Top Stories

The Posner Effect (With Help from Kirkland & Ellis)

By Jenna Greene |

When Judge Richard Posner in September abruptly retired from the U.S. Court of Appeals for the Seventh Circuit, he levelled pointed criticism at his colleagues on the bench for failing to do enough to help pro se litigants. On Tuesday, his fellow Seventh Circuit judges offered something of a response.

Woman putting eye drops in her eye.

Psst … Want to Buy Some Sovereign Immunity?

By Jenna Greene |

Facing a high-stakes patent validity proceeding at the U.S. Patent and Trademark Office, pharmaceutical giant Allergan assigned the IP rights being challenged to the Saint Regis Mohawk Tribe. Because hey—sovereign immunity!

The Wolf of Wall Street.  Credit: Paramount Pictures.

‘Wolf of Wall Street’ Lawyer’s Libel Case Is Just Making Things Worse

By Jenna Greene |

You’d like to think a lawyer would recognize when filing a lawsuit is not just ill-advised, but might actually make things worse. Or not. Case in point: Attorney Andrew Greene’s libel suit against Paramount Pictures.

The death toll rose to 33 on Friday, also destroying over 5,700 structures in the multi raging collection of Northern California wildfires.

PG&E Looks to Quinn Emanuel’s Kathleen Sullivan to Hold the Line

By Jenna Greene |

My parents’ house in my hometown of Santa Rosa, California was saved on Wednesday by a firebreak. In some ways, Quinn Emanuel Urquhart & Sullivan name partner Kathleen Sullivan has been tasked with an analogous role for Pacific Gas & Electric in fire-related lawsuits: that is, to stop a potential conflagration (at least on one front) in its tracks.

David Buchanan, left, and Troy Rafferty, right.

Litigators of the Week: How Teamwork Allowed Plaintiffs’ Lawyers to Pull Off a Nearly $300M AndroGel Double Header

By Max Mitchell |

“It definitely adds pressure to the situation when you achieve a home run your first time at the plate,” Seeger Weiss partner David Buchanan told The Litigation Daily of his win over a team from Paul Weiss and Dechert.

AndroGel

Jury Hits AbbVie With $140M Verdict—But Ultimate Liability for 6,000 Cases is Far From Clear

By Jenna Greene |

Bellwether trials seem like such a sensible idea: let’s put a few cases in front of a jury and use the results to settle the rest. Except sometimes bellwethers just make everything more confusing. The latest example: AndroGel.

Bedbug fear.

Wait, What? Jury Awards $546K to Hotel Guests Bitten by Bed Bugs

By Jenna Greene |

A jury in San Bernardino County, California just awarded a family a record $546,000 for being bitten by bed bugs during a one-night stay at a Hilton Garden Inn. No medical bills. No property damage. Just emotional distress from the bug bites plus $50,000 in punitive damages. Say what?

Andrew J. Rossman, partner with Quinn Emanuel.

Litigator of the Week: A $1.74B Payout in a Monster of a Case

By Colby Hamilton |

They called it “a tale of two Citis.” Representing Lehman Brothers and its creditors committee, Quinn Emanuel Urquhart & Sullivan partner Andrew Rossman led a team in securing a $1.74 billion settlement from Citigroup on Sept. 29

Douglas Tompkins with his wife Kris Tompkins.

North Face Founder’s Daughter Loses Suit Seeking Money From His Estate

By Jenna Greene |

Six months after North Face founder Doug Tompkins died, his daughter Summer Tompkins Walker quietly filed a “forced heirship” suit in Los Angeles Superior Court seeking a share of her father’s assets—litigation that has not previously been reported.

James C. Ho.

How the Largest FCA Judgment in History Fell Apart (Hint: Gibson Dunn)

By Jenna Greene |

In a sweet win for lead counsel James Ho, a partner at Gibson, Dunn & Crutcher who was nominated last week by President Donald Trump for a seat on the Fifth Circuit, highway guardrail maker Trinity Industries dodged a $682 million bullet. What happened?

K&L Gates partner Carolyn Branthoover.

In Marketing Its ‘Trial Jocks,’ K&L Gates Takes a New Approach

By Jenna Greene |

Don’t you hate it when you slog away through motions and discovery for months or years, only to get bumped when the client realizes (holy crap!) that this thing is going to trial? Conversely, don’t you love it when you’re the one who gets the call to parachute in? Both sentiments animate a new marketing initiative by K&L Gates that the firm has dubbed “The Trial Academy.”

Tainted-Drugs-Vial-and-Syringe

Shout-Out: Three Legal Giants Crush a Russian Drug Co’s Antitrust Suit

By Jenna Greene |

In no uncertain terms, a federal judge in Manhattan dismissed with prejudice an antitrust suit by a Russian drugmaker who accused three rivals of an elaborate conspiracy to keep its biosimilar cancer drugs out of the U.S. market. It was a thorough win for a dream team of lawyers from Latham & Watkins; Davis Polk & Wardwell and Gibson, Dunn & Crutcher.

Lateral Report: Back to Work for a Slew of Star Litigators

By Jenna Greene |

A slew of big-time litigators or groups made lateral moves this month, shifting the competitive landscape in practices ranging from aviation to antitrust to entertainment. Among the winners: Kirkland & Ellis; Jones Day; Hogan Lovells and DLA Piper.

Randy Mastro

Who Needs Prep Time? This Litigator of the Week Stepped In Last Minute for Huge Win Against SEC

By Jenna Greene |

When Randy Mastro met Lynn Tilton, the "Diva of Distressed" was facing the biggest SEC administrative case of all time--and her trial date was six weeks away. Mastro and his team from Gibson, Dunn & Crutcher defied the odds to win complete vindication.

Words of Wisdom from Master Litigators

By Jenna Greene |

Authenticity. That more than any other quality was flagged as a key to success by 22 litigators showcased in the National Law Journal’s annual “Winning” special report published on Wednesday. What other advice did they have?

Michael Bowe, partner with Kasowitz Benson Torres.

Shout-Out: A Happy Ending for Kasowitz and Its Bollywood Client

By Jenna Greene |

A team of litigators from Kasowitz Benson Torres led by partner Michael Bowe scored a decisive win on behalf of a major Bollywood production company, winning dismissal of a consolidated securities class action.

U.S. Attorney General Jeff Sessions

Jeff Sessions Just Proved Irony is Dead (But Hypocrisy Is Alive and Well, Thank You Very Much)

By Jenna Greene |

Count irony as one of the (many) casualties of the Trump administration. How else to explain the oh-so-earnest speech Attorney General Jeff Sessions gave Tuesday at Georgetown Law School on “The Importance of Free Speech”?

Ex-Quinn Emanuel Litigators Take on Their Old Firm—and Win an Early Round

By Jenna Greene |

In the latest flare-up of a fierce trade secrets fight pitting Quinn Emanuel Urquhart & Sullivan against a new boutique formed by firm alumni, a federal judge in Los Angeles handed an early victory to the upstarts at Pierce Sergenian.

Richard Simmons.

Legal Fee Shocker: Richard Simmons Must Pay Tabloid That Wrongly Reported He's Transgender

By Jenna Greene |

Just as courts over time have found that it’s no longer defamatory per se to say a person was born out of wedlock or has cancer, or to incorrectly report someone’s race, so too Los Angeles Superior Court Judge Gregory Keosian determined that “misidentification of a person as transgender is not actionable defamation absent special damages.”

Michael Tomaino, left, and Thomas White, right.

Shout-Out: Sullivan & Cromwell Scores Big in Barclays Securities Class Action

By Jenna Greene |

After more than eight years of litigation, a Sullivan & Cromwell team led by partners Michael Tomaino and Thomas White prevailed on behalf of Barclays Bank, winning summary judgment in a massive securities class action.

Left to right: Josephy Warin and Jason Mendro, Gibson, Dunn & Crutcher

Litigators of the Week: The Gibson Dunn Duo Who Destroyed the OPM Data Breach MDL

By Cogan Schneier |

As an enormous data breach at Equifax sends shockwaves around the country, two partners at Gibson Dunn & Crutcher scored the dismissal of a class action over another massive data breach this week.

Talk About Painful: The 30-Year War Between Tylenol and Advil

By Jenna Greene |

"Small nations have fought for their very survival with less resources and resourcefulness than these antagonists." That’s what U.S. District Judge William Conner in Manhattan wrote in 1987 about the false advertising battle between the makers of Tylenol and Advil. Connor died in 2009. But the fight goes on. And on. Like a pounding, 30-year migraine.

Will Your Case Go to Trial? This Computer Program Might Know the Answer

By Jenna Greene |

Wondering whether a given lawsuit will go to trial? SettlementAnalytics unveiled a new tool to predict the likelihood. But some Big Law litigators are skeptical that all the intangibles that determine the course of litigation can be factored in.

No Jerks Allowed: Who Made the Grade for 2017 American College of Trial Lawyers

By Jenna Greene |

Litigation can be a nasty business—but the very best lawyers are those who can win cases without being jerks. That’s the central premise of the American College of Trial Lawyers, which just inducted its newest members.

Paxil.

In Reed Smith Partner Suicide Suit, What Big Law Expert Would Have Said

By Jenna Greene |

“GSK was prejudiced by not being allowed to present this evidence to the jury to show that Mr. Dolin committed suicide because of his underlying anxiety and depression, which was heavily influenced by the stress and pressure he felt at work," company lawyers argued. Here's a look at what their expert would have said.

Jenner & Block partner Susan Kohlmann.

Litigator of the Week: A Win in the Steinbeck Feud

By Ben Hancock |

You might call it a literary success. Susan Kohlmann, managing partner of Jenner & Block’s New York office, secured a shutout win for the stepdaughter of John Steinbeck in the latest installment of a long-running legal feud over book rights that has divided the late author’s progeny.

When Your Expert Witness Costs You a $54M Verdict (But Really, Blame the Judge)

By Jenna Greene |

Expert witnesses can make a case—or they can wreck it. Or both. Take the testimony of an expert who gave a federal jury in Chicago reason to award power tool maker Black & Decker $54 million in a trademark and trade dress suit. That is, until the judge tossed the verdict.

David Kendall.

Williams & Connolly’s David Kendall Is on the Hot Seat—and That’s Where He Belongs

By Jenna Greene |

Williams & Connolly of counsel David Kendall is used to clients like Bill and Hillary Clinton being on the hot seat. Now he’s going to have to take a turn himself. But that's a good thing.

Judge Richard Posner of the U.S. Court of Appeals for the 7th Circuit, in Chicago.

Give ‘Em Hell Judge Posner

By Jenna Greene |

As if I needed another reason to be a fan of Richard Posner, the newly-retired U.S. Court of Appeals for the Seventh Circuit judge is blasting the treatment of pro se litigants and vowing to help make the system work better.

Esther Kiobel.

Cravath in the Crosshairs

By Jenna Greene |

Who doesn’t love a good discovery fight? And this one involving Cravath, Swaine & Moore is a doozy, with ramifications that extend literally across the planet.

Steven M. Witzel.

Litigator of the Week: A Slap on the Wrist? More like the Tap of a Feather

By Colby Hamilton |

It was an offer his client couldn’t refuse.That’s how Fried, Frank, Harris, Shriver & Jacobson partner Steven Witzel described the deal offered by the U.S. Securities and Exchange Commission to William Tirrell, a former top executive at Bank of America and its wholly owned broker-dealer Merrill Lynch.

Jonathan Polkes.

Shout-Out: Weil’s $4 Billion Save

By Jenna Greene |

With $4 billion on the line, a team from Weil, Gotshal & Manges led by litigation department co-chair Jonathan Polkes scored a decisive summary judgment win on behalf of some of the biggest names in finance and real estate, beating back an investor class action that had been headed for trial.

Joshua Briones.

From Migrant Field Worker to Big Law Managing Partner—The Remarkable Journey of Joshua Briones

By Jenna Greene |

By the time he was 8 years old, Joshua Briones was rising before dawn to pick strawberries and cherry tomatoes, moving from town to town in California with his immigrant farm worker parents. Today, Briones, 44, is the managing partner of Mintz Levin Cohn Ferris Glovsky and Popeo’s Los Angeles office and a lauded litigator. This is the story of his remarkable journey,

Thousands of protestors spill onto 7th Street in San Francisco after President Trump announced ending the Obama-era Deferred  Action for Childhood Arivals program.

Shattered Dreamers: Why Revoking DACA Is a New Low for the Trump Crowd

By Jenna Greene |

There is a legitimate policy argument that we should not reward people who flouted the rules by giving them a green card or path to citizenship. But that rationale collapses, utterly, when it comes to the Dreamers.

Leaping Laterals: Top Litigator Moves in August

By Jenna Greene |

August is a month for going to the beach, not joining a new law firm. Lateral moves slowed to a lazy crawl, but still, a handful of notable litigators started new gigs. Here are 10 that caught our eye.

Left to right: Jeff Barker and Daniel Petrocelli, O'Melveny & Myers partners.

Litigators of the Week: Grabbing the Prize After the Prize Fight

By Amanda Bronstad |

Floyd Mayweather’s defeat over Conor McGregor wasn’t the only boxing win worth talking about this past week—lawyers at O’Melveny & Myers scored a total knockout of dozens of class actions brought over a 2015 bout dubbed the “Fight of the Century.”

Downton Abbey Meets Antitrust—and DOJ Comes up Empty-Handed

By Jenna Greene |

The beauty (or the terror, depending on your perspective) of the Justice Department’s Antitrust Division is that you never know where it’ll strike. One minute the feds are taking down multi-billion dollar international cartels. The next, they’re busting players in an industry that sounds more like a Downton Abbey plot device: heir location services

Dirty Fight, Clean Win—How Enviro Experts at Beveridge and Diamond Beat Arnold and Porter in Fight Over LA’s ‘Biosolids’

By Jenna Greene |

A decade-long legal fight between the City of Los Angeles and neighboring Kern County over, ahem, biosolids came to a close last week. It was a critical test case over what to do with what gets flushed down the toilet.

Herbert Wachtell.

Can Herbert Wachtell Save This Case?

By Jenna Greene |

You’ve heard of runaway juries. This is the case of the runaway arbitrator.

Mark Robinson, left, and Allen Smith, right.

Litigators of the Week: This Huge Talc Verdict is One for the Record Books--–But It Almost Didn't Happen at All

By Amanda Bronstad |

A talcum powder trial in Los Angeles ended with a bang on Monday--–a $417 million bang, to be exact. But jurors almost didn’t hear the case at all.

Jonathan Youngwood.

Shout Out: Simpson Thacher Strikes Again With Securities Fraud Win for Hotel Chain

By Jenna Greene |

Hotel chain La Quinta can rest easy after a team from Simpson Thacher and Bartlett got a would-be securities fraud class action in the Southern District of New York dismissed with prejudice on Thursday.

Left to right: Joe Arpaio and Donald Trump.

Why Pardoning Sheriff Joe Could Be the Scariest Thing Trump Has Ever Done

By Jenna Greene |

When President Donald Trump indicated on Tuesday that he plans to pardon Sheriff Joe Arpaio, he signaled a frightening disregard for the judiciary and the rule of law.

Evan Greebel.

It Takes Two to Conspire … But Don’t Tell the AUSAs Prosecuting Martin Shkreli's Lawyer

By Jenna Greene |

Lawyers from Gibson, Dunn and Crutcher are mounting a full-throated defense of Evan Greebel, a former corporate partner at Katten Muchin Rosenman and Kaye Scholer who faces criminal charges in connection with his work for “pharma bro” Martin Shkreli.

These Baby Lawyers at Wilkinson Walsh May Soon Be Eating Your Lunch

By Jenna Greene |

If you had any doubt that 18-month-old Wilkinson Walsh + Eskovitz was here to stay as a litigation player, check out its class of seven new associates.

MIke Klisch, Cooley Godward

In ‘Especially Unpleasant and Nasty’ Suit, Carlton Fields Client Must Pay $18.5M Legal Bill from Cooley

By Jenna Greene |

Litigation is rarely nice. But sometimes it’s so ugly that you just have to stop and gawk. The antitrust battle between pharmaceutical manufacturing and marketing companies Procaps SA and Patheon Inc. is one of those cases.

Douglas Baldridge, front, heads in for the morning session in the civil trial for pop singer Taylor Swift, Friday, Aug. 11, 2017, in Denver.

Litigator of the Week: Taylor Swift’s Lawyer Tells All

By Jenna Greene |

Forgive the tabloid headline. Venable partner J. Douglas Baldridge is actually quite discreet when discussing his famous client. But he spent last week litigating under a blinding media spotlight, with everyone from People Magazine and Inside Edition to The New York Times covering Taylor Swift’s six-day federal trial in Denver.

This Saturday, Aug. 12, 2017 image shows s white supremacist carrying a NAZI flag into the entrance to Emancipation Park in Charlottesville, Va. (AP Photo/Steve Helber)

Your Move, Trump Lawyers. The Country Is Watching

By Jenna Greene |

Big law firms, the ones billing Trump full-freight—can make moral decisions about whom they choose to represent, whose agenda they want to help advance. Their response to the violence in Charlottesville? Crickets...

Example of faster shingle failure along a roof eave where more water is channeled and which accelerates the washing away of the asphalt saturating the paper fiber of the shingles. As the asphalt is lost the paper begins to visibly shrink and contract as seen in the foreground.

The Arbitration Fight You Didn’t Know Was Happening—And that Skadden Is Winning

By Jenna Greene |

For all the attention being paid these days to mandatory arbitration of consumer financial disputes, there’s another unlikely battleground: roof shingles. Seriously.

David Tulchin of Sullivan & Cromwell.

Hot Cross Buns: These Sullivan and Cromwell Litigators Show How to Grill a Witness

By Jenna Greene |

Trial was just four months away when a team from Sullivan and Cromwell led by David Tulchin and Thomas White parachuted in to save the day for medical device maker Micro System Engineering Inc.

Sidley Austin's Carter Phillips.

How Gibson Dunn (and T-Mobile) Saved a Sidley Client $32M

By Jenna Greene |

“I’ve never seen anything like this in 37 years of practice.” That’s how Sidley Austin chair Carter Phillips describes the way his client Sprint got off the hook for a $32 million patent infringement judgment last week

David Siegal of Haynes and Boone.

Litigator of the Week: When the Feds Say ‘Uncle’ in a Fraud Case

By Colby Hamilton |

It took five years for the government to decide to halt its securities fraud prosecution of international financier Benjamin Wey. But for his attorney, Haynes and Boone partner David Siegal, the problems with the feds' case were baked-in from the start.

mushroom cloud

Five Legal Stories to Distract You From Thoughts of Armageddon

By Jenna Greene |

Here are five legal stories from around the web to get your mind off whether you should start building a bomb shelter. Hello boob photos, a plaintiffs lawyer having a temper tantrum, disastrous blind dates, celebrities with herpes and poop. See, aren’t you feeling better already?

This Big Law Litigator Is Defending Taylor Swift in DJ Groping Trial

By Jenna Greene |

Did a disc jockey fondle Taylor Swift's buttock? Venable partner J. Douglas Baldridge--whose usual caseload involves high-stakes IP, antitrust, First Amendment and real estate fights--is representing the pop superstar in a federal trial in Denver. And it's a circus.

Preet Bharara.

Preet Bharara is Unchained on Social Media—and He’s Awesome

By Jenna Greene |

The last thing the world needs is another $1,500-an-hour white collar defense lawyer in New York City—which is why it’s so refreshing that Preet Bharara has eschewed the lucrative and predictable embrace of a law firm.

Trump Hotel Washington DC

Stand and Deliver: CREW Takes Its Best Shot at Convincing Court Not to Toss Suit Against Trump

By Jenna Greene |

The legal dream team representing Citizens for Responsibility and Ethics in Washington took a running leap at the hurdle of standing, filing a hard-hitting brief on Friday evening in their emoluments lawsuit against President Donald Trump.

Stuart Newberger of Crowell & Moring.

Litigator of the Week: In Terrorism Case, the Long View Paid Off

By Tony Mauro |

In Stuart Newberger's legal practice, patience is essential. So when the Crowell and Moring partner logged a significant win in a terrorism suit against Sudan before the U.S. Court of Appeals for the D.C. Circuit, he shrugged off the fact that it came 17 years after his clients first came to him.

Commercial Litigation is on a Downswing—But These Firms Are Coming Out on Top

By Jenna Greene |

Your suspicions are confirmed: commercial litigation has been on the decline for the last eight years. Who is grabbing the biggest pieces of the shrinking pie?

Beth Wilkinson of Wilkinson Walsh + Eskovitz.

Shout-Out: This is Why You Hire Beth Wilkinson

By Jenna Greene |

In late June, I wrote a column headlined “No Pressure Beth—Just $12 Billion on the Line as Containerboard Class Action Gets Closer to Trial.” The Wilkinson Walsh + Eskovitz founding partner delivered—big time.

Schiff Hardin's Bruce Wagman with dogs Kazi (left) and Tatu at his home in Stinson Beach.

From Wolves to Horses to Dogs, This Big Law Partner Has Built a Practice Exclusively Defending Animals

By Jenna Greene |

Schiff Hardin partner Bruce Wagman has the best client list ever: birds, cats, chickens, chimpanzees, cows, deer, dogs and more. Okay, technically they’re not his clients, because, well, animals can’t hire lawyers. But Wagman has carved out a unique practice defending and improving their lives.

Bad News, Bob. The ACLU Just Clobbered You With This Awesome Amicus Brief

By Jenna Greene |

This is the brief everyone wishes they got to write: the ACLU’s amicus submission siding with comedian John Oliver. It is truly and gloriously over the top.

Williams & Connolly

Why It's a Good Thing That Williams & Connolly Isn't Merging With Quinn Emanuel

By Jenna Greene |

The combined firm would have been a slightly terrifying, 1,000-litigator juggernaut. But that's not why I'm glad to hear they're not merging.

Summer Sizzle: July’s Top Lateral Litigator Moves

By Jenna Greene |

No sleepy summer doldrums. Across the country, big-name lawyers in practices including mass torts, IP, labor and employment and environmental litigation all found new homes. Here are the Lit Daily’s picks for 10 of the most notable lateral litigator moves in July.

Kirkland & Ellis associate Rob Bernstein.

The Kirkland Associate and the Case of the Bungled Pot Raid

By Jenna Greene |

If Spiderman was a lawyer, he might be a lot like Kirkland and Ellis associate Rob Bernstein. No, not the part about webs. But because when Bernstein saw something wrong, he jumped in to fight it--and what happened to this Kansas City family was seriously messed up.

Mike McKool.

Litigator of the Week: A Jury ‘Thriller’ for a Music Legend

By Todd Cunningham |

Veteran Texas litigator Mike McKool calls the breach of contract case pitting producer Quincy Jones against MJJ Productions and the estate of pop superstar Michael Jackson “one of the most enjoyable I’ve ever handled.”

How One Company (With Help From Sheppard Mullin) Has Raked in $145 Million from Enforcing Its Employment Agreements

By Jenna Greene |

Here’s a number to marvel at: $145 million. That’s how much interdealer broker TP ICAP has recovered in the last three years by enforcing its employee agreements in the United States, according to Stephen Goulet, general counsel for the Americas.

Brian Benczkowski testifies before the Senate Judiciary Committee during his confirmation hearing to be Assistant Attorney General in the Criminal Division at the U.S. Department of Justice, on Tuesday, July 25, 2017.

Should Your Clients Be Held Against You?

By Jenna Greene |

There’s a tendency by those outside the legal profession to conflate lawyers with their clients, to assume that if you represented someone, you must personally be aligned with their interests or find them sympathetic. The latest target: Kirkland and Ellis white-collar defense partner Brian Benczkowski.

Janet Reno in 1997 and current Attorney General Jeff Sessions in 2017

Hang in There, Jeff Sessions

By Jenna Greene |

Maybe Sessions will be Janet Reno to Trump’s Bill Clinton: the AG who the president wishes would quit—but won’t.

The US Constitution

How a SCOTUS Advocate in 1866 Expanded the Presidential Pardon Power

By Tony Mauro |

President Donald Trump’s personal lawyer Jay Sekulow said on Sunday that the U.S. Supreme Court may ultimately be called on to decide the scope of presidential pardon power. If that happens, the justices will likely dust off one of the few cases in which the high court has ruled on the pardon power: the 1866 decision in Ex Parte Garland, involving one of the most prolific—and acerbic—advocates before the court: Augustus Garland.

Wilson Sonsini Goodrich & Rosati.

Shout-Out: Wilson Sonsini’s $1B Save

By Jenna Greene |

A trial team from Wilson Sonsini Goodrich and Rosati delivered a $1 billion save for client Amphastar Pharmaceuticals Inc. after a federal jury in Boston on Friday sided with the company in a patent fight over its generic version of the blood-thinner Lovenox.

Michael S. Schachter.

Litigator of the Week: When the Feds Went Too Far, This Willkie Lawyer Hit Back

By Colby Hamilton |

For a criminal defense lawyer, there’s no better feeling than winning exoneration for a deserving client. Just ask Willkie Farr and Gallagher partner Michael Schachter.

Robert Giuffra of Sullivan & Cromwell.

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

By Jenna Greene |

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

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

By Jenna Greene |

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

Scott Balber of Herbert Smith Freehills.

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

By Jenna Greene |

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

The Actor by Pablo Picasso

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

By Jenna Greene |

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

Ty Cobb.

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

By Jenna Greene |

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

Philippe Selendy.

Litigator of the Week: Quinn Emanuel's $25 Billion Man

By Scott Flaherty |

Following a string of successful mortgage-backed securities cases against most of the banking industry, Philippe Selendy of Quinn Emanuel Urquhart and Sullivan notched another achievement this week.

The Donald Jr. Crisis: What Was Done Right

By Elizabeth Lampert |

PR 101 would advise anyone in crisis that addressing the media quickly is imperative. It’s not ideal Donald Trump Jr.'s story rapidly changed, but in short order, he leapfrogged the New York Times to get his message out there--and that counts.

L-R Marc Kasowitz and Alan Futerfas

This is Why No One Wants to Represent the Trumps

By Jenna Greene |

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

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

By Jenna Greene |

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

CFPB Director Richard Cordray.

Consumer Financial Protection Agency Kills Arbitration—and It Feels Good

By Jenna Greene |

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

Judge Janice Rogers Brown.

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

By Jenna Greene |

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

6 Tips to Help Your Firm Win Litigation Department of the Year

By Emily Barker |

The American Lawyer is accepting submissions for this year’s contest through August 4. Here are some dos and don’ts from the editors.

James Bernard of Stroock

Litigator of the Week: Playing the Long Game for Victims of Terrorism

By Andrew Denney |

Stroock & Stroock & Lavan partner James Bernard led a fight to recover more than $1 billion in assets for creditors who obtained favorable rulings from U.S. courts for losses suffered in Iran-backed attacks

Lateral Report: 10 Notable Litigator Moves in June

By Jenna Greene |

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

Ballard Spahr's Mark Gaylord.

Litigator of the Week: Distilling a $350M Trade Secrets Fight Down to the Essential Facts

By John Council |

To win a defense verdict in a $350 million trade secrets fight between the world’s two largest essential oil companies, Ballard Spahr partner Mark Gaylord first had to convince a Utah judge that the case boiled down to simple contract dispute.

Beth Wilkinson of Wilkinson Walsh + Eskovitz.

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

By Jenna Greene |

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

Boris Feldman, Wilson Sonsini Goodrich & Rosati

This Lawyer's Long Fight to Thwart Shareholder Suits Is Going SCOTUS

By Ben Hancock |

Boris Feldman, a Silicon Valley litigator at Wilson Sonsini Goodrich and Rosati, has been on what you might call a crusade to drive all securities fraud class actions into federal court. And he just might succeed.

Michael Daugherty.

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

By Jenna Greene |

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

ex-Arizona Cardinals cheerleader Megan Welter

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

By Jenna Greene |

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

Neal Katyal.

Litigator of the Week: Practice Makes Perfect for This Hogan Lovells Star

By Amanda Bronstad |

Hogan Lovells partner Neal Katyal scored a game changing win in a SCOTUS case that fundamentally alters the growing practice of mass tort litigation--starting right now. How'd he do it? Hint: “It’s not like I sit in my room and read the briefs.”

Oxycontin

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

By Jenna Greene |

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

An advertisement for Trump University.

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

By Jenna Greene |

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

U.S. Federal Trade Commission building

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

By Jenna Greene |

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

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

By Jenna Greene |

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

Kannon Shanmugam.

Litigator of the Week: No Complaints from Kannon Shanmugam

By Tony Mauro |

It has been an eventful spring for Williams and Connolly partner Kannon Shanmugam. In April, his wife Vicki gave birth to their third son, Henry. In May and June, the U.S. Supreme Court delivered two other bundles of joy: victories in both the cases he argued this term. "Two Supreme Court cases and a baby. I can't complain," Shanmugam said.

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

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

By Jenna Greene |

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

James Hurst.

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

By Jenna Greene |

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

Lynne Hermle, Orrick partner

Litigator of the Week: Shooting the Moon for SpaceX

By Ross Todd |

Orrick’s Lynne Hermle, an employment law trial specialist if there ever was one, has developed something of a sub-specialty recently. For the second time in the past eight months, Hermle this week convinced a Los Angeles jury to side with Elon Musk-led SpaceX in a lawsuit brought by a disgruntled former employee.

U.S. Attorney General Jeff Sessions

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

By Jenna Greene |

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

CrossFit Clobbers Competitor with Sanctions in False Advertising Case

By Jenna Greene |

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