The pair knocked out a billion-dollar judgment against Bank of America that had stood out as a bright spot for prosecutors in the wake of the financial crisis.
A Florida judge on Wednesday let stand a $140 million jury verdict against Gawker Media for publishing a sex tape of Hulk Hogan. It's a judgment born of (understandable) outrage, but it's not likely to survive appellate review.
Kelley Drye notched its latest defense win Tuesday in U.S. litigation stemming from a massive Union Carbide chemical accident in Bhopal, India, three decades ago.
U.S. Supreme Court Justice Sonia Sotomayor set a neat little precedent in a decision on Monday, when she referred to Wilmer partner Catherine Carroll as "amica," not "amicus."
Emilie Olsen killed herself after bullies at school allegedly made her life miserable. Her parents have sued the school district, but as other bullying suits have shown, holding a school liable is no easy feat.
Plaintiffs Giant Darren Robbins on Scorched Earth, Worthy Opponents and What’s Next in Complex LitigationBy Jenna Greene |
Darren Robbins is one of the most successful advocates ever for injured shareholders. He spoke with The Litigation Daily about how he and his partners have built Robbins Geller Rudman & Dowd, what they look for in laterals and the next big thing in complex litigation.
Litigators like to tout their track record in "bet-the-company" cases. But how many lawyers can claim a victory in "bet-the-temple" litigation?
Just because you say it benefits the little guy to ban class actions in favor of arbitration doesn't make it true.
An essential ingredient for any political campaign is music--something upbeat and catchy that you probably listened to in high school. But for every artist who gladly lends support, there are more who indignantly demand that a candidate (usually Republican) quit using their music immediately. Just ask Ted Cruz and Mike Huckabee.
Employment discrimination litigation in federal courts has been on the wane, but in recent years there’s been a major spike in one area: in lawsuits brought by employees who faced discrimination when juggling family caregiving responsibilities and their jobs, a new report found.
Have you ever looked yourself up on Spokeo? It's sort of terrifying. In some ways, the U.S. Supreme Court's decision in the Spokeo case is disappointing, and is likely to thwart potentially worthwhile class actions. At the same time, the underlying suit is a bit disingenuous.
If law has a sister profession, it’s accounting--which is why a long-running, $350 million gender discrimination class action against KPMG has special resonance. The allegations should sound awfully familiar to women in Big Law.
There is “nothing fraudulent about a disappointing year,” wrote U.S. District Judge Lewis Kaplan in tossing a class action against Weight Watchers. It was one of three big wins for Simpson Thacher & Bartlett this week.
A team from Irell & Manella scored a win for Public Storage in a rare merger litigation case to go to trial in California.
A pair of board-friendly wins for Mundiya in New York and Delaware makes it tougher for shareholders challenging going-private transactions.
Latham & Watkins antitrust litigators racked up three wins in the past week, prevailing in federal court on behalf of Live Nation Entertainment Inc. and Ticketmaster; Ocean Spray Cranberries Inc.; and Blue Rhino propane gas seller Ferrellgas.
Four journalists who were arrested while covering the protests in Ferguson, Missouri, following the death of Michael Brown in 2014 settled a lawsuit against the St. Louis County Police Department on Wednesday.
It was like winning the PR lottery: 15 seconds of unexpected fame for law firms featured on the TV game show "Jeopardy!"
After $1.2 billion in settlements and a decade of litigation that swept in antitrust lawyers from more than 50 firms (seriously, did anyone NOT work on this case?), the massive air cargo price fixing litigation is coming in for a landing.
It’s a slightly off-putting spectacle, to see would-be judges trolling for votes like D-list politicians--and it’s now being played out in 38 states across the country that elect their judges.
As the Manning brothers are to football, the Kennedys to politics, so too are the Warin brothers to law. The trio--Roger, Ed and Joe--are all top litigators, and they credit their mother with inspiring them.
Dispatching a multibillion-dollar threat to Sanofi-Aventis, Cary polished off claims that the company blocked rival drugmakers from competing to sell blood thinners to hospitals nationwide.
The National Childhood Vaccine Injury Act of 1986 has been an amazing success, but as it turns 30, some adjustments may be in order, a former attorney for the United States with some responsibility for vaccine compensation issues writes.
Feel free to congratulate yourselves on your courtroom wins. But it’s not OK to misrepresent what actually happened. A decision this week on the boundaries of law firm “self-promotion and puffery” by a California state court of appeals is fascinating--and wrong.
Cross-examinations can be tedious. But every so often, you get one of those “gotcha” moments that makes them fun. That happened this week in a bench trial before U.S. District Judge Kevin Castel in the Southern District of New York.
A look at some of the most notable lateral litigator moves in April.
The threat of sanctions is often enough to deter frivolous complaints, but not always.Take the (almost certainly fake) one that “Katie Johnson” filed against Donald Trump and financier Jeffrey Epstein last week in U.S. District Court for the Central District of California.
When a football league adopts arbitration it isn't about a big guy trying to hand a player a raw deal, a New York arbitrator writes.
You’ve got to like any decision that cites the Magna Carta, the writings of Alexander Hamilton and a long passage from John Steinbeck’s “East of Eden.” Those were among the authorities invoked by a three-judge panel for the U.S. Court of Appeals for the D.C. Circuit on Friday, when it struck down as unconstitutional a statute giving Amtrak regulatory authority over freight railroads.
She’s been labeled a scourge of the sharing economy and a protector of its workers. Either way, Liss-Riordan isn’t going away.
Hogan Lovells litigation legend Robert Bennett faces off against the feds in Kentucky. His client, a prominent cardiologist, is accused of performing unnecessary stent procedures. Will he leave DOJ lawyers brokenhearted?
He was a healthy 10-year-old boy until he got the Flu Mist vaccine. Within a month, he had total liver failure and needed a transplant. More likely than not, Flu Mist was to blame.This isn’t a crazy anti-vaxxer theory. It’s the conclusion of an obscure tribunal within the U.S. Court of Federal Claims.
Big Law litigators love to boast that their firms are ready and willing to take cases to trial. So it’s interesting to look at the top 100 verdicts of 2015 to see what firms are actually making good on their threats. The answer is probably not who you’d think.
If Tom Brady and his legal dream team can’t overturn an arbitration decision, you know the rest of us don’t have a prayer. Not even a Hail Mary.
The Am Law 100 comes out today, and it will be eagerly scrutinized by thousands of readers who want to know who made the most money. But it’s not the be-all, end-all of being a lawyer. Just ask Ronald Safer, a name partner at Riley Safer Holmes & Cancila, who got a man wrongly convicted of murder set free last week.
Richmond's $940 million jury verdict for Epic System is one of the largest ever in a trade secrets case.
Some lawyers wait years for the chance to argue before a federal court of appeals. Kellie Kulka did it as a third year law student--and just won a precedent-setting decision from the U.S. Court of Appeals for the Sixth Circuit. Credit Squire Patton Boggs with the opportunity.
A class action alleging that the Census Bureau’s criminal background check policies had a disparate impact on black and Latino applicants settled on Tuesday for $15 million. For plaintiffs lawyers, such suits are perhaps the most difficult and least lucrative to bring, but they're also incredibly important.
All good litigators have two things in common: They’re excellent writers and natural storytellers. Which makes writing a novel a natural pursuit for those inspired to do so. In a new thriller, Arnold & Porter partner Anthony Franze offers a fascinating window into Big Law life and the appellate bar.
A team from Simpson Thacher & Bartlett won a groundbreaking appellate decision reversing class certification in a securities action against firm client Best Buy Co. Inc.
A decade after they began fighting to reform the way Florida delivers Medicaid services to kids, partners Stuart Singer and Carl Goldfarb can finally claim a hard-won victory.
After a change in government and a change of lawyers, the end of Argentina’s long battle with bondholders may finally be near.
Former Dentons client RevoLaze claims the firm owes more than $50 million for allegedly mishandling an ITC case that saw the firm disqualified last year.
Baker & Hostetler and the Competitive Enterprise Institute may be the face of the energy industry’s first courtroom response to claims that oil companies misled the public about climate change.
Can the Consumer Financial Protection Bureau convince an appeals court that director Richard Cordray is no tyrant?
When James Hurst moved from Winston & Strawn to Kirkland & Ellis in late 2014, he was dubbed “Biglaw’s $9 Million Man” for his reportedly enormous new salary. The star life sciences litigator appears to be earning his keep. On Thursday, he and Kirkland partner Andrew Kassof co-led a trial team that delivered a blockbuster win on behalf of Abbott Laboratories.
They call it the death squad, where patents go to die. But that doesn’t mean the U.S. Patent Trial and Appeal Board always gets it right.
Product liability litigation against drug companies often hinges on the science. But when it comes to convincing a judge that the science is bad, it’s all about the lawyers.
A team from Morrison & Foerster won a bench trial in California state court on behalf of Lumber Liquidators, which was accused of failing to warn consumers that 26 of its laminate flooring products contained cancer-causing formaldehyde.
The weight of Halliburton Co.’s $35 billion bid for Baker Hughes Inc. rests on the shoulders of O’Melveny & Myers partner Richard Parker and Baker Botts partner Stephen Weissman,who have been tapped to defend the contested merger in court against the Justice Department.
This is what the people eat in “The Walking Dead”: food from cans. A raw turtle. Possum. Cheez Whiz. Bob’s leg. This is what the zombies eat: people. Which makes a Walking Dead-themed restaurant either a terrible idea or brilliantly hilarious. Either way, the man who created the franchise doesn’t appreciate it.
Demand for litigators seems to be lagging behind corporate, regulatory and transactional specialists--consistent with predictions by some consultants earlier this year. So what do recent lateral moves tell us about the market for litigators?
So long as you don’t mind, say, a 22-year-old from Sweden living in your house, having an au pair seems like a great bargain--45 hours a week of child care for $4.35 an hour. But a class action in Denver federal court threatens to upend the program.
Did the documentary "Blackfish" hurt attendance at SeaWorld? A federal judge last week ruled that plaintiffs in a putative securities fraud class action couldn't prove that it did.
Eugene Scalia has long been known as a regulation killer, the go-to lawyer for attacking government overreach. This week, the Gibson, Dunn & Crutcher partner slayed one of his biggest dragons yet: the designation of MetLife Inc. as a “systemically important financial institution.”
What happens when a powerful business is upset with a potentially damaging news article? Letters from lawyers fly, as shown by the NFL's reaction to an investigative article by the New York Times.
When U.S. Court of Appeals for the Ninth Circuit Judge Alex Kozinski blasted a lawyer for poor performance, he earned my gratitude. Not for the schadenfreude of a bench-slap (actually more like a pummeling), but for warning the public about a lawyer. More judges should follow his lead.
With statistical sampling at the heart of a False Claims Act case over hospice charges, lawyers at Reed Smith and Hogan Lovells are sounding the alarm for the medical industry.
When you say ‘pro bono,’ most lawyers might think of a death penalty appeal or assisting an undocumented immigrant or helping a tenant fight an eviction. Then there’s Winston & Strawn’s work for the makers of a 'Star Trek' fan film.
Lawyers from Sidley Austin and Manatt, Phelps & Phillips scored a $25 million jury verdict on behalf of a California-based mortgage bank that said its ex-employees illegally transferred hundreds of private consumer loan files to a competitor.
Regrouping after a setback at the Supreme Court, Steven Zalesin cleared Coca-Cola of long-standing false advertising claims by juice-maker POM Wonderful.
Lawyers for TCL Communication Technology Holdings are celebrating the latest turn in a worldwide IP battle against Ericsson.
Remember Donald Sterling, the former owner of the L.A. Clippers? His lawsuit against the NBA and his wife over the forced sale of the team turned out to be the legal equivalent of throwing a brick. See how a Los Angeles federal judge systematically shredded his claims.
The federal government has spent more than $350 million to settle back pay claims by federal judges, a Lit Daily investigation has found.
Bellwether trials can sometimes be about as reliable as a bunch of sheep following the one with a bell. Case in point: a $500 million verdict delivered by a Texas federal jury last week in a case involving hip implants.
A team from Simpson Thacher & Bartlett led by new litigation practice co-head Jonathan Youngwood scored an appellate win on Friday for former members of Lehman Brothers’ Benefits Committee.
If it wasn’t apparent that an appellate decision on Friday against Mylan Pharmaceuticals Inc. involving the (deceptively sleepy-sounding) exercise of personal jurisdiction was a big deal, the list of lawyers alone should make it obvious.
In his first trial to verdict as first chair, Baker Botts IP partner Kurt Pankratz successfully defended his client against a $59 million patent infringement claim. And he did so against one of the titans of the bar.
Rouhandeh’s persistence paid off in lingering litigation tied to $7 billion Ponzi scheme, to the great relief of his law firm client, Proskauer Rose.
It’s hard to imagine a less controversial candidate for the U.S. Supreme Court than Merrick Garland. But is that the best criteria for a nominee?
The sundress is cute, no question about it. But the way Lord & Taylor allegedly marketed it, paying for Instagram posts without disclosing the compensation and passing off an advertisement as a news article, stands as a warning to all businesses.
The EEOC scored a major win in the U.S. Court of Appeals for the Ninth Circuit in a sexual harassment class action involving prison guards. Thank Mach Mining.
In some ways, selling beer and selling lawyers isn't so different.
No lawyer in the world has a client list like Jared Genser. A former partner at DLA Piper, the human rights lawyer spoke with The Litigation Daily about his work, including his recent partnership with Amal Clooney to free the ex-president of the Maldives, and how law firms can help.
In his second securities class action win for drugmaker Sanofi this year, Neuwirth dissuaded the Second Circuit from taking a plaintiffs-friendly view of the Supreme Court’s decision in Omnicare.
Plaintiffs in a would-be class action called coffee creamer Coffee-mate illegal and dangerous, not to mention unfit for human consumption. Mayer Brown lawyers used pre-emption to get the suit against Nestlé tossed.
Big firms don’t often hire lateral partners directly from the government, let alone bring them in to head their largest practice. That should tell you a lot about how highly Orrick Herrington & Sutcliffe regards Melinda Haag, the new head of the firm’s 425-lawyer litigation department. What are her plans?
Lawyers from Crowell & Moring and Jones Day scored a win in a $200 million antitrust suit involving medical and surgical supplies for acute care providers.
On the list of things that Mark Zuckerberg doesn’t want to do, being deposed apparently ranks high. But even billionaires can’t sidestep the federal rules of civil procedure forever.
Can Gawker claim First Amendment protection for publishing a secret recording of pro wrestler Hulk Hogan having sex with his friend’s wife?
The way Donald Trump uses the court system says something about his character—and it’s not good.
It was practically Gibson, Dunn & Crutcher day at the U.S. Court of Appeals for the Second Circuit on Thursday.
It’s been just four weeks since litigation boutique Wilkinson Walsh + Eskovitz opened its doors, and the firm, which just added its seventh partner, says business is booming.
After half a decade, the smartphone patent wars may be winding down without an unqualified winner. But not without unqualified wins.
Baker & Hostetler partner John Moscow weighs in on the fight between Apple and the FBI over iPhone decryption.
Most of the time, getting the Supreme Court to deny cert isn’t much of an accomplishment. After all, the justices say no about 99 percent of the time. But sometimes, it is a big deal.
“The most interesting case I've ever seen.” That’s how U.S. International Trade Commission administrative law judge Thomas Pender described a fight over cutting-edge battery technology. But the best moments of the hearing came when the plainspoken judge called it like he saw it.
Until now, there has been no basement or attic, no safe or file cabinet, that’s been immune from a lawfully executed search warrant. It doesn’t feel right that iPhones should be an exception.
Not all plaintiffs lawyers are bemoaning a series of decisions from the Delaware Chancery Court cracking down on disclosure-only M&A settlements.
Lit Daily sibling publication The Recorder on Monday announced its picks for litigation department of the year in 2016. Who came out on top?
It’s the shortest month of the year, but February saw plenty of big-time lateral action. Here are some that caught our eye.
When patent and antitrust laws collided for Samsung Electronics Co., Sheppard Mullin's Michael Scarborough pulled out an important victory.
Schwab was sued for investing too aggressively during the financial crisis. The key question for Judge Lucy Koh: Was the suit precluded by the Securities Litigation Uniform Standards Act?
Will the Federal Trade Commission use a consumer protection statute to do away with "conversion therapy" treatments that purport to change a person's sexual orientation or gender identification? They should.
Here’s one way to make a good impression on your new partners: Win a huge case right after you merge into their firm.
For litigators, it’s not enough to know what to say. You also have to know how to say it.
Music producer Dr. Luke may well prevail in a truly ugly breach of contract suit against the singer Kesha. But in the meantime, he’s getting clobbered in the court of public opinion. What happened? And could the lawyers have played it differently?
Has GlaxoSmithKline finally seen the last of whistleblower Blair Hamrick?
Litigators of the Week: Douglas Greenswag and Patrick McElhinny of K&L Gates and E. Joshua Rosenkranz of OrrickBy Scott Flaherty |
The trio’s efforts in a high-stakes fight for Carnegie Mellon University paid off this week to the tune of $750 million.
Five years after the BP oil spill fouled the Gulf of Mexico, a judge ruled for the first time that companies involved in the cleanup effort deserve the same immunity afforded to government agencies—even through the companies weren’t working under government contracts.