The new Supreme Court term is just around the corner, kicking off on October 4. In anticipation, four experts on Tuesday offered insights on cases to watch as well as the court’s composition and future.
On behalf of the secretaries and administrative assistants and file clerks of the world: discovery sucks. Which is why when foreign plaintiffs requested copies of all the documents--20 million pages--that Volkswagen has produced as part of multi-district litigation in San Francisco federal court, my initial reaction was 'Sure, hand ‘em over.' Except it's not that simple
For three years in a row, the same quartet of firms topped BTI Consulting Group’s 'Fearsome Foursome' list of most-feared opponents in court. Until now, when Dentons displaced Quinn Emanuel at the top. Except....why?
Two lawyers from Milbank, Tweed, Hadley & McCloy won a ruling striking down a Department of Justice directive on music licensing that could have thrown the recording industry in turmoil.
The legal world is full of lists and rankings. I should know, I help compile some of them. But there’s one honor that stands apart: the American College of Trial Lawyers. Being a member amounts to a stamp of approval from your peers that not only are you an excellent lawyer, you’re also not a jerk. Who are the 2016 inductees?
The first-ever antitrust trial of a Chinese company in the U.S. didn't end well. The U.S. Court of Appeals for the Second Circuit on Tuesday let a Chinese vitamin C maker off the hook for price fixing, even though the company admitted that it did it. Credit another first: the Chinese government's unprecedented foray as an amicus, represented by Sidley's Carter Phillips.
Like a kid in a candy shop. That’s how I feel about two new apps by Lex Machina that launch this week, the Law Firms Comparator and the Courts & Judges Comparator.
Plenty of law firms represent whistleblowers. But in a new $90 billion qui tam case, Kasowitz, Benson, Torres & Friedman is the whistleblower. The 350-lawyer New York-based litigation powerhouse is going after four of the country’s largest chemical companies for allegedly failing to inform the EPA of serious health injuries caused by a common chemical. As the relator, the firm could--at least in theory--be entitled to as much as 30 percent of the recovery, or $27 billion dollars. They just have to win.
The U.S. Supreme Court has set a high bar for patent-based injunctions, so Weil, Gotshal & Manges partner Edward Reines and associate Derek Walter get Litigator of the Week honors for meeting it in a high-stakes case.
It takes a certain shamelessness for a reality television star to claim a constitutional privacy violation. But in a new cert petition, 'Sister Wives' reality television stars Kody Brown and his four wives make a persuasive case that Utah's anti-bigamy law crosses the line.
Tired? Busy? Hate Going to Meetings? These Debevoise Lawyers Show Why You Should Join a Bar Association AnywayBy Jenna Greene |
Deborah Enix-Ross remembers the first time she attended a bar association meeting many years ago. “I looked around, and not only was I the only woman in the room, I was the youngest person by 25 years,” she said. “I thought ‘Why am I here?” She and three other prominent Debevoise & Plimpton lawyers explain why it's worth it.
Litigation is the original zero sum game--there are winners and losers. But ask a litigator about his or her win/loss record, and more often than not, you get hemming and hawing. Now, a new legal analytics company called Premonition is trying to quantify it.
Hey fellow parents--Are you dreading having The Talk with your son or daughter? No need to rush out and buy 'Our Bodies, Ourselves.' You can just give your kid a copy of an opinion on Friday by the U.S. Court of Appeals for the Second Circuit. It’s all pretty much there, thanks to a slightly absurd false advertising suit between two pregnancy test makers.
Theodore “Ted” Boutrous Jr. is not known for being shy. The gregarious Gibson, Dunn & Crutcher partner has been at the forefront of some of the most heated legal battles around the country. His latest: defending Uber Technologies Inc. and its view of how drivers fit into the “gig economy.”
A sham. A disaster. A disgrace. That’s how opponents describe the legal process for resolving disputes under the Trans-Pacific Partnership.
What to do when opposing counsel throws "a thousand pieces of mud on the wall"? Milbank's Sean Murphy countered by sticking to his core message in a 25-day bench trial, scoring a win for AXA Equitable Life Insurance Co. in a closely watched case with $550 million on the line.
Antitrust lawyers were hotter than a Washington, D.C. sidewalk this month, accounting for multiple high-profile moves. But it wasn't the only practice area in demand.
A pet sitting company sued a couple who gave the business a one-star review, seeking $1 million in damages for libel and for violating a non-disparagement clause. A Texas judge gets five stars for tossing the suit.
Remember the monkey selfie case? The one where a macaque named Naruto got a hold of a wildlife photographer’s camera and took a series of fabulous selfies, sparking an unlikely copyright fight? “On appeal, the crazy got crazier,” wrote a lawyer for photographer David Slater last week.
As the Hillary Clinton email scandal drags on--and on--how much blame can be laid at the feet of David Kendall, her longtime personal lawyer from Williams & Connolly?
For most litigators, a win at the U.S. Supreme Court is a career highlight. And so it was for Mayer Brown partner Michael Kimberly, who in December won a unanimous ruling that revived a lawsuit accusing Maryland officials of partisan gerrymandering. But Kimberly said that his latest win in the lower court after the justices sent the case back was actually more exciting.
“Regulating campaign speech is not easy. It’s not supposed to be. But treating elections for the courts just like elections for the political branches does not make sense either.” Wise words from the U.S. Court of Appeals for the Sixth Circuit, which on Wednesday issued a decision grappling with how judicial elections should be conducted
He’s baaack. Paul Ceglia, the man who insists that he rightfully owns 84 percent of Facebook--and whose ex-lawyers at DLA Piper and Milberg LLP got sued by the company for helping perpetuate his allegedly fraudulent claim--has resurfaced. Sort of.
What today's teens would say to a federal judge in Texas who blocked guidance by the Obama administration allowing transgender students to use bathrooms that match their gender identity rather than their biological sex.
A team of lawyers from McGuireWoods persuaded a federal jury in Detroit last week that Bank of America did not discriminate when it closed the account of an Arab-American charity.
Simpson Thacher & Bartlett partner Jeffrey E. Ostrow is chair of the firm’s IP practice, head of its Palo Alto office and a member of the executive committee. But once and for all: he does not represent disgraced American swimmer Ryan Lochte. If only media organizations would figure that out.
Defending a company accused of monopolizing an unusual but lucrative segment of the bovine industry in the heart of dairy country is no easy task--but Akin Gump's Kirt O'Neill delivered.
“A family tragedy” is what one juror called the insider trading case against ex-investment banker Sean Stewart, and that sounds about right. Either he’s got the worst father in the world, or Stewart knowingly tipped his dad about a series of health care mergers. It’s ugly no matter what.
From start to finish, the Justice Department’s prosecution of the late Alaska senator Ted Stevens for corruption was a shameful episode. Trying to pin the blame low-level lawyers only made it worse. That they've now been awarded legal fees underscores how badly DOJ mucked things up.
Product Liability Star Lori Cohen on Last-Minute Trials, Against-the-Odds Wins and Being Called ‘Honey’By Jenna Greene |
Greenberg Traurig partner Lori Cohen has racked up one of the most winning courtroom records around, going 57-1 before juries. She spoke with The Litigation Daily about her practice--the unique challenges of being a woman litigator, how to counter the emotional pull of sympathetic plaintiffs, how she’s built a close-knit team that’s essential to her success.
For Latham & Watkins, defending a Middle Eastern bank accused of stealing trade secrets from a plucky American entrepreneur could have been a tough sell to a federal jury in Orange County, California. How did firm lawyers come out on top?
Trial was only seven months away when Energy Labs Inc. brought in Kirkland & Ellis last fall to defend a patent suit by a rival air conditioning company. It was a bet-the-company case in a multi-billion dollar market--and the Kirkland team delivered.
To eager government lawyers, it may have sounded irresistible: a nonprofit that helps people with disabilities accused of discriminating against a former employee with a disability. Except that’s not how it turned out
In a presidential campaign with many lows, here is another: lawsuits as smear jobs. A new suit by Freedom Watch founder Larry Klayman against Hillary Clinton on behalf of the parents of two men killed in the Benghazi attack is unlikely to survive judicial review--but maybe that's not the point.
There are 90 days until the election, and transition planning is kicking into high gear. What might the Justice Department might look like under a Clinton or Trump administration? And who has the inside track for AG?
Most lawsuits don’t present American judges with the choice of whether to defer to a foreign court ruling. But that’s the unique situation that arose in a KBR Inc. subsidiary’s contract dispute with Mexico’s state-owned oil company, Pemex.
If you were Gonzalo Curiel, wouldn’t you have been tempted? After the U.S. District Court judge was maligned by Donald Trump, accused of being biased because his parents came from Mexico, Curiel kept silent--because that’s what judges do. On Tuesday, he had the chance for payback.
As the American Bar Association’s annual meeting gets underway in San Francisco on Thursday, Fenwick & West partner Laurence Pulgram will become the new head of its largest section--litigation. He talked about what's in store with The Lit Daily.
Securities, white collar defense and employment litigators are sizzling this summer. Here are The Lit Daily’s picks for 10 of the most notable lateral litigator moves in the past month.
To call the Federal Trade Commission a kangaroo court is an insult to kangaroos.
As the end of a six-week trial approached, Steptoe & Johnson LLP partner Reid Weingarten and LibbyHoopes partner Frank Libby had a decision to make: whether to put their clients on the stand. It turns out, their instincts were right.
In the annals of lawsuits over leaked celebrity videos, Jared Leto insulting Taylor Swift is pretty tame. But Leto's suit, pending in Los Angeles federal court, is one in a line of high-profile cases that raise provocative questions about the line between fair use, entertainment and privacy.
At first glance, the complaint looks like your average drunk driving negligence suit. Except defense contracting giant AECOM argues Afghan law should apply. Not the part about flogging the driver or women being unable to testify--just the part about no vicarious liability.
Morrison & Foerster partner Carl “Chip” Loewenson Jr. worked for more than a decade to free Richard Rosario, who was serving a 25-to-life sentence for murder. How the case played out is a template for effectively using publicity, though on a scale that most lawyers can only dream of.
How Joshua Rosenkranz guided Microsoft Corp. to victory in a case that raised largely untested questions about the reach of U.S. law enforcement in the age of cloud computing.
Working pro bono, Kirkland & Ellis lawyers won another round in a long and controversial fight involving the so-called parent-trigger movement, which gives parents the power to force change at failing public schools.
IP infringement comes in many guises: the start-up that doesn’t know better, the big company that doesn’t care. But the federal government? Et tu, Brute?
Whether her sexual harassment lawsuit goes to arbitration or is heard in open court, Gretchen Carlson in some ways has already won.
Herbalife's public response to potentially crippling litigation was impressive. Other businesses on the receiving end of government suits should take note.
Paul Reichler has been dubbed Mr. World Court for his dominance at the seat of public international law. But in the past week Mr. World Court became Mr. Arbitration. It was a great week for public health and maritime borders. And a terrible week for international bullies.
A lesson in how even one rogue employee can derail discovery--and by extension, a company’s entire defense.
Two hundred and ninety-four. That’s how many questions the former CEO of software maker Kony Inc. refused to answer during a deposition before walking out early, according to a motion for sanctions by opposing counsel, who called it “a stunning display of misconduct.”
Among law firm publicity ploys, this ranks as a lesser sin: a breathless press release announcing a “new” lawsuit. Except on closer inspection, it’s not actually new. It’s an amended complaint. Nice try, beleaguered law firm PR person. Here's what happened in a suit involving RV refrigerators that catch fire.
A massive new congressional report criticizes Eric Holder’s Justice Department for failing to prosecute HSBC in 2012 for money laundering. Bernie Sanders could credibly argue DOJ made the wrong call, but a bunch of Republicans in Congress? Really? Still, the report should be required reading for lawyers representing financial services providers before the feds.
Jeffrey Thomas knew how he had to set it up. After working for years on Hewlett-Packard’s breach of contract suit against Oracle Corp., his strategy was clear when the phase-two jury trial began this May, with $3 billion on the line.
By the time former Virginia governor Robert McDonnell was indicted on public corruption charges in January 2014, his lawyers at Jones Day already had their eye on the U.S. Supreme Court.
Many of June’s most notable lateral hires involved litigators exiting the Justice Department and the U.S. Attorney’s Office for the Southern District of New York. Other significant moves featured lawyers who specialize in being adverse to the government. Thanks, Uncle Sam.
When the foreman of the jury says “Not guilty,” that’s a defense win. When the judge dismisses a case on summary judgment, that’s a defense win. When your client agrees to a $14.7 billion settlement? For Sullivan & Cromwell and Volkswagen AG, yes, that’s a defense win too.
Imagine if every time a client hired you for advice, you had to file a publicly available report with the government revealing the engagement, what you did and how much you were being paid. Until a federal judge in Texas stepped in on Monday, this was about to become reality for labor lawyers retained by companies facing unionization drives.
Monday Mashup: The (Faint) Silver Lining in Immigration Reform; The Frack Master Gets Busted; A Judge Loses It In CourtBy Jenna Greene |
Putting the Supreme Court's immigration reform decision in context; plus the SEC goes after the "Frack Master" and his GC--a former Skadden lawyer. Also, the Kansas AG has his hands full and a Georgia judge goes way over the line.
It's hard to overstate how good Cristina Arguedas was last week during opening arguments in defense of FedEx Corp. Just four days later, prosecutors abruptly dropped the case at the end of the first week of a bench trial with $1.6 billion on the line.
After a week-long trial in Los Angeles federal court, litigators from Orrick, Herrington & Sutcliffe won a jury verdict in favor of homeopathic drug maker Boiron Inc. last week in a false advertising class action.
The American Constitution Society on Wednesday released an in-depth study of 10,000 state court judges with an unsurprising conclusion: most of them are white men. But there’s something surprising the report doesn’t tell you.
Leave it to lawyers from Quinn Emanuel to come up with a new way to litigate a decades-old grievance--and to use a statute that's synonymous with patent disputes in a totally unexpected way.
Four would-be class actions against Starbucks Corp. feel a lot like a shakedown-- the kind of complaints that someone’s cranky grandpa who grew up in the Great Depression and reuses old tinfoil might appreciate.
Monday Mash-Up: Robbins Geller’s $1.6B Settlement; Why Arnold & Porter is Cooler Than You; Whither SG Verrilli?By Jenna Greene |
Robbins Geller settles a long-running suit against HSBC for $1.575 billion; Arnold & Porter's piece of history; Where might Solicitor General Donald Verrillii land when he steps down Friday? Plus a Winston & Strawn partner wins acquittal for a dentist charged with murder.
Litigators of the Week: David Dahlquist of Winston & Strawn and J. Robert Robertson of Hogan LovellsBy Amanda Bronstad |
David Dahlquist and J. Robert Robertson handed the Federal Trade Commission a rare loss in a hospital merger case.
Kudos to New York Attorney General Eric Schneiderman for getting Law360 to back off using noncompete agreements for its workers.
When the U.S. Court of Appeals for the D.C. Circuit on Tuesday upheld net neutrality rules, it was the logical outcome of what feels like a huge miscalculation by Verizon Communications Inc. and hordes of industry supporters.
After the candlelight vigils and speeches, the calls for gun control and stronger surveillance, there is a final chapter in most mass shootings: the lawsuits.
Monday Mashup: The IP Lit Boutique With Sky-High Salaries; Online Dating Tips From the SEC; Gawker Goes BankruptBy Jenna Greene |
Who is IP litigation boutique Desmarais and why are they a new leader in the associate salary wars; Dating tips from the SEC; Gawker goes bust; a hot argument before the Third Circuit
When a Merck & Co. in-house attorney recanted his deposition testimony in a patent brawl over Hepatitis C medications, Fish & Richardson lawyers knew they had an opening. Jonathan Singer used it to get a $200 million verdict thrown out.
Ah, Maricopa County: Come for the triple-digit heat, stay for the civil rights violations.
Here's one good reason why we should elect our judges: it’s a way to get rid of Santa Clara County Superior Court Judge Aaron Persky.
Sumner Redstone’s longtime personal attorney George Abrams, a partner at Boston's Winer and Abrams, is suing his former client and his daughter Shari Redstone, alleging that she “manipulated her father to achieve her goals.” A look at the ugly fight over Redstone's $40 billion empire.
Donald Trump is never going to get a truly unbiased judge. He’s too well-known and too polarizing. What he actually wants is a judge who is biased in his favor--hardly a compelling ethical complaint. The whole thing is nothing but a smokescreen.
With $9 billion on the line, Google Inc. never lost faith in its lawyers at Keker & Van Nest.
Say you have a male truck driver and a female trainee on the road alone together for three or four weeks straight. Little wonder that trucking companies get hit with more than their share of sexual harassment suits. But is the EEOC making things better--or worse?
The songs may be old, but a team from Irell & Manella made some new copyright law this week, beating back a would-be class action against CBS Corp. and CBS Radio.
Los Angeles, New York and Washington, D.C., were hot markets for lateral litigators in May, with firms including Boies, Schiller & Flexner; Quinn Emanuel Urquhart & Sullivan; Morrison & Foerster; and Bracewell coming out on top. Here are The Lit Daily’s picks for the most notable litigator moves in May.
How to make your client hate you, in 10 easy steps.
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!"