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Trump Taps Kasowitz—but Why Stop There? Elevator Pitch Suggestions for Olson, Giuffra and Weingarten

President Donald Trump will reportedly hire Marc Kasowitz as outside counsel to assist in the Russia probe. But why have just one first-chair litigator? Theodore Olson, Robert Giuffra Jr. and Reid Weingarten are also said to be in the running to join the team. What might their elevator pitches sound like?
4 minute read

This Federal Judge Is the King of Backlogs—But He's Not the Only One

May 24, 2017
Poor U.S. District Judge Joseph Goodwin. The West Virginia judge had the biggest backlog of any federal judge in the country, with 20,139 cases pending for more than three years, according to a new report. Who else is in the slow lane?
11 minute read

This Federal Judge Is the King of Backlogs—But He's Not the Only One

Poor U.S. District Judge Joseph Goodwin. The West Virginia judge had the biggest backlog of any federal judge in the country, with 20,139 cases pending for more than three years, according to a new report. Who else is in the slow lane?
5 minute read

Trump Taps Kasowitz—but Why Stop There? Elevator Pitch Suggestions for Olson, Giuffra and Weingarten

May 24, 2017
President Donald Trump will reportedly hire Marc Kasowitz as outside counsel to assist in the Russia probe. But why have just one first-chair litigator? Theodore Olson, Robert Giuffra Jr. and Reid Weingarten are also said to be in the running to join the team. What might their elevator pitches sound like?
18 minute read

Actor Accuses Attorney Neighbor of Harassment Campaign in Messy Co-Op Dispute

May 22, 2017
Justin Theroux, the star of HBO's "The Leftovers" and son of a longtime Baker McKenzie lawyer, has accused his downstairs neighbor of waging a scorched-earth campaign to bully and intimidate him after Theroux began renovating the New York apartment where he sometimes lives with wife Jennifer Aniston.
16 minute read

Actor Accuses Attorney Neighbor of Harassment Campaign in Messy Co-Op Dispute

Justin Theroux, the star of HBO's "The Leftovers" and son of a longtime Baker McKenzie lawyer, has accused his downstairs neighbor of waging a scorched-earth campaign to bully and intimidate him after Theroux began renovating the New York apartment where he sometimes lives with wife Jennifer Aniston.
4 minute read

Robert Mueller, Jamie Gorelick and the Wilmer Problem

May 22, 2017
Former FBI Director Robert Mueller III seemed like the perfect pick for special counsel. Except until last week, he was a partner at Wilmer Hale—where his colleague in the firm's Washington, D.C. office, a fellow member of both the strategic response and regulatory and government affairs groups, was Jamie Gorelick. Jared Kushner's lawyer. This could be a problem. A big one.
11 minute read

Robert Mueller, Jamie Gorelick and the Wilmer Problem

Former FBI Director Robert Mueller III seemed like the perfect pick for special counsel. Except until last week, he was a partner at Wilmer Hale—where his colleague in the firm's Washington, D.C. office, a fellow member of both the strategic response and regulatory and government affairs groups, was Jamie Gorelick. Jared Kushner's lawyer. This could be a problem. A big one.
11 minute read

Shout-Out: Kirkland Wins Dismissal of Suits Blaming Facebook for Terror Attacks

A team from Kirkland & Ellis led by partner Craig Primis persuaded a federal judge in New York to toss a pair of suits alleging that Facebook Inc. supports terrorist organizations by allowing the groups to use its platform.
10 minute read

Shout-Out: A Pair of Wins for Simpson Thacher Class Action Star

May 19, 2017
It was a one-two punch for Simpson Thacher & Bartlett litigator Joseph McLaughlin, who racked up a pair of wins this week.
9 minute read

Shout-Out: A Pair of Wins for Simpson Thacher Class Action Star

It was a one-two punch for Simpson Thacher & Bartlett litigator Joseph McLaughlin, who racked up a pair of wins this week.
9 minute read

Litigator of the Week: A Giant of the Plaintiffs Bar—and a Giant Settlement

May 19, 2017
Cohen Milstein Sellers & Toll partner Joseph Sellers just won approval of a major settlement in a decades-old discrimination class action, for what he hopes is the last time.
12 minute read

Litigator of the Week: A Giant of the Plaintiffs Bar—and a Giant Settlement

Cohen Milstein Sellers & Toll partner Joseph Sellers just won approval of a major settlement in a decades-old discrimination class action, for what he hopes is the last time.
5 minute read

The Case for Giving White House Counsel Don McGahn the Boot

Amidst rumors of an impending White House staff shakeup, there's a new name on the potential hit list: White House Counsel Donald McGahn. It might not be such a bad idea.
5 minute read

Shout-Out: Kirkland Wins Dismissal of Suits Blaming Facebook for Terror Attacks

May 19, 2017
A team from Kirkland & Ellis led by partner Craig Primis persuaded a federal judge in New York to toss a pair of suits alleging that Facebook Inc. supports terrorist organizations by allowing the groups to use its platform.
10 minute read

Akin Gump Prevails Over Alex Jones in Chobani Defamation Suit

May 18, 2017
Lawyers from Akin Gump Strauss Hauer & Feld made short work of conservative radio host Alex Jones, who attacked their client Chobani yogurt for “importing migrant rapists.”
18 minute read

Akin Gump Prevails Over Alex Jones in Chobani Defamation Suit

Lawyers from Akin Gump Strauss Hauer & Feld made short work of conservative radio host Alex Jones, who attacked their client Chobani yogurt for “importing migrant rapists.”
2 minute read

The Case for Giving White House Counsel Don McGahn the Boot

May 18, 2017
Amidst rumors of an impending White House staff shakeup, there's a new name on the potential hit list: White House Counsel Donald McGahn. It might not be such a bad idea.
12 minute read

Judge Who Won't Hear Gay Adoption Cases Faces Removal Bid (Or Is He Just Being Honest?)

May 17, 2017
Judicial bias is a tricky thing. It shouldn't exist, of course—donning a black robe should confer superpowers that remove all traces of prejudice from the human mind. But in the real world, it's not so simple. Which is why a complaint filed on Tuesday against a Kentucky judge raises some difficult questions.
9 minute read

Judge Who Won't Hear Gay Adoption Cases Faces Removal Bid (Or Is He Just Being Honest?)

Judicial bias is a tricky thing. It shouldn't exist, of course—donning a black robe should confer superpowers that remove all traces of prejudice from the human mind. But in the real world, it's not so simple. Which is why a complaint filed on Tuesday against a Kentucky judge raises some difficult questions.
5 minute read

Millionaire Mom Who Poisoned Son Loses $225M RICO Suit

May 16, 2017
It was a sad, sordid case, and it came to a merciful end on Friday, when the U.S. Court of Appeals for the Third Circuit dismissed it with prejudice, handing a win to lawyers from Quinn Emanuel Urquhart & Sullivan.
17 minute read

Millionaire Mom Who Poisoned Son Loses $225M RICO Suit

It was a sad, sordid case, and it came to a merciful end on Friday, when the U.S. Court of Appeals for the Third Circuit dismissed it with prejudice, handing a win to lawyers from Quinn Emanuel Urquhart & Sullivan.
5 minute read

An Open Letter to Morgan, Lewis & Bockius: I Hope You Know What You're Doing

May 14, 2017
Just wondering—did you as a firm by chance notice how the president treated Deputy Attorney General Rod Rosenstein last week? Did it give you pause before staking the reputation of your 144-year-old firm on a pledge that Trump has no financial ties to Russia, nope, no siree?
43 minute read

An Open Letter to Morgan, Lewis & Bockius: I Hope You Know What You're Doing

Just wondering—did you as a firm by chance notice how the president treated Deputy Attorney General Rod Rosenstein last week? Did it give you pause before staking the reputation of your 144-year-old firm on a pledge that Trump has no financial ties to Russia, nope, no siree?
43 minute read

Litigators of the Week: Shutting Down a $2 Billion Case Against Intel, Again

May 11, 2017
You might say Wilmer's William Lee and Joseph Mueller were in a good position heading into trial in Delaware on behalf of Intel Corp. The day it began, the judge compared their opponent's case to someone “floating off into the inky blackness of space with no hope of survival or rescue.”
16 minute read

Litigators of the Week: Shutting Down a $2 Billion Case Against Intel, Again

You might say Wilmer's William Lee and Joseph Mueller were in a good position heading into trial in Delaware on behalf of Intel Corp. The day it began, the judge compared their opponent's case to someone “floating off into the inky blackness of space with no hope of survival or rescue.”
16 minute read

Shout-Out: A Triple Play for Securities Litigators at Wilson Sonsini

May 11, 2017
Good things come in threes for securities litigators at Wilson Sonsini Goodrich & Rosati, who racked up three wins in less than a week.
19 minute read

Shout-Out: A Triple Play for Securities Litigators at Wilson Sonsini

Good things come in threes for securities litigators at Wilson Sonsini Goodrich & Rosati, who racked up three wins in less than a week.
4 minute read

Rod Rosenstein's Deal with the Devil

May 11, 2017
How did Rod Rosenstein, who for two weeks basked in the glow of being one of the few Trump appointees that Democrats didn't despise, agree to go along with this? Was this the price of being the DAG? Calling Faust—Mephistopheles has a very attractive political appointment for you.
9 minute read

Rod Rosenstein's Deal with the Devil

How did Rod Rosenstein, who for two weeks basked in the glow of being one of the few Trump appointees that Democrats didn't despise, agree to go along with this? Was this the price of being the DAG? Calling Faust—Mephistopheles has a very attractive political appointment for you.
4 minute read

Why This Loss for the Legendary David Boies Is a Gain for the Rest of Us

May 10, 2017
If David Boies and co-counsel from Skadden had prevailed before the U.S. Court of Appeals for the Federal Circuit on Tuesday, the government would have owed their clients at least $18.3 billion for claims that an amicus called "a stunning example of avarice."
18 minute read

Why This Loss for the Legendary David Boies Is a Gain for the Rest of Us

If David Boies and co-counsel from Skadden had prevailed before the U.S. Court of Appeals for the Federal Circuit on Tuesday, the government would have owed their clients at least $18.3 billion for claims that an amicus called "a stunning example of avarice."
18 minute read

Confidential Settlement? Not This Time, as Judge Unseals $20M Payment in Waterslide Death

May 09, 2017
It's almost a given: the more horrific the injury, the more appalling the negligence, the more likely the inevitable lawsuit will settle on confidential terms. And so went the lawsuit against a Kansas City, Kansas amusement park, where 10-year-old Caleb Schwab was decapitated on a waterslide last year. Until The Kansas City Star got involved, that is.
10 minute read

Confidential Settlement? Not This Time, as Judge Unseals $20M Payment in Waterslide Death

It's almost a given: the more horrific the injury, the more appalling the negligence, the more likely the inevitable lawsuit will settle on confidential terms. And so went the lawsuit against a Kansas City, Kansas amusement park, where 10-year-old Caleb Schwab was decapitated on a waterslide last year. Until The Kansas City Star got involved, that is.
10 minute read

Four Top Litigators Compete for Bragging Rights and a $40,000 Prize: Who Gave the Best Closing Argument?

May 07, 2017
Talk about a jury of your peers. Four of the top litigators in the country went toe-to-toe Friday at the annual meeting of the litigation section of the American Bar Association in San Francisco, competing before hundreds of attendees to see who gave the best closing argument. Each lawyer ponied up $10,000 to compete.
20 minute read

Four Top Litigators Compete for Bragging Rights and a $40,000 Prize: Who Gave the Best Closing Argument?

Talk about a jury of your peers. Four of the top litigators in the country went toe-to-toe Friday at the annual meeting of the litigation section of the American Bar Association in San Francisco, competing before hundreds of attendees to see who gave the best closing argument. Each lawyer ponied up $10,000 to compete.
6 minute read

Rating the ABA Conference Swag

What do you give a lawyer who has everything? Besides a Ferrari, that is. For the stalwart vendors who exhibit at legal conferences, it's a dilemma.
11 minute read

Rating the ABA Conference Swag

May 06, 2017
What do you give a lawyer who has everything? Besides a Ferrari, that is. For the stalwart vendors who exhibit at legal conferences, it's a dilemma.
11 minute read

When Laughing During a Congressional Hearing Is a Crime—But a Police Shooting Is Not

The same day that Justice Department lawyers won a criminal conviction against Desiree Fairooz for laughing during the confirmation hearing of Attorney General Jeff Session, they also announced that they didn't have enough evidence to bring charges against the Louisiana police officers involved in the shooting death of Alton Sterling. Is this how it's going to be, Mr. Attorney General?
4 minute read

Litigator of the Week: Going for the Jugular in Blood Thinner Bellwether

May 04, 2017
A federal jury in New Orleans deliberated for less than two hours before coming back this week with a defense win in the first bellwether trial over the blood thinner Xarelto. That's a bona fide slam dunk--even for lead defense counsel Beth Wilkinson, who's notched a streak of trial victories in her career.
11 minute read

Litigator of the Week: Going for the Jugular in Blood Thinner Bellwether

A federal jury in New Orleans deliberated for less than two hours before coming back this week with a defense win in the first bellwether trial over the blood thinner Xarelto. That's a bona fide slam dunk--even for lead defense counsel Beth Wilkinson, who's notched a streak of trial victories in her career.
11 minute read

When Laughing During a Congressional Hearing Is a Crime—But a Police Shooting Is Not

May 04, 2017
The same day that Justice Department lawyers won a criminal conviction against Desiree Fairooz for laughing during the confirmation hearing of Attorney General Jeff Session, they also announced that they didn't have enough evidence to bring charges against the Louisiana police officers involved in the shooting death of Alton Sterling. Is this how it's going to be, Mr. Attorney General?
8 minute read

There's the Kushner Standard for a Security Clearance—and Then There's Everyone Else

May 03, 2017
“No one has a 'right' to a security clearance,” the U.S. Supreme Court held 30 years ago in a rare case addressing the issue. Unless, apparently, your name is Jared Kushner.
13 minute read

There's the Kushner Standard for a Security Clearance—and Then There's Everyone Else

“No one has a 'right' to a security clearance,” the U.S. Supreme Court held 30 years ago in a rare case addressing the issue. Unless, apparently, your name is Jared Kushner.
13 minute read

Spring Awakening: The Top 10 Lateral Litigator Moves in April

Nothing like a mega-merger to shake up the legal market. Some of the biggest lateral litigator moves this month have come before the impending nuptials of Norton Rose Fulbright and Chadbourne & Parke. Meanwhile, Kirkland & Ellis landed a huge catch, and a trio of Big Law litigators launched a trial boutique.
8 minute read

Federal Judge Dares Plaintiffs Lawyer: Put Your Money Where Your Mouth Is

May 01, 2017
Add this to the list of things judges don't like: When they make an erudite ruling from the bench dismissing a suit—and five seconds later are told by the plaintiffs' lawyers that there's a new witness, and could they please re-file the case? Yes, apples are juicy and delicious, but how many bites do you get?
27 minute read

Federal Judge Dares Plaintiffs Lawyer: Put Your Money Where Your Mouth Is

Add this to the list of things judges don't like: When they make an erudite ruling from the bench dismissing a suit—and five seconds later are told by the plaintiffs' lawyers that there's a new witness, and could they please re-file the case? Yes, apples are juicy and delicious, but how many bites do you get?
27 minute read

Spring Awakening: The Top 10 Lateral Litigator Moves in April

May 01, 2017
Nothing like a mega-merger to shake up the legal market. Some of the biggest lateral litigator moves this month have come before the impending nuptials of Norton Rose Fulbright and Chadbourne & Parke. Meanwhile, Kirkland & Ellis landed a huge catch, and a trio of Big Law litigators launched a trial boutique.
93 minute read

Litigator of the Week: From Zero to Hero in Seven Days

April 27, 2017
It all comes back to square one. That's how Gibson Dunn appellate litigator Theodore “Ted” Boutrous Jr. describes his strategy for handling appeals—and it helped Travelers Insurance dodge a $36 million bullet.
12 minute read

Shout-Out: Kirkland and Crowell Score $109M for Railroad Clients

April 27, 2017
Litigators from Kirkland & Ellis and Crowell & Moring scored a $109 million win for their railroad clients in a contract fight with FirstEnergy Solutions Corp. over transporting coal.
17 minute read

Shout-Out: Kirkland and Crowell Score $109M for Railroad Clients

Litigators from Kirkland & Ellis and Crowell & Moring scored a $109 million win for their railroad clients in a contract fight with FirstEnergy Solutions Corp. over transporting coal.
17 minute read

Trump Blasts 'Unelected' Judge, But Who Has the Real Immigration Chops?

April 27, 2017
I admit, I have a judge crush on William Orrick III, whose place in my affection was cemented when he blocked President Trump's executive order on sanctuary cities. And while he may be a "single, unelected judge," it's a good bet that he knows more about immigration law than the entire White House staff.
13 minute read

Trump Blasts 'Unelected' Judge, But Who Has the Real Immigration Chops?

I admit, I have a judge crush on William Orrick III, whose place in my affection was cemented when he blocked President Trump's executive order on sanctuary cities. And while he may be a "single, unelected judge," it's a good bet that he knows more about immigration law than the entire White House staff.
13 minute read

Akin Gump in the Crosshairs of Conservative Radio Host Alex Jones for Chobani Suit

April 26, 2017
Radio host Alex Jones is telling millions of listeners that Akin Gump was actually founded by George Soros--or as Jones calls him, the “Nazi collaborator demon.” That's how Jones explains the firm's representation of yogurt maker Chobani, which just sued him for defamation. Ridiculous? Yes. But a little bit scary too.
60 minute read

Akin Gump in the Crosshairs of Conservative Radio Host Alex Jones for Chobani Suit

Radio host Alex Jones is telling millions of listeners that Akin Gump was actually founded by George Soros--or as Jones calls him, the “Nazi collaborator demon.” That's how Jones explains the firm's representation of yogurt maker Chobani, which just sued him for defamation. Ridiculous? Yes. But a little bit scary too.
5 minute read

When the Second Circuit Says It's OK to Call Your Boss a 'Nasty Mother F---er'

April 24, 2017
Is this the death of workplace civility? Open season against employers on Facebook? If you add “#Union” to a post, are you now free to say whatever horrible things you like? Calm down, not so fast. The Second Circuit offered a far more nuanced answer in upholding a controversial decision by the NLRB.
13 minute read

When the Second Circuit Says It's OK to Call Your Boss a 'Nasty Mother F---er'

Is this the death of workplace civility? Open season against employers on Facebook? If you add “#Union” to a post, are you now free to say whatever horrible things you like? Calm down, not so fast. The Second Circuit offered a far more nuanced answer in upholding a controversial decision by the NLRB.
5 minute read

Litigator of the Week: An Appellate Attorney Fends Off Honda in a $55M Fight

April 21, 2017
After appellate attorney Howard J. Bashman appeared in front of a panel of Pennsylvania Superior Court judges with a $55 million verdict against Honda at stake, he quickly jumped on his appellate blog, “How Appealing,” to say how well the arguments went, and to subtly dig the opposing counsel for alleged cell phone use in court.
15 minute read

McKool Smith MP on Market Doldrums, Winning on a Budget and Why Alternative Fees Aren't the Answer

April 19, 2017
These are not the best of times for the business of litigation. The market is stagnant, with clients shying away from bringing new suits, keeping more work in-house and pushing back hard on costs. In a Q&A, McKool Smith managing partner David Sochia, an accomplished litigator who has taken on the mantle of law firm strategist, shares insights on how to thrive.
22 minute read

McKool Smith MP on Market Doldrums, Winning on a Budget and Why Alternative Fees Aren't the Answer

These are not the best of times for the business of litigation. The market is stagnant, with clients shying away from bringing new suits, keeping more work in-house and pushing back hard on costs. In a Q&A, McKool Smith managing partner David Sochia, an accomplished litigator who has taken on the mantle of law firm strategist, shares insights on how to thrive.
10 minute read

Payday for 16-Year-Old Girl Whose Parachute Malfunctioned

April 18, 2017
Ah personal injury law. Where you take your worst fears and put a price tag on them. Here's a particularly vivid nightmare: What's it worth when your parachute doesn't open? When you plummet 3,000 feet to the ground and somehow survive, but with multiple injuries? That was the question before an Oklahoma federal judge last week after a Texas girl's 16th birthday celebration went horribly awry.
12 minute read

Payday for 16-Year-Old Girl Whose Parachute Malfunctioned

Ah personal injury law. Where you take your worst fears and put a price tag on them. Here's a particularly vivid nightmare: What's it worth when your parachute doesn't open? When you plummet 3,000 feet to the ground and somehow survive, but with multiple injuries? That was the question before an Oklahoma federal judge last week after a Texas girl's 16th birthday celebration went horribly awry.
6 minute read

Bad News for Trump: Latest Travel Ban Case to Feature Live Testimony

April 17, 2017
Here's a travel ban case with a twist: live witnesses in court. On Tuesday, a federal judge in Washington, D.C. will allow testimony from witnesses including a Sheppard Mullin partner. The move seems distinctly advantageous to the plaintiffs, represented by an army of lawyers from Arnold & Porter.
18 minute read

Bad News for Trump: Latest Travel Ban Case to Feature Live Testimony

Here's a travel ban case with a twist: live witnesses in court. On Tuesday, a federal judge in Washington, D.C. will allow testimony from witnesses including a Sheppard Mullin partner. The move seems distinctly advantageous to the plaintiffs, represented by an army of lawyers from Arnold & Porter.
18 minute read

The Massive Accutane Litigation Just Fell Apart After Judge Boots Expert 'Hired Guns'

April 16, 2017
Any litigator knows a case can rise or fall on the testimony of an expert witness. A New Jersey state judge made that abundantly clear when he skewered the plaintiffs' two experts in a long-running fight over the acne drug Accutane, banning their testimony and handing a huge win to Hoffman La Roche and Covington & Burling.
12 minute read

The Massive Accutane Litigation Just Fell Apart After Judge Boots Expert 'Hired Guns'

Any litigator knows a case can rise or fall on the testimony of an expert witness. A New Jersey state judge made that abundantly clear when he skewered the plaintiffs' two experts in a long-running fight over the acne drug Accutane, banning their testimony and handing a huge win to Hoffman La Roche and Covington & Burling.
6 minute read

Litigator of the Week: The Brains Behind BlackBerry's $815M Blowout

For a trial lawyer, sometimes backing away from a fight is the smartest move to make. That was the lesson that Sullivan & Cromwell partner Garrard Beeney said stuck with him as he argued his way to an $814.9 million arbitration win for BlackBerry that was handed down this week.
3 minute read

Litigator of the Week: The Brains Behind BlackBerry's $815M Blowout

April 14, 2017
For a trial lawyer, sometimes backing away from a fight is the smartest move to make. That was the lesson that Sullivan & Cromwell partner Garrard Beeney said stuck with him as he argued his way to an $814.9 million arbitration win for BlackBerry that was handed down this week.
8 minute read

Why is Flying So Terrible? Blame These Antitrust Lawyers

You don't have to be beaten and dragged off a flight to conclude that flying coach is a miserable experience these days. Wondering who to blame? Here's a suggestion: antitrust lawyers--and yes, we're naming names. The ones who rammed through airline mergers--and the ones at DOJ who took the bait.
5 minute read

Why is Flying So Terrible? Blame These Antitrust Lawyers

April 13, 2017
You don't have to be beaten and dragged off a flight to conclude that flying coach is a miserable experience these days. Wondering who to blame? Here's a suggestion: antitrust lawyers--and yes, we're naming names. The ones who rammed through airline mergers--and the ones at DOJ who took the bait.
25 minute read

Forget Paul Weiss: Lisa Bloom Wants NY State to Investigate 'Cesspool' Fox News

April 12, 2017
Arguing that Paul, Weiss, Rifkind, Wharton & Garrison will not conduct an independent inquiry, high-profile plaintiffs lawyer Lisa Bloom on Tuesday asked the New York State Division of Human Rights to investigate sexual harassment at Fox News.
52 minute read

Forget Paul Weiss: Lisa Bloom Wants NY State to Investigate 'Cesspool' Fox News

Arguing that Paul, Weiss, Rifkind, Wharton & Garrison will not conduct an independent inquiry, high-profile plaintiffs lawyer Lisa Bloom on Tuesday asked the New York State Division of Human Rights to investigate sexual harassment at Fox News.
4 minute read

A Tour of Trump Lawsuits: Flipped Out, Freaked Out and Just Plain Daffy

When you are president, people like to sue you. A lot.
10 minute read

A World of Hurt for King & Spalding in $454M Trial Loss

April 10, 2017
Say ouch. Kimberly-Clark Corp. and spin-off Halyard Health Inc. were hit with a $454 million fraud verdict in Los Angeles federal court on Friday in a lawsuit over surgical gowns that allegedly failed to protect medical personnel from infection.
15 minute read

A World of Hurt for King & Spalding in $454M Trial Loss

Say ouch. Kimberly-Clark Corp. and spin-off Halyard Health Inc. were hit with a $454 million fraud verdict in Los Angeles federal court on Friday in a lawsuit over surgical gowns that allegedly failed to protect medical personnel from infection.
5 minute read

A Tour of Trump Lawsuits: Flipped Out, Freaked Out and Just Plain Daffy

April 10, 2017
When you are president, people like to sue you. A lot.
10 minute read

Litigators of the Week: This Hogan Team Beat Back a $100 Million Class Action

After years of litigating a $100 million class action against Anthem Inc. by 87,000 former employees and retirees of the state of Connecticut, Adam Levin found himself anxiously awaiting the Connecticut Supreme Court's ruling on March 31.
4 minute read

Litigators of the Week: This Hogan Team Beat Back a $100 Million Class Action

April 07, 2017
After years of litigating a $100 million class action against Anthem Inc. by 87,000 former employees and retirees of the state of Connecticut, Adam Levin found himself anxiously awaiting the Connecticut Supreme Court's ruling on March 31.
14 minute read

Shout-Out: Skadden Scores in FIFA Ethics Fight

April 06, 2017
A team from Skadden, Arps, Slate, Meagher & Flom convinced soccer's international governing body to lift a one-year ban on Saoud Al-Mohannadi, vice-president of the Asian Football Confederation and Qatar Football Association.
10 minute read

Shout-Out: Skadden Scores in FIFA Ethics Fight

A team from Skadden, Arps, Slate, Meagher & Flom convinced soccer's international governing body to lift a one-year ban on Saoud Al-Mohannadi, vice-president of the Asian Football Confederation and Qatar Football Association.
2 minute read

Prosecutor Left Paralyzed in Infamous Courthouse Hostage Fight Dies

April 05, 2017
The metal detectors, bag searches and armed bailiffs that are standard in courthouses today—this is where it started. In a courtroom in San Rafael, California in 1970 where a horrifying hostage standoff left a judge dead and an assistant DA paralyzed. But Gary Thomas, who went on to become a judge, was never bitter. "I feel blessed," he said.
11 minute read

Prosecutor Left Paralyzed in Infamous Courthouse Hostage Fight Dies

The metal detectors, bag searches and armed bailiffs that are standard in courthouses today—this is where it started. In a courtroom in San Rafael, California in 1970 where a horrifying hostage standoff left a judge dead and an assistant DA paralyzed. But Gary Thomas, who went on to become a judge, was never bitter. "I feel blessed," he said.
6 minute read

Skadden Wins Appeal That Could Mean Extra Pay for Calif. Judges

April 05, 2017
The decision, which found California judges were illegally stiffed on raises, clears a path for more current and former members of the state bench to collect $36 million in back pay.
21 minute read

Skadden Wins Appeal That Could Mean Extra Pay for Calif. Judges

The decision, which found California judges were illegally stiffed on raises, clears a path for more current and former members of the state bench to collect $36 million in back pay.
3 minute read

Judge Allows 3-Month Trial Delay Over Litigation Funding Issues

April 05, 2017
Exploring uncharted territory, U.S. District Judge James Donato on Wednesday agreed to postpone a computer hacking trial for three months while the plaintiff seeks new sources of litigation funding.
9 minute read

Judge Allows 3-Month Trial Delay Over Litigation Funding Issues

Exploring uncharted territory, U.S. District Judge James Donato on Wednesday agreed to postpone a computer hacking trial for three months while the plaintiff seeks new sources of litigation funding.
9 minute read

Ex-Snapchat Exec Goes Scorched Earth in Dispute with Company

April 04, 2017
A man who worked briefly at Snapchat before he was fired is making explosive claims that the company misled investors about user metrics in an effort to inflate its valuation before going public--never mind that the dispute is subject to (confidential) arbitration.
12 minute read

Ex-Snapchat Exec Goes Scorched Earth in Dispute with Company

A man who worked briefly at Snapchat before he was fired is making explosive claims that the company misled investors about user metrics in an effort to inflate its valuation before going public--never mind that the dispute is subject to (confidential) arbitration.
5 minute read

In Gay Rights 'Gamechanger,' Appeals Court Bars Employment Bias Based on Sexual Orientation

April 04, 2017
Overruling years of precedent, the U.S. Court of Appeals for the Seventh Circuit on Tuesday concluded that discrimination against employees on the basis of sexual orientation violates the Civil Rights Act.
13 minute read

In Gay Rights 'Gamechanger,' Appeals Court Bars Employment Bias Based on Sexual Orientation

Overruling years of precedent, the U.S. Court of Appeals for the Seventh Circuit on Tuesday concluded that discrimination against employees on the basis of sexual orientation violates the Civil Rights Act.
12 minute read

Plaintiffs Firm Sued for Defamation, 'Self-Aggrandizement'

April 04, 2017
Jay Edelson, founding partner of Edelson PC, called the complaint filed by a litigation foe "an attempt to do some late-in-the-game damage control" and promised an aggressive response.
11 minute read

Plaintiffs Firm Sued for Defamation, 'Self-Aggrandizement'

Jay Edelson, founding partner of Edelson PC, called the complaint filed by a litigation foe "an attempt to do some late-in-the-game damage control" and promised an aggressive response.
4 minute read

Will Federal Shield Law Save Facebook From Bias Suit?

April 04, 2017
Facebook's lawyers at Munger, Tolles & Olson have invoked Section 230 of the Communications Decency Act—a go-to defense strategy when internet companies are hauled into court.
7 minute read

Will Federal Shield Law Save Facebook From Bias Suit?

Facebook's lawyers at Munger, Tolles & Olson have invoked Section 230 of the Communications Decency Act—a go-to defense strategy when internet companies are hauled into court.
7 minute read

In Priest Sex Abuse Cases, a Sickening Calculation—and the Right Answer

April 03, 2017
Shouldn't any diocese that turned a blind eye to pedophile priests be punished monetarily? But what if that means that church goes bankrupt, with no assets left to pay the victims? Is that justice? A federal bankruptcy judge in Minnesota wrestles with the issue.
20 minute read

In Priest Sex Abuse Cases, a Sickening Calculation—and the Right Answer

Shouldn't any diocese that turned a blind eye to pedophile priests be punished monetarily? But what if that means that church goes bankrupt, with no assets left to pay the victims? Is that justice? A federal bankruptcy judge in Minnesota wrestles with the issue.
6 minute read

Lateral Report: The Few, the Proud, the March Movers

April 03, 2017
There weren't many run-of-the-mill lateral litigator moves in March, the kind where a mid-level partner at Big Firm A moves to Big Firm B, spouting something about platforms and synergy. Instead, the most notable March moves were propelled by something extra.
64 minute read

Lateral Report: The Few, the Proud, the March Movers

There weren't many run-of-the-mill lateral litigator moves in March, the kind where a mid-level partner at Big Firm A moves to Big Firm B, spouting something about platforms and synergy. Instead, the most notable March moves were propelled by something extra.
7 minute read

In O'Melveny Suit Over Leaning Millennium Tower, Catalog of Construction Defects With Dash of Drama

March 30, 2017
Far from a dry recitation of events, the lawsuit filed this week by O'Melveny & Myers partner Daniel Petrocelli describes secret intrigue and heartbreaking discovery.
9 minute read

Trump Travel Ban Boomerangs Back to the Ninth Circuit

March 30, 2017
The Trump administration on Thursday appealed a Hawaii federal judge's preliminary injunction blocking the president's second travel ban, sending the issue back to the U.S. Court of Appeals for the Ninth Circuit.
4 minute read

Litigators of the Week: How a Steptoe Team Got Their Client Off the Hook in Pay-to-Play Case

March 30, 2017
Reid Weingarten and Brian Heberlig of Steptoe & Johnson had four boxes full of evidence meant to destroy the credibility of Pennsylvania's former treasurer on the witness stand. Turns out, they didn't need to open a single box.
8 minute read

Giuliani, Mukasey Play Mysterious Roles in Case of Turkish Trader

March 30, 2017
A defense lawyer for Reza Zarrab confirmed the attorneys' involvement in response to a court order but said details of the representation are confidential.
16 minute read

At Tesla, Doozy of a Lawsuit Met With Doozy of a Response

March 29, 2017
No namby-pamby 'no comment' for the electric car maker when it was hit with an employment discrimination lawsuit this week. Instead, Tesla practically litigated its entire case in a press release.
23 minute read

AGs 'Don't Bite'—and Other Tips for Dealing With State Law Enforcers

March 29, 2017
Utah Attorney General Sean Reyes, who could be Donald Trump's pick to lead the Federal Trade Commission, says more companies should get to know their state attorney general offices.
7 minute read

Paul's Case Isn't Dead, McCartney Lawyers Say

March 29, 2017
The former Beatle isn't backing off his copyright suit against Sony. One early question: Does the matter belong in New York or the U.K.?
11 minute read

OMG! Lawyers Suing Buzzfeed Get Creative With Clickbait Court Filing

March 29, 2017
You won't believe what lawyers suing BuzzFeed in Miami court attached to a recent filing.
6 minute read

Behind an O'Melveny Lawyer's SCOTUS Debut: Two Years, Four Moot Courts and a Plan of Attack

March 29, 2017
You always remember your first, whether it's a kiss, a car, a parachute jump—or for a select few, your first argument before the U.S. Supreme Court. At 10 a.m. on Wednesday, O'Melveny & Myers counsel Deanna Rice will join the legal profession's most elite club.
19 minute read

Why Patent Ruling That 'Ignored' Supreme Court Precedent May Stand

March 27, 2017
The justices have shown no great deference to the Federal Circuit in recent years. Yet, they sound reluctant to overrule a 1990 decision that led to a crush of filings in the Eastern District of Texas.
19 minute read

Keystone Approval: Bittersweet for Sidley Team?

March 26, 2017
All but lost in the hubbub over the failure of health care reform was news that the federal government on Friday formally greenlighted the Keystone XL Pipeline. Great news for TransCanada Corp., but perhaps bittersweet for its lawyers at Sidley Austin. A stellar team of litigators was poised to break new legal ground with two novel challenges.
14 minute read

When Insurers Refused to Pay Verizon's $48M Legal Bill, This Lawyer Hit Back

March 23, 2017
McKool Smith insurance recovery practice head Robin Cohen won big in Delaware, forcing insurers to pay Verizon's massive legal bill to several elite firms that successfully defended the company after a failed spin-off.
25 minute read

Foul Shot: Gibson Dunn Slams NBA Agent

March 21, 2017
Sometimes you encounter a complaint of such breathtaking nastiness—like this beauty by Gibson, Dunn & Crutcher that evokes the movie "Jerry Maguire"—that you just have to stop and marvel.
20 minute read

Cagey Comey's Silence Could Speak Volumes

March 21, 2017
In one way, FBI Director James Comey did Donald Trump a favor on Monday when he testified that he found “no information” to back up the president's claims that Barack Obama wiretapped his phones.
9 minute read

Neil Gorsuch: The Yelp Reviews

March 19, 2017
If appellate lawyers wrote Yelp reviews, Neil Gorsuch would get five stars. At least that's the impression from lawyers who shared their memories of arguing before the Supreme Court nominee at the Tenth Circuit.
25 minute read

The Hogan Associate (and Partner) Who Knocked Out the Travel Ban

March 16, 2017
Colleen Roh Sinzdak only had a half a cup of coffee the morning before she argued against President Donald Trump's newest immigration executive order in the U.S. District Court of Hawaii. But the Hogan Lovells associate knows she talks too fast when she's had caffeine, and she's “never argued a case of this magnitude" she said. Little wonder.
13 minute read

This is the Most Terrifying Lawsuit Ever

March 15, 2017
It's like something out of “The Terminator.” A Michigan woman who worked in an auto parts factory was killed by a robot that inexplicably left its section and came into hers, where it “hit and crushed [her] head between a hitch assembly.”
8 minute read

A New Way to Get Inside a Juror's Mind

March 15, 2017
When I first sat down to meet Rosanna Garcia, the CEO and co-founder of an AI jury selection software startup called Vijilent, she already knew I grew up in Seattle. I hadn't told her that yet. But she knew anyway.
9 minute read

This Latham Partner Had a Very Good Day

March 15, 2017
Five. That's how many wins Latham & Watkins partner Matthew Moore racked up in a single day before the U.S. Court of Appeals for the Federal Circuit last week
9 minute read

This New Litigation Boutique Has Big Law-Size Ambitions

March 14, 2017
For a firm that's barely two months old, litigation boutique Pierce Sergenian is making some bold projections. “I'm a bold guy,” said co-founder John Pierce, a former partner at Quinn Emanuel Urquhart & Sullivan and Latham & Watkins, and—briefly— the co-head of litigation at K&L Gates.
23 minute read

Shout-Out: Kirkland Just Made Chipotle Feel A Lot Better

March 13, 2017
Beleaguered Chipotle Mexican Grill has one less thing to worry about, thanks to Kirkland & Ellis. The fast-casual restaurant chain is off the hook in a shareholder class action stemming from a rash of food poisoning outbreaks in 2015.
10 minute read

When Hiding Assets Doesn't Work: How Mintz Levin Recovered $20M for Cheated Client

March 13, 2017
Winning is great—but not if your client can't collect. Faced with a defendant who tried just about every trick to hide assets, including a bankruptcy filing, off-shore fund maneuvering and dissolution of the business, a team from Mintz Levin Cohn Ferris Glovsky and Popeo wouldn't take no for an answer.
30 minute read

Litigators of the Week: How New Lawyers Broke J&J's Losing Streak in Talc Trials

March 09, 2017
Following a month of trial, a Missouri jury found that Johnson & Johnson wasn't liable for a Tennessee woman's ovarian cancer. It was the first defense win in the talcum powder litigation for Johnson & Johnson, which was hit with verdicts of $55 million, $70 million and $72 million last year from jurors in the same St. Louis courthouse. What changed?
26 minute read

Bob Bennett Notches Surprise Win in Health Care Fraud Case

March 08, 2017
The legendary Hogan Lovells litigator scored a huge—and unexpected—win when a federal judge on Tuesday tossed out the jury's guilty verdict, ruling that the Justice Department did not prove its criminal case that a prominent Kentucky cardiologist defrauded the government.
12 minute read

I Spy Trouble for Vizio

March 08, 2017
Vizio got off for peanuts last month in a settlement with the Federal Trade Commission, but the television maker may not be so lucky in a pending MDL.
18 minute read

Gibson Dunn Wins Parole for Afghan Family Inexplicably Detained for Days at LAX

March 06, 2017
“The betrayal of this family by the U.S. government shocks the conscience,” wrote lawyers from Gibson, Dunn & Crutcher and Public Counsel in a habeas petition.
14 minute read

Cooley Submits a Powerful—and Personal—Brief in Transgender Bathroom Case

March 06, 2017
Sometimes the best way to argue your case is to tell a story. Take the unconventional and deeply moving amicus brief that Cooley and the Transgender Law Center filed last week with the U.S. Supreme Court in Gloucester County School Board v. G.G.
9 minute read

No, a Good Lawyer Could Not Make a 'Great Case' Out of Trump's Wiretap Claim

March 06, 2017
Unless Obama used a slush fund to hire a rogue ex-spy to sneak into Trump Tower via the elevator shaft, Donald Trump probably shouldn't be making a fuss about his phones being tapped.
13 minute read

Shout-Out: Milbank Wins Confirmation of Record-Setting Patent Arbitration Award for Bayer

March 03, 2017
In what Milbank, Tweed, Hadley & McCloy describes as the largest known arbitration award involving a patent dispute, partners Chris Gaspar and Michael Nolan won confirmation from the U.S. Court of Federal Appeals for a $456 million-plus payment to their client, Bayer CropScience.
10 minute read

Litigators of the Week: Knocking Out the Last of the Enron Suits

March 03, 2017
Some wins take time. Sullivan & Cromwell partners Robert Giuffra Jr. and Brendan Cullen know that for sure--it took them almost 15 years to win dismissal of a would-be class action against UBS stemming from Enron's collapse.
8 minute read

A Big Law Prognosis for FCPA, IP and White-Collar Enforcement Under Trump

March 02, 2017
Don't expect a lot of record-setting penalties or “first-ever” prosecutions coming out of the Trump administration—but litigators who specialize in False Claims Act and IP cases should stay busy.
12 minute read

Lateral Love: Top Litigator Moves in February

February 28, 2017
Lateral litigator moves appear to have cooled a bit in February, but some big names still found new homes. Here are 10 of the month's most notable moves.
72 minute read

The Single Worst Thing Trump's Budget Could Do to Our Justice System

February 27, 2017
At a time when the ACLU is raking in donations and basking in high-profile love (those blue ribbons at the Oscars? OMG!), the Legal Services Corp. is like the mousy, overlooked sister—not nearly so glamorous, but doing work that is absolutely essential. We cannot allow it to be destroyed.
9 minute read

Does Virtual Reality Belong in the Courtroom?

February 24, 2017
It would certainly help jurors to pay attention, or at least not fall asleep. But would virtual reality re-creations really get a jury closer to the truth?
11 minute read

Covington Team Takes Fight to the Feds to Make Clients Whole

February 23, 2017
Lawyers from Covington & Burling faced a formidable opponent and carried the burden of proof. But the team overcame those challenges to persuade a jury that the federal government should return assets seized from a Chinese couple running an import-export business.
10 minute read

How a Slam Dunk Victory Almost Slipped Away—and the Lawyering That Saved It

February 22, 2017
Arnold & Porter Kaye Scholer counsel Krista Carter faced a hot bench at the Federal Circuit earlier this month as she defended what looked like a bulletproof patent infringement judgment.
15 minute read

It's Official: Norton Rose Fulbright, Chadbourne & Parke Catch Merger Fever

February 21, 2017
The year is already shaping up to be a busy one for Big Law combinations.
60 minute read

Neil Gorsuch's 'Law's Irony' Makes High Court Appearance

February 21, 2017
U.S. Supreme Court nominee Neil Gorsuch's thinking on deference to federal agencies and the ever-increasing number of federal criminal statutes could make an appearance next week in the U.S. Supreme Court. The National Association of Criminal Defense Lawyers, in an amicus brief, quoted some of Gorsuch's remarks in his speech "Law's Irony," where he questioned whether the scope of U.S. criminal statutes had stretched too far.
11 minute read

Yale Names Heather Gerken as First Woman Law Dean

February 21, 2017
University officials announced Tuesday that Yale Law professor Heather Gerken, 48, will assume the deanship on July 1, replacing outgoing dean Robert Post.
11 minute read

Flush With Cash, the ACLU Staffs Up—and Gets Ready to 'Carpet Bomb'

February 17, 2017
Since the election, the American Civil Liberties Union has raked in $79 million in online contributions. Here's how it plans to use the money.
7 minute read

A Look at the Lawyers Who Won Key Battle in Water War

February 16, 2017
From the beginning, the Kirkland team's strategy was to make it impossible for Florida to build its case against Georgia in an epic battle over water rights.
15 minute read

War Stories: David Boies on the Long Fight—and 'Maddening' Finale—in Defending Hank Greenberg

February 16, 2017
In an interview by phone from a sailboat in the Caribbean, David Boies tells the story of how he whittled down the epic litigation against ex-AIG CEO Hank Greenberg, why the case finally settled after 12 years of fighting and what he thinks of New York AG Eric Schneiderman's attempt to spin the settlement.
32 minute read

For White House Counsel Donald McGahn, an Unwelcome Spotlight

February 15, 2017
If the president's lawyer is in the news, that usually means something has gone very wrong. Just over three weeks into his tenure as President Trump's White House counsel, Donald McGahn is discovering this first-hand.
13 minute read

Shout-Out: Covington Wins Trade Secrets Trial with $500M on the Line

February 13, 2017
With only five months before trial, a team of litigators from Covington & Burling parachuted into a trade secrets case against a division of McKesson Corp. with half a billion dollars at stake.
10 minute read

Pushing Back Against Imaginary Voter Fraud with a Real-Life Lawsuit

February 13, 2017
To the Trump administration and its surrogates: consider yourselves warned. You'll have a fight on your hands if you try to take voting rights away.
8 minute read

Will Rudy Giuliani's Loose Lips Sink the Travel Ban for Good?

February 13, 2017
Here are two cardinal sins for an attorney: saying something publicly that hurts your client's case. And bad lawyering. Rudy Giuliani appears to be guilty of both
21 minute read

Court Says 'Nein' to Overseas Discovery Bid in VW Case

February 10, 2017
Nice try. But no. This week, a magistrate judge in San Francisco sided with VW and rejected five applications by plaintiffs in Europe for access to 20 million pages of documents produced by the automaker in the U.S. MDL.
7 minute read

Litigators of the Week: Travel Ban First Responders, Take a Bow

February 10, 2017
Working in an atmosphere rife with uncertainty, misinformation and often devoid of communication by government officials, these lawyers surrendered sleep, prepared for every contingency and, in some cases, went with their gut to bring their clients safely to the United States.
30 minute read

Ninth Circuit, Asserting Its Role, Keeps Nationwide Block on Travel Ban in Place

February 09, 2017
If there's a way to respond to a president who has taken aim at the federal judiciary, it's to speak with one voice. That's just what the Ninth Circuit did on Thursday with its per curiam opinion that struck back at the notion that a president's actions are unreviewable.
9 minute read

White Knight David Boies Takes on Backpage.com and Sex Traffickers

February 08, 2017
Working pro bono, Boies Schiller Flexner and Legal Momentum filed suits in Arizona and Florida federal courts against Backpage and its owners for participating in the trafficking of children and young adults for sex. Why they may succeed where others have failed.
24 minute read

Why It Matters That More than 137,000 Listened to Travel Ban Appeal

February 08, 2017
This is what can safeguard our democracy. People—as many as possible—recognizing there is no such thing as a “so-called” federal judge. That our courts are legitimate and fair.
11 minute read

What's It Worth If Your TV Spies on You? About 17 Cents

February 06, 2017
Electronics maker Vizio surreptitiously captured second-by-second viewing data of customers who bought 11 million of its internet-connected televisions. But as a Vizio TV owner, the settlement with the Federal Trade Commission and New Jersey AG leaves much to be desired.
15 minute read

An Idaho Judge Sentenced This 19-Year-Old Man to What?

February 06, 2017
Sentences that fit the crime can be great—the polluter who has to pick up litter, the vandal who has to clean graffiti off the wall. But this?
4 minute read

Behind the $500M Curtain: How Skadden Handed Wilkinson Her First Trial Loss

February 05, 2017
After three days of deliberating, the federal jury in Dallas was back, ready to answer a $6 billion question: Did Facebook Inc. steal virtual reality technology for the Oculus Rift from Skadden's client, videogame maker ZeniMax Media Inc.?
23 minute read

Litigators of the Week: A Major Defense Win in Insider Trading Case

February 03, 2017
In one of the first cases to go to trial since the Supreme Court lowered the bar for prosecutors in insider trading cases, this team from Goodwin Procter handed the feds a big defeat.
8 minute read

Senate Dems Should Pick Their Battles—And Blocking Gorsuch Isn't One of Them

February 01, 2017
My mom used to tell me, “Two wrongs don't make a right.” It's a saying that some Democrats are apparently unfamiliar with. Because the fight over Neil Gorsuch is one that Dems aren't going to win--and Gorsuch is about as good as it's going to get.
9 minute read

New Year, New Job: Top Lateral Litigator Moves in January

February 01, 2017
Here's a look at a dozen of the most noteworthy litigator moves in January.
98 minute read

Trump Chooses Neil Gorsuch, Ivy League Conservative, for Supreme Court

January 31, 2017
In choosing Neil Gorsuch for the U.S. Supreme Court, President Trump opted for a candidate with traditional credentials shared by most modern-day justices. A Colorado native with a degree from Harvard Law School, Gorsuch clerked for Justice Byron White and Anthony Kennedy on the Supreme Court. "In our legal order, it is for Congress and not the courts to write new laws. It is the role of judges to apply, not alter, the work of the people's representatives," Gorsuch said at the White House.
11 minute read

On the Bright Side, Lawyers Are Suddenly Popular

January 31, 2017
If there's any silver lining to the first 11 days of the Trump administration, it's this: lawyers are suddenly beloved—at least by the masses who oppose the president's policies.
8 minute read

For Trump's Big SCOTUS Reveal, He Might Take Some Tips From LeBron James

January 30, 2017
It's perfect, really. Our television ratings-obsessed, former reality star president is going to announce his Supreme Court pick live during primetime on Tuesday evening. He might look to NBA star LeBron James for pointers on how to announce "The Decision."
8 minute read

Did Mark Zuckerberg Lie? Or is Facebook the Real Victim? It's up to the Jury Now

January 29, 2017
It takes a certain finesse for a lawyer to plausibly argue that Facebook—a $350 billion company—got bullied by a videogame maker that almost no one has heard of. Just as it takes a certain audacity for videogame maker ZeniMax's lawyer to imply Facebook CEO Mark Zuckerberg lied under oath.
24 minute read

Litigator of the Week: An Exceptional Carve-Out in VW Litigation

January 26, 2017
Arent Fox partner Russell McRory got a big win when the U.S. Court of Appeals for the Second Circuit reinstated a case he brought against Volkswagen, but a bigger problem was about to wipe out his victory.
8 minute read

Shout-Out: Simpson Thacher's Hat Trick

January 26, 2017
Litigators at Simpson Thacher & Bartlett kicked off the year with a trio of wins, confirming the dismissals of a securities class action and a whistleblower complaint and winning a jury verdict in a patent infringement case.
14 minute read

The Bad-Ass Honor Roll of Securities Litigation: These Plaintiffs Firms Will See You in Court

January 25, 2017
According to a new report, only .3 percent of securities class actions are tried to verdict. These are the firms that have gone the distance.
23 minute read

Wait, Did Dentons Really Screw Up Its Conflicts Check in Feud Between CNN and Price?

January 24, 2017
At first glance, it looks like an embarrassing screw-up. Two Dentons lawyers on Jan. 17 sent a letter to CNN on behalf of Rep. Tom Price—President Donald Trump's nominee to be secretary of Health and Human Services—demanding that the cable news network retract an unflattering story. Except CNN is also a firm client.
30 minute read

Will Standing Kill Suit Against Trump?

January 23, 2017
Standing. It wrecks all the fun lawsuits--including, perhaps, one by Citizens for Responsibility and Ethics in Washington claiming that President Donald Trump is violating the Foreign Emoluments Clause.
15 minute read

Currency Hedging: A Contrarian View

January 23, 2017
This former Am Law 100 COO says law firms should pause before adopting a new trend reported by Am Law Daily last week of law firms hedging currency to battle fluctuations in exchange rates.
4 minute read

The Real Killers on Capitol Hill? Former Law School Profs

January 22, 2017
Ex-prosecutors can be scary, but there's no one like a former law professor to hold someone's feet to the fire. Just ask Betsy DeVos.
19 minute read

Trump and Transparency

January 19, 2017
Anti-corruption efforts made strides during the Obama years. Will the momentum cease?
12 minute read

Shout-Out: Hogan Scores $24M Settlement for Black Secret Service Agents

January 19, 2017
A pro bono team from Hogan Lovells working with lawyers from Relman, Dane & Colfa won a $24 million settlement in a long-running racial discrimination class action on behalf of more than 100 current and former African-American Secret Service agents.
8 minute read

Litigator of the Week: The Lawyer Who Won Chelsea Manning Her Freedom

January 19, 2017
When a man from the Office of the White House Counsel called Nancy Hollander to tell her President Barack Obama had decided to commute her client Chelsea Manning's 35-year prison sentence, Hollander, a 38-year veteran criminal defense lawyer failed in one respect.
10 minute read

Crystal Ball Department: Law Firms Line Up to Offer 2017 Litigation Predictions

January 18, 2017
It's January. That means it's time for the first round of litigation trend forecasts from law firms and other industry players. What kinds of litigation do experts think will be hot?
22 minute read

All-Star Lawyers Duel in Dallas Over Who Owns the Oculus Rift

January 17, 2017
The best litigators tell stories. Two masters are at work this week spinning opposite tales in a Dallas federal courthouse in a huge intellectual property fight over virtual reality technology that could revolutionize the $90 billion video game industry.
19 minute read

'Real Cars,' the BFG and the Right Way to Read Emails--a Texas Judge Tackles Tech in Oculus IP Case

January 17, 2017
Dallas federal judge Ed Kinkeade is not what you'd call a big computer guy. Some of his exchanges with the attorneys in the Oculus trial are are laugh-out-loud funny, as he wrestles to understand the technology and keep the lawyers in line.
23 minute read

Shout Out: Skadden Scores Two Wins in Two Days for Two Asia-Based Issuers

January 12, 2017
Litigators from Skadden, Arps, Slate, Meagher & Flom scored two separate wins for two Asia-based issuers in two days, knocking out securities class actions in the Central District of California and the Southern District of New York.
16 minute read

Litigators of the Week: A Rare Feat in a Billion Dollar Drug Fight

January 12, 2017
In a case with billions of dollars at stake, McDermott Will & Emery partners William G. Gaede III and Sarah C. Columbia won a rare post-trial ruling for Amgen Inc. that booted a rival's drug from the market.
16 minute read

Will the Real Jeff Sessions Please Stand Up?

January 11, 2017
You can judge a man by the quality of his friends, the old saying goes. But what about the quality of his enemies? Day Two of Senator Jeff Sessions' confirmation hearing gave us the chance to do both.
12 minute read

Meet the Lawyer Who Just Deposed Donald Trump

January 10, 2017
There are apex depositions--and then there's the president-elect of the United States. Steptoe & Johnson LLP partner Brigida Benitez deposed Donald Trump last week in connection with his lawsuit against chef José Andrés. In a way, it was perfect that the lawyer holding Trump's feet to the fire is a Latina woman--the daughter of immigrants and the first member of her family to go to college.
18 minute read

A Case Study in How to Spin a Lawsuit: Jellyfish Memory Supplement Maker v. the FTC

January 10, 2017
Post-truth. It's not just for politics anymore. Consider how Quincy Bioscience countered a suit filed against it on Monday by the Federal Trade Commission and New York Attorney General Eric Schneiderman.
16 minute read

Litigators of the Week: Stamina Pays for David Boies and Carl Goldfarb in 14-year fight

January 05, 2017
After 14 years and two trips to the U.S. Supreme Court, Boies, Schiler & Flexner partners David Boies and Carl Goldfarb secured a $100 million settlement from Halliburton.
15 minute read

Plaintiffs Firms Reel In Big Tuna With Price-Fixing Claims

January 04, 2017
Sorry Charlie. A San Diego federal judge allowed a massive MDL alleging that StarKist, Bumble Bee and Chicken of the Sea conspired to fix the price of canned tuna to move forward.
23 minute read

Want to be a Full-Time Law Prof? Here's One Big Law Litigator's Experience

January 03, 2017
You're swamped with deadlines, you're constantly traveling, you're dealing with obnoxious opposing counsel or a cranky judge. Wouldn't it be great to be a law professor instead, pondering the majesty of the law and enlightening eager students? Here's the story of one big-time litigator who made the move--and then came back.
18 minute read

A 'Soul Crushing' Client Suicide in Gay Civil Rights Case

January 02, 2017
It's easy to forget how intensely personal and stressful litigation can be--until the consequences of a loss become overwhelming. Now, a San Diego lawyer is grappling with the suicide of his client after losing a high-profile gay civil rights case in December.
14 minute read

2016 in Review: Litigators of the Week, Take a Bow

December 29, 2016
A look back at the Litigator of the Week winners in 2016, including the firms and lawyers that racked up the most honors.
210 minute read

2016 in Review: Most Ridiculous Lawsuits

December 29, 2016
Consumer protection lawsuits, while sometimes heroic, can also be uniquely dumb. Which is why suits targeting Starbucks, Krispy Kreme and Advil top my list of the year's most ridiculous lawsuits. A close second: negligence suits where people try to blame anyone but themselves for terrible events.
17 minute read

2016 in Review: Game-Changing Lateral Moves

December 27, 2016
Not all lateral moves are created equal. A select few reshape the competitive landscape, changing who clients hire and why. Here's a look back at some of them in 2016.
135 minute read

2016 in Review: Biggest Dud of a Lawsuit

December 27, 2016
In the end, it was the case that wasn't. Jane Doe/ “Katie Johnson” accused Donald Trump of raping her when she was 13. The allegations were brutal, explosive--and unsubstantiated.
5 minute read

Litigator of the Week: The Biggest Patent Verdict in U.S. History--By a Lawyer Who Never Tried an IP Case Before

December 22, 2016
Don't hate her -- but Jones Day partner Stephanie Parker had never tried an IP case before she convinced a jury to award her client, a Merck subsidiary, $2.54 billion in a patent infringement suit against Gilead Sciences.
21 minute read

This Public Defender Spent a Decade in Prison. Now She's Been Pardoned With Help from Quinn Emanuel

December 22, 2016
Serena Nunn went from federal prison inmate to the University of Michigan Law School to Georgia public defender. The final chapter in her extraordinary journey: a pardon from President Obama--with help from Quinn Emanuel partner Sam Sheldon.
19 minute read

Secrets from the Other Side of the 'V'--Plaintiffs Firms Open Up

December 20, 2016
Top plaintiffs lawyers share how they see themselves, how their work has changed and their biggest concerns for the future.
39 minute read

Litigator of the Week: Robert Van Nest Cements Himself as Silicon Valley's Copyright Defense Lawyer

December 15, 2016
Facing a $335 million damages demand from networking giant Cisco Systems Inc., Robert Van Nest and his team at Keker & Van Nest mounted a multi-pronged defense for Arista Networks Inc.
13 minute read

Feds Must Stand Up to Trump on Hotel Lease Before It's Too Late

December 14, 2016
You don't have to be an ethics expert to see that the Trump International Hotel's lease with the federal government presents a conflict of interest for the president-elect. The question is, what is the General Services Administration going to do about it?
9 minute read

Kirkland Litigators Take on Sumner Redstone in Ugly Fight Over Gifts to Ex-Lover

December 14, 2016
A pair of top litigators from Kirkland & Ellis struck back on behalf of the ex-girlfriend of media mogul Sumner Redstone in a court filing that veers from romantic to lewd to vaguely threatening. It's a quite a read--and a reminder that while corporate litigation can be fierce, it's nothing compared to the blood sport that is family law.
13 minute read

Paltry Justice in Food Poisoning Case as ConAgra Gets Off for Peanuts

December 13, 2016
Two companies. Two outbreaks of salmonella-tainted peanut butter. And two very different outcomes.
15 minute read

How a Problem Client Stuck Two Am Law 100 Firms With His Unpaid Bills

December 11, 2016
Hold on. You can't even get a smartphone without a credit check. How did two of the biggest, most sophisticated law firms in the nation do $800,000 worth of work without ensuring that they were actually going to get paid? Blame “a very convincing fraudster,” said Thomas Buchanan, the managing partner and head of litigation for Winston & Strawn's D.C. office.
73 minute read

Litigator of the Week: Flipping a Monster Verdict at the Fifth Circuit

December 08, 2016
For almost 10 years, Paul, Weiss, Rifkind, Wharton & Garrison partner Bob Atkins has represented medical supply company BD in an antitrust suit over syringes. The case blew up in 2013 into a $340 million jury verdict. But Atkins' strategy from day one was to build a record for the U.S. Court of Appeals for the Fifth Circuit. It paid off.
35 minute read

DOJ Under Trump: Radical Change or More of the Same?

December 08, 2016
Time for a favorite post-election parlor game: What might we expect from the Trump administration's Justice Department? In recent off-the-record conversations, former DOJ lawyers shared some insights. Their takeaway: the changes may not be so drastic after all
22 minute read

Kasowitz Wins One for Marine Who Tried to Save His Comrades in Afghanistan

December 07, 2016
In a year where emails and mishandling of classified information have loomed so large, this case stands as an example of misapplied justice.
12 minute read

What These Winning Litigators Know That You Might Not

December 05, 2016
When 23 of the top litigators in the country offer advice on how to succeed in court, it's worth listening.
43 minute read

Durie Tangri Associate Believed Dead in Oakland Fire, Firm Says

December 05, 2016
Nicholas Walrath, a 2013 graduate of New York University School of Law, joined the firm in October.
11 minute read

How Gibson Dunn Proved a Key Document Was Fake--And Won Big

December 04, 2016
Forgery. Perjury. Willful destruction of evidence. Litigators might sometimes suspect the other side of such shenanigans, but rarely do you get an unequivocal win as a result. On Friday, a team from Gibson, Dunn & Crutcher pulled it off, arguing successfully that a key plaintiffs' document in a $12 billion fight was fake.
32 minute read

Leaping Litigators: November's Biggest Lateral Moves

December 02, 2016
November is a great month for eating turkey and hunkering down until the end of the year. Still, there were a handful big lateral litigator moves. Here are some of the most notable, at firms including Perkins Coie, WilmerHale and Sheppard Mullin.
35 minute read

Litigator of the Week: Nabbing the Counterfeiters for 5-Hour Energy

December 01, 2016
Geoffrey Potter and his team in the anti-counterfeiting practice at Patterson Belknap Webb & Tyler helped Living Essentials go after a criminal ring producing fake bottles of the popular 5-Hour Energy drink.
11 minute read

Why the Recounts Aren't Pointless--Even if Trump Still Wins

November 29, 2016
The recounts in Wisconsin, Pennsylvania and Michigan won't change the election results--we all know that, right? But they need to happen anyway.
11 minute read

Litigator of Week: The Lawyer Behind the Trump U Settlement

November 23, 2016
Daniel Petrocelli convinced President-elect Donald Trump to settle the Trump University litigation despite his client's insistence on going to trial on Nov. 28. And he did it while settling another high profile case that same week on behalf of Sirius XM Radio Inc.
22 minute read

How a Class Action Against Purina Went to the Dogs

November 20, 2016
I'd like to think that the food that I buy for my two dogs won't actually kill them. A decision by a San Francisco federal judge to toss a would-be class action against Purina is reassuring--but leaves some questions unanswered.
16 minute read

Litigators of the Week: Covington Team Beats Back Rare Breed Of Antitrust Case At ITC

November 18, 2016
When the U.S. International Trade Commission waded into a legal issue it hadn't touched in almost 40 years--how to handle allegations of price-fixing--a Covington & Burling team rose to the challenge.
13 minute read

Get Ready for War: Hausfeld Sues 9 Companies Over Radioactive Contamination

November 16, 2016
Hausfeld on Wednesday launched what is likely to be a massive fight, suing nine companies including energy giant Exelon Corp. over radioactive contamination stemming from the Manhattan Project.
6 minute read

There Goes My Plan to Live on Nothing but Doughnuts

November 16, 2016
News flash: doughnuts are not a health food. Which is why it's hard to sympathize with Jason Saidian, who filed a $5 million class action lawsuit against Krispy Kreme Doughnuts in Los Angeles federal court last week.
3 minute read

Putting Stephen Bannon's First Amendment Beliefs (or Lack Thereof) to the Test

November 16, 2016
Might Stephen Bannon be a moderating influence on the president-elect in favor of First Amendment protection? After all, Breitbart has talked the talk when sued for libel. But the publication's threat on Tuesday to sue a major media company for labeling it “white nationalist” is not an encouraging sign.
14 minute read

Pence and His Big Law Counsel Wage Their Own Email Secrecy Fight

November 14, 2016
Sorry Mike Pence--turnabout is fair play. You can't spend weeks demanding that Hillary Clinton bare all of her emails and then think it's A-OK to claim your communications as governor of Indiana should be shielded from disclosure.
18 minute read

Take Our Trump University Juror Quiz

November 13, 2016
The Trump University fraud case is headed to trial on Nov. 28 --but how to pick a jury? We've got some ideas for what to ask prospective jurors.
6 minute read

Litigator of the Week: Letting the Experts Do the Work

November 10, 2016
Duane Morris attorney Matthew A. Taylor doesn't believe that lawyers win cases. For him, it all comes down to the experts. That's why, when faced with defending a medical device maker in a notoriously plaintiff-friendly venue, he wasn't worried.
13 minute read

In Trump Administration, Plaintiffs Lawyers to the Rescue?

November 09, 2016
With Republicans in control of the White House and Congress and poised to pick the tie-breaking ninth Supreme Court justice, the plaintiffs bar is now one of the few checks on government power. Scary, I know.
11 minute read

Job One for Obama on Nov. 9: Fire Comey

November 09, 2016
Now that the election is over, President Obama should do us all a favor and fire FBI Director James Comey. Not just because Comey recklessly disclosed the renewed investigation into Hillary Clinton's emails. He has to go because he can no longer effectively lead the bureau and law enforcement community.
9 minute read

Behind Clinton and Trump, an Army of Lawyers on High Alert

November 07, 2016
If post-election litigation erupts, both sides have lawyers at the ready in key battleground states.
35 minute read

Litigator of the Week: An Unexpected Win for Peter Thiel's Palantir Could Change How the Feds Do Business

November 04, 2016
Boies, Schiller & Flexner partner Hamish Hume built a case around an untested 1994 law requiring government agencies to consider commercial products first to bring home a win for Palantir.
10 minute read

The Day the Trump Child Rape Case Almost Got Real

November 02, 2016
For a second there, it seemed liked the Trump child rape suit was going to get real. Nationally known plaintiffs attorney Lisa Bloom sent out a press release Wednesday morning announcing that the anonymous woman who accused Donald Trump of raping her when she was 13 was going to go public. It didn't happen.
8 minute read

October's Biggest Lateral Litigator Moves

October 31, 2016
Here are The Lit Daily's top picks for the biggest lateral litigator moves this month.
56 minute read

When Good Lawyers Do Bad Things, James Comey Edition

October 31, 2016
If James Comey just handed Donald Trump the presidency over what turns out to be a bunch of ads from Pottery Barn and Linked In requests, I'm going to take to the bathtub with a bottle of gin for the next four years.
8 minute read

A Glimpse Behind the Curtain of Simpson Thacher in Clinton Foundation WikiLeaks Dump

October 30, 2016
Simpson Thacher & Bartlett is a guest star in the trove of Wikileaks emails involving the Clinton Foundation--a rare, unfiltered look at attorney-client correspondence that includes billing details, nitpicky rewrites and attempts to manage perception. But the biggest takeaway is that the firm identified potential pay-to-play conflict of interest issues--real or perceived--that have become a significant campaign liability for Hillary Clinton.
26 minute read

Litigators of the Week: One for the History Books

October 28, 2016
It's a truism that litigation is a zero sum game--there's a winner and a loser. But not this week. For the first time that we can remember, the Litigation Daily is naming opposing counsel as our co-litigators of the week, a historic honor that goes to Robert Giuffra Jr. of Sullivan & Cromwell and Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein.
19 minute read

Shout-Out: Jenner & Block Hits a High Note in Appellate Copyright Win

October 26, 2016
A team from Jenner & Block delivered an appellate win worth millions to its record label clients in a long-running copyright infringement suit against a pair of online music websites.
10 minute read

Remembering the Heartbreaking Loss of Two Best Friends at Harvard Law

October 26, 2016
Seven years ago today, Michael Weston died in a helicopter crash in Afghanistan. A 37-year-old Harvard Law graduate, he had joined the Drug Enforcement Administration as a special agent. Five months before, he'd married a fellow member of the Harvard Law class of 1997, Cynthia Tidler. Whose first husband, Weston's best friend, was also from the class of '97 - and who also died in Afghanistan.
23 minute read

Why Jared Fogle's Ex-Wife's Suit Against Subway Is Hard to Swallow

October 25, 2016
Here's a rule of thumb: if you're going to marry someone, do your own due diligence about his or her sexual preferences. Don't expect a heads-up from their employer.
8 minute read

Nasty Women, Legal Edition

October 24, 2016
If Donald Trump follows through with his threat on Saturday to sue all 11 women who have accused him of groping, he'll find opposing counsel spoiling for a fight. All I can say is, pass the popcorn.
14 minute read

The Right Way to Hold Judges Accountable (Hint: It's Not an Online Petition)

October 23, 2016
It's hard to defend any judge who thinks 60 days in jail is an appropriate punishment for a father who raped his 12-year-old daughter. Still, there's something ominous about what seems to be a new pattern: a judge issues a lenient but legal sentence, and the mob descends.
9 minute read

Litigator of the Week: The Texas Lawyer Who Sued His Law School

October 20, 2016
Albert Deaver earned his J.D. from South Texas College of Law in Houston--but that hasn't stopped him from leading the charge in a trademark suit against his alma mater when it sought to rebrand itself the Houston College of Law.
7 minute read

Latham Ducks Disqualification in Nasty Insurance Fight

October 18, 2016
Latham & Watkins on Tuesday dodged a motion to disqualify in a nasty spat in the Eastern District of Missouri. Although Senior U.S. District Judge E. Richard Webber squarely sided with Latham, he admonished both sides to behave themselves.
10 minute read

This Lawsuit Gives Me a Headache

October 18, 2016
They say there are no stupid questions. But that's definitely not true when it comes to lawsuits. On Tuesday, a federal judge in New York dismissed one of the dumber ones of late, booting a would-be class action against Advil maker Pfizer Inc.
11 minute read

If Trump Wins, What Happens to the EEOC's New Vow to Defend Muslims and Immigrants?

October 17, 2016
It's hard to imagine a federal agency that would be less in sync with the priorities of a Trump administration than the U.S. Equal Employment Opportunity Commission.
10 minute read

Sullivan & Cromwell's Sharon Nelles on VW, Opposing Counsel and Taking Work-Life Balance 'One Day at a Time'

October 17, 2016
Sullivan & Cromwell star litigator Sharon Nelles spoke with the Lit Daily about her work on the $14.7 billion VW settlement, the key to effective negotiation and how she's managed her work/ life balance at Sullivan & Cromwell, where she's a member of the executive committee.
35 minute read

Litigator of the Week: Apple's Wild Ride

October 14, 2016
The latest Apple v. Samsung appeal reminds William Lee of a Disneyland adventure. "This had more twists and turns than Mr. Toad's Wild Ride,” the Wilmer Cutler Pickering Hale and Dorr partner says.
15 minute read

Yes, the CFPB is Unconstitutional--But Its DC Circuit 'Loss' is Actually a Win

October 12, 2016
In some ways, the U.S. Court of Appeals for the D.C. Circuit handed the Consumer Financial Protection Bureau a win on Tuesday when it found the agency's structure was unconstitutional. Look past the red meat rhetoric about 'massive unchecked power' and focus on the remedy.
12 minute read

Meet the L.A. Lawyer Who Just Might Save Bill Cosby From Criminal Conviction

October 10, 2016
“I view myself as a lawyer who happens to be a woman,” said Angela Agrusa, the head of litigation at Liner LLP in Los Angeles, who recently stepped in as lead counsel for Bill Cosby in both his civil and criminal cases. “What I really believe in is our justice system.”
20 minute read

Litigators of the Week: A $302M Hat Trick for This Texas Trio

October 07, 2016
Three must be the right number for Caldwell, Cassady and Curry. The trio just won a third time for VirnetX against Apple, securing a $302 million jury verdict in the Eastern District of Texas.
7 minute read

Hamster Wars: Hasbro, Fox News Anchor Harris Faulkner Settle Spat Over Toy Name

October 05, 2016
Harris Faulkner is a perfectly fine name for a Fox News anchor--but it's a terrible choice for a hamster toy. Hasbro Inc. found out the hard way.
13 minute read

Leaping Laterals: Firms Grab Obama Administration Litigators; Appellate and International Aces

October 03, 2016
September saw more than its share of big-time lateral moves. Here are the top 10.
72 minute read

Litigator of the Week: A Stunning Reversal by the Second Circuit? Priceless.

September 30, 2016
Cravath, Swaine & Moore Chairman Evan Chesler won vindication for American Express before the U.S. Court of Appeals for the Second Circuit--and handed the U.S. Department of Justice a major loss.
12 minute read

Why the 9/11 Victims Law is a Terrible Idea

September 28, 2016
You've got to wonder how many members of Congress who voted on Wednesday to override President Obama's veto of a bill allowing the families of 9/11 victims to sue Saudi Arabia actually think it's a good idea. Because it's not.
9 minute read

SCOTUS Preview: Four Cases You Should Know About

September 28, 2016
The new Supreme Court term is just around the corner, kicking off on October 4. In anticipation, four experts on Tuesday offered insights on cases to watch as well as the court's composition and future.
13 minute read

VW to Foreign Plaintiffs: Quit Fishing and Do Your Own Discovery

September 27, 2016
On behalf of the secretaries and administrative assistants and file clerks of the world: discovery sucks. Which is why when foreign plaintiffs requested copies of all the documents--20 million pages--that Volkswagen has produced as part of multi-district litigation in San Francisco federal court, my initial reaction was 'Sure, hand 'em over.' Except it's not that simple
11 minute read

Wait, How Is Dentons a More 'Fearsome' Litigation Opponent Than Quinn Emanuel?

September 26, 2016
For three years in a row, the same quartet of firms topped BTI Consulting Group's 'Fearsome Foursome' list of most-feared opponents in court. Until now, when Dentons displaced Quinn Emanuel at the top. Except....why?
90 minute read

Litigators of the Week: The Team Who Made the Feds Sing

September 22, 2016
Two lawyers from Milbank, Tweed, Hadley & McCloy won a ruling striking down a Department of Justice directive on music licensing that could have thrown the recording industry in turmoil.
15 minute read

Congratulations, You're a Great Lawyer--and You're Not a Jerk

September 22, 2016
The legal world is full of lists and rankings. I should know, I help compile some of them. But there's one honor that stands apart: the American College of Trial Lawyers. Being a member amounts to a stamp of approval from your peers that not only are you an excellent lawyer, you're also not a jerk. Who are the 2016 inductees?
34 minute read

Letting Chinese Companies Play by Their Own Rules in U.S. Courts

September 20, 2016
The first-ever antitrust trial of a Chinese company in the U.S. didn't end well. The U.S. Court of Appeals for the Second Circuit on Tuesday let a Chinese vitamin C maker off the hook for price fixing, even though the company admitted that it did it. Credit another first: the Chinese government's unprecedented foray as an amicus, represented by Sidley's Carter Phillips.
17 minute read

No More Secrets: These New Apps Dive Deep Into Law Firm Performance

September 20, 2016
Like a kid in a candy shop. That's how I feel about two new apps by Lex Machina that launch this week, the Law Firms Comparator and the Courts & Judges Comparator.
43 minute read

This Kasowitz Qui Tam Suit Could Be the Biggest Law Firm Payday of All Time

September 18, 2016
Plenty of law firms represent whistleblowers. But in a new $90 billion qui tam case, Kasowitz, Benson, Torres & Friedman is the whistleblower. The 350-lawyer New York-based litigation powerhouse is going after four of the country's largest chemical companies for allegedly failing to inform the EPA of serious health injuries caused by a common chemical. As the relator, the firm could--at least in theory--be entitled to as much as 30 percent of the recovery, or $27 billion dollars. They just have to win.
20 minute read

Litigators of the Week: The IP Team That Won a 'Rare and Powerful Case'

September 16, 2016
The U.S. Supreme Court has set a high bar for patent-based injunctions, so Weil, Gotshal & Manges partner Edward Reines and associate Derek Walter get Litigator of the Week honors for meeting it in a high-stakes case.
13 minute read

Yes, Even Polygamist Reality TV Stars Have Privacy Rights

September 15, 2016
It takes a certain shamelessness for a reality television star to claim a constitutional privacy violation. But in a new cert petition, 'Sister Wives' reality television stars Kody Brown and his four wives make a persuasive case that Utah's anti-bigamy law crosses the line.
8 minute read

Tired? Busy? Hate Going to Meetings? These Debevoise Lawyers Show Why You Should Join a Bar Association Anyway

September 14, 2016
Deborah Enix-Ross remembers the first time she attended a bar association meeting many years ago. “I looked around, and not only was I the only woman in the room, I was the youngest person by 25 years,” she said. “I thought 'Why am I here?” She and three other prominent Debevoise & Plimpton lawyers explain why it's worth it.
8 minute read

Ranking Winning and Losing Litigators (Do You Want to Know How You Stack Up?)

September 13, 2016
Litigation is the original zero sum game--there are winners and losers. But ask a litigator about his or her win/loss record, and more often than not, you get hemming and hawing. Now, a new legal analytics company called Premonition is trying to quantify it.
15 minute read
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Who Got The Work

Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.

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Who Got The Work

Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.

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Who Got The Work

Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.

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Who Got The Work

David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.

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Who Got The Work

Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.

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