Litigation Daily | Expert Perspectives On The Biggest Cases

Lawyers Want to Depose NFL Fee Expert Over Slashed Attorney Fees

Max Mitchell | December 20, 2017

Attorneys from five law firms have asked the court presiding over the consolidated NFL concussion litigation to depose the Harvard professor who recently recommended that fees for attorneys representing individual players be capped at 15 percent.

3 minute read

Daily Dicta: A Bold Move by Microsoft; Kasowitz's New Look; Gibson Dunn Scores

Jenna Greene | December 20, 2017

Microsoft does away with forced arbitration for sexual harassment cases; Kasowitz unveils a new website; Gibson Dunn wins one for a law firm client

7 minute read

Settlement in Affordable Care Act Payments Case Helps States' Suit Proceed

Kristen Rasmussen | December 20, 2017

The Trump administration, House Republicans and a coalition of Democratic state attorneys general have settled their lawsuit over the legality of insurer subsidies under the Affordable Care Act. The settlement states that the parties agree that a trial judge's ruling that the House had standing to challenge the payments remains but does not “control” decisions in future litigation over this issue, clearing the way for the states' separate lawsuit.

3 minute read

The American Lawyer's Litigators of the Year

Emily Barker | Gina Passarella | December 20, 2017

These eight litigators, including our grand prize winner, have reshaped the law, the industries in which their clients operate and the way their colleagues in the bar approach cases.

6 minute read

More Stars: Litigation Department of the Year Honorable Mentions

Emily Barker | Gina Passarella Cipriani | December 20, 2017

These 10 runner-up law firms handled groundbreaking cases, got results that made headlines, and saved clients from uncertain futures.

5 minute read

Second Circuit Revives 'Flash Boys' Market Manipulation Suit Against Exchanges

Colby Hamilton | December 19, 2017

The appellate panel said the district court erred in granting the exchanges absolute immunity, as well as in finding the plaintiffs failed to state a claim.

5 minute read

Memo to Trump: What Not to Expect From Robert Mueller

C. Ryan Barber | Mike Scarcella | December 19, 2017

A letter of exoneration? White-collar defense lawyers say it would be outside the typical course of things for a prosecutor to put anything in writing that would absolve someone of any wrongdoing.

5 minute read

Texas County Turns to Plaintiffs Firms for Big-Deal Opioid Suit

Brenda Sapino Jeffreys | December 19, 2017

Harris County decided to use a tried-and-true strategy of hiring plaintiffs firms to handle litigation the county filed against manufacturers and distributors of opioids.

5 minute read

Judge Rebuffs Bid for Temporary Freeze of Tezos Assets

Ross Todd | December 19, 2017

U.S. District Judge Richard Seeborg said investor Bruce MacDonald had failed to show that he'd be irreparably harmed without a temporary restraining order freezing funds in the stalled ICO.

3 minute read

Latham Picks Up Ex-Kirkland Litigators on Both Coasts

Scott Flaherty | December 19, 2017

The firm hired trial lawyers Andrew Clubok in Washington, D.C., and Elizabeth Deeley in San Francisco, continuing a string of recent additions.

4 minute read

No Egos Allowed: Jones Day, Winner of the Litigation Department of the Year

Gina Passarella Cipriani | December 19, 2017

With an all-hands-on-deck approach that has no room for primadonnas, Jones Day's focus on client service shines through in its litigation wins, earning it our highest honor in the Litigation Department of the Year contest.

8 minute read

Microsoft, Nodding to '#MeToo,' Says It Won't Keep Harassment Victims Out of Court

Erin Mulvaney | December 19, 2017

"The easiest mistake any employer can make is to assume that 'this could never happen here,'" Brad Smith, the company's chief legal officer, said in a blog post Tuesday. "While it's natural to hope and believe that's the case, one of the fundamental lessons of recent months is that people's voices need to be heard if their problems are to be addressed."

7 minute read

11th Circuit Stuns Defense, Revives Case of Officer Fired After Refusing Taser Shock

Greg Land | December 19, 2017

With one of three judges dissenting, the U.S. Court of Appeals for the Eleventh Circuit has revived a suit claiming a Union City police detective who was fired after refusing to be shocked by a Taser was subjected to illegal discrimination.

5 minute read

Goldman Sachs Taps S&C's Karen Seymour as Its New Co-GC

Miriam Rozen | December 19, 2017

At S&C, a steady movement of its women partners to positions of power in the business world represents a source of pride and also strengthens the firm's relationships with financial services industry clients.

3 minute read

Newly Amended Law Clerk Handbook Affirms Harassment Complaints Are Permitted

Tony Mauro | December 19, 2017

The federal law clerk handbook was revised Monday to include language that says nothing in the code of conduct prevents a clerk, or another judiciary employee, from revealing alleged misconduct. "Clerks are encouraged to bring such matters to the attention of an appropriate judge or other official," the handbook now says.

5 minute read

Judge Blocks Government From Stopping 2 More Undocumented Teens' Abortions

Cogan Schneier | December 18, 2017

The government has already appealed the ruling, which was stayed for 24 hours.

4 minute read

What Do Google and Uber Want From Their Lawyers in 2018?

Miriam Rozen | December 18, 2017

In-house lawyers from two tech juggernauts share their outside counsel wish lists.

3 minute read

Fired GC Tries to Laugh Off Bio-Rad's Appeal of His Winning Verdict

Sue Reisinger | December 18, 2017

Sanford Wadler, former Bio-Rad GC and whistleblower, won a retaliation case earlier this year against his former employer.

3 minute read

Daily Dicta: Fixing a Judge Pick; Sidley to the Rescue; Kozinski Is Not Funny

Jenna Greene | December 18, 2017

Now that Brett Talley is out as a judicial nominee for the Middle District of Alabama, perhaps Terry Moorer will get the seat he deserves. Also, Sidley Austin halts the deportation of hundreds of Cambodian refugees.

6 minute read

Ropes & Gray Partner to Lead SEC New York Office

Christine Simmons | December 18, 2017

Partner Marc Berger, a former federal prosecutor who helped lead a crackdown on insider trading, is currently global co-head of Ropes & Gray's securities and futures enforcement practice.

2 minute read

Total Destruction, Williams & Connolly Style

Jenna Greene | December 18, 2017

Williams & Connolly doesn't often find itself in the role of plaintiffs counsel, but firm lawyers are crushing a huge copyright infringement…

4 minute read

How Rainmaking for a Big Firm Led to a Two-Year Bar Suspension

Kristen Rasmussen | Mike Scarcella | December 18, 2017

The transcript of the 2015 disciplinary hearing offers the deepest public glimpse of an attorney's long career in the law—and how he believed he had done nothing wrong.

7 minute read

Trump Judicial Nominee Withdraws After Flunking Senate Hearing

Cogan Schneier | December 18, 2017

Matthew Petersen, a nominee for the U.S. District Court for the District of Columbia, could not define basic legal terms in his hearing before the Senate last week.

3 minute read

Baker McKenzie, Representing Moscow-Based Kaspersky Lab, Sues Trump Over Software Ban

C. Ryan Barber | December 18, 2017

The complaint accused U.S. officials of denying Kaspersky any meaningful chance to defend itself, and argued that the government did not have sufficient evidence to order agencies to stop using the company's software products.

4 minute read

Judge Alex Kozinski, Apologizing Amid Harassment Claims, Retires Immediately

Marcia Coyle | December 18, 2017

Federal appeals judge Alex Kozinski, beset by allegations of sexual misconduct, on Monday announced his retirement effective immediately.

4 minute read

Orrick Grows Litigation Ranks by Absorbing Boutique

Christine Simmons | December 17, 2017

In all, 15 lawyers from Morvillo LLP will join the New York and Washington, D.C., offices of Orrick, Herrington & Sutcliffe on Jan. 1, including seven partners, three counsel and five associates. For Orrick, it's the firm's largest addition of litigators in the last nine years.

7 minute read

Polsinelli Picks Up 5-Lawyer McDermott IP Team

Meghan Tribe | December 17, 2017

Fabio Marino, leader of the Northern California intellectual property group at McDermott Will & Emery, is leading a group of lawyers leaving the firm for Polsinelli in Silicon Valley.

5 minute read

Quinn Emanuel Defends Judge Alex Kozinski as Misconduct Claims Mount

Marcia Coyle | December 15, 2017

Federal appeals judge Alex Kozinski has retained Susan Estrich and William Burck of Quinn Emanuel Urquhart & Sullivan to represent him as additional women step forward to accuse him of sexual misconduct.

5 minute read

112 Companies Back Microsoft, Princeton in Immigration Suit Against Trump

Mike Scarcella | December 15, 2017

"In addition to these invaluable intangible benefits, DACA has produced—and is continuing to produce—important benefits for America's companies and for our economy as a whole," the brief, filed by teams from Wilmer Hale and Mayer Brown, argued.

2 minute read

Kozinski Harassment Inquiry Is Routed to the Second Circuit

Ross Todd | December 15, 2017

Chief Justice John Roberts has called on Chief Judge Robert Katzmann of the U.S. Court of Appeals for the Second Circuit to head up an inquiry into sexual harassment complaints against Ninth Circuit Judge Alex Kozinski.

5 minute read

Litigator Abbey Kaplan on How Finding Common Ground Has Built His Career

Celia Ampel | December 15, 2017

The Kluger, Kaplan, Silverman, Katzen & Levine partner goes to great lengths to make meaningful connections with people, whether it's opposing counsel, young lawyers, jurors or his own family.

5 minute read

Five Roles of the Litigator: Problem Solver, Advocate, Strategist, Negotiator and Therapist

Jennifer B. Zourigui | December 15, 2017

Jennifer B. Zourigui writes: A litigator must often wear various hats to offer the best representation to his or her client. Each of these roles requires the cultivation of a set of skills necessary to the job—some more widely expected of a litigator and others less thought of but equally important.

5 minute read

Super Bowl Ticket-Holder Scores in Appeals Court in Case Against NFL

P.J. Dannunzio | December 15, 2017

After reviewing a decision by a New Jersey federal court tossing a man's lawsuit against the National Football League over its Super Bowl ticketing practices, the U.S. Court of Appeals for the Third Circuit reversed the district judge's call and put the case back in play.

3 minute read

Bernstein Litowitz Finds Role for Investors in Fight Against Sexual Harassment

Scott Flaherty | December 15, 2017

Can the threat of investor litigation solve sexual harassment problems in the corporate world?

26 minute read

Hobby Lobby, Resisting State Subpoena, Is Drawn Into New Birth Control Suit

Marcia Coyle | December 15, 2017

"The state of Washington has no business demanding nationwide data from some of the biggest private companies in the country," lawyers for Hobby Lobby Stores Inc. tell a federal judge in Tacoma, Washington.

3 minute read

Litigator of the Week: A Mega-Bank Battle With Billion-Dollar Implications

Jenna Greene | December 14, 2017

Given the magnitude, complexity and high stakes of the dispute, Joseph Frank, who is global co-head of Shearman & Sterling's securities litigation and enforcement practice, was our clear-cut choice for litigator of the week.

21 minute read

Ninth Circuit Brings Complaint Against Alex Kozinski After Sexual Harassment Claims

Ross Todd | Marcia Coyle | December 14, 2017

The Ninth Circuit's misconduct order indicated that Chief Judge Thomas was initiating a complaint himself based on a Dec. 8 report from The Washington Post.

6 minute read

Can Concussion Litigation Make the Leap to Products Liability?

Max Mitchell | December 14, 2017

Sports-related concussion litigation has been expanding across the country, with everything from the NFL and colleges to high schools and youth sports programs becoming defendants. But, even as the number of cases continues to climb, some see hurdles if attorneys want to push concussion litigation beyond basic negligence claims.

5 minute read

N. Randy Smith to Take Senior Status, Opening Up Another Ninth Circuit Seat

Ross Todd | December 14, 2017

Judge N. Randy Smith of the U.S. Court of Appeals for the Ninth Circuit has announced that he will be taking senior status next year, opening up another spot to fill for President Donald Trump on the nation's largest federal appellate court.

3 minute read

Q&A: How a Mother of Three With No Lawyer and No Computer Won at the Pa. Supreme Court

Zack Needles | December 14, 2017

When tasked with arguing a complicated issue of statutory construction before the Pennsylvania Supreme Court, a law firm might call upon its most seasoned appellate lawyer and a small army of associates to spend countless hours poring over case law and legislative history using state-of-the-art of legal research software. Shannon McGrath, a mother of three from Pittsburgh with a nursing degree and no background in the law, used her smartphone.

15 minute read

Why a Hospital Agreed to Pay, Not Appeal, a $26M Med-Mal Verdict

Katheryn Tucker | December 14, 2017

“They didn't do it because they were feeling the Christmas spirit,” lead plaintiffs attorney Lloyd Bell said Wednesday.

9 minute read

No Waiting for This: Here Come the 'Net Neutrality' Lawsuits

C. Ryan Barber | December 14, 2017

"We are 5-0 against the Trump administration because they often fail to follow the law when taking executive action," the Washington state attorney general said in a statement that vowed swift legal action.

5 minute read

Event

RSVP Now! SCOTUS Clerks and Diversity: A Conversation With Tony Mauro and Neal Katyal

Law.com Editors | December 14, 2017

Tune in today! Join National Law Journal Supreme Court correspondent Tony Mauro and former Acting Solicitor General Neal Katyal for a conference call at 3 ET to discuss new demographic research on Supreme Court law clerks. The call is free. Register now and be part of the conversation.

2 minute read

Inside Wells Fargo's Quest Against a Whistleblower Awarded $577K

C. Ryan Barber | December 14, 2017

Recently disclosed documents obtained through a Freedom of Information Act request offer a deep glimpse into the bank's efforts to contest bank manager Claudia Ponce de Leon's claims that she was unlawfully fired for complaining about corporate malfeasance.

8 minute read

Texas' Tweeter Laureate Don Willett Is Confirmed to the Fifth Circuit

John Council | December 14, 2017

In a 50-47 party line vote, the Senate confirmed Willett's nomination Wednesday to the powerful federal appellate court.

3 minute read

Kirkland Wins One for an Underdog

Jenna Greene | December 14, 2017

When your client is a convicted drug dealer who got hurt playing basketball in prison, it's no easy feat to convince a jury to award damages using…

3 minute read

Boies Schiller Partner Nikas Jumps to Quinn Emanuel

Miriam Rozen | December 13, 2017

Well-known art industry litigator Luke Nikas said the move was unrelated to media attention tied to David Boies' work for Harvey Weinstein.

4 minute read

Unsealed Now: Letter from Federal Prosecutors in Waymo v. Uber

Ross Todd | December 13, 2017

Read the letter the U.S. attorney's office sent alerting Judge William Alsup to an explosive allegations a former Uber employee had passed to an in-house Uber attorney. The letter was unsealed and posted publicly Wednesday in the Waymo v. Uber docket.

2 minute read

In Alabama Senate Race, Big Law Backed a Winner

Brian Baxter | C. Ryan Barber | December 13, 2017

Doug Jones, a name partner at Birmingham's Jones & Hawley and a former partner at Haskell Slaughter and Whatley Drake, stunned Republican candidate Roy Moore in a special U.S. Senate election in Alabama.

24 minute read

What's Next After the Kozinski Allegations? Here's How Courts Handle Misconduct Claims.

Marcia Coyle | December 13, 2017

In the normal judicial misconduct case, a federal appeals court would handle the complaint internally. But the sexual misconduct allegations against Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit pose complications for the courts, according to judicial ethics experts.

12 minute read

Federal Judicial Nominee Flunks 'Motion in Limine' Definition at Senate Hearing

Celia Ampel | December 13, 2017

Federal Election Commissioner Matthew Petersen has never tried a case, has assisted on just a handful of depositions and was stumped by a Republican senator on a question about the basic trial term.

5 minute read

Senator Schumer Pursuing Legal Action in Sexual Harassment Allegation

The Associated Press | December 13, 2017

Sen. Chuck Schumer said Wednesday that he is "pursuing every legal path" against whoever circulated a forged document accusing him of sexual harassment.

2 minute read

Facing Lawmakers, DAG Rosenstein Goes to Bat for Mueller

Cogan Schneier | December 13, 2017

In a House hearing Wednesday, Deputy Attorney General Rod Rosenstein defended the integrity of Robert Mueller, the special counsel investigating Russian interference in the 2016 election.

8 minute read

What Judges Are Saying About Oral Arguments

Katheryn Tucker | December 13, 2017

Appellate attorneys say the opportunity to argue their cases in person is useful, especially for complex matters and important questions of law.

12 minute read

Daily Dicta: What's the Opposite of Good Legal Writing? This Brief by Carter Page.

Jenna Greene | December 13, 2017

This is why pro se defendants get a bad name.

19 minute read

US Justice Department Will Back Joe Arpaio in Appeal to Erase Contempt Verdict

Mike Scarcella | December 13, 2017

"The government has entered an appearance in this case and intends to represent the government's interests in this appeal," the U.S. Department of Justice said in a statement Wednesday to the U.S. Court of Appeals for the Ninth Circuit.

4 minute read

9th Circuit Strikes Constitutional Challenge to the Arbitration Act

Amanda Bronstad | December 12, 2017

The ruling upheld a decision routing a case into arbitration that brought false advertising claims against AT&T over its “unlimited” service plans.

5 minute read

How Jones Day Cornered the Market on SCOTUS Clerks

Tony Mauro | December 12, 2017

The unprecedented Jones Day spree is a testament to the cachet of Supreme Court clerks and the unspoken presumption that all of them—or almost all—emerge from the nation's highest court polished and ready to take on whatever legal task is handed them.

6 minute read

Iran Sanctions-Busting Case May Test Limits of US Jurisdiction

Andrew Denney | December 12, 2017

The case against a Turkish banker accused of taking part in a scheme to help steer Iranian money around American sanctions has raised questions about the reach of a U.S. statute that can be used to impose criminal penalties on foreigners acting abroad.

5 minute read

Shakespeare Mock Trial Brings Comedic Relief for Judges and Lawyers

Cogan Schneier | Lisa Helem | December 12, 2017

D.C. Circuit Chief Judge Merrick Garland joined several other D.C. federal judges in presiding over appellate arguments in the case of Sebastian and Olivia, from William Shakespeare's "Twelfth Night."

15 minute read

2017: The Year of Inconsistent FCPA Enforcement

Sue Reisinger | December 12, 2017

A recent review of enforcement from 2017 showed a lack of consistency in how monitorships were applied, in how recidivist companies were treated, and in when cases prompted both civil and criminal penalties.

11 minute read

Lessons From Long-Shot SCOTUS Clerks: Work Hard, Stand Out, Stay Grounded

Karen Sloan | December 12, 2017

We collected the stories of four unlikely SCOTUS clerks to provide a glimpse of how hard work, happenstance and well-placed mentors can pave a nontraditional path to the U.S. Supreme Court. Here's what they had to say.

41 minute read

Daily Dicta: The Expert Witness from Hell

Jenna Greene | December 12, 2017

 The Expert Witness from Hell There are good expert witnesses. There are bad expert witnesses. And then there is Michael Panish.A…

25 minute read

Former Trump Adviser Carter Page Files Brief in AT&T Antitrust Case

Cogan Schneier | December 12, 2017

Page served as an informal adviser during the 2016 election, and alleges telecommunications companies acted in concert with the government to interfere in last year's elections.

8 minute read

Court's Expert Recommends Limit on Attorney Fees for NFL Settlement Lawyers

Max Mitchell | December 12, 2017

A Harvard Law professor has issued a report recommending a cap on all contingent fee contracts for attorneys representing former players individually and rejecting arguments that parties should pay an additional set-aside toward a common benefit fund for class counsel attorneys.

4 minute read

Event

SDNY Chief Judge Colleen McMahon Takes on Sexual Harassment

Colleen McMahon | December 12, 2017

Judge's award acceptance speech becomes an impassioned appeal: "It is a very good thing that the workplace's dirty little secret has finally been subjected to a healthy dose of Justice Louis Brandeis' strongest disinfectant. Now that we have let the sunshine in, we can finally address the nefarious and way too prevalent scourge of sexual harassment in the workplace."

7 minute read

Justice Thomas Ventures Beyond Elite Schools to Fill Clerkship Posts

Karen Sloan | December 11, 2017

In a system where justices pull heavily from their own alma maters and a handful of other top schools, Justice Clarence Thomas casts the widest net.

11 minute read

Infographic

SCOTUS Clerks: The Law School Pipeline

Tony Mauro | December 11, 2017

When it comes to Supreme Court law clerks, it's Harvard and Yale—and then everyone else. This chart ranks the top 15 law school feeders from 2005 to 2017. Go deeper for a justice-by-justice view.

2 minute read

Age Discrimination Case Moves Forward Against Ohio State University

Erin Mulvaney | December 11, 2017

An Equal Employment Opportunity Commission investigation that found a class of older employees at Ohio State University faced age discrimination came as a suit targeting the university for certain practices is moving forward.

4 minute read

Appeals Court Revives Hundreds of Diabetes Drug Lawsuits

Amanda Bronstad | December 11, 2017

A federal appeals court has revived more than 750 lawsuits filed over four diabetes drugs after finding that a San Diego judge misapplied a 2011 U.S. Supreme Court opinion relating to federal pre-emption.

8 minute read

In Climate Case, Ninth Circuit Seems Reluctant to Step In

Ross Todd | December 11, 2017

Judge Alex Kozinski, sitting for his first oral argument after the Washington Post reported harassment allegations against him on Dec. 8, appeared to be in the court's minority in a case over whether there's a constitutional right to a livable climate.

3 minute read

Toyota Battles Accident Victim's Family Over Lawsuit Following Settlement

R. Robin McDonald | December 11, 2017

Toyota is battling to limit potential damages in a wrongful death case filed 23 years after the automobile manufacturer settled a personal injury case based on the same catastrophic injury and product liability claims.

5 minute read

Florida Supreme Court to Hear Case on Judges' Facebook Friendships

Celia Ampel | December 11, 2017

The court will review a Third District Court of Appeal decision finding a Miami judge was not required to recuse herself just because of a Facebook "friendship" with an attorney who appeared before her.

3 minute read

Norwegian Cruise Line Defeats $90M Lawsuit From Former CEO

Celia Ampel | December 11, 2017

A Miami-Dade jury ruled against former CEO Colin Veitch on all counts.

3 minute read

Who Are the Supreme Court's Biggest Feeder Judges?

Tony Mauro | December 11, 2017

The path to a U.S. Supreme Court clerkship runs disproportionately through the chambers of certain circuit judges, many of whom sit on the U.S. Court of Appeals for the D.C. Circuit and almost all of whom are white men.

4 minute read

11th Circuit Judge Isn't Worried About Decline in Oral Arguments—But Lawyers Are

Katheryn Tucker | December 11, 2017

The discussion of oral arguments was a secondary point in Judge William Pryor's piece in the New York Times, but he touched on a tension that has been developing between lawyers and judges for years.

10 minute read

Justices Turn Down LGBT Workplace Discrimination Challenge

Marcia Coyle | December 11, 2017

The U.S. Supreme Court on Monday refused to decide whether the nation's workplace anti-bias law bars sexual orientation discrimination. The justices may soon have another opportunity to take up the closely watched question. The full U.S. Court of Appeals for the Second Circuit heard arguments Sept. 26.

4 minute read

Shut Out: SCOTUS Law Clerks Still Mostly White and Male

Tony Mauro | December 11, 2017

According to a National Law Journal study, the U.S. Supreme Court's clerk ranks are less diverse than law school graduates or law firm associates—and the justices aren't doing much to change that.

16 minute read

Alleged Israeli Government-Led Conspiracy Against 'Deadbeat Dads' Tossed by Judge

Colby Hamilton | December 11, 2017

Plaintiffs alleged a wide-ranging conspiracy against Israeli government debt collectors and charities who they say worked to ruin them financially over child support and alimony claims.

3 minute read

Misconduct Claims Against Kozinski Put New Spotlight on Past Controversies

Marcia Coyle | December 08, 2017

"Tell Kozinski to watch pornography at home and not in his own court," the late Chief Justice William Rehnquist reportedly once said about the Ninth Circuit judge.

6 minute read

Keker and Innocence Project Team to Free Father in 'Shaken Baby' Case

Ross Todd | December 08, 2017

A state court judge in Sacramento granted a writ of habeas corpus overturning the 2002 murder conviction of Zavion Johnson, who was convicted of killing his 4-month-old daughter based of medical testimony that has been undermined by more recent research.

7 minute read

Judge Narrows Grant & Eisenhofer Suit Over Alleged Client Poaching

Scott Flaherty | December 08, 2017

The ruling still leaves Grant & Eisenhofer with one claim that allows it to continue seeking some fees.

4 minute read

Conviction Reversed After Lawyer Represents Buyer and Seller in Drug Deal

Colby Hamilton | December 08, 2017

The defendant was denied effective counsel because his assigned attorney was simultaneously representing the person who would go on to be a key government witness.

3 minute read

ABA Warns Judges of Ethical Problems Over Benches' Internet Research

Cogan Schneier | December 08, 2017

A formal opinion issued Friday from the ABA's ethics committee outlines when judges should, or shouldn't, use the internet for their own research.

8 minute read

NFL Judge Blocks Litigation Funder Assignment Agreements

Max Mitchell | December 08, 2017

The federal judge overseeing the implementation of the $1 billion concussion-related settlement involving the NFL has barred third-party litigation funders from entering into assignment agreements with retired players.

11 minute read

Update

Federal Immigration Enforcement: Court Arrests Are 'Safer'

Josefa Velasquez | December 08, 2017

A spokeswoman for ICE said Friday that the agents pursue arrests of undocumented immigrants in courthouses because the facilities provide a “far safer” environment for everyone involved, responding to calls by legal advocacy groups for state courts to impose limits on the practice.

8 minute read

Debevoise Partner Leads Deutsche Bank's Response to Mueller's Russia Probe

C. Ryan Barber | December 08, 2017

Deutsche Bank, Germany's largest bank and one with long ties to Trump business ventures, has faced mounting scrutiny since this summer. A team from Akin Gump handled responses to U.S. congressional inquiries.

52 minute read

CA Supreme Court Weighs Key Matter in Heller Bankruptcy

Amanda Bronstad | December 07, 2017

In a case stemming from Heller Ehrman's bankruptcy a decade ago, the California Supreme Court grappled with a matter of California law that could…

5 minute read

Third Time's a Charm? Federal Circuit Panel Hints at Another Trial in Oracle v. Google

Scott Graham | December 07, 2017

A three-judge panel of the U.S. Court of Appeals for the Federal Circuit peppered a lawyer for Google with tough questions over the company's fair use win over Oracle.

14 minute read

Morgan Lewis Denies Conflict in Client's $30M Lawsuit

Lizzy McLellan | December 07, 2017

Morgan Lewis says ex-client Towers Watson waived conflicts in its engagement letter with the firm.

3 minute read

Manafort's Lawyers Say Op-Ed Did Not Violate Judge's Gag Order

Cogan Schneier | December 07, 2017

The lawyers said the op-ed was edited for Ukrainian newspaper Kyiv Post.

4 minute read

College Athletes Score $208M Payout From the NCAA

P.J. Dannunzio | December 07, 2017

U.S. District Judge Claudia Wilken of the Northern District of California has granted final approval of the settlement and approved more than $41 million in attorney fees to class counsel, making up 20 percent of the overall award.

3 minute read

'This Is Not Going to Be Easy,' Judge Tells Lawyers in First AT&T Antitrust Hearing

Cogan Schneier | December 07, 2017

U.S. District Judge Richard Leon set a March 19 trial date in the case.

3 minute read

Daily Dicta: Unnaturally Stupid Lawsuits, Arbitrators Gone Wild and a Fond Farewell

Jenna Greene | December 07, 2017

 Unnaturally Stupid Lawsuits Of all the failed would-be class actions, the ones targeting food labels for false advertising strike…

8 minute read

Covington, Hogan Lovells Sue Trump Over Utah Monument-Slashing Plan

C. Ryan Barber | December 07, 2017

Hogan Lovells, representing the California-based outdoor apparel company Patagonia Works and Conservation Lands Foundation, among other clients, is suing various Trump administration agencies. Covington & Burling, advocating for three groups, filed suit against the U.S. Interior Department.

4 minute read

Three Key Quotes From the Ninth Circuit's Travel Ban 3.0 Hearing

Cogan Schneier | December 06, 2017

Judges heard arguments Wednesday over the legality of the third iteration of President Donald Trump's travel ban.

4 minute read

Auto Safety Group Wants Records Unsealed in Case Over Goodyear Tires

Amanda Bronstad | December 06, 2017

The Center for Auto Safety is looking to shed light on whether there's a defect, and whether Goodyear was aware of it.

5 minute read

Why Did Feds Hand Over Former Uber Employee's Explosive Letter in Waymo Fight?

Ross Todd | December 06, 2017

The rare, if not unprecedented move, to hand over a piece of evidence that surfaced in a parallel criminal investigation has former prosecutors abuzz.

6 minute read

Ex-VW Compliance Chief Gets Maximum Sentence in Emissions Case

Sue Reisinger | December 06, 2017

Oliver Schmidt was sentenced for his role in lying to federal regulators and in helping VW hide a conspiracy to cheat on emissions tests.

3 minute read

Judge Sides With NFL Class Counsel in Fee, Claims Administration Disputes

Max Mitchell | December 06, 2017

A federal judge has sided with class counsel in the NFL concussion litigation on several disputes, including how the former players' claims should be processed and whether attorney fee awards should be delayed until more payments are made to the claimants.

4 minute read

California Judge William Alsup Writes SCOTUS to Correct Trump's DOJ

Marcia Coyle | December 06, 2017

It's not everyday that federal judges submit statements to the U.S. Supreme Court. Alsup took issue with the "incorrect impression" left by the U.S. solicitor's office petition in a DACA case.

3 minute read

RICO Class Action Ties Boies, K&L Gates To 'Weinstein Sexual Enterprise'

Scott Flaherty | December 06, 2017

The New York federal lawsuit, which parallels a California case filed last month, suggests the fallout may have just begun for some of Harvey Weinstein's past legal advisers.

3 minute read

Daily Dicta: The Haunting of President Trump (Lawyer Style)

Jenna Greene | December 06, 2017

President Donald Trump and Interior Secretary Ryan Zinke deserve to be haunted for slashing the size of two national monuments in Utah. If not by ghosts, then by lawyers.

20 minute read

Why Oracle's Chances Look Slim in Latest Federal Circuit Appeal Against Google

Scott Graham | December 06, 2017

Thursday is Pearl Harbor Day, so what more appropriate occasion for Oracle and Google to renew hostilities over the Java API copyright?

4 minute read

Florida Ranked No. 1 in Judicial Hellholes Report

Amanda Bronstad | December 05, 2017

A bevy of medical malpractice decisions helped propel Florida to the No. 1 spot in the annual Judicial Hellholes report this year for the first time.

6 minute read

MDL Panel Orders All Federal Opioid Cases to Ohio

Amanda Bronstad | December 05, 2017

A federal judicial panel has ordered nearly 180 government lawsuits filed against opioid manufacturers and distributors to be transferred to a judge in Ohio.

10 minute read

Trump Lawyers Cast Statements at Heart of Defamation Case as Mere 'Rhetoric'

Andrew Denney | December 05, 2017

A lawyer for President Donald Trump argued before a state judge in Manhattan on Tuesday that Trump's denial of accusations by a former contestant on “The Apprentice” that Trump groped her a decade ago—which she had announced publicly a few weeks before the 2016 election—amounted to fiery campaign rhetoric, and could not therefore be construed as defamatory.

17 minute read

Public Defender Organization Accused of Retaliation Over Staff Attorney's Sexual Harassment Allegations

Colby Hamilton | December 05, 2017

Management for the New York County Defender Services is accused of dismissing claims of harassment by a staff attorney, and then retaliating against her after she says she officially filed a report against the supervisor.

9 minute read

With SCOTUS Cloud Overhead, Appeals Courts Take Up Travel Ban 3.0

Cogan Schneier | December 05, 2017

Two federal appeals courts will hear oral arguments this week on the third iteration of President Donald Trump's travel ban, but a sweeping ruling Monday from the U.S. Supreme Court does not bode well for plaintiffs.

7 minute read

'How Do You Draw a Line?' Key Moments From the Supreme Court's Wedding Cake Case

Marcia Coyle | December 05, 2017

By the end of the arguments, the justices seemed closely divided, with those on the left deeply skeptical of the First Amendment speech claim, and those on the right more sympathetic to his religion claim. Here are highlights from Masterpiece Cakeshop v. Colorado Civil Rights Commission—what may become the term's biggest decision.

7 minute read

Daily Dicta: Do the Feds Hate All Vertical Mergers? Or Just the Ones Involving CNN?

Jenna Greene | December 05, 2017

 Do the Feds Hate All Vertical Mergers Now? Or Just the Ones Involving CNN? There's a potential moment of reckoning on the horizon…

31 minute read

Phila. Jury Slams Makers of Xarelto With $27.8M Verdict

Max Mitchell | December 05, 2017

A Philadelphia jury has awarded nearly $28 million to the plaintiffs, attorneys said, in the first bellwether trial to take place in state court over the blood thinner Xarelto. The verdict comes after three straight losses for plaintiffs in federal court.

4 minute read

'Troll King' Intellectual Ventures Wins Antitrust War With Capital One

Scott Graham | December 04, 2017

U.S. District Judge Paul Grimm of Maryland seemed sympathetic to Capitol One but didn't endorse Capital One's novel antitrust argument.

23 minute read

CFPB Suspends 1 Investigation as Mulvaney, at Helm, Reviews Pending Cases

C. Ryan Barber | December 04, 2017

Mick Mulvaney said he remains in the early stages of his review but said he was “triaging” to prioritize cases that have time-sensitive deadlines or hearings.

10 minute read

Aetna's Proposed Sale to CVS a Boon to Big Law

Meghan Tribe | December 04, 2017

Davis Polk, Dechert, McDermott, Shearman & Sterling, Simpson Thacher and Weil, Gotshal & Manges have all snagged roles on CVS Health Corp.'s $69 billion mega-merger with U.S. insurance giant Aetna Inc.

44 minute read

Judge Weighs Uber's Obligations to Produce Controversial Letter in Waymo Battle

Caroline Spiezio | December 04, 2017

An Uber lawyer admitted that an email about the letter sat unread in his email inbox for months prior to the latest kerfuffle.

5 minute read

Morgan Lewis Picks Up Six More Health Care Lawyers in Houston

Brenda Sapino Jeffreys | December 04, 2017

Five of the six newly hired lawyers came from Baker & Hostetler.

52 minute read

O'Reilly, Fox Face Breach of Contract Claims Over Outing of Accuser

Colby Hamilton | December 04, 2017

A woman claims the cable news company and its former host breached their settlement agreement by making false, defamatory statements after a New York Times story identified her as one of Bill O'Reilly's harassment accusers.

3 minute read

Dismissal Over Counsel No-Show 'Extreme,' Second Circuit Finds

Colby Hamilton | December 04, 2017

The attorney had three conferences, in three separate counties, scheduled all in the same morning. After missing the conference in the relevant suit—not for the first time—the judge tossed the case.

3 minute read

Government Makes Manafort's Lawyer a Key Witness Against Him—Ho-hum?

Robert J. Anello | Richard F. Albert | December 04, 2017

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Mostly lost among the headlines regarding the first charges to be brought by Robert Mueller and the Special Counsel's Office investigating Russian interference in the 2016 U.S. election was the simultaneous release of a court opinion compelling one of Manafort's own lawyers to testify in the grand jury. A review of the decision and the indictment indicates that the lawyer is likely to be a key witness against Manafort and Gates at trial.

12 minute read

Justices Lean Toward Allowing Sports Betting in Clash Over State Sovereignty

Tony Mauro | December 04, 2017

New Jersey Gov. Chris Christie, who has fought for years to overturn the federal law, watched the argument from the front row of the Supreme Court bar section.

4 minute read

Daily Dicta: Excuse Me, John Dowd Did What?

Jenna Greene | December 04, 2017

The reaction to lawyers on Twitter to Dowd's admission that he wrote the president's damaging tweet was swift--and skeptical.

33 minute read

Sanctions Slugfest Between Star Litigators from Dechert, Gibson Dunn and Morgan Lewis

Jenna Greene | December 03, 2017

"I have never seen a group of lawyers so quick to threaten sanctions against other members of the bar," wrote Morgan Lewis & Bockius' Christopher Parlo of opposing counsel including Dechert's Andrew Levander and Randy Mastro of Gibson, Dunn & Crutcher.

6 minute read

Ex-Paul Weiss Lawyer Gets 5 Years for Child Porn

Brian Baxter | December 01, 2017

Jason Mark Sims, who pleaded guilty in September to distributing videos of child sexual abuse, was sentenced Friday to five years in federal prison and 10 years of supervised release.

4 minute read

SeaWorld Seeks Sanctions Against Covington in Suit Over Orca Claims

Ross Todd | December 01, 2017

SeaWorld is on the offensive against lawyers at Covington & Burling who have been pursuing a class action claiming customers were duped by false portrayals of the park's orcas being healthy and stimulated.

15 minute read

Defense Lawyer in Mueller Probe Rejects Suggestion of Conflict

C. Ryan Barber | December 01, 2017

A criminal defense lawyer representing a defendant in one of the cases brought by Special Counsel Robert Mueller's team pushed back Friday against the suggestion from prosecutors that his advocacy poses a possible conflict of interest.

5 minute read

Dewey Execs Near Deal to Resolve SEC Suit Following Firm's Collapse

Scott Flaherty | December 01, 2017

Former Dewey & LeBoeuf executives Stephen DiCarmine and Joel Sanders may be closing in on a deal to resolve securities claims related to a $150 million bond placement the firm secured before its 2012 collapse.

6 minute read

Bananas for Breakfast … And More Advice for SCOTUS Advocates

Tony Mauro | December 01, 2017

At a recent Harvard Law School panel discussion on appellate advocacy that included Chief Justice John Roberts Jr., Topic A was how to prepare for and survive oral argument at the U.S. Supreme Court.

5 minute read

Coyle's Cases to Watch: Masterpiece Cakeshop and NJ Sports Gambling

Mike Scarcella | December 01, 2017

Marcia Coyle, senior Washington correspondent, spotlights two cases set for argument the week of Dec. 4: the New Jersey sports betting case, and Masterpiece Cakeshop.

4 minute read

Shout-Out: Willkie Farr Puts the Brakes on $10B Suit Against Soros

Jenna Greene | December 01, 2017

A team from Willkie Farr & Gallagher led by litigation partners Joseph Baio, Elizabeth Bower and Benjamin McCallen succeeded in pausing a $10 billion suit against George Soros and the Open Society Foundation.

2 minute read

Michael Flynn, Cooperating with Investigators, Pleads Guilty in Mueller Probe

Cogan Schneier | C. Ryan Barber | December 01, 2017

The special counsel has charged the former national security adviser with "willfully and knowingly" making false statements to investigators looking into Russian interference in the 2016 election. Michael Flynn, represented by a Covington & Burling team, pleaded guilty Friday in Washington federal district court.

4 minute read

Litigator of the Week: A Nod for “Trustworthiness” in a Timely Win for Uber

Ross Todd | November 30, 2017

In what might best be termed a terrible, horrible, no good, very bad week for Uber Technologies Inc. and its outside lawyers, Michael Li-Ming Wong of Gibson, Dunn & Crutcher gave the company a sorely needed legal win.

5 minute read

Judge Tosses Legal Malpractice Suit Against Lowenstein Sandler

Christine Simmons | November 30, 2017

Steven Lisi had alleged that the firm failed to give him any advice about the tax treatment of his stock options.

8 minute read

Judge William Pryor Trashes Conservative Law Prof's Proposal to Pack Courts

Marcia Coyle | November 30, 2017

Federal appellate Judge William Pryor Jr., a favorite among conservatives for a seat on the U.S. Supreme Court, took to The New York Times op-ed pages to denounce a conservative law professor's controversial proposal urging Congress to quickly and greatly expand the federal courts.

5 minute read

Missouri Judge Upholds $110M Talc Verdict, Saying New Evidence Cleared Jurisdiction Hurdle

Amanda Bronstad | November 30, 2017

Wednesday's ruling gave a boost to plaintiffs lawyers suing Johnson & Johnson over its baby powder and Shower to Shower products, which they allege caused women to get ovarian cancer.

4 minute read

Orrick Partner, Trump Pick for US Attorney, Discloses $5.7M Income, Client List

Cheryl Miller | November 30, 2017

Orrick, Herrington & Sutcliffe partner McGregor Scott, nominated by President Donald Trump to serve a second stint as U.S. attorney in California's Eastern District, reported earning more than $5.7 million in partner distribution and bonuses, according to newly disclosed financial records.

4 minute read

Class Action Seeks More than $5 Million for Ritz-Carlton Menu Surcharge

Samantha Joseph | November 30, 2017

The complaint alleges the hotel illegally attaches an automatic 18-20 percent gratuity to every food and beverage purchase through its restaurants, mini-bars and room service.

3 minute read

Fifth Circuit Vacates $84 Million Class Action Award Against Online Travel Companies

John Council | November 30, 2017

The U.S. Court of Appeals for the Fifth Circuit has vacated an $84 million class action award won by 173 Texas cities who sued numerous online travel…

6 minute read

Sneak Peek at What's Next: A Briefing on Law, Technology and the Future

Ben Hancock | November 30, 2017

Reporter Ben Hancock peers around the corner at the courtroom clashes and policy choices that loom over emerging technologies like AI, digital currency and facial recognition.

5 minute read

SEC Moves to Block Challenges to In-House Judges After DOJ Abandons Earlier Litigation Stance

Marcia Coyle | November 30, 2017

U.S. securities officials, acting swiftly to conform to the U.S. Justice Department's new position in a pending case in the U.S. Supreme Court, on Thursday moved to foreclose new challenges to the lawfulness of the agency's five administrative law judges. The Justice Department now considers ALJs "officers" rather than mere employees of the agency.

5 minute read

Former Amazon Worker Seeks Class Certification in Overtime Suit

Erin Mulvaney | November 30, 2017

A former Amazon.com LLC shift manager who claims the online retailer denied him overtime pay is seeking class action status in California federal district court, an attempt to widen the scope of allegations that workers are unfairly enduring grueling “internet speed” conditions in the retail company's warehouses across the country.

4 minute read

The Tragic, Inexplicable Downfall of Jeffrey Wertkin

Jenna Greene | November 30, 2017

What happened to Jeffrey Wertkin, the former Akin Gump partner who tried to sell secret court documents for $310,000? What terrible error of judgment led him to this place?

5 minute read

Shout Out: A Pro Bono Win for MoFo in Texas Abortion Case

Jenna Greene | November 30, 2017

Working pro bono, a team from Morrison & Foerster last week helped secure a win in a case challenging abortion restrictions in Texas.

2 minute read

Patent Lawyers Score Win for Velcro in Rare Georgia Courtroom Drama

Katheryn Tucker | November 29, 2017

The winning legal team from Fish & Richardson said in a news release Wednesday that it was the first patent jury verdict in U.S. District Court for the Middle District of Georgia since 2001 and the first in the entire state since 2008.

3 minute read

Don Willett Helps Save Man From Choking in Austin Chick-fil-A

John Council | November 29, 2017

Texas Supreme Court Justice Don Willett has another skill in addition to Twitter and appellate decision writing — he knows the Heimlich maneuver…

2 minute read

Appeals Court Upholds ESPN Win in Video Privacy Suit

Ross Todd | November 29, 2017

Plaintiff Chad Eichenberger claimed ESPN violated the Video Privacy Protection Act by handing over his Roku device serial number and the identity of the videos he watched to Adobe Analytics.

6 minute read

Justices Fret Over Access to Cellphone Data in Key Privacy Case

Tony Mauro | November 29, 2017

Several justices seemed troubled by the government's view that cell-site location records, like other business records, should be obtainable in criminal investigations without a warrant.

7 minute read

Jones Day Is Back to Hiring SCOTUS Clerks by the Bushel

Tony Mauro | November 29, 2017

With the addition of five former U.S. Supreme Court clerks from last term's "class,” Jones Day has now hired 36 ex-SCOTUS clerks in the last five years. Think that's over-saturation? Beth Heifetz, who chairs the firm's appellate practice, says they'd be happy to hire more.

21 minute read

Don't Call It the 'Rosenstein Memo,' but DOJ Just Revised Its FCPA Guidance. Here's What to Know.

C. Ryan Barber | November 29, 2017

Five things to know about new guidance from the U.S. Department of Justice on enforcement of the Foreign Corrupt Practices Act.

11 minute read

Matt Lauer's Accuser Has a Veteran Washington Civil Rights Lawyer on Her Side

Erin Mulvaney | November 29, 2017

Meet Ari Wilkenfeld, a longtime civil rights and employment lawyer in Washington, who's representing the woman who brought sexual misconduct claims this week against NBC "Today" show host Matt Lauer.

5 minute read

Update

Former Akin Partner Facing Prison Time for Scheme to Sell Sealed Whistleblower Suits

Ross Todd | November 29, 2017

Former DOJ lawyer Jeffrey Wertkin pleaded guilty Wednesday afternoon in a case where he's accused of attempting to sell sealed whistleblower lawsuits to targeted companies.

3 minute read

For Neal Katyal, a Bittersweet Milestone

Jenna Greene | November 29, 2017

Bittersweet. That's how Hogan Lovells partner Neal Katyal describes breaking Thurgood Marshall's record, set in 1967, as the minority lawyer with the most oral arguments before the U.S. Supreme Court.

5 minute read

Relatives of Nine Killed in Church Shooting File Wrongful Death Claims Against US Air Force

Brenda Sapino Jeffreys | November 28, 2017

Joe and Claryce Holcombe, who lost their son and eight other family members in the deadly shooting at First Baptist Church of Sutherland Springs, Texas, have filed claims against the U.S. government.

7 minute read

JPMorgan Initiative Aims to Boost Women's Roles on Litigation Teams

Miriam Rozen | November 28, 2017

The bank wants at least 50 percent women or lawyers from other underrepresented demographic groups in leadership positions on its litigation matters, as well as among its chosen arbitrators.

5 minute read

DOJ's Antitrust Allegations 'Wholly Without Merit,' AT&T Tells Court

Cogan Schneier | November 28, 2017

The telecommunications giant pushed back Tuesday against the Justice Department's antitrust lawsuit.

4 minute read

Judge Upholds Trump's Designation of Mick Mulvaney as Acting CFPB Head

C. Ryan Barber | November 28, 2017

A federal judge on Tuesday refused to undo the Trump administration's designation of Mick Mulvaney as the interim leader of the Consumer Financial Protection Bureau, rejecting an argument that the White House unlawfully sidestepped the appointment of another lawyer from within the Obama-era agency.

6 minute read

'Natural' Litigation and Rising Judicial Skepticism

Charles Sipos | Mica Simpson | November 28, 2017

Scattered among the dictionary definitions for “natural,” one reads: “formulated by human reason alone rather than revelation.” This definition…

5 minute read

It's 'Gibberish'! Justices Throw Up Their Hands in Dispute Over State Securities Class Actions

Tony Mauro | November 28, 2017

The U.S. Supreme Court on Tuesday seemed to agree on one aspect of a 1998 statute aimed at reforming securities litigation: It's all gibberish. An exasperated Justice Samuel Alito Jr. used the word "gibberish" three times during arguments in Cyan v. Beaver County Employees Retirement Fund. The California case asks the high court to interpret the language of the Securities Litigation Uniform Standards Act regarding state jurisdiction over securities class actions.

4 minute read

Daily Dicta: The Paralegal and the Prince

Jenna Greene | November 28, 2017

Good morning! I'm Lit Daily editor Jenna Greene here with your Daily Dicta. You can reach me at [email protected] or find me on Twitter: @jgreenejenna.There…

24 minute read

Update

In Contentious Pretrial Hearing, Judge Alsup Slams Uber Over Secretive Data Practices, Delays Trial

Ross Todd | Caroline Spiezio | November 28, 2017

Judge William Alsup told Uber's legal team he can't trust what they say because they've "lied so many times."

7 minute read

Pregerson, Liberal Judge of 'Conscience' on the Ninth Circuit, Dead at 94

Ross Todd | November 27, 2017

When asked about congressional intent during his Senate confirmation hearing in 1979, Harry Pregerson famously replied he would “try and find a way to follow my conscience and do what I perceived to be right and just.”

5 minute read

Justice Department, in Court, Argues Mick Mulvaney Is 'Proper' Interim CFPB Leader

C. Ryan Barber | November 27, 2017

Main Justice says in a court filing: "The confusion that presently exists surrounding the CFPB's acting directorship stems from plaintiff's meritless claims. The president, OLC, and the CFPB's general counsel all agree that Mulvaney is the acting director of the CFPB, and Acting Director Mulvaney has begun work at the agency."

6 minute read

NFL Class Counsel's Ties to Third-Party Litigation Funder Raise Questions

Max Mitchell | November 27, 2017

A lead attorney in the NFL concussion settlement has been very critical of numerous third-party litigation funding companies that have loaned money to retired players involved in the class action, but it is his alleged failure to publicly disclose his history with another litigation funding company that has raised some eyebrows recently.

7 minute read

The EEOC Got What It Wanted in First Suit Alleging Sexual Orientation Discrimination

Erin Mulvaney | November 27, 2017

A Pennsylvania federal judge this month, ruling for the U.S. Equal Employment Opportunity Commission, awarded $55,500 in damages and other relief to a private employee who claimed he was discriminated against because he is gay. The case was a test for the agency as it pushes for such protections to be recognized under federal civil rights laws.

5 minute read

Bonus Season Begins as Cravath Again Sets the Stage

Christine Simmons | November 27, 2017

Cravath, Swaine & Moore on Monday announced end-of-year bonuses that match last year's scale. Paul Weiss and Milbank were among the first to fall in line.

3 minute read

Supreme Court Doesn't Sound Ready to Kill Off PTAB

Scott Graham | November 27, 2017

There was no clear majority Monday signaling the death of inter partes review—the administrative procedure for reviewing patent validity created by the 2011 America Invents Act.

9 minute read

Schultz Leaves White House, Returns to Cozen O'Connor

Lizzy McLellan | November 27, 2017

Jim Schultz has returned to private practice after nearly one year serving the Trump administration.

3 minute read

How a Few Savvy Law Firms Turned E-Discovery Into a Cash Cow

Gina Passarella Cipriani | November 27, 2017

They embraced work that many saw as commoditized and low-margin. What are the implications for law firm innovation?

14 minute read

Daily Dicta: Who's the Boss at CFPB | Perils of Autofill | Law Firm Shakedown

Jenna Greene | November 27, 2017

When 1,600 workers at the Consumer Financial Protection Bureau show up for work on Monday, they won't know who is actually in charge.

24 minute read

Goodwin Procter Grabs Anthony Alexis, Formerly CFPB's Enforcement Chief

C. Ryan Barber | November 27, 2017

Anthony Alexis, the former enforcement director of the Consumer Financial Protection Bureau, is joining Goodwin Procter, where he will lead the firm's consumer financial services enforcement practice as a partner. Goodwin Procter was among several firms that recently had expressed interest in hiring a top official from the Obama-era agency, whose leadership was thrown into tumult over the weekend. Two acting directors of the agency, replacing Richard Cordray, have assumed power.

5 minute read

The Crucial Decision: Mediate or Litigate? A Former Judge's Perspective

Larry S. Schachner | November 27, 2017

Larry S. Schachner writes: In most instances, deciding to mediate or litigate is a key moment in the life of a case.

6 minute read

CFPB's Deputy Director Sues Trump to Shut Out Pick for Interim Leader

C. Ryan Barber | November 26, 2017

A top Consumer Financial Protection Bureau official on Sunday night sued the Trump administration to block the appointment of Mick Mulvaney as the temporary director of the independent agency. The lawsuit forces a judge to confront a clash over who should rightfully lead the agency as the White House looks to nominate a permanent replacement for Richard Cordray.

5 minute read

Who's Leading the CFPB? Trump Tees Up Clash Over Acting Director

C. Ryan Barber | November 24, 2017

Richard Cordray named Leandra English, the Consumer Financial Protection Bureau's chief of staff, as deputy director—putting her in place to become acting director. The White House moved to block the appointment, naming Mick Mulvaney, director of OMB, as the leader of the Obama-era agency.

4 minute read

Former ALJ Claiming Co-Worker Harassed Her With Sex Toy Can Move Ahead With Discrimination Suit

Jason Grant | November 22, 2017

In a nearly full reversal of a 2015 lower court ruling, an appeals panel has ruled that Susan Kassapian, a principal administrative law judge from 2009-13, stated several claims that should survive the city's motion to dismiss.

7 minute read

Judge Appoints Team to Lead Federal Hurricane Harvey Flood Suits

Brenda Sapino Jeffreys | November 22, 2017

Houston property owners who suffered flood damage have brought "takings" claims against the government.

8 minute read

Court Revives Claims Against Cosby's Lawyer in Accuser's Defamation Suit

Lizzy McLellan | November 22, 2017

A California state appellate court revived supermodel Janice Dickinson's defamation claims against Bill Cosby's lawyer, Martin Singer, who called Dickinson's rape allegations a lie.

8 minute read

Future of Patent Litigation Hangs in the Balance: What to Watch For at Oil States Arguments

Scott Graham | November 22, 2017

On Monday morning, the U.S. Supreme Court will consider two cases that could upend or significantly reshape inter partes review.

5 minute read

Eric Mahr, DOJ Antitrust Litigation Chief, Departs Agency

Cogan Schneier | November 22, 2017

Director of Litigation Eric Mahr said his departure was planned in advance, and has nothing to do with recent events at the Antitrust Division.

11 minute read

Daily Dicta: How Sick-as-a-Dog Abbe Lowell Powered Through Menendez Closing

Jenna Greene | November 22, 2017

Good morning and welcome to the new Litigation Daily—I'm editor Jenna Greene, here with your Daily Dicta. As always you can reach me at [email protected] or…

8 minute read

How a $20M Wrongful Death Case Ended in a Defense Win

Katheryn Tucker | November 22, 2017

To understand why, think about that flashing orange hand that lights up when the time to walk is ending.

8 minute read

Uber In-House Attorney Out Behind Massive Cyberattack That Went Undisclosed

Stephanie Forshee | Jennifer Williams-Alvarez | November 21, 2017

The company failed to notify 57 million users of a breach in October 2016. Two employees tasked with handling the response process have left the company, including Uber in-house attorney Craig Clark, who reported to the company's chief security officer.

10 minute read

What Major Companies Told the FCC in the Run-Up to Repealing 'Net Neutrality'

C. Ryan Barber | November 21, 2017

Here's a snapshot of what some of the biggest U.S. law firms—on behalf of their clients—told the FCC in recent months.

8 minute read

Ninth Circuit Upholds Yelp Win in Bogus Review Case

Ross Todd | November 21, 2017

Investors had accused the online review site of propping up its earnings by coercing businesses into buying ads to get fake negative reviews removed.

11 minute read

Sally Yates and Friends Urge 11th Circuit to End Calhoun's Money Bail

Katheryn Tucker | November 21, 2017

“A bail system that indiscriminately jails indigent individuals charged with misdemeanors based solely on their economic status while immediately releasing those who can afford to post a bond is inconsistent with our country's promise of equal justice,” Yates said.

4 minute read

Alleged Hacker Who Stole 'Game of Thrones,' Other HBO Shows Indicted

Colby Hamilton | November 21, 2017

According to prosecutors, the Iranian national formerly worked for the military before hacking HBO's network, and then attempting to ransom the company' shows and information for $6 million.

2 minute read

The US Justice Department Retreated From a Transgender Professor's Case. She Still Won.

Erin Mulvaney | November 21, 2017

The nearly $1.2 million jury verdict Monday for a transgender professor in Oklahoma followed a years-long battle in which the U.S. Department of Justice—at once a plaintiff in the case—retreated from the dispute in the Trump administration, highlighting the increasingly complex landscape for gender identity discrimination complaints.

5 minute read

Daily Dicta: Small and Scrappy, This Firm Is Sanctions-Happy

Jenna Greene | November 21, 2017

“A lot of people don't have warm and fuzzy feelings about me,” said Steven Shore, the managing partner at Ganfer & Shore in Manhattan.

7 minute read

Judge Who Handled Comcast-NBC Merger Assigned To AT&T-Time Warner Lawsuit

Cogan Schneier | November 21, 2017

U.S. District Senior Judge Richard Leon of the District of Columbia was assigned the case Tuesday.

11 minute read

DOJ Moves to Block AT&T's Merger With Time Warner

Cogan Schneier | November 20, 2017

The lawsuit ends weeks of speculation over whether the DOJ would challenge the deal.

13 minute read

Google Calls Ex-Female Employees' Pay-Equity Lawsuit 'Vague' and 'Sparse'

Erin Mulvaney | November 20, 2017

Lawyers for Google Inc. argue a class action that accuses the company of pay discrimination casts too wide a net with overbroad claims of alleged gender inequities and unfair promotion opportunities for women.

5 minute read

Expert Opinion

How Marketable Is a Junior Law Firm Partner With No Book of Business?

Julie Brush | November 20, 2017

I'm a junior litigation partner at a mid-sized law firm. I have great credentials and trial experience, but no portable book of business. Will I be able to “upgrade” to a big firm as a partner?

8 minute read

Judge Says Reed Smith Can't Sue for $7M Slice of SAC Capital Fees

Christine Simmons | November 20, 2017

A Manhattan federal judge ruled that Reed Smith can't sue former co-counsel Wohl & Fruchter in state court for a chunk of class action attorney fees.

5 minute read

Mueller's Team Raises Questions About Possible Defense Conflicts

C. Ryan Barber | November 20, 2017

Special Counsel Robert Mueller III's team raised concerns Monday that a defense lawyer for Rick Gates, a former business partner of Paul Manafort, could have a conflict of interest that prevents him from participating in the money laundering case against the two men in Washington federal court.

4 minute read

Daily Dicta: Daniel Petrocelli's Very Good Week

Jenna Greene | November 20, 2017

Here's a clear sign that AT&T and Time Warner aren't backing down in the face of Justice Department resistance to their merger.

18 minute read

Defendants Accelerate Efforts to Boot Infringement Suits Out of Delaware

Tom McParland | November 20, 2017

A review of Delaware's federal docket has shown that defendants in patent infringement cases are increasingly citing Delaware's judicial vacancies in support of motions to transfer the cases out of the district after a visiting judge first raised the issue two months ago.

6 minute read

Anatomy of a Closing: How O'Melveny's Petrocelli Framed Winning Argument in Risperdal Bellwether

Jenna Greene | November 19, 2017

In the first bellwether trial in California over the anti-psychotic Risperdal, it took a Los Angeles Superior Court jury less than two hours to find for the drugmakers. What did lead lawyer Daniel Petrocelli say to them at closing?

5 minute read

Fee Tracker: Sex Scandals See Private School Legal Bills Rise

Brian Baxter | November 17, 2017

A look at some of the notable legal fees behind clients in the news.

14 minute read

'Lighten Up' Says Ohio Supreme Court Justice Who Bragged of Sex With 50 Women

David Bario | November 17, 2017

Bipartisan reaction was swift after Ohio Supreme Court Justice William O'Neill said he'd been "sexually intimate with approximately 50 very attractive females" and defended Sen. Al Franken, Roy Moore and "heterosexual males" in general.

4 minute read

Trump's Supreme Court Wish List Grows By Five Judges

Cogan Schneier | Tony Mauro | November 17, 2017

The White House announced five new additions Friday to its list of potential nominees to the U.S. Supreme Court, though no justice has announced retirement. The new names came in a press release that coincided with the annual conference of the Federalist Society, which has played a pivotal role in fashioning Trump's list of potential nominees.

8 minute read

Florida Company Sues Baker McKenzie for Malpractice

Monika Mesa | November 17, 2017

Baker McKenzie has filed a motion to dismiss the case and released a statement Friday stating that the suit had no merit. The firm declined to comment further.

4 minute read

Citing 'Rule of Law,' Jeff Sessions Brings Changes to DOJ Guidance Policy

Cogan Schneier | November 17, 2017

The attorney general made the announcement in a speech Friday at the Federalist Society's annual conference in Washington.

3 minute read

PricewaterhouseCoopers Can't Keep Secret Would-Be Class Size in Age Discrimination Suit

Erin Mulvaney | November 17, 2017

A federal magistrate judge has denied an effort by PricewaterhouseCoopers to seal the number of would-be class members in an age discrimination suit that claims the accounting and consulting firm unlawfully struck older job applicants from employment consideration. The plaintiff's attorneys estimated that some 14,000 potential job applicants over age 40 could be part of the affected class.

4 minute read

Venable Accused of Helping to Destroy Evidence

Robert Storace | November 17, 2017

The law firm Venable has been accused of willfully taking part in the destruction of evidence in a trade secrets case.

4 minute read

Litigators of the Week: Standing Your Ground in the EDTX

Ben Hancock | November 16, 2017

Hewlett Packard Enterprise Co. might have looked a bit foolhardy in defending a patent case over technology that other mega-companies had decided to license. But against the odds, HPE's three-firm trial team secured a knockout win.

12 minute read

Judge Tosses Bulk of Male Managers' Yahoo Gender Discrimination Lawsuit

Ross Todd | November 16, 2017

A federal judge in San Jose has knocked most of the gender discrimination claims brought by two men who used to be editors for Yahoo's website.

9 minute read

McDermott Can't Shake Ex-Client's Legal Malpractice Case

Christine Simmons | November 16, 2017

A federal judge trimmed part of a nine-month-old case against McDermott Will & Emery but refused to dismiss a legal malpractice claim.

13 minute read

No Cancellation: Fox's Use of 'Empire' Gets Ninth Circuit Approval

Michael Booth | November 16, 2017

Fox Broadcasting will not have to change the name of its hit show "Empire," even though it shares a name with a long-established record company, a federal appeals court ruled on Thursday.

3 minute read

Jury Returns $247M Verdict Against DePuy in Case Over Hip Implant Defect

Amanda Bronstad | November 16, 2017

Johnson & Johnson got hit with a $247 million verdict on Thursday in the fourth bellwether trial over its hip implants.A federal jury in Dallas…

4 minute read

J&J Gains Defense Verdict in First Trial Linking Talc Product to Mesothelioma

Amanda Bronstad | November 16, 2017

A California jury has sided with Johnson & Johnson in the first trial over whether its iconic baby powder caused a woman to get mesothelioma.

27 minute read

How Not to Write a Demand Letter, Roy Moore-Style

Jenna Greene | November 15, 2017

There is sloppy legal writing. There is bad legal writing. And then there's the three-page demand letter that Roy Moore's lawyer Trenton R. Garmon sent to Alabama Media Group on Tuesday.

6 minute read

Federal Circuit Sends Muddy Message on 'TC Heartland' Venue Waivers

Scott Graham | November 15, 2017

Companies that failed to challenge venue prior to TC Heartland haven't waived that right, the Federal Circuit ruled. But the court said district judges retain the inherent power to manage their dockets.

4 minute read

Weinstein, Miramax, TWC Face RICO Suit Calling Them 'The Weinstein Sexual Enterprise'

Ross Todd | November 15, 2017

Lawyers at Hagens Berman Sobol Shapiro and The Armenta Law Firm filed a federal racketeering class action against Harvey Weinstein, The Weinstein Co. and Miramax Wednesday alleging they conspired “to facilitate and conceal [Weinstein's] pattern of unwanted sexual conduct.”

3 minute read

Kirkland Partner, Trump Pick for Top Labor Lawyer, Calls Arbitration Reach 'Problematic'

Erin Mulvaney | November 15, 2017

Kirkland & Ellis partner Kate O'Scannlain, facing questions about workplace sexual harassment at her confirmation hearing Wednesday for a U.S. Labor Department post, vowed to study how the broad use of arbitration clauses in employee contracts can unfairly silence victims.

4 minute read

Here Are Big Pharma's Go-To Law Firms for Opioid Marketing Defense

Kristen Rasmussen | November 15, 2017

ALM takes a look at which law firms the pharmaceutical industry is turning to for representation in this nationwide spate of opioid marketing litigation.

4 minute read

David Boies' Weinstein Work May Hamper Role in Campaign Finance Fight

Miriam Rozen | November 15, 2017

Some officials in St. Petersburg, Florida, are rejecting Boies' involvement in a potential case that could challenge Citizens United.

8 minute read

Orrick's Hermle Hits Back at Nasty Depiction in Ellen Pao's New Book

Jenna Greene | November 14, 2017

That Ellen Pao has nothing nice to say in her new book “Reset” about Orrick, Herrington & Sutcliffe litigator Lynne Hermle is not surprising. Turns out, Hermle doesn't have a lot of nice things to say about Pao either.

8 minute read

Plaintiffs Aim to Salvage Class Action Against Milberg After SCOTUS Ruling

Amanda Bronstad | November 14, 2017

Plaintiffs lawyers are asking an appeals court to reinstate certification of their class-action legal malpractice lawsuit against Milberg and its lawyers, insisting that a U.S. Supreme Court decision earlier this year didn't derail their case.

20 minute read

Kushner Business Hit With Class Action Alleging Rent Overcharges

Andrew Denney | November 14, 2017

Kushner Cos. has been hit with another lawsuit regarding Jared Kushner's conduct as a landlord, this time accusing him of charging market-rate rents to tenants of an apartment building in Brooklyn that was supposed to be rent-stabilized.

3 minute read

Just the Hits: What You Need to Know About AG Sessions House Hearing

Cogan Schneier | November 14, 2017

The attorney general testified Tuesday before the House Judiciary Committee on a range of issues.

14 minute read

Jury Won't Hear About Allegations of Witness Tampering in High-Stakes Dallas Hip Implant Trial

Brenda Sapino Jeffreys | November 14, 2017

U.S. District Judge Ed Kinkeade questioned a lawyer for defendant DePuy Orthopaedics and a company sales rep before issuing his finding that the jury would not hear about the witness tampering allegations.

6 minute read

Dallas Prosecutor Fired After Alleged Rant Against Uber Driver

John Council | November 14, 2017

A Dallas prosecutor has been fired from her job after she allegedly became belligerent with an Uber driver, hit him after he got lost, and threatened…

6 minute read

Weil Gotshal Converts High Court Win Into Zero Damages for Biotech Client

Scott Graham | November 13, 2017

The Federal Circuit handed a win Monday to Weil partner Edward Reines in a case where his client conceded infringing a DNA-testing patent.

3 minute read

Is He Dishonest or an Imbecile? Take Your Pick to Explain Brett Talley's Disclosure Form

Jenna Greene | November 13, 2017

In the Trump administration, disclosure is for suckers. Just ask the nominee for the Middle District of Alabama, who neglected to mention that his wife is a senior White House lawyer.

12 minute read

Judges Trim Edges Around Qualcomm Antitrust Suits

Scott Graham | November 13, 2017

Separate rulings from judges in Northern and Southern California pare back peripheral claims but leave intact the crux of consumer antitrust suits and Apple Inc.'s patent licensing battle.

4 minute read

Trump's Tweets Are 'Official Statements,' Feds Tell Court

Cogan Schneier | November 13, 2017

Lawyers for the Justice Department told a federal judge in Washington, D.C., on Monday that the government treats President Donald Trump's tweets as "official statements."

3 minute read

Ex-Foley & Lardner Partner Admits to Insider Trading Conspiracy

Scott Flaherty | November 13, 2017

Walter "Chet" Little has entered a guilty plea to a securities fraud conspiracy charge and faces a maximum prison sentence of five years and a fine of up to $250,000.

23 minute read

David Boies and the Pitfalls of Legal Stardom

Scott Flaherty | November 13, 2017

David Boies' ties to Harvey Weinstein have blemished his otherwise stellar legal reputation. Does that mean his firm will be scarred?

5 minute read

What's Wrong With the DOJ Stance on AT&T/ Time Warner Merger

Jenna Greene | November 10, 2017

It strains credibility to believe that team Trump, so overwhelmingly anti-regulatory in every other way, is embracing aggressive antitrust enforcement out of sincere conviction.

12 minute read

Trial-Watchers Expect Just a Few More Days of Deliberations for Menendez Jury

Charles Toutant | November 10, 2017

Seasoned trial-watchers who spoke to the New Jersey Law Journal said they expect to see a verdict in the corruption trial of U.S. Sen. Bob Menendez,…

6 minute read

First IVC Filter Medical Implant Trial Ends in Defense Verdict

Amanda Bronstad | November 10, 2017

Plaintiffs who brought thousands of lawsuits over IVC, or inferior vena cava, filters got off to a rough start on Thursday when a federal jury came out with a defense verdict in the first trial over the medical implants.

15 minute read

Court: Travelers Insurance Doesn't Have to Pay Defense Fees for Opioid Manufacturer

Robert Storace | November 10, 2017

In a 3-0 California Court of Appeal ruling, Travelers gets off the hook in having to defend Watson Pharmaceuticals, an opioid manufacturer, with whom it had an insurance policy.

4 minute read

Woman Allegedly Fired Over Having a Period at Work Settles

Katheryn Tucker | November 10, 2017

Alicia Coleman, had been employed through a job training and employment agency in Fort Benning, Georgia as a 911 operator, a job she had held for nearly a decade. She alleged that she was terminated in 2016 after her period came on unexpectedly while at work

4 minute read

Litigators of the Week: Kirkland Duo Delivers Big for Honeywell

Cogan Schneier | November 09, 2017

Even the judge said the case law was "a mess." But Kirkland & Ellis partners K. Winn Allen and Craig Primis found a way to deliver a big win on appeal for Honeywell.

5 minute read

Five Things Makan Delrahim Has Said About Antitrust Policy

Cogan Schneier | November 09, 2017

The Justice Department's antitrust chief is facing questions about his independence amid reports that the DOJ could force AT&T to sell CNN when and if its deal with Time Warner is approved.

4 minute read

Ex-Staffers Sue Dechert Alleging Age, Sex Bias

Lizzy McLellan | November 09, 2017

The two plaintiffs allege sexist and ageist remarks in the payroll department before they were fired.

3 minute read

Ex-Partners in Sex Bias Suit Can Review Chadbourne Leaders' Personal Emails

Scott Flaherty | November 09, 2017

Resolving a discovery dispute in a $100 million gender discrimination case against Chadbourne & Parke, a magistrate judge allowed review of certain firm leaders' personal email accounts.

3 minute read

Justice Dept., Flayed by Judge, Abandons Fraud Case Against Nursing Home Operator

C. Ryan Barber | November 09, 2017

The U.S. Justice Department on Wednesday moved to abandon fraud allegations against HCR ManorCare Inc., a leading national provider of nursing homes, after a judge struck a key witness and scolded prosecutors for bringing a case she described as a "waste of money."

4 minute read

Justice Department Faces Questions for Supreme Court Attack on ACLU Ethics

Marcia Coyle | November 09, 2017

The U.S. Justice Department's request that the Supreme Court consider sanctions against lawyers who advocated for an immigrant teenager at the center of an abortion case has raised questions about the government's motivation and threatened to jeopardize the reputation of the solicitor's office before the justices. Former Justice Department attorneys called the government's action in the Supreme Court “extraordinary” and said they had no memory of a similar Supreme Court petition.

12 minute read