Litigation Daily | Expert Perspectives On The Biggest Cases

Did Fla. Federal Judge Have to Drop a Case Because His Wife Works for Defense Firm Holland & Knight?

Raychel Lean | July 19, 2019

U.S. District Chief Judge Mark E. Walker's order hinted that the Holland & Knight attorney might have been hired purposely to get him off the case. Legal ethics experts weigh whether the judge really needed to step aside.

9 minute read

How Kirkland's Javier Rubinstein Won a Rematch for Sanctioned Tennis Pro Anna Tatishvili

Patrick Smith | July 19, 2019

Tatishvili had her prize money from the 2019 French Open rescinded until partner Javier Rubenstein—a tennis player himself—mounted a successful appeal.

3 minute read

Litigator of the Week: Weil's Reines Shuts Down Nationwide Patent Attack Against HP

Jenna Greene | July 19, 2019

'We exposed the softest underbelly of Acacia's position and repeatedly notified Acacia that we would seek fees if it refused to drop these meritless positions,' Reines said.

5 minute read

Jenna Greene | July 19, 2019

Our runners up for Litigator of the Week include lawyers from Latham & Watkins; Goodwin Procter and Kirkland & Ellis.

2 minute read

Dark Side of Mass Tort Deals Exposed in Law Prof's Book

Katheryn Tucker | July 19, 2019

“By one token, my thesis is quite simple: all is not well in the mass-tort world,” UGA law Professor Elizabeth Chamblee Burch wrote in her introduction. “Using original empirical research, this book exposes a tight-knit network of repeat players and judges who use government power to push and enforce private deals.”

8 minute read

Kagan Urges Gerrymandering Foes to 'Go For It—Because You're Right'

Marcia Coyle | July 18, 2019

"I didn't pull my punches as to the importance of that decision to the political system and the way we govern ourselves," Kagan said in remarks at Georgetown University Law Center.

5 minute read

Nike Drafts DLA Piper in Pushback Against Kawhi Leonard Logo Lawsuit

Ross Todd | July 18, 2019

"Leonard fraudulently claimed to be the author and sole owner of the Claw Design, with knowledge that Nike's designers, and not Leonard, authored the Claw Design, and with specific intent to deceive the U.S. Copyright Office."

3 minute read

No Bail for 'Uncontrollable' Jeffrey Epstein Ahead of Sex Trafficking and Conspiracy Trial

Tom McParland | July 18, 2019

The financier and convicted sex offender will wait out the trial not at his Upper East Side townhouse but at the federal detention facility in Manhattan, where he has been held since his July 6 arrest at Teterboro Airport in New Jersey.

4 minute read

European Commission Slams Qualcomm With $272M Antitrust Fine

Simon Taylor | July 18, 2019

The EC found the company sold products below cost to drive a competitor out of the market. The ruling marks the second time European regulators have fined Qualcomm: Last year the company was slapped with a $1.1 billion fine.

3 minute read

Second Circuit Upholds 'Pharma Bro' Shkreli's Fraud Conviction, $7.3M Asset Forfeiture

Tom McParland | July 18, 2019

The New York City-based federal appeals court upholds Martin Shkreli's conviction on securities fraud and conspiracy charges.

3 minute read

Daily Dicta: Newly-Confirmed to the 9th Circuit, Kirkland's Bress Notches Final Win in Court

Jenna Greene | July 18, 2019

For Daniel Bress, who was confirmed to the Ninth Circuit on July 9, the victory on behalf of Honeywell is a nice capstone to his career in private practice.

4 minute read

Encore! Kirkland (and Bress) Knock Out Novel Suit Against Henkel

Jenna Greene | July 18, 2019

The Sixth Circuit held that it would not have been improper for Kirkland client Henkel KGaA to have nixed the distribution deal "even if its sole motivation was to maximize its own profits.”

3 minute read

Insurer Wants Out of Civil Suit Against Imprisoned Child Molester

Greg Land | July 17, 2019

The Hartford Insurance Co. asked a federal judge to declare that it has no duty to defend a civil suit brought by the mother and young victim of an 89-year-old Gainesville violin teacher who pleaded guilty to child molestation.

3 minute read

NY Judge Nixes Class Cert for Suit Claiming Whole Foods Charges Too Much

Tom McParland | July 17, 2019

U.S. District Judge Paul A. Engelmayer of the Southern District of New York on Wednesday granted summary judgment in favor of Whole Foods, finding that plaintiff Sean John lacked standing to bring his claims.

4 minute read

Hogan's Neal Katyal Wants to Train Next Generation of Supreme Court Advocates

Ryan Lovelace | July 17, 2019

Former high court clerks at Hogan Lovells bring the credentials, and Katyal supplies the opportunity to make an early mark.

6 minute read

Companies Reach $305M Deal to Settle California Lead Paint Suits

Ross Todd | July 17, 2019

The deal is a little more than a quarter the amount of the initial $1.15 billion 2014 judgment in the long-running nuisance litigation brought by 10 local governments in California.

4 minute read

DOJ Warns Koh's Qualcomm Antitrust Order Could Jeopardize Nuclear Security

Scott Graham | July 17, 2019

With backing from Defense and Energy departments, Justice tells the Ninth Circuit that failing to stay Koh's antitrust order could jeopardize national, even nuclear security.

5 minute read

Daily Dicta: Prosecutions Don't Get Much More Pathetic Than This Case Against a Louisiana Scientist

Jenna Greene | July 17, 2019

In a motion that amounted to the legal equivalent of “um, never mind,” federal prosecutors in Louisiana withdrew their criminal case against a prominent scientist accused of stealing trade secrets.

6 minute read

NY, NJ AGs Sue Feds After IRS Blocks Scheme to Deduct State Taxes as Charitable Giving

Dan M. Clark | July 17, 2019

New Jersey and New York are co-leading the suit, on which Connecticut has also signed on as a plaintiff.

6 minute read

Justice John Paul Stevens Dies At 99, Remembered for 'Kindness, Humility, Wisdom, and Independence'

Marcia Coyle | July 16, 2019

Chief Justice John Roberts Jr. said: "He brought to our bench an inimitable blend of kindness, humility, wisdom, and independence. His unrelenting commitment to justice has left us a better nation."

14 minute read

Plaintiffs in Census Citizenship Suit Move for Sanctions Against US DOJ

Dan M. Clark | July 16, 2019

They're now seeking additional discovery in the litigation, and for the court to allow a series of documents to be made available to them that were previously labeled as privileged.

6 minute read

Oakland Cries Foul at DOJ Bid to Weigh in on Antitrust Claims Over Raiders Move

Ross Todd | July 16, 2019

Lawyers with DOJ's Antitrust Division contend that lost tax revenues don't constitute an injury to “business or property” recoverable under federal antitrust law and to find otherwise "could lead to anticompetitive effects from over-deterrence."

4 minute read

The Steady Erosion of Credibility at the DOJ

Matthew Collette | July 16, 2019

Norms are being smashed as the department sends career attorneys for cringe-worthy appearances to defend administration positions.

6 minute read

NY AG James Denounces Federal Prosecutors' Decision Not to Bring Charges in Eric Garner Case

Dan M. Clark | July 16, 2019

U.S. Attorney Richard Donoghue said during a press briefing Tuesday morning that the evidence in the case wasn't enough to meet the burden they would have to show to convict NYPD Officer Daniel Pantaleo on federal charges.

6 minute read

Pay Dirt: Debevoise Wins $6B Award in Fight over Pakistan Mine

Jenna Greene | July 16, 2019

The fight involves the Reko Diq mine—a vast and undeveloped deposit of copper and gold in Pakistan's remote province of Balochistan.

3 minute read

Daily Dicta: PNC Slapped with $102M Judgment in Funeral Scam Suit

Jenna Greene | July 16, 2019

The judgment stems from a massive Ponzi scheme selling prepaid funerals to almost 100,000 consumers in 16 states.

5 minute read

Analysis

'A Very Difficult Time': Career Lawyers at Trump's DOJ Face Challenges

C. Ryan Barber | July 15, 2019

“It feels almost like these poor career lawyers are getting just eaten up—chewed up and spit out in the process," one former Justice Department lawyer said.

12 minute read

Conservative Lawyers (Including George Conway) Condemn Trump's 'Ignorant Racist Nature'

Mike Scarcella | July 15, 2019

"We refuse to share the silence of most of the Republican caucus in Congress, whose timidity in the face of this abhorrent behavior reflects the debased politics of the day," the group Checks and Balances said in a statement.

4 minute read

SF Federal Judge Slashes $80M Roundup Verdict to $25.3M

Amanda Bronstad | July 15, 2019

U.S. District Judge Vince Chhabria of the Northern District of California, who refused to overturn the verdict Friday, found that Monsanto Co.'s conduct was sufficient to warrant punitive damages of $20 million—a ratio of four times the compensatory damages.

4 minute read

California Wants Judge to Impose $700M in Penalties Against J&J Over Mesh Devices

Amanda Bronstad | July 15, 2019

The first trial between a state attorney general and a manufacturer of transvaginal mesh devices opened Monday, with a lawyer for the state of California claiming Johnson & Johnson's Ethicon misrepresented the safety of its products to doctors and their patients.

5 minute read

Connecticut Appellate Court Rules Against Sandy Hook Plaintiffs in School Safety Lawsuit

Robert Storace | July 15, 2019

The Connecticut Appellate Court upheld a lower court ruling siding with the town of Newtown in a case alleging inadequate school-safety procedures during the December 2012 mass shooting at Sandy Hook Elementary School.

4 minute read

Daily Dicta: As Critics Savage Facebook's $5B FTC Settlement, Here's What They're Forgetting

Jenna Greene | July 15, 2019

Politicians and pundits on Twitter over the weekend reacted viciously to reports that Facebook—represented by Gibson, Dunn & Crutcher—had reached a $5 billion settlement with the Federal Trade Commission for privacy violations, claiming that the penalty was too light.

6 minute read

Rivals Say Kirkland's Push Into Contingency Fee Litigation Not Threatening

Jack Newsham | July 14, 2019

Trial lawyers said Kirkland, for all its resources, comes into a contingency fee practice with some disadvantages.

5 minute read

DOJ's New Antitrust Charging Policy to Reward Companies' Good Faith Compliance Efforts

Sue Reisinger | July 12, 2019

It contains two parts, guiding prosecutors in their evaluation of compliance programs at both the charging and sentencing stage of investigations.

4 minute read

Trump in Claiming Census Victory Nods to Alito's Dissent

Marcia Coyle | July 12, 2019

A comparison of Trump's executive order and the Supreme Court's decision blocking the administration from adding a citizenship question revealed a similarity.

5 minute read

Inside the Fight Over Litigation Funding Regulation

MP McQueen | July 12, 2019

With more states enacting or considering laws aimed at predatory consumer lending and state attorneys general taking regulatory action, some commercial litigation finance companies worry that they are also targets.

11 minute read

Litigation Funder Claims Tom Girardi Hasn't Paid Big Chunk of $16M Settlement

Ross Todd | July 12, 2019

Law Finance Group claims the prominent plaintiffs attorney and husband of Real Housewives of Beverley Hills cast member Erika Jayne has only paid $10 million of a settlement that came due last month.

3 minute read

Litigators of the Week: Quinn Emanuel Duo Master the Art of Winning

Jenna Greene | July 12, 2019

'In both of these cases, while there are commercial consequences, of course, the end goal has always been to protect the artist and his legacy.'

12 minute read

Jenna Greene | July 12, 2019

Our runners up include lawyers from Skadden; Cleary Gottlieb; Greenberg Traurig and Vinson & Elkins.

2 minute read

As Acosta Exits Labor Department, Ex-Preston Gates Counselor With Abramoff Ties Is Elevated

Tom McParland | July 12, 2019

Patrick Pizzella will take over the acting role from Acosta, who has faced increased scrutiny over his handling of a decade-old investigation into Jeffrey Epstein.

3 minute read

Client's Case Dismissed After Lawyer Filed Key Document 19 Minutes Late

Angela Morris | July 12, 2019

Smith Clinesmith associate Paul J. Downey of Dallas, who represented plaintiff Dorcus Simmons in the case, said his firm was weighing options to appeal the ruling.

4 minute read

Calif. Supreme Court Revives Case Against Lawyer Who Talked About Confidential Settlement

Ross Todd | July 11, 2019

Thursday's decision from the California Supreme Court overturns an earlier appellate decision finding that attorney Bruce Schechter and the R. Rex Parris Law Firm hadn't agreed to be bound to confidentiality provisions of a wrongful death settlement signed on behalf of clients.

3 minute read

Civil Rights Groups File Federal Due Process Suit in Anticipation of Immigration Raids

Dan M. Clark | July 11, 2019

“The Due Process Clause and the refugee protection laws therefore require that these individuals have an opportunity, before they are deported, to appear before an immigration judge,” the lawsuit said.

5 minute read

Epstein Attorneys Push for Home Detention, Lay Out 14 Conditions for Release

Tom McParland | July 11, 2019

In a letter to U.S. District Judge Richard M. Berman of the Southern District of New York, Epstein's lawyers proposed the use of surveillance cameras, GPS monitoring, as well as deregistering his private jet and other forms of transportation to ensure that Epstein would appear for trial on sex trafficking and conspiracy charges.

4 minute read

Ninth Circuit Judge Who Dissed 'Game of Thrones' Writers Has a Penchant for Pop Culture

Ross Todd | July 11, 2019

Ninth Circuit Judge John Owens, who won fans in certain corners of the internet last week by calling out the writers of Game of Thrones for leaving behind a seemingly key storyline, has a habit of dropping pop culture references in his opinions.

2 minute read

Houston Firm Sued for Malpractice Claims Plaintiff Lawyers Stole Its Pelvic Mesh Clients

Angela Morris | July 11, 2019

Four women with injuries from transvaginal mesh medical devices alleged in a legal-malpractice lawsuit that their attorneys and law firms botched their cases by missing the statute of limitations. In a surprising twist, one of the law firm defendants has sued the plaintiffs' attorneys, alleging they improperly obtained its client lists.

5 minute read

Daily Dicta: Meet the Orrick Associate Who Just Won a Major En Banc 9th Circuit Decision

Jenna Greene | July 11, 2019

When Orrick associate Easha Anand walked into the Ninth Circuit's San Francisco courthouse on March 27, she admitted she was terrified, but said she was confident she had the better of the facts and the law.

6 minute read

Analysis

In Puerto Rico's Bankruptcy, Big Law Bills More Than $160 Million

Dylan Jackson | July 11, 2019

At least one-fourth of the Am Law 100 are working on Puerto Rico's $100 billion restructuring.

6 minute read

PG&E Ordered by Judge to Respond to Newspaper Report About Power Lines Sparking Wildfires

Ross Todd | July 10, 2019

U.S. District Judge William Alsup, who is overseeing the aftermath of PG&E Corp.'s 2016 safety-related felony conviction, on Wednesday ordered the company to respond "paragraph-by-paragraph" to a Wall Street Journal report claiming that the utility company knew that parts of its transmission system were a potential wildfire hazard.

3 minute read

Federal Judges in California and Maryland Question DOJ's Census Case Maneuvering

Alaina Lancaster | July 10, 2019

Judges in Maryland and California want to hear more from the government about their effort to swap out lawyers in census litigation.

5 minute read

Google Faces Contempt Charge in Australia for Failing to Remove Negative Reviews

Sue Reisinger | July 10, 2019

In a statement, Google said it takes court orders seriously and responds to them in a timely manner. It has since removed the reviews.

3 minute read

Georgia Jury Awards $125M in Heat-Related Apartment Death

Greg Land | July 10, 2019

A plaintiffs attorney said there had been multiple complaints about squalid conditions and broken air conditioning at The Ralston, a once-swanky Columbus hotel that now serves as subsidized housing for the poor and disabled.

6 minute read

Who Are the Ex-Big Law Attorneys Stocking Trump White House Counsel's Office?

Mike Scarcella | C. Ryan Barber | July 10, 2019

Lawyers from Gibson Dunn, Kirkland & Ellis, Williams & Connolly and other firms have taken posts inside the Trump White House counsel's office.

5 minute read

Daily Dicta: Kirkland Crosses the 'V' With New Push for Plaintiffs-Side Contingency Cases

Jenna Greene | July 10, 2019

Kirkland & Ellis is launching a plaintiffs-side trial group with the aim of dramatically increasing the number of commercial disputes it handles on a contingency fee basis.

4 minute read

Shout-Out: Fenwick's Sizzling Summer

Jenna Greene | July 10, 2019

Fenwick & West litigators have racked up a series of back-to-back wins since the summer solstice.

2 minute read

4th Circuit Orders Dismissal of 'Emoluments' Claims Against Trump

Mike Scarcella | July 10, 2019

A panel of Fourth Circuit judges, ruling for Trump, said the "prosecution of this case readily provokes the question of whether this action against the President is an appropriate use of the courts."

4 minute read

Appeals Court Explains Why Nazi-Stolen Paintings Belong With Jewish Collector's Heirs

Jason Grant | July 09, 2019

The case, Reif v. Nagy, has been closely watched in art world legal circles, stretching from the United States to Austria and Germany and beyond, since it was filed in 2015.

7 minute read

Judge Rejects DOJ's Request to Remove Census Case Attorneys

Dan M. Clark | July 09, 2019

U.S. District Judge Jesse Furman of the Southern District of New York wrote in a three-page decision that he had to deny a motion for nine attorneys to withdraw from the lawsuit because the federal government hadn't given a reason for the change.

5 minute read

Ruling Allows Drywall Price-Fixing MDL to Move Forward

P.J. D'Annunzio | July 09, 2019

California law applies to state law antitrust claims against the remaining defendants in a national litigation over drywall price-fixing, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania ruled.

3 minute read

Qualcomm Asks 9th Circuit to Stay Antitrust Injunction in FTC Case

Scott Graham | July 09, 2019

The wireless giant adds Goldstein & Russell to its team while arguing that Koh wrongly found it had an antitrust duty to deal with its rivals. Meanwhile, the FTC has consented to Qualcomm's request to expedite briefing on the merits.

4 minute read

Daily Dicta: The Docket That Ate the Am Law 100

Jenna Greene | July 09, 2019

The latest skirmish in the $120 billion Puerto Rico debt restructuring provides a window into the intense--and truly enormous--litigation.

4 minute read

Shout-Out: Latham Litigators Kill Drug Price Disclosure Rule

Jenna Greene | July 09, 2019

Litigators from Latham & Watkins persuaded a federal judge in Washington, D.C. to void a HHS rule that would have required drugmakers in ads to disclose the list price of a 30-day supply of the medicine.

2 minute read

Spotlight on Kirkland Lawyers Amid New Epstein Criminal Case

Christine Simmons | July 09, 2019

Jeffrey Epstein previously escaped federal charges when his Kirkland lawyer had a tete-a-tete with a U.S. attorney who used to work at the firm.

7 minute read

Trump Can't Block Twitter Followers, 2nd Circuit Rules

Mike Scarcella | Nate Robson | July 09, 2019

"If the First Amendment means anything, it means that the best response to disfavored speech on matters of public concern is more speech, not less," the Second Circuit said Tuesday.

3 minute read

Apple Could Be Back on Hook for $440 Million Patent Judgment

Scott Graham | July 08, 2019

The Federal Circuit ordered the USPTO to reconsider an attack on the validity of two patents held by VirnetX, which holds two judgments worth almost $1 billion against the iPhone maker.

4 minute read

SDNY Prosecutors Aren't Bound by Epstein's Nonprosecution Agreement in Florida, US Attorney Berman Says

Tom McParland | July 08, 2019

U.S. Attorney Geoffrey S. Berman of the Southern District of New York said the decade-old nonprosecution agreement between Jeffrey Epstein and Florida federal prosecutors did not affect his office's ability to indict Epstein Monday morning on federal charges of sex trafficking and conspiracy.

5 minute read

Ex-Jones Day Associate Leads New DOJ Team in Trump's Census Case Maneuvering

Mike Scarcella | C. Ryan Barber | July 08, 2019

David Morrell, a former Jones Day associate and Clarence Thomas clerk, is leading the new team. He joined the Justice Department in May from the Trump White House.

8 minute read

In Tuesday's Obamacare Oral Arguments, Parties Prepped to Argue Standing

Angela Morris | July 08, 2019

In letter briefs, all of the parties agree that there's still a case or controversy in the appeal since the federal government has continued enforcing Obamacare as it appealed a district court's December 2018 ruling that the entire law is unconstitutional.

4 minute read

DOJ Lawyers Want DC Circuit to Stop 'Distracting' Emoluments Suit Against Trump

Mike Scarcella | July 08, 2019

Justice Department lawyers have lost earlier bids to shut down the lawsuit, filed by U.S. Sen. Richard Blumenthal of Connecticut and other Democratic senators.

4 minute read

Kazowitz Firm Ripped by DC Circuit for 'Legal Artifice' in Megabillions Whistleblower Case

Dan Packel | July 08, 2019

The D.C. Circuit refused to revive a lawsuit that sought to wrest $90 billion in fines and penalties from four chemical companies—and to set up a $27 billion windfall for Kasowitz Benson Torres.

3 minute read

Litigation Leaders: Cleary's David Brodsky on Lockstep Compensation, Latin America and Lateral Hires

Jenna Greene | July 08, 2019

'We know when and how to pick our fights...We're straight shooters, and strategic about what arguments to make.'

14 minute read

DOJ Tells Maryland Judge Trump Hasn't Surrendered on Citizenship Question

Daily Dicta: In Memoriam

Jenna Greene | July 08, 2019

In practicing law, my mother-in-law fulfilled her childhood dream--and left a mark as a Wall Street trailblazer.

2 minute read

Mike Scarcella | July 05, 2019

A Maryland federal judge wanted to know the Trump administration's plans Friday. Government lawyers say they are still weighing their options to circumnavigate a US Supreme Court ruling that blocked the addition of a citizenship question.

7 minute read

Patent Lawsuits Are Up in 2019, but PTAB Filings Are Down

Scott Graham | July 03, 2019

PTAB's increasing reluctance to hold trials on patent validity challenges is one possible factor on why filings could be down, experts say. Yet, Unified Patents is doing its part to keep the PTAB busy. It filed 28 petitions during the first half of the year, tied with Google for second most, behind only Apple Inc.

3 minute read

Maryland Hospital in Johns Hopkins System Hit With $229M Verdict in Birth Injury Lawsuit

Max Mitchell | July 03, 2019

A Baltimore jury handed up the nine-figure verdict in a case over allegations that health care providers gave the mother inaccurate predictions about the possible outcome of the birth after she began to experience preeclampsia.

3 minute read

3rd Circuit Rules Amazon May Be Sued in Products Liability Cases Stemming From Third-Party Vendor Sales

Max Mitchell | July 03, 2019

A federal appeals court panel ruled Wednesday that Amazon is a 'seller' as the term is defined in the Second Restatement of Torts, and therefore subject to Pennsylvania's strict liability laws.

5 minute read

2nd Circuit Orders Jeffrey Epstein Records Unsealed, Cautions Media and Public

Raychel Lean | July 03, 2019

The U.S. Court of Appeals for the Second Circuit ordered the immediate release of nearly 2,000 pages of records related to Jeffrey Epstein's case, but not without warning the media and public about damaging the privacy and reputation of those linked to the "hard-fought-sensitive litigation."

2 minute read

In Reviewing $80M Roundup Verdict, Judge Says Monsanto Was "Pretty Crass" About Cancer Claims

Amanda Bronstad | July 02, 2019

U.S. District Judge Vince Chhabria appeared poised to reduce the jury's award in the second Roundup trial, but said there was a 'fair amount of evidence" justifying punitive damages.

3 minute read

Litigators of the Week: Kirkland Teams Adds Up a Win in Delaware Fraud Trial

Jenna Greene | June 28, 2019

'The verdict shows that a straightforward common sense case will overcome a technical complicated defense, even where the issues are foreign to most of the jurors.'

10 minute read

Jenna Greene | June 28, 2019

Honorable mention goes to lawyers from Goodwin Procter; Simpson Thacher; Baker Botts; and Quinn Emanuel.

2 minute read

Judge Koh Inches Closer to Approving Yahoo Breach Settlement, Though Questions Linger

Alaina Lancaster | June 27, 2019

“I still don't see an answer to my question why 23 law firms were necessary in the MDL and 8 in the state court case,” Judge Lucy Koh said at a hearing Thursday afternoon in San Jose.

5 minute read

Huawei IP Litigation Ends in Take-Nothing Judgment for Both Sides

Angela Morris | June 27, 2019

"He came over from China nearly three decades ago and became an American citizen. One of the reasons he did that is to pursue the dream of being an entrepreneur and inventor. They tried to stop him and effectively crush that dream," said Tyz Law Group founder Ryan Tyz.

4 minute read

How Justices Fumed Over Census Ruling: 'Regrettable.' 'First Time Ever.' 'Inventing.'

Nate Robson | Mike Scarcella | June 27, 2019

"The court's holding reflects an unprecedented departure from our deferential review of discretionary agency decisions," Justice Clarence Thomas said in dissent.

6 minute read

Hedge Fund Managers Win $46 Million After Decade-Long Legal Fight; Now Comes the Appeal

Jason Grant | June 27, 2019

“I will not pay you, I will not pay you a dime, you know, and before this is done and over, your wife will be here in this office, here on her knees, begging for mercy,” a hedge fund founder yelled at a portfolio manager in 2008, according to a witness' trial testimony.

11 minute read

High Court Sidesteps Politically Rigged Election Maps

Marcia Coyle | June 27, 2019

"Of all times to abandon the court's duty to declare the law, this was not the one," Justice Elena Kagan wrote in her dissent, which she summarized from the bench Thursday.

7 minute read

In Blocking Citizenship Question on Census, Justices Call Trump's Push 'Contrived'

Marcia Coyle | June 27, 2019

"Reasoned decisionmaking under the Administrative Procedure Act calls for an explanation for agency action. What was provided here was more of a distraction," Chief Justice John Roberts Jr. wrote.

8 minute read

Daily Dicta: This Firm Has Filed 1,400 ADA Suits. But Is That Racketeering?

Jenna Greene | June 27, 2019

Is there a point where legitimate private enforcement crosses the line, where a plaintiffs firm that's churned out at least 1,400 drive-by suits could actually be guilty of racketeering?

9 minute read

Defendant Slams TransPerfect Trade Secrets Lawsuit as 'Farcical'

Tom McParland | June 26, 2019

TransPerfect's suit stems from the leading translation-services firm's forced sale in 2017.

4 minute read

Woman Sues Tesla for Husband's Death, Claiming His Model S Suddenly Accelerated

Alaina Lancaster | June 26, 2019

Representatives from Arias Sanguinetti Wang & Torrijos in Los Angeles and Slavik Law in Steamboat Springs, Colorado, claim that the collision was caused by a series of defects known to Tesla.

3 minute read

Texas Judge Tosses Suit That Challenged $2B Hill Country Gas Pipeline

Angela Morris | June 26, 2019

"It's important to note that the plaintiffs were not actually accusing Kinder Morgan of doing anything wrong. They were really instead complaining that the eminent domain process in Texas is somehow unconstitutional," said Baker Botts partner Gavin Villareal, who represented Kinder Morgan Texas Pipeline and Permian Highway Pipeline.

4 minute read

Fifth Circuit Questions if US House Can Defend Obamacare

Nate Robson | June 26, 2019

“The odds that the Fifth Circuit does something nasty to the health-reform law have gone up.”

4 minute read

Philadelphia Litigators Vow to Streamline Dispute Resolution With New Mediation Firm

Lizzy McLellan | June 26, 2019

Peter Muhic and Peter "Tad" LeVan have founded MLA Dispute Resolution, drawing on their class action experience from Kessler Topaz and elsewhere.

3 minute read

Daily Dicta: 'Flippant, Evasive, Ridiculous': Court Blasts Sullivan & Cromwell and Its Client for Deposition Conduct

Jenna Greene | June 26, 2019

'The deposition appears to have been a colossal waste of time and resources,' the Delaware Supreme Court wrote in a 20-page addendum detailing the misconduct of Tony award-winning producer Carole Shorenstein Hays.

7 minute read

These Lawyers Were Midtrial When a Gunman Shot Up the Dallas Courthouse. What Happened Next Was Unexpected

Angela Morris | June 25, 2019

“We're not going to let this stop what we all need to do. I don't know that was ever spoken, but the feeling was, 'We have a job to do, and we are going to do it. We're not going to let what happened interfere,'" attorney Mark Strachan said.

8 minute read

California Judiciary's Jones Day Team Denies Retired Judges' Age-Bias Claims

Mike Scarcella | June 25, 2019

"What is an 'older judge,' or a 'younger judge'? Plaintiffs provide no answer," lawyers for the Judicial Council of California and the chief justice said in new court papers.

4 minute read

NY Bankruptcy Judge Denies Madoff Trustee Summary Judgment in Clawback Suit

Tom McParland | June 25, 2019

U.S. Bankruptcy Judge Stuart M. Bernstein nixed trustee Irving H. Picard's motion for summary judgment on his fraudulent transfer claim to recover transfers from Legacy Capital Ltd.'s account with Bernard L. Madoff Investment Securities that were made within two years of its founder being arrested for securities fraud in 2008.

3 minute read

What Greg Craig and Prosecutors Don't Want Talked About at Trial

C. Ryan Barber | June 25, 2019

The government is resisting the former Skadden partner's move to call Arnold & Porter's Amy Jeffress as a defense expert witness.

7 minute read

Opioid Judge Grants More Time for a 'Novel Idea' to Settle Nearly 2,000 Cases

Amanda Bronstad | June 25, 2019

At a Tuesday hearing, plaintiffs' attorneys who proposed a "negotiation class" to settle all the opioid lawsuits agreed to give more time for objections, some of which have come from distributors, pharmacies and state attorneys general.

6 minute read

Daily Dicta: How Robbins Geller Beat the Feds in Walmart Settlement

Jenna Greene | June 25, 2019

While government officials in press releases were busy patting themselves on the back, they neglected to mention that Robbins Geller lawyers extracted a bigger settlement for the same underlying misconduct, and they did it more quickly.

6 minute read

As More Accusers Go Public, Jones Day Bias Claims Spread to Atlanta, New York

Dan Packel | June 25, 2019

Three former female associates unmasked themselves Monday and another new attorney joined the $200 million gender discrimination suit against the firm.

5 minute read

NY Judge Allows Opioid Claims to Go Forward Against Sackler Family

Amanda Bronstad | June 24, 2019

Suffolk County Supreme Court Judge Jerry Garguilo found two cities and 31 counties could move forward on their claims against the Sacklers, who are current and former directors of opioid manufacturer Purdue Pharma.

4 minute read

Lit Funder Burford Cashes In On Argentine Oil Case After SCOTUS Nixes Appeal

Dan Packel | June 24, 2019

The emergence of a secondary market for funded claims speaks to the "continuing maturity" of litigation finance, said Burford CEO Christopher Bogart.

4 minute read

Fortnite Maker Sued Over In-Game Purchases by Minors

Ross Todd | June 24, 2019

The proposed class action claims North Carolina-based Epic Games Inc. doesn't include any built-in parental controls in Fortnite that would allow guardians of minors to make informed decisions regarding in-app purchases.

3 minute read

Supreme Court Strengthens Shield Blocking Disclosure of Company Financials

Tony Mauro | June 24, 2019

The justices, in a 6-3 vote, took a pro-business stance on the interpretation of the word “confidential."

4 minute read

'Scandalous' Trademarks Like 'FUCT' Are Allowed, Divided US Supreme Court Says

Tony Mauro | June 24, 2019

Justice Sonia Sotomayor said in a partial dissent: “The court's decision today will beget unfortunate results."

4 minute read

Pepper Hamilton Sanctioned for Violating Discovery Order in Baylor Case

Angela Morris | June 24, 2019

“The evidence of Pepper Hamilton's conduct in violation of the court's orders is so 'clear, direct, weighty and convincing' that the court reaches this conclusion with clear conviction and without hestitancy,” U.S. District Judge Robert Pitman of Waco wrote.

4 minute read

Daily Dicta: Quinn Team Bests Morgan Lewis in Delaware Fight over Worst (Non-Lawyer) Lateral Acquisition Ever

Jenna Greene | June 24, 2019

If lawyers want to leave one firm for another, and their clients want to follow, well, that's life. Count yourselves lucky. Because wow, things are brutal in the insurance brokerage industry.

10 minute read

Class Action Wave Predicted as California's Privacy Law Draws Near

Dan Clark | June 21, 2019

As the law is currently written, consumers have a private right of action when their non-encrypted and nonredacted information is stolen. The law also allows consumers to file a claim even if they do not show actual damage from the data breach, according to a blog post by consulting company Epiq.

3 minute read

Mueller Prosecutor and Ex-Wilmer Partner Jeannie Rhee Joins Paul Weiss

C. Ryan Barber | Dan Packel | June 21, 2019

Rhee is the latest big name to land at Paul Weiss in recent months. In an interview, Rhee said she is "eager to go back to representing clients. It's something that I've done for a really long time."

6 minute read

DC Circuit Revives OPM Data Breach Class

Amanda Bronstad | June 21, 2019

The U.S. Court of Appeals for the D.C. Circuit reversed dismissal of two cases brought over data breaches of the U.S. Office of Personnel Management.

7 minute read

And Then There Were None: Latham Cuts Long-Running Patent Case Down to Zero Damages

Scott Graham | June 21, 2019

After nine years of litigation, U.S. District Judge Liam O'Grady says there was no evidence to support a jury award of $1.75 million against Adobe Systems.

5 minute read

Podcast

Talking SCOTUS With Paul Weiss Partner Kannon Shanmugam. What to Watch as 2018-19 Term Wraps Up

Vanessa Blum | Leigh Jones | June 21, 2019

Law.com Supreme Court correspondent Tony Mauro talks with Kannon Shanmugam about his lateral move to Paul Weiss, what it's like to argue before Justice Kavanaugh, and why it's been a 'meat and potatoes' term.

2 minute read

Litigator of the Week: Ted Wells on Top in New Jersey Clash of the Titans

Jenna Greene | June 21, 2019

'It was an extraordinary experience for me. We had cameras pointed at us all day, live-streaming,' Wells said. 'It was a continual reminder at just how intensely the public was focused on this and how important it was to the state.'

9 minute read

Jenna Greene | June 21, 2019

As befitting the first day of summer, competition was hot for Litigator of the Week. Honorable mention goes to lawyers from Munger Tolles; Skadden; Latham & Watkins; Hunton Andrews and Debevoise.

2 minute read

Judge Reconsiders Ruling for Twitter in Transparency Suit After Government Hands Over Classified Evidence

Ross Todd | June 21, 2019

After receiving an in camera filing from the government, U.S. District Judge Yvonne Gonzalez Rogers indicated she thinks information that Twitter is seeking to publish about government requests "would pose grave or imminent harm to national security" if made public.

4 minute read

Quinn Emanuel to Appeal Ruling Disqualifying It From Repping Victims in California Wildfire Cases

Amanda Bronstad | June 20, 2019

Quinn Emanuel has appealed a June 14 ruling disqualifying it from representing victims of a Southern California wildfire after concluding the firm obtained confidential information from defendant Southern California Edison.

5 minute read

It's Don Verrilli Versus Ted Olson in Puerto Rico Cases at Supreme Court

Tony Mauro | June 20, 2019

In an unusual order, the high court granted certiorari in five cases testing the legitimacy of the Financial Oversight and Management Board. The order was so complex that the court quickly issued a corrected version.

3 minute read

Lululemon Sues Ross Stores Over 'Lowest-Quality' Knockoff Yoga Pants Ever

Ross Todd | June 20, 2019

Lululemon has hit Ross Stores Inc. and one of its suppliers with a lawsuit claiming that the discount retailer has been selling shabby knockoffs of the company's high-end leggings in stores in California.

3 minute read

Prosecutors Say Roger Stone 'Continues to Fan the Flames' Despite Gag Order

Nate Robson | June 20, 2019

Federal prosecutors argue Stone should face a hearing over whether new social media posts violate the terms of his release and a gag order.

4 minute read

Posner Signs On With Litigation Funding Underdog Legalist

Dan Packel | June 20, 2019

The retired Seventh Circuit jurist has joined Legalist, a San Francisco operation founded by two Harvard dropouts, as an adviser.

3 minute read

Walmart Will Pay $282M and Hire Louis Freeh as Monitor to Resolve Overseas Bribery Cases

Sue Reisinger | June 20, 2019

In the criminal part of the settlement, the company signed a nonprosecution agreement with the DOJ in which it agreed to pay a $138 million penalty to settle violations of the Foreign Corrupt Practices Act. The SEC announced that the company also agreed to pay another $144 million to settle related claims.

4 minute read

Shout-Out: What? I Can't Hear You. I'm Wearing (Green) Ear Plugs.

Jenna Greene | June 20, 2019

A team from Quinn Emanuel led by Joe Paunovich hammered out a settlement after an eight-year fight over a particular shade of lime green.

2 minute read

Daily Dicta: Mark Cuban Strikes Again in SEC Fifth Circuit Appeal

Jenna Greene | June 20, 2019

Never one to miss a chance to kick the SEC, the celebrity billionaire signed on to an amicus brief, this one filed in the U.S. Court of Appeals for the Fifth Circuit by a team from Paul Hastings.

5 minute read

Delaware's High Court Revives Suit Over Blue Bell Listeria Outbreak

Tom McParland | June 19, 2019

A unanimous panel of the high court said Tuesday that plaintiff Jack L. Marchand II had supported claims that two Blue Bell executives, and the company's board, had failed to implement any system to monitor the safety of the Texas-based company's product and its compliance with state and federal regulations.

4 minute read

Arbitrators Push for More Disclosure as Litigation Funding Expands

Alaina Lancaster | June 19, 2019

Arbitration specialists dish on the developments they're seeing as the two worlds collide.

4 minute read

Deputy SG and Top Mueller Lawyer Michael Dreeben Ends DOJ Career

Mike Scarcella | Tony Mauro | June 19, 2019

Dreeben, who argued his 100th Supreme Court case in 2016, had earned a reputation as the U.S. Justice Department's preeminent expert on criminal law.

4 minute read

Former Members Sue Church of Scientology, Alleging Human Trafficking, Intimidation

P.J. D'Annunzio | June 19, 2019

The action claims the church engaged in human trafficking, child abuse, forced labor, exploitative commercial practices and intimidation campaigns aimed at anyone who spoke out against the church or its leader.

4 minute read

LexisNexis Sued After Background Check Flagged a Man as Jewel Smuggler

Greg Land | June 19, 2019

The complaint said a LexisNexis Risk Solutions compliance platform identified the plaintiff as a man who was fined for tax evasion and suspected diamond smuggling, and has refused to acknowledge its error or ensure the false data has been removed.

6 minute read

Daily Dicta: After Turning Over Kiddie Porn in Discovery and Then Blaming Opposing Counsel, Alex Jones Gets Smacked With Sanctions

Jenna Greene | June 19, 2019

Bridgeport Superior Court Judge Barbara Bellis on Tuesday said Jones' behavior was “indefensible," "unconscionable," and "possibly criminal."

5 minute read

Gilead Taps White & Case for Antitrust Class Action

Scott Graham | June 19, 2019

Co-defendants Bristol-Myers Squibb turns to Arnold & Porter, while J&J calls on Drinker Biddle and Japan Tobacco tabs Holland & Knight.

2 minute read

Milberg's Ariana Tadler Starts Her Own Firm, With 3 Others

Jack Newsham | June 18, 2019

Ariana Tadler's departure comes 18 months after she and her partners at Milberg joined forces with attorneys at the mass torts and personal injury firm Sanders Phillips Grossman.

4 minute read

Monsanto Blames Repeated Misconduct by Plaintiffs' Counsel for $2B Roundup Verdict

Amanda Bronstad | June 18, 2019

Monsanto, now owned by Bayer, filed dual motions Monday to reverse the verdict, citing several instances of “inflammatory argument” by plaintiffs' attorneys, among other things.

4 minute read

Atlanta Lawyer Charged With Forging Judge's Name on Court Order

R. Robin McDonald | June 18, 2019

An attorney defending veteran criminal defense lawyer Elizabeth Vila Rogan said the indictment stems from "a misunderstanding" involving a municipal court judge.

4 minute read

Amid Flood of Securities Class Actions, Supreme Court Must Act to Stem Frivolous Suits

Elaine Goldenberg | June 18, 2019

The high court's review would restore national uniformity on loss-causation analysis.

4 minute read

After Pummeling by Gibson Dunn and NY Arrest, Facebook Fugitive Ceglia Finally Gets a (Small) Win

Patrick Smith | June 18, 2019

Paul Ceglia's lawyer says he and his family fled to Florida and pretended to be Amish before finally making it to Ecuador, where he remains safely out of U.S. prosecutors' reach for now.

5 minute read

Latham, 1, Neo-Nazis, 0

Jenna Greene | June 18, 2019

Litigators from Latham & Watkins prevailed on behalf of SiriusXM radio host and comedian Dean Obeidallah, who sued The Daily Stormer's Andrew Anglin for libel in 2017 in the Southern District of Ohio.

3 minute read

Shout-Out: Hueston Hennigan Beats Back Whistleblower Claim Against Caltech

Jenna Greene | June 18, 2019

After a month-long trial, the Los Angeles County Superior Court jury deliberated for less than three hours before finding for the defense across the board.

2 minute read

Daily Dicta: When You Cheat on an Ethics Test, You Know You've Got Problems, KPMG Edition

Jenna Greene | June 18, 2019

“This cheating was extensive,” said SEC Enforcement Division Co-Director Steven Peikin. “Given the nature and severity of the conduct, we thought that seeking an admission of wrongdoing was appropriate.”

3 minute read

In New Suit, Lender Claims Tom Girardi and Wife, 'Real Housewives' Star Erika Jayne, Used Law Firm Loan to Fund 'High-End Lifestyle'

Ross Todd | June 18, 2019

Already facing a lawsuit in Los Angeles state court over a loan from Law Finance Group, Girardi and his firm were hit with another over repayment of a $5-plus million loan from Arizona lender Stillwell Madison. The new suit also names Girardi's wife, "Real Housewives of Beverley Hills" cast member Erika Jayne, claiming that the couple used funds designated for the firm "in order to sustain their lavish lifestyle and maintain their glamorous public image."

4 minute read

Ex-Jones Day Partner Drops Gender Discrimination Suit Against Firm

Ross Todd | June 17, 2019

A spokesman for Jones Day said that former partner Wendy Moore, now a partner in the Palo Alto office of Perkins Coie, had dismissed all claims against the firm in exchange for the return of her capital contribution.

2 minute read

In Fight Over Arbitration with Ex-Partner, Winston & Strawn Gets Big Law Backing at SCOTUS

Tony Mauro | June 17, 2019

Ropes & Gray on Monday filed an amicus brief backing Winston & Strawn, in its fight at the U.S. Supreme Court to compel Constance Ramos, a former partner in California, to arbitrate claims of gender discrimination. The California Court of Appeal sided with Ramos in keeping the dispute in court.

4 minute read

'It's a Mess': Chief Judge Describes Fallout From Dallas Federal Courthouse Shooting

Angela Morris | June 17, 2019

"There were some employees of the clerk's office and United States Attorney's office who were in the line of fire. No one was shot, but one of the assistant U.S. attorneys was injured in the process of ducking to avoid a bullet," said Chief Judge Barbara Lynn

5 minute read

Daily Dicta: Prenda Porn Lawyer Gets 14 Years in Prison for Copyright Shakedown Scheme

Jenna Greene | June 17, 2019

U.S. District Judge Joan Ericksen complimented Hansmeier for being 'smarter than all get-out' before blasting him for his conduct.

7 minute read

Cotchett Pitre Sanctioned for Disclosing Confidential Material in Apple Case

Amanda Bronstad | June 17, 2019

Partner Mark Molumphy was admonished by the judge, but lead counsel Joseph Cotchett will have to ask for court permission before arguing for the plaintiffs in the case going forward.

4 minute read

SCOTUS Rules States and Feds Can Prosecute Someone for 'Same Crime'

Marcia Coyle | June 17, 2019

Ginsburg said in her dissent: "Different parts of the 'WHOLE' United States should not be positioned to prosecute a defendant a second time for the same offense. I would reverse Gamble's federal conviction."

5 minute read

Nokia, Daimler, Continental Ramp Up Global Fight Over Connected Car Patents

Scott Graham | June 14, 2019

Continental made the latest move Wednesday, asking U.S. Magistrate Judge Nathaneal Cousins of San Jose to block Nokia from pursuing patent infringement actions against Daimler in three different German courts.

4 minute read

NY AG Wants Injunction to Block Adoption of Trump Administration 'Conscience Rule'

Dan M. Clark | June 14, 2019

The rule, which is set to go into effect next month, is already the subject of several lawsuits, including one from James that claimed the change would lead to discriminatory practices among health care providers.

4 minute read

8th Circuit Takes Fresh Look at Mandatory Bar Fees in Wake of 'Janus'

Nate Robson | June 14, 2019

A key question was whether the "Janus" ruling involving labor unions applies to a case involving bar membership and dues.

5 minute read

Litigators of the Week: Unlikely Allies Shon Morgan and Steve Berman Share Victory in En Banc 9th Circuit Class Action Ruling

Jenna Greene | June 14, 2019

Quinn Emanuel's Shon Morgan and Hagens Berman's Steve Berman were on opposite sides of the 'v' in settling a massive class action against Hyundai and Kia over fuel economy standards. But when a Ninth Circuit panel unexpectedly voided the deal, they became allies.

12 minute read

Jenna Greene | June 14, 2019

Honorable mention goes to lawyers from Nixon Peabody; Latham & Watkins; Kirkland & Ellis and Mayer Brown.

2 minute read

Opioid MDL Lawyers Seek Nationwide Class Certification for Possible Settlement

Amanda Bronstad | June 14, 2019

The motion sets up an unprecedented "negotiation class" of 24,500 cities, counties and other small governments that want to resolve claims over the opioid crisis.

8 minute read

Alabama AG Voluntarily Dismisses Opioid Case

Amanda Bronstad | June 13, 2019

Alabama Attorney General Steve Marshall moved to voluntarily dismiss his opioid lawsuit after a judge questioned whether he had federal jurisdiction over the case.

4 minute read

EU's Top Court Sides With Google in Rebuffing Germany's Bid to Regulate Gmail

Simon Taylor | June 13, 2019

The ruling means that Google and similar service providers will be able to avoid the vast range of data protection and security obligations that apply to telecommunications companies in Germany.

2 minute read

Facebook Must Face Class Action Over Unwanted Text Messages, 9th Circuit Panel Says

Ross Todd | June 13, 2019

A Ninth Circuit judge wrote that messages received by a non-Facebook user were "automated, unsolicited, and unwanted."

3 minute read

Nasty Emails Pile Up for Lawyer Representing Husband of Missing Conn. Woman

Robert Storace | June 13, 2019

Norm Pattis represents Fotis Dulos, the estranged husband of Jennifer Dulos, a mother of five who went missing 20 days ago.

3 minute read

Federal Agency Watchdog Assails 'Repeat Offender' Kellyanne Conway

Mike Scarcella | June 13, 2019

"If Ms. Conway were any other federal employee, her multiple violations of the law would almost certainly result in removal from her federal position," the U.S. Office of Special Counsel told the Trump White House.

4 minute read

Daily Dicta: How Nixon Peabody's Brian Kelly Crushed the SEC

Jenna Greene | June 13, 2019

When a judge rules from the bench on summary judgment, you know it wasn't a close call.

7 minute read

Law Firms Sued for Malpractice in Pelvic Mesh Suits

Amanda Bronstad | June 12, 2019

A class action alleges that Nagel Rice and the Potts Law Firm filed pelvic mesh lawsuits on behalf of 1,450 plaintiffs with retainer agreements that are invalid under New Jersey law.

5 minute read

1998 All Over Again: Apple, Amazon and Facebook Face Microsoft-Level Antitrust Flashback

Alaina Lancaster | June 12, 2019

Gary Reback, representing Netscape at the time, had a front-row seat when the government built its antitrust case against Microsoft two decades ago.

6 minute read

Florida Judge Warns Carnival Execs She'll Consider Jail Time if Compliance Failures Continue

Sue Reisinger | June 12, 2019

U.S. District Judge Patricia Seitz said she'd consider punishing individual executives with criminal fines and prison time over the world's largest cruise line failing to implement meaningful compliance reforms with a chief compliance officer.

4 minute read

California Jury Awards $12M in Talc Case Against J&J, Colgate-Palmolive

Amanda Bronstad | June 12, 2019

Both Johnson & Johnson and Colgate-Palmolive said they planned to appeal, citing numerous procedural and evidentiary errors.

3 minute read

Trump Court Pick Eskridge Reveals $5M in Quinn Emanuel Partner Pay Since 2017

Nate Robson | June 12, 2019

Charles Eskridge III, a nominee for a seat in the Southern District of Texas, reported earning $2.3 million in 2018.

4 minute read

Litigation Leaders: Skadden's David Zornow on Top Talent, 'Walking Through Walls for Clients' and Joe Flom's Legacy

Jenna Greene | June 12, 2019

'Approach every problem in partnership with the client; think outside the box, don't take the obvious solution; outwork your adversary; act according to the highest ethical standards; and tell your client what you really think.'

11 minute read

After Dumping Covington Team, Michael Flynn Hires Mueller-Critic Sidney Powell

Mike Scarcella | June 12, 2019

Trump's former national security adviser, awaiting sentencing in Washington, will "continue to cooperate with the government in all pending matters."

4 minute read

Urging a Return to 'Professionalism,' California Appeals Court Overturns $1M Default Against Orange County Lawyer

Ross Todd | June 11, 2019

In particular, the court took issue with opposing counsel's use of email to warn of an impending default request, finding the medium "ill-suited for a communication on which a million dollar lawsuit may hinge."

3 minute read

Ex-Partner Reaches Confidential Deal With Milberg in $15M Payment Dispute

Jack Newsham | June 11, 2019

The settlement appears to resolve a financial dispute between Milberg and one of its most high-profile former partners, although another former partner is still litigating against the firm.

3 minute read

Greenberg Traurig Can't Duck $1.3M Suit Over 'Gotti' Film Financing

Dan Packel | June 11, 2019

Critics panned the movie and a judge panned the lawsuit. But unlike bad reviews, a court decision can be overturned on appeal.

3 minute read

Lawyers for Trump Drag Justices Into DC Circuit Subpoena Fight

Mike Scarcella | Tony Mauro | June 11, 2019

The first couple of pages of Trump's opening brief puts a focus on the justices of the U.S. Supreme Court. D.C. Circuit Judges Patricia Millett, Neomi Rao and David Tatel have scheduled argument for July 10.

5 minute read

Nine State AGs Sue to Block Merger of Sprint, T-Mobile

Colby Hamilton | June 11, 2019

New York Attorney General Letitia James called the proposed merger between the two companies a "consumer-harming, job-killing megamerger our antitrust laws were designed to prevent."

4 minute read

Daily Dicta: Why Wilmer Is the Real Winner in Washington AG's Suit Against Comcast

Jenna Greene | June 11, 2019

To hear the Washington state attorney general's office tell it, prosecutors crushed Comcast at trial. They didn't.

8 minute read

Stairway to Heaven' Gets an Encore at Ninth Circuit

Scott Graham | June 10, 2019

An en banc panel will hear the copyright dispute over the first few measures of the 1970s Led Zeppelin classic.

3 minute read

Pepper Hamilton Could Face Sanctions for Discovery Fiasco in Baylor Sex Assault Case

Angela Morris | June 10, 2019

“This violation has caused three months of delay in a case that has already been pending for three years and forced the parties to revisit issues that should have been resolved two years ago," the court wrote.

5 minute read

State Street Judge Has More Questions for Plaintiffs Counsel in $74.5M Fee Request

Amanda Bronstad | June 10, 2019

U.S. District Judge Mark Wolf has scheduled a June 24 hearing about Labaton Sucharow's $4.1 million payment to a Texas lawyer and overbilling by Lieff Cabraser Heimann & Bernstein and Thornton Law Firm.

7 minute read

Daily Dicta: How DWT Litigator Demolished a Shaky Earthquake Law in Portland

Jenna Greene | June 10, 2019

Sometimes it takes a First Amendment lawyer to solve a real estate problem.

6 minute read

Barnes v. Cellino: NY Personal Injury Lawyer Sues Partner's Wife, Daughter Over Trademark Rights

Jack Newsham | June 10, 2019

Stephen Barnes contends the family of his law firm partner is violating trademark laws in an effort to try to steal the business he worked hard to build.

4 minute read

Analysis

When Litigators Get Too Aggressive

Joel Cohen | June 10, 2019

In his Ethics and Criminal Practice column, Joel Cohen discusses cases in which the tenor and context of attorney remarks caused the disciplinary rules or court sanctions to kick in.

9 minute read

How Finnegan IP Litigators Won the Vagisil-Vagisan Trademark Battle

Scott Graham | June 07, 2019

Partner Douglas "Chip" Rettew says the key was a consumer research survey that showed 90% of men and women recognized the Vagisil mark.

4 minute read

Google Can't Dodge Conservative Job Applicants' Class Action

Alaina Lancaster | June 07, 2019

A Superior Court of Santa Clara County judge denied Google's request for demurrer in a case brought by job applicants who say they were discriminated against due to their conservative beliefs and status as a racial majority.

5 minute read