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.
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.
A pro bono team from Hogan Lovells working with lawyers from Relman, Dane & Colfa won a $24 million settlement in a long-running racial discrimination class action on behalf of more than 100 current and former African-American Secret Service agents.
When a man from the Office of the White House Counsel called Nancy Hollander to tell her President Barack Obama had decided to commute her client Chelsea Manning’s 35-year prison sentence, Hollander, a 38-year veteran criminal defense lawyer failed in one respect.
It’s January. That means it’s time for the first round of litigation trend forecasts from law firms and other industry players. What kinds of litigation do experts think will be hot?
The best litigators tell stories. Two masters are at work this week spinning opposite tales in a Dallas federal courthouse in a huge intellectual property fight over virtual reality technology that could revolutionize the $90 billion video game industry.
Dallas federal judge Ed Kinkeade is not what you’d call a big computer guy. Some of his exchanges with the attorneys in the Oculus trial are are laugh-out-loud funny, as he wrestles to understand the technology and keep the lawyers in line.
Litigators from Skadden, Arps, Slate, Meagher & Flom scored two separate wins for two Asia-based issuers in two days, knocking out securities class actions in the Central District of California and the Southern District of New York.
In a case with billions of dollars at stake, McDermott Will & Emery partners William G. Gaede III and Sarah C. Columbia won a rare post-trial ruling for Amgen Inc. that booted a rival’s drug from the market.
You can judge a man by the quality of his friends, the old saying goes. But what about the quality of his enemies? Day Two of Senator Jeff Sessions’ confirmation hearing gave us the chance to do both.
There are apex depositions--and then there’s the president-elect of the United States. Steptoe & Johnson LLP partner Brigida Benitez deposed Donald Trump last week in connection with his lawsuit against chef José Andrés. In a way, it was perfect that the lawyer holding Trump’s feet to the fire is a Latina woman--the daughter of immigrants and the first member of her family to go to college.
Post-truth. It’s not just for politics anymore. Consider how Quincy Bioscience countered a suit filed against it on Monday by the Federal Trade Commission and New York Attorney General Eric Schneiderman.
After 14 years and two trips to the U.S. Supreme Court, Boies, Schiler & Flexner partners David Boies and Carl Goldfarb secured a $100 million settlement from Halliburton.
Sorry Charlie. A San Diego federal judge allowed a massive MDL alleging that StarKist, Bumble Bee and Chicken of the Sea conspired to fix the price of canned tuna to move forward.
You’re swamped with deadlines, you’re constantly traveling, you’re dealing with obnoxious opposing counsel or a cranky judge. Wouldn’t it be great to be a law professor instead, pondering the majesty of the law and enlightening eager students? Here’s the story of one big-time litigator who made the move--and then came back.
It’s easy to forget how intensely personal and stressful litigation can be--until the consequences of a loss become overwhelming. Now, a San Diego lawyer is grappling with the suicide of his client after losing a high-profile gay civil rights case in December.
A look back at the Litigator of the Week winners in 2016, including the firms and lawyers that racked up the most honors.
Consumer protection lawsuits, while sometimes heroic, can also be uniquely dumb. Which is why suits targeting Starbucks, Krispy Kreme and Advil top my list of the year’s most ridiculous lawsuits. A close second: negligence suits where people try to blame anyone but themselves for terrible events.
Not all lateral moves are created equal. A select few reshape the competitive landscape, changing who clients hire and why. Here’s a look back at some of them in 2016.
In the end, it was the case that wasn’t. Jane Doe/ “Katie Johnson” accused Donald Trump of raping her when she was 13. The allegations were brutal, explosive--and unsubstantiated.
Litigator of the Week: The Biggest Patent Verdict in U.S. History--By a Lawyer Who Never Tried an IP Case BeforeBy Gina Passarella |
Don't hate her -- but Jones Day partner Stephanie Parker had never tried an IP case before she convinced a jury to award her client, a Merck subsidiary, $2.54 billion in a patent infringement suit against Gilead Sciences.
Serena Nunn went from federal prison inmate to the University of Michigan Law School to Georgia public defender. The final chapter in her extraordinary journey: a pardon from President Obama--with help from Quinn Emanuel partner Sam Sheldon.
Top plaintiffs lawyers share how they see themselves, how their work has changed and their biggest concerns for the future.
Facing a $335 million damages demand from networking giant Cisco Systems Inc., Robert Van Nest and his team at Keker & Van Nest mounted a multi-pronged defense for Arista Networks Inc.
You don’t have to be an ethics expert to see that the Trump International Hotel’s lease with the federal government presents a conflict of interest for the president-elect. The question is, what is the General Services Administration going to do about it?
A pair of top litigators from Kirkland & Ellis struck back on behalf of the ex-girlfriend of media mogul Sumner Redstone in a court filing that veers from romantic to lewd to vaguely threatening. It’s a quite a read--and a reminder that while corporate litigation can be fierce, it’s nothing compared to the blood sport that is family law.
Two companies. Two outbreaks of salmonella-tainted peanut butter. And two very different outcomes.
Hold on. You can’t even get a smartphone without a credit check. How did two of the biggest, most sophisticated law firms in the nation do $800,000 worth of work without ensuring that they were actually going to get paid? Blame “a very convincing fraudster,” said Thomas Buchanan, the managing partner and head of litigation for Winston & Strawn’s D.C. office.
For almost 10 years, Paul, Weiss, Rifkind, Wharton & Garrison partner Bob Atkins has represented medical supply company BD in an antitrust suit over syringes. The case blew up in 2013 into a $340 million jury verdict. But Atkins' strategy from day one was to build a record for the U.S. Court of Appeals for the Fifth Circuit. It paid off.
Time for a favorite post-election parlor game: What might we expect from the Trump administration’s Justice Department? In recent off-the-record conversations, former DOJ lawyers shared some insights. Their takeaway: the changes may not be so drastic after all
In a year where emails and mishandling of classified information have loomed so large, this case stands as an example of misapplied justice.
When 23 of the top litigators in the country offer advice on how to succeed in court, it’s worth listening.
Forgery. Perjury. Willful destruction of evidence. Litigators might sometimes suspect the other side of such shenanigans, but rarely do you get an unequivocal win as a result. On Friday, a team from Gibson, Dunn & Crutcher pulled it off, arguing successfully that a key plaintiffs’ document in a $12 billion fight was fake.
November is a great month for eating turkey and hunkering down until the end of the year. Still, there were a handful big lateral litigator moves. Here are some of the most notable, at firms including Perkins Coie, WilmerHale and Sheppard Mullin.
Geoffrey Potter and his team in the anti-counterfeiting practice at Patterson Belknap Webb & Tyler helped Living Essentials go after a criminal ring producing fake bottles of the popular 5-Hour Energy drink.
The recounts in Wisconsin, Pennsylvania and Michigan won’t change the election results--we all know that, right? But they need to happen anyway.
Daniel Petrocelli convinced President-elect Donald Trump to settle the Trump University litigation despite his client’s insistence on going to trial on Nov. 28. And he did it while settling another high profile case that same week on behalf of Sirius XM Radio Inc.
I’d like to think that the food that I buy for my two dogs won’t actually kill them. A decision by a San Francisco federal judge to toss a would-be class action against Purina is reassuring--but leaves some questions unanswered.
When the U.S. International Trade Commission waded into a legal issue it hadn’t touched in almost 40 years--how to handle allegations of price-fixing--a Covington & Burling team rose to the challenge.
Hausfeld on Wednesday launched what is likely to be a massive fight, suing nine companies including energy giant Exelon Corp. over radioactive contamination stemming from the Manhattan Project.
News flash: doughnuts are not a health food. Which is why it’s hard to sympathize with Jason Saidian, who filed a $5 million class action lawsuit against Krispy Kreme Doughnuts in Los Angeles federal court last week.
Might Stephen Bannon be a moderating influence on the president-elect in favor of First Amendment protection? After all, Breitbart has talked the talk when sued for libel. But the publication's threat on Tuesday to sue a major media company for labeling it “white nationalist” is not an encouraging sign.
Sorry Mike Pence--turnabout is fair play. You can’t spend weeks demanding that Hillary Clinton bare all of her emails and then think it’s A-OK to claim your communications as governor of Indiana should be shielded from disclosure.
The Trump University fraud case is headed to trial on Nov. 28 --but how to pick a jury? We've got some ideas for what to ask prospective jurors.
Duane Morris attorney Matthew A. Taylor doesn’t believe that lawyers win cases. For him, it all comes down to the experts. That’s why, when faced with defending a medical device maker in a notoriously plaintiff-friendly venue, he wasn't worried.
With Republicans in control of the White House and Congress and poised to pick the tie-breaking ninth Supreme Court justice, the plaintiffs bar is now one of the few checks on government power. Scary, I know.
Now that the election is over, President Obama should do us all a favor and fire FBI Director James Comey. Not just because Comey recklessly disclosed the renewed investigation into Hillary Clinton’s emails. He has to go because he can no longer effectively lead the bureau and law enforcement community.
If post-election litigation erupts, both sides have lawyers at the ready in key battleground states.
Litigator of the Week: An Unexpected Win for Peter Thiel’s Palantir Could Change How the Feds Do BusinessBy Ben Hancock |
Boies, Schiller & Flexner partner Hamish Hume built a case around an untested 1994 law requiring government agencies to consider commercial products first to bring home a win for Palantir.
For a second there, it seemed liked the Trump child rape suit was going to get real. Nationally known plaintiffs attorney Lisa Bloom sent out a press release Wednesday morning announcing that the anonymous woman who accused Donald Trump of raping her when she was 13 was going to go public. It didn't happen.
Here are The Lit Daily's top picks for the biggest lateral litigator moves this month.
If James Comey just handed Donald Trump the presidency over what turns out to be a bunch of ads from Pottery Barn and Linked In requests, I’m going to take to the bathtub with a bottle of gin for the next four years.
Simpson Thacher & Bartlett is a guest star in the trove of Wikileaks emails involving the Clinton Foundation--a rare, unfiltered look at attorney-client correspondence that includes billing details, nitpicky rewrites and attempts to manage perception. But the biggest takeaway is that the firm identified potential pay-to-play conflict of interest issues--real or perceived--that have become a significant campaign liability for Hillary Clinton.
It’s a truism that litigation is a zero sum game--there’s a winner and a loser. But not this week. For the first time that we can remember, the Litigation Daily is naming opposing counsel as our co-litigators of the week, a historic honor that goes to Robert Giuffra Jr. of Sullivan & Cromwell and Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein.
A team from Jenner & Block delivered an appellate win worth millions to its record label clients in a long-running copyright infringement suit against a pair of online music websites.
Seven years ago today, Michael Weston died in a helicopter crash in Afghanistan. A 37-year-old Harvard Law graduate, he had joined the Drug Enforcement Administration as a special agent. Five months before, he’d married a fellow member of the Harvard Law class of 1997, Cynthia Tidler. Whose first husband, Weston's best friend, was also from the class of '97 - and who also died in Afghanistan.
Here’s a rule of thumb: if you’re going to marry someone, do your own due diligence about his or her sexual preferences. Don’t expect a heads-up from their employer.
If Donald Trump follows through with his threat on Saturday to sue all 11 women who have accused him of groping, he’ll find opposing counsel spoiling for a fight. All I can say is, pass the popcorn.
It’s hard to defend any judge who thinks 60 days in jail is an appropriate punishment for a father who raped his 12-year-old daughter. Still, there’s something ominous about what seems to be a new pattern: a judge issues a lenient but legal sentence, and the mob descends.
Albert Deaver earned his J.D. from South Texas College of Law in Houston--but that hasn’t stopped him from leading the charge in a trademark suit against his alma mater when it sought to rebrand itself the Houston College of Law.
Latham & Watkins on Tuesday dodged a motion to disqualify in a nasty spat in the Eastern District of Missouri. Although Senior U.S. District Judge E. Richard Webber squarely sided with Latham, he admonished both sides to behave themselves.
They say there are no stupid questions. But that’s definitely not true when it comes to lawsuits. On Tuesday, a federal judge in New York dismissed one of the dumber ones of late, booting a would-be class action against Advil maker Pfizer Inc.
It's hard to imagine a federal agency that would be less in sync with the priorities of a Trump administration than the U.S. Equal Employment Opportunity Commission.
Sullivan & Cromwell’s Sharon Nelles on VW, Opposing Counsel and Taking Work-Life Balance ‘One Day at a Time'By Jenna Greene |
Sullivan & Cromwell star litigator Sharon Nelles spoke with the Lit Daily about her work on the $14.7 billion VW settlement, the key to effective negotiation and how she’s managed her work/ life balance at Sullivan & Cromwell, where she's a member of the executive committee.
The latest Apple v. Samsung appeal reminds William Lee of a Disneyland adventure. "This had more twists and turns than Mr. Toad's Wild Ride,” the Wilmer Cutler Pickering Hale and Dorr partner says.
In some ways, the U.S. Court of Appeals for the D.C. Circuit handed the Consumer Financial Protection Bureau a win on Tuesday when it found the agency’s structure was unconstitutional. Look past the red meat rhetoric about 'massive unchecked power' and focus on the remedy.
“I view myself as a lawyer who happens to be a woman,” said Angela Agrusa, the head of litigation at Liner LLP in Los Angeles, who recently stepped in as lead counsel for Bill Cosby in both his civil and criminal cases. “What I really believe in is our justice system.”
Three must be the right number for Caldwell, Cassady and Curry. The trio just won a third time for VirnetX against Apple, securing a $302 million jury verdict in the Eastern District of Texas.
Harris Faulkner is a perfectly fine name for a Fox News anchor--but it's a terrible choice for a hamster toy. Hasbro Inc. found out the hard way.
September saw more than its share of big-time lateral moves. Here are the top 10.
Cravath, Swaine & Moore Chairman Evan Chesler won vindication for American Express before the U.S. Court of Appeals for the Second Circuit--and handed the U.S. Department of Justice a major loss.
You’ve got to wonder how many members of Congress who voted on Wednesday to override President Obama’s veto of a bill allowing the families of 9/11 victims to sue Saudi Arabia actually think it’s a good idea. Because it's not.
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.