Litigation Daily | Expert Perspectives On The Biggest Cases

AT&T Is 'Punishing Women for Being Pregnant,' Plaintiffs Claim in Class Action

Erin Mulvaney | May 15, 2018

“We do not tolerate discrimination of any kind, including for an employee's gender or pregnancy,” AT&T said in a statement in response to the amended complaint in Indiana federal district court.

4 minute read

Avenatti Says Cohen's Push to Keep Him Out of SDNY Is 'Devoid of Merit'

Colby Hamilton | May 15, 2018

In a filing in support of his pro hac vice application, Stormy Daniels' attorney said he had a First Amendment right to publish financial information about Michael Cohen.

4 minute read

Uber CLO Explains Decision to Scrap Mandatory Arbitration Clauses and NDAs Around Sexual Harassment, Assault

Stephanie Forshee | May 15, 2018

Tony West of Uber explained the rationale behind his company's announcement of new policies on how it deals with claims of sexual harassment and assault.

5 minute read

Q&A

From Hitchhiking Across Africa to International Arbitration Star: A Q&A with Wilmer's Gary Born

Jenna Greene | May 14, 2018

One of the world's top arbitration experts, Wilmer Hale's Gary Born shares how he got his start, his goals as chair of the 70-lawyer practice, the benefits of "double-hatting"--and why he likes planes without wifi.

10 minute read

Was 3-Year Suspension Adequate Discipline for Sexting With Client's Underage Daughter?

Max Mitchell | May 14, 2018

Several ethics attorneys said the disciplinary sentence, which will require Toman to undergo a lot of litigation if he wants to have his license reinstated, shows that the Disciplinary Board is taking these matters seriously.

6 minute read

What Are People Saying About Senate's New Lit Funding Bill?

Amanda Bronstad | May 14, 2018

The bill would require disclosure of third-party litigation funding in class actions and multidistrict litigation within 10 days of a case filing, or 10 days after a funding deal. It would also require disclosure of financing that provides cash to plaintiffs.

6 minute read

Skadden's Michael Scudder Confirmed to 7th Circuit, Succeeding Posner

Mike Scarcella | May 14, 2018

Michael Scudder, whose practice focused on tax-related matters, accounting and white-collar disputes, was the Trump administration's nominee to replace Richard Posner, who retired. Scudder earned $3.06 million in partnership income in 2017, according to a financial disclosure released as part of the confirmation process.

4 minute read

Trump's Move to Ease Sanctions on ZTE Called 'Highly Unusual'

Sue Reisinger | May 14, 2018

“This is highly unusual,” said one law professor who has been focusing his lessons around ZTE. “I've never heard of a politician trying to change [a plea deal] before.”

4 minute read

Morgan Lewis Adds DOJ Health Care, Consumer Antitrust Pro

Ryan Lovelace | May 14, 2018

Ryan Kantor, who was an assistant chief of the health care and consumer products section in the Antitrust Division, joins the firm soon after a trio of Washington antitrust lawyers left Morgan Lewis for Vinson & Elkins.

2 minute read

More Women Accuse Ogletree of Gender Bias in $300M Suit

Scott Flaherty | May 14, 2018

Ogletree Deakins faces allegations of gender bias from a growing number of women who served as shareholders at the labor and employment firm.

5 minute read

Daily Dicta: Stormy Daniels' Made-for-TV Lawyer

Jenna Greene | May 14, 2018

It's not just you: Michael Avenatti is on TV constantly. But in an era where cable news is our town hall and Twitter our forum for public discourse, Avenatti—with his bronzed skin and tailored suits, dispensing sound bites or yelling that his opponents are thugs—shines.

8 minute read

Russian Business Entity Rips Mueller's Charges as 'Make-Believe'

C. Ryan Barber | May 14, 2018

Reed Smith, representing the Russian entity Concord Management and Consulting, said in a new court filing: "A foreign corporation with no presence in the United States is indicted in an unprecedented case of a type never before brought by the DOJ for conspiring to defraud the United States purportedly by not complying with certain regulatory requirements that are unknown even to most Americans."

4 minute read

U.S. Supreme Court, Divided, Buys Into Sports Betting in NJ and Beyond

Tony Mauro | May 14, 2018

The justices in Murphy v. National Collegiate Athletic Association found the 1992 Professional and Amateur Sports Protection Act infringed on state sovereignty. The decision could transform sports and sports gambling from coast to coast.

4 minute read

Editor's Letter

Litigator of the Week FAQs

Jenna Greene | May 13, 2018

An overivew of the weekly Litigator of the Week feature.

1 minute read

Baker Donelson Duo Tied to $100M Ponzi Scheme in Mississippi

Scott Flaherty | May 11, 2018

A lobbyist and a lawyer at Am Law 100 firm Baker Donelson operate an investment business that appears to have loaned money, including investments by a U.S. senator, to an admitted Ponzi schemer.

5 minute read

Patent Owner Launches Takings Class Action in Wake of SCOTUS Ruling

Scott Graham | May 11, 2018

Heninger Garrison Davis serves up a challenge to AIA proceedings that Justice Clarence Thomas refused to rule out.

4 minute read

Silver, in Retrial, Found Guilty on All Counts of Corruption

Colby Hamilton | May 11, 2018

The former head of the state Assembly was accused of honest services fraud, extortion, and other corruption crimes.

5 minute read

Expert Opinion

Takeaways From Four Recently Rejected Class Action Settlements

Terence N. Hawley | Joshua D. Anderson | May 11, 2018

Approval is not a given, and these cases illustrate some of the important factors practitioners should consider in connection with proposed class settlements in an environment of heightened scrutiny.

10 minute read

Attorney Claims in Court Filing He Talked to Cohen About Two Schneiderman Victims

Colby Hamilton | May 11, 2018

In a letter to Judge Kimba Wood, attorney Peter Gleason asked for an injunction to stop a memorialized communication between him and Cohen, which the government may have in its possession, from becoming public.

8 minute read

6 Cases We're Watching From the Supreme Court's Latest Conference

Marcia Coyle | May 11, 2018

A "spoofing" challenge under Dodd-Frank. GM fights a damages-only retrial. Guns are back. These are some of the cases and issues we're watching for any action at the Supreme Court from its latest conference.

5 minute read

Profile

Litigators of the Week: A Compassionate—But Effective—Product Liability Defense

Robert Storace | May 11, 2018

When Boehringer Ingelheim was hit with a new wave of suits over its blood thinner Pradaxa, it changed course and decided to fight, tapping Covington & Burling's Phyllis Jones and Butler Snow's Rod Richmond Sr.

5 minute read

Dechert, ACLU Seek Fees for Work on Kris Kobach Contempt Action

Mike Scarcella | May 11, 2018

The senior lawyers for the plaintiffs were Neil Steiner, a Dechert white-collar partner in New York; Dale Ho, director of the ACLU Voting Project; and Stephen Bonney, former legal director of the Kansas ACLU. Kris Kobach, the Kansas secretary of state, has appealed a judge's contempt ruling.

4 minute read

Mikal Watts Sued as Lawyers Fight Over $1.51B Syngenta Settlement

Amanda Bronstad | May 10, 2018

The complaints come as the judge preliminarily approved the settlement on behalf of a class of more than 600,000 farmers who alleged Syngenta sold genetically modified corn seed that China refused to import.

8 minute read

Phila. Jury Hits Police Officer With $10M Verdict for Wrongful Arrest

Max Mitchell | May 10, 2018

A Philadelphia jury has awarded $10 million to a man who spent more than three years in jail after allegedly being falsely accused of shooting at a police officer.

4 minute read

Plaintiffs Pitch Dueling Visions, One Big & One Small, to Judge in iPhone MDL

Ross Todd | May 10, 2018

The judge overseeing claims Apple deliberately slowed older iPhones heard leadership pitches in front of a courtroom full of about 40 lawyers Thursday, with another 10 or so on the phone.

4 minute read

Man Charged With Assaulting Paralegal in Fulton Courthouse Elevator Denied Bond

Kristen Rasmussen | May 10, 2018

Ruben Eric Washington faces two felony aggravated assault charges over the alleged attack. A criminal defense attorney who was in the courthouse, Michael Katz, told the Daily Report how he intervened to help stop the incident.

3 minute read

Litigation No Substitute for Settlement, Says Opioid MDL Judge

Amanda Bronstad | May 10, 2018

In a marked shift from the first hearing in the opioid litigation, a federal judge praised lawyers for getting closer to reaching a global settlement…

5 minute read

Daily Dicta: Wait, Elliott Broidy Hired Michael Cohen... Because Why?

Jenna Greene | May 10, 2018

One of these things is not like the others: Boies Schiller Flexner. Arnold & Porter. Gibson, Dunn & Crutcher. Winston & Strawn. Michael D. Cohen & Associates. But they've all counted Elliott Broidy as a client.

7 minute read

11th Circuit Nixes Class Status for More Than 1M Wells Fargo Overdraft Plaintiffs

Greg Land | May 10, 2018

Overturning a Florida district court, the U.S Court of Appeals for the Eleventh Circuit ruled that Wells Fargo did not waive its rights to compel arbitration when it agreed to defend in court five putative class actions over the way it calculated overdraft charges.

4 minute read

2 New Suits Challenge Gig Worker Classification, And This Is Just the Beginning

Erin Mulvaney | May 10, 2018

The predicted spike in worker classification litigation—following the California Supreme Court's big gig economy ruling—is beginning. Two new suits challenge how Lyft and Postmates classify their workforce.

5 minute read

Giuliani Resigns From Greenberg Traurig for 'All-Consuming' Trump Role

Christine Simmons | May 10, 2018

After taking an unusual unpaid leave from the firm to represent the president, Rudy Giuliani and Greenberg Traurig have fully parted ways.

5 minute read

Daily Dicta: For Winston & Strawn, a Dog of a Case

Jenna Greene | May 09, 2018

The plaintiffs allege that a long list of canned dog food with yummy-sounding names like American Grill Burger Dinner with Real Bacon & Cheese Bits in Gravy also contain pentobarbital—which is what vets use to put animals to sleep.

7 minute read

Cohen's Attorneys Say Avenatti Shouldn't Be Allowed to Appear in Manhattan Federal Court

Colby Hamilton | May 09, 2018

In a letter filed late Wednesday, McDermott Will & Emery partner Stephen Ryan said recent statements made by Stormy Daniels' attorney, based on documents he has no right possessing, show he should not be granted his application for pro hoc vice in the Southern District.

4 minute read

In Gender Discrimination Case, Twitter Says There's No Certifiable Class or Viable Lead Plaintiff

Ross Todd | May 09, 2018

Twitter's lead lawyer, Orrick's Lynne Hermle, told a state court judge in San Francisco that the plaintiff couldn't show that the company's promotion practices caused a disproportionate number of women software engineers to be passed over for promotions.

4 minute read

Katten Adds 5 Lawyers in Dallas, Including White-Collar Defense Duo, Former Federal Judge

Brenda Sapino Jeffreys | May 09, 2018

The group joining Katten Muchin Rosenman's Dallas office on Wednesday includes former U.S. District Chief Judge Jorge Solis of the Northern District of Texas.

4 minute read

Ex-Simpson Thacher Clerk Gets 37 Months in Insider Trading Resentencing

Dan Packel | May 09, 2018

Steven Metro was charged with stealing stock tips from Simpson Thacher and scribbling them on small pieces of paper that his accomplice chewed up to destroy the evidence.

4 minute read

Trump Administration Backs Apple in Supreme Court Antitrust Suit Over Apps

Marcia Coyle | May 09, 2018

"The importance of the question presented will only grow as commerce continues to move online," the U.S. Department of Justice told the Supreme Court in an amicus brief backing Apple Inc.'s position in a closely watched antitrust case.

5 minute read

Ex-US Attorney, Bryan Cave Accused of Cover-Up in Legal Fallout From 2008 LabMD Hack

Scott Flaherty | May 09, 2018

LabMD, a medical testing company mired in legal battles, alleges that Mary Beth Buchanan and Bryan Cave Leighton Paisner concealed key information in an FTC consumer protection case.

6 minute read

JPMorgan Loses Another Ruling in Labor Department's Gender Pay Discrimination Case

Mike Scarcella | May 09, 2018

Lawyers for JPMorgan, represented by McGuireWoods, argued that the Labor Department waited too long to tell the bank about alleged gender-based compensation allegations. An administrative law judge ruled for labor enforcers.

4 minute read

Schneiderman Hires Lawyer Known for Criminal Fraud, Assault Cases

Christine Simmons | May 09, 2018

The former AG has retained Isabelle Kirshner, a prominent New York defense attorney whose law firm, Clayman & Rosenberg, has often represented lawyers in criminal cases.

3 minute read

Rosenstein: DOJ, in Policy Shift, to Avoid 'Pile-On' Penalties in White-Collar Enforcement

Colby Hamilton | May 09, 2018

During a speech in Manhattan on Wednesday, Deputy Attorney General Rod Rosenstein said the department wanted to go after individual wrongdoing at companies to deter future bad actors—not simply force companies into big civil settlements.

4 minute read

McKool Smith Attorney Convinces Delaware Court that $10M Policy Covers Trade Secrets Case

John Council | May 09, 2018

A McKool Smith lawyer recently helped convince a Delaware Court that a $10 million insurance policy his hotel chain client purchased from National Union Fire Insurance Company should cover his defense costs of a trade secrets case—even though the policy excluded trade secrets claims.

3 minute read

Judges Raise Concerns About Proposal to Open Up Their Settlements

Cheryl Miller | May 08, 2018

"Some CJA members have expressed concern that the disclosure of settlement agreements would be contrary to the understanding that the agreements would remain confidential despite case law interpreting" open records rules, the California Judges Association said in a comment about the proposal.

3 minute read

3 Things to Watch For at Potentially Contentious 9th Circuit Confirmation Hearing

Ross Todd | May 08, 2018

Ryan Bounds, an assistant U.S. attorney from Oregon, has been nominated for the Ninth Circuit bench by President Donald Trump despite the fact his home-state senators oppose him.

5 minute read

Daily Dicta: Five Firms Going Above and Beyond on Pro Bono

Jenna Greene | May 08, 2018

A salute to five firms that are tackling big-time pro bono cases.

9 minute read

Underwood, Hailed as 'Brilliant,' Takes Helm as Acting NY AG at Critical Hour

Colby Hamilton | May 08, 2018

It's only the latest role for the well-respected litigator, who's worked in state, district and U.S. attorney offices, and operated in local courts in Brooklyn as well as appearing before the U.S. Supreme Court some 20 times.

4 minute read

With Schneiderman's Downfall, #MeToo Grips the Legal World

Scott Flaherty | May 08, 2018

New York Attorney General Eric Schneiderman's resignation adds another name to the list of prominent male figures in the legal world who have fallen from grace in the wake of #MeToo.

5 minute read

Quinn Emanuel Adds Lead Prosecutor in Boston Bomber Case

Ryan Lovelace | May 08, 2018

Former Acting U.S. Attorney William Weinreb is the latest addition to Quinn Emanuel's newly launched Boston office.

3 minute read

Twitter Heads to Court to Fight Class Claims of Discriminatory Promotion Practices

Erin Mulvaney | May 08, 2018

"Holding companies accountable for systemically keeping underrepresented groups out of these leadership positions is an important step in achieving that balance,” plaintiff Tina Huang said.

6 minute read

Accusations of Assault Open Schneiderman to Possible Criminal Charges

Colby Hamilton | May 08, 2018

Defense attorneys outlined the various misdemeanor and felony charges Schneiderman could be exposed to—if someone were to press charges.

5 minute read

Sally Yates Launches Investigations Practice as King & Spalding Partner

Meredith Hobbs | Ryan Lovelace | May 08, 2018

The former DOJ official and hero to Trump critics said she's ready to return to practicing law. “I know other people sort of have political ambitions for me—but for me, I'm a lawyer,” Yates said.

8 minute read

Schneiderman's Resignation Sets Succession Process In Motion

Colby Hamilton | May 07, 2018

The state legislature is empowered to collectively pick a replacement to serve the remainder of Schneiderman's term.

3 minute read

Judge in Opioid Cases Orders Disclosure of Litigation Financing

Amanda Bronstad | May 07, 2018

A federal judge overseeing the multidistrict litigation over the opioid epidemic has ordered lawyers to disclose all third-party financing arrangements in their cases.

6 minute read

Cleared of Criminal Charges, Judge Still in Ethics Jam Over Harboring Boyfriend

Charles Toutant | May 07, 2018

Carlia Brady has been accused of breaking four canons of the Code of Judicial Conduct based on her dealings with police when they sought to arrest her then-boyfriend on an armed robbery charge in 2013.

4 minute read

Kirkland Subtenants Point Fingers at Each Other in Manhattan Rent Spat

Christine Simmons | May 07, 2018

Less than half-a-million dollars in unpaid rent may seem like barely a rounding error for Kirkland & Ellis, which generated $3.165 billion last year. But the firm isn't giving up.

4 minute read

Reed Smith Team Puts Early Squeeze on Mueller Prosecutors in Russia Case

C. Ryan Barber | May 07, 2018

Prosecuting a foreign individual or company in U.S. federal court can pose challenges for the government in any case. The special counsel's prosecution of Russian business entities and individuals has proven no exception. A team from Reed Smith is putting early pressure on Robert Mueller's prosecutors.

5 minute read

Ninth Circuit Holds Maricopa County Liable for Former Sheriff's 'Racially Discriminatory Policing'

Ross Todd | May 07, 2018

The county had argued that it couldn't be held liable for the policies of former Sheriff Joe Arpaio whose office routinely targeted Latinos with traffic stops to screen for federal immigration law violations.

3 minute read

Perkins Coie, Bracewell Targeted in Malpractice Suit Over IP Licensing Deal

Scott Flaherty | May 07, 2018

A company that developed technology for "spread trading" claims its lawyers at Perkins Coie and Bracewell led it into a contract that failed to protect its interests against Morgan Stanley.

3 minute read

Fifth Circuit Sanctions Austin Attorney for Filing Frivolous Appeal

Mary Alice Salmon | May 07, 2018

Austin solo Omar Rosales, who already had been hit with more than $175,000 in sanctions for making false and abusive statements about opposing counsel during Americans with Disabilities Act litigation, faces additional sanctions.

3 minute read

For Kennedy Cousin Skakel, a Gold-Plated Standard for Ineffective Assistance of Counsel

Jenna Greene | May 07, 2018

As the saying goes, if your lawyer has a pulse, it's not ineffective assistance of counsel. Unless you're Kennedy cousin Michael Skakel, who just had his conviction for murdering Martha Moxley in 1975 overturned.

8 minute read

Jay-Z's Attorney Says SEC Pursuit of Open-Ended Testimony a 'Celebrity Hunt'

Colby Hamilton | May 07, 2018

Last week, the SEC filed suit against the world-famous rapper in the Southern District of New York, requesting the court compel him to testify in an investigation over the company he sold his Rocawear clothing line to in 2007.

3 minute read

Wells Fargo Settles Securities Class Actions Over Fake Accounts for $480M

Ben Hancock | May 04, 2018

It's the largest payment the bank has agreed to make so far since the scandal broke in 2016. But Wells Fargo is not out of the woods yet.

2 minute read

In Apple MDL Leadership Fight, a Contrast in Styles

Amanda Bronstad | May 04, 2018

The pitches for lead plaintiffs counsel pit Steve Berman and a few lawyers at Hagens Berman Sobol Shapiro against a 40-lawyer coalition led by Joseph Cotchett, of Cotchett, Pitre & McCarthy, and Laurence King of Kaplan Fox & Kilsheimer.

5 minute read

Court of Appeal Tosses Verdict Because of Prosecutor's Bias Against Gay Jurors

Ross Todd | May 04, 2018

The Third District Court of Appeal in California tossed a criminal conviction in a case where a prosecutor used peremptory strikes on two gay jurors claiming that they'd be biased against a witness—a closeted gay man.

4 minute read

In Brief

Former Quinn Emanuel Secretary Agrees to Drop Race Bias Suit

Christine Simmons | May 04, 2018

The firm appears to have reached a settlement with plaintiff Spencer Marin, who claimed he was subjected to racial slurs during a high-profile patent trial in Apple v. Samsung.

3 minute read

Fox News Names New GC as Former Top Lawyer Remains on 'Voluntary Personal Leave'

Stephanie Forshee | May 04, 2018

Lily Fu Claffee, the new general counsel at Fox News, comes to the network from the U.S. Chamber of Commerce.

3 minute read

MoFo 'Between Disappointed and Angry' Over 'Mommy Track' Lawsuit

Gina Passarella Cipriani | May 04, 2018

"It's just not who we are," Morrison & Foerster chair Larren Nashelsky said of a lawsuit claiming it holds back pregnant women and mothers.

5 minute read

Meeting the Challenge of the Legal Aid Crisis

John G. Levi, Kenneth C. Frazier | Harriet Miers | May 04, 2018

The opioid crisis and the recent spate of natural disasters present new challenges to already overburdened civil legal aid providers.

1 minute read

Citing 'Potential Conflicts,' Greenberg Traurig Says Giuliani on Unpaid Leave

Christine Simmons | May 04, 2018

Rudy Giuliani's leave of absence lets Greenberg Traurig avoid representing the president without saying goodbye to its most high-profile lawyer.

9 minute read

Plaintiffs Attorneys Overcome Key Obstacle to Land $7.2M Accident Settlement

Greg Land | May 04, 2018

Attorney Joe Fried said the case did not seem promising because the deceased was stuck in the roadway after hitting another vehicle, and police did not find that the defendant truck driver did anything wrong.

5 minute read

Daily Dicta: Litigator of the Week: America's Dad Found 'Guilty, Guilty, Guilty'

Jenna Greene | May 04, 2018

On leave from her new job as an associate at Stradley Ronon Stevens & Young, Kristen Gibbons Feden turned the tables on Bill Cosby and his high-profile defense team.

10 minute read

$3M Age-Bias Settlement Compensates Restaurant's Unsuccessful Job Applicants

Erin Mulvaney | May 03, 2018

Courts of appeals are split on whether companies can be held liable for discriminating against older job seekers based on age. Seasons 52, represented by Seyfarth and Akerman, did not admit wrongdoing in the EEOC settlement.

4 minute read

LA Judge Clears Path for J&J Motion to Toss Talc Plaintiffs' Calif. Cases

Amanda Bronstad | May 03, 2018

A LA judge has tentatively cleared the way for a Johnson & Johnson motion to toss out about 100 out-of-state plaintiffs from the coordinated talcum powder litigation in California in light of the U.S. Supreme Court's jurisdictional decision last year in Bristol-Myers Squibb v. Superior Court of California.

4 minute read

Daily Dicta: You're a Brave Man, Mr. Flood

Jenna Greene | May 03, 2018

After months of hearing about a veritable parade of white collar stars who declined to represent President Trump in the Russia investigation, Emmet Flood finally took the bait. Will he escape the Trump curse?

7 minute read

Equifax Judge Warns Lawyers to Limit Record-Sealing Requests

R. Robin McDonald | May 03, 2018

U.S. District Chief Judge Thomas Thrash issued a 34-page protective order in the Equifax data breach multidistrict litigation but warned lawyers and their clients that they should treat documents filed in the case as "presumptively public" and use their "best efforts" to limit confidential filings.

4 minute read

Live Coverage

Jed Rakoff: Only the "Relatively Rich" Can Afford to Hire a Lawyer

Jed Rakoff | May 03, 2018

Judge Rakoff, in his Learned Hand Award speech at the Federal Bar Council's Law Day dinner, said: We cannot blind ourselves to the failure of our profession to provide affordable legal services to what is probably a majority of our fellow Americans. What is needed is a global solution.

10 minute read

Marc Mukasey Says He Won't Follow Giuliani To Trump Legal Team

Christine Simmons | May 03, 2018

Mukasey said he will remain at Greenberg Traurig, which removed Rudy Giuliani from its website this week.

3 minute read

SEC Asks Federal Court to Compel Jay-Z to Testify

Colby Hamilton | May 03, 2018

Regulators want to talk to the rapper about Iconix, the company he sold his clothing line Rocawear to in 2007.

2 minute read

Ex-Pro Football Player Received Workers' Comp Benefits. After Appearing On Survivor, He May Have To Give Them Back.

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 03, 2018

The Ninth Circuit found that an insurer could proceed with its lawsuit to claw back its $175,000 workers comp payout to Brad Culpepper, a former member of the Chicago Bears.

5 minute read

What Campaign Finance Lawyers Are Saying About Giuliani's Stormy Comments

C. Ryan Barber | May 03, 2018

"They funneled through a law firm, and the president repaid it," Giuliani told Hannity last night, setting off a storm of debate over the $130,000 payment. We've rounded up some observations from campaign finance lawyers.

7 minute read

New Wave of Class Actions Blame Opioid Industry for Rising Health Insurance Costs

Amanda Bronstad | May 02, 2018

The suits, filed in five states, were brought by individual persons against opioid manufacturers and distributors, and are among the few class actions filed against drugmakers and marketers.

5 minute read

Black Men Arrested at Philadelphia Starbucks Settle With City

Michael Booth | May 02, 2018

The two men will accept $1 each as a token settlement, along with an apology from the city, which also has agreed to set aside $200,000 to fund a program aimed at assisting young entrepreneurs, according to news reports.

3 minute read

Second Circuit Revives Muslims' 'No-Fly' Suit, Finding Federal Agents Individually Liable

Colby Hamilton | May 02, 2018

The finding came in a reversal and remand of a district court's dismissal of a suit brought by Muslim plaintiffs who claimed they'd been added to the federal no-fly list after refusing to become government informants.

4 minute read

Employment Lawyers Await Ruling as SCOTUS Mulls Class Action Waivers

Miriam Rozen | May 02, 2018

As the clock ticks on the current Supreme Court term, labor and employment lawyers from both the plaintiffs and defense bars are watching closely for a ruling in Epic Systems v. Lewis.

5 minute read

Yale Law Students Take Sessions to Court As Part of Litigation Partnership with San Francisco

Michael Marciano | May 02, 2018

Alisa Tiwari, a participant in Yale's San Francisco Affirmative Litigation Project, is part of a team challenging the Department of Justice's repeal of guidance calling for less stringent treatment of poor, young and disabled Americans, as well as people of color.

4 minute read

Potential $1B Class Action Against FPL Over Hurricane Power Outages Survives

Samantha Joseph | May 02, 2018

Plaintiffs are asking the court to find gross negligence and breach of contract over FPL's monthly "storm surcharge."

3 minute read

Former Roberts Clerk Jeffrey Harris Joins Consovoy's Growing Litigation Boutique

Marcia Coyle | May 02, 2018

Harris, formerly at Kirkland & Ellis before joining the Trump administration, said he was drawn to Consovoy McCarthy Park's "amazingly diverse" practice.

4 minute read

Daily Dicta: Game, Set and Match for King & Spalding in Xerox Merger Case

Jenna Greene | May 02, 2018

Faced with a devastating court ruling, Xerox on Tuesday threw in the towel, firing its CEO and half of its board of directors to resolve a proxy contest. It's a stunning victory for King & Spalding lawyers and their client Darwin Deason.

9 minute read

The Women Warriors Behind Gilead's Huge Federal Circuit Win

Jenna Greene | May 02, 2018

Fish & Richardson partner Juanita Brooks, a titan of the IP bar, has been practicing for 40 years. This is the first time she's had a case where both her courtroom team and the in-house lawyers have all been women.

4 minute read

In Another Exit, Trio of Litigators Leave Keker to Launch Boutique

Xiumei Dong | May 01, 2018

Keker, Van Nest & Peters, which has lost a few notable partners in recent months, has watched three more lawyers head for the door to start a new Bay Area-based boutique called Kwun Bhansali Lazarus.

4 minute read

Plaintiffs Lawyers in Flint Water Litigation Escalate Fight Over Fees, Clients

Amanda Bronstad | May 01, 2018

Ted Leopold and Michael Pitt, co-lead counsel for the lead class action brought on behalf of Flint residents, have asked U.S. District Judge Judith Levy, who is based in Ann Arbor, Michigan, to remove Hunter Shkolnik as one of two lawyers serving as liaison counsel to the individual cases.

7 minute read

Latham Poaches IP Litigator Tara Elliott From Wilmer

Scott Graham | May 01, 2018

She brings experience and connections from the busy District of Delaware and the Federal Circuit.

4 minute read

Data Breach That Revealed Client File Sparks Legal Malpractice Action

Charles Toutant | May 01, 2018

A matrimonial attorney and her firm are facing a malpractice suit in state Superior Court in Morris County, New Jersey, after litigation over a divorce was disrupted by a data breach.

4 minute read

Daily Dicta: David Boies on Backpage, Pro Bono and Why He Became a Lawyer

Jenna Greene | May 01, 2018

It's already taken thousands of hours and millions of dollars, but David Boies is determined to hold Backpage.com accountable for sex trafficking children.

9 minute read

Citing Safety, Woman Seeks to Keep Anonymity in NRA Lawsuit

Dara Kam, News Service of Florida | May 01, 2018

Saying she fears for her safety, a young woman who wants to join the National Rifle Association's challenge to a new Florida law that made it illegal to sell guns to anyone under age 21 is asking a federal court to keep her identity secret.

6 minute read

Mintz Levin Adds Practice Leader, White-Collar Pro From Haynes and Boone

Christine Simmons | May 01, 2018

David Siegal, best known for obtaining a high-profile defense victory for private equity financier Benjamin Wey, co-led the government enforcement and litigation practice at Haynes and Boone.

2 minute read

Without Accidents, Aviation Law Grows in New Areas

Pamela C. Hicks | May 01, 2018

When I first started working on aviation cases 20 years ago, it was not uncommon for my time to be spent defending lawsuits related to commercial airline…

6 minute read

Chart

Top 100 Verdicts 2017: Chart

VerdictsSearch | April 30, 2018

A multi-billion dollar verdict involving breaches of fiduciary duty scores the top award in the 2017 list by NLJ-affiliate VerdictSearch.

1 minute read

Daily Dicta: Kicked Out of the Robe: Will Judges Be Targeted with Recall Campaigns?

Joshua Spivak | April 30, 2018

Historically, there has been an aversion to recalling judges. That may be changing.

6 minute read

Top 100 Verdicts: Appeal to Jurors' Emotions

John Schneider | April 30, 2018

A multi-billion dollar verdict involving breaches of fiduciary duty scores the top award in the 2017 list by NLJ-affiliate VerdictSearch.

9 minute read

Tearing Down the House that Richard Cordray Built

C. Ryan Barber | April 30, 2018

While some have described the CFPB as in a state of “radio silence” since late November, others said the agency's attorneys have perked back up and are pushing forward with investigations begun before Mick Mulvaney took control.

7 minute read

Former Autonomy CFO Found Guilty After 3-Month Fraud Trial

Ross Todd | April 30, 2018

A 12-member jury returned a guilty verdict against Sushovan Hussain on all 16 counts of wire and securities fraud after a three-month trial and one week of deliberations.

3 minute read

Increasingly, Courts Scrutinizing Lawyers' Social Media Activity

Charles Toutant | April 30, 2018

The recent New Jersey case of a lawyer whose excuse for missing a filing deadline was proved false by vacation photos she posted on Instagram is part of a growing body of cases in which lawyers and judges faced scrutiny over their social media postings.

4 minute read

Porn Star Stormy Daniels Sues Trump Over Tweet

The Associated Press | April 30, 2018

At issue is a tweet President Donald Trump made in which he dismissed a composite sketch that Stormy Daniels says depicted a man who threatened her in 2011 to stay quiet about her alleged sexual encounter with Trump.

4 minute read

Ex-Wilmer Practice Leader, SDNY No. 2 Joins Up With George Soros

Meghan Tribe | Christine Simmons | April 30, 2018

Boyd Johnson III, co-chair of the firm's investigations and criminal litigation practice at Wilmer Cutler Pickering Hale and Dorr and a former No. 2 at the U.S. attorney's office in Manhattan, is poised to become general counsel at Soros Fund Management LLC.

3 minute read

Randy Evans to Leave Dentons, Following Gingrich

Meredith Hobbs | April 30, 2018

Evans tendered his resignation on Friday, less than two weeks after fellow GOP stalwart Newt Gingrich also said he was leaving the global megafirm.

4 minute read

US Supreme Court Finally Takes a 'Cy Pres' Case, and This One Involves Google

Marcia Coyle | April 30, 2018

Chief Justice John Roberts Jr., writing in a 2013 case, said cy pres relief raised "fundamental concerns." The Google settlement involved funds distributed to third parties, with no compensation to the class.

3 minute read

'Mommy Track Is a Dead End' at MoFo, Associates Claim in New Lawsuit

Scott Flaherty | April 30, 2018

The proposed class action is the latest gender bias case brought by plaintiffs firm Sanford Heisler Sharp, whose other law firm targets have included Proskauer Rose, Chadbourne & Parke and Sedgwick.

5 minute read

The Big Law Boomerang That Brings In-House Attorneys Back to Firms

Lizzy McLellan | April 27, 2018

What makes corporate counsel return to law firm work?

7 minute read

Late-Filing Lawyer's Excuse Undone by Vacation Photos on Instagram

Charles Toutant | April 27, 2018

A federal judge in New Jersey has imposed a $10,000 sanction on a lawyer whose excuse for missing a court filing deadline was refuted by vacation photos on her Instagram account.

5 minute read

Attorney's Slander Claims Against Dissatisfied Client May Proceed, Judge Says

Andrew Denney | April 27, 2018

Litigants, take heed: If you're not happy with your attorney's performance, you may want to be careful about how you express your dissatisfaction.

4 minute read

Did Outdated Strategy Doom Bill Cosby's Defense?

Lizzy McLellan | April 27, 2018

Cosby's lawyers tried to attack the credibility of his accusers. That strategy may not work so well anymore, other attorneys said.

6 minute read

Split Verdict in Tex McIver Murder Trial Rattles Defense Bar

R. Robin McDonald | April 27, 2018

Lawyers took to social media to decry the verdict as inconsistent in acquitting former Fisher & Phillips partner Tex McIver of malice murder but convicting him of felony murder.

1 minute read

Judge Scraps Manafort Suit Seeking to Restrain Robert Mueller

C. Ryan Barber | April 27, 2018

U.S. District Judge Amy Berman Jackson in Washington, turning down Paul Manafort's civil suit against Robert Mueller, declined to reach the merits of the legitimacy of his appointment order leading the Russia investigation.

4 minute read

Profile

Litigators of the Week: An Antitrust Unicorn—With $800M on the Line

Tom McParland | April 27, 2018

“Class actions and antitrust cases never go to trial. Most people don't want to take the risk,” said David Lender, co-chair of Weil's litigation department. “It's the client willing to go to the mat.”

5 minute read

Age Discrimination Law Protects Applicants, Not Just Employees: US Appeals Court

Erin Mulvaney | April 26, 2018

Dale Kleber's lawsuit in Illinois tested the scope of the Age Discrimination in Employment Act. Kleber, a lawyer, sued CareFusion Corp. after he was rejected for an in-house counsel post. The Seventh Circuit on Thursday revived his claims.

5 minute read

Court Rejects Bias Suit by Bar Patron Who Says 'MAGA' Hat Got Him Bounced

Andrew Denney | April 26, 2018

A judge bounced a lawsuit filed by man who alleged he was thrown out of a Manhattan bar for wearing a “Make America Great Again” hat, rejecting the argument that the bar patron was discriminated against on the basis of creed.

4 minute read

In Fee Fight With Former Client, LA Boutique Beats Back $100K Arbitration Award

Ross Todd | April 26, 2018

The Second District Court of Appeal sided with Baker Marquart in nixing a $100,000-plus arbitration award over a contingency fee dispute with a former client.

4 minute read

Ex-Judge Jones Appointed Special Master Overseeing Cohen Privilege Review

Colby Hamilton | April 26, 2018

A 17-year veteran of the Southern District of New York, Bracewell partner Barbara Jones was tapped Thursday to handle the review of privilege claims by President Donald Trump, the Trump Organization and Trump's personal attorney, Michael Cohen.

6 minute read

MoFo Study Shows Litigation Top Concern for Consumer Products Orgs

Stephanie Forshee | April 26, 2018

Litigation exposure was followed by protection of brand equity and privacy and data security.

3 minute read

Daily Dicta: Atop the Am Law 100, One of These Firms Is Not Like the Others

Jenna Greene | April 26, 2018

Year after year, the most profitable firms are invariably New York corporate/ M&A powerhouses. Mid-size firms that focus more on litigation tend to lag far behind. But then, there's Quinn Emanuel Urquhart & Sullivan, a testament that litigation alone can also be wildly lucrative.

7 minute read

Cosby Lawyer Vows 'Fight Is Not Over' After Guilty Verdict

Lizzy McLellan | April 26, 2018

Montgomery County District Attorney Kevin Steele nodded toward the #MeToo movement after the sexual assault verdict, saying there's now "remarkable awareness of how these crimes have been covered up and papered over" in the past.

10 minute read

AARP, States File to Intervene in DOL Fiduciary Appeal

Melanie Waddell | April 26, 2018

“AARP is not giving up on our fight to make sure that hard-earned retirement savings have strong protections," said AARP's LeaMond.

1 minute read

SCOTUS Gives Prized Nod to Arnold & Porter's Lisa Blatt at Travel Ban Argument

Tony Mauro | April 26, 2018

Justice Breyer's reference to Blatt, a veteran advocate who leads Arnold & Porter's appellate and Supreme Court practice, is a nearly priceless compliment within the Supreme Court community.

4 minute read

Court Affirms Dismissal of Skiing Accident Lawsuit in First-Impression Case

P.J. D'Annunzio | April 25, 2018

The Pennsylvania Superior Court has rejected an appeal by a man injured at a ski resort in the Allegheny Mountains, ruling in a case of first impression that wheel ruts on a ski slope are an inherent risk associated with the activity of downhill skiing.

3 minute read

Daily Dicta: Watch Out—There's a New Cyber Cop on the Beat

Jenna Greene | April 25, 2018

The SEC fined Altaba, formerly known as Yahoo! Inc., $35 million to settle charges that it misled shareholders by failing to disclose a massive data breach in 2014.

8 minute read

Special Master Finds Legal Fee Bid Excessive in Anthem Data Breach Case

Scott Flaherty | April 25, 2018

A special master, appointed by Judge Lucy Koh, was highly critical of a legal fee request in a $115 million settlement of data breach litigation against Anthem.

3 minute read

Despite Status Quo in Oil States Decision, SCOTUS Shakes Up Patent Litigation

Scott Graham | April 25, 2018

After Tuesday's ruling in SAS Institute v. Iancu, petitioners face a higher risk of getting a final written decisions finding challenged patent claims valid, leaving them estopped from fighting in district court.

6 minute read

Manhattan US Attorney Berman Will Remain, SDNY Court Says

Colby Hamilton | April 25, 2018

Berman, who was neither nominated by President Trump nor confirmed by the U.S. Senate, was set to see his term as an appointee end next week.

4 minute read

Lucasfilm Wins Early Battle With App Maker Over 'Sabacc' Trademark

Ross Todd | April 25, 2018

In the "Star Wars" universe, Han Solo won the iconic Millennium Falcon spaceship by beating Lando Calrissian in a game of Sabacc. In court, Lucasfilm beat back a motion to dismiss its trademark lawsuit against Ren Ventures.

3 minute read

Golf Course Called Police on Black Lawyer Who Knows Her Way Around Civil Rights Law

Angela Morris | April 25, 2018

Sandra Thompson operates a solo firm in York, practicing civil rights, criminal defense, family law, immigration, incorporation, landlord-tenant and personal injury law.

4 minute read

Skadden's Pat Fitzgerald Representing 'Best Friend' Jim Comey

Roy Strom | April 25, 2018

A pair who became best buddies at the U.S. attorney's office in Manhattan have officially reunited as a lawyer-client combo.

3 minute read

Why Judge John Bates Embraced 'Undocumented' Over 'Illegal' in DACA Ruling

Mike Scarcella | April 25, 2018

In his ruling against the Trump administration's move to rescind the DACA immigration program, U.S. District Judge John Bates explained, in a footnote, his reasons for choosing "undocumented" over "illegal."

4 minute read

Trump's Statements on Travel Ban Dominate Supreme Court Arguments

Marcia Coyle | April 25, 2018

"The president could have distanced himself [from his statements and tweets] but instead embraced them," Hogan Lovells partner Neal Katyal, arguing for Hawaii, told the justices Wednesday.

4 minute read

Merck Moves to MDL Cases Over Its Shingles Vaccine

Amanda Bronstad | April 24, 2018

Merck has moved to coordinate dozens of lawsuits brought over injuries allegedly caused by its shingles vaccine, Zostavax.

4 minute read

Litigation Funder Lake Whillans Hires Former Bartlit Beck Litigator as Managing Director

Ben Hancock | April 24, 2018

Christopher Hagale brings expertise in accounting malpractice and trade secrets, and expands Lake Whillans' geographic footprint to the Midwest.

3 minute read

Daily Dicta: When a SLAPP Feels More like a Sucker Punch

Jenna Greene | April 24, 2018

Anti-SLAPP suits can be deeply unsatisfying, as two recent cases—one involving fitness guru Richard Simmons, the other a man on a self-proclaimed mission to stop revenge porn and cyber-bullying—make clear.

8 minute read

Microsoft Appoints Dev Stahlkopf as New General Counsel, Reporting to CLO Brad Smith

Sue Reisinger | April 24, 2018

Stahlkopf will be in charge of most of the tech behemoth's legal work in her new position.

3 minute read

Drugmakers Focused on Profits Over Patients, Jurors Told During Xarelto Closings

Max Mitchell | April 24, 2018

If Janssen Pharmaceuticals was the Cleveland Cavaliers, then its blockbuster blood thinner medication Xarelto was the company's LeBron James, an attorney suing the drugmaker told a Philadelphia jury during closing arguments in the latest state court trial over the drug's safety.

4 minute read

Battle Continues Over Nazi-Looted Art as Heirs Seek to Auction Prized Paintings

Jason Grant | April 24, 2018

An Austrian Jewish entertainer's heirs, who recently won the rights to two Egon Schiele paintings looted by the Nazis, are asking a judge to transfer the paintings to Christie's auction house, but their opposition is planning to appeal the original ruling.

3 minute read

Splintered Supreme Court Shields Foreign Corporations From Alien Tort Statute

Tony Mauro | April 24, 2018

The splintered 91-page decision in Jesner v. Arab Bank—Justice Kennedy wrote for the majority—narrows the reach of the Alien Tort Statute and finishes a task the court left incomplete in its 2013 ruling in Kiobel v. Royal Dutch Petroleum.

5 minute read

High Court Rejects Challenge to PTO Patent Validity Review With Caveats Added

Scott Graham | April 24, 2018

But the justices suggest procedure might not cover patents issued before 2011 passage of America Invents Act.

5 minute read

How Morgan Lewis Grew Into a Powerhouse on Its Own Terms

Lizzy McLellan | April 24, 2018

The eighth-largest firm in the Am Law 100 charted its own course on the way to becoming a global force.

13 minute read

Video: Tony Mauro Catches Up With Sidley's Carter Phillips

ALM Staff | April 23, 2018

"I am very happy to be back just practicing law," says Carter Phillips, formerly chairman of Sidley Austin's executive committee.

2 minute read

Sour Mash? Jack Daniel's Sues Bargain Whiskey Over Label, Bottle Design

Ross Todd | April 23, 2018

Jack Daniel's has sued the maker of Lonehand Whiskey claiming that it designed its label and bottle to look deceptively close to its "Old No. 7" design.

4 minute read

With Chadbourne Suit Behind Her, Kerrie Campbell Continues Gender Equity Struggle

Scott Flaherty | April 23, 2018

Ex-Chadbourne & Parke partner Kerrie Campbell may have settled her gender bias case against the firm. But she's still fighting.

5 minute read

Greenspoon Marder Opens LA Office With 6-Lawyer Group

Meghan Tribe | April 23, 2018

The fast-growing Am Law 200 firm added four lawyers from entertainment boutique Eisner Jaffe, as well as a former California judge and ex-solo practitioner.

2 minute read

McIver Defense Promises to Appeal Jury's Guilty Verdict for Murder

R. Robin McDonald | April 23, 2018

The jury also convicted McIver of aggravated assault, possession of a firearm during the commission of a felony and influencing a witness.

4 minute read

Judge Keeps $125M Provigil Settlement Intact, Denying Claim Document Wasn't Final

Max Mitchell | April 23, 2018

A federal judge has rejected an insurance provider's attempts to invalidate a $125 million settlement that the company, and several others, entered into with the makers of the sleep-disorder drug Provigil.

4 minute read

Jury Awards $417K Despite Facebook Posts of Injured Man Running Race

Greg Land | April 23, 2018

The plaintiff was able to overcome evidence including Facebook posts of him running a muddy obstacle course last year to land a post-apportionment verdict of $417,545.

4 minute read

Gibson Dunn Adds Ex-DOJ Official, Anti-Money Laundering Pro

Ryan Lovelace | April 23, 2018

Kendall Day was most recently an acting deputy assistant attorney general in the Criminal Division, where he earlier led the agency's anti-money laundering and asset recovery section.

2 minute read

Justices Steer Clear of Debate Over Presidential Firing Power

Tony Mauro | April 23, 2018

Though Deputy Solicitor General Jeffrey Wall raised the removal issue more than once, some justices seemed uninterested or antagonistic, preferring to sort out the hiring implications of the designation of officers.

3 minute read

2nd Circuit Tells Trump Administration to Ease Off Brake in Implementing New Fuel Standard Penalties

Colby Hamilton | April 23, 2018

In an order Monday, an appellate panel vacated the National Highway Traffic Safety Administration's rolled-back penalties for automakers who violated fuel efficiency standards.

4 minute read

Daily Dicta: When the Judge Doesn't Like You; Saw Makers Notch a Win

Jenna Greene | April 23, 2018

Judicial bias is a tricky thing. Is the judge ruling against you because she doesn't like your legal arguments? Or is it personal?Either way, it's bold—and potentially risky—move to call on a judge to recuse for bias. But Mike Daugherty is not one to shy away from a fight.

10 minute read

Hank Asbill Jumps to Buckley Sandler From Jones Day

Ryan Lovelace | April 23, 2018

The move takes Asbill from a firm with more than 2,500 lawyers to one with about 150.

3 minute read

No Standing for Monkey to Bring Selfie Copyright Suit

Scott Graham | April 23, 2018

Ninth Circuit Judges Carlos Bea and N. Randy Smith said an en banc panel of the court ought to reconsider whether animals ever have standing to bring claims.

6 minute read

Daily Dicta: Litigator of the Week: And Client Number Three Is…

Jenna Greene | April 21, 2018

Not every Litigator of the Week need be the victor of a long, scorched-earth battle in court. Sometimes, all it takes is the perfect interjection. And for that, we recognize this week's winner: Davis Wright Tremaine partner Robert Balin,

9 minute read

Wisconsin AG Slams Award Given to Ex-Seyfarth Shaw Associate

Brian Baxter | April 20, 2018

Stephan Addison was one of two former Big Law associates accused of sexual assault in 2005. When the State Bar of Wisconsin recently gave him an award, that chapter of his life returned.

4 minute read

Oil Spill Lawyers Win Rare Disaster Class Certification for Coastal Property Owners

Amanda Bronstad | April 20, 2018

A plaintiffs team suing a pipeline operator over a 2015 oil spill off the coast of California scored a rare win when a federal judge granted certification of thousands of property owners. Of course, that success came on the third try.

7 minute read

Trial by Jury: An American Expert Tells Us What We're Losing

Valerie P. Hans | April 20, 2018

If you follow high-profile trials, you might be surprised to learn that the jury system is in serious decline in America. That's a big problem.

5 minute read

Wells Fargo Turned to Sullivan & Cromwell Ahead of $1B Consumer Settlement

C. Ryan Barber | April 20, 2018

“We always try to play absolutely straight with the regulators,” H. Rodgin Cohen, Sullivan & Cromwell's senior chairman and a lawyer for Wells Fargo, told The American Lawyer last year.

4 minute read

Kushner Cos. Confirms Federal Subpoenas: 'Nothing to Hide'

Colby Hamilton | April 20, 2018

The family real estate company previously run by President Trump's son-in-law is being looked at over reports it filed false housing paperwork in New York City.

2 minute read

Judge Remands First Tezos Case, Splitting Pioneering ICO Securities Class Actions In 2

Ben Hancock | April 20, 2018

U.S. District Judge Richard Seeborg agreed that the first case to be filed against Tezos belongs back in San Francisco Superior Court, in light of a recent ruling by the U.S. Supreme Court on jurisdiction.

2 minute read

DNC Files Civil Suit Against Trump, Russia Over Election Hacking

Colby Hamilton | April 20, 2018

The suit, drawing on the volume of reporting over the issue, seeks to subject Trump campaign officials, as well as Russia, to the civil discovery process.

5 minute read

Profile

Litigator of the Week: And Client Number Three Is…

Colby Hamilton | April 20, 2018

It was the denouement in the riveting drama that played out over two days before U.S. District Judge Kimba Wood : When Davis Wright Tremaine partner Rob Balin convinced the court to compel Michael Cohen's to reveal his third client.

6 minute read

Alston & Bird Settles Multimillion-Dollar Legal Mal Suit

Greg Land | April 19, 2018

The complaint alleged that the firm caused a onetime employee of the widow of late Coca-Cola CEO Roberto Goizuega to lose tens of millions of dollars in gifts and bequests from Olga Goizuega and cost her millions more in tax judgments and fines.

5 minute read

Q&A

Q&A: Lance Armstrong's Lawyer Talks Shop About Settling with US Postal Service

Ross Todd | April 19, 2018

Elliot Peters of Keker, Van Nest & Peters says "100 percent" of him wished he could take the doping case to trial, but that the $5 million settlement Armstrong reached "puts litigation out of his life."

5 minute read

Trump's Attorney Cohen Drops Defamation Suits Over Steele Dossier

Colby Hamilton | April 19, 2018

Days after appearing in federal court over material seized in a federal raid, Cohen's attorney confirmed he's dropping suits in state and federal court against Buzzfeed, which published the dossier, and the political research group that commissioned it, Fusion GPS.

4 minute read

Giuliani Joins Trump Legal Team, Takes Leave from Greenberg Traurig

Christine Simmons | April 19, 2018

The former New York mayor will serve as a personal lawyer for the president.

3 minute read

Package Bomber Set to Be Executed for 11th Circuit Judge's Murder

Kim Chandler Associated Press | April 19, 2018

Walter Leroy Moody Jr., 83, is scheduled to receive a lethal injection Thursday and become the oldest inmate put to death since executions resumed in the U.S. in the 1970s.

4 minute read

Mueller's Appellate Specialists Make Debut, Defending Manafort Charges in Trial Court

C. Ryan Barber | April 19, 2018

Michael Dreeben and Elizabeth Prelogar, both from the U.S. Solicitor General's Office, teamed up with Adam Jed, another Justice Department appellate specialist, to defend the criminal charges against Paul Manafort at a hearing Thursday in Washington's federal trial court.

4 minute read

Stris & Maher, the LA Boutique, Claims 'Total Victory' in Settlement About Alleged Trump Affair

Marcia Coyle | April 19, 2018

Peter Stris, who has argued seven U.S. Supreme Court cases, called ex-Playboy model Karen McDougal's settlement "probably the most rewarding result I ever got in my career."

5 minute read

Brave New World of (Robot) Law

Jenna Greene | April 19, 2018

If your robot hurts someone, are you liable? Legally speaking, is a robot like a pet? An employee? Should robots have rights? In a new report, the U.S. Chamber Commerce contemplates not-so-distant questions about robot law.

6 minute read

Jury Finds 'Killer Nanny' Guilty in 2012 Slayings of 2 Children, Rejects Insanity Defense

Andrew Denney | April 18, 2018

The nanny whose attorneys said she committed the grisly slayings of two children while they were in her care at their family's home because the devil told her to do it was found guilty of murder on Wednesday.

3 minute read

Southwest Airlines Passengers Looking to Lawyer Up After Emergency Landing

Samantha Joseph | April 18, 2018

Less than 24 hours after a Dallas-bound Southwest Airlines jet made an emergency landing in Philadelphia Tuesday, attorney Ladd Sanger had already fielded two calls from passengers.

4 minute read

Gibson Dunn's Ted Olson Puts New Squeeze on Consumer Bureau

C. Ryan Barber | April 18, 2018

A team from Gibson Dunn fought the CFPB in the D.C. Circuit—and now they're in the Fifth Circuit challenging the agency's single-director design. Will one of these cases reach the U.S. Supreme Court?

5 minute read

Aiming to Trump Trump Pardons, Schneiderman Seeks Closure of State Double Jeopardy 'Loophole'

Colby Hamilton | April 18, 2018

The attorney general said that state law prevents, absent a court-provided exception, the prosecution of certain crimes already brought along to the point of a plea or a grand jury's swearing in.

4 minute read

Plaintiffs Bar Looks to Cash In on #MeToo

Meghan Tribe | April 18, 2018

In an effort to capture legal work emanating from the #MeToo movement, plaintiffs firms across the country are registering website domain names and funding television commercials in their quest for big paydays.

4 minute read

Katten, on Hiring Spree, Adds IP Litigator From Alston & Bird

Christine Simmons | April 18, 2018

Other Alston & Bird lawyers may join Deepro Mukerjee in his move to Katten Muchin Rosenman, which has already hired about 30 lateral partners firmwide this year.

4 minute read

How Lawyers Used CFIUS Review to Defeat Broadcom's Takeover of Qualcomm

MP McQueen | April 18, 2018

The White House blocked Broadcom's $117 billion bid to take over Qualcomm by issuing an executive order in March, citing national security concerns. Could it be the "poison pill" of the future?

9 minute read

Trial Pro Billy Martin Jumps to Barnes & Thornburg

Ryan Lovelace | April 18, 2018

Less than three years after joining Miles & Stockbridge, Billy Martin is on the move again.

2 minute read

DLA Piper Notches $45M Win in Maryland Landfill Fight

Greg Land | April 18, 2018

In a dispute going back nearly 30 years, the Harford County in Maryland was hit with a verdict of more than $45 million for its successful efforts to block construction of a rubble-fill project the county originally asked for.

3 minute read

Wilson Sonsini Gets Appellate Win in Google Derivative Suits Over 'No-Poach' Agreements

Ross Todd | April 17, 2018

The Sixth District Court of Appeal upheld a lower court ruling which tossed claims against Google execs on statute of limitations grounds.

3 minute read

Daily Dicta: King & Spalding Attacks “Strange and Irregular” Xerox Merger

Jenna Greene | April 17, 2018

A team from King & Spalding is pulling out all the stops in an attack on a pending merger between Xerox Corp. and Fujifilm Holdings Corp..

7 minute read

Federal Judges Say Firms, Clients Favor Male Litigators at Their Peril

Dan Packel | April 17, 2018

At a Reed Smith event, former SDNY Judge Shira Scheindlin and current U.S. District Judge Cynthia Rufe highlighted the costs of ignoring gender diversity.

4 minute read

SEC Discloses Deals With Ex-Dewey Leaders Sanders, DiCarmine

Christine Simmons | April 17, 2018

The agency's case against former Dewey executive Stephen DiCarmine now appears to be over. But that's not the case for other Dewey leaders.

3 minute read

Fox News Backs Hannity, Who Says Cohen 'Never Represented' Him

Colby Hamilton | April 17, 2018

While the Fox News host downplayed his relationship to Cohen on Monday, the network stated Tuesday that Hannity continues to have its "full support."

5 minute read

Chrysler Pays $40M Jeep Judgment

Katheryn Tucker | April 17, 2018

The total amount with interest: $47,045,342.46, according to lead plaintiffs counsel James Butler Jr. of Butler Wooten & Peak in Atlanta and Columbus.

4 minute read

Miami Sues Drugmakers, Distributors for Opioid Crisis

P.J. D'Annunzio | April 17, 2018

Miami joins other jurisdictions blaming drugmakers and distributors for opioid deaths and overdoses.

3 minute read

With DOJ Asking to Vacate Joe Arpaio's Contempt Record, Ninth Circuit to Appoint Special Prosecutor

Ross Todd | April 17, 2018

In dissent from the motion panel's order, Circuit Judge Richard Tallman wrote that Perkins Coie, which has represented amici pushing for a special prosecutor, should be precluded from getting the nod since the firm "represented President Trump's former political rival, Hillary Clinton."

3 minute read

Justices Eye Congress, 'Massive' Lawsuit Potential in Online Sales Tax Case

Marcia Coyle | April 17, 2018

"I'm concerned about the many unanswered questions that overturning precedents will create," Justice Sonia Sotomayor said at one point during the argument Tuesday.

5 minute read

NFL Sued by 9 Former Security Reps for Age Discrimination

Colby Hamilton | April 17, 2018

The plaintiffs allege issues arose after the NFL hired Cathy Lanier, the former Washington, D.C., chief of police, as its new security chief in 2016.

4 minute read

Judge Certifies Class of Illinois Facebook Users in Privacy Suit Over Facial Recognition

Ross Todd | April 16, 2018

The lawsuit, set to go to trial in July, confronts the company with billions in potential damages.

3 minute read

Fox Host Hannity Revealed as Cohen's Third Client, as Wood Expresses Confidence in Feds' 'Filter Team'

Colby Hamilton | April 16, 2018

The reveal in open court upstaged the presence of pornographic actress Stormy Daniels, who attended the hearing before U.S. District Judge Kimba Wood Monday.

4 minute read

Supreme Court Eyes Relaxing Rule on Foreign Patent Damages

Scott Graham | April 16, 2018

Despite possibility of "chaos," presumption against extraterritorial application may give way to simple proximate cause test, justices suggest.

5 minute read

Manhattan Jury Awards $60M Asbestos Verdict in Favor of Late Laborer's Estate

Andrew Denney | April 16, 2018

A Manhattan jury has awarded a record-breaking $60 million asbestos verdict to the estate of a man who died from mesothelioma after working for years as a laborer near asbestos-laden boilers and construction implements.

2 minute read

In Texas Expansion, Sheppard Mullin Launches Dallas Office With 10 Lateral Partners

Brenda Sapino Jeffreys | April 16, 2018

The firm's new Dallas office, its first in Texas, has a total of 18 lawyers, with more expected soon. The firm's clients with headquarters or operations in the state include Toyota and Texaco.

3 minute read

Update

Lawyer Who Self-Immolated in Brooklyn Was Best-Known as LGBT Rights Advocate but Played Lower-Key Role for the Environment

Andrew Denney | April 16, 2018

While David Buckel, an attorney who died on April 14 after setting himself on fire in a park in Brooklyn, had become widely known for his work on LGBT causes, he spent the final years of his life out of the legal limelight and focused his energy on environmental protection.

7 minute read

Cohen Claims Morgan Lewis, Squire Patton Boggs Records in Seized Materials

Christine Simmons | April 16, 2018

Records related to both global legal giants could be contained in materials seized last week by federal law enforcement officials in raids on Michael Cohen's home, hotel room and office.

5 minute read

Daily Dicta: Take Heart, Rosenstein. History Is on Your Side

Jenna Greene | April 16, 2018

Take a step back for a moment and consider that a public interest advocacy group is fundraising over the prospect of the DAG getting fired—and hundreds of thousands of people are ready to take the streets if it happens.

8 minute read

NFL Accuses Lawyers, Doctors of 'Widespread Fraud' on Concussion Settlement

Max Mitchell | April 16, 2018

The NFL has asked a Pennsylvania federal judge to appoint a special investigator to look into alleged "widespread fraud" that is "infecting" the $1 billion concussion litigation settlement.

3 minute read

Burn Victim in Plywood Mill Explosion Secures $33M Verdict From Harris County Jury

Max Mitchell | April 16, 2018

A man severely burned in a fatal explosion at a plywood mill in Corrigan, Texas, has won a more than $33 million verdict.A Harris County jury…

4 minute read

Kirkland Takes Two From Cravath in Latest Lateral Raid

Brian Baxter | April 14, 2018

Sandra Goldstein, a top partner at Cravath, Swaine & Moore and a former head of litigation at the firm, is headed to Kirkland & Ellis with Stefan Atkinson in New York.

8 minute read

Gorsuch Hires Native American Law Clerk, Likely First in SCOTUS History

Tony Mauro | April 14, 2018

"Justice Gorsuch has already brought a diverse group of clerks to the court and I am honored to deepen that diversity," says Tobi Young, a citizen of the Chickasaw Nation and general counsel to the George W. Bush Presidential Center.

6 minute read

Suit Alleges Houston Woman Seduced, Defrauded Prominent Texas Lawyer Walter Umphrey

Brenda Sapino Jeffreys | April 13, 2018

The lawsuit, filed in Harris County, seeks more than $2 million from the Houston woman and her lawyer.

4 minute read

DraftKings, FanDuel in Settlement Talks Over Consumer Class Actions

Amanda Bronstad | April 13, 2018

Lawyers have asked a federal judge to halt consumer class actions against sports betting sites DraftKings Inc. and FanDuel Inc. while they hash out a possible settlement.

3 minute read

Investigation

Prosecutors Say Cohen Under Investigation, Rebut Privilege Claims

Christine Simmons | April 13, 2018

Documents disclosed in the Southern District of New York show that Michael Cohen, the personal lawyer for President Donald Trump, is the subject of a criminal inquiry into his personal business dealings. He also received a $500,000 "alliance fee" from Squire Patton Boggs.

8 minute read

Ninth Circuit to Rule in Monkey Selfie Case Despite Settlement

Scott Graham | April 13, 2018

The court declined to dismiss the case, saying it's "wary of abetting 'strategic behavior' on the part of institutional litigants."

4 minute read

Power Company's Legal Malpractice Suit Against Greenberg Traurig Gets Tossed

Christine Simmons | April 13, 2018

NextEra Energy Inc. claimed it was damaged in the form of legal fees paid to Skadden, Arps, Slate, Meagher & Flom and trial and appeal fees "amounting to millions of dollars."

4 minute read

Rod Rosenstein Set to Make Supreme Court Argument Debut This Month

Tony Mauro | April 13, 2018

That is, if he is still deputy attorney general. Rosenstein, who argued in federal appeals court as U.S. attorney for Maryland, has been the target of White House criticism in recent days regarding his oversight of Robert Mueller, the special counsel leading the Russia investigation.

3 minute read

Litigators of the Week: Beating J&J on its Own Turf

Charles Toutant | April 13, 2018

A trio of plaintiffs lawyers overcame Johnson & Johnson's home court advantage in the first successful case linking Johnson's Baby Powder and mesothelioma.

5 minute read

VirnetX Scores $502.5M Verdict Against Apple

Scott Graham | April 12, 2018

It's the second nine-figure verdict obtained by the company and its Caldwell Cassady & Curry lawyers in the last year. But Apple says the PTAB has already invalidated all of the patents.

4 minute read

NJ Jury Awards $33M in Pelvic Mesh Suit Against Bard; Punitives Phase on Deck

Charles Toutant | April 12, 2018

Plaintiff Mary McGuinness was awarded $23 million in damages. Her husband, Thomas, was awarded $10 million for loss of consortium.

4 minute read

In Expanded Uber Settlement, FTC Hammers Home Security Message

Ben Hancock | April 12, 2018

The regulator warned tech companies to make sure their software development environments are secure. Uber's 2016 breach came after an engineer stored an access key to a cloud database in code hosted on GitHub.

3 minute read

Retirement Class Action Seeks $140M From Home Depot

Katheryn Tucker | April 12, 2018

Home Depot: “We haven't seen the suit yet, but we're proud of the financial support and opportunities for saving that we provide our associates.”

3 minute read

Why Some Judicial Nominees Struggle When Asked About 'Brown v. Board of Education'

Tony Mauro | April 12, 2018

For some nominees, the concern is that by answering explicitly, they would be viewed as biased. For others, the decisions they are being asked to embrace are too controversial to touch.

4 minute read

Janice Dickinson Testifies Against Cosby: 'Here Was America's Dad on Top of Me'

Lizzy McLellan | April 12, 2018

One of Bill Cosby's most famous accusers took the stand as a prior bad acts witness on Thursday.

5 minute read

Daily Dicta: When Keeping Quiet Is Bad—But Telling Is Worse

Jenna Greene | April 12, 2018

It's like Sophie's Choice for lawyers.

8 minute read