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Litigators of the Week: John O’Quinn and Steven Cherny of Kirkland & Ellis

By Scott Flaherty |

In a $2 billion patent battle with roots as old as the lawyers who fought it, Cherny and O’Quinn can finally claim a final victory.

Crazy Cases and (Unintentionally) Funny Opinions

By Jenna Greene |

Every court has its crazy filings—it comes with the territory. But the U.S. Court of Federal Claims seems to get more than its share. Like the guy who wants money for a patent he called “Vice President Special Prosecutor Honeymoon Vacation,” or the one seeking $1 trillion for infringement of his interstellar spaceship and weather machine. The way the court handles the complaints is laudable.

Richard Cordray.

Say Goodbye to Mandatory Arbitration—And Hello to Class Actions

By Jenna Greene |

Mandatory arbitration as we know it is on the way out. The Consumer Financial Protection Bureau on Wednesday announced that it plans to propose rules that would prevent consumer financial services companies from using arbitration clauses to block class actions. The implications are huge.

In Wake of Oregon Shooting, Don’t Expect Gun Makers to Pay

By Jenna Greene |

Survivors and families of the victims of the shooting rampage at Umpqua Community College in Oregon may have viable claims against the school for failing to do more to protect the students, or perhaps against the family of shooter. But if prior lawsuits are any guide, the victims would have an extremely difficult time making claims stick against the companies that made the guns or bullets.

Shout Out: Skadden Racks Up Four Wins in 48 Hours

By Jenna Greene |

Securities litigators at Skadden, Arps, Slate, Meagher & Flom are on a hot streak, winning dismissal of four potential mega-suits last week.

Judge Torches American Apparel Ex-CEO in Hilarious Hearing

By Jenna Greene |

“You know, I think there's a greater likelihood that I'll be the first American astronaut stranded on Mars" before American Apparel ex-CEO Dov Charney wins this lawsuit, said Los Angeles County Superior Court Judge Terry Green, who called Charney's alleged conduct "so far over the top that you can't see the top anymore."

Litigators of the Week: Jonathan Cohn and Mark Hopson of Sidley Austin

By Scott Flaherty |

Litigation’s always a gamble, and there was no exception for Sidley Austin as it defended Bayer AG in a dispute with the Federal Trade Commission over Bayer's promotion of its Phillips Colon Health probiotic supplement.

Shout-Out: Covington Saves Small Company From FCPA Peril

By Jenna Greene |

When a small oil exploration company came under investigation for violating the Foreign Corrupt Practices Act, it could have been the end. Instead, a team from Covington & Burling saved the day.

The O.J. Trial and the Lethal Paralegal, 20 Years Later

By Jenna Greene |

It's been 20 years since a Los Angeles County Superior Court jury acquitted O.J. Simpson of the murders of his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman. A key behind-the-scenes player in the subsequent civil trial was 21-year-old Stephen Foster, dubbed the “lethal paralegal." Now a law firm partner, he shared previously unreported details about the case with the Lit Daily.

O.J. Lawyers: Where Are They Now?

By Jenna Greene |

The O.J. Simpson trial—televised for 134 days to a mesmerized nation— made celebrities out of the lawyers involved. Twenty years later, where are they now?

How a Contractor Laid Claim to Yosemite’s Trademarks

By Jenna Greene |

An unseemly trademark fight has erupted between the federal government and the outgoing contractor that has run Yosemite's food and lodging concessions since 1993. Delaware North wants $51 million for trademarks including the Ahwahnee Hotel and "Yosemite National Park" on souvenirs. How did it come to this?

Magic Diet Powder Didn't Work? Tell Anyone and We'll Sue You

By Jenna Greene |

It sounds great: Mix a powder in your drink and lose up to 21 pounds a month. Eat chocolate cake and ice cream and all the foods you love! The success rate is 90 percent! Or so claimed Roca Labs Inc., which was sued by the Federal Trade Commission last week in the U.S. District Court for the Middle District of Florida for deceptive advertising. But this case has a twist.

Shout-Out: Wilmer Brokers $186M Settlement for Indian Tribes

By Jenna Greene |

Lawyers from Wilmer Cutler Pickering Hale and Dorr helped broker a $186 million settlement on behalf of the Chickasaw and Choctaw nations, which sued the federal government in 2005 for mismanaging tribal assets.

Randy Mastro on Teddy Bears, Bridgegate and How He’ll Beat You in Court

By Jenna Greene |

Randy Mastro has been described by publications including The New York Times and The New Yorker as merciless, fierce and formidable—a lawyer who will fight you until the end. But the New York-based Gibson, Dunn & Crutcher partner and co-chair of the firm’s litigation practice said that he thinks of himself “as a big teddy bear.” Which makes sense, if teddy bears also have teeth and claws.

Litigator of the Week: Mark Rifkin of Wolf Haldenstein Adler Freeman & Herz

By Scott Flaherty |

It took a class action plaintiffs lawyer to make sure no one ever gets sued again over “Happy Birthday.”

Luis Antonio Rivera, 58, of Miami, Florida, imprisoned for 30 years is serving a sentence for life plus 140 years, at  FCI Coleman Medium - Federal Bureau of Prisons, in Coleman, Florida, on Monday, April 9, 2015. Rivera, a former pilot, and an artist works in the commissary. He was charged with federal drug offenses.

"THANK YOU! THANK YOU!" Inmate Serving Life on Drug Charge Released Because of These Pro Bono Lawyers

By Jenna Greene |

After 30 years behind bars for a drug charge, Luis Anthony Rivera was released last week—but not because he was wrongly convicted or granted clemency. He was released because it was the right thing to do. He had been punished enough. Credit an incredible pro bono effort by lawyers from Quinn Emanuel and Starnes Davis Florie.

Why the Law Can't Touch CEO Who Raised Pill Price 5,000 Percent

Turing Pharmaceuticals CEO Martin Shkreli has become one of the most reviled people in America after raising the price of a drug used to treat life-threatening parasitic infections 5,000 percent. But there's not much the feds can do, if a prior attempt by the Federal Trade Commission is any guide.

Shout-Out: A $94M Verdict for Kirkland and Winston Lawyers

By Jenna Greene |

Kirkland & Ellis partner James Hurst along with Winston & Strawn partner Steven D’Amore came out on top against a team from Williams & Connolly, scoring an under-the-radar $94 million verdict on behalf of AbbVie Inc. against MedImmune LLC.

Autistic Boy’s Parents Sued by Neighbors for Lowering Property Values

By Jenna Greene |

The parents of an 11-year-old autistic boy in California are fighting a lawsuit by neighbors who say that their son is a public nuisance who has lowered their property values. The suit, which has been going on for more than a year, is more than baseless: it's dangerous.

Top Lawyers Dish on the Art of the Client Pitch

By Jenna Greene |

Lawyers who have a strong track record of winning beauty contests share what makes a pitch work—and how it can fall flat.

Litigator of the Week: Corynne McSherry, Electronic Frontier Foundation

By Scott Flaherty |

A former Bingham McCutchen associate, McSherry has found her nonprofit niche pressing for limits on digital copyright protections that could restrict free speech.

Shout-Out: Gibson Dunn Knocks Out Fraud Suit Against DLA Piper

By Jenna Greene |

Gibson, Dunn & Crutcher partners Kevin Rosen and Matthew Kahn delivered big for DLA Piper, winning dismissal of a suit alleging that the firm helped an investment manager misappropriate funds.

Owner Mark Cuban of the Dallas Mavericks attends the NBA game between the Dallas Mavericks and the Los Angeles Lakers at Staples Center on March 8, 2015 in Los Angeles, California.

SEC Nemesis Mark Cuban Strikes Again—But on the Wrong Side

By Jenna Greene |

The U.S. Securities and Exchange Commission must rue the day it ever picked a fight with Mark Cuban. But the the billionaire basketball team owner/reality show star is on the wrong side as an amicus in a case challenging the SEC's ability to bring administrative cases.

The Actress, the 80-Year-Old and the $800 Million Estate

By Jenna Greene |

A classic trusts and estates battle is brewing in Nevada state court, with a lineup straight out of central casting: the rich old man, the much younger second wife—a beautiful actress who was not technically divorced from her first husband —and the outraged children who found themselves cut out of the will. It’s one of those stories that’s like a car crash. You can’t help but gawk.

Shout-Out: Skadden Strikes Again for American Apparel in Fee Dispute

By Jenna Greene |

Lawyers from Skadden, Arps, Slate, Meagher & Flom are five for five in representing American Apparel Inc. in a series of disputes with former CEO Dov Charney. The latest win came Friday, when the Delaware Court of Chancery rebuffed Charney’s request to have the clothing retailer cover his legal expenses in an ongoing fight over his standstill agreement.

In Horrific Sex Harassment Case, $17M Verdict for Illegal Workers

By Jenna Greene |

The allegations are appalling: migrant women farm workers leered at, groped and raped by supervisors. Last week, a federal jury in Miami awarded five of the victims—four of whom are undocumented—$17.4 million. The case sends a powerful message: even if you entered the United States illegally, you have civil rights once you’re here.

Morgan Chu, Irell & Manella

IP Legend Morgan Chu on Winning at Trial, Retirement and Poker

By Jenna Greene |

“Lucky” is a word that Morgan Chu uses often. Lucky enough as a young lawyer to be tapped to take a major patent case to trial. Lucky enough to win—again and again. But what the Irell & Manella partner doesn’t say is that you also make your own luck. Because you don’t get called “beyond doubt the most gifted trial lawyer in the USA” by Chambers thanks to luck. Chu spoke to the Lit Daily about his biggest cases and keys to success.

Shout Out: Weil Wins 10-Year False Claims Fight

By Jenna Greene |

After a 10-year fight that included one trip to the U.S. Supreme Court and two to the U.S. Court of Appeals for the Second Circuit, Weil Gotshal & Manges lawyers got a False Claims Act suit against Schindler Elevator Corp. dismissed on summary judgment.

Shout-Out: Fenwick & West Saves Secret Text Message App

By Jenna Greene |

“Someone you know has anonymously invited you to join Whisper, a mobile social network for sharing secrets.” As far as text messages go, it’s definitely creepy. But is it illegal?

Jeffrey Kessler leaves Manhattan federal court after a hearing in the Tom Brady case on Aug. 19.

Litigator of the Week: Jeffrey Kessler of Winston & Strawn

By Scott Flaherty |

The NFL’s toughest courtroom foe struck again, just in time for kickoff.

Rights lawyer Amal Clooney speaks at the Maafushi Prison while meeting with jailed former Maldives leader Mohamed Nasheed in Maafushi on September 8, 2015. Rights lawyer Amal Clooney spent hours in a high security prison island in the Maldives September 8 consulting former president Mohamed Nasheed as part of efforts to secure his release.

Amal Clooney: Beautiful? Yes. Famous? Yes. But Is She a Good Lawyer?

By Jenna Greene |

Amal Clooney may be the most famous practicing lawyer in the world, and is certainly the most photographed. But is she a good lawyer? In some ways, it’s the wrong question to ask.

Shout-Out: Latham Unplugs Securities Fraud Suit Against Car Battery Maker

By Jenna Greene |

Latham & Watkins litigators on Tuesday won dismissal of a would-be securities fraud class action against a company that made electric car batteries for the beautiful but ill-fated Karma by Fisker.

Andrew Ceresney.

Small-Time, Boring Cases? Well Done, SEC

By Jenna Greene |

Under the heading “They don’t make ‘em like they used to” add accounting fraud suits by the U.S. Securities and Exchange Commission. But that’s a good thing.

Shout-Out: Kramer Levin and Greenberg Traurig Get Securities Fraud Suits Tossed

By Jenna Greene |

A team of lawyers from Kramer Levin Naftalis & Frankel and Greenberg Traurig on Friday won dismissal of two securities fraud class actions against mortgage servicer Ocwen Financial Corp.

Reid Weingarten of Steptoe & Johnson.

White Collar Titan Reid Weingarten on Juries, Clients and the Scariest Federal Prosecutors

By Jenna Greene |

Steptoe & Johnson LLP partner Reid Weingarten is one of the country’s top white collar defense lawyers. He spoke at length with the Litigation Daily about his practice—including what it means when he wants the “smart jurors" and what he says to prosecutors in their offices to convince them not to bring a case.

Litigator of the Week: Joseph Neuhaus of Sullivan & Cromwell

By Scott Flaherty |

Thanks to Neuhaus, after nine years of litigation, Argentina’s central bank is off the hook from having to cover more than $2 billion in defaulted Argentinian bond debt.

If You’re Not Throwing Up Today, Thank These Lawyers

By Jenna Greene |

Food safety lawyers are the white knights of the plaintiffs bar. Because who wants to get violently ill or even die from something that you ate? A new reports argues lawsuits are "the most effective, and sometimes the only, mechanism for deterring negligent behavior" when it comes to food production.

Shout-Out: Covington & Burling

By Jenna Greene |

Covington & Burling lawyers won their third trial in four weeks on behalf of Eli Lilly and Co. for allegedly failing to warn about the risks of withdrawing from the antidepressant Cymbalta.

Air Cargo Fight Ready for Takeoff

By Jenna Greene |

Hausfeld threw down the gauntlet on Monday with a press release headlined “Multibillion-Dollar Air Cargo Price-Fixing Litigation Headed to Trial in Brooklyn.” Plaintiffs lawyers say they're ready to go to court, but will the holdout defendants chance a jury trial?

Feds Seek Contempt Sanctions Against Nonparty Firms

By Jenna Greene |

The Consumer Financial Protection Bureau wants a federal judge in California to sanction several small law firms for violating an order that they aren’t a party to. As a legal move, it’s undeniably aggressive and possibly brilliant.

The Best and the Nicest: Making the Grade With the American College of Trial Lawyers

By Jenna Greene |

Want to know what you can do to be invited to join the ultraprestigious American College of Trial Lawyers? The answer, according to the group’s president: not much. "'Campaigning’ for membership is discouraged and counterproductive." So who gets in, and why?

William Burck of Quinn Emanuel. September 19, 2013.

Shout-Out: Quinn Emanuel

By Jenna Greene |

Lawyers from Quinn Emanuel Urquhart & Sullivan saved the day for a bank accused of money laundering, securing a last-minute injunction that stopped draconian penalties from taking effect Friday.

Litigator of the Week: Michael Mueller of Hunton & Williams

By Scott Flaherty |

Mueller knocked out a pair of wage-and-hour class actions against Tyson Foods this week, even as he and his longtime client face an even bigger test at the U.S. Supreme Court.

Shout-Out: Skadden Forces Would-Be Class to Arbitrate

By Jenna Greene |

Derailing a would-be class action against a company that makes roofing shingles, lawyers from Skadden, Arps, Slate, Meagher & Flom on Wednesday convinced a federal judge in Sacramento that the plaintiffs must arbitrate their claims individually.

The Dilly in Philly: Clement v. Olson

By Jenna Greene |

It was the legal equivalent of the Floyd Mayweather-Manny Pacquiao matchup: in one corner, the 42nd solicitor general of the United States, Theodore Olson. In the other, the 43rd SG, Paul Clement, plus a team from Skadden. Clement scored the KO before the Third Circuit, beating an attempt by the state of New Jersey to legalize sports betting.

Shout-Out: Latham & Watkins

By Jenna Greene |

It’s been a big week for lawyers at Latham & Watkins, who chalked up major wins in insurance and antitrust disputes.

Clients on Yelp Give Lawyers an Earful

By Jenna Greene |

Yelp reviews are a great way to choose a restaurant for brunch. But what about for hiring a lawyer?

Shout-Out: Cooley and Kirkland & Ellis

By Jenna Greene |

Win-win is a cliché, but it’s an apt description of what went down between Cooley client Gevo Inc. and rival Butamax Advanced Biofuels, represented by Kirkland & Ellis.

Slender Man.

In Slender Man Stabbing, How Can 12-Year-Olds Be Adults?

By Jenna Greene |

Looking at one of the most bewildering crimes in years— two Wisconsin girls, then 12, lured a friend into the woods and stabbed her 19 times to curry favor with a fictional Internet monster called Slender Man—from a mother's perspective.

James Hurst.

For Kirkland’s Hurst, a Win From Afar in Cancer Drug Fight

By Jenna Greene |

When James Hurst left Winston & Strawn, where he was chairman of the litigation department, to join Kirkland & Ellis in December, he knew conflicts would prevent client Sandoz Inc. from following him. But he scored a final win for the company on Thursday, when a Delaware federal judge ruled for the company in a patent fight over a cancer drug.

Gregory Sleet.

Sanctions Smack-Down—Six Years Later

By Jenna Greene |

Ruling on sanctions motions that have been pending for nearly six years, a federal judge in Delaware found that Rembrandt Technologies LP engaged in widespread document spoliation, unethical payments to witnesses and fraudulent revival of patents. What took so long?

Litigator of the Week: Todd Harrison of McDermott Will & Emery

By Scott Flaherty |

Despite the shifting landscape in insider trading law, it’s still rare these days for a jury to clear an accused inside trader. But that’s what happened this week, when Todd Harrison of McDermott Will & Emery won an acquittal for a retired hedge fund manager.

What Litigators Need to Know—and Get Wrong—About Patents

By Jenna Greene |

As outside patent counsel for Facebook Inc., Baker Botts partner Travis Thomas is a nitty-gritty patent lawyer, an electrical engineer by training who can write a patent or litigate it in court. The Litigation Daily spoke to him about IP litigation and what general litigators need to know—and often get wrong—about patents.

IRS Hack Shows Feds Have Double Standard on Data Breaches

By Jenna Greene |

It’s hard to square recent data security breaches by the federal government with the Federal Trade Commission’s zealous prosecution of two companies—LabMD and Wyndham Hotels and Resorts—for cybersecurity breaches.

Labor Board's Surprising Punt in Football Case

By Jenna Greene |

The National Labor Relations Board in a unanimous holding declined to assert jurisdiction over a bid by football players at Northwestern University to unionize. It was the right call, a surprisingly practical move by an agency that in other circumstances has leaped to expand its reach.

It’s True—Sometimes Clients Do Things Just To Mess With You

By Jenna Greene |

A high-level client dishes on what he thinks about in-house counsel and the formidable roster of AmLaw 100 lawyers he routinely interacts with. And he confirmed every lawyer’s secret suspicion. Sometimes clients do things just to mess with you.

Covington Lawyers Kill on Cross-Exams in Cymbalta Case

By Jenna Greene |

There’s nothing like a devastating cross-examination to clinch a victory in court. Covington & Burling partners Phyllis Jones and Paul Schmidt delivered doozies for Eli Lilly & Co. in Los Angeles federal court, cutting short a bellwether trial over the antidepressant Cymbalta with a directed verdict. How did they do it?

Litigators of the Week: Floyd Abrams and Joel Kurtzberg of Cahill Gordon

By Scott Flaherty |

The Cahill duo successfully wielded the First Amendment in a closely watched case against the FDA, persuading a judge that pharma companies can’t be hit with off-label marketing claims based on truthful statements about their drugs.

Does This Bank Deserve a $35 Milllion Fine?

By Jenna Greene |

Citizens Financial Group failed to fix customers' math mistakes on deposit slips when the discrepancy was less than $25. Half of them lost money. The other half got free money, kind of like drawing the Monopoly card, "Bank Error in Your Favor."

A Real Fight Over Virtual Reality

By Jenna Greene |

Facebook's Oculus Rift virtual reality headset is poised to transform the $90 billion video gaming industry. But like most lucrative inventions, it’s also the subject of a fierce intellectual property dispute, pitting lawyers from Skadden against a team from Cooley. This week, Skadden scored big.

In Airline Forum Fight, Plaintiffs Argue My Court’s Better Than Yours

By Jenna Greene |

Plaintiffs lawyers jockeying for position in 68 yet-to-be-consolidated antitrust suits against the major domestic airlines are mounting campaigns worthy of a local Chamber of Commerce visitor’s brochure. Here's what the six courts in contention have going for them.

When Juries Get Patent Suits Wrong: Judge Voids $28M Judgment Against Comcast

By Jenna Greene |

It was a victory-from-the-jaws-of-defeat moment for lawyers from Davis Polk & Wardwell and Winston & Strawn when a federal judge in Delaware on Friday voided a $27.6 million jury verdict against their client Comcast IP Holdings. The case raises the question: Why try patent suits before juries in the first place?

Judge Issues Hilarious Opinion Refusing to Seal Docs

By Jenna Greene |

U.S. District Judge Charles Breyer clearly didn’t think much of motions by firms including Wachtell and Skadden asking for documents to be sealed in a suit against Hewlett-Packard Co. How he responded is classic.

Michael Sommer

Litigator of the Week: Michael Sommer of Wilson Sonsini

By Scott Flaherty |

In the Teva-Mylan M&A fight, a preliminary litigation win helped keep a hostile bidder at bay.

Mary Jo White.

SEC Pay Ratio Rule in the Crosshairs, but It’s Not an Easy Target

By Jenna Greene |

The U.S. Securities and Exchange Commission is all but certain to be sued over rules adopted Wednesday that require public companies to disclose the ratio between their chief executive officers’ pay and that of their median employees. But how likely is a lawsuit to succeed?

Richard Cordray.

The CFPB May Be Unpopular, but Is It Unconstitutional?

By Jenna Greene |

It’s hard to see Consumer Financial Protection Bureau head Richard Cordray, who comes across about as menacing as Opie Taylor on "The Andy Griffith Show," as “the very definition of tyranny.” But that’s what lawyers at Gibson, Dunn & Crutcher would have you believe in their constitutional challenge to the 4-year-old agency.

Five Things Law Firm Publicists Do Wrong—And What Lawyers Can Do Right

By Jenna Greene |

From fake "exclusives" to tardy announcements, law firm publicists can drive reporters crazy. Here's how lawyers can make the process better.

Michael Hausfeld.

Plaintiffs Bar Giant Michael Hausfeld on Winning, Losing and Playboy Magazine

By Jenna Greene |

Michael Hausfeld is one of the best-known and most-feared plaintiffs lawyers in America, racking up billions in settlements for cases involving antitrust and human rights violations. He spoke recently with the Litigation Daily, and shared his thoughts on topics including settlement negotiations, legal writing and obnoxious behavior by opposing counsel—and how he scored a profile in Playboy magazine.

WASHINGTON, DC - JULY 28: Anti-abortion activists hold a rally opposing federal funding for Planned Parenthood in front of the U.S. Capitol on July 28, 2015 in Washington, DC. Sen. Rand Paul (R-KY)  announced a Senate deal to vote on legislation to defund Planned Parenthood before the Senate goes into recess in August.

MoFo, Cleary, Gibson Dunn and Latham Have a Good Week

By Jenna Greene |

MoFo, working pro bono, secured a temporary restraining order against the release of more anti-abortion videos in the Planned Parenthood controversy. In other news, Cleary Gottlieb, Gibson Dunn and Latham had victories of their own.

A Judge Passionately Defends Trial By Jury

By Jenna Greene |

“I did not try this case very well,” wrote Massachusetts federal Judge William Young, the first sentence of an extraordinary opinion in a $60 billion reverse payment antitrust suit. Over 104 pages, Young muses on the art of judging and passionately defends the importance of trial by jury.

O'Melveny, Cravath Lawyers Are Litigators of the Week

By Scott Flaherty |

Jonathan Hacker of O’Melveny & Myers (pictured at left) and Keith Hummel of Cravath, Swaine & Moore convinced a federal appeals court that Ford Motor Co. and IBM couldn't be tied to human rights abuses in apartheid South Africa under the U.S. Alien Tort Statute.

SEC Plays Gotcha in Case Against Baby Formula Maker

By Jenna Greene |

Enforcement of the Foreign Corrupt Practices Act by the U.S. Securities and Exchange Commission sometimes feels like small-time, gotcha-style litigation. Case in point: the $12 million settlement with Mead Johnson Nutrition Co. over marketing baby formula to health care professionals in China.

To Nail Your Closing Argument, Follow This Kirkland Partner's Guide

By Jenna Greene |

It’s hard enough to make a riveting closing argument in, say, a murder trial, but to do it in a patent case takes a special kind of finesse. In a recent win before a Chicago federal jury on Samsung Electronics Co.’s behalf, Kirkland & Ellis partner Luke Dauchot managed to make patent infringement (dare we say it?) interesting.

Donald Trump.

The Donald v. The World

By Jenna Greene |

Republican presidential front-runner Donald Trump has a long track record as a litigant. A look at his forays in court shows a fondness for lawsuits at odds with GOP calls for tort reform.

How Not to Hire Teenage Girls

By Jenna Greene |

A Subway manager who sent job applicants texts like "Bang my brains out the job is yours" doesn't leave lawyers for the franchise owner much room to mount a defense. And the U.S. Equal Employment Opportunity Commission knows it.

In Peanut Food Poisoning Case, Punishment Doesn't Fit the Crime

By Jenna Greene |

The feds want life in prison for the ex-CEO of Peanut Corporation of America for producing products tainted with salmonella. But the unprecedented sentence may actually undermine food safety.

Litigator of the Week: D. Maimon Kirschenbaum of Joseph & Kirschenbaum

By Scott Flaherty |

Raising novel questions about what it means to practice law, Kirschenbaum is taking on top law firms over their failure to pay overtime for the drudgery of contract lawyer document review.

Meet Monique Pressley, Bill Cosby’s Lawyer

By Jenna Greene |

Defending a once-beloved superstar in the court of public opinion has meant sometimes evading questions. Plus, AT&T's outside counsel at Crowell & Moring, Arnold & Porter and Sidley Austin get a second chance.

Who's Winning Pay-for-Delay Suits Against Drugmakers?

By Jenna Greene |

Huge potential damages make these suits a tempting new target for plaintiffs lawyers. But they shouldn't expect easy victories.

After Failing to Boot Plaintiffs Firm, JPMorgan Inks $388M MBS Settlement

By Scott Flaherty |

For the Robbins Geller lawyers, who could earn close to $100 million in fees for their work, a $388 million settlement with JPMorgan must be all the sweeter since they first had to defeat efforts to disqualify them from spearheading the case.

Plaintiffs Reload in Fraud Case Against Cahill, BASF

By Scott Flaherty |

After getting their case back on track at the Third Circuit last year, a group of asbestos plaintiffs has filed a beefed-up complaint accusing Cahill Gordon and BASF Catalysts of deceiving the courts in long-running asbestos litigation.

Jenna Greene, Litigation Daily

A Note to Litigation Daily Readers

Some exciting changes are coming to the Litigation Daily this week.

TV Streamer FilmOn Wins Round Against Broadcasters

By Scott Flaherty |

Aereo and FilmOn relied on similar technology to stream TV shows without getting licenses from the major networks. After Aereo lost at the Supreme Court and went bankrupt, FilmOn tweaked its litigation strategy.

Chiquita Fails to Block SEC Release of Colombian Documents

By Susan Beck |

In response to a FOIA request by the National Security Archive, the SEC plans to release sensitive documents about a Chiquita subsidiary's payments to Colombian paramilitary groups.

Benedict Morelli of Morelli Alters Ratner.

Personal Injury Firm Joins Swedish Model, Ex-Cravath Lawyer in Libel Fray

By Scott Flaherty |

The defamation suits keep piling up against Benjamin Wey, the New York-based financier and stock promoter who bills himself as an "investigative journalist" on his online magazine The Blot.

Litigator of the Week: William Dawson of Gibson Dunn

By Scott Flaherty |

Dawson successfully defended drugmaker Sanofi-Aventis against a novel False Claims Act case alleging that his client defrauded the government by improperly getting a drug patent on a blood thinner.

U.S. Securities and Exchange Commission building.

Kilpatrick Lodges New Challenge to In-House SEC Proceedings

By Scott Flaherty |

The firm hopes to reprise a rare success in a growing trickle of cases challenging the constitutionality of the SEC's administrative enforcement regime.

Adam Levitt of Grant & Eisenhofer.

Judge Certifies Class of Plaintiffs Lawyers to Sue Plaintiffs Lawyers

By Scott Flaherty |

In a dispute arising from Bayer CropScience's $750 million settlement of litigation over rice crop contamination, a judge has certified a class of plaintiffs firms to pursue unjust enrichment claims against another set of plaintiffs firms.

Joan Lukey of Choate Hall & Stewart.

Stuck Facing Sidley, Patricia Cornwell Skips Retrial in $51M Fight With Anchin

By Scott Flaherty |

After saying goodbye to a $51 million jury verdict and losing a bid to disqualify opposing counsel at Sidley Austin, crime novelist Patricia Cornwell has decided to take her fight against her former financial advisers to a federal appeals court.

Signal Bankruptcy Plan Reserves $20M for Guest Workers

By Scott Flaherty |

The plan would set aside money for more than 200 Indian workers who claimed that Signal deceived and mistreated them when they were lured to this country to help in post-Katrina cleanup efforts.

Bancroft's Paul Clement

Beanie Babies Billionaire Beats Appeal Over Tax Dodge Penalty

By Scott Flaherty |

Here’s some advice if you’re a billionaire who wants to hide millions of dollars from the U.S. government: Make sure you have plenty of supporters who will testify about your charitable side if you eventually get caught. And if you need an appellate lawyer, hire the best.

Ethan Wohl of Wohl & Fruchter. SAC Capital wants the firm to cough up details of its arrangements with outside litigation funders.

SAC Capital Pursues Discovery Over Lawsuit Funding

By Scott Flaherty |

SAC Capital wants to know who's financing a case brought by shareholders of Elan Corp. against the hedge fund.

The former headquarters of Lehman Brothers in Manhattan.

Plaintiffs Strike Out in Lehman Employee Stock Plan Case

By Scott Flaherty |

The U.S. Supreme Court's 2014 ruling in Fifth Third v. Dudenhoeffer may have transformed the pleading requirements for ERISA plaintiffs, but it couldn't save claims against the administrators for Lehman Brothers Holding Inc.'s employee stock ownership plan.

Kasowitz Firm Wins Trial Over Stent Patent

By Scott Flaherty |

After 10 years of litigation, a federal jury found that Boston Scientific's Express stent infringed a patent held by Dr. G. David Jang, and that the company breached a 2002 agreement with Jang. The doctor is seeking more than $100 million.

Sirius XM Accused of Stiffing Class in $210M Copyright Deal

By Lisa Shuchman |

Sirius XM's settlement with major record labels improperly sidelined copyright claims by the rock band the Turtles, ignored the class that the band's founders represent and neglected to include attorney fees for class counsel, the band's attorneys argued on Wednesday.

Litigators of the Week: Matthew McGill of Gibson Dunn and Thomas Mayer of Kramer Levin

By Scott Flaherty |

When bondholders challenged a Puerto Rico debt restructuring law, their lawyers set off on a difficult quest to convince a federal judge in San Juan to invalidate the law aimed at helping the commonwealth grapple with crippling municipal debt.

Plaintiffs Ordered to 'Start Over' On Eve of Securities Class Action Trial

By David Bario |

U.S. District Judge Sam Sparks in Austin let a group of lawyers have it this week after he was forced to scuttle a long-planned securities class action trial against drugmaker Pain Therapeutics Inc.

Apple Knocks Out $533 Million Smartflash Damages Verdict

By Scott Flaherty |

The company's lawyers at Ropes & Grey and Gibson Dunn won a damages retrial in an East Texas showdown with patent holder Smartflash LLC.