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Lawsuits Claim Juul Labs and Altria Illegally Monopolized the E-Cigarette Market

More than half a dozen class actions allege that Altria, as part of its 2018 agreement to acquire 35% of Juul, agreed to drop out of the closed system e-cigarette market in violation of federal antitrust laws. The lawsuits follow a similar administrative complaint brought by the Federal Trade Commission's filing April 1.
4 minute read

Is Someone Coaching Your Witness Off-Camera? In a Changing World, Litigators Adjust Strategies

"If a person has neck pain, the doctor is evaluating him over the phone, performing the physical through video conferencing and documenting the condition," one lawyer says. "At trial, both sides are going to harp on the fact that the doctor can't put his hands on the patient and can't feel the spasms."
3 minute read

Amazon Accused of Violating California Price-Gouging Law in COVID-19 Emergency

Lawyers at Hagens Berman filed a proposed class action claiming that Amazon and its third-party sellers violated a California law which bars price increases of more than 10% during declared emergencies on essential goods including food, cleaning materials, and medical supplies.
4 minute read
News

Top Latham London Partner Withdraws Age Bias Claim Against Firm

John Houghton ended the proceedings earlier this year, tribunal documents show.
2 minute read
Commentary

Daily Dicta: Travelers Taps Boutrous to Sue Geragos Over COVID-19 Insurance Coverage

The declaratory judgment suit filed by Gibson, Dunn & Crutcher's Ted Boutrous on behalf Travelers Casualty Insurance Co. is sort of brilliant--because hmmm who could Travelers use as a test case for denying coverage without alienating large swaths of the public? How about a law firm?
5 minute read

Attorney Thrown Out at 2nd Circuit Tries SCOTUS Appeal

"I think oral argument is largely a charade," Todd Bank said. But he doesn't believe his dust-up with the Second Circuit should figure into the Supreme Court's decision on the case, which centers on a rule requiring bar applicants to file sponsor affidavits.
4 minute read

Report: Trade Secret Litigation Cases Down but Damages Up in 2019

"The first way for a general counsel to use it is to validate their own choice of [outside] counsel," said Mark Klapow, a litigation partner and co-chair at Crowell & Moring in Washington, D.C. "You want someone who's been there before and really understands how to work these cases."
5 minute read

As Workforce Scatters, Burden Falls on Practice Group Leaders to Keep Firm Culture Intact

Practice heads are serving as "mini-managing partners" and "front-line lieutenants" as law firms fight to maintain business continuity and ensure cohesion during the COVID-19 pandemic.
5 minute read

Missouri Sues China for Billions Lost to Coronavirus

Missouri's lawsuit, filed Tuesday, makes it the first state to sue Chinese governmental authorities for allegedly covering up knowledge of the coronavirus.
4 minute read

Judge Refuses to 'Destroy' King & Spalding Billing Records the Firm Wants to Pull Back

King & Spalding "asks the court to turn back the clock and treat the sealed material as if plaintiff had never intentionally placed it on the court's docket. That the court cannot do," U.S. District Judge Amit Mehta said in a new order.
5 minute read
Commentary

Daily Dicta: Is This the Way to Save Civil Jury Trials?

Civil jury trials face "an existential threat," says Stephen Susman, the Susman Godfrey co-founder and executive director of the Civil Jury Project at NYU School of Law. But he has a bold vision for how to save them post COVID-19.
6 minute read

Fans Seeking Refunds Sue Major League Baseball

A class action, filed by Milberg, alleges Major League Baseball has failed to refund ticket holders for the 2020 season in the wake of the COVID-19 outbreak.
2 minute read

Henry Miller, Former NY State Bar President and 'Trial Lawyer of the Old School,' Dies at 89 Due to Coronavirus

Miller, widely known throughout New York state's bar as a gifted orator in front of juries and as a mentor and teacher of the art of trial lawyering, who for years wrote a column on trial techniques for the New York Law Journal, died April 16 at a rehabilitation center in Mamaroneck, New York.
5 minute read
News

Ex-Managing Partner Plus 3 Leave Pierce Bainbridge to Start New Firm

The former acting managing partner at Pierce Bainbridge has formed a new boutique with three lawyers based in Los Angeles, as their prior firm appears on increasingly shaky ground.
3 minute read

Justices Sharply Divide Over When to Overturn Precedent

Justice Samuel Alito Jr.'s dissent began with his statement that "the doctrine of stare decisis gets rough treatment in today's decision."
7 minute read

Ticketmaster Sued by Concertgoers Over Refund Policy Change Amid Coronavirus

The lawsuit claims Ticketmaster Entertainment Inc. and its parent company, Live Nation Entertainment Co., retroactively changed refund policies in the wake of COVID-19.
3 minute read

'Like a War Zone': NY Nurses Union Sues Bronx Hospital, Claiming Failure to Protect Staff from COVID-19

The federal litigation against Montefiore Medical Center argues that nurses are treating sick patients with "inadequate" equipment, frequently in rooms that were not properly converted to handle a COVID-19 patient.
4 minute read

Supreme Court Gives PTO More Power Over Patent Validity Challenges

Whether a petitioner acted within a year of being sued is not reviewable by Article III courts, the justices rule in 7-2 decision.
6 minute read
Commentary

Daily Dicta: We May Not Have Sports, But At Least We've Got Sports Litigation

This is the third pending suit that revolves around who has dibs on representing NBA star rookie Zion Williamson for marketing and branding deals.
7 minute read

King & Spalding Says Feds Should Destroy, or Return, Sealed Billing Records

King & Spalding withdrew an attorney fee request after a Washington trial judge said the firm would need to reveal hourly rates and other records. The U.S. Justice Department is opposing the firm's push for an order requiring the government to destroy or return the disputed billing records.
6 minute read

Lloyd's of London, 5 Other Insurers Hit With Class Action Over COVID-19 Coverage

Four law firms have filed separate class actions against six different insurers, alleging they denied business interruption claims filed by thousands of small businesses across the country. The lead plaintiffs include La Luz Ultralounge in Bonita, California, and Nick's New Haven Style Pizzeria & Bar in Coral Springs and Boca Raton, Florida.
3 minute read

Forget Email or Letters. Judge Seeks to Solve Discovery Spat in Facebook Privacy Suit With Zoom

U.S. Magistrate Judge Jacqueline Scott Corley advocated for informal, virtual face-to-face communication and understanding during these unprecedented times.
3 minute read

Buffalo Woman Faces Federal Charges in COVID-19 Spitting Case

Some attorneys said the federal charges, stemming from an incident where a woman allegedly spat on a U.S. Postal Service worker, put the public on notice that serious criminal consequences can come from intimidating people with the coronavirus.
3 minute read

How Goldman Sachs' Compliance Team Saved the Firm From Bribery Charges

"The firm's compliance personnel took appropriate steps to prevent the firm from participating in the transaction, and it is not being charged," regulators said in a statement.
4 minute read
Podcast

'Painfully, Sadly, Far Too Many Bankruptcies': Gibson Dunn Top Litigator on What's Coming Post-COVID-19

Randy Mastro, co-chair of the firm's litigation practice group, describes the growing wave of lawsuits.
1 minute read
Q&A

Litigators of the Week: How Kaplan Hecker Duo One-Upped the Trumps in Fraud Suit

'At its core our case is straightforward: The Trumps deliberately made false and misleading statements in exchange for millions of dollars in payments that were not disclosed to investors who relied on what the Trumps said and lost hundreds or thousands of dollars as a result. That is called fraud, and the victims are entitled to damages as a result. '
12 minute read
News

JetBlue Denied Refunds to Passengers Stranded Amid Pandemic, Federal Suit Claims

JetBlue canceled "hundreds of daily flights" in late March and April as travel plummeted and restrictions expanded, according to the suit, filed in Brooklyn federal court.
2 minute read

Attorneys Predict a 'Huge Explosion' in Worker Class Actions Over COVID-19

So far, employees for the government, a hand bell factory and a hair salon have filed class actions, and lawyers predict many more to come, as about 22 million people file for unemployment claims.
8 minute read

Stanford Law School Launches Free Database of COVID-19 Legal Memos

"Here is a wealth of knowledgeable information coming from the most sophisticated law firms in the world to inform your thinking without your picking up the phone and paying a dime," said creator and Stanford law and business professor Joseph Grundfest.
4 minute read

Jenner & Block Joins Push by House to Convince En Banc Circuit of Right to Sue Trump Admin

Big Law firms including Miller & Chevalier, Arnold & Porter Kaye Scholer and Orrick, Herrington & Sutcliffe also filed amicus briefs supporting the House's position.
6 minute read

Families of Texas and California Victims File Wrongful Death Lawsuits Against Princess Cruise

The lawsuits, filed separately on Wednesday, allege Princess Cruise's gross negligence caused the COVID-19 deaths of a California passenger on the Ruby Princess and a Texas passenger on the Grand Princess.
5 minute read

Some Tips From the Trenches Ahead of the Supreme Court's First Telephonic Arguments

Morrison & Foerster's Joseph Palmore recently argued his first telephonic oral argument before the highest court in Massachusetts. He shares his thoughts on what makes a successful session.
6 minute read
Commentary

Daily Dicta: McKool Smith Insurance Ace Robin Cohen Previews Coronavirus Insurance Battles

"It's not to say it won't be extremely expensive, but they're in the business of insuring risk—and who better to evaluate risk" than an insurance company? said McKool Smith insurance recovery practice head Robin Cohen.
4 minute read
Commentary

Privacy in the Pandemic Age: Balancing Business Need-to-Know vs. Employee Privacy 

'Employer vs. employee privacy and technology legal issues are convoluted and getting more convoluted by the day,' writes Levick chairman and CEO Richard Levick.
7 minute read

DOJ Says Judges Can't Stop Immigration Hearings Over COVID-19. Cleary Gottlieb Calls That a 'Death Trap.'

Immigration lawyers and detained immigrants want U.S. District Judge Carl Nichols to temporarily stop all in-person immigration proceedings during the COVID-19 pandemic.
4 minute read

Defense Lawyer's Comment to Witness Means New Med Mal Trial for Ex-NFL Player

"'Five thousand. Five thousand of those radiologists and [the plaintiff] couldn't find one of them to come into this courtroom to support [his fact witness] did you know that?'" defense counsel asked the defendant's musculoskeletal radiology expert on the witness stand.
3 minute read

6th Circuit: MDL Judge's Ruling in Opioid Case Was 'Clear Abuse of Discretion'

MDLs, Sixth Circuit Judge Raymond Kethledge wrote, "are not some kind of judicial border country, where the rules are few and the law rarely makes an appearance."
6 minute read
News

'Uncharted Territory': Federal Judge Ends Phone Hearing After Unruly Audience Keeps Interrupting His Call

U.S. District Judge Steve Jones opted to reconvene privately with lawyers after the audience failed to abide by repeated requests to mute their phones.
4 minute read

Let's Be Honest: Who's Litigating in Pajamas?

They used to be in the courthouse. Now, after COVID-19-related closures, they're on their sofa.
6 minute read

Split 11th Circuit Finds No Statutory Rights for Jeffrey Epstein Victims

"Despite our sympathy for Ms. Wild and others like her, who suffered unspeakable horror at Epstein's hands, only to be left in the dark—and, so it seems, affirmatively misled—by government lawyers, we find ourselves constrained to deny her petition," the majority said.
5 minute read
Commentary

Daily Dicta: Class Action Objectors Can Be Annoying—But This One Has a Point

It's not that Hagens Berman doesn't deserve its $48M fee—they make a strong case for why they earned every penny. But at the same time, shouldn't the firm's initial promise to work for less count for something?
5 minute read

Attorneys for Elizabeth Holmes Urge Pushback of August Trial Date, Prosecutors Endorse October Start

"Quite simply, we believe this is not the first or even one of the first cases that should be tried as the courts adopt new procedures and make adjustments for safe public health while conducting trials, given several unusual characteristics," wrote Holmes' lawyers at Williams & Connolly, citing the months-long trial schedule and crowds of onlookers outside the courthouse for prior hearings.
4 minute read

Pleas Mount for Release of Inmates at Risk of COVID-19

"The body count has begun," wrote three former U.S. Department of Justice high-level prosecutors in a New York Daily News column. They said that "thousands of Americans who live and work in our federal prisons are at grave risk from COVID-19, and their [federal] government is not moving quickly enough to protect them."
4 minute read

Antitrust Class Action Targets Food Delivery Apps Over 'Unlawful' Contracts

The proposed class action lawsuit, filed late Monday in the U.S. District Court for the Southern District of New York, targets GrubHub, DoorDash, Postmates and Uber Eats over their use of "no price competition clauses," which force restaurants to charge uniform prices for menu items.
4 minute read

Just the Papers Please: DC Circuit Scraps More Oral Arguments

The D.C. Circuit said it will skip arguments and instead rule on the briefs in 13 cases so far since the court announced it would stop holding in-person proceedings during the COVID-19 pandemic.
7 minute read

Southwest Airlines Hit With Class Action for Failing to Refund Canceled Flights

The suit argues that the company's policy of offering credits for canceled flights violates its contract with customers and federal law.
4 minute read

Six Flags Hit With Two Class Actions Seeking Refunds Due to COVID-19

Two class actions allege Six Flags continued to automatically charge monthly and season pass holders despite closing its amusement parks through mid-May due to the coronavirus.
3 minute read
Q&A

Litigation Leaders: Fenwick's Jed Wakefield on Tech Clients, Staying Connected and Playing the Endgame

'Our approach is scalable—we handle cases for companies ranging from early-stage startups to Fortune 50 companies. These are fast-moving clients, and each has its own set of risks and competitive concerns. We have no standard playbook or one-size-fits-all approach.'
8 minute read

Harvard Law's Lessig, New York Times Both Claim a Win in Defamation Suit's Withdrawal

The professor, Lawrence Lessig, said through a lawyer that he had "achieved everything he set about to accomplish," while the Times said that we "chose not to enter into a settlement agreement but instead decided to make minor changes in the lead [of the article]" while also noting that "as we were about to file a motion to dismiss, Professor Lessig withdrew his suit, before a judge was able to assess the suit's merits."
5 minute read

DOJ Opposes Hillary Clinton's Challenge to Rare Deposition Order

The former U.S. secretary of state's lawyers at Williams & Connolly question the Justice Department's position and assertions in the pending D.C. Circuit case over Clinton's email practices.
6 minute read

Judge Denies Action Against BofA Over CARES Act Loans

In her ruling Monday, U.S. District Judge Stephanie Gallagher concluded that the CARES Act had no implied private right of action allowing plaintiffs to bring the class action over Bank of America's handling of a $349 billion loan program to small businesses. She did, however, acknowledge "a significant flaw" in the program, deferring to Congress to make any changes to the new law.
5 minute read

Avenatti Ordered Released from NY Lockup Over Coronavirus Concerns

Avenatti petitioned Selna for temporary release last month, saying that he was at high risk of contracting COVID-19 and that his cellmate had recently been removed due to flu-like symptoms.
3 minute read

Hear Ye: US Supreme Court Sets Audio Arguments for Select Cases in May

Among the cases the justices said they would hear in May include the dispute over Trump's financial records, an Obamacare case and the controversy over "faithless electors."
4 minute read
Commentary

Black Swan—COVID-19 and Its Impact on the Practice of Law

As lawyers, we must accept that COVID-19 will change the practice of law; it will change how legal services are provided; it will change how legal services are marketed; and it will change how legal services are taught.
5 minute read
Commentary

Daily Dicta: A Hot Fight over 'Hot Bench'

The underlying case is worthy of a reality television episode of its own. As Sidley Austin partner David Carpenter put it, "It's almost a Perry Mason-style story."
7 minute read
Expert Opinion

Quit Thanking the Jury in Opening—Inspiration from Leon Black

'There is simply no excuse, in any case, civil or criminal, big or little, business or bloody, that the very first words you speak to the jury are not a critical part of the story, the theme, the reason you are making them listen to you, with the goal of demonstrating the strength of your case' writes Blank Rome's Insurance Recovery Group chair Jim Murray.
8 minute read
News

Doug Greenburg Steps In as Latham White-Collar Chief as Kathryn Ruemmler Exits for Goldman Sachs

Greenburg said he wants to recruit and develop talent, despite the challenges of the pandemic, while Kathryn Ruemmler vowed to maintain a relationship with Latham in her new role at Goldman Sachs.
4 minute read

US Judge Questions Plaintiffs' Right to Sue Over $2T Stimulus Loan Program

In what could be the first court interpretation of the federal government's $2 trillion COVID-19 stimulus package, a federal judge appeared reluctant to grant a temporary restraining order against Bank of America over its application process.
5 minute read
News

Google Gets Harsh Copyright Ruling From Competition Watchdog in France

The French Competition Authority cited "serious and immediate harm to the press sector" in ordering Google to start negotiating in good faith with news publishers over the use of their content online.
4 minute read

And the LOTW Runners Up...

Honorable mention goes to lawyers from Skadden; Quinn Emanuel; Squire Patton Boggs; Kirkland & Ellis; Sullivan & Cromwell; Sidley Austin; Latham & Watkins; and Erise IP.
4 minute read

Safety or Liberty: Litigators Push for Constitutional Rights Amid COVID-19 Restrictions

In states like Texas, New York, Georgia, Connecticut, Pennsylvania and Washington, D.C., lawyers are filing cases arguing that governments' coronavirus restrictions are violating Americans' constitutional rights.
6 minute read
News

Unhappy with Online Courses, University Student Files Class Action for Refund

Adelaide Dixon claims she and hundreds of other students paid for an "in-person, hands-on curriculum."
3 minute read
Q&A

Litigators of the Week: Gibson Dunn Trio Extinguish $100M Suit against Universal Music

'Plaintiffs had an ostensibly sympathetic narrative but it was based on inaccurate facts and misrepresentations about what the recording agreements actually provided,' said Gibson Dunn partner Scott Edelman.
10 minute read

BofA Says Class Action Could Threaten Loans to Small Businesses

A team from Williams & Connolly opposed a motion that would force Bank of America to stop limiting applications under the federal government's $349 billion relief program, in which small businesses receive loans to stay afloat during the COVID-19 outbreak.
5 minute read

Pierce Bainbridge Loses Three Name Partners

Pierce, Bainbridge, Beck, Price & Hecht is now without Beck, Price and Hecht, as three name partners join a growing list of departures.
4 minute read

Covington Hands Over Additional Files to Mike Flynn, After 'Inadvertently' Missing Them Earlier

The sentencing of the former Trump national security adviser, who pleaded guilty in 2017, has been delayed for months as a federal judge in Washington weighs whether to allow Flynn to withdraw his guilty plea.
5 minute read

NY Court System Plans to Relax Coronavirus Restrictions

The memorandum states the ban on filing new nonessential matters will continue, but the system will move to open up remote access for nonessential cases that are pending.
4 minute read

SDNY Judge Rules Trump and Family Can't Force Arbitration in Fraud Suit

"Now that defendants have extracted what they can from the judicial proceedings, they seek to move to a different forum," U.S. District Judge Lorna G. Schofield wrote.
4 minute read
Commentary

Daily Dicta: Tide Turns Against Goldman Sachs in $13B Class Action

"We believe that our appeal raises important and recurring legal issues impacting securities class actions generally. We intend to ask the full Second Circuit to review this decision," said Goldman spokeswoman Maeve DuVally.
6 minute read

After Judge Orders Billing Rates Unsealed, King & Spalding Drops Fee Request

"As reflected by an internet search utilizing the term 'King and Spalding billing rates,' King & Spalding has publicly filed its billing rates in other cases," the U.S. Justice Department argued, opposing the firm's effort to seal documents in a public records lawsuit.
6 minute read

Lieff Cabraser Files First Class Action Against Princess Over Quarantined Cruise Ship

The class action, also filed by Mary Alexander & Associates, joins at least half a dozen individual suits brought by passengers of the cruise, after which 21 people tested positive for the coronavirus and two of them died.
3 minute read

What Happens to Medical Malpractice Lawsuits as More Doctors Immunized From Liability?

Lawyers for hospitals predict there still could be medical malpractice lawsuits amid the COVID-19 outbreak, but plaintiffs lawyers are concerned about their practices. "You don't want to be the one suing heroes," said attorney John Hochfelder.
8 minute read
News

'A Pro Bono Boom': As Pandemic Worsens, Doctors, Inmates & Immigrants Get Big Law Help

Counsel at firms with top-ranked pro bono programs say they're seeing an increase in both the demand for pro bono work during the COVID-19 pandemic, and in attorneys at their firms wanting to offer free legal services.
8 minute read
Analysis

Is Your 'Non-Essential' E-Filed Case in New York COVID-Halted? Not Necessarily.

There are options for moving one's non-essential e-filed case forward—options well worth understanding, and available even after the present health emergency subsides.
8 minute read
Commentary

Potential Risks for Lawyers Resulting From COVID-19

Even with all of the new tools available to attorneys, a number of questions remain regarding the ability of attorneys to take a "business as usual" approach when it comes to practicing law during the pandemic. Here are some key questions and concerns on the minds of attorneys.
6 minute read

Former Watchdogs Sound Off on Trump's Denigration of Inspectors General

"These actions send a clear message to inspectors general that they're going to be in danger if they criticize the administration," Jenner & Block's Neil Barofsky said. "That is not how it's supposed to work."
6 minute read
Commentary

Daily Dicta: With a 'Broadside' of 11 Class Actions, Two Elite Litigation Boutiques Take on Cryptocurrency Issuers

In suits filed in U.S. District Court for the Southern District of New York, litigators from Selendy & Gay and Roche Cyrulnik Freedman allege that the defendants sold billions of dollars of unregistered digital tokens and other financial instruments to investors in violation of federal and state securities laws.
5 minute read
Letter to the Editor

The Southern District of New York Held that Bangladesh Bank's Litigation to Recover Over $81 Million in Stolen Funds Was Properly Located in New York

"While this sounds like a movie, it is not. It is real, and it is tragic. It involves the callous theft of much needed funds from the people of Bangladesh, for which the Bank serves as the Central Bank," write John J. Sullivan and Jesse Ryan Loffler.
8 minute read

LA City Lawyer Forces Company Offering 'FDA-Approved' Home COVID-19 Tests to Cease Sales, Pay Refunds

Yikon Genomics Inc. and Brandon Hensinger, the CEO of the Foster City, California-based company, were alleged to have offered an at-home test for the virus behind the global pandemic even though the FDA has so far not approved any such a test.
3 minute read

Leaked Comments by Amazon GC Could Fuel Retaliation, Race Discrimination Claim

"It's one of the most ignorant things I've ever seen a company counsel say," employment lawyer and former EEOC attorney Carolyn Wheeler told Corporate Counsel.
5 minute read

How Justice Alito Signaled Defeat for DOJ in Key Age-Bias Case

During oral arguments, Alito told U.S. Solicitor General Noel Francisco: "I have a terrible time fitting your argument into the statutory language."
5 minute read

The Story Behind Houston Lawyer's $40 Million Defense Verdict

"Stand your ground, when you know you are right," said Trey Peacock, a partner at Susman Godfrey, co-counsel in a $40 million trial.
4 minute read
Commentary

COVID-19 Shouldn't Grind All Appellate Proceedings to a Halt

Although it now seems like eons ago, on March 3, I delivered what has likely turned out to be my last in-person appellate oral argument for quite some time to a three-judge panel of the Pennsylvania Superior Court sitting in Philadelphia.
7 minute read

Will COVID-19 Lead to Claims Against Attorneys?

The years following the 2008/2009 financial crisis led to a large uptick in claims against attorneys, and attorneys should be aware similar situations could occur in the COVID-19 crisis. Clients who lose money, opportunities, or deals may look to blame others to recover their losses, even where no fault actually lies with their attorney. For example, clients in real estate transactions and other financial services brought a number of claims in the years after the 2008 crash against lawyers, realtors, and financial institutions. Clients in the COVID-19 environment may similarly take the position that their attorneys were "guarantors" of specific outcomes for their clients, even though the law does not hold lawyers to such a standard.
6 minute read
Commentary

Daily Dicta: Sorry, But Gun Stores Should Be the Opposite of Essential Right Now

Fear is a central animating force in recent lawsuits filed by the National Rifle Association and other pro-gun groups against officials in New York and California, demanding that firearms retailers be designated as essential businesses and allowed to remain open during the pandemic.
6 minute read

And the LOTW Runners Up...

Honorable mention goes to lawyers from Beveridge & Diamond; Venable; Sullivan & Cromwell; Gibson, Dunn & Crutcher; Winston & Strawn; Latham & Watkins and Kirk;and & Ellis.
4 minute read

Podcast: Zoom GC Aparna Bawa Opens Up About Big Gains and Some Growing Pains

Bawa, who joined the video conferencing company in 2018, shares what it's been like as Zoom has gone from business tool to virtual lifeline and come under scrutiny for security vulnerabilities.
2 minute read

Delaware Judge Steps on Excess Litigation in Shoe Design Case

U.S. District Judge Maryellen Noreika held Soto Massini's CEO personally liable for a $2.9 million judgment over infringing shoe designs while finding the case exceptional. But an attorney fee award will be limited, because Gavrieli Brands 'over-litigated' the case.
3 minute read

In Canceling More Arguments, SCOTUS Says 'Other Alternatives' Are on the Table

The court's postponement of oral arguments had led to increasing speculation by advocates and others as to how the court ultimately would resolve the argument issue.
6 minute read

O'Melveny Shakes $54M Malpractice Case Claiming It Cheated Ex-Client

Veteran law firm defender Kevin Rosen of Gibson Dunn said the ruling sends a message to the bankruptcy trustee who brought the case: Time to move on.
4 minute read

SDNY Judge Tosses Fraud Suit by Fantasy Sports Players Over MLB Sign-Stealing Scandal

U.S. District Judge Jed Rakoff said that the plaintiffs' "verbose, rhetorical, and largely conclusory complaint" had failed to make out that the league owed gamblers a duty to take additional action to prevent player misconduct.
3 minute read

$11.5 Million Fumble as Court Rules Against Ex-NFL Player O.J. McDuffie

In the first trial, the court had entered final judgment in O.J. McDuffie's favor, awarding the athlete $11.5 million in damages.
5 minute read
Q&A

Litigators of the Week: Kirkland Trio Drive Home a Pair of Class Action Wins

Kirkland & Ellis partners Rick Godfrey, Wendy Bloom and Andrew Bloomer successfully defended class actions against General Motors and Polaris.
13 minute read

DOJ, States, SEC Pursue COVID-19 Enforcement Actions

A Baker Donelson government enforcement group looks at the building effort targeting COVID-19 scams and virus-related crimes, including the arrest of a California man who solicited investments in a company that he claimed "would be used to market pills to prevent coronavirus infections and an injectable cure for those suffering from COVID-19."
7 minute read

As COVID-19 Cools Courts, Business Is Booming for Mediators

"Business is dramatically increasing, as long as mediators are able to offer options for remote attendance," said Mark Lemke, incoming president of the Southern California Mediation Association.
4 minute read

Marriott Hit With Class Action After Latest Data Breach Revelation

The new case was filed in the wake of Marriott's announcement Tuesday that it had been the victim of another data intrusion, one that could affect as many as 5.2 million people.
3 minute read

At the Supreme Court, DOJ Fights a Navy Vet's $35K Fee Request

The dispute confronts provisions of the Equal Access to Justice Act, a law that allows "prevailing party" plaintiffs in certain instances to recoup litigation fees in cases involving federal agencies.
5 minute read

Plaintiffs Attorneys Are Skeptical of COVID-19 Med-Mal Cases, but Katrina Showed Risks for Hospitals

Lawmakers may also weigh in, as doctors' insurers and plaintiffs lawyers say they are each working on legislation to protect health care providers from claims stemming from the COVID-19 crisis. Where these adversaries draw the line remains to be seen.
7 minute read

More Partners Exit Boies Schiller in DC, Los Angeles

At least 16 partners have left Boies Schiller this year. But the firm's leaders said some people have been asked to leave and that some departures, even from the equity partner ranks, have been a wash, financially.
4 minute read
Commentary

Daily Dicta: How Akin Gump Litigator Won Compassionate Release for One Federal Inmate

"Prisons are tinderboxes for infectious disease," wrote Senior U.S. District Judge Anita Brody of the Eastern District of Pennsylvania. "The question whether the government can protect inmates from COVID-19 is being answered every day, as outbreaks appear in new facilities."
6 minute read

Retired SDNY Judge Who Presided Over Mobster and Terrorist Trials, Dies From COVID-19

While he had many accomplishments on the bench, "at the heart of his greatness were small acts of care and concern for others," said Judge P. Kevin Castel.
3 minute read

Judge in Elizabeth Holmes Fraud Case Pushes Forward With Summer Trial Date Despite COVID-19

Lance Wade of Williams & Connolly, one of the Theranos founder's lawyers, said Wednesday that social distancing restrictions had made it "close to impossible" for the defense to prepare for the trial set to begin in August.
4 minute read
Expert Opinion

What Spanish Flu-Era Contract Fights Tell Us about Pandemics and Contractual Performance

A historical parallel exists that potentially sheds light on the approach courts may adopt when interpreting contracts in light of an epidemic: the Spanish flu, writes Sidley Austin's global litigation co-head Yvette Ostolaza and associates Daniel Driscoll and Tayler Green.
6 minute read

How Pro Bono Counsel from Morgan Lewis Quickly Jumped Into a Coronavirus Class Action

Morgan Lewis' senior pro bono trial lawyer Susan Baker Manning is among the attorneys working on a class action to protect detained immigrant families during the COVID-19 pandemic.
8 minute read

Consultant: 'Strong, Big-Name Firms' Are Looking at Imminent Cuts to Partner Draws

To deal with economic uncertainty, industry adviser Kent Zimmermann said Am Law 100 firms are seriously considering numerous meaningful cost-cutting options.
5 minute read

Latham Lands (Another) Leading Williams & Connolly Partner as Nick Boyle Joins in DC

Boyle, who joins Latham less than three months after patent litigator Adam Perlman, co-chaired the unfair competition and trade secrets practice and the arbitration practice at Williams & Connolly.
4 minute read

Zoom Sued Over Facebook Data Transfers

Lawyers at Tycko & Zavareei assert that Zoom's sharing of user data to third parties was an "egregious breach of their trust and of social norms" and violated even Facebook's policies.
4 minute read
Commentary

Daily Dicta: Coronavirus Litigation: The Good, the Bad and the Stupid

Come on really? There's a global pandemic and you're suing because you think Brazilian waxes are an essential business?
8 minute read

US Judge Rules Past iCloud Subscribers Can't Pursue Injunctive Relief in Class Action

In partially granting Apple's motion to dismiss a class action of iCloud users who argue that the tech company fraudulently outsourced the storage of their data to Microsoft and Google, U.S. District Judge Lucy Koh ruled that class members who did not pay Apple for storage do not currently have standing for injunctive relief.
4 minute read

Bayer Challenges 'Novel Theory' Behind $265M Dicamba Verdict

Bayer also called the jury's $250 million in punitive damages excessive, unconstitutional and "the result of passion and prejudice," with statements comparing Monsanto "with violent criminals" and disclosing the company's net worth.
4 minute read
Commentary

Global Litigation Post-Coronavirus Pandemic

Preparing now for this new influx of lawsuits may position both small and large companies to be on stronger footing after the dust from the coronavirus pandemic settles.
12 minute read

Coronavirus Delays Judge's Review of Unredacted Mueller Report

"The judge's review of the Mueller report marks one of the most significant 'in camera' reviews in the history of the Freedom of Information Act," the advocacy group Electronic Protection Information Center, a plaintiff in the case, said.
4 minute read
News

With Courts Shuttered by COVID-19, Litigators Embrace Settlements

"We're finding that plaintiffs attorneys are reaching out to use this as an opportunity to resolve cases that would normally take months or years, and probably go to trial," said John Hall of defense firm Hall Booth Smith, which boasts about 250 lawyers in eight states.
7 minute read

DOJ to En Banc DC Circuit: US House Can't Sue or Arrest Don McGahn in Subpoena Fight

The authority to arrest executive branch officials is not something the U.S. Constitution would leave "to mere speculation," the Justice Department argued.
5 minute read
Commentary

Daily Dicta: Well, At Least Skadden Had a Good Week

The firm's results last week show why clients keep hiring them.
7 minute read

How the Coronavirus Crisis Is Reshaping Alternative Dispute Resolution

As with law firms, many alternative dispute resolution organizations had to transition to fully remote operations to comply with shelter-in-place orders virtually overnight. And some experts predict that these changes could outlast the crisis.
7 minute read

Kirkland Wins Copyright Fight Over NBA Player Tattoos

Judge Laura Taylor Swain rules that when three tattoo artists drew on the arms of LeBron James, Kenyon Martin and Eric Bledsoe, they knew the art was going to be displayed in media, including video games.
4 minute read

Winston Adds Seyfarth Class Action Chair to Chicago Office

Daniel Blouin, who spent nearly three decades at Seyfarth, shared what it's like to start at a new firm during a pandemic.
3 minute read

Japanese Gaming Billionaire Hires Dentons in $50M Fee Fight With Bartlit Beck

Kazuo Okada claims an arbitration panel that found he owes millions to Bartlit Beck ignored his medical reasons for not traveling to a U.S. hearing.
5 minute read

And the LOTW Runners Up...

Honorable mention goes to litigators from Gibson Dunn; Greenberg Traurig; Cravath; Latham & Watkins; Jenner & Block; Kaplan Hecker and Kirkland & Ellis.
4 minute read

'It's Going to Be Extraordinary': Predictions and Advice From Ex-TARP IG Barofsky for Coronavirus Recovery Oversight

"The potential number of companies or recipients is vast, to put it mildly, which makes certain things more important and certain things very different," Jenner' & Block's Neil Barofsky, former special inspector general under the Troubled Asset Relief Program, says. "It's going to be extraordinarily important what processes and procedures surround the determination of who gets money and who doesn't."
12 minute read

As COVID-19 Hits Pocketbooks, Lawyers Watch for Consumer Class Actions

As class actions over COVID-19 already hit court dockets, lawyers expect to see more lawsuits over price gouging and health claims.
8 minute read
Q&A

Litigator of the Week: In $100M Cyberheist, Sidley's Cheng Gets Case Tossed Against Bank 

"A moment I will never forget is when I first met the chairman of RCBC in Manila,"said Sidley's Tai-Heng Cheng. "She ordered lunch for me and then looked me in the eye, and said, 'You better win this.' I'm glad we didn't let her down."
10 minute read

'Mild Improvements' for David Lat, but Prognosis Remains Uncertain

"There have been mild improvements in his oxygen and his breathing, but he remains intubated and we are still very far from out of the woods," said Zachary Baron Shemtob, Lat's husband, in an interview Thursday.
6 minute read

Freeze in Most NY Civil Filings Brings Concern, Frustration for Litigators

"It's a great handicap, it's major, and I don't like it," said real estate lawyer Adam Leitman Bailey. "We have been filing, but the only things we're filing are affidavits of service and orders to show cause when we have emergencies."
5 minute read

'What Justice Requires': Federal Courts in Pa. Fight to Stay Open Amid Coronavirus Outbreak

Attorneys have unanimously said judges have been very accommodating about continuing cases, or handling them through videoconferencing.
7 minute read

How Courts Are Staying Connected in the Coronavirus Crisis: 'We're Trying Something New Here Today'

"Disruption of the routine, combined with the enormous stresses of this crisis, is a recipe for disaster for those with addictions," Judge Tain Kell said. "We knew we owed it to our participants to find a way to continue their treatments and fulfill our responsibilities, and to do it quickly."
7 minute read

In Postmates Arbitration Battle, Things Get Personal Between Gibson Dunn and Keller Lenkner

Lawyers at Gibson, Dunn & Crutcher have once again called Keller Lenkner's motives and credibility into question as the plaintiffs firm seeks to force the company to arbitrate claims for 10,356 Postmates couriers. Keller Lenkner's Travis Lenkner in an email said that Postmates' complaint is frivolous, but "that's nothing new."
5 minute read

DOJ Charges Maduro, Venezuelan Leaders in Scheme to 'Flood' US With Cocaine

The U.S. Department of Justice on Thursday charged Venezuelan President Nicolás Maduro and 14 current and former officials with money laundering and other charges in an alleged narco-terrorism conspiracy to "flood" the United States with cocaine.
6 minute read

As the Economy Staggers, Greenberg Traurig Gets Zirinsky Back, Builds Bankruptcy Practice

Bruce Zirinsky, the former co-chair of Greenberg's restructuring practice, is best known for his work on blockbuster airline restructurings and has been solo since 2015.
3 minute read
Commentary

Daily Dicta: Under-the-Radar Fight Over Jones Day Memos Could Sharply Undercut Attorney-Client Privilege

'If left undisturbed, the district court's rules will hamper the ability of attorneys, auditors, and other professional advisors to provide effective counsel to a wide range of American businesses,' warned the U.S. Chamber of Commerce and the Association of Corporate Counsel.
6 minute read

Trade Secrets Feud Puts EV Battery Maker's US Manufacturing Plans at Risk

"Default is the only appropriate remedy here," ITC Administrative Law Judge Cameron Elliot concluded after reviewing SK Innovation's spoliation of evidence in a trade secrets action.
6 minute read

DOJ, FTC Bend Antitrust Rules to Allow Companies to Collaborate on Fighting COVID-19

The agencies are still enforcing antitrust laws, Morrison & Foerster partner David Meyer said. He added, "I think each situation still needs to be evaluated by counsel. These are good tools to use, but they are not a blank check."
4 minute read

This Is What It's Like to Be Sentenced in DC's Federal Courthouse During COVID-19 Pandemic

Most proceedings at the D.C. trial court have been postponed due to the pandemic. But attorneys for one criminal defendant urged he be resentenced quickly, as it could allow him to be quickly released from federal prison.
6 minute read

US Judge Dismisses Legal Malpractice Suit Over Mesh Fees

A federal judge has dismissed a legal malpractice lawsuit against six law firms in New Jersey and Texas accused of using invalid retainer agreements to charge excessive contingency fees for thousands of clients suing over transvaginal mesh devices. The firms included Nagel Rice and the Potts Law Firm.
5 minute read

'Snowballed Into a Full-Blown Crisis': Attorneys See Compliance Risks Amid Pandemic Response

The heightened risk of corruption has come as the novel coronavirus has upended everyday life and complicated the work of compliance teams tasked with heading off overseas bribery and other corporate misdeeds.
4 minute read

California Judge Censured for Years of 'Sexist and Unseemly' Remarks

"Judge Bennett has accepted this censure, taken full responsibility for his conduct, and is committed to improving as a judicial officer," lawyers for Judge Jeffrey Bennett of the Ventura County Superior Court said.
3 minute read
Commentary

Daily Dicta: Hello Counselor? Are You There? Litigating in the Age of Zoom

When U.S. District Judge Cathy Seibel of the Southern District of New York presided over online closing arguments in a Voting Rights Act case pitting lawyers from Morgan Lewis against a pro bono team from Latham & Watkins, the result was somewhere between painful and Abbott-and-Costello funny.
6 minute read

Taxi Companies Stall in Bid to Pursue 'Predatory' Pricing Claims Against Uber

California's First District Court of Appeal ruled Monday the Unfair Practices Act does not apply to Uber, whose rates are governed by the California Public Utilities Commission.
3 minute read

Judges and Lawyers Praise California's Statewide Suspension of Trials Amid Pandemic

Chief Justice Cantil-Sakauye faced a "tough call" in a rare scenario that required balancing competing interests.
4 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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