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Michael Kimberly of Mayer Brown.

Litigator of the Week: Michael Kimberly of Mayer Brown

By Zoe Tillman |

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.

What Judges Can--And Can't--Do to Get Elected

By Jenna Greene |

“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

Paul Ceglia, exits federal court in New York, U.S., on Wednesday, Nov. 28, 2012 Photographer: Peter Foley/Bloomberg *** Local Caption ***. .

Facebook Fugitive Ceglia Resurfaces With a Fresh Batch of Conspiracy Theories

By Jenna Greene |

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.

Transgender bathroom sign.

The Kids Are Alright--It’s Adults Who Get Transgender Bathrooms Wrong

By Jenna Greene |

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.

McGuire Woods partner Jonathan Harmon.

Shout-Out: McGuireWoods Scores Jury Win for BofA in Arab Discrimination Suit

By Jenna Greene |

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.

Ryan Lochte at the Rio 2016 Summer Olympic Games (STAFF/USA Today Sports/Newscom).

This Simpson Thacher Partner Does Not Represent Ryan Lochte--So Quit Calling Him

By Jenna Greene |

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.

Kirt O'Neill, partner at Akin Gump.

Litigator of the Week: Kirt O’Neill of Akin Gump Strauss Hauer & Feld

By John Council |

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.

Former Perella Weinberg investment banker Sean Stewart exits the Manhattan federal court house in NY on July 27, 2016 (Brendan Mcdermid/REUTERS/Newscom).

Insider Trading Win: When Father Doesn’t Know Best

By Jenna Greene |

“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.

DOJ at Its Worst: The Ted Stevens Debacle

By Jenna Greene |

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.

Lori Cohen, Greenberg Traurig,

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.

Emirates NBD in Dubai, United Arab Emirates.

A Master at Work: Dissecting the Closing Argument in Latham’s Huge Win for Middle Eastern Bank

By Jenna Greene |

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?

Adam Alper and Mike DeVries of Kirkland & Ellis.

Litigators of the Week: Adam Alper and Michael De Vries of Kirkland & Ellis

By Scott Graham |

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.

When the EEOC Gets It Wrong

By Jenna Greene |

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

Former Secretary of State, and current presidential hopeful, Hillary Clinton testifies during a House hearing of the Select Committee on Benghazi, on Thursday, October 22, 2015.

Suit by Benghazi Victim Families Looks More Like a Political Smear Than a Viable Complaint

By Jenna Greene |

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.

Hillary Clinton, left, and Donald Trump, right.

What DOJ Might Look Like Under Clinton or Trump

By Jenna Greene |

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?

Paul Clement of Bancroft and Richard Marooney of King & Spalding (Diego M. Radzinschi/ALM, Handout).

Litigators of the Week: Richard Marooney Jr. of King & Spalding and Paul Clement of Bancroft PLLC

By Scott Flaherty |

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.

Judge Curiel Gives Trump More Justice Than He Deserves

By Jenna Greene |

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.

Laurence Pulgram.

Meet the New ABA Litigation Head: Fenwick’s Pulgram Has Big Plans for the Bar’s Biggest Section

By Jenna Greene |

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.

Lateral Report: Securities, Employment Litigators Bust a Move

By Jenna Greene |

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.

Michael Daugherty.

FTC's Home Court Advantage Painfully Evident in LabMD Decision

By Jenna Greene |

To call the Federal Trade Commission a kangaroo court is an insult to kangaroos.

L-R Fank Libby and Reid Weingarden

Litigators of the Week: Reid Weingarten of Steptoe & Johnson LLP and Frank Libby of LibbyHoopes

By Suzanne Monyak |

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.

Taylor Swift, left, and Jared Leto, right.

In TMZ Suit, Is 'F--- Taylor Swift' Fair Use? (And If So, What Has Our Society Come To?)

By Jenna Greene |

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.

Marmal Military Base in Afghanistan.

Defense Contractor Wants Afghan Law Applied to Suit in LA--Except for the Flogging Part

By Jenna Greene |

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.

Left to right: Richard Rosario and Carl Loewenson Jr.

How a MoFo Partner’s Pro Bono Murder Case Became Headline News--And His Client Went Free

By Jenna Greene |

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.

Joshua Rosenkranz of Orrick, Herrington & Sutcliffe. HANDOUT.

Litigator of the Week: E. Joshua Rosenkranz of Orrick, Herrington & Sutcliffe

By Scott Flaherty |

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.

Kirkland & Ellis partners Sasha Danna and Beth Weinstein (HANDOUT).

In Parent-Trigger School Fight, Kirkland Lawyers Get an A+

By Jenna Greene |

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.

Warship moored alongside a pier at the Port of Seattle.  Mount Rainier is in the distance.

When the Federal Government Steals Your IP

By Jenna Greene |

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?

Roger Ailes, left, and Gretchen Carlson, right.

Did Gretchen Carlson (And Paul Weiss) Set the Stage for Fox News Chief Roger Ailes to be Fired?

By Jenna Greene |

Whether her sexual harassment lawsuit goes to arbitration or is heard in open court, Gretchen Carlson in some ways has already won.

How Herbalife Spun Its $200M FTC Settlement as a Win--And Why It Worked

By Jenna Greene |

Herbalife's public response to potentially crippling litigation was impressive. Other businesses on the receiving end of government suits should take note.

Litigator of the Week: Paul Reichler of Foley Hoag

By Michael D. Goldhaber |

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.

PashaIgnatov/iStockphoto

Headset Maker Gets Whacked After Top Exec Deletes Thousands of Emails

By Jenna Greene |

A lesson in how even one rogue employee can derail discovery--and by extension, a company’s entire defense.

Sanctions Sought for ‘Truly Outrageous’ Deposition

By Jenna Greene |

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.”

Dueling Press Releases Over ‘New’ Lawsuit

By Jenna Greene |

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.

Yes, Banks Can Be Too Big to Jail. Get Over It

By Jenna Greene |

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.

Jeff Thomas of Gibson, Dunn & Crutcher LLP (HANDOUT).

Litigator of the Week: Jeffrey Thomas of Gibson, Dunn & Crutcher

By Ben Hancock |

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.

Hank Asbill & Noel Francisco of Jones Day (Asbill: Courtesy photo. Francisco: Diego M. Radzinschi / NLJ).

Litigators of the Week: Henry Asbill and Noel Francisco of Jones Day

By Zoe Tillman |

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.

A Note to Lit Daily Readers

By Jenna Greene |

June Laterals: Firms Snap Up Ex-Government and White Collar Litigators

By Jenna Greene |

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.

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

For Sullivan & Cromwell and VW, a $14.7B Settlement Counts as a Win

By Jenna Greene |

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.

Jeffrey Londa, a partner at Ogletree Deakins (HANDOUT).

Labor Lawyers Dodge a Bullet

By Jenna Greene |

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.

Pro-immigration demonstrators rally outside the Supreme Court on Monday, April 18.

Monday Mashup: The (Faint) Silver Lining in Immigration Reform; The Frack Master Gets Busted; A Judge Loses It In Court

By 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.

Cris Arguedas.

Litigator of the Week: Cristina Arguedas of Arguedas, Cassman & Headley

By Ross Todd |

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.

Christina Sarchio.

Shout-Out: Orrick Scores Jury Win for Homeopathic Flu Remedy Maker

By Jenna Greene |

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.

Not Enough Minority and Women Judges? Depends on How You Measure

By Jenna Greene |

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.

An ITC Fight Like You’ve Never Seen Before

By Jenna Greene |

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.

monticelllo/iStockphoto

For Starbucks, a Venti-Size Problem as Class Actions Multiply

By Jenna Greene |

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.

David Dahlquist at Winston & Strawn and Robby Robertson at Hogan Lovells (HANDOUTS).

Litigators of the Week: David Dahlquist of Winston & Strawn and J. Robert Robertson of Hogan Lovells

By Amanda Bronstad |

David Dahlquist and J. Robert Robertson handed the Federal Trade Commission a rare loss in a hospital merger case.

kencor04/iStockphoto

Score One For Reporters: In Settlement With NY AG, Law360 Quits Noncompetes

By Jenna Greene |

Kudos to New York Attorney General Eric Schneiderman for getting Law360 to back off using noncompete agreements for its workers.

Verizon’s Big Net Neutrality Miscalculation

By Jenna Greene |

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.

Friends and family members embrace outside the Orlando Police Headquarters during the investigation of the shooting at the Pulse night club (Steve Nesius/REUTERS/Newscom).

First the Massacre, Then the Lawsuits

By Jenna Greene |

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.

Valeriy Kachaev/iStockphoto

Monday Mashup: The IP Lit Boutique With Sky-High Salaries; Online Dating Tips From the SEC; Gawker Goes Bankrupt

By 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

Jonathan Singer, Fish & Richardson.

Litigator of the Week: Jonathan Singer of Fish & Richardson

By Scott Graham |

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.

People wait to vote in the U.S. presidential primary election at a polling site in Arizona (Nancy Wiechec/Reuters/Newscom)

This is Why Gutting the Voting Rights Act Was a Bad Idea

By Jenna Greene |

Ah, Maricopa County: Come for the triple-digit heat, stay for the civil rights violations.

Brock Turner, Jan. 2015 mugshot (Photo: Santa Clara County Sheriff's Office).

Stanford Rape Judge Is Why We Need Judicial Elections

By Jenna Greene |

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 (Fred Prouser/Reuters/Newscom)

He Was Sumner Redstone’s Lawyer for 50 Years--Now He’s Suing Him

By Jenna Greene |

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.

For Trump, No Such Thing as an Unbiased Judge

By Jenna Greene |

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.

Robert Van Nest and Christa Anderson of Keker & Van Nest (HANDOUT).

Litigators of the Week: Robert Van Nest and Christa Anderson of Keker & Van Nest

By Scott Flaherty |

With $9 billion on the line, Google Inc. never lost faith in its lawyers at Keker & Van Nest.

Mike Clarke/iStockphoto

In EEOC Suit, No Good Deed Goes Unpunished

By Jenna Greene |

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?

Shout-Out: Irell Beats Golden Oldies Copyright Class

By Jenna Greene |

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.

Lateral Litigators: May’s Most Impressive Moves

By Jenna Greene |

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.

Brasil2/iStockphoto

How to Lose a Client in 10 Days

By Jenna Greene |

How to make your client hate you, in 10 easy steps.

Kannon Shanmugam, left, and Joshua Rosenkranz.

Litigators of the Week: Kannon Shanmugam of Williams & Connolly and Joshua Rosenkranz of Orrick

By Scott Flaherty |

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.

Hulk Hogan.

Why Hulk Hogan’s $140M Verdict Won’t Last on Appeal

By Jenna Greene |

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.

Children play on a field next to the abandoned former Union Carbide pesticide plant in Bhopal (Danish Siddiqui/Reuters/Newscom).

Bhopal Disaster Plaintiffs Strike Out Again

By Scott Flaherty |

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.

Supreme Court Nominee Judge Sonia Sotomayor during the third day of her confirmation hearings. July 15, 2009. Photo by Diego M. Radzinschi/NATIONAL LAW JOURNAL.

That’s Amica Curiae, Thank You Very Much

By Jenna Greene |

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."

Tomwang112/iStockphoto

Parents Say Bullying Led Girl to Commit Suicide, But Is School Liable?

By Jenna Greene |

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.

Darren Robbins, partner at San Diego’s Robbins Geller Rudman & Dowd. HANDOUT.

Plaintiffs Giant Darren Robbins on Scorched Earth, Worthy Opponents and What’s Next in Complex Litigation

By 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.

Gary Naftalis of Kramer Levin

Litigator of the Week: Gary Naftalis of Kramer Levin Naftalis & Frankel

By Scott Flaherty |

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?

Izabela Habur/iStockphoto

In Lopsided Hearing, Arbitration Backers Still Fall Short

By Jenna Greene |

Just because you say it benefits the little guy to ban class actions in favor of arbitration doesn't make it true.

Republican presidential candidate Sen. Ted Cruz campaigns at the Antique Auto Museum. (Ed Hille/TNS/Newscom)

When a Campaign Theme Song Becomes a Copyright Nightmare

By Jenna Greene |

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.

Yuri_Arcurs/iStockphoto

Report: Huge Spike in ‘Family Responsibilities’ Discrimination Suits

By Jenna Greene |

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.

Spokeo offices (HANDOUT)

Supreme Court Lets Spokeo Off the Hook--But Was It the Right Call?

By Jenna Greene |

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.

Why Big Law Should Fear the $350M Sex Bias Suit Against KPMG

By Jenna Greene |

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.

Robert Smit, left, and Lynn Neuner, right.

Simpson Thacher on a Roll With Win for Weight Watchers

By Jenna Greene |

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.

Craig Varnen.

Shout-Out: Irell Locks Up Win for Public Storage

By Jenna Greene |

A team from Irell & Manella scored a win for Public Storage in a rare merger litigation case to go to trial in California.

Litigator of the Week: Tariq Mundiya of Willkie Farr & Gallagher

By Scott Flaherty |

A pair of board-friendly wins for Mundiya in New York and Delaware makes it tougher for shareholders challenging going-private transactions.

Shout-Out: Latham’s Hat Trick

By Jenna Greene |

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.

Corrine Irish.

Reporters Arrested in Ferguson Settle Claims With Pro Bono Help From Squire Patton Boggs

By Jenna Greene |

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.

I’ll Take Law Firms for $800

By Jenna Greene |

It was like winning the PR lottery: 15 seconds of unexpected fame for law firms featured on the TV game show "Jeopardy!"

A Smooth Landing for Air Cargo Suit

By Jenna Greene |

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.

Election materials from candidates for Marin County, California Superior Court judge.

This Is No Way to Pick a Judge

By Jenna Greene |

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.

Roger Warin from Steptoe & Johnson LLP; F. Joseph Warin from Gibson, Dunn & Crutcher and Edward Warin from Kutak Rock with their mother, Mary Warin

The Fabulous Warin Brothers: Three Litigators Remember Their Mother

By Jenna Greene |

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.

George Cary

Litigator of the Week: George Cary of Cleary Gottlieb

By Scott Flaherty |

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.

Letter: In Defense of the Vaccine Court

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.

When Law Firm Puffery Crosses the Line

By Jenna Greene |

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.

Skadden partners Thomas Nolan and Robert Fumerton

On Cross, a ‘Gotcha’ for Skadden Litigator in $2.1B Mortgage Suit

By Jenna Greene |

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.

April: Lateral Litigator Winners and Losers

By Jenna Greene |

A look at some of the most notable lateral litigator moves in April.

Donald Trump

Anonymous Stink Bomb of a Suit Against Trump a New Low

By Jenna Greene |

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.

Letter to the Editor: In Defense of Arbitration

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.

Gibson, Dunn & Crutcher partner Thomas Dupree Jr. (HANDOUT)

Gibson Dunn Derails Amtrak Statute

By Jenna Greene |

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.

Shannon Liss-Riordan

Litigator of the Week: Shannon Liss-Riordan of Lichten & Liss-Riordan

By Scott Flaherty |

She’s been labeled a scourge of the sharing economy and a protector of its workers. Either way, Liss-Riordan isn’t going away.

Robert Bennett of Hogan Lovells. June 2, 2008. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Will the Feds Fall Flat in Fraud Case Against Doctor--and His Superstar Lawyer?

By Jenna Greene |

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?

FluMis Vaccine Credit: Olivier Douliery/MCT/Newscom

Flu Mist Caused This Boy's Liver to Fail, But It's No Ordinary Tort Case

By Jenna Greene |

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.

Report: Who Won (and Lost) the Most Big-Ticket Trials in 2015

By Jenna Greene |

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.

27 December 2015: New England Patriots quarterback Tom Brady (12) looks to pass during the NFL game between the New England Patriots and the New York Jets played at MetLife Stadium in East Rutherford, NJ. Photo by Gavin Baker/Icon Sportswire/Newscom

Brady ‘Deflategate’ Decision Shows the Problem With Arbitration

By Jenna Greene |

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.

Eddie Bolden takes his first steps as a free man outside the Cook County Jail, after his release from prison on Tuesday, April 19, 2016, in Chicago. A Cook County judge threw out the murder convictions of the long-time inmate, and prosecutors declined to retry him. 
CREDIT: Erin Hooley/TNS/Newscom

Beyond The Am Law 100: A Reminder of Why There’s More to Practicing Law

By Jenna Greene |

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.

Rick Richmond

Litigator of the Week: Rick Richmond of Jenner & Block

By Scott Flaherty |

Richmond's $940 million jury verdict for Epic System is one of the largest ever in a trade secrets case.

law student Kellie Ann Kulka and Squire Patton Boggs senior associate Colter Paulson (HANDOUT)

How This 3L Won a Precedent-Setting Sixth Circuit Case

By Jenna Greene |

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.

Credit Image: © Alexei Pavlishak/TASS/ZUMA Wire

The Hardest, Least Lucrative (But Potentially Most Important) Job Discrimination Suits

By Jenna Greene |

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.