Litigation Daily | Expert Perspectives On The Biggest Cases

Big Law Partner Sues Houston Restaurant After Alleged Rape, Seeking $20M

Brenda Sapino Jeffreys | February 05, 2019

The plaintiff, a partner in the Houston office of large international firm, alleges she was raped in 2015 by a former bartender at Brennan's of Houston.

6 minute read

Daily Dicta: Proud Boys Founder Sues Southern Poverty Law Center for Defamation (Good Luck With That)

Jenna Greene | February 05, 2019

You don't have to look hard to find the irony in a defamation lawsuit filed Monday by Proud Boys founder Gavin McInnes against the Southern Poverty Law Center.

6 minute read

Sidley Finalizes $32 Million Turnaround in Come-From-Behind Win for Sprint

Scott Graham | February 04, 2019

The Federal Circuit agreed there was still time—even after it had ruled—to go back to district court and attack a $32 million patent judgment against Sprint Spectrum.

3 minute read

Court Revives Rocker Eddie Money's Bid to Knock Out Ex-Drummer's Age Discrimination Claim

Ross Todd | February 04, 2019

The Second District Court of Appeal found that the '70s rocker's band lineup decisions naturally implicate the First Amendment, and revived his anti-SLAPP motion.

2 minute read

Fight Looms as Judge Grants Potential $550M in Pelvic Mesh Fees

Amanda Bronstad | February 04, 2019

U.S. District Judge Joseph Goodwin ordered a 5 percent hold-back on settlements over the objections of three law firms.

6 minute read

Suddenly on Deck for Virginia Governor, MoFo's Justin Fairfax Blasts Assault Allegations

Ryan Lovelace | February 04, 2019

Fairfax's part-time political career is suddenly looking much more full-time.

3 minute read

Pierce Bainbridge Adds Laterals in Boston, NYC and LA, Touting 'Exponential' Difference

Meghan Tribe | February 04, 2019

With new hires in Boston and New York and new offices in Los Angeles, founder John Pierce is more effusive than ever about his firm's prospects.

5 minute read

Milberg Claims Ex-Partner Is Trying to 'Squeeze the Last Nickel'

Christine Simmons | February 04, 2019

“After Schulman and others went to prison, the remaining partners of Milberg were left to pick up the pieces,” the firm said in its response to Steven Schulman's lawsuit.

5 minute read

How Shearman Team Won $302M for Ex-Associate Whose Journalist Sister was Murdered in Syria

Jenna Greene | February 04, 2019

It's the first successful prosecution of the Assad regime for crimes against an American citizen under the Foreign Sovereign Immunities Act,

5 minute read

Daily Dicta: Sidley Wins Bull Semen Appeal (Yes, You Read That Right)

Jenna Greene | February 04, 2019

Of all things people file lawsuits over, this has got to be one of the all-time weirdest.

3 minute read

Samsung Flips $28 Million Patent Infringement Verdict

Scott Graham | February 01, 2019

The U.S. Court of Appeals for the Federal Circuit has spoken, and the $21 million verdict—plus a $7 million fee award added by U.S. District Judge Amos Mazzant—has been wiped from the books.

3 minute read

SF Judge Says Facebook Provided 'Terrible Service to Its Customers' in Cambridge Analytica Snafu

Ross Todd | February 01, 2019

U.S. District Judge Vince Chhabria in San Francisco stopped short of saying whether he thought plaintiffs pursuing privacy claims against the company had viable claims.

3 minute read

Judge Rules Art Dealers Lack Standing to Challenge NY Ivory Ban

Colby Hamilton | February 01, 2019

U.S. District Judge Lorna Schofield agreed with attorneys from the New York Attorney General's Office that the plaintiffs failed to show standing to sue over the 2014 law.

3 minute read

'You Don't Look Like a Judge': Female Jurists, Lawyers Share Stories of Being Mistaken for Assistants

Raychel Lean | February 01, 2019

"This evening I was once again told, 'You don't look like a judge,' " Texas Supreme Court Justice Eva Guzman tweeted on Wednesday — prompting many Florida judges and lawyers to agree.

8 minute read

Missouri High Court Stops Another Big Talcum Powder Trial

Amanda Bronstad | February 01, 2019

The April 8 trial was to feature claims by 24 women that Johnson & Johnson's talcum powder products caused them to get ovarian cancer.

5 minute read

Litigator of the Week: How Quinn Emanuel's Lyle Killed a $120M Suit—and Came Out $20M Ahead

Jenna Greene | February 01, 2019

Express Scripts faced a $120 million breach of contract claim by compounding pharmacy HM. Lyle and co-counsel from Husch Blackwell not only defeated the suit, they won a $20 million counter-claim.

9 minute read

As Antitrust Class Actions Over 'No Poach' Employee Agreements Grow, DOJ Moves to Weigh In

Amanda Bronstad | January 31, 2019

The DOJ filed notices Jan. 25 in class actions against two railroad equipment suppliers and cases involving Arby's, Carl's Jr. and Auntie Anne's franchises.

7 minute read

Trump White House Spurns Democrats—Again—on Judicial Nominations

Ellis Kim | January 31, 2019

The uncertainty over three Ninth Circuit court openings was settled Wednesday evening when the Trump White House announced its intended nominees for the appeals court.

4 minute read

Court Nixes San Francisco's Push to Put Warning Labels on Ads for Sugary Drinks

Ross Todd | January 31, 2019

An en banc panel of the U.S. Court of Appeals for the Ninth Circuit blocked a San Francisco city ordinance that would have required health warnings on advertisements for sodas and other sugar-sweetened drinks.

4 minute read

Analysis

Litigation Funder Makes a Case for More Transparency

Michael German | January 31, 2019

The judiciary should adopt rules that require funded parties to disclose the fact they are being funded and the identity of the litigation funder funding the dispute. The rule adopted should expressly limit further discovery beyond those points except in the extreme circumstances described.

9 minute read

Philadelphia Jury Awards $41M to Woman Who Needed 9 Surgeries to Fix Defective Pelvic Mesh

Max Mitchell | January 31, 2019

The verdict is the latest in a wave of multimillion-dollar verdicts juries have awarded over Ethicon's pelvic mesh products over the past few years.

3 minute read

At Least Two Appeals Are Filed Challenging the Dismissal of Kavanaugh Ethics Complaints

Marcia Coyle | January 31, 2019

"This is a very interesting situation and one not obviously contemplated by the rules," one federal court scholar says.

8 minute read

Daily Dicta: How Judgment Bloodhounds at Kobre & Kim Help Winners Get Paid

Jenna Greene | January 31, 2019

Founded in 2003, the fast-growing AmLaw 200 firm is making a name as the go-to experts on judgment enforcement and offshore asset recovery.

4 minute read

Shout-Out: Kirkland's Kassof and Fields Win Big for Abbott and St. Jude Medical

Jenna Greene | January 31, 2019

Their victory—the case was dismissed with prejudice—was one of those legal sleights of hand that shows why venue can make all the difference.

3 minute read

SF Judge Finds PG&E Violated Probation, Ponders Further Action to Address Wildfire 'Emergency'

Ross Todd | January 30, 2019

"PG&E is not the only source of these fires but it is a source," U.S. District Judge William Alsup wrote. "And it is really to most of us unthinkable that a public utility would be out there causing that kind of damage."

4 minute read

Protesters Suing Trump Over Security Detail Scuffle Want to Put Him on Stand

Andrew Denney | January 30, 2019

A lawsuit against President Donald Trump filed by protesters who allege that the then-candidate's security detail roughed them up in 2015 during a campaign speech is moving forward to trial in a Bronx state court and the plaintiffs want the president to testify.

4 minute read

Mueller Team Questions How Files in Russia Case Wound Up Posted Online

C. Ryan Barber | January 30, 2019

Federal prosecutors are resisting a push from a defense team at Reed Smith to more widely share discovery material produced in a criminal case in Washington's federal trial court.

6 minute read

Environmental Groups Sue EPA Over Delays in Testing Nation's Drinking Water Supply

Colby Hamilton | January 30, 2019

Despite a congressional mandate, environmental groups say the Environmental Protection Agency has not properly reviewed, revised and updated regulations on chemicals and other contaminants in the nation's water supply.

4 minute read

Roger Stone's Colorful South Florida Litigation History

Raychel Lean | January 30, 2019

Trump ally Roger Stone is no stranger to South Florida courtrooms, having been tangled in three civil lawsuits. What happened in those cases?

7 minute read

After Years of Litigation, Allman Movie Train Wreck Suit Ends in CSX Settlement

Katheryn Tucker | January 30, 2019

The undisclosed payment satisfies a $3.9 million judgment against the railroad resulting from apportionment of a total $11.2 million verdict in a 2017 trial. It's the conclusion of litigation against the last of a series of defendants involved in the train crash on the set of a movie about musician Gregg Allman.

6 minute read

With a New Lawsuit Every 10 Days, NRDC Is Taking on Trump Administration--and Winning

Jenna Greene | January 30, 2019

In the past two years, litigators at the Natural Resources Defense Council have filed nearly 80 cases challenging Trump administration attempts to roll back environmental and human health protections.

2 minute read

Daily Dicta: Gwyneth Paltrow Slammed with $3M Suit for Utah Ski Collision

Jenna Greene | January 30, 2019

'Gwyneth Paltrow knew it was wrong to slam into Dr. Sanderson's back, knocking him down, landing on top of him, knocking him out and then leave the scene of the ski crash she caused,' states the complaint filed in Utah state court.

6 minute read

Research

Report: Securities Class Action Filings Hit Records as Settlement Values Soar

Amanda Bronstad | January 29, 2019

White Plains-based NERA Economic Consulting's annual report also found that aggregate investor losses totaled $939 billion in 2018 -- a sign of a “systematic shift toward larger filings.”

3 minute read

Sidley Snags Skadden Litigator in LA

Xiumei Dong | January 29, 2019

Complex civil litigator Lisa Gilford said she was drawn to Sidley Austin's global platform.

3 minute read

Hammering Plaintiffs Counsel, Judge Rejects Yahoo Breach Settlement

Ross Todd | January 29, 2019

U.S. District Judge Lucy Koh questioned why it took 32 firms to work on legal issues she labeled "not particularly novel." She called Yahoo's track record of nondisclosure and lack of transparency "egregious."

5 minute read

Blank Rome Lands Leader of Reed Smith's National Class Action Defense Team

Lizzy McLellan | January 29, 2019

Roy Arnold said he was drawn to Blank Rome's four-year-old Pittsburgh office because of the firm's U.S.-focused strategy.

3 minute read

For Roger Stone's Legal Team, a Less-Than-Great Start in D.C.

Nate Robson | Ellis Kim | January 29, 2019

Stone's Florida attorneys were allowed to appear for the not guilty plea after a magistrate judge twice said they had failed to follow local rules.

3 minute read

Daily Dicta: Winston Wins One for Big Garlic (Yes, That's a Thing)

Jenna Greene | January 29, 2019

Of all the legal disputes you might expect to see laid bare on Netflix, I wouldn't have tagged one that centers on alleged manipulation of the Commerce Department's administrative review process. And now, there's a new twist in the case.

10 minute read

Latham Defeats Patent Attack on $2 Billion-a-Year Blood Cancer Drug

Scott Graham | January 28, 2019

MorphoSys and Kirkland & Ellis had accused a Janssen Pharmaceuticals biologic of infringing, but Judge Leonard Stark ruled MorphoSys' patents invalid for lack of enablement.

3 minute read

SEC Chair Jay Clayton's Income From Sullivan & Cromwell Inches Up (Another $1.7M)

C. Ryan Barber | January 28, 2019

Clayton's latest financial disclosure, which had been available in December, was released Monday on the reopening of the federal government.

6 minute read

Michael Cohen Announces New Counsel Ahead of Expected Congressional Testimony

Colby Hamilton | January 28, 2019

President Donald Trump's former attorney and fixer pleaded guilty to lying to Congress and other charges in December, and is scheduled to testify before the U.S. Senate Intelligence Committee in February.

3 minute read

Xarelto Plaintiffs Push Back Against Bid to Toss All 20,000 Cases on Appeal

Amanda Bronstad | January 28, 2019

Plaintiffs, appealing three defense verdicts, responded on Friday to a cross-appeal that sought to toss 20,000 cases over Xarelto on federal pre-emption.

4 minute read

DOJ Argues Against Extending Reach of 'Janus' Ruling

Erin Mulvaney | January 28, 2019

U.S. solicitor general's office says justices should decline the invitation from In-N-Out Burger to expand the reach of a union ruling to other workplace disputes.

4 minute read

Georgia Judge OKs Equifax Lawsuits Over Massive Data Breach

R. Robin McDonald | January 28, 2019

U.S. District Chief Judge Thomas Thrash Jr.'s ruling called the 2017 data breach "unprecedented."

5 minute read

3 Additional Plaintiffs Sign On to Lawsuit Claiming 'Mommy Track Is a Dead End' at MoFo

Ross Todd | January 28, 2019

MoFo Chair: "Everything about what's in this complaint goes against the facts of who we are, our values and what we do. ... Lumping us in with generalizations about big law firms is not only unfair, it's unsound."

4 minute read

Daily Dicta: Why Supreme Court Star Lisa Blatt Left Arnold & Porter for Williams & Connolly

Jenna Greene | January 28, 2019

“Williams & Connolly is where I started my career, and it will be where I end it,” says Blatt, who has argued 37 cases before the U.S. Supreme Court--more than any other woman.--and won 33, with two cases pending.

7 minute read

Yes, the Government is Back Open, But What's Going to Happen With All Those Paused Cases?

C. Ryan Barber | Ellis Kim | January 25, 2019

The Trump administration's agreement Friday to temporarily fund the government for three weeks, ending a record-breaking shutdown, creates fresh uncertainty for the courts.

5 minute read

Planet Fitness Faces Multimillion-Dollar Class Over Text Ad Offering Free Bottle of Water

Raychel Lean | January 25, 2019

It began with a text offering Palm Beach resident Jody Steward a free bottle of water, but could end as a nationwide class action to get gym operator Planet Fitness to pay more than $5 million in damages for allegedly violating the Telephone Consumer Protection Act.

3 minute read

The Judges Who Didn't Make Trump's Renominations & Why Democrats Are Miffed

Ellis Kim | January 25, 2019

While it appears the White House plans to resubmit or renegotiate some nominations, some lawmakers said they were surprised by the exclusion of these picks.

6 minute read

NY Appeals Court Gives Second Wind to Fraud Case Against Husch Blackwell

Scott Flaherty | January 25, 2019

An appeals court partly revived an investor group's claims that Husch Blackwell should share liability for a client's alleged embezzling.

3 minute read

Are We Boring Juries to Death? A Proposal to Revamp Federal White-Collar Jury Instructions

Gregory Morvillo | Ciarra Carr | January 25, 2019

While concerns about whether jurors understand the laws they must apply arise in all trials, it is perhaps most important in the context of criminal cases where the parties need jurors to have the requisite knowledge to fairly and intelligently discharge their duties when a defendant's liberty is at issue.

8 minute read

Litigator of the Week: Wilmer Partner Drives to Victory with $130M Trademark Save

Jenna Greene | January 25, 2019

'Likelihood of confusion was the absolute focus of our case. We promised the jury in the opening that they would hear four key facts that showed that there was no likelihood of confusion, and I think we delivered on that.'

10 minute read

Plaintiffs Lawyer Thomas Girardi Pushes Back Against Alleged $15M Debt to 'Miserable, Rotten' Litigation Funder

Ross Todd | January 24, 2019

Plaintiffs lawyer Thomas Girardi says that Law Finance Group has sued him for funds that were borrowed on behalf of clients. But the litigation funder's lawyer says the loan agreement clearly states the loan was to Girardi and his firm.

4 minute read

Ex-Ogletree Partner Lodges New Gender Bias Suit

Scott Flaherty | January 24, 2019

Plaintiffs lawyers at Sanford Heisler Sharp have opened a new front in the fight over claims that labor and employment firm Ogletree Deakins systematically discriminates against female attorneys.

4 minute read

Photographer Sues Miami Art Gallery for Copying Vintage Brigitte Bardot Photo

Raychel Lean | January 24, 2019

A federal lawsuit in Miami paints the Kfir Moyal Art Gallery Inc. as a copyright infringer for allegedly reproducing and profitting from a photo of French actress, model and activist Brigitte Bardot.

3 minute read

Federal Prosecutors Lose Bid to Recuse Texas Judge Who Made Demeaning Remarks

Angela Morris | January 24, 2019

The U.S. Attorney's Office for the Southern District of Texas claims U.S. District Judge Lynn Hughes is retaliating against a woman prosecutor after she won an appeal in a prior case, in which the Fifth Circuit found his remarks were “demeaning, inappropriate, and beneath the dignity of a federal judge."

4 minute read

'Really, Really Deadlocked': Eleventh Circuit Examines What Went Wrong When Judges Pressured a Holdout Juror

Greg Land | January 24, 2019

Chief Judge Ed Carnes wrote that an Alabama trial court's repeated admonitions to a jury deadlocked in an armed robbery case constituted improper coercion of the holdout juror, and that defense counsel should have called for a mistrial.

8 minute read

Daily Dicta: When Experts Drop the Ball

Jenna Greene | January 24, 2019

A class action can have it all—thousands of potential members, a common grievance, solid lead plaintiffs, highly skilled counsel—and still fall apart if the expert witness can't deliver.

8 minute read

$5 Billion Qualcomm Consumer Class Action Put on Hold by Ninth Circuit

Scott Graham | January 23, 2019

Judge Lucy Koh, who is overseeing the underlying case, indicated she'll stay it while the Ninth Circuit reviews her order certifying a class of some 250 million cellphone purchasers.

3 minute read

PG&E Bankruptcy May Spark Fight With Lawyers for Wildfire Victims

Amanda Bronstad | January 23, 2019

“It's possible there's enough assets to pay everybody off," said Mike Danko of Danko Meredith.

7 minute read

Seventh Circuit Restricts Age-Bias Claims to Employees, Not Job Applicants

Erin Mulvaney | January 23, 2019

"Congress, of course, remains free to do what the judiciary cannot—extend [the law] to outside job applicants," Seventh Circuit Judge Michael Scudder wrote for the majority. The case involved a lawyer seeking an in-house post at a medical supply company.

5 minute read

NAM Hires Special Counsel to Handle Growing Climate Change Lawsuits

Sue Reisinger | January 23, 2019

As climate change lawsuits grow more prevalent, Linda Kelly, senior vice president and general counsel of the National Association of Manufacturers, has hired Phil Goldberg, managing partner of the Washington, D.C., office of Shook, Hardy & Bacon, as special counsel to handle the issue.

4 minute read

Weinstein Taps Florida Lawyer Who Defended Casey Anthony for New Defense Team

Andrew Denney | January 23, 2019

Weinstein, who faces five criminal counts relating to two accusers who say the fallen movie mogul assaulted them in 2006 and 2013, has tapped Jose Baez and Ronald Sullivan Jr. of the Orlando, Florida-based Baez Law Firm to join his defense team, the firm said in an email.

5 minute read

Reed Smith Hit With $500M Malpractice Claim by Bear Stearns

Scott Flaherty | January 23, 2019

Gibson Dunn's Kevin Rosen is defending Reed Smith against claims that it bungled the chance to seek a major recovery in the wake of the subprime mortgage meltdown.

5 minute read

Arent Fox Sues Former Partner Over Lateral Move to Kasowitz

Ryan Lovelace | January 23, 2019

In a new federal lawsuit, the firm claims IP litigator Jay Deshmukh breached a deal to pay the firm $96,000 to waive a 60-day notice provision.

2 minute read

Daily Dicta: How Hogan's Neal Katyal Aces Back-to-Back Appellate Arguments

Jenna Greene | January 22, 2019

In some ways, it's a problem many lawyers wish they had—how to juggle multiple appellate arguments.

8 minute read

European Nonprofit Files Complaints Against Amazon, Netflix and Others Over Alleged GDPR Violations

Caroline Spiezio | January 18, 2019

Austrian data privacy nonprofit Noyb said it has filed formal complaints against a number of streaming services, including Amazon, Apple, Netflix and Spotify over alleged GDPR violations.

3 minute read

Jaguar Land Rover Loses Trademark Case Against Bombardier Over Defender SUV

Scott Graham | January 18, 2019

The company had been seeking $130 million from Bombardier Recreational Products over its "Can-Am Defender" off-road vehicle. Wilmer Hale persuaded a Detroit jury there was no likelihood of consumer confusion.

3 minute read

Gordon Rees Snags 19 Toxic Tort Lawyers From Hawkins Parnell, Including 15 in Dallas

Brenda Sapino Jeffreys | January 18, 2019

A group of 10 partners and nine toxic tort associates joined Gordon Rees Scully Mansukhani in Dallas, Los Angeles and St. Louis, coming from Hawkins Parnell & Young.

4 minute read

In Written Opinion, DC Judge Acknowledges 'There Is Real Hardship Being Felt by Innocent Federal Employees'

ALM Staff | January 18, 2019

"I empathize with the plaintiffs' positions. They are not the ones at fault here," U.S. District Judge Richard Leon says in his written ruling in a shutdown suit from federal employees. Leon earlier this week ruled from the bench, denying a temporary restraining order.

3 minute read

Judge Slaps Down Texas Lawyer Tagged by Plaintiffs Firm as a 'Professional Objector'

Scott Flaherty | January 18, 2019

Christopher Bandas told a judge he and his Texas law firm "will carry the tattoo of these orders with them and they greatly regret the circumstances that bring them before this court."

4 minute read

Litigator of the Week: Paul Weiss Partner Makes a $220M Save in 'Uncharted Territory'

Jenna Greene | January 18, 2019

Litigating a series of novel and wildly complex claims in hostile territory, Paul, Weiss, Rifkind, Wharton & Garrison partner Andrew Gordon succeeded in getting a $220 million suit against Citco dismissed on summary judgment less than two weeks before trial.

8 minute read

After 32 Years with Quinn, Firm Co-Founder Emanuel Retires

Christine Simmons | January 17, 2019

Eric Emanuel's retirement from Quinn Emanuel leaves managing partner John Quinn as the last of the founding partners still practicing at the 800-lawyer firm.

4 minute read

Ken Starr on Why He Doesn't Expect a Starr-Style Report on Trump

Katheryn Tucker | January 17, 2019

Between signing and selling copies of his new book, former independent counsel Ken Starr talked about why he isn't looking for special counsel Robert Mueller to produce a page-turner on the Trump administration.

5 minute read

Missouri High Court Halts Upcoming Talc Trial of 13 Women

Amanda Bronstad | January 17, 2019

An order issued earlier this week sustained a petition filed by Johnson & Johnson to stop the trial, which was to begin in St. Louis on Tuesday.

5 minute read

Brafman's Withdrawal From Weinstein Case Underscores Tensions That Come With High-Profile Clients

Andrew Denney | January 17, 2019

The news this week that Benjamin Brafman would withdraw as defense counsel for former movie titan Harvey Weinstein in his sexual assault case called to mind for some attorneys the challenges they face when representing powerful clients who are used to having it their way.

6 minute read

Skadden Settlement Spotlights Ex-Partner Greg Craig's Ukraine Work

Nate Robson | Ellis Kim | January 17, 2019

Skadden will pay $4.6 million under a settlement agreement involving its work on behalf of the Ukrainian government.

4 minute read

Ex-CBS Head Moonves to Fight for $120M Severance in Arbitration

Tom McParland | January 17, 2019

CBS said in a filing with the SEC that Moonves had informed the company Wednesday that he intended to use a binding arbitration provision in his contract to try to recover his "golden parachute" after the company determined there were grounds to fire him for cause.

4 minute read

Just Buckley: Firm Drops 'Sandler' and Revamps Leadership After Co-Founder's Exit

Ryan Lovelace | January 17, 2019

As it nears its 10th anniversary—and less than a year after Andrew Sandler left the firm—Buckley Sandler has new name, new management and, soon, a new Washington address.

4 minute read

Daily Dicta: Orrick Lawyers Bounce Lisa Bloom from Suit Against Hallmark Channel

Jenna Greene | January 17, 2019

'A lawyer's word is her bond and The Bloom Firm promised defendants it would represent them and not others adverse to their interests.'

8 minute read

Litigation Partner Leaves Boies Schiller for Steptoe LA Office

Xiumei Dong | January 16, 2019

Robyn Crowther, who now co-leads Stepoe & Johnson's LA office, is the third partner to leave litigation powerhouse Boies Schiller Flexner this year.

4 minute read

Sackler Family Members Added to NYC Opioids Lawsuit as Purdue Pharma Owners

Andrew Denney | January 16, 2019

The New York City government has expanded its lawsuit against pharmaceutical distributors over the opioid epidemic that has impacted communities across the U.S. to include members of the Sackler family, which owns Purdue Pharma, the maker of OxyContin and a group of major retailers.

4 minute read

Rocawear Apparel Owner Blasts Jay-Z Claims Over AAA Arbitrators' Diversity

Dan Packel | January 16, 2019

Iconix, which purchased Rocawear from the rapper and businessman for $200 million, says there's no merit to his bid to scrap an arbitration stemming from that 2007 deal.

5 minute read

Undercover '60 Minutes' Video Leads to Public Censure of NY Lawyer

Scott Flaherty | January 16, 2019

Manhattan attorney and Big Law alum Marc Koplik told an undercover anti-corruption activist that lawyers have special protections "because we run the country.”

4 minute read

Widow of Rock Star Chris Cornell Sues Doctor for Malpractice

Richard Binder | January 16, 2019

Vicky Cornell, widow of Soundgarden and Audioslave singer Chris Cornell, has sued her late husband's doctor for medical malpractice, claiming he was “negligently and repeatedly” prescribing medication that ultimately led to the singer's death on May 18, 2017.

3 minute read

Ex-Thomas Clerk Will Be Senate Judiciary Chair Lindsey Graham's Chief Counsel for Nominations

C. Ryan Barber | January 16, 2019

Andrew Ferguson, a former Bancroft associate in Washington and UVA law grad, succeeds Mike Davis, a former clerk for Justice Neil Gorsuch.

4 minute read

Daily Dicta: Sue-and-Settle Lives On in the Trump Administration

Jenna Greene | January 16, 2019

Two years into the Trump administration, there is little discernible difference in how the government settles environmental lawsuits.

7 minute read

Oracle Loses Bid to Thwart Labor Department Discrimination Case

Erin Mulvaney | January 15, 2019

Oracle's lawyers at Orrick had challenged the appointment of U.S. Labor Department administrative law judges.

3 minute read

SF's Joseph Saveri Wins Fight Over $54 Million Fee Award in Antitrust Case

Scott Flaherty | January 15, 2019

Joseph Saveri said a Fourth Circuit ruling leaves him "entirely vindicated" in a dispute over one of his firm's first big wins after he split from Lieff Cabraser in 2012.

5 minute read

Daily Dicta: Cravath Litigators Take Lead in Containing PG&E's Litigation Inferno in Bankruptcy Proceedings

Jenna Greene | January 15, 2019

An all-star team of seven partners from Cravath, Swaine & Moore led by firm chairman Evan Chesler will serve as lead litigation counsel for PG&E Corp. as the California utility prepares to file for Chapter 11 bankruptcy protection.

9 minute read

Judges Rebuffs Early Bid by Federal Workers to Stop Unpaid Work During Shutdown

Erin Mulvaney | January 15, 2019

US District Judge Richard Leon in Washington said a temporary restraining order would have caused "chaos and confusion."

6 minute read

Federal Judge Says Company May Be Sued Over Harassment by Non-Employee

Max Mitchell | January 15, 2019

A judge trimmed several claims from the case but allowed plaintiff Carl Hewitt to proceed on a sexual discrimination charge stemming from allegations that his employer failed to address reports that a non-employee with whom he had regular contact at work was sexually harassing him.

4 minute read

Federal Judge Strikes Down Trump Administration's Census Citizenship Question

Dan M. Clark | January 15, 2019

U.S. District Judge Jesse Furman of the Southern District of New York said in the decision that Commerce Secretary Wilbur Ross violated the Administrative Procedure Act while deciding to add the citizenship question to the survey over the first year and a half of the Trump administration.

6 minute read

AG Nominee Barr Won't Commit to Recusing From Russia Investigation

Ellis Kim | January 15, 2019

Barr, a Kirkland & Ellis counsel who previously led the Justice Department under the George H.W. Bush administration, said he would make the decision to oversee special counsel Robert Mueller III's probe in “good faith.”

5 minute read

Analysis

Google Shareholder Suits Latest in Wave of #MeToo Derivative Actions

Ian Lopez | January 14, 2019

Alphabet has been hit with a pair of shareholder derivative suits claiming that board members hurt shareholder value by covering up a lengthy pattern of gender discrimination and sexual harassment perpetrated by Google executives.

6 minute read

Judge Blocks Trump Administration's Religious and Moral Exceptions to ACA's Birth Control Mandate

Max Mitchell | January 14, 2019

A federal judge has agreed to block the Trump administration from enacting certain religious and moral exceptions to the Affordable Care Act that have been widely seen as a means to roll back the mandate for covering birth control medications.

3 minute read

FedEx to Pay $35 Million to Settle Charges of Shipping Untaxed Cigarettes to New York

Jason Grant | January 14, 2019

"FedEx knowingly engaged in illegal and harmful behavior at the expense of New Yorkers' health” and it "swindled New York City and State out of millions of dollars in tax revenue,” Attorney General Letitia James said.

4 minute read

California Appeals Judge Accused of Groping Colleagues Faces Misconduct Charges

Cheryl Miller | January 14, 2019

The lawyer for Justice Jeffrey W. Johnson issued a statement denying the allegations. "Justice Johnson remains respectful of the process of investigation and will rely on facts and documents to provide the truth," the attorney said.

5 minute read

Public Justice Lawyer Says Home Depot Case Could Move 'Tons of Individual Cases' to Federal Court

Amanda Bronstad | January 14, 2019

The case before the U.S. Supreme Court on Tuesday asks the question: Can a third-party counterclaim defendant remove a class action under the Class Action Fairness Act?

5 minute read

Daily Dicta: Pro Se Immigrant: 1. Greenberg Traurig: 0

Jenna Greene | January 14, 2019

Pro se litigants usually fare terribly in court. So how did a young immigrant from Guinea who was fired from his job at Whole Foods defeat a motion for summary judgment by employment law experts from Greenberg Traurig?

8 minute read

Barr Promises Mueller 'Will Be Allowed to Complete His Work'

Ellis Kim | January 14, 2019

Barr's written testimony states President Donald Trump sought “no assurances, promises, or commitments” in nominating him for U.S. attorney general.

5 minute read

In Fight Over Koko's Companion, Gorilla Foundation Moves to Sideline PETA

Ross Todd | January 11, 2019

"PETA is not a party to the contracts at issue in this case," wrote lawyers for The Gorilla Foundation. "No one from PETA claims to have even once seen Ndume during his 37 years."

4 minute read

Corporate Prosecution Agreements Brought in $8.1B in 2018, Report Says

Sue Reisinger | January 11, 2019

Monetary recoveries exploded to nearly $8.1 billion, which almost matched the 2012 high of $9 billion. A handful of high-value resolutions led to the large recovery amount, the report said.

3 minute read

As Shutdown Grinds Some Practices to a Halt, Law Firms Face 'Uncharted Waters'

Christine Simmons | January 11, 2019

Meanwhile, many defense lawyers aren't hearing from their counterparts in the SEC's enforcement division. “Since the new year, those cases have been deadly quiet,” said Robert Anello, a partner at boutique Morvillo Abramowitz Grand Iason & Anello in New York.

6 minute read

Ex-Buffalo Bills Player Wins Control Over Murdered Wife's Estate

Katheryn Tucker | January 11, 2019

The opinion tells the tragic story of Sandra Barnett, who married former NFL player Buster Barnett in 1987 and was kidnapped and killed in 2015 after a highly publicized police chase.

4 minute read

Litigators of the Week: Bringing Home a Win for Airbnb

Jenna Greene | January 11, 2019

Roberta Kaplan and Sharon Nelles scored a big win for Airbnb in New York--one with significant implications for the protection of consumer information in the digital age.

8 minute read

Fifth Circuit Freezes Big Obamacare Case Amid Government Shutdown

Nate Robson | January 11, 2019

The order comes as the nation edges toward its longest shutdown in history.

3 minute read

5th Circuit Judge Says 'Being a Jerk' Isn't Protected by Title VII

Mike Scarcella | January 10, 2019

Retaliation claims anchored in a Facebook post gave the appeals court a fresh chance to address the scope of Title VII employment rights.

4 minute read

Judge Rules Plaintiff in Ogletree Gender Discrimination Suit Bound by Arbitration Agreement

Ross Todd | January 10, 2019

A federal judge in San Francisco found that former nonequity shareholder Dawn Knepper, who is pursuing gender discrimination claims against the firm, failed to opt out of the firm's arbitration agreement.

3 minute read

Fiat Chrysler Settles EcoDiesel Scandal for $800M

Amanda Bronstad | January 10, 2019

The settlements, announced Thursday, included $307 million for class members and $400 million in civil penalties to federal and state regulators.

6 minute read

As Shutdown Persists, DC Circuit Judges Feud and New Suits Pile Up

Mike Scarcella | January 10, 2019

Federal trial and appellate judges are grappling with requests from U.S. agencies to postpone cases, and new lawsuits are mounting that challenge the Trump administration's moves forcing federal employees to work without pay.

5 minute read

Daily Dicta: Boies Schiller Settles Au Pair Class Action for $65M

Jenna Greene | January 10, 2019

The settlement doesn't explicitly require au pairs to be paid at least $7.25 an hour. It just stipulates that the defendants must make it clear “that host families and au pairs are free to agree to compensation higher than the legally applicable minimum.”

4 minute read

Shout-Out: Winston and Cleary Lawyers Roll to Victory for Bearing Makers

Jenna Greene | January 10, 2019

It's the first decision on class cert in the sprawling Automotive Parts Antitrust Multidistrict Litigation, and is good omen for defendants in other pending cases.

3 minute read

Houston Lawyer Who Bought 'Hamilton' Tickets for Wrong Date Sues Ticketmaster

Brenda Sapino Jeffreys | January 09, 2019

Houston plaintiffs lawyer Joshua Davis accidentally bought "Hamilton" tickets for the wrong date, but Ticketmaster won't give him a refund or new tickets, so he sued for damages.

2 minute read

In Seyfarth Shaw 2019 Class Action Litigation Report, the Good and Bad News for Employers

Sue Reisinger | January 09, 2019

Seyfarth Shaw said its 2019 Workplace Class Action Litigation Report is its largest edition ever, with attorneys analyzing a record 1,453 class action rulings in state and federal courts.

4 minute read

Federal Judge Rejects Whole Foods' Bid to Toss Workplace Bias Suit

Colby Hamilton | January 09, 2019

The grocer's summary judgment motion was denied by U.S. District Judge Paul Engelmayer, allowing a former employee's pro se suit to proceed.

4 minute read

Atlanta Libel Lawyer Goes to Bat for Families of JonBenét Ramsey, Natalee Holloway

R. Robin McDonald | January 09, 2019

Wood confidentially settled a $750 million defamation suit against CBS and secured a favorable order in Alabama in an ongoing case against Oxygen Media.

6 minute read

Daily Dicta: In Petulant Legal Filing, Reed Smith's Dubelier Blames Judge for Being Mean

Jenna Greene | January 09, 2019

In a new court filing in the Mueller probe on behalf of Russia-based Concord Management, Reed Smith partner Eric Dubelier got peevish.

8 minute read

Rod Rosenstein's Tumultuous Ride as DOJ's No. 2

C. Ryan Barber | Ellis Kim | January 09, 2019

Rosenstein, who will reportedly resign once William Barr is confirmed as attorney general, has been a lightning rod for criticism during his two years as DAG.

6 minute read

How Atlanta Solo Practitioner Was Tapped by Justice Thomas for Coveted Amicus Argument

Marcia Coyle | January 09, 2019

“I have been pretty relentless at times. I give my card everywhere and he probably has a lot of them,” Amy Weil of Atlanta's The Weil Firm says.

5 minute read

For Copyright Owners, a Tough Day at the High Court

Scott Graham | January 08, 2019

Several justices sounded convinced that the Copyright Act requires owners to complete registration before suing for infringement, even though the process can take more than a year.

4 minute read

Weinstein Asks Court to Stay Federal Civil Suits Pending NY Criminal Trial

Colby Hamilton | January 08, 2019

With a May 6 date set for Weinstein's criminal trial in Manhattan state court, the former movie mogul is seeking stays across all his federal civil suits.

5 minute read

Parents of Teen Killed While Camping Sue Boy Scouts

Katheryn Tucker | January 08, 2019

Elijah Knight, 14, was an honor student working to become an Eagle Scout like his dad when he was killed by a tree falling on his tent during a thunderstorm.

4 minute read

Manafort Lawyers Botch Redactions, Revealing Details on Alleged Trump/ Russia Contacts

Ellis Kim | January 08, 2019

Defense lawyers said prosecutors were overblowing a text message exchange cited as proof that Manafort tried to mislead investigators.

6 minute read

Gibson Dunn Steps In for Uber, Asks Court to Boot Quinn From Repping Sidecar

Ross Todd | January 08, 2019

"Quinn Emanuel has appeared as counsel of record for Uber in approximately 20 lawsuits, in federal and state courts across the country, and has provided counseling to Uber on a broad array of legal matters—including unfair competition (specifically as it relates to pricing) and antitrust," wrote Gibson Dunn lawyers.

4 minute read

InterDigital's CEO Wants Patent Licensing Dispute With China's Huawei to Be Arbitrated

Phillip Bantz | January 08, 2019

Huawei has accused U.S.-based InterDigital of violating an agreement to license patents that are essential to 3G, 4G and 5G wireless telecommunication standards on fair, reasonable and nondiscriminatory terms and conditions. The two companies were embroiled in a similar dispute a few years ago.

4 minute read

Daily Dicta: Judge Tosses Suit Against No-Tip Restaurants

Jenna Greene | January 08, 2019

Sometimes the real mystery isn't which side will win a lawsuit, but on what grounds. Failure to state a claim? Lack of personal jurisdiction? Improper venue? Failure to effect service? Or just general stupidity?

7 minute read

Kavanaugh's First SCOTUS Opinion Is Unanimous Win for Arbitration

Tony Mauro | January 08, 2019

The decision, a win for Williams & Connolly's Kannon Shanmugam, came in the first of three arbitration cases before the Supreme Court this term.

3 minute read

Live Coverage

J&J Talc Trial Kicks Off in a New Calif. Venue

Amanda Bronstad | January 07, 2019

Veteran talc lawyers on both sides gave opening statements on Monday in Alameda County Superior Court.

2 minute read

Federal Judiciary Says 'Limited Funds' Will Run Out by Jan. 18

Mike Scarcella | January 07, 2019

"In an effort to achieve this goal, courts have been asked to delay or defer non-mission critical expenses, such as new hires, non-case related travel, and certain contracts," the federal judiciary said Monday.

3 minute read

2nd Circuit Upholds Insider Trading Conviction of Ex-Goldman Sachs Director Gupta

Colby Hamilton | January 07, 2019

The panel's decision represented the latest retreat from the appellate court's holding in 2014's "U.S. v. Newman," which narrowed prosecutors' ability to prove insider trading.

5 minute read

Houston Judge Nixes Bid to Ban Library's 'Drag Queen Storytime' on Religious Grounds

John Council | January 07, 2019

A Houston federal judge has rejected an unusual attempt by a group of religious activists to ban “Drag Queen Storytime” at a public library based…

4 minute read

Lawyer in Viral Rant Video Sued by Ex-Client

Scott Flaherty | January 07, 2019

A former client is dragging attorney Aaron Schlossberg into court and back into the spotlight.

3 minute read

Daily Dicta: When Suing Your Ex-Fiancee Isn't Such a Great Idea

Jenna Greene | January 07, 2019

It's a valuable cautionary tale for those so caught up in feeling wronged that they may not fully consider the ramifications of litigation.

7 minute read

'Knock It Off': Judge Scolds Reed Smith Partner Litigating Mueller Case

Ellis Kim | January 07, 2019

Reed Smith partner Eric Dubelier, who represents Concord Management and Consulting, raised the prospect that he might no longer represent the company, given the judge's remarks.

3 minute read

Supreme Court Will Review Patent Office Ban on Vulgar Trademarks

Scott Graham | January 04, 2019

Eighteen months after ruling a statutory ban on "disparaging" marks unconstitutional, the justices will address a related provision banning "scandalous" and "immoral" marks.

4 minute read

Judge Clears Insurer's $2B Fraud Suit Against BoA for Trial

Andrew Denney | January 04, 2019

Bank of America and Countrywide Home Loans are appealing a Manhattan judge's ruling to allow a $2 billion lawsuit filed by an underwriter for residential mortgage-backed securities that eventually tanked during the 2008 financial crisis to move forward to trial.

3 minute read

Skadden Litigators See 'Event-Driven' Class Actions as Continuing Trend for 2019

Colby Hamilton | January 04, 2019

The firm's litigators see class-action increases and the fallout from the U.S. Supreme Court's 'Cyan' decision continuing to have an impact in 2019.

5 minute read

Media Company Hits Back at Ex-Trump Staffer's $100M Suit Over Stripper Abortion Report

Raychel Lean | January 04, 2019

“We're being wrongfully sued for filing a truthful news report about a public document," said Gizmodo Media Co., facing a $100 million federal defamation lawsuit in the Southern District of Florida.

5 minute read

Verrilli Tapped by US House to Defend Obamacare

Ellis Kim | January 04, 2019

The Munger, Tolles & Olson partner is teaming up with the House's newly-hired attorney, Doug Letter, in a push to defend the ACA at the Fifth Circuit.

3 minute read

'I Made The Mistake of Representing Myself': Lawyer Gives Up Years-Long Fight Over $300

Ross Todd | January 03, 2019

Thomas Beck, a Southern California lawyer who specializes in police misconduct cases, estimates that his fight with a former employee over about $300 in back pay cost him upwards of $100,000.

4 minute read

Litigators of the Week for 2018, Take a Bow

Jenna Greene | December 20, 2018

From challenging efforts to un-do the Deferred Action for Childhood Arrivals program to prosecuting Bill Cosby to rebuffing DOJ's bid to block the merger of AT&T and Time Warner, here's the full list of our Litigators of the Week this year.

18 minute read

Litigators of the Week: A Delicious Win for Gibson Dunn and Squire Patton Boggs

Jenna Greene | December 20, 2018

The trio of litigators successfully defended ramen noodle companies from Korea that were hit with a $500 million class action for price fixing.

12 minute read

CVS Taps Williams & Connolly to Boost Court Team as Judge Digs Into Aetna Merger

C. Ryan Barber | December 20, 2018

A team from Williams & Connolly recently joined Dechert in advocating for the CVS-Aetna merger, as a judge in Washington raises his concerns.

5 minute read

Judge Swipes Right on Tinder Patents

Scott Graham | December 20, 2018

U.S. District Judge Alan Albright ruled the dating app interface is eligible for patenting, moving Match Group's suit against rival Bumble Trading one step forward.

3 minute read

Opioid MDL Judge Refuses to Dismiss Claims That Drug Companies Caused 'Man-Made Plague'

Amanda Bronstad | December 20, 2018

In the most substantial ruling to come out of the litigation over opioids, U.S. District Judge Dan Polster adopted most of a magistrate judge's Oct. 5 report and recommendation allowing RICO and public nuisance claims to go forward against opioid companies.

5 minute read

Daily Dicta: Debevoise; Blank Rome Score for Victims of Long-Ago Massacre

Jenna Greene | December 20, 2018

A federal judge in Philadelphia has refused to dismiss a suit against a man accused of leading a military unit in Liberia that slaughtered 600 unarmed civilians who had taken shelter in a church.

7 minute read

Is the FTC Also to Blame for Facebook's Scandals?

Kristen Rasmussen | December 20, 2018

In a recent speech in Dublin, the Electronic Privacy Information Center's Marc Rotenberg argued that Facebook scandals around fake news and privacy were a result of lax enforcement by the Federal Trade Commission.

3 minute read

Judge Denies Weinstein's Motion to Dismiss Five Remaining Sexual Assault Charges

Tom McParland | December 20, 2018

Harvey Weinstein's attorney, Benjamin Brafman, had argued that prosecutors failed to present a range of exculpatory evidence to the panel.

3 minute read

Miami Judge Tosses Steele Dossier Case Against BuzzFeed

Robert Storace | December 19, 2018

A federal judge in Florida late Wednesday sided with BuzzFeed on a motion for summary judgment, dismissing a lawsuit by a Russian businessman suing over the Russia-Trump dossier.

3 minute read

Daily Dicta: A Look at the Dumbest (and Not-So-Dumb) Lawsuits of the Year

Jenna Greene | December 19, 2018

It's time for a favorite holiday tradition—the U.S. Chamber Institute for Legal Reform's annual list of the year's 10 most ridiculous lawsuits.

9 minute read

Judge Allows Bloomberg Breach-of-Contract Suit Against UBS to Move Forward

Colby Hamilton | December 19, 2018

U.S. District Judge Valerie Caproni said the financial firm's venue choice was sensible, and refused to dismiss three of the four breach-of-contract claims against UBS over its use of Bloomberg's proprietary data.

4 minute read

Citing J&J's 'Reprehensible Conduct,' Judge Upholds $4.7 Billion Talc Verdict

Amanda Bronstad | December 19, 2018

One day earlier, another judge ruled that he had "grave doubts" about granting Johnson & Johnson's summary judgment in a case brought by the state of Mississippi.

4 minute read

Court Rejects Claim That Driver's 'Neurobiological Response' to iPhone Text to Blame for Fatal Crash

John Council | December 19, 2018

A federal appellate court has rejected a products liability claim against Apple alleging that a woman's neurobiological response to looking at a text message on her iPhone 5 while behind the wheel was the cause of a car crash that killed two people and paralyzed a child.

4 minute read

Facebook Sued by DC's Attorney General Over 'Failure' to Protect User Privacy

Ian Lopez | December 19, 2018

The 21-page complaint in D.C. Superior Court alleges “lax oversight and enforcement of third-party applications.”

2 minute read

Judge Sullivan Just Wrecked Trump's New Asylum Restrictions

C. Ryan Barber | December 19, 2018

"Because it is the will of Congress—not the whims of the executive—that determines the standard for expedited removal, the court finds that those policies are unlawful," Sullivan wrote in Wednesday's 107-page ruling.

5 minute read

DC Circuit Delivers Blow to Company Fighting Apparent Mueller Subpoena

Ellis Kim | December 18, 2018

According to Tuesday's order, the corporation attempted to quash the subpoena by arguing it was immune under the Foreign Sovereign Immunities Act.

2 minute read

Baker & Hostetler Tapped by Marriott in Data Breach Class Actions

Amanda Bronstad | December 18, 2018

On Tuesday, Baker & Hostetler's Daniel Warren, a partner in Cleveland, filed a court appearance to represent Marriott before the U.S. Judicial Panel on Multidistrict Litigation.

2 minute read

San Francisco Jury Rejects $500M Antitrust Claims in Ramen Noodles Price-Fixing Case

John Council | December 18, 2018

After a five-week trial, a federal jury in San Francisco issued a defense verdict in a $500 million antitrust class action filed against two South Korean companies accused of conspiring to fix the price of ramen noodles in the United States.

2 minute read

By Denying Moonves His $120M Severance, CBS Could Tamp Down Shareholder Litigation

Tom McParland | December 18, 2018

There remains the possibility that Moonves, who has been accused of forcing himself on women and retaliating against those who rebuffed his advances, could sue CBS to recover his "golden parachute."

6 minute read

Delaware Court Clerk Loses Benefits after Emailing Mark Zuckerberg

Tom McParland | December 18, 2018

A Delaware Superior Court judge has ruled that a clerk for the Court of Chancery in Wilmington was terminated for "just cause" for using her state email account in 2017 to solicit the Facebook CEO's help for an unspecified "product" she was developing.

4 minute read

After Threatening Prison, Judge Sullivan Delays Flynn Sentencing

Ellis Kim | December 18, 2018

The surprise development came after Sullivan offered to give Flynn more time to consider his decision to plead guilty to lying to investigators probing Russia's interference in the 2016 election.

4 minute read

Daily Dicta: In Meningitis Pharmacy Case, 11 Guilty and One Acquittal—How McDermott Lawyers Won Their Case

Jenna Greene | December 17, 2018

“Representing an innocent person,” said McDermott Will & Emery partner Mark Pearlstein, “is the most pressure of all for a defense attorney.” And his client, pharmacist Joseph Matthew “Matt” Evanosky, was “absolutely innocent."

7 minute read

He's Baaack: Alex Kozinski Returns to the 9th Circuit (as a Lawyer)

Ross Todd | December 14, 2018

The former chief judge who retired amid sexual harassment allegations appeared on a brief attempting to revive a copyright lawsuit involving the Academy Award-winning film "The Shape of Water."

3 minute read

In Exploding E-Cigarettes Suits, LG Raises Jurisdictional Defense

Amanda Bronstad | December 14, 2018

On Monday, an Orange County Superior Court judge will hear arguments over whether lawsuits alleging injuries caused by exploding e-cigarettes should be coordinated to decide a jurisdictional challenge raised by LG, the alleged manufacturer of the lithium ion batteries.

4 minute read

In Upholding $100M Tax Shelter Fraud Verdict, KY High Court Sends a Message

Charles Toutant | December 14, 2018

And when Kentucky's court of last resort reinstated a $100 million verdict against Chicago-based Grant Thornton, the nation's sixth-largest accounting firm, it was more as a deterrent against future misconduct than out of sympathy for the plaintiffs.

5 minute read

Weinstein Accusers Want to Block Emails Unearthed in Del. Bankruptcy Action

Colby Hamilton | December 14, 2018

The class members in a lawsuit in Manhattan federal court argue Weinstein's legal team is seeking an end-run around that court's judicial oversight.

5 minute read

Locked-Down DC Circuit Keeps Apparent Mueller Grand Jury Fight Under Wraps

Ellis Kim | C. Ryan Barber | December 14, 2018

In a remarkable step, the fifth floor of the courthouse was closed to the public in an effort to keep the proceedings secret.

4 minute read

Litigator of the Week: The Paul Weiss Partner Who Made New Law in Delaware

Jenna Greene | December 14, 2018

The Fresenius decision is likely to influence every deal in Delaware going forward, and earned Lewis Clayton the mantle of Litigator of the Week.

10 minute read

Gibson Dunn Fee Petition Highlights DOJ's Switched Position in SCOTUS

Marcia Coyle | December 14, 2018

"In short, the government dug in its heels all the way to the end, and lost it all," Gibson Dunn said in its fee petition in the D.C. Circuit, where the firm was pro bono in a case challenging the appointment of SEC administrative law judges.

5 minute read

Best Practices

Survey Shows Execs Lack Confidence in Their Companies' Crisis Response Plans

Sue Reisinger | December 13, 2018

The first-ever global Crisis Management Benchmarking Report was issued Thursday by law firm Morrison & Foerster in partnership with the Ethisphere Institute. The law firm said the report is designed to give corporate legal departments insights into trends in crisis management and to highlight best practices for crisis planning.

4 minute read

Federal and State Judges Push Back at Trump's Anti-Judiciary Tweets

Tony Mauro | December 13, 2018

"How can you defy the president?" U.S. District Judge James Robart said. "That's what my job is—to be sure the Constitution is followed. If that means telling the president he is wrong, that is what I am supposed to do."

6 minute read

Leaks in CBS Sexual Misconduct Probe Put Debevoise, Covington Under Scrutiny

Scott Flaherty | December 13, 2018

As CBS considers the legal fallout after findings from an internal investigation of sexual misconduct allegations went public last week, two major law firms leading the probe face questions about their efforts to protect confidential witnesses. For Debevoise & Plimpton, this marks the second time this year the firm has been thrust into the spotlight for such a failure.

4 minute read

9th Circuit Cautions Judges About Setting Nationwide Injunctions

Ross Todd | December 13, 2018

"District judges must require a showing of nationwide impact or sufficient similarity to the plaintiff states to foreclose litigation in other districts, from Alaska to Puerto Rico to Maine to Guam," wrote Judge J. Clifford Wallace in narrowing an injunction barring changes to rules affecting contraceptive coverage under the Affordable Care Act.

2 minute read

Debevoise Pick Up New York Knicks Owner's $600K FTC Fine for Deadline Foul

C. Ryan Barber | December 13, 2018

James Dolan, executive chairman and CEO of Madison Square Garden Company, agreed to pay a $609,810 fine for an antitrust reporting violation. Behind the scenes, Dolan had reached a separate deal on who'd pick up the tab.

5 minute read

Daily Dicta: Covington Wins Big for Deutsche Bank in Terrorism Suit

Jenna Greene | December 13, 2018

It's almost impossible not to sympathize with Charles Shaffer, who as a 23-year-old soldier was horribly injured in Iraq by an improvised explosive device. But does Deutsche Bank bear any of the blame?

6 minute read

Greenberg Traurig Team Scores $32M Verdict in Trial Stemming from Brazen Ponzi Scheme

Jenna Greene | December 13, 2018

A team of high-profile litigators from Greenberg Traurig came out on top after a five-week jury trial, scoring a $32 million verdict in a dispute that stemmed from a scheme to import worthless home theater personal computer shells.

4 minute read

Is It Wrong for Trump to Intervene in Huawei Case?

Phillip Bantz | December 13, 2018

New York legal scholars disagree about whether it would be improper for President Trump to get involved in the Huawei case.

4 minute read

USC Student Expelled Over Rape Charge Granted New Hearing

Michael Booth | December 12, 2018

A three-judge panel of District Seven of the Second Appellate District on Tuesday overturned a prior ruling by a Superior Court judge who said the expelled student was not deprived of a fair investigation and hearing.

4 minute read

Judge Dismisses US Lawsuits Filed Over Malaysia Airlines Disappearance

Amanda Bronstad | December 12, 2018

Family members of 88 passengers who sued in U.S. courts will have to refile cases in Malaysia courts after a federal judge dismissed all 40 lawsuits.

5 minute read

Sidley Moves to Pull Investment Advisers Into Fraud Suit

Scott Flaherty | December 12, 2018

Sidley Austin says a group of investment advisers should also be punished if the firm ultimately loses an investor class action that has accused it of helping Aequitas Securities perpetrate fraud.

4 minute read

Feds Say National Enquirer Publisher Won't Be Prosecuted for Killing Story on Trump Affair for Pay

Colby Hamilton | December 12, 2018

Prosecutor's for the Manhattan U.S. attorney's office said the company admitted that the purpose of buying former Playboy model Karen McDougal's story and never publishing it was to help Trump during the 2016 election.

3 minute read

At K&L Gates, Women Who Allege Misconduct Leave--And Accused Partners Stay On

Lizzy McLellan | December 12, 2018

Sources described sexual harassment and gender discrimination—and even an alleged assault—involving certain male partners in Pittsburgh.

11 minute read

Daily Dicta: Feds Hit 'Outlaw' Motorcycle Gang Where It Hurts: Their Trademarks

Jenna Greene | December 12, 2018

Because nothing scares a motorcycle gang like trademark infringement.

8 minute read

Second Circuit Will Review $13B Goldman Class Cert—Again

Jenna Greene | December 12, 2018

Some of the biggest names in the securities bar beseeched the appellate court in amicus briefs to intervene.

2 minute read

Cohen's 'Blind Loyalty' Gets Him a 3-Year Prison Term

Michael Riccardi | December 12, 2018

Cohen told the court he wanted history not to remember him as a 'villain in [Trump's] story'

6 minute read

In New Lawsuit, Quinn Emanuel Client Sidecar Calls Uber a 'Monopolist'

Caroline Spiezio | December 11, 2018

The successor to defunct ridesharing company Sidecar claims Uber lowered prices to eliminate competition from the market.

3 minute read

Trump Awarded Nearly $300K on Stormy Daniels' Dismissed Defamation Claims

Ross Todd | December 11, 2018

Judge S. James Otero reduced the award Trump and his attorneys requested by 25 percent. While finding the attorneys' rates reasonable, the judge noted that the amount of hours the firm spent on matters was "excessive."

3 minute read

Despite 'Not Qualified' ABA Rating, Senate Lawyer Jonathan Kobes Is Confirmed to Eighth Circuit

Ellis Kim | December 11, 2018

Jonathan Kobes is the second of Trump's Eighth Circuit appointees deemed "not qualified" by the American Bar Association.

3 minute read

DOJ Frets About Kavanaugh Recusal in Challenge to CFPB's Power

Marcia Coyle | December 11, 2018

"Particularly for a question of this magnitude, the court may wish to wait for a vehicle in which all nine justices are likely to participate," Jeffrey Wall, the acting U.S. solicitor general, said in a brief in a case where newly confirmed Justice Brett Kavanaugh would recuse.

5 minute read

Will Kirkland's Lateral Hiring Binge Continue Under New Leader?

Roy Strom | December 11, 2018

Insiders see plenty of reasons to expect Kirkland & Ellis to keep up its aggressive lateral hiring with Jon Ballis at the helm.

4 minute read

Daily Dicta: John Steinbeck Died 50 Years Ago—But His Heirs Are Still Fighting Over His Work

Jenna Greene | December 11, 2018

There's more at stake than selling paperback copies of “The Grapes of Wrath” or “Of Mice and Men” to high school sophomores. Universal Studios had been interested in producing “East of Eden” and DreamWorks wants to remake “Grapes of Wrath."

7 minute read

ITC Greenlights Investigation of Juul Labs' E-Cigarette Rivals

Scott Graham | December 10, 2018

The trade commission has asked an ALJ to take evidence on the public interest as part of the patent infringement investigation.

3 minute read

NY Judge Set to Weigh Arguments for Release of Bronx Zoo Elephant

Andrew Denney | December 10, 2018

The effort is being led by the Nonhuman Rights Project and its president, Steven Wise, who has been advocating for years to establish legal rights for animals.

4 minute read

Tesla Tapped a Trial Lawyer as GC—What Might That Mean?

Caroline Spiezio | December 10, 2018

Hiring a trial attorney as GC is an uncommon choice, and one that could signal the company expects regulatory or litigation troubles in its future.

3 minute read

Judge Rejects ESPN's Motions to Toss Portion of Adrienne Lawrence Sex Harass Lawsuit

Robert Storace | December 10, 2018

The judge did order the attorneys to remove portions of the lawsuit that were pulled from a book detailing sexual harassment at the network going back to the 1970s.

4 minute read

Supreme Court Rule Puts a Crimp in Crowd-Funded Amicus Briefs

Tony Mauro | December 10, 2018

“The Clerk's Office interprets this language [of Rule 37.6] to preclude an amicus from filing a brief if contributors are anonymous,” a spokesperson for the Supreme Court told NLJ.

3 minute read

Daily Dicta: Is That the Worst You've Got on Bill Barr?

Jenna Greene | December 10, 2018

In what's become a rite of passage for high-profile Trump administration figures, Attorney General nominee William Barr was mocked over the weekend on Saturday Night Live. But if this is the worst they've got, he's in for smooth sailing.

9 minute read