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Analysis

Despite 'Anti-Woke' Political Pushback in the US, Big Companies See ESG Risk on the Horizon

In Baker McKenzie's annual survey of 600 senior legal and risk professionals from companies with more than $500 million in revenue based in the U.K., the U.S., Singapore and Brazil, 73% cited ESG disputes as a risk to their organization—by far the most commonly cited.
4 minute read

Report: Last Year's Uptick in Litigation Demand—a 15-Year High—Was Especially Felt in Midsize Shops

Demand was up 3.2% in litigation according to the latest report from Thomson Reuters and Georgetown Law. But demand rose 4.4% year-over-year among midsize firms, compared to just 2.4% for Am Law 100 firms and 2.5% for Second Hundred firms.
5 minute read
Analysis

3 Use Cases for AI in Litigation Finance

David Perla, the co-chief operating officer of Burford Capital, outlines where he sees artificial intelligence helping the litigation finance firm make more and better investments.
5 minute read
Q&A

Litigation Leaders: Terri Mascherin of Jenner & Block on Advantages and Challenges of Being By Far the Firm's Largest Practice

"A challenge of our structure is that, given its size, our litigation department must first and foremost be its own profit center, bringing in clients for litigation matters," says Mascherin, one of four co-chairs of the practice that makes up more than 80% of firm headcount and revenues.
10 minute read
Q&A

Litigator of the Week: After Years Repping Prenatal Testing Client, First-Time First Chair Lands a $57M Patent Damages Verdict

Since 2020, Desmarais LLP partner Kerri-Ann Limbeek has represented prenatal testing client Ravgen in eight patent cases in district court and at the Patent Trial and Appeal Board. This week, in her first time as lead counsel at trial, she won a $57 million infringement verdict for the company.
7 minute read
Quick Takes

Litigator of the Week Runners-Up and Shout Outs

Litigators from Haynes and Boone and Skadden take home runners-up honors this week.
5 minute read
Conversation

How Defending Law Firms Shaped This Trial Lawyer's Approach

Bethany Kristovich, co-chair of the professional liability defense group at Munger, Tolles & Olson, says the litigation exposure facing law firms is growing.
9 minute read
Analysis

Cybersecurity Is Top-of-Mind for In-House Disputes Lawyers in 2024

Norton Rose Fulbright's annual survey of more than 400 in-house litigation leaders based in the U.S. and Canada found that evolving risks and regulations around technology have made cybersecurity a dominant concern when it comes to risk and potential disputes.
5 minute read
Analysis

Seeking In-House Perspectives on Litigation

Last year in-house litigators from five companies shared lessons learned from their professional journeys and insights about hiring decisions. We want to hear from more of them.
7 minute read
Webcast

The State of Contracts For Law Firms: Making the Case for Contract Automation in 2024

This webcast will unpack the most common challenges firms face in implementing new technology—like employee onboarding and proving value—and show you strategies to overcome them.
2 minute read
Q&A

Litigators of the Week: A $100M Settlement for Family of Man Killed in Grand Canyon Helicopter Crash

Gary Robb, Anita Porte Robb and Brittany Sanders Robb of Robb & Robb secured the settlement for the family of Jonathan Udall, a British tourist who was among five people who died, including his wife, after a helicopter crashed and caught fire in the Grand Canyon in 2018.
9 minute read
Quick Takes

Litigator of the Week Runners-Up and Shout Outs

Runners-up this week include litigators from Quinn Emanuel, Sidley Austin, and Skadden.
5 minute read
Webcast

The Value of ALSPs for Optimum Results and Maximum Efficiency in a Dynamic eDiscovery Landscape

Join industry experts as they unravel the evolving significance of ALSPs, moving beyond conventional notions of cost efficiency and scalability.
4 minute read
Analysis

'Never Seen Anything Quite Like This': Duane Morris Report Sees a Surge in Class Action Settlements

Gerald "Jerry" Maatman Jr., chair of the firm's class action defense group, discusses its deep dive into more than 1,300 cases from last year.
4 minute read
Q&A

What Prompted a Leading E-Discovery Lawyer to Swap Sides of the 'V'

E-discovery expert Benjamin Barnett moved from Dechert to plaintiffs firm Seeger Weiss at the turn of the year.
9 minute read
Conversation

Factoring Risk Into Fixed-Fee Arrangements

We pick up on our conversation with J.Y. Miller and Joe Kilpatrick of Husch Blackwell about their fixed-fee approach as national coordinating counsel in mass torts cases to ask how they handle instances where there's not much of a track record, or where trial is a possibility.
9 minute read
Conversation

The Legwork Behind Building a Nationwide Fixed-Fee Practice

J.Y. Miller and Joe Kilpatrick of Husch Blackwell discuss how certain moves by the firm—including moving away from billable hours-based bonuses—opened the door to more innovative pricing models.
7 minute read
Q&A

Litigators of the Week: Zuckerman Spaeder Gets a Post-Trial Acquittal for Doctor Accused of Fraudulent Billing for COVID Tests

Just before Christmas, a federal judge in Maryland granted an acquittal motion filed by Gregg Bernstein, Marty Himeles and Samantha Miller of Zuckerman Spaeder, overturning the healthcare fraud conviction of their client, Dr. Ron Elfenbein.
9 minute read
Quick Takes

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

Thompson Hine, Akin, Freshfields, Gibson Dunn, Damon Key Leong Kupchak Hastert, Paul Weiss, Bartlit Beck and Squire Patton Boggs all take home runners-up honors this week.
7 minute read
Expert Opinion

The Rise of the Era of Trade Secret Litigation

Ching-Lee Fukuda, Aimee Fagan and Irene Yang, the co-leaders of the IP litigation practice at Sidley Austin, write that the current landscape for patent litigation likely makes trade secret enforcement an attractive avenue for companies looking to protect their intellectual property.
9 minute read
Analysis

A Litigation Look Ahead: What to Expect From 2024

Technology is where the money is. So, naturally, it's where the disputes will likely be.
5 minute read
Q&A

Litigation Leaders: Lynn Neuner of Simpson Thacher on the Enduring Value of Being a Generalist

"I've always loved being a student, so I enjoy the chance to educate myself about new fields. The clients appreciate that I bring a broad spectrum of skills to the table."
12 minute read
Q&A

Litigators of the Week: Holding Rudy Giuliani Accountable for Defaming Georgia Election Workers

Willkie Farr & Gallagher partners Michael Gottlieb and Meryl Governski, Von Dubose of DuBose Miller and John Langford of Protect Democracy led a trial team that showed how the lives of Ruby Freeman and Shaye Moss were turned upside down by Giuliani's lies and won a $148 million verdict.
16 minute read
Quick Takes

One Last Batch of Litigator of the Week Runners-Up for 2023

We're done shouting for the year, so everybody gets a runner-up spot this week.
7 minute read
Quick Takes

Encore! One Last Look at 2023's Litigators of the Week

With one more LOTW set to be named tomorrow, a familiar firm has already clinched the most top spots for the year.
16 minute read

Taking the Temperature of Litigation Leaders in 2023

Here's one last visit with the 16 leaders of Big Law litigation practices and elite boutiques we queried this year as part of our Litigation Leaders Q&A series.
11 minute read
Best Practices

Helping a Witness Prepare for Deposition or Trial Testimony Without Coming Off Over-Prepared

Miami criminal defense lawyer Prya Murad and career Illinois prosecutor William Elward discussed the nuts and bolts of witness preparation last week in a session sponsored by NITA.
4 minute read
Q&A

Litigators of the Week: Cravath and Fortnite Maker Hit Google With Antitrust Jury Verdict in App Store Fight

Representing Epic Games, Gary Bornstein, Yonatan Even and Lauren Moskowitz of Cravath, Swaine & Moore convinced federal jurors in San Francisco that Google has an illegal monopoly on Android app distribution and in-app payments.
7 minute read
Quick Takes

Litigator of the Week Runners-Up and Shout Outs

Runners-up this week range from eight-figure plaintiff-side win in a retaliation case to the reversal of a nine-digit asbestos verdict.
4 minute read
Best Practices

5 Oral Argument Tips From Judicial Guests of The Portia Project Podcast

Appellate lawyer M.C. Sungaila, creator and host of the Portia Project podcast, has interviewed nearly 100 women judges about their careers. In the second of two guest columns, she shares what her guests expect out of oral argument.
6 minute read
Analysis

What the Litigation Daily Is Watching Out for in 2024

Last year we were on point when we said to keep your eyes on mass torts and bankruptcy. Here's where we're focusing our gaze for the year to come.
5 minute read
Expert Opinion

Brief Writing Tips From the Judicial Guests of The Portia Project Podcast

Appellate lawyer M.C. Sungaila, creator and host of the Portia Project podcast, has interviewed nearly 100 women judges about their careers. In today's guest column, she shares the types of advocacy her guests find effective and helpful in their decision-making.
7 minute read
News

MoloLamken to Offer Advocacy Skills Academy for Rising 3Ls

The trial boutique, which doesn't have a summer associate program and only hires former clerks, plans to offer one week of advocacy skills training (and $4,500 cash!) to 12 law students this August.
5 minute read
Q&A

Litigators of the Week: Covington and DWT Push Back Against States' Legal Challenges to TikTok

A judge in Indiana last week knocked out the state attorney general's lawsuits alleging child safety and privacy concerns on the platform. A day later a federal judge in Montana held the state's TikTok ban likely violates the First Amendment.
9 minute read
Quick Takes

Litigators of the Week Runners-Up and Shout Outs

Runners-up this week include cases dealing with everything from biometric privacy to presidential immunity.
5 minute read
Analysis

Why Elite Trial Firms Compete in the Associate Salary and Bonus Game

A whole host of trial-centric firms have met or exceeded the Big Law scale set by Cravath, Swaine & Moore. Here's a look at how and why.
4 minute read
Analysis

How a Kirkland Partner Relied on 2 Lean Teams During Simultaneous Weeklong Arbitrations on Either Coast

With arbitrations for Silicon Valley venture fund Social + Capital and a portfolio company of Pegasus Capital Advisors pushing off the same week in early June, Kirkland's Josh Greenblatt couldn't be two places at once … but his junior colleagues could.
5 minute read

Bestselling Authors' Lawsuit Against OpenAI Adds Microsoft as Defendant

But Morrison & Foerster partner Joseph Gratz, who represents OpenAI alongside a team from Latham & Watkins, argued that the New York and California classes "overlap entirely."
2 minute read
Analysis

Will the Economic Crunch Give Alternative Fee Arrangements a Needed Nudge?

Maybe, just maybe, this interest rate-driven crunch will be the nudge that finally gives clients and firms the incentive to increase the adoption of alternative fee arrangements.
4 minute read
Q&A

Litigators of the Week: Cooley Secures an Important Early Win for Meta in Copyright Test Case for AI

Cooley's Bobby Ghajar, Mark Weinstein and Judd Lauter secured a ruling from a judge in San Francisco dismissing a significant chunk of the copyright claims brought by comedian Sarah Silverman and two authors targeting Meta Platforms' LLaMa large language model.
5 minute read
Quick Takes

A Slightly Delayed Edition of Litigator of the Week Runners-Up and Shout Outs

A patent defense win in East Texas, a big win on royalties for UMG, a boardroom battle in Delaware, class certification in a massive data breach MDL and an antitrust battle over the price of eggs highlight this week's runners-up.
6 minute read
Q&A

Litigation Leaders: David Perez of Perkins Coie on the Firm's 'Customer Service Mentality'

Perez says the firm provides clients "polished, file-ready" briefs for review often a week or more before they're due. "That's pretty rare, and it means a lot of hard work for us, but it shows our clients that we value their time."
8 minute read

Latham Goes Global for Witness Testimony in Case for 'Fully Distributed' Freelance Platform Client

Latham partner Kevin McDonough and associate Megan Behrman led an effort to gather testimony in a civil case in Nevada state court from witnesses in Portugal, Spain, South Africa, and Canada for freelance platform Toptal, whose employees have been remote since the company's founding.
6 minute read
Q&A

Litigator of the (Past) Week: Cravath Closes the Door on $2.5B Suit Against PG&E Over Emergency Power Shutdowns

The California Supreme Court held that plaintiffs cannot sue for damages when a utility shuts power in compliance with state guidelines aimed at reducing the risk of wildfire.
10 minute read
Quick Takes

No Turkeys: A Pre-Thanksgiving Week Batch of Litigator of the Week Runners-Up and Shout Outs

Among the results that landed while the Lit Daily was out, Sullivan & Cromwell got a big win for Bayer on talc liabilities and Baker Botts brought home a $210 million trade secrets verdict for Computer Sciences Corp.
4 minute read
Conversation

Switching Things Up to Appeal to Multiple Generations in the Jury Box

Orrick's Meghan Kelly and Bill Oxley discuss how the firm's jury survey has informed how they shape trial presentations to appeal to jurors across generations and create emotional connections with their clients' cases.
9 minute read
Webcast

Legal Playbook: Integrating Generative AI Responsibly Into In-house Teams

Explore how GAI can streamline researching, drafting, summarizing and analyzing legal work for your in-house team.
2 minute read
News

After Transition 'Missteps,' David Boies Set to Step Aside as Boies Schiller Flexner Chair in 2025

Under a proposed amendment to the firm's partnership agreement set for a vote next month, Boies would serve one more transition year as the firm's leader alongside a chair-elect.
7 minute read
Q&A

Litigators of the Week: Wachtell and Emery Celli Get $20M-Plus for Wrongly Convicted NY Man Imprisoned for 24 Years

Wachtell's Marc Wolinsky and Emery Celli Brinckerhoff Abady Ward & Maazel's Richard Emery and Debbie Greenberger represented George Bell, who was wrongfully convicted of double homicide in 1999, in settlements with the state and city of New York.
16 minute read
Quick Takes

Litigator of the Week Runners-Up and Shout Outs

Runners-up this week include litigators from Baker Botts, Murtha Cullina, Cravath, Latham, Robison, Sharp, Sullivan & Brust, and McDonald Carano.
5 minute read
Research

What a Polarized Jury Pool Means for Corporate Defendants

Meghan Kelly and Bill Oxley, the leaders of the complex litigation and dispute resolution practice at Orrick, Herrington & Sutcliffe, discuss the results of a survey of more than 1,000 potential jurors in venues yielding big verdicts.
8 minute read
Best Practices

Just Breathe: Strategies for Dealing With Contentious Depositions

Judge Matthew McCoyd of DeKalb County Magistrate Court in Georgia says every litigator needs some breathing exercises in his or her metaphorical tool bag.
5 minute read
Q&A

Litigation Leaders: Akin's Joseph Sorkin on Expectations for 'Commitment, Collaboration, Collegiality and Transparency'

"An Akin litigator is collaborative, focused on achieving results for clients in creative ways, and not shy about litigating as aggressively as necessary," says Sorkin, who became head of the firm's litigation practice earlier this year.
10 minute read
Q&A

Litigators of the Week: A Defense Verdict for Dow and PPG in Quarter Century-Old Environmental Litigation

Mary Rose Alexander and Robert Collins of Latham & Watkins took the lead for Dow and Jason Levin of Alston & Bird represented PPG in a six-week trial in San Francisco Superior Court that resulted in no damages.
7 minute read
Quick Takes

Litigator of the Week Runners-Up and Shout Outs

Winston & Strawn and Hagens Berman secured class certification on behalf of three groups of college athletes seeking billions of dollars in compensation related to their name, image and likeness, or NIL, rights from the NCAA and major collegiate conferences.
5 minute read
Editor's Letter

Reflections From the Jury Pool

Tuesday I was part of the venire for a domestic violence case in Alameda County Superior Court in Oakland. The experience sparked some thoughts.
7 minute read

Some Thoughts on This Year's TAL Litigation Department of the Year Finalists

Covington, Cravath, Kirkland, Latham, Orrick, Quinn Emanuel, and Williams & Connolly are the finalists for The American Lawyer's Litigation Department of the Year. What were the common threads that set them apart from the competition?
7 minute read
Q&A

Confronting Anti-Corporate Bias in the Jury Pool

Hildy Sastre, the co-chair of the product liability litigation practice group at Shook, Hardy & Bacon, who regularly defends large companies discusses strategies for dealing with anti-corporate sentiment among prospective jurors.
9 minute read
Q&A

Litigators of the Week: Proskauer Scores a Defense Win for Last Defendant Standing in Broiler Chicken Antitrust Suit

After a month-long trial in a case accusing Sanderson Farms of conspiring with competitors to fix the price of chicken, federal jurors in Chicago deliberated just nine hours before returning for the company and its lawyers at Proskauer Rose led by Chris Ondeck, Kyle Casazza and Colin Cabral.
9 minute read
Quick Takes

Litigator of the Week Runners-Up and Shout Outs

Covington & Burling won about $260 million in damages in an investment treaty arbitration against the Russian Federation for the Ukrainian company that owned the main electricity supplier and distributor in Crimea prior to the peninsula's 2014 annexation.
4 minute read
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Who Got The Work

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

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Who Got The Work

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

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Who Got The Work

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

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Who Got The Work

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

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Who Got The Work

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

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