Daily Dicta by Jenna Greene

Robert Giuffra of Sullivan & Cromwell.

Shout-Out: Sullivan and Cromwell—and Bob Giuffra—Strike Again

By Jenna Greene |

Facing firepower from a top securities class action firm, Sullivan and Cromwell partners Robert Giuffra Jr. and Matthew Schwartz on Thursday racked up a win on behalf of department store Kohl’s Corp. and two of its executives in Wisconsin federal court.

New Tactic in Climate Change Litigation Could Cost Energy Companies Billions. Or Not.

By Jenna Greene |

“This type of state common law climate litigation has been a long time coming, and these cases may well represent the first of a slew of similar cases nationwide."

Scott Balber of Herbert Smith Freehills.

This Suit Says Everything About Latest Lawyer in Trump-Russia Scandal

By Jenna Greene |

A person’s choice of counsel can speak volumes. Consider Ike Kaveladze, the “eighth person” at the now-infamous meeting with Donald Trump Jr. He's tapped Scott Balber, counsel of record in one of the most ridiculous lawsuits of all time. Hint: It involved Donald J. Trump, Bill Maher and an orangutan.

The Actor by Pablo Picasso

Some Nazi-Era Art Cases Are Easy—But Not This One

By Jenna Greene |

When it comes to disputes over the ownership of artwork that changed hands during the Nazi era, it’s hard not to sympathize with the plaintiffs—descendants of Jews who were persecuted or slaughtered during the Holocaust. But a case pending in the Southern District of New York tests just how far these claims can go.

Ty Cobb.

Ty Cobb, Jamie Gorelick and the Art of the Graceful Exit

By Jenna Greene |

Hogan Lovells partner Ty Cobb did his firm a big favor. He’s resigning.

L-R Marc Kasowitz and Alan Futerfas

This is Why No One Wants to Represent the Trumps

By Jenna Greene |

Having a bad day? Hate your job? Take some solace in the fact that at least you don’t represent a member of the Trump family.

When Lawyers are CEOs, Good Things Happen (Most of the Time)

By Jenna Greene |

Move over philosopher-kings—let’s hear it for the lawyer-CEOs. A new study of publicly traded companies headed by chief executives who also have law degrees found that such companies don’t get sued as often, and when they do, the consequences of litigation are less severe.

CFPB Director Richard Cordray.

Consumer Financial Protection Agency Kills Arbitration—and It Feels Good

By Jenna Greene |

In one of the more surreal actions to come out of Trump-era Washington, the Consumer Financial Protection Bureau on Monday finalized a rule that bars banks, credit card issuers and the like from using arbitration clauses—the ones buried in the fine print of hundreds of millions of contracts—to block class actions.

Judge Janice Rogers Brown.

Brown to Step Down, Handing Trump Another High Profile Judicial Vacancy

By Jenna Greene |

Judge Janice Rogers Brown is retiring—and won’t take senior status--giving President Trump the opportunity to fill a vacancy on what is often called the second-most powerful court in the nation, the U.S. Court of Appeals for the District of Columbia.

Lateral Report: 10 Notable Litigator Moves in June

By Jenna Greene |

It’s not just hot outside—the market for lateral litigators heated up in June, with multiple big-league moves. Just ask Latham and Watkins or Shearman and Sterling or Davis Polk and Wardwell.

Beth Wilkinson of Wilkinson Walsh + Eskovitz.

No Pressure—Just $12 Billion on the Line as Containerboard Class Action Gets Closer to Trial

By Jenna Greene |

Taking a price fixing class action to trial is not for the faint of heart.

Michael Daugherty.

Flimsy FTC Data Breach Action Gets Appellate Test. And It's Not Pretty

By Jenna Greene |

Hungry litigators on the prowl for the Next Big Thing have been talking for ages about data breach litigation. Now pending before the U.S. Court of Appeals for the Eleventh Circuit is a case that’s sure to shape the data security landscape: the knock-down, drag-out, hair-pulling, eye-gouging fight between the Federal Trade Commission and LabMD.

ex-Arizona Cardinals cheerleader Megan Welter

What Do You Get if You Mix a Cheerleader, Justice Kennedy, Simpson Thacher and My Worst Nightmare? This Column.

By Jenna Greene |

Why is lawyer rating site Avvo in a fight with an ex-cheerleader? And what's up with all the Justice-Kennedy-Might-Retire speculation? How did Simpson Thacher defeat class cert? All this and more...

Oxycontin

A Blast From the (Smoky) Past: Are Opioid Suits the New Big Tobacco?

By Jenna Greene |

As states, cities and counties pile on to sue opioid manufacturers for fueling drug addiction, it's got a familiar feeling: the suits against big tobacco.

An advertisement for Trump University.

How a Nagging Flaw Could (and Should) Un-Do the Trump U Settlement

By Jenna Greene |

“A classic Catch-22.” “A Hobson’s choice.” “Deeply problematic.” That’s how a dozen top law school professors describe the Trump University fraud settlement in an amicus brief. It’s a strong argument—and it may be enough to persuade the U.S. Court of Appeals for the Ninth Circuit to reverse U.S. District Judge Gonzalo Curiel’s March 31 approval of the settlement.

U.S. Federal Trade Commission building

In Suing to Block Merger of Fantasy Sports Sites, FTC Resists the Trump Steamroller

By Jenna Greene |

Antitrust is not especially political. But there's a perception that Republican administrations tend to be more willing to say yes to corporate mergers. The FTC, however, just issued an emphatic “no," filing suit on Monday to block the merger of two fantasy sports sites.

From Baker Botts to the Bench and Back: When Being a Judge Isn’t the Ultimate Job

By Jenna Greene |

Becoming a judge is supposed to be the brass ring, the crowning glory of a legal career. So what makes someone give it up to go back to private practice?

Senator Kamala Harris (D-CA) questions Attorney General Jeff Sessions during a Senate Intelligence Committee regarding the firing of FBI Director James Comey, and Sessions’s alleged meetings with Russian officials, on June 13, 2017.

Girl (Senator) Interrupted: Women Litigators Feel Kamala Harris’ Pain

By Jenna Greene |

For the second time in a week, U.S. Senator Kamala Harris was interrupted by her male colleagues, who told the former prosecutor from California to back off aggressively questioning Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein. For women litigators, it’s a depressingly familiar dynamic.

James Hurst.

20 Years, 5 Trials, and It’s Still Not Over: This Case is Like ‘Groundhog Day’ for Kirkland’s Hurst

By Jenna Greene |

In some ways, winning a $26 million jury award for age discrimination in 2002 against Abbott Laboratories was the worst thing that could have happened to former sales manager David Jelinek and his legal team. Because after the verdict was reversed on appeal 12 years ago, they’ve been chasing it ever since. And it’s not working.

U.S. Attorney General Jeff Sessions

Jeff Sessions (Gulp) is Right—It’s a Problem to Dole Out Settlement Money to Third Party Groups

By Jenna Greene |

There’s a fine line between government settlements that promote justice and those that amount to windfalls for select non-profit organizations.

CrossFit Clobbers Competitor with Sanctions in False Advertising Case

By Jenna Greene |

It probably shouldn’t come as a surprise: CrossFit will kick your butt in court.

U.S. President Donald Trump sits during a meeting with Nguyen Xuan Phuc, Vietnam's prime minister, not pictured, in the Oval Office of the White House in Washington, D.C., U.S., on Wednesday, May 31, 2017. Trump hasn't yet decided whether to keep the U.S. in the landmark Paris agreement on climate change but is leaning toward exiting the accord, according to two people familiar with the matter. Photographer: Olivier Douliery/Pool via Bloomberg

Worst. Client. Ever.

By Jenna Greene |

For such a frequent litigant, Donald Trump sure does stink at being a client. It’s a standard instruction, for god’s sake. Don’t talk about your case. Keep your mouth shut and let your lawyers do their thing.

L-R Paul Clement and Todd Cosenza.

When Not Even Paul Clement Can Save Your ($10 Billion) Case

By Jenna Greene |

Not even the former solicitor general could save a $10 billion fraud suit against Barclays Bank PLC. It was a big victory for Willkie Farr and Gallagher—and a nice illustration of why you don’t change horses in mid-stream.

Leaping Litigators: Top 10 Lateral Moves in May

By Jenna Greene |

It’s getting hot outside, and the lateral litigator market is heating up too. High profile real estate and IP litigators found new homes in May, with MoFo and Fried Frank among the winners.

Scales of Justice: When Slack Fill Cases Aren’t Totally Stupid

By Jenna Greene |

Of all the injustices crying out to be righted, slack fill ranks pretty low. But that hasn’t stopped plaintiffs lawyers from bringing a flurry of cases against food and drug companies for under-filling their packaging, leaving empty, non-functional “slack fill” space. But not all cases are created equal.

San Francisco Gold Rush, the 49ers cheerleaders.

Plaintiffs Fumble on Cheerleader Suit

By Jenna Greene |

When a lawsuit involves an antitrust conspiracy with nearly $1 billion on the line, when the case has been covered by media including ABC News, Time Magazine and the Associated Press, when it involves the epitome of a sexy topic—cheerleaders for god’s sake—that’s not usually when a federal judge will urge counsel to let junior associates have a crack at oral argument.

Judge Joseph R. Goodwin.

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

By Jenna Greene |

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

(Clockwise from top left) Ted Olson, Robert Giuffra, Reid Weingarten and Marc Kasowitz.

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

By Jenna Greene |

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

Jamie Gorelick, left, and Robert Mueller, right.

Robert Mueller, Jamie Gorelick and the Wilmer Problem

By Jenna Greene |

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

Joe McLaughlin of Simpson Thacher.

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

By Jenna Greene |

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

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

By Jenna Greene |

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

Alex Jones and Akin Gump sign

Akin Gump Prevails Over Alex Jones in Chobani Defamation Suit

By Jenna Greene |

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

President Donald Trump, left, and White House counsel Don McGahn, right.

The Case for Giving White House Counsel Don McGahn the Boot

By Jenna Greene |

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

Kentucky Family Court Judge W. Mitchell Nance

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

By Jenna Greene |

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

FILE - In this Aug. 11, 2011, file photo, Gigi Jordan, the multimillionaire mother charged with killing her autistic 8-year-old son, appears in Manhattan Supreme court in New York. Jordan was sentenced Thursday, May 28, 2015, to 18 years in prison. (AP Photo/Mary Altaffer, File)

Millionaire Mom Who Poisoned Son Loses $225M RICO Suit

By Jenna Greene |

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

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

By Jenna Greene |

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

Wilson Sonsini Goodrich & Rosati.

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

By Jenna Greene |

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

James Comey, left, and Rod Rosenstein, right.

Rod Rosenstein’s Deal with the Devil

By Jenna Greene |

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

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

By Jenna Greene |

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

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

By Jenna Greene |

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

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

By Jenna Greene |

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

Rating the ABA Conference Swag

By Jenna Greene |

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

Senator Jeff Sessions (R-AL) appears before the Senate Judiciary Committee in Washington during his confirmation hearing to be the next U.S. Attorney General, on Tuesday, January 10, 2017.

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

By Jenna Greene |

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

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

By Jenna Greene |

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

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

By Jenna Greene |

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

Spring Awakening: The Top 10 Lateral Litigator Moves in April

By Jenna Greene |

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

Freight train with coal in forest

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

By Jenna Greene |

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

U.S. District Judge William Orrick III, Northern District of California

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

By Jenna Greene |

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

Alex Jones and Akin Gump sign

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

By Jenna Greene |

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

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

By Jenna Greene |

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

David Sochia.

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

By Jenna Greene |

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

On her 16th birthday, Makenzie Wethington suffered major injuries from a skydiving accident in Chickasha, Oklahoma.

Payday for 16-Year-Old Girl Whose Parachute Malfunctioned

By Jenna Greene |

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

U.S. District Judge Tanya S. Chutkan

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

By Jenna Greene |

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

Michael Imbroscio, left, and Paul Schmidt, right, of Covington & Burling.

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

By Jenna Greene |

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

Why is Flying So Terrible? Blame These Antitrust Lawyers

By Jenna Greene |

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

Lisa Bloom attends the world premiere of 'UNITY' at the DGA Theater on Wednesday, June 24, 2015 in Los Angeles. (Photo by Paul A. Hebert/Invision/AP)

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

By Jenna Greene |

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

Surgical Gowns

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

By Jenna Greene |

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

President  Donald Trump.

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

By Jenna Greene |

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

L-R Lawrence Spiegel and Greg Litt, Skadden, Arps, Slate, Meagher & From, New York.

Shout-Out: Skadden Scores in FIFA Ethics Fight

By Jenna Greene |

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

Judge Gary Thomas in 1986. He was appointed to the Marin County bench by Gov. Ronald Reagan in 1972. (Marin Independent Journal archives)

Prosecutor Left Paralyzed in Infamous Courthouse Hostage Fight Dies

By Jenna Greene |

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

Snapchat Logo

Ex-Snapchat Exec Goes Scorched Earth in Dispute with Company

By Jenna Greene |

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

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

By Jenna Greene |

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

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

By Jenna Greene |

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

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

By Jenna Greene |

No namby-pamby ‘no comment’ for the electric car maker when it was hit with an employment discrimination lawsuit this week. Instead, Tesla practically litigated its entire case in a press release.

Deanna Rice, counsel at O’Melveny & Myers.

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

By Jenna Greene |

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

Keystone Approval: Bittersweet for Sidley Team?

By Jenna Greene |

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

BEVERLY HILLS, CA - OCTOBER 30:  Dan Fegan, Chandler Parsons and Matthew Chevallard attend a Del Toro Chandler Parsons Event at Saks Fifth Avenue Beverly Hills on October 30, 2015 in Beverly Hills, California.  (Photo by Todd Williamson/Getty Images for Saks Fifth Ave / Del Toro)

Foul Shot: Gibson Dunn Slams NBA Agent

By Jenna Greene |

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

Neil Gorsuch: The Yelp Reviews

By Jenna Greene |

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

OSAKA, JAPAN - SEPTEMBER 26 2016: Human Size T-800 Endoskeleton Model from the Terminator 3D in Universal Studios japan

This is the Most Terrifying Lawsuit Ever

By Jenna Greene |

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

Matthew Moore of Latham & Watkins.

This Latham Partner Had a Very Good Day

By Jenna Greene |

Five. That’s how many wins Latham & Watkins partner Matthew Moore racked up in a single day before the U.S. Court of Appeals for the Federal Circuit last week

John Pierce, of Pierce Sergenian.

This New Litigation Boutique Has Big Law-Size Ambitions

By Jenna Greene |

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

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

By Jenna Greene |

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

Left to right: Daniel Pascucci and Joseph Dunn Mintz Levin

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

By Jenna Greene |

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

Robert Bennett of Hogan Lovells

Bob Bennett Notches Surprise Win in Health Care Fraud Case

By Jenna Greene |

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

I Spy Trouble for Vizio

By Jenna Greene |

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

Katie Marquart, left, and Robert Blume, right.

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

By Jenna Greene |

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

Adam and Amber Briggle and their two children.

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

By Jenna Greene |

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

Republican candidate for president Donald Trump.

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

By Jenna Greene |

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

Milbank partners Chris Gaspar, left, and Michael Nolan, right.

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

By Jenna Greene |

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

(l-r) Robert Khuzami, Erin Murphy, and John O'Quinn.

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

By Jenna Greene |

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

Lateral Love: Top Litigator Moves in February

By Jenna Greene |

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

James Sandman.

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

By Jenna Greene |

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

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

By Jenna Greene |

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

Don McGahn

For White House Counsel Donald McGahn, an Unwelcome Spotlight

By Jenna Greene |

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

Clara Shin.

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

By Jenna Greene |

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

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

By Jenna Greene |

To the Trump administration and its surrogates: consider yourselves warned. You’ll have a fight on your hands if you try to take voting rights away.

Rudy Giuliani.

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

By Jenna Greene |

Here are two cardinal sins for an attorney: saying something publicly that hurts your client’s case. And bad lawyering. Rudy Giuliani appears to be guilty of both

Volkswagen cars parked at a Volkswagen car dealership in Knoxville, TN.

Court Says ‘Nein’ to Overseas Discovery Bid in VW Case

By Jenna Greene |

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

David Boies.

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

By Jenna Greene |

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

Ninth Circuit Court of Appeals.

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

By Jenna Greene |

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

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

By Jenna Greene |

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

Idaho Fifth District Judge Randy Stoker

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

By Jenna Greene |

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

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

By Jenna Greene |

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

President Donald Trump’s Supreme Court Nominee Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit, addressing media during a meeting with Senator Chuck Grassley (R-IA), on February 1, 2017.

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

By Jenna Greene |

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

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

By Jenna Greene |

Here’s a look at a dozen of the most noteworthy litigator moves in January.

Left to right, immigration lawyer Junaid Sulahry stands in the international arrivals hall of San Francisco International Airport with fellow attorney volunteers Julie Hiatt and Marianna, who declined to give her last name.

On the Bright Side, Lawyers Are Suddenly Popular

By Jenna Greene |

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

LeBron James, left, and Donald Trump, right.

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

By Jenna Greene |

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

Beth Wilkinson, left, and P. Anthony Sammi, right.

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

By Jenna Greene |

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

Shout-Out: Simpson Thacher’s Hat Trick

By Jenna Greene |

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

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

By Jenna Greene |

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

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

By Jenna Greene |

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

President Donald Trump signs an executive order to withdraw the U.S. from the 12-nation Trans-Pacific Partnership trade pact agreed to under the Obama administration, Monday, Jan. 23, 2017, in the Oval Office of the White House in Washington.

Will Standing Kill Suit Against Trump?

By Jenna Greene |

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

Elisabeth

The Real Killers on Capitol Hill? Former Law School Profs

By Jenna Greene |

Ex-prosecutors can be scary, but there’s no one like a former law professor to hold someone’s feet to the fire. Just ask Betsy DeVos.