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In Major Loss for House, DC Circuit Throws Out Lawsuit for Don McGahn's Testimony

The 2-1 panel sided with the Justice Department's argument that the House cannot go to court to resolve "this kind of interbranch information dispute."
7 minute read

Quinn Emanuel Nabs IP Litigator With Pharmaceutical Practice

The litigation firm called Angus Chen a "virtuoso" in his field, having advised a host of pharmaceutical clients.
2 minute read

And the LOTW Runners Up...

Honorable mention goes to litigators from Hogan Lovells; Latham & Watkins; Gibson Dunn; Arnold & Porter; Sidley Austin; and Morrison & Foerster.
5 minute read
Q&A

Litigators of the Week: Kirkland Trio Send a $765M Message in Tech Theft Case

"We asked, what kind of a world would this be if a big company could sidestep responsibility by simply saying, 'That was them, not us.' This was a significant message to all other companies considering this type of excuse for bad conduct. "
12 minute read

As Coronavirus Continues to Spread Globally, More Big Law Firms Are Taking Precautions

The virus, officially known as COVID-19, has now spread to 47 countries and has infected at least 82,000 people.
7 minute read

Seyfarth Report Finds 2019 Another Record Year for ADA Title III Suits

Each year Seyfarth Shaw has collected the data, the number of Title III actions has risen nationally, jumping from 2,722 in 2013 to 11,053 in 2019.
3 minute read

How a Georgia U.S. Attorney Plans to Make a Federal Case Against Dogfighting

"Illegal dog fighting is a barbaric activity," U.S. Attorney Charles "Charlie" Peeler said. "Those who choose to violate the Animal Welfare Act face serious consequences, including federal prison time, where there is no parole."
3 minute read

No Harm, No Foul? Courts Face Controversy Over Uninjured Antitrust Class Members

Antitrust defendants have long argued that a class may not be certified if it includes members who have suffered no demonstrable injury. But is this argument gaining traction?
5 minute read

9th Circuit Rules Employers Can't Rely on Prior Pay to Justify Gender Disparities

"The express purpose of the [Equal Pay Act] was to eradicate the practice of paying women less simply because they are women," Judge Morgan Christen of the U.S. Court of Appeals for the Ninth Circuit wrote for the majority.
5 minute read
Commentary

Daily Dicta: The Brave New World of Litigation Reporting

ALM's game-changer Legal Radar makes me feel like a kid in a candy store--and slightly concerned about becoming obsolete.
6 minute read

Is California a Better Venue Than Illinois for BIPA Litigation?

Some privacy lawyers say Illinois Biometric Information Privacy Act cases are landing in the Northern District of California mainly out of contractual obligation, though others maintain that the venue has its perks.
6 minute read

Pillsbury, Womble Steer Hyundai's $5M Trademark Win

The Korean automaker had accused a Miami company of importing used, counterfeit or defective parts and palming them off as sourced through Hyundai's authorized chain of distribution.
2 minute read

International Summit Seeks to Help Litigators Avoid Getting Lost in Translation

In the run-up to next month's summit on cross-border litigation in the digital economy being hosted by Union Internationale des Avocats in San Francisco, The Recorder caught up with the organization's president, Munger, Tolles & Olson partner Jerry Roth.
9 minute read

King & Spalding Extends Lateral Hiring Tear With 2 More Mass Tort Partners From Orrick

The moves bring King & Spalding's lateral partner haul to at least a dozen so far in February in New York, Washington and Chicago.
3 minute read

Trump Campaign Sues New York Times for Defamation

Attorney Charles Harder, of the Los Angeles-based firm Harder LLP, filed the suit in New York County Supreme Court and asked for millions of dollars in damages.
3 minute read

Pharmaceutical Sector Hit Hardest by Securities Class Actions

"That suggests a real trend here. No longer can we say half of all settlements are less than $10 million, and that can be a concern to general counsel."
5 minute read

A Rare 'Damn' Reverberates Among SCOTUS Advocates

Shocking? Hardly. But still striking. The word "damn" has rarely been uttered in the modern history of the U.S. Supreme Court.
5 minute read
Commentary

Daily Dicta: Lawyer Acquitted of Murder Sues for Malicious Prosecution—But Must Judge Recuse?

'The fact that a relative works at a law firm representing a party is not enough. There would need to be some aggravating circumstance, and there is none here,' the Seventh Circuit panel held.
6 minute read

Avenatti's Lawyer Eyes Stormy Daniels' Credibility as Defense to Theft Charges

Prosecutors in the Southern District of New York last year charged Avenatti with wire fraud and aggravated identity theft for allegedly stealing nearly $300,000 from a book advance that was being paid to Daniels for her memoir.
4 minute read

Int'l Arbitration Trio Leave Kirkland for King & Spalding

Javier Rubinstein leads a team of Latin America experts and will add international arbitration expertise to King & Spalding's growing Chicago office.
3 minute read

Referee Finds Disbarment 'Too Extreme' for Donziger

Chevron has lambasted the referee's report, with its attorney at Gibson Dunn arguing the referee had "ignored" the findings of a federal judge.
5 minute read

'Ridiculous and Unhelpful': Legal Scholars React to Trump's SCOTUS Bashing

"The presidential tweet to recuse a Supreme Court justice for an opinion she wrote is absurd and demonstrates a disturbing lack of understanding of the role of the judiciary," one legal scholar said.
10 minute read

Rail Equipment Makers Settle 'No-Poach' Agreement Class Action for $49M

The class action stems from allegations that Knorr, Wabtec and a company that was later purchased by Wabtec entered into agreements where they would not poach each other's workers.
3 minute read

Opioid Maker Mallinckrodt Reaches $1.6B Global Settlement

Mallinckrodt's "settlement framework" resolves thousands of claims brought by cities and counties in the multidistrict litigation and has the support of 47 attorneys general from states and U.S. territories.
5 minute read
Commentary

Daily Dicta: Stealth Suit? Kobe Bryant's Widow Files Wrongful Death Action

What if a famous plaintiff wants to minimize attention to filing a lawsuit? For a lesson on how to deliver, you might look to Vanessa Bryant and her ace litigation team led by Munger, Tolles & Olson chair Brad Brian
6 minute read
News

A Small Victory for In-House Counsel in Google Antitrust Discovery

Google had sought to limit what discovery documents could be seen by outside experts in investigations brought by state attorneys general before the company reached an agreement last week on narrower limitations.
3 minute read

With $265M Dicamba Verdict, Monsanto Faces Another Herbicide Problem

A lead plaintiffs lawyer said the verdict could boost dozens of other lawsuits filed over Monsanto's dicamba herbicide, while Bayer insisted the case was an anomaly. Unlike cancer claims associated with Roundup, the cases allege dicamba herbicide sprayed by farmers drifted into neighboring fields, causing damages to their crops.
7 minute read

In Lone Dissent, Justice Thomas Thrashes 'Chevron' and His Own 'Brand X' Decision

Thomas regularly writes solo dissents, urging his colleagues to revisit, or even strike down, earlier rulings. But it's rare for any justice to cast doubt on a prior ruling the justice had earlier written.
6 minute read
News

Burnout on the Bench: Judges Struggle With Stress, Fatigue

Working long hours on emotionally draining cases is taking a toll on the judiciary's well-being.
6 minute read

Jury Finds Harvey Weinstein Guilty of 3rd-Degree Rape and Criminal Sexual Act

Six women testified against Weinstein at his trial, describing three decades of interactions with Weinstein. Annabella Sciorra, Miriam Haley and Jessica Mann all testified about incidents that led to his criminal charges, while the other three women were allowed to testify as "prior bad acts" witnesses.
5 minute read

Fish & Richardson's 40-Somethings Land $31M Patent Trial Verdict

Three partners under age 43 shared all of the speaking roles in a trial over tire pressure monitors that's been 20 years in the making.
5 minute read

Larry Wallace, Former Deputy Solicitor General Who Argued 157 SCOTUS Cases, Dies at 88

Harvard Law School professor Richard Lazarus called Larry Wallace's legendary footnote in a U.S. Supreme Court case "an act of extraordinary personal courage and professional integrity."
6 minute read

2nd Circuit Judge Removes Monet Reference in Opinion, Saying It Wasn't Art Criticism

Judge Barrington Parker Jr., who professed a great appreciation for the arts, clarified that Monet is an "absolutely great artist," and said it was best to delete the reference, which was incorrectly seen as a criticism of Monet.
2 minute read

Wells Fargo Agrees to Pay Feds $3B Penalty to Resolve Fake Bank Account Scandal

Bank CEO Charles Scharf: "The conduct ... and the past culture that gave rise to it are reprehensible and wholly inconsistent with the values on which Wells Fargo was built."
4 minute read

Johnson & Johnson Can't Dodge Price-Fixing Suit by Kroger, Walgreens

Antitrust claims are a product of federal statute and thus are extrinsic to, and not rights "under," a commercial agreement, the appeals court said.
4 minute read

Appeals Court Denies King & Spalding's Bid for Special Appearance in Halkbank Sanctions-Busting Case

The ruling marked the latest development in Halkbank's four-month standoff with the Manhattan U.S. Attorney's Office, which has charged the bank with six counts of fraud, money laundering and other sanctions-related offenses in the record-breaking scheme.
5 minute read

US Judge Refuses to Recuse in Upcoming Volkswagen 'Clean Diesel' Trial

U.S. District Judge Charles Breyer, on Friday, rejected plaintiffs' motion for disqualification from Monday's trial, calling their concerns of bias an "abrupt about-face" from their previous arguments.
4 minute read
Commentary

The Paul Weiss Protests: Student Activists Have a Bigger Choice to Make

'When I listen to the protesters who are now urging law students around the country to refuse to interview at Paul, Weiss unless it drops ExxonMobil as a client, I wonder if they understand the difference between a law firm and an NGO,' writes Richard Levick.
6 minute read

NY Prosecutor Says Harvey Weinstein Emailed 'Confession' About 1990s Rape Allegation

Even if an accuser had a personal relationship with Weinstein, the Manhattan assistant DA said, his sudden sexual aggression still amounted to sexual assault or rape.
5 minute read

In Trump Defamation Suit, Summer Zervos' Lawyer Subpoenaed Hope Hicks for Testimony

Hicks could become the first sitting White House official called to testify in a private civil suit against Trump if Zervos' lawsuit and subpoena are allowed to proceed.
4 minute read

Michael Avenatti Convicted of Fraud, Extortion Charges in Nike Shakedown

"This is what extortion looks like," assistant U.S. attorney Matthew Podolsky said during the government's closing arguments Tuesday.
4 minute read

And the LOTW Runners Up...

Honorable mention goes to litigators from Quinn Emanuel; Hogan Lovells; Latham & Watkins and Skadden.
2 minute read

Huawei Chief Legal Officer Facing New Legal Challenge

The U.S. government announced new criminal charges against Huawei days after the Chinese telecom giant's chief legal officer, Song Liuping, accused rival Verizon Communications Inc. of patent infringement.
3 minute read

Ending Uncertainty, Justice Dept. Won't Pursue Case Against Andrew McCabe

Newly released court transcripts, posted on Friday, further revealed a Washington judge's frustration with the pace of the McCabe investigation, the secrecy surrounding it and the apparent pressure Trump was putting on the Justice Department to bring charges.
6 minute read
Q&A

Litigators of the Week: With $26B Merger on the Line, This Trio Won Approval for T-Mobile/ Sprint in Unprecedented Challenge

'Our core argument was simple: the world with the merger is more competitive and consumer-friendly than the world without the merger.'
21 minute read

Ninth Circuit Hints It's Ready to Trash Qualcomm Antitrust Ruling

Over an hourlong hearing, three judges hammered the Federal Trade Commission over its antitrust theory while suggesting Qualcomm shouldn't be penalized for succeeding.
5 minute read

Lisa Blatt's Advice to Female Advocates: 'Call Me a Lady Lawyer'

"Women don't look or talk like Perry Mason, and you don't want us to," the Williams & Connolly partner and longtime U.S. Supreme Court advocate wrote in a personal, widely shared essay.
5 minute read

Ahead of Stone Sentencing, Chief DC Judge Defends Amy Berman Jackson

President Donald Trump has personally targeted U.S. District Judge Amy Berman Jackson, who is presiding over Roger Stone's case, ahead of Stone's sentencing next week.
2 minute read

Federal Circuit Dismisses Patent Lawsuit Against Google Over Lack of Jurisdiction

In a reversal from a prior decision against Google earlier this year, the U.S. Court of Appeals ruled that while a shelf or server rack could be considered a place of business, it's not enough to determine venue without the presence of an employee.
4 minute read

Shocking Reinhardt Sexual Harassment Allegations Prompt Talk of Next Steps on Judicial Misconduct

Former law clerk Olivia Warren's testimony about alleged sexual harassment from the late Judge Stephen Reinhardt is helping to spur members of Congress to act further on judicial misconduct.
8 minute read

Amazon Wins Preliminary Order Blocking $10B Cloud Contract Awarded to Microsoft

A U.S. Court of Federal Claims judge on Thursday issued a sealed preliminary injunction, an early win for Amazon and its lawyers at Morrison & Foerster and Gibson, Dunn & Crutcher.
4 minute read
Commentary

Daily Dicta: When Your Client Jumps Bail and Escapes to Lebanon in a Box—and You're Stuck Defending a Securities Suit (Paul Weiss Edition)

Plaintiffs lawyers from Robbins Geller Rudman & Dowd are leveraging their newfound advantage after Ghosn in December escaped from Japan, where he faces criminal charges of financial misconduct.
5 minute read
Commentary

'Once I Get Going…' Is Not Good Enough

"Hand movements, even those initial tiny impulses, occur on important words. Emphatic gestures lead to emphatic speech. That is why listeners often respond with, 'I hear what you're saying,'" writes courtroom communications expert Brian K. Johnson.
7 minute read

Could Federal Preemption Blow Up a $289M Roundup Verdict on Appeal?

California's First District Court of Appeal ordered additional briefing on Monsanto's defense of federal preemption—an issue that could have wide ramifications for all Roundup lawsuits. California Attorney General Xavier Becerra filed an amicus brief supporting plaintiffs' claims against federal preemption.
6 minute read

DOJ's Roger Stone Debacle Puts New Spotlight on Judge Amy Berman Jackson

Former federal judges said Jackson would be within her rights to question DOJ about how to weigh its conflicting sentencing recommendations for the Trump ally.
7 minute read

Theranos Judge Nixes Claims Related to Doctors and Non-Paying Patients, but Lets Most Criminal Charges Proceed

The federal judge overseeing the criminal case against Theranos founder Elizabeth Holmes and the former president of the blood-testing company largely denied their motions to dismiss but found that the government couldn't show that they intended to deprive doctors or insured patients of money since they weren't directly paying for tests.
4 minute read

Gibson Dunn Partner, Brooklyn Federal Prosecutor Tapped by Trump to Join US District Courts in NY

Jennifer Rearden, of Gibson Dunn's litigation & crisis management practice group, is set to be named to the U.S. District Court for the Southern District of New York; and Brooklyn federal prosecutor Saritha Komatireddy, a clerk to Brett Kavanaugh, is set to be named to the U.S. District Court for the Eastern District of New York.
3 minute read

'Amazingly Courageous': What Lawyers Are Saying About the Stone Prosecutors Who Quit

On Wednesday, President Donald Trump congratulated U.S. Attorney General William Barr for "taking charge" of the Roger Stone investigation. Former DOJ lawyers lambasted the department's move to retract the original sentencing memo, and they praised the four prosecutors who took a stand.
8 minute read
Commentary

Daily Dicta: Accused of 'Betrayal' and 'Taint,' Will Covington Hit Back at Ineffective Assistance of Counsel Claim by Ex-Client Flynn?

Claiming that you lied about lying isn't the most compelling defense. But retired Lt. Gen. Michael Flynn pins the blame on his ex-lawyers at Covington & Burling.
8 minute read

Former FBI Director Louis Freeh Rejected as Expert Witness for VW Plaintiffs

A federal judge excluded Louis Freeh's expert opinion that the government's criminal case, which involved VW paying a $2.8 billion fine in 2017, settled too cheaply. The ruling mooted VW's motion to disqualify Freeh based on his earlier pitch to work for VW in the wake of its diesel emissions scandal.
3 minute read

After Main Justice Overrode Their Call for Tougher Sentence, Every Roger Stone Prosecutor Quit the Case

The prosecutors' withdrawals from Stone's case are an apparent rebuke of the DOJ's retraction of the initial sentencing memorandum.
11 minute read
News

Google Heads to EU Court in $2.6 Billion Antitrust Fight

Over the next three days, lawyers for the company will argue against the European Commission's decision to fine the company for abusing its dominant position in the search engine sector.
3 minute read

Boies Schiller and Kaplan Lawyers Chart Different Courses as US Judge Allows Discovery in Cases Against Epstein Estate

The status of the victim compensation program came into question, after U.S. Virgin Islands Attorney General Denise George last month hit the estate with liens for alleged criminal activity.
4 minute read

Wawa Faces Credit Card Class Actions Over Data Breach

The new group of lawsuits filed by financial entities add to the growing consumer-focused litigation that is also pending in the Eastern District of Pennsylvania federal court.
4 minute read
News

NRA Lawyers Target Ex-PR Firm's Clients in 'Blitzkrieg-Scale' Subpoena Feud

Lawyers for Ackerman McQueen have gone to three federal courts to challenge what they describe as "harassing" subpoenas issued by the NRA.
8 minute read

Wilmer Battling $13M Lawsuit Over Contract That Led to 'Litigation Bonanza'

The law firm prepared a stock purchasing agreement between two former business partners, who now disagree over the financial terms, prompting a legal battle one federal judge described as akin to "The War of the Roses."
3 minute read
Q&A

Litigation Leaders: Ropes & Gray's Gregg Weiner on Book Smarts, Street Smarts and Spotting Talent

'Adversaries know they won't outthink or outmaneuver us. Clients know we have the judgment, expertise, and experience to successfully resolve their major litigation and enforcement challenges. They also know that we don't follow a rote playbook.'
13 minute read

Elizabeth Holmes' Lawyer Blasts Theranos Prosecution as 'Massive Case With Undefined Contours'

Williams & Connolly's Amy Saharia said prosecutors had used "fudging language" in the indictment of the former Theranos chief to keep the charges as "broad as they can possibly be so they can shift their theory as they go along."
4 minute read

'Somebody Tried to Kill Him': 2 Miami Attorneys, a Hit Man, the FBI and a $17M Verdict

What happens when you cross two South Florida commercial litigators with a personal injury case involving a failed murder-for-hire? In this instance, a $17 million jury verdict.
8 minute read

Avenatti Will Not Testify in Extortion Trial as Closing Arguments Loom

U.S. District Judge Paul G. Gardephe of the Southern District of New York had ruled earlier in the day that if Avenatti were to testify, he could be cross-examined about "highly relevant" allegations that he had stolen from former clients.
3 minute read

New Boies Schiller Leaders Grapple With Departures, Compensation Questions

Amid a string of 2020 departures, the firm is evaluating partner pay, including whether to stick with a formula compensation system or adopt something new.
13 minute read

Bayer in Appeal Says Attorney Misconduct Led to $2B Roundup Verdict

In a brief before California's First District Court of Appeal on Friday, Bayer insisted that "egregious and pervasive misconduct" by plaintiffs counsel infected the trial.
5 minute read

Amazon Lawyers in Suit Over $10B Pentagon Contract Want to Depose Trump

Any deposition of Trump at the Washington offices of Gibson, Dunn & Crutcher would examine, among other things, his statements about Amazon, its CEO Jeff Bezos and The Washington Post.
5 minute read
Profile

Daily Dicta: Latham's Billion Dollar Litigator

For many lawyers, litigating a billion-dollar case is in a once-in-a-career opportunity. Latham & Watkins partner Andrew Clubok has won three in the last year alone.
8 minute read

Cuomo, AG James Say They Plan to Sue Trump Administration Over New Yorkers' Global Entry Ban

Ken Cuccinelli, the acting deputy secretary of DHS, said the new federal policy was in response to New York's "Green Light" law, which took effect in December and allows undocumented immigrants to apply for driver's licenses.
5 minute read

Wiley Hits Back at Client That Claimed It Got Used as a 'Milk Cow for Legal Fees'

The firm's former software client racked up nearly $1 million in fees pursuing a failed lawsuit. Wiley says it's still owed $220K.
3 minute read

Trump Appointee Causes Stir on Twitter: 'Did Judge Ho Just Do Something Good?'

The judge's stance against what appeared to be a homophobic legal argument blew up on Twitter Friday.
3 minute read

Litigation Funder Agrees to Arbitrate Claims Against Tom Girardi

Arizona lender Stillwell Madison, represented by counsel at DLA Piper, has agreed to stay its fraud claims against Girardi, his law firm and his wife while it arbitrates contract claims related to a $3,454,804 loan forbearance agreement.
3 minute read

How Litigators Can Thwart Forum Shopping With a 'Snap'

Forum defendants may want to consider using snap removal as a litigation tactic, to prevent, among other consideration, litigation tourism.
8 minute read

And the LOTW Runners Up...

Honorable mention goes to Latham & Watkins; Proskauer; Mayer Brown; Labaton Sucharow; Edelson PC; Robbins Geller Rudman & Dowd; Paul Hastings and Arnold & Porter.
3 minute read

DC Circuit Nixes Democrats' Emoluments Claims Against Trump and His Hotel

The judges found the lawmakers do not have standing to sue Trump. "We will not—indeed we cannot—participate in this debate," they said.
4 minute read

Trump Watch: The News You Missed While DC Was Impeaching

The legal news certainly wasn't going to go on hiatus just because the Senate was holding an impeachment trial.
11 minute read
Q&A

Litigators of the Week: How Quinn Emanuel Team Kept It Simple—And Won $1.1B Verdict for Caltech

"We asked the jury to make it a simple question of 'Who do you trust?' We asked the jury to use their common sense to decide the simple question of which side was trying to confuse and mislead them," said Quinn Emanuel partners Jim Asperger, Kevin Johnson and Bill Price.
8 minute read

NY Appeals Court Vacates $50K Arbitration Award Against Ex-Trump Campaign Staffer for Alleged NDA Violation

The appeals court specifically took issue with the fact that many of the statements underlying the campaign's claim that Denson violated her NDA were made as part of her lawsuit raising the harassment issues.
5 minute read

In Wake of Federal Judge's Repeated Harassment, House Questions Effectiveness of Sexual Misconduct Reforms

The lawmakers focused on sexual harassment by U.S. District Judge Carlos Murguia, who admitted to repeatedly sexually harassing female judiciary employees.
4 minute read

New Jersey Jury Hits J&J With $750M Talc Verdict

The judge in the case is likely to slash the punitive damages award to $185 million.
4 minute read

Trump's DOJ to Get Argument Time Defending Controversial Ohio Abortion Law Before the Sixth Circuit

"The United States has an interest in the scope of the Supreme Court's undue-burden standard applied in the context of abortion regulations," DOJ's Eric Dreiband, head of the civil rights division, told the Sixth Circuit.
6 minute read

SF Judge Overseeing $550M Facebook 'Tag Suggestions' Settlement Wants Details on Individual Payouts

Judge James Donato said at a hearing Thursday that he wants a clear explanation of why the proposed deal would pay less than the $1,000 statutory damages for negligent violations set by the Illinois Legislature in the Biometric Information Privacy Act. "The phrase litigation risk is not sufficient," he said. "Every case has litigation risk."
4 minute read

MDL Panel Sends Zantac Lawsuits to Southern District of Florida

On Thursday, the U.S. Judicial Panel on Multidistrict Litigation chose the Southern District of Florida for "what could be a large litigation" over the heartburn medication. The panel selected U.S. District Judge Robin Rosenberg, who has not handled an MDL before.
3 minute read
Commentary

Daily Dicta: Shanmugam Marks One Year at Paul Weiss with Back-to-Back Blockbuster Arguments—3,000 Miles Apart

"It sounds completely clichéd, but it's all about preparation," Shanmugam said.
6 minute read

NY Judge Tosses Bribery Charges Against Engineer After 'Staggering' Series of Late Disclosures by Manhattan DA's Office

Justice Michael Obus detailed a "staggering" series of late disclosures in the corruption case, despite clear instructions from the court and repeated requests from defense lawyers,
3 minute read

Senate Republicans Acquitted Trump in the Impeachment Trial. Here's How We Got Here.

From the House's initial steps toward impeachment to the Senate trial, this is how President Trump's impeachment started and ended.
11 minute read

Report: Texas Appellate Courts in 2019 Saw Record Number of Cases

Texas' 14 intermediate appellate courts saw more appeals than ever in 2019, while the Texas Supreme Court saw more petitions for review than it has seen since 2002, according to a new report on the Texas judiciary.
4 minute read

U.S. Judge in Boston Hands Novo Nordisk Loss in Noncompete Feud With Rival

Novo Nordisk, represented by lawyers from Morgan, Lewis & Bockius, is locked in a dispute with BioMarin Pharmaceutical, represented by Jones Day, in courts in Massachusetts, Texas, New York and California. A Boston judge on Wednesday declined to issue a temporary restraining order.
5 minute read

11th Circuit Judge Elizabeth Branch, in a Dissent, Says Citizens Can't Sue States to Enforce Voting Rights Act

The 11th Circuit majority said Branch, a Trump appointee, would undermine 50 years of civil rights litigation.
4 minute read

Have Attorneys Ruined Arbitration?

Some lawyers are advising clients against arbitration, which they say is no longer the cheap and speedy option it used to be. Are they right?
8 minute read
Commentary

Daily Dicta: O'Melveny Associate Gets Convictions Against Border Activists for Leaving Water in the Desert Reversed

Of all the ugly, mean-spirited cases to bring, it's hard to top prosecuting people for leaving caches of water and food in the desert wilderness…
7 minute read

Lawyers for Ex-Hedge Fund Execs Push Second Circuit for New Look at Decision That 'Upended' Insider-Trading Law

In a filing with the U.S. Court of Appeals for the Second Circuit, attorneys from Munger, Tolles & Olson; Allen & Overy; Shapiro Arato Bach; and Kramer Levin Naftalis & Frankel argued that the panel decision defied U.S. Supreme Court precedent and raised issues of "exceptional importance" that warranted review by the full bench of the appellate court.
5 minute read

NY Judge Sanctions Simmons Hanly for 'Frivolous' Disclosure of J&J CEO's Deposition

A judge in a New York talc case found that Simmons Hanly Conroy's disclosure of Johnson & Johnson CEO Alex Gorsky's deposition to Reuters "was frivolous and done to harass the defendants," and ordered a Feb. 24 hearing before a special master to determine monetary sanctions.
5 minute read

Children's Clothing Retailer Hanna Andersson Customers Sue Salesforce for Data Breach

Customers whose information was sold on the dark web after malware infected retailer Hanna Andersson's Salesforce e-commerce platform will face "a lifetime risk of identity theft," according to a complaint filed Monday in the U.S. District Court for the Northern District of California.
3 minute read
News

How 5 Mega Firms Helped Airbus Land Its Massive Settlement

The $4 billion settlement closed a long-running, multijurisdiction investigation into alleged corruption and bribery by the aircraft maker.
4 minute read
News

Litigation Boutique Reichman Jorgensen Snags Founder of Allen & Overy's US Litigation Group

White-collar litigator Michael Feldberg, who launched the Magic Circle firm's U.S. litigation department nearly two decades ago, has joined McKool Smith spinoff Reichman Jorgensen.
4 minute read

Kasowitz Duo, Including Ex-Trump Lawyer Bowe, Jump to Brown Rudnick

After a combined three decades at Kasowitz, Michael Bowe and Lauren Tabaksblat are taking their busy litigation practices to a Boston-based rival.
3 minute read
Commentary

Daily Dicta: Why the Feds Deserved to Fail in Fitbit Trade Secrets Case

'We have always believed that our client was innocent and that this case never should have been brought,' said Walter Brown Jr., who heads Orrick's white collar practice
7 minute read

Defense Counsel on Cross Attempts to Show Accuser 'Manipulated' Harvey Weinstein

The defense lawyer repeatedly returned to the idea that Jessica Mann, former actress, had manipulated Weinstein for career opportunities.
4 minute read

Challenges to Mandatory Bar Dues Pile Up at Supreme Court

"A bar association is not the exclusive representative of its membership in any context. A lawyer is always free to publicly take a position contrary to that of the state bar of which the lawyer is a member," Goldstein & Russell partner Sarah Harrington tells the justices.
5 minute read

Plaintiffs Firms Becoming Breeding Grounds for Legal Tech Ventures

"We haven't gone through that same revolution in law," the Northwestern University law professor said, comparing the legal profession to the medical field.
9 minute read

Will 'Forever Chemicals' Be the Next Big Toxic Tort?

Plaintiffs lawyer Scott Summy, of Baron & Budd, said "forever chemicals," discovered in the drinking water of several communities, "are probably the largest environmental hazard in the country right now."
10 minute read

Suit by Wachtell Against Carl Icahn's CVR Energy Dismissed

Wachtell Lipton and CVR have now litigated themselves to a draw, with the suit each filed against the other having been dismissed.
3 minute read

Federal Circuit Questions Proper Use of PACER Fees

The judges offered up hypotheticals about when PACER fees could be used by the federal judiciary, like the redecoration of judges' chambers.
4 minute read
Commentary

Daily Dicta: 'Varsity Blues' Parent Accuses Feds of Withholding Exculpatory Evidence in College Admissions Scandal

Lawyers from Hueston Hennigan and Sidley Austin representing private equity investor William McGlashan Jr. offer a far more nuanced narrative than federal prosecutors originally presented, laying the grounds for an entrapment defense and possible acquittal.
8 minute read

Two New York Boies Schiller Partners Leave for Jenner & Block

Lee Wolosky and Dawn Smalls, who are monitors to Deutsche Bank's compliance with a major regulatory settlement, are moving to Jenner & Block. They are the latest partner exits from Boies Schiller.
6 minute read

Sirius XM Settles Telephone Consumer Protection Act Class Action for $32.4M

Under the terms of the settlement approved by a federal judge in Texas, claimants are entitled to a share of a $25 million settlement fund or three months of premium Sirius XM programming.
3 minute read

Senate Nixes Witnesses for Trump's Impeachment Trial--But That Doesn't Mean the House Will Stop Trying

Lead House manager Adam Schiff indicated to the Senate Friday that the House won't give up on hearing more testimony: "Witnesses will tell their stories in future congressional hearings, in books and in the media."
7 minute read
Commentary

When Rogue and Stealth Jurors Undermine the Justice System

Juror misconduct can cause the innocent to be convicted, the guilty to go free, and taxpayers to pay for easily preventable retrials.
4 minute read

And the LOTW Runners Up...

Honorable mention goes to lawyers from McKool Smith; Dechert; Foley Hoag; Sullivan & Cromwell; Akin Gump; and Winston & Strawn.
4 minute read
News

Former General Counsel of W.R. Berkley Subsidiary Sues Over Alleged Age Discrimination

William Schrimpf alleges that he witnessed his boss complaining during open meetings "about the financial drag that older executives" put on the company before adding that "they needed to get the head count down."
3 minute read
News

Carter Page Suit Puts Renewed Spotlight on Perkins Coie, Marc Elias Over Trump 'Dossier'

A Chicago lawsuit marks the second time Page has tried to sue the DNC, Perkins Coie and two of the firm's partners, Marc Elias and Michael Sussmann.
5 minute read
Q&A

Litigator of the Week: The First Time's a ($236M) Charm for New Boutique Reichman Jorgensen

'Small, elite teams are our model, and history has proven that some of the best trial results are achieved with teams of this size,' said Reichman Jorgensen founder Courtland Reichman.
8 minute read

Johnson & Johnson Slammed With $344M Verdict in CA Pelvic Mesh Case

The statement of decision, issued on Thursday, is the first in which a state has obtained a judgment against pelvic mesh manufacturer Johnson & Johnson.
4 minute read
News

Miami Beach Sued for $70M Over Unfinished Convention Center

The city has issued a notice of default to Clark Construction Group and claims the city is entitled to damages.
4 minute read

'Is That Really What the Framers Had in Mind?' DOJ Faces Skeptical Judge in House Subpoena Fight

"If you think impeachment is the answer here, that really is not a good state of affairs for our country," U.S. District Judge Randolph Moss in Washington said at a hearing Thursday in a dispute over access to census documents.
6 minute read
News

Boies Schiller Partner Testifies Firm Helped Hire Ex-Spies to Aid Harvey Weinstein

A partner at Boies Schiller Flexner testified Thursday that the firm signed a contract with Black Cube, a private investigations firm with links to Israeli intelligence, on behalf of former Hollywood producer and former Boies Schiller client Harvey Weinstein.
3 minute read

Tensions Rise Over Timing of Jeffrey Epstein Guards' Criminal Case as Trial Moved to June

The routine hearing suddenly turn contentious when defense attorney Jason Foy began to spar with U.S. District Judge Analisa Torres over scheduling.
5 minute read

'Complete Nonsense': Scholars Denounce Dershowitz's Trump Trial Arguments

Responding to the criticism, Dershowitz asserted Thursday: "They characterized my argument as if I had said that if a president believes that his re-election was in the national interest, he can do anything. I said nothing like that."
6 minute read
Commentary

Daily Dicta: Winston Wins Against Junk 'Expert' Testimony in Illinois Murder Case

The problem wasn't just that ex-FBI profiler Mark Safarik testified about crime scene analysis in the murder of Kathleen King. It's that he also weighed in on issues outside his supposed expertise. as well as those where no experts were needed.
8 minute read

Caltech and Quinn Emanuel Win $1.1B Verdict Against Apple, Broadcom

Quinn Emanuel lawyers told jurors that Apple had directed Broadcom to incorporate an error correction technology that infringed three Caltech patents.
3 minute read
News

Cornell Sued Over Fraternity Hazing Death

The parents of a Cornell University freshman whose dead body was found at the bottom of a gorge after he allegedly was hazed by Phi Kappa Psi fraternity members have launched a 41-page negligence lawsuit against the university, the national fraternity and members of its Cornell chapter.
5 minute read

Facebook Agrees to Pay $550M to Settle Biometric Suit Over 'Tag Suggestions'

Facebook's chief financial officer Dave Wehner announced the proposed deal in an earnings call with financial analysts. Plaintiffs lawyer Jay Edelson, who was helping lead the lawsuits brought under the Illinois Biometric Information Privacy Act, confirmed the amount and said lawyers hope to present the settlement to the court "in the coming weeks."
2 minute read

Latham Scores $1B Ruling for UBS in Case Over Failed Deal With Hedge Fund Manager

In her ruling, Friedman said the terms of the agreements "unambiguously" entitled UBS to recover losses on its retained assets. She also rejected Highland's counterclaims and attempts to offset the damages.
4 minute read

What Might a Legal Fight Over John Bolton's New Book Look Like?

The White House's National Security Council flagged Bolton's manuscript for containing classified information, which he cannot release under agreements he signed as national security adviser.
5 minute read

Victims of NXIVM Sex Slave Cult File Class Action Suit

The long list of claims raised in the complaint include fraud, identity theft, racketeering, forced labor and sex trafficking, and negligence for engaging in unauthorized practice of psychoanalysis, and mental health counselling.
5 minute read
Commentary

Daily Dicta: One More Reason It's Great to Be Litigator of the Week

A judge in New York state court cited the LOTW win by Quinn Emanuel Urquhart & Sullivan partners Maaren Shah and Luke Nikas as grounds to grant the firm's entire legal fee request.
7 minute read
News

Litigation Funder Legalist Backs Atari's Copyright Campaign

Atari has sued a string of companies with copyright claims including online retailer Redbubble, retailer Target and chocolate maker Nestlé.
2 minute read

Wells Fargo Claims 11th Circuit Is Defying US Supreme Court

Miami sued Wells Fargo in 2013 under the Fair Housing Act, alleging the bank offered discriminatory mortgage terms that increased the likelihood of African American and Latino borrowers defaulting on their loans.
6 minute read

Would Chief Justice Roberts Need to Recuse in Any Trump Suit Challenging Bolton?

Several legal scholars said they doubted federal courts would spend much time with an assertion of executive privilege from President Donald Trump arising in the context of impeachment. But any case that reaches the court could compel the chief justice to consider recusing.
6 minute read

Former Staffer Claims K&L Gates Refused Accommodations for ADHD, Anxiety

Frank Krastman is suing the Pittsburgh-based firm for discrimination, alleging his manager refused to make disability accommodations and then fired him over his requests.
3 minute read
Commentary

Daily Dicta: White Collar Dream Team Suggests Fix for Insider Trading Laws

The 31-page report by the Bharara Task Force on Insider Trading offers a clear overview of why insider trading enforcement 'has suffered—and continues to suffer—from uncertainty and ambiguity to a degree not seen in other areas of law.'
6 minute read

Litigation Boutique's First Trial Yields $236M Verdict

Reichman Jorgensen partner Courtland Reichman said the patent infringement verdict against virtualization giant VMWare and Morrison & Foerster proves the firm can go toe-to-toe with elite competitors.
4 minute read
News

Ex-Kirkland, Wilkinson Walsh Litigator Calls It Quits to Escape Stress and Just 'Go Home'

Brant Bishop, 50, stepped back from his high-stakes litigation career this month to embrace more time with his family. "For now the plan is to not really have much of a plan," he said.
5 minute read

2 Pierce Bainbridge Partners Exit for Armstrong Teasdale

Pierce Bainbridge will likely keep its representation of Rudy Giuliani, despite partner exits of Eric Creizman and Melissa Madrigal.
4 minute read

Plaintiffs Firms Warm Up to Data Analytics--Slowly

The plaintiffs bar has started getting into the Big Data game as well, although so far, the emphasis has been on case management.
8 minute read

Ken Starr Urges Quick Acquittal of Trump, Warning Against Impeachment as Political Weapon

"Will law professors agree with this? No. But with all due respect to the academy, this is not an academic gathering," Ken Starr said in his return to the impeachment stage.
4 minute read

As Judges Check Trump, Gorsuch and Thomas Decry 'Chaos' of National Injunctions

"What in this gamesmanship and chaos can we be proud of?" Justice Neil Gorsuch, joined by Justice Clarence Thomas, asked. Last year in an unrelated case, a Washington federal trial judge said the Trump DOJ's crusade against national injunctions "reeks of bad faith" and "demonstrates contempt for the authority that the Constitution's Framers have vested in the judicial branch."
5 minute read

In $200M Gender Bias Suit, Jones Day Says Black Box Pay Model Keeps 'Anger,' 'Ego' at Bay

As it presses for sanctions in a $200 million gender bias case, the firm said it's been keeping compensation confidential since before it hired its first female lawyer in the early 1960s.
4 minute read
Commentary

Daily Dicta: With a Growing Team of Big Law Alums, Everytown Law Takes Aim at the Firearms Industry

Over the past three years, the gun safety advocacy group Everytown Law has been building a formidable in-house team, growing from one lawyer to 15 full-time litigators.
4 minute read
Commentary

Daily Dicta: Satan's Favorite Lawyer

'Is there anyone you wouldn't represent?' Kate McKinnon as the devil asked Jon Lovitz playing Alan Dershowitz in the SNL cold open. His answer: 'Well, as long as the client is famous enough to get me on TV, it's all good.'
3 minute read

In Retrial With Apple, WiLAN Scores $85M Patent Verdict

Represented by McKool Smith, the Canadian IP monetization company had won $145 million the first time around in a fight over voice-over-LTE technology. But it decided to try again after Apple offered only $10 million to end the case.
2 minute read

Missouri Disputes Littler's Claim for Financial Incentives for Opening Kansas City Back Office

The Am Law 100 law firm and the state are in court over how many jobs Littler was obligated to create in Kansas City. At stake is $14 million in economic incentives for Littler.
4 minute read
News

Attorney Sues Baker Botts and SF Partner For $35M, Claiming Extortion On Behalf of Ex-Client

Harvey Kesner alleges that Baker Botts and San Francisco partner Jonathan Shapiro threatened to alert federal authorities and sue him on behalf of his former client, MabVax, if he did not pay $9.6 million. Mabvax is currently suing Kesner with other representation.
4 minute read
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Who Got The Work

J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.

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Who Got The Work

Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.

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Who Got The Work

Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.

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Who Got The Work

Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.

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Who Got The Work

Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.

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