New Study Shows Only Slight Improvement in Women's Representation in NY Courtrooms

Jane Wester | May 28, 2020

NYSBA President Henry "Hank" Greenberg called the lack of change "unacceptable and disturbing," emphasizing that the 2017 report included concrete steps that law firms, clients and judges could take to improve matters.

5 minute read

BitClave in SEC Settlement to Refund Investors $25.5M

Alaina Lancaster | May 28, 2020

The agency said the San Jose cryptocurrency firm led an unregistered initial coin offering of its Consumer Activity Tokens.

2 minute read

Miami Attorney Stages Fee Fight Against Big Tobacco — And Wins $2.4 Million

Raychel Lean | May 28, 2020

"I think this now has motivated a lot of plaintiff's lawyers to stop settling these fee claims and start fighting them because they're realizing that they're leaving half a million to a million dollars on the table every time," the attorney said.

5 minute read

Fired Miami Heat Lawyer Forced Into Arbitration

Phillip Bantz | May 28, 2020

Vered Yakovee, who worked for the NBA team for about four years, alleges that she was fired for requesting maternity leave after she adopted a baby. She argued, unsuccessfully, that she was rushed into signing an arbitration agreement when she was hired.

4 minute read

Expert Opinion

Buyer's Remorse or Material Adverse Effect? A New Wave of Litigation in the COVID-19 World

Angela Zambrano, Rob Velevis | Frank Favia | May 28, 2020

'As the COVID-19 crisis continues, more parties will likely continue to look to MAE clauses to attempt to exit deals,' write Sidley Austin partners Frank Favia, Angela Zambrano and Rob Velevis.

12 minute read

'Unlawful and Unenforceable': Legal Experts Slam Trump's Attempt to Target Social Media Companies

Jacqueline Thomsen, Nate Robson | Mike Scarcella | May 28, 2020

A draft version of the executive order calls to clarify the current protections given to online publishers, a move that could open up platforms to legal challenges.

5 minute read

Daily Dicta: Why Is Quinn Emanuel's Alex Spiro Bringing a Books and Records Suit? Hint: Jay-Z

Jenna Greene | May 28, 2020

"Forty inmates dying in the last few months at Parchman alone is neither outstanding nor innovative," Spiro said "And it's definitely nothing to be proud of."

5 minute read

Wilmer, Dechert Among Firms Awarded $6.8M in Texas Voter ID Litigation

Nate Robson | May 27, 2020

The judge cut Wilmer's fee request by 60% after finding the firm failed to provide detailed billing rates.

4 minute read

Non-Practicing Entity Buys Patents From IBM, Turns Them Against Oracle

Scott Graham | May 27, 2020

After paying a reported $9 million for part of Big Blue's portfolio last fall, NPE Daedalus Blue has now enlisted Bunsow De Mory to assert five of the patents against the database giant.

3 minute read

Expert Opinion

Zoom Trials: Same Dog, New Tricks

William Dorsey | May 27, 2020

Blank Rome business litigation partner William Dorsey shares what he learned from a recent, two-day contested evidentiary hearing--including the need to wear pants.

5 minute read

SCOTUS Conference Watch: Qualified Immunity, State Bar Fees and Firearms

Marcia Coyle | May 27, 2020

A growing and ideologically diverse chorus of individuals and organizations have been asking the Supreme Court to reconsider the doctrine of qualified immunity.

6 minute read

More Churn at Williams & Connolly as Patent Litigation Co-Chair Decamps for Quinn Emanuel

Dan Packel | May 27, 2020

Kevin Hardy was named to the role at Williams & Connolly less than six months ago, after previous co-chair Adam Perlman decamped for Latham & Watkins.

3 minute read

Drawn to Niche Practices, Group of 5 Litigators Leaves Akin Gump for Cozen O'Connor

Erica Silverman | May 27, 2020

Two of the partners will co-chair Cozen O'Connor's national class actions practice group, making their move less than two years after joining Akin Gump.

3 minute read

Masks, Sanitizer and Measuring Tape: What Post-Pandemic Jury Trials May Look Like

Michael Riccardi | May 27, 2020

Constitutional mandates must be balanced with juror safety, which all court leaders identified as the top priority.

8 minute read

Daily Dicta: Insurance Defense Has Never Been So Sexy

Jenna Greene | May 26, 2020

The industry's latest champion? O'Melveny & Myers trial practice chair Daniel Petrocelli, who is representing Chubb Group in a fight with the Simon Wiesenthal Center over lost income from cancelled events including a dinner honoring George and Amal Clooney.

6 minute read

Take a Bow: The 2020 D.C. Litigation Departments of the Year

Lisa Helem | May 26, 2020

Our special report recognizes top litigation practices at leading firms in our nation's capital.

4 minute read

Surge of New Suits Filed in New York City as E-Filing Reopens to All Cases

Jane Wester | May 26, 2020

While most court proceedings are still taking place virtually, and litigators in the city are not yet sure when they will be able to argue before a jury or even take an in-person deposition, they praised the state court system for its ability to adapt and carry on amid the pandemic.

2 minute read

US Judge: It's the Right Call to Delay Finjan/Cisco Patent Jury Trial

Scott Graham | May 26, 2020

The judge told Finjan and Cisco that juror resentment could have been a problem if they had gone forward with a June 22 trial date. With the trial now postponed to October, Freeman began looking ahead to how to handle jury questionnaires.

4 minute read

Plaintiffs Move to Consolidate Litigation Against BofA, Chase Bank Over Agents' PPP Loan Fees

Michael A. Mora | May 26, 2020

The lawsuit was brought against several major banks, including Bank of America and Chase Bank, along with regional bank Mountain America Federal Credit Union.

4 minute read

Legal Malpractice Payouts Rise, and With COVID-19, No Crest in Sight

Dan Packel | May 26, 2020

The 2008 recession caused claims to skyrocket. Expect the same to follow for the next few years.

4 minute read

Litigation Leaders: Willkie's Tariq Mundiya on New Offices, Nimble Staffing and Litigating With a Single Purpose

Jenna Greene | May 25, 2020

'Sometimes litigation is like a game of chess, and sometimes it's just good old-fashioned hand-to-hand combat. Regardless of where any particular case falls on that spectrum, Willkie litigators really enjoy what they do and the results demonstrate it. '

14 minute read

Flynn Judge Emmet Sullivan Hires Litigation Ace Beth Wilkinson

Mike Scarcella | C. Ryan Barber | May 23, 2020

Wilkinson has long been in the spotlight in Washington legal circles and beyond as a successful defense-side trial lawyer advocating for major U.S. companies. Her more notable advocacy for individual clients including representing Brett Kavanaugh during his confirmation hearing for the U.S. Supreme Court.

4 minute read

Gibson Dunn Helps Rachel Maddow Beat Defamation Suit by One America News Network

Alaina Lancaster | May 22, 2020

"For her to exaggerate the facts and call OAN Russian propaganda was consistent with her tone up to that point, and the Court finds a reasonable viewer would not take the statement as factual given this context," U.S. District Judge Cynthia Bashant of the Southern District of California.

2 minute read

Lawyers Say Expert Ruling Was 'Tipping Point' for J&J's Talc Withdrawal

Amanda Bronstad | May 22, 2020

Johnson & Johnson attributed its decision this week to discontinue sales of talc-based baby powder to COVID-19 and declining demand, but lawyers and law professors point instead to an April 27 ruling allowing plaintiffs' experts to testify in trials.

6 minute read

Georgia Appeals Court Revives $1.7M of Legal Malpractice Verdict Against Alston & Bird

Greg Land | May 22, 2020

The appeals court found the trial judge inappropriately apportioned the award to a nonparty.

6 minute read

Rep. Devin Nunes' Defamation Case Against CNN Transferred to Manhattan Federal Court

Tom McParland | May 22, 2020

U.S. District Judge Robert E. Payne of the Eastern District of Virginia said it would be more convenient for the parties and witnesses to appear in Manhattan, where CNN is headquartered; he also said the California congressman has no clear ties to Richmond.

3 minute read

And the LOTW Runners Up...

Jenna Greene | May 22, 2020

Honorable mention goes to lawyers from Winston & Strawn; Hagens Berman; Gibson, Dunn & Crutcher and Kirkland & Ellis

2 minute read

Decrying 'Double Standard' in Coverage, Wigdor Drops Biden Accuser Tara Reade as a Client

Tom McParland | May 22, 2020

Wigdor said the decision did not reflect any change in his view of the truthfulness of Reade's claims. Instead, he cited a "double standard" in the media coverage his former client had received.

4 minute read

Litigator of the Week: Weil's Jonathan Polkes Carves Out a Win for Carlyle in Delaware

Jenna Greene | May 22, 2020

'The case directly presents some of the most pressing issues regarding material adverse effect clauses and the pandemic,' said Polkes, the global co-chair of Weil's litigation practice.

11 minute read

Return of E-Filing Will Start Crowded Period for New York Courts, Lawyers Say

Jane Wester | May 21, 2020

Attorneys said it will be important to pay close attention to judges' practices and rules, some of which have been amended due to the pandemic.

4 minute read

In Flynn Case, Judge Sullivan Will Brief DC Circuit About Power of Trial Judges

C. Ryan Barber | May 21, 2020

The Michael Flynn dispute in the D.C. Circuit tees up a fresh clash over the role federal trial judges play in presiding over criminal prosecutions.

7 minute read

Georgia's Bar on 'Wrongful Birth' Suits in Sperm Bank Case Debated at High Court

Greg Land | May 21, 2020

The case is the first time Georgia's justices have been asked to decide whether a 30-year-old decision barring "wrongful birth" lawsuits applies to one of several cases involving a flawed sperm bank donor.

7 minute read

With Patent Jury Trials Set Resume Next Month, Judges Get Creative

Scott Graham | May 21, 2020

Plexiglass, larger deliberation rooms and physically distant seating are some of the safety solutions coming online in the heavy patent dockets of Texas and California. In New York, a judge is mulling a hybrid virtual/in-person bench trial.

10 minute read

SDNY Judge Sanctions Trump Administration Over Document Production in Census Dispute

Tom McParland | May 21, 2020

U.S. District Judge Jesse M. Furman of the Southern District of New York declined to order additional discovery, finding that a coalition of states and nongovernmental organizations had already succeeded in the case.

3 minute read

California's Northern District Delays Criminal Jury Trials Until July, Civil Jury Trials Until October

Ross Todd | May 21, 2020

The court announced Thursday morning that any new criminal jury trials set before June 30 and new civil jury trials set before Sept. 30 will be postponed or vacated due to the COVID-19 pandemic. Individual judges, however, may offer bench trials by videoconference under a newly amended general order.

3 minute read

Daily Dicta: Once Partners, Now Adversaries, Quinn Emanuel and Selendy & Gay Face Off in 2 Huge Class Actions

Jenna Greene | May 21, 2020

The cases are a big deal for Selendy & Gay, which has partnered with Boies Schiller Flexner spin-off Roche Cyrulnik Freedman to bring a dozen class actions seeking billions of dollars from the world's largest crypto-asset exchanges and major digital token issuers.

4 minute read

A Veteran Litigator Looks Forward and Back as COVID-19 Stands to Remake the Practice of Law

Eric Lewis | May 20, 2020

'Looking forward from this improbable ninth week of shutdown, I believe that litigation is about to enter another sea change,' writes Eric Lewis, a senior partner at litigation boutique Lewis Baach Kaufmann Middlemiss.

7 minute read

Should Other Firms Fear Latest Ruling in Jones Day Gender Bias Case?

Dan Packel | May 20, 2020

Now that a high-profile gender bias suit against the firm is partly advancing, the spotlight will turn to how the firm makes decisions about compensating and promoting junior attorneys.

4 minute read

Seventh Circuit Opens Door to Strip Clubs Receiving Federal Coronavirus Relief

C. Ryan Barber | May 20, 2020

The Seventh Circuit's order Wednesday marked the second time in days that a federal appeals panel had ruled against the U.S. Small Business Administration in disputes over whether adult clubs can seek COVID-19 loan relief.

5 minute read

Santander Agrees to $550M Settlement With 34 States Over Alleged Deceptive Auto Loan Practices

Robert Storace | May 20, 2020

Santander, the nation's largest subprime auto financing company, settled claims of loan improprieties with 34 states to the tune of $550 million.

3 minute read

Lenovo Slapped With Trade Secret Lawsuit Over Source Code Theft

Alaina Lancaster | May 20, 2020

"Not only did Lenovo do a wholesale cut-and-paste job with Khoros's public-facing code, it also reverse-engineered Khoros's Studio Tool and its proprietary back-office website architecture, APIs, and macros," according to the complaint filed Tuesday.

2 minute read

Georgia Appeals Court OK's Trial Judges' Order Nixing Nursing Home Arbitration Clause

Greg Land | May 20, 2020

The panel stopped short of ruling on the Cobb County judge's decision that the arbitration agreement was unconscionable.

7 minute read

'A Deep Sense of Duty and Conviction': Reed Smith Litigator Discusses National Guard Coronavirus Deployment

Samantha Stokes | May 20, 2020

Jesse Miller's unit was deployed in March and, for the past two months, the Big Law partner has been helping communities in California impacted by the coronavirus pandemic.

8 minute read