Litigation Daily | Expert Perspectives On The Biggest Cases

Former Judge Michael Luttig Talks First Amendment, Impeachment and Coca-Cola

Tony Mauro | April 19, 2021

Michael Luttig chats with the National Law Journal about redesigning a first amendment icon. He and his wife, Elizabeth, are underwriting the redesign and installation of the First Amendment tablet that previously adorned the Newseum in Washington, D.C.

5 minute read

Litigation Leaders: Simpson Thacher's Jonathan Youngwood on Building a High Talent, Low Ego Litigation Culture

Ross Todd | April 19, 2021

Youngwood, the global co-chair of the firm's litigation department, says that the firm culture "not only makes Simpson Thacher a great place to practice law, but also provides our clients a team with a distinct advantage–collaborating on solutions and sharing information and resources is natural for us."

9 minute read

Judiciary Panel Offers Early Support to Tougher Amicus Disclosure Rules

Mike Scarcella | April 16, 2021

A subcommittee formed by the federal Advisory Committee on Appellate Rules said a push to provide greater transparency about amicus briefs raises "important and complex issues that deserve further investigation and consideration."

5 minute read

New York Chief Judge Didn't Disclose Greenberg Traurig Connection During Arguments, Raising Questions

Ryan Tarinelli | April 16, 2021

At the time of the arguments in early January, Chief Judge Janet DiFiore was being represented by a separate attorney from Greenberg Traurig in two lawsuits over the court system's decision to force out dozens of older judges.

6 minute read

Litigators of the Week: This Kirkland/Harvard Law Team Vindicated a Fired Cop Who Intervened When a Colleague Used Excessive Force

Ross Todd | April 16, 2021

Neil Eggleston and Sarahi Constantine Padilla of Kirkland & Ellis and Ronald Sullivan Jr. and Intisar Rabb, both professors at Harvard Law School, took on the case of former Buffalo police officer Cariol Horne, who was fired less than one year shy of receiving her 20-year pension.

14 minute read

A Two-Week Mega-Dose of Litigator of the Week Runners-Up and Shout Outs

Ross Todd | April 16, 2021

Our runners-up this week are highlighted by a Latham team who landed a $1.8 billion settlement for electric vehicle battery maker LG Energy Solution in its trade secret showdown with SK Innovation, a settlement that was praised by the White House.

10 minute read

Fox Rothschild Partner Pushes Back Against Florida Court's Mask Mandate

Michael A. Mora | April 15, 2021

It will be up Florida's Third District Court of Appeal to decide whether to hear a petition raising due process concerns about requiring witnesses to wear masks on the stand during in-person proceedings in Miami-Dade Circuit Court.

4 minute read

In-House Litigation Leaders: Dominion Energy GC Carlos Brown Wants Litigators Thinking About Him More Than He Thinks About Them

Ross Todd | April 15, 2021

"If the only time I know you're thinking about my case is when I'm calling you, then you're probably not the kind of lawyer I want and you're probably not the kind of lawyer I'm going to use again."

7 minute read

How Quinn Emanuel Persuaded an E.D. Texas Jury to Award Nothing in a Patent Case

Scott Graham | April 14, 2021

Partner Sean Pak says his team trusted jurors to understand complex AI technology and took care to fully integrate local counsel into the trial over digitized key duplication.

4 minute read

DOJ Disclosure Shows Elizabeth Prelogar's $2M Cooley Compensation

Mike Scarcella | April 14, 2021

In addition to showing $2.03 million in partnership share, the financial disclosure from Elizabeth Prelogar, now the acting U.S. solicitor general, revealed a $100,000 payment from Cooley that was described as a "transition" compensation on entering the firm partnership, as well as advisory work for major technology and social media clients, including Twitter, Uber and Facebook.

4 minute read

New York Court System Changes Course on Ousted Older Judges

Ryan Tarinelli | April 14, 2021

Chief Judge Janet DiFiore, in a video statement, encouraged the older judges who were not certificated to renew their applications.

2 minute read

The Quandary for Judges Who Want To Get Better at Their Jobs: 'We Don't Get Feedback Naturally. It Just Doesn't Happen.'

Ross Todd | April 14, 2021

How do you get honest feedback when everybody around you is trying to curry favor with you or works for you?

5 minute read

Best Practices

The Outsized Importance of Those First Few Seconds Before a Jury

Ross Todd | April 13, 2021

David Mann, a speaker, trainer, and professional actor/director who works with lawyers on trial communication strategies, says that you get only about 30 seconds of a jurors' attention for free. After that you have to earn it.

4 minute read

Morgan Lewis Partner Kenneth Polite Tapped to Lead DOJ Criminal Division

Dan Packel | April 12, 2021

Polite, who was appointed by President Obama as U.S. attorney for the Eastern District of Louisiana, joined Morgan Lewis in 2018 in Philadelphia.

2 minute read

Amateurism Is Not a Horizontal Price Fix: Reflections on the Recent SCOTUS NCAA Argument

Gregory L. Curtner | April 12, 2021

Gregory L. Curtner, an antitrust litigator at Riley Safer Holmes & Cancila who has represented the National Collegiate Athletic Association in many matters, makes the case that courts are not designed to micromanage joint ventures like the NCAA under the guise of the antitrust laws.

8 minute read

Kathaleen McCormick Tapped to Be Next Chancellor and First Woman to Lead Court of Chancery

Ellen Bardash | April 12, 2021

Lori W. Will, currently a partner in Wilson Sonsini Goodrich & Rosati's Wilmington office focusing on corporate, commercial and federal securities litigation, was picked to replace McCormick as vice chancellor.

1 minute read

Dominion Energy GC: 'Lawyers Sometimes Have the Myopic View That the Company Cares About Litigation and That's Not True.'

Ross Todd | April 12, 2021

"Winning the fine point of the law frequently is immaterial to the client," says Carlos Brown, the general counsel of Dominion Energy, in our latest installment of In-House Litigation Leaders.

12 minute read

Litigator of the Week: The Gibson Dunn Lawyer in D.C. Who Argued to Close a Loophole in California Lemon Law During the Capitol Riots

Ross Todd | April 02, 2021

Tom Dupree of Gibson, Dunn & Crutcher went to his office in downtown Washington, D.C., on January 6 to handle a remote argument before the California Court of Appeal.

8 minute read

Another Loaded List of Litigator of the Week Runners-Up and Shout Outs

Ross Todd | April 02, 2021

This week's group is led by a joint team from Wilmer Cutler Pickering Hale and Dorr, the Civil Rights Corps and the San Francisco Public Defender's Office that won a ruling from the California Supreme Court barring courts from detaining arrestees solely based on the fact that they don't have the money to pay for cash bail.

7 minute read

SDNY Chief Judge Tells White House She's Stepping Down, Taking Senior Status April 10

Tom McParland | April 01, 2021

U.S. District Judge Colleen McMahon said she plans to continue actively managing her cases. Her move creates a new vacancy on the court and sets up U.S. District Judge Laura Taylor Swain to succeed her as chief judge.

3 minute read

Big Law, Civil Rights and Law Professors: Meet Merrick Garland's DOJ

Nate Robson | April 01, 2021

White-collar lawyers expect an increased focus on prosecuting fraud, bribery and other corporate misconduct, and the Garland DOJ is also expected to put a strong focus on the broad protection of civil rights.

2 minute read

Litigation-Heavy Firms Faced Financial Headwinds in 2020. Can They Expect a Better 2021?

Ross Todd | April 01, 2021

The economic slowdown that we saw in the first half of 2020 might not have quite the litigation repercussions of prior slowdowns, but open courts make for busier litigators.

7 minute read

Potential Mentors Are Everywhere

Leah Ward Sears | March 31, 2021

Mentors can be anyone willing to listen and help and they don't have to look like you, writes former Georgia Supreme Court Justice Leah Ward Sears.

5 minute read

Trailblazing Judge Paul Feinman Dead Shortly After Retirement From NY Court of Appeals

Ryan Tarinelli | March 31, 2021

The judge redefined what was possible for LGBTQ lawyers in New York, said Matthew Skinner, executive director of The Richard C. Failla LGBTQ Commission, last week.

3 minute read

For First Biden Judicial Nominees, Big Law Was More Career Booster Rocket than Brass Ring

Ross Todd | March 31, 2021

Lawyers with Big Law on their resume made up a majority of the president's first batch of nominees. But they might not all consider themselves "Big Law" attorneys.

5 minute read

Citing 'Temporary' Effects, Litigation-Heavy Munger Tolles Posts Revenue, Profit Dip

Justin Henry | March 30, 2021

"Unlike some firms, we're not so focused on budget and financial goals and all of that," said Malcolm Heinicke, co-managing partner of the firm.

4 minute read

Liberal Groups Cheer Biden's First Judicial Nominees, But Say Work Remains

Jacqueline Thomsen | March 30, 2021

"This list powerfully affirms that nominees who are racially diverse and whose professional background reflects a broad range of practice are available to serve on the federal bench," said Sherrilyn Ifill, the president and director-counsel of the NAACP LDF.

8 minute read

No Sympathy for the Devil: Nike Turns to Arnold & Porter to Sue the Designer Behind 'Satan Shoe'

Ross Todd | March 30, 2021

Nike on Monday turned to Arnold & Porter Kaye Scholer to sue New York-based design company MSCHF for trademark infringement. MSCHF sold a limited run of 666 Nike Air Max 97 sneakers that its website said included "60CC INK AND 1 DROP HUMAN BLOOD" and featured images and themes associated with Satanism.

3 minute read

Queens Trial Adjourned After Legal Aid Lawyer Tests Positive for COVID-19

Jane Wester | March 29, 2021

Jury selection in the case began March 24, part of last week's resumption of in-person jury trials around New York state.

2 minute read

With 3 Retirements Coming in Less Than a Year, New York's Top Court Enters Period of Uncertainty

Ryan Tarinelli | March 29, 2021

Three judges are set to leave the court over a 10-month span. Legal experts say the shakeup is a critical moment for New York's highest court.

5 minute read

With 4 Defamation Suits and Counting, Voting Machine Company Taps Susman Godfrey to Bolster Legal Team

Jacqueline Thomsen | March 29, 2021

Susman Godfrey is joining Clare Locke as "equal partners" in the defamation lawsuits Dominion Voting Systems filed over statements made about its role in the 2020 election.

5 minute read

Litigation Leaders: Cozen O'Connor's Jim Heller on Building Trial-Ready Products Liability, White-Collar and Class Action Teams

Ross Todd | March 29, 2021

"We have a deep bench of attorneys who have taken trials to verdicts. I am very comfortable stating that each of the attorneys in the litigation department is ready to try cases."

12 minute read

Litigators of the Week: After COVID Forced a Trade Secrets Mistrial, This Hogan Lovells Duo Scored a $152M Verdict on Second-Go

Ross Todd | March 26, 2021

A nine-figure jury verdict win is impressive under any circumstances. But everything that led up to the East Texas verdict Maria Boyce and Cristina Rodriguez of Hogan Lovells scored for client ResMan makes it all the more impressive.

8 minute read

A Stoked Batch of Litigator of the Week Runners-Up

Ross Todd | March 26, 2021

Solid results from Goodwin Procter, Mayer Brown, Hogan Lovells, Latham & Watkins, Paul Hastings, and White & Case,

9 minute read

Has COVID Created a New Crop of Plaintiff-Friendly Jurors?

Ross Todd | March 25, 2021

Defendants have tended to try to avoid jurors who express a heightened sense of fearfulness and tendency to worry about things. What about fears related to COVID?

5 minute read

Rob Bonta, Progressive Calif. Lawmaker, Is Picked for State Attorney General

Mike Scarcella | March 24, 2021

"Rob has become a national leader in the fight to repair our justice system and defend the rights of every Californian," Gov. Gavin Newsom said in a statement.

4 minute read

Burford Capital's Profits Dip for 2nd Straight Year, but Its Business With Corporations Grows

Dan Packel | March 24, 2021

Burford officials pointed to CFOs being increasingly open to working directly with litigation funders.

4 minute read

Profile

Between Two Teds: Gibson Dunn's Star Litigators Become Podcasters

Dan Packel | March 23, 2021

Ted Boutrous and Ted Olson are chatting about their careers in a new podcast, allowing them to promote their names and capabilities to clients, law students and the general public.

4 minute read

Meet the Ballard Spahr Partner Protecting Press Access to the Derek Chauvin Trial in Minneapolis

Ross Todd | March 23, 2021

"Let people watch the process, because they will trust it more if they can see it," says Ballard Spahr partner Leita Walker, who has represented a coalition of media outlets covering the trial of the former police officer charged in George Floyd's death.

10 minute read

Orrick Saw Flat Revenue, Double-Digit Profit Growth as Litigation Underperformed

Dylan Jackson | March 22, 2021

Orrick chairman and CEO Mitch Zuklie said litigation accounts for half of the firm's matters, adding that he expects demand to pick back up as the courts reopen in 2021.

4 minute read

A Subject That Keeps Partners Up at Night and Law Firm GCs Employed: 'There's Nothing Ever Clear in Conflicts'

Ross Todd | March 22, 2021

For a big enough law firm, conflicts provide enough thorny questions in murky territory to provide a certain level of job security for firm GCs.

3 minute read

IP Litigation Boutique Desmarais Expands to Washington, Beefs Up ITC Practice

Scott Graham | March 22, 2021

Three partners from Troutman Pepper, led by Goutam Patnaik, will add to the firm's presence at the International Trade Commission. Partner Justin Wilcox is relocating from New York to manage the office and step up D.C.-area recruiting.

3 minute read

The Federal Courts Have a Transparency Problem. Here's How We Can Fix It.

Gabe Roth | March 19, 2021

Gabe Roth, the executive director of Fix the Court, writes that though the third branch says it's the most transparent when it comes to its work, it's the least transparent when it comes to the perks.

5 minute read

Litigator of the Week: Eli Lilly Turns to Kirkland's O'Quinn to Block New Dispute Resolution Procedure Over Drug Discount Program

Ross Todd | March 19, 2021

A federal judge in Indianapolis this week granted John O'Quinn's motion for a preliminary injunction finding that the government's messaging about the new program to resolve disputes over the 340B drug pricing program were "ambiguous, confusing, duplicitous, and misleading."

7 minute read

Litigator of the Week Runners-Up and One Big Shout Out

Ross Todd | March 19, 2021

Runners up from Davis Wright Tremaine, Gibson Dunn, Paul Weiss, Quinn Emanuel, and a big shout out to Fisch Sigler.

4 minute read

Education or Exploitation? Fair or Foul? The NCAA Plays in a Different Court—The Supreme Court

Gregory L. Curtner | March 18, 2021

Gregory L. Curtner, an antitrust litigator at Riley Safer Holmes & Cancila who has represented the NCAA in many matters, makes the case that amateurism should survive a potentially game-changing case at the U.S. Supreme Court.

7 minute read

Can You Sue Your Ex For Posting Photos You Took? This Timeshare Mogul Is Trying

Ross Todd | March 18, 2021

Everybody knows that breakups can be messy. But thankfully few venture into the copyright realm.

3 minute read

A 'Recipe for Litigation': Have Big Law Litigators' Pandemic Predictions Come True?

Ross Todd | March 17, 2021

The Lit Daily checks in with four litigators whose predictions from a year ago about the types of litigation coming out of the pandemic have proven prescient, even if there's been less of it than they expected.

6 minute read

Federal Circuit Judge Evan Wallach Takes Senior Status: 'A Good Time to Create a Place for Someone Else'

Scott Graham | March 16, 2021

Wallach's departure opens the first vacancy for the Biden administration on the nation's patent appellate court. The judge plans to continue hearing Federal Circuit cases while also sitting by designation on district courts.

6 minute read

Leah Ward Sears to Lead Georgia Federal Judicial Nominations Commission

Katheryn Tucker | March 16, 2021

"For far too long, this system has inadequately represented the great diversity of Georgia and America," the state's former chief justice said. "I'm honored to lead Senators Ossoff and Warnock's Commission to bring new, different, and unique perspectives to the federal nominations process and ensure all voices across Georgia are fairly represented."

9 minute read

The Stephen Breyer Retirement Watch Gets an Unofficial Kickoff

Ross Todd | March 16, 2021

On what would have been Ruth Bader Ginsburg's 88th birthday, Justice Stephen Breyer delivered remarks to open a lecture series celebrating his late colleague at the National Judicial College. Meanwhile, a Colorado professor took to The New York Times opinion pages Monday to call on Breyer to retire immediately.

4 minute read

Chief Judges Says Majority of New York State Court Proceedings Will Stay Virtual, for Now

Ryan Tarinelli | March 15, 2021

Chief Judge Janet DiFiore, who made the comments in a video posted on the court system website, reported there were upward of 1,200 "virtual bench trials and evidentiary and fact-finding hearings" that started last week statewide.

2 minute read

What Was Up With All the Securities Class Actions Targeting Non-U.S. Issuers Last Year? Dechert's Angela Liu Weighs In

Ross Todd | March 15, 2021

Liu and her colleagues recently released a white paper analyzing why the percentage of securities class actions targeting issuers based outside the U.S. jumped from 15% in 2019 to just over 27% last year even though the total number of securities suits was down.

4 minute read

Georgia Plaintiffs Lawyer Who Took on GM Says Jury Trials 'Must Resume ASAP'

Katheryn Tucker | March 12, 2021

"When we file a lawsuit on behalf of our client, the most meaningful pressure that is placed on the persons or corporations we sue is the prospect of a jury trial," said Lance Cooper.

4 minute read

White-Collar Enforcement in the Biden Era: Where We Were, Where We're Going

Zach Terwilliger, Branden Stein, | John Greil | March 12, 2021

Two months in, the Biden administration has already signaled certain departures from the Trump era on white-collar enforcement.

6 minute read

Litigator of the Week: The Potential $3B Copyright Headache that Weil Gotshal Erased for Getty Images

Ross Todd | March 12, 2021

Benjamin Marks, who heads the intellectual property & media practice at Weil, Gotshal & Manges, convinced the Second Circuit to uphold his summary judgment win for Getty Images in a case where the company was facing potential statutory damages of $3 billion.

7 minute read

Litigator of the Week Runner-Up and Shout Outs

Ross Todd | March 12, 2021

Quinn lands up as runner-up this week for scoring an early win in the battle over whether XRP, the cryptocurrency backed by Ripple Labs, is a security.

3 minute read

Breaking Up Is Hard, Let's Sue: Do Litigation Firm Break-Ups Have to End This Way?

Ross Todd | March 11, 2021

The ugly allegations are flying back and forth in dueling lawsuits between the founding partners of Roche Cyrulnik Freedman, a Boies Schiller Flexner spinoff. Litigators, it seems, spawn more than their fair share of litigious breakups.

5 minute read

Why One Miami Trial Lawyer Pivoted to ADR During the Pandemic

Dan Roe | March 10, 2021

Peckar & Abramson construction litigator Melinda Gentile is shifting her practice away from trials as the virtual ADR process entices an increasing amount of her firm's clients.

3 minute read

Conversation

Vern Winters: 'At the End of the Day, We are in a Service Business'

Ross Todd | March 10, 2021

Winters, who is in the process of retiring from Sidley Austin to deal with a painful nerve disease in his feet, said a lightbulb went off for him when a friend asked if he would refer a client to himself knowing what he knows about his condition.

8 minute read

Women Argued Less Than 30% of Cases at the Minn. High Court Last Year. This Susman 2nd Year Who Just Argued There Has Some Ideas

Ross Todd | March 09, 2021

"Firms have to allow clients to get to know the associates and the young lawyers, not just when it comes time to do the arguments, but to be part of trial team calls, to be part of the pitch that brings in the case," says Susman Godfrey's Beatrice Franklin.

5 minute read

In-Person Civil Jury Trials Set to Resume Later This Month in Brooklyn State Court

Tom McParland | March 08, 2021

While civil jury trials have been largely halted since the pandemic's onset one year ago, Administrative Judge Lawrence Knipel said the Brooklyn court had processed an "amazing" 18,500 matters since the end of April 2020. Civil trials are set to resume on March 22.

2 minute read

Litigation Leaders: Sidley Austin's Yvette Ostolaza and Mark Hopson on Building an Elite International Team of Trial and Appellate Lawyers

Ross Todd | March 08, 2021

"Our best client relationships are those where we are working with multiple teams within the client's legal and business departments," says Hopson. "We are also honest with our clients in terms of what we can and, sometimes more importantly, what we can't do. Clients appreciate that honesty."

11 minute read

Litigators of the Week: The Irell Trial Team That Landed a Whopping $2.175B Patent Verdict Against Intel in Waco

Ross Todd | March 05, 2021

After a six-day trial, it took jurors less than four hours of deliberations to side with the Irell team led by Morgan Chu, Ben Hattenbach and Alan Heinrich and their client, VLSI Technology LLC.

5 minute read

Another Stacked Week of Litigator of the Week Runners-Up and Shout Outs

Ross Todd | March 05, 2021

After three years of litigation on behalf of crew members of the USS Pueblo and their families, a team from Mitchell Silberberg & Knupp last week won a $2.3 billion damages award against North Korea–among the largest ever awards in a state-sponsored terrorism case.

8 minute read

Conversation

AI for Litigators? How McDermott Is Using Algorithms to Flag Potential Issues for Clients and Get Their Hands on Hot Docs Faster

Ross Todd | March 04, 2021

The folks at McDermott Will & Emery say their in-house artificial intelligence tools allow them to visualize data, spot potential compliance issues, and surface key documents quickly.

7 minute read

Amazon, Fenwick Win $4.8M Fee Award in Multidistrict Patent Litigation

Scott Graham | March 03, 2021

PersonalWeb Technologies had accused more than 80 Amazon customers of infringement. A federal judge in San Jose wrote that, even accounting only for fees tied to PersonalWeb's misconduct, Amazon was entitled to about 75% of its request.

4 minute read

A Big Law Trial Lawyer's Story of Pain, Loss and Healing

Vern Winters | March 03, 2021

What if you had to walk away from your career, right at its height, because of a debilitating disease? Vern Winters, who is in the process of retiring from Sidley Austin, writes about having to face those facts—and to find a way past them.

9 minute read

Along Came SPACs, and Then SPAC Litigation

Stephen Blake | March 02, 2021

Lawsuits related to special purpose acquisition companies will have many similarities to traditional securities and M&A litigation, but will also develop their own rubrics given the unique features of the SPAC model, writes Stephen Blake of Simpson Thacher & Bartlett.

9 minute read

Wake Up, Big Law: Your Diversity Issues Might Very Well Become Loss-of-Influence Issues

Ross Todd | March 02, 2021

Progressives are calling on the Biden administration to expand the pool of potential federal judicial nominees beyond the Am Law 200 partners and prosecutors who have routinely filled vacancies during the Obama and Trump administrations.

4 minute read

What's Up With All the Trade Secret Action at the ITC? Two Latham IP Litigators Weigh In

Ross Todd | March 01, 2021

In the wake of a big trade secret win at the Commission for electric car battery maker LG Energy Solutions, Latham's David Callahan and Bert Reiser discuss how parties are harnessing the protections of the Defend Trade Secrets Act at the ITC.

9 minute read

Atlanta Federal Judge Announces Intention to Go Senior But Remain at 'Full Blast'

Katheryn Tucker | February 26, 2021

"We have right now the same number of judge positions we did in '79. It's a completely transformed judiciary in terms of the volume of cases, volume of business, the population," Judge Amy Totenberg said. "The prospect of being able to actually add judges and have very much active senior judges is great."

3 minute read

Litigators of the Week: This Debevoise Duo Fended Off a $650M Arbitration Claim For the Republic of Iraq

Ross Todd | February 26, 2021

Catherine Amirfar and Ina Popova of Debevoise & Plimpton on Monday secured a complete defense win in a bilateral investment treaty arbitration brought by Agility Public Warehousing Company.

8 minute read

Another Batch of Litigator of the Week Runners-Up and Shout Outs that Shows that You Guys Don't Make This Part of the Job Easy

Ross Todd | February 26, 2021

Death penalty vacated: Check. Antitrust precedent set: Check. Former LOTW verdict flipped: Check.

4 minute read

Profile

How This Senior Judge Became the Federal Judiciary's Most Effective Evangelist for Virtual Trials

Ross Todd | February 25, 2021

U.S. District Senior Judge Marsha Pechman in Seattle says the pandemic has forced the federal judiciary to try cases in Quonset huts, gymnasiums and, at least in her court, virtually in jurors' homes. "We should be thankful that the American public is willing to invite us in," she says.

5 minute read

Best Practices

How Jurors Perceive Time in the Virtual World and Why You Should Care About It

Ross Todd | February 24, 2021

Austin, Texas trial lawyer Carl Guthrie suspects remote jurors expect virtual trials to be "instantaneous" much like the medium used to present them.

4 minute read

Paul Weiss' Mark Pomerantz Joins Manhattan Prosecutors for Trump Probe

Jane Wester | February 23, 2021

Pomerantz is on leave from the firm to work as a special assistant district attorney.

3 minute read

In Rare Showdown, SCOTUS Hearing Reunites Former and Current Hogan Lovells Partners

Marcia Coyle | February 23, 2021

The unusual faceoff between current and former Hogan Lovells partners began with good luck wishes from Neal Katyal and ended with high praise for the "junior" advocate, now-Assistant to the U.S. Solicitor General Colleen Sinzdak.

5 minute read

After COVID Causes Problems with Mail and Paper Checks, Boies Schiller Makes Extra Push to Get Au Pair Class Members Paid

Ross Todd | February 23, 2021

While 75% of the 13,000 class members—mostly young people from abroad who have provided live-in childcare to families in the U.S.—have been able to cash checks, the undeposited checks that remain outstanding average almost $1,850.

4 minute read

How Irell's Morgan Chu Is 'Spoon-Feeding' a Billion-Dollar Damages Case to Jurors

Scott Graham | February 22, 2021

Chu told a Western District of Texas jury Monday that "nearly a billion" Intel processors infringe his client's two patents. But he hasn't given jurors a number, yet. Wilmer's William Lee said the right number is zero for VLSI's "imaginary products."

5 minute read

Profile

How Kirkland's First Black Partner Advocated In and Out of Court to Get 4 Maryland HBCUs to the Precipice of a Historic $577M Settlement

Ross Todd | February 22, 2021

In a high-profile case where Kirkland teamed with the Lawyers' Committee for Civil Rights, Mike Jones says that courtroom advocacy was sharpened by presentations made to newspaper editorial boards and legislators.

6 minute read

Litigators of the Week: The Quinn Emanuel Trio Who Fended Off Citi's Attempt to Claw Back Half a Billion in Mistakenly Wired Funds

Ross Todd | February 19, 2021

Adam Abensohn, Benjamin Finestone and Robert Loigman grabbed headlines this week in the case spinning out of a nearly billion dollar blunder that rocked the finance world.

10 minute read

This Week's LOTW Runner-Up and Shout Outs

Ross Todd | February 19, 2021

Latham & Watkins scored a huge win at the ITC in a trade secret showdown over electric vehicle batteries.

4 minute read

California Supreme Court Asked to Move Cases Out of Slow-Moving Appellate Court

Cheryl Miller | February 18, 2021

A Northern California attorney who accused three Sacramento appellate justices of allowing cases to languish for years has asked the state Supreme Court to transfer dozens of matters from the Third District to other appellate districts.

3 minute read

A Lawyer's Death and a $4M Insurance Policy: Inside Florida's First Federal Remote Civil Jury Trial

Raychel Lean | February 18, 2021

Armed with heartbreaking security footage, a toxicology report and testimony from witnesses around the country, jurors had to decide whether the former Tampa attorney died accidentally or by suicide.

7 minute read

Trial by Combat

Joel R. Brandes | Chris McDonough | February 18, 2021

Should Rudy Giuliani be disciplined for his conduct relating to the Jan. 6 attack on the Capital and his participation in frivolous lawsuits?

10 minute read

Flattery Only Gets You So Far: Plaintiffs Counsel's Praise Doesn't Nudge Gibson Dunn's Stance on Fees in iPhone Throttling Case

Ross Todd | February 18, 2021

You can hardly blame Cotchett, Pitre & McCarthy founder Joe Cotchett for trying the catch-more-flies-with-honey approach.

4 minute read

Judge Calls for DOJ to Probe Prosecutors' 'Systemic' Disclosure Problems in Iran Sanctions Case

Tom McParland | February 17, 2021

The order from U.S. District Judge Alison J. Nathan of the Southern District of New York, followed a blistering September opinion that took to task the Manhattan U.S. Attorney's Office for making "countless" belated disclosures to lawyers representing Ali Sadr Hashemi Nejad before, during and after his trial.

3 minute read

How Quinn Emanuel Went from Losing a TRO to a Sweeping Win Over Citibank's Half-Billion Blunder

Ross Todd | February 17, 2021

In fast-paced, high-stakes pieces of litigation, winning at the temporary restraining order stage can often be the whole ballgame. Not this time.

5 minute read

Litigation Leaders: Baker Donelson's 'Buck' Wellford on Building a Team With 85 Attorneys Who Have 20-Plus Trials Under Their Belts

Ross Todd | February 16, 2021

"Most large firms have lawyers who have worked on litigation involving claims for significant damages or the potential for unfavorable exposure to the client, but what makes Baker Donelson different is that we have lawyers spread out across our footprint who have actually tried these cases."

15 minute read

Litigators of the Week: Gibson Dunn and Alston & Bird Team to Fend Off an Import Ban on Fitness Trackers

Ross Todd | February 12, 2021

After an all-remote bench trial, Gibson Dunn, working for Fitbit, and Alston & Bird, representing Garmin, this week scored a ruling at the U.S. the International Trade Commission finding the companies didn't infringe a rival's patent.

11 minute read

LOTW Runners-Up and Shout Outs

Ross Todd | February 12, 2021

Patent wins for Latham and Kirkland lead our latest batch of Litigator of the Week runners-up.

6 minute read

You Think Things Have Been Rough in Civil Cases? Have a Look at the Criminal Side of the Docket

Ross Todd | February 10, 2021

A panel discussion between practitioners, judges, and administrators from across the Ninth Circuit on Tuesday made it clear the challenges created by the pandemic have been felt most acutely in criminal cases.

7 minute read

What, If Anything, Can Litigators Take from the Opening of the Second Trump Impeachment Trial?

Ross Todd | February 09, 2021

Tuesday's Senate proceedings, which focused on the Constitutional question of whether a former president can stand trial for impeachment, had elements of both opening statements and appellate arguments.

5 minute read

Gibson Dunn Teams With Mid-Atlantic Innocence Project to Free Maryland Man After 21 Years Served

Ross Todd | February 09, 2021

"My hat is off to them. They out-lawyered me," a special prosecutor Joseph Michael told a local newspaper reporter covering his office's decision not to retry a Maryland man who served 21 years for a crime he maintains he didn't commit. "If I ever kill anybody, I want them to represent me."

5 minute read

How the Pandemic Has Pressed Fast Forward on Access to Justice Efforts Across the Country

Ross Todd | February 08, 2021

Top judges from Nevada, Texas, Michigan and California detailed how the pandemic has forced them to make courts more accessible and service-oriented.

5 minute read

Litigators of the Week: How Robbins Geller Landed a $1.2B Settlement in the Valeant Pharmaceuticals Securities Case

Ross Todd | February 05, 2021

Jim Barz and Darren Robbins of Robbins Geller Rudman & Dowd got sign-off this week on the ninth-largest PSLRA settlement ever.

8 minute read

A Stacked Week of Litigator of the Week Runners-Up

Ross Todd | February 05, 2021

Featuring a long-awaited result in an antitrust challenge to a 2013 merger that went to trial in bankruptcy court in 2019.

5 minute read

How a Potential Wave of Biden Appointees Could Reshape California's Federal Courts

Alaina Lancaster | February 04, 2021

A handful of federal judges in California have announced plans to go senior in the wake of President Joe Biden's inauguration. Some experts say the vacancies open the door for more diverse candidates on the bench.

6 minute read

Why This New York Litigation Boutique Is Bringing an Executive Coach Onto Client Service Teams

Ross Todd | February 04, 2021

Harris St. Laurent & Wechsler managing partner Jonathan Harris says the 20-lawyer firm brought on Dr. Monica Delgado as a client resource and to help lawyers keep a focus on the end goal for clients.

4 minute read

If a Remote Trial Can Work in a Patent Case …

Ross Todd | February 03, 2021

U.S. District Senior Judge Thomas Zilly, who this fall became the first federal judge to conduct a virtual civil jury trial, earlier this week tried a patent case remotely to a jury verdict. "We as judges feel patent cases are as difficult and complex and as hard to manage as any are. I thought this case went smoothly," Zilly said.

9 minute read

A (Hopeful) Case Study in Juror Group Dynamics During the Pandemic

Ross Todd | February 02, 2021

What can we all learn from this case study of a federal criminal jury that navigated the complicated early days of the pandemic?

5 minute read

Justice in the Pandemic: In Praise of Trial by 'In-Person' Jury

Becky Smith Jones | Randy Sue Pollock | February 01, 2021

A lawyer and trial consultant reflect on their conversations with Kentucky jurors in the wake of a trial that was profoundly affected by the onset of the coronavirus pandemic.

35 minute read

'Poetic Justice': Gibson Dunn Client Goes from Suing the Federal Agency Behind Voice of America to Being Its Interim Leader

Ross Todd | February 01, 2021

Gibson, Dunn & Crutcher client Kelu Chao, a veteran Voice of America journalist, joined a lawsuit fighting political interference at the U.S. Agency for Global Media during the Trump administration only to be named the agency's interim head by President Biden.

4 minute read

Litigators of the Week: The Beveridge & Diamond Team that Made Sure Newark Didn't Face the Same Safe Drinking Water Act Woes as Flint

Ross Todd | January 29, 2021

A Beveridge & Diamond team led by Bina Reddy, Eric Klein, and Roy Prather fended off two preliminary injunction efforts by the Natural Resources Defense Council before favorably settling the case for the New Jersey city this week.

10 minute read

Another Week of Lit Daily Runners-Up and Shout Outs

Ross Todd | January 29, 2021

Husch Blackwell convinced the Eighth Circuit a Missouri politician wasn't user her Twitter feed fo "official governmental activity," but as communication "akin to a campaign newsletter" leaving her free to select her audience as she sees fit.

4 minute read

How and Why Schulte Signed onto the Public Nuisance Suit Over the 1921 Tulsa Race Massacre

Ross Todd | January 28, 2021

Schulte Roth & Zabel this week announced that the firm is joining the legal team in a lawsuit seeking to "remedy the ongoing nuisance" caused by the mob attack which leveled the Greenwood community in Tulsa, left hundreds of Black residents dead, and thousands homeless.

10 minute read