Top Stories

NCUA Win in Barclays Case May Hurt Credit Suisse, Other Banks

By Scott Flaherty |

Handing a win to Kellogg Huber's David Frederick, the Tenth Circuit reinstated the National Credit Union Administration's lawsuit against Barclays PLC over allegedly shoddy mortgage-backed securities.

PwC, Citco Must Face Madoff Feeder Fund Class Action

By David Bario |

Thought major investor class action litigation sparked by the Bernie Madoff affair was over? Think again.

U.S. Patent & Trademark Office.

Winston & Strawn Scores for ISE in E-Trading Patent Row

By Scott Flaherty |

The U.S. Patent and Trademark Office dealt a blow this week to the Chicago Board Options Exchange, invalidating three patents that the CBOE had asserted in an infringement lawsuit against International Securities Exchange.

J&J Cements Bellwether Win in Pelvic Mesh Cases

By Susan Beck |

Over the past three years, Johnson & Johnson has spent more than $3.4 billion litigating cases involving its medical devices. At least some of that investment continues to pay off, as earlier this week the company again defeated an early test case involving one of its most embattled products.

Intellectual Ventures Must Face Antitrust Claims in Banking Patent Fight

By Scott Flaherty |

Fanning the flames of a patent dispute between patent licensing giant Intellectual Ventures and Capital One, a judge ruled that the bank's lawyers can pursue claims that IV abused its patent portfolio to "hold up" the banking sector.

Justices Won't Put Brakes on 'Largest Class Action Ever'

By Scott Flaherty |

Declining to review a price-fixing case that defense lawyers have dubbed the "largest class action ever certified," the Supreme Court on Monday deprived Gibson Dunn's Ted Boutrous of a chance to slay another giant class suit, as he did inWal-Mart v. Dukes.

Cohen Milstein Beats Claims It Usurped 'Police Power' in Painkillers Case

By Scott Flaherty |

Facing accusations by the city of Chicago that they hid the truth about addictive painkillers, a quintet of drug companies took aim at the city's decision to hire a private law firm, Cohen, Milstein Sellers & Toll, to prosecute the case.

New Patent Headaches Plague Apple

By Scott Flaherty |

The company last week found itself coping with a $530 million infringement verdict and new multifront IP battle with Ericsson Inc.

Soulless Corporations Can't Be Witnesses, Judge Rules in Dole Case

By Scott Flaherty |

The U.S. Supreme Court may treat corporations like people when it comes to making political donations, but there's at least one place where only a human being will do: a Delaware witness stand.

Macy's Herald Square

Jones Day Scores Again for Macy's in J.C. Penney Appeal

By Scott Flaherty |

Jones Day partner Theodore Grossman made good—and then some—on his big win last year for Macy's in its fight with J.C. Penney over the Martha Stewart brand.

Attorney Kent Yalowitz

Litigator of the Week: Kent Yalowitz of Arnold & Porter

By David Bario |

Yalowitz said the Anti-Terrorism Act case he took to trial against the Palestinian Authority and the PLO "was a very, very tough case to carry." But carry it he did, all the way to a $655.5 million verdict this week.

Bank of America Inks $300M Deal to End Fontainebleau Case

By Scott Flaherty |

After more than five years of litigation stemming from the collapse of the massive Fontainebleau casino project on the Las Vegas strip, Bank of America Corp. and a group of term lenders decided to pick up their chips and walk away.

Wachtell Wins Round in Fight With Icahn, CVR

By Susan Beck |

Wachtell won a potentially crucial ruling in its nasty battle with Carl Icahn and CVR Energy Inc. But the litigation isn't over.

Apple headquarters at 1 Infinite Loop in Cupertino

East Texas Jury Hits Apple With $533 Million Patent Verdict

By Scott Flaherty |

Apple and its lawyers at Ropes & Gray lost the year's first mega-patent infringement verdict this week, when a jury in Tyler, Texas, awarded nearly $533 million to patent licensing company Smartflash LLC after finding that Apple willfully infringed three data storage patents.

A Light at the End of the Engle Tunnel?

By David Bario |

Has the settlement dam finally broken in the so-called Engle progeny Florida tobacco litigation? Or will the big cigarette makers continue trying to plug the dike?

UBS Can't Dodge Ex-Banker's SOX Retaliation Claims

By Scott Flaherty |

Partly rejecting a motion to dismiss filed by Gibson Dunn's Eugene Scalia, a judge allowed an ex-UBS banker to pursue claims that he was fired for refusing to exaggerate the quality of the bank's commercial mortgage-backed securities.

Pandora's Anti-SLAPP Gambit Fails in Pre-1972 Copyright Fight

By Scott Flaherty |

A judge in Los Angeles rejected arguments by Pandora's lawyers at Latham & Watkins, who hoped to put an end to class action copyright claims brought by founders of the band The Turtles.

Roche Ruling Puts Thousands of Accutane Cases in Jeopardy

By Scott Flaherty |

Twelve years into sprawling litigation over its blockbuster acne drug, Hoffmann-La Roche and its lawyers at Covington & Burling convinced a New Jersey judge that plaintiffs had "cherry-picked" scientific research to suggest that Accutane use can cause Crohn's Disease.

Stem cells

High Court Rejects Embryonic Stem Cell Patent Appeal

By Lisa Shuchman |

Dealing a blow to a non-profit that hoped to invalidate a controversial stem cell patent, the U.S. Supreme Court on Monday declined to wade into a fight over the rights of third parties to challenge decisions by the U.S. Patent and Trademark Office.

PLO Terror Verdict Looms Over Arab Bank Case

By Julie Triedman |

Monday's $655.5 million verdict against the Palestinian Authority and the Palestine Liberation Organization doesn't bode well for Jordan-based Arab Bank, which faces a terrorism-funding damages trial this summer.

Manhattan Supreme Court and the Thurgood Marshall U.S. Courthouse at Foley Square

Palestinian Groups Await Verdict in $1B Terrorism Trial

By Julie Triedman |

Arnold & Porter's Kent Yalowitz told jurors in the landmark Anti-Terrorism Act trial to hit the Palestinian Authority and the PLO "where it hurts most: in the wallet."

Fourth Circuit Slams EEOC in Freeman Race Bias Case

By Scott Flaherty |

Siding with defense lawyers at Akin Gump, the court affirmed a judge's decision to toss the EEOC's case due to a "mind-boggling" number of errors by the agency's expert witness.

Weil Snags $16M Award in SESAC Antitrust Deal

By Scott Flaherty |

When Weil, Gotshal & Manges gets pulled into an antitrust class action, it's usually playing defense. But a bit of role-reversal paid off for Weil this week, when a judge awarded the firm $16 million in class counsel fees and signed off on a $58.5 million settlement it negotiated with the performance rights organization SESAC.

The Turtles.

No Sanctions, but No Relief for Sirius XM in Copyright Fight

By David Bario |

A California federal judge on Thursday rejected dueling Hail Mary motions by both sides in a key battle over copyrights to pre-1972 recordings.

Litigation Gamble Fails for AmEx With DOJ Antitrust Win

By Scott Flaherty |

When antitrust regulators challenged rules that card companies imposed on merchants, Visa and MasterCard settled, while American Express opted to roll the dice in court. But despite the efforts of AmEx's lawyers at Cravath and Boies Schiller, the bet hasn't paid off.

Litigators of the Week: Steven Kobre of Kobre & Kim and Herbert Stern of Stern & Kilcullen

By David Bario |

The pair helped Chevron chalk up another win in its epic fight with Ecuadorean environmental plaintiffs, forcing online poker magnate Russell DeLeon to renounce his $23 million investment in the Ecuador case.

Judge Nixes Constitutional Challenge to PTAB Patent Reviews

By Scott Flaherty |

A federal judge in Alexandria ruled that plaintiff eCharge Licensing brought its case prematurely, and that its constitutional arguments were likely to fail in any case.

Fired Allen & Overy Lawyer Must Get Psych Exam in Harassment Case

By Scott Flaherty |

Allen & Overy scored an unusual appellate win this week in its fight with a onetime lawyer at the firm who was fired after authoring an erotic novel, persuading a court in New York that the woman must submit to a psychological examination.

Troll or Copyright Crusader? Freeplay Trades Lawsuits With YouTube Giants

By Scott Flaherty |

A week after being labeled a "troll" for allegedly extorting fees from businesses that manage YouTube channels, Freeplay Music tapped Baker & Hostetler to show it's nowhere near backing down from enforcing its copyrights.

Lawyers Chosen to Lead Home Depot Data Breach Cases

By Scott Flaherty |

A federal judge in Atlanta appointed co-lead counsel from a half-dozen firms to spearhead the litigation, giving the retailer's lawyers at King & Spalding and Alston & Bird an idea of who their main adversaries will be.

Chesapeake Energy Sues Over Alleged Theft of Trade Secrets by Ex-CEO

By Scott Flaherty |

Houston trial lawyer Mark Lanier will face off against Duane Morris and Williams & Connolly in what promises to be a high-profile trade secrets dispute between Chesapeake Energy Corp. and American Energy Partners LP, a company founded by former Chesapeake CEO Aubrey McClendon.

Litigation Funder Who Helped Underwrite Ecuador Case Settles with Chevron

By Scott Flaherty |

On Monday, Gibraltar-based billionaire James Russell DeLeon renounced his financial support for a controversial environmental suit in Ecuador against oil giant Chevron.

How J&J's Bid to Probe Pelvic Mesh Solicitations Fizzled

By Scott Flaherty |

Was Johnson & Johnson's unusual discovery request in the pelvic mesh case an attempt to make a principled stand against fraud and harassment? Was it a bid to smear legitimate plaintiffs and overwhelm their lawyers? Or was it something in between?

U.S. Capitol.

The Global Lawyer: Terror Plaintiffs Have Friends in Washington

By Michael D. Goldhaber |

Holy Moussaoui! Congress is set to pass a bill that would clear the way for 9/11 litigation.

Over Objection, Record TCPA Settlement Makes for Record Fees

By Scott Flaherty |

A $15.7 attorney fee award for the lawyers behind a record-breaking TCPA settlement with Capital One was less than the plaintiffs asked for, but far more than class action objector Theodore Frank would have given them.

Daryl Joseffer of King & Spalding

Dechert, King & Spalding Beat Back Soverain Patent Appeal

By Scott Flaherty |

Handing a win to Victoria's Secret and Avon Products, the Federal Circuit ruled that Soverain couldn't escape an earlier ruling invalidating its patents in case involving the online software retailer Newegg Inc.

Amy Caton

Litigator of the Week: Amy Caton of Kramer Levin

By Scott Flaherty |

Kramer Levin Naftalis & Frankel’s Amy Caton is no stranger to litigating high-profile bankruptcy matters. But few cases require overturning a law to serve your client’s interests.

U.S. Securities and Exchange Commission building.

SEC Rears Its Head in Icahn Case Over Wachtell Advice

By Scott Flaherty |

CVR Energy revealed that it's under investigation over securities disclosures it made before Carl Icahn’s successful takeover bid three years ago—and it blamed Wachtell for putting the company in the SEC’s sights.

Investors Line Up for Looming Libor Appeal

By Scott Flaherty |

Less than a month after the Supreme Court reignited sprawling antitrust litigation accusing major banks of conspiring to fix the London Interbank Offered Rate, the stage is quickly being set for the next big Libor battle at the Second Circuit.

The federal courts building in Manhattan.

Wage-and-Hour Plaintiffs Dodge Bullet in Class Action Appeal

By Scott Flaherty |

Plaintiffs employment lawyers breathed a collective sigh of relief on Tuesday, when the Second Circuit reined in an expansive view of U.S. Supreme Court precedent that would have severely hobbled wage-and-hour class actions.

Judge Rules Sirius Can Seek Appeal on Pre-1972 Recordings

By Lisa Shuchman |

A federal judge in Manhattan ruled that she’ll allow Sirius XM Radio to ask the Second Circuit to immediately review her ruling that holders of common law copyrights to pre-1972 songs have exclusive public performance rights to their recordings under state law.

Cravath’s Next Qualcomm Assignment: Fending Off the FTC

By Scott Flaherty |

Cravath, Swaine & Moore may have taken a back seat in Qualcomm Inc.'s $975 million settlement with Chinese antitrust authorities. But there’ll be plenty more work for the firm before Qualcomm’s regulatory and litigation troubles are over.

Target Wins First Amendment Fight With Rosa Parks Nonprofit

By Scott Flaherty |

A nonprofit cofounded by late civil rights icon Rosa Parks can't block Target Corp. from selling merchandise that bears Parks' likeness, a federal judge in Alabama ruled Monday.

Sprint Evens Score (and Then Some) in Comcast IP Fight

By Lisa Shuchman |

Handing a victory to Sprint’s lawyers at Shook Hardy & Bacon, a Delaware jury put Comcast on the hook for about $28 million just months after Comcast won $7.5 million from Sprint in a related patent case.

Symantec headquarters in Mountain View, Calif.

Intellectual Ventures Wins $17M in Mixed Patent Verdict

By Scott Flaherty |

Symantec Corp. couldn’t persuade a judge that Intellectual Ventures was asking too much for patents it acquired on the cheap, but its lawyers at Latham & Watkins at least got a jury to limit the damage.

Q&A: Weil's Jonathan Polkes on Marsh's Showdown with Former Execs

By Scott Flaherty |

Until Polkes' recent victory in a case against Marsh & McLennan, New York's federal courts hadn't ruled squarely on a big issue for employers: Can a company being probed for potential wrongdoing legally fire employees because they refuse to cooperate with an internal investigation?

Sun-Times Loses First Amendment Fight Over Cops' Personal Info

By Scott Flaherty |

The Chicago Sun-Times lost a battle over its right to report on its hometown on Friday, when an appeals court ruled that the U.S. Constitution doesn't give the newspaper a license to publish personal information gleaned from driving records.

Steven Donziger

The Other Unasked Chevron Question: Where's the Bar?

By Michael D. Goldhaber |

As Second Circuit arguments draw near in Chevron v. Donziger, some have called for criminal prosecution of Chevron's nemesis. A better idea is ethical discipline, says The Global Lawyer.

Fourth Circuit Trashes $600M 'Spam Trap' Case Against Kraft

By Scott Flaherty |

The appeals court ruled that a company that intentionally solicited spam emails can't seek more than $600 million from Kraft Foods Inc. and another defendant just because they took the bait.

Litigators of the Week: Van Beckwith and Michael Calhoon of Baker Botts

By David Bario |

Beckwith and Calhoon knew they faced a big challenge defending Russia's Gazprom against a $1.4 billion trade secrets case on Texas turf. So when they saw a chance to derail the case midway through trial, they pounced.

Federal Circuit Upholds PTO Review Process for Accused Infringers

By Scott Flaherty |

The U.S. Patent Trial and Appeal Board has become both a popular venue for accused infringers to challenge patents and a lightning rod for critics. Now the Federal Circuit has completed its first full look at an AIA review, and offered its stamp of approval.

UBS, SunTrust Lose Bid to Escape ResCap Mortgage Claims

By Scott Flaherty |

Lawyers at Quinn Emanuel moved a step closer this week to forcing a payout from banks that partnered with defunct mortgage lender Residential Capital before the financial crisis.

Lawyers Jockey to Lead Blood Thinner Cases Against Bayer, J&J

By Scott Flaherty |

Multidistrict litigation against Bayer and Johnson & Johnson over the blood thinner Xarelto is taking shape in Louisiana, where packs of plaintiffs lawyers are gunning for a reprise of a $650 million settlement with Boehringer Ingelheim over a similar drug.

Bank of America Can't Dodge $1.27B Countrywide Verdict

By Scott Flaherty |

Never one to mince words, U.S. District Judge Jed Rakoff had a few harsh ones for Bank of America on Tuesday, ruling that the bank "utterly failed" to offer a compelling reason to retry a mortgage fraud case that put it on the hook for $1.27 billion.

Standard & Poor's headquarters at 55 Water St.

S&P Deal Shouldn't End Scrutiny of Rating Agencies

By Susan Beck |

Evidence cited in a recent SEC report suggests that conflicts of interest at the rating agencies continue. So why won't the SEC name the offenders?

The U.S. Court of Appeals for the Federal Circuit in Washington, DC.

Federal Circ. Rules Camera Makers Can't Dodge Patent Claims

By Scott Flaherty |

Since it was founded in 2012, the IP boutique Fisch Sigler has made its name with defense wins for the likes of Amazon.com and the Gap. The firm showed its versatility on Monday, scoring an appellate reversal for plaintiff Papst Licensing in a case against a slew of digital camera makers.

Will Weil's Latest Victory Stick in Denture Glue MDL?

By Scott Flaherty |

Weil, Gotshal & Manges just keeps chipping away at 6-year-old allegations that Procter & Gamble's Fixodent denture glue causes neurological damage.

Van Beckwith of Baker Botts

Baker Botts Derails $1.37B Gazprom Case in Trial Stunner

By David Bario |

Smack in the middle of a $1.37 billion trade secrets trial against Russia's OAO Gazprom, plaintiff Moncrief Oil International abruptly agreed to drop the case after Gazprom's lawyers at Baker Botts uncovered evidence that a key exhibit in the trial had been faked.

Shearman Knocks Out Driver Screening IP Suit Against Daimler

By Scott Flaherty |

Siding with Daimler AG's lawyers at Shearman & Sterling, a federal judge in Chicago threw out a patent for detecting if a driver is impaired.

Warner Music Settles as Intern Fight Goes to 2nd Circuit

By David Bario |

Meanwhile, new lawsuits on behalf of unpaid interns just keep coming.

Mayer Brown Wins Injunction in Helicopter IP Row

By Lisa Shuchman |

Lawyers at Mayer Brown scored a victory in a patent fight between two of the world's biggest helicopter distributors, persuading a judge to block Bell Helicopter from selling choppers with a landing gear design that infringes a patent held by Airbus.

Michael Dowd of Robbins Geller Rudman & Dowd.

Litigators of the Week: Michael Dowd and Jason Forge of Robbins Geller

By Scott Flaherty |

Pfizer Inc. and a phalanx of defense lawyers spent five years trying to defeat an investor class action related to off-label drug marketing. But Robbins Geller kept the case alive until a looming trial pressured the drug maker to cut a $400 million deal.

Boies Wins Discovery Fight in Bank of China Terror Funding Case

By Julie Triedman |

Over the objections of defense lawyers at Dorsey & Whitney and Squire Patton Boggs, Bank of China was ordered to turn over internal investigation records that could help plaintiffs tie the bank to a 2006 Palestinian terrorist attack.

Banks Lose Bid to Escape Forex Antitrust Class Action

By Scott Flaherty |

A Manhattan federal judge on Wednesday delivered an early-inning win to plaintiffs lawyers at Hausfeld LLP and Scott & Scott in a suit accusing a dozen major banks of widespread manipulation of the $5 trillion-a-day foreign exchange market.

U.S. District Judge Naomi Reice Buchwald

Investor Groups Ask to Join Libor Antitrust Appeal

By Scott Flaherty |

Now that the U.S. Supreme Court has ruled that bond purchasers can try to revive antitrust claims over alleged manipulation of the Libor interest rate, other key Libor plaintiffs are urging a judge not to leave them on the sidelines.

U.S. District Judge J. Paul Oetken

Weil Helps Marsh & McLennan Dodge Claims by Former Execs

By Julie Triedman |

In tossing contract claims by two former Marsh & McLennan executives, a judge in New York signaled that companies facing government probes can reasonably expect employees to cooperate with internal investigations even if they risk self-incrimination.

Terry Collingsworth

Human Rights Lawyer Defends Actions in Chiquita War Crimes Case

By Scott Flaherty |

Chiquita's lawyers at Covington & Burling say Terry Collingsworth may have proposed paying former Colombian paramilitaries to give false testimony. Collingswoth maintains that the plaintiffs did nothing wrong, and that Chiquita just wants to postpone a reckoning of its conduct in Colombia's bloody civil war.

Report Says Securities Class Actions Fizzled in 2014

By Scott Flaherty |

A rising tide may lift all boats, but a rising stock market may be helping to sink the fortunes of the securities class action plaintiffs bar.

The federal courts building in Manhattan.

Interns, Employers Prepare for Second Circuit Showdown

By Scott Flaherty |

The court is poised to hear two appeals this week stemming from a rash of class actions brought by disgruntled unpaid interns. The outcome could determine whether the litigation was just a flash in the pan for the interns' enterprising lawyers—or if it's just getting started.

California Appeal Looms Over Sirius Copyright Fight

By Scott Flaherty |

Courtroom setbacks for Sirius XM Radio spawned a fresh wave of copyright lawsuits last week. But Sirius could begin to reverse the plaintiffs' momentum if a California appeals court grants the company's pending plea for intervention.

Wal-Mart, Biz Groups Look to Topple Gun Sales Proposal

By Scott Flaherty |

Backed by business groups, Wal-Mart Stores Inc. and its lawyers at Gibson, Dunn & Crutcher fired their opening shots this month in a federal appeal over shareholder efforts to challenge Wal-Mart's sales of guns and other "offensive" products.

Matthew Moore

Jaguar, Ford Defeat Auto Display Patent Claims

By Scott Flaherty |

Barring a reversal, Wednesday's ruling signals the successful conclusion of a three-year patent battle for the two automakers, which were represented by lawyers at Latham & Watkins and the boutique firm Erise IP.

William Jay of Goodwin Procter

Litigator of the Week: William Jay of Goodwin Procter

By Scott Flaherty |

Jay scored a key patent victory for Teva at the U.S. Supreme Court, reversing a loss for his client and persuading the court once again to rein in the U.S. Court of Appeals for the Federal Circuit.

Sheldon Silver

With Silver Allegations, 'Prestige' Hire Backfires for Weitz & Luxenberg

By David Bario |

The asbestos plaintiffs firm Weitz & Luxenberg told federal investigators that it hired New York Assembly Speaker Sheldon Silver in order to grow the firm's "prestige," not to gain client referrals. But things didn't exactly turn out that way.

Thomas Goldstein of Goldstein & Russell

Supreme Court Rules Investors Can Appeal Libor Ruling

By Scott Flaherty |

Handing a win to appellate specialist Thomas Goldstein of Goldstein & Russell, the U.S. Supreme Court ruled Wednesday that a group of bond purchasers can't be forced to wait to appeal a ruling dismissing antitrust claims over alleged manipulation of the Libor interest rate.

U.S. Securities and Exchange Commission building.

S&P's Litigation Woes Continue After SEC Deal

By Scott Flaherty |

Standard & Poor's agreed Wednesday to suspend part of its business and to fork over nearly $80 million to federal and state regulators. But S&P's lawyers still have their work cut out for them in government actions stemming from the financial crisis.

Judge Sides with Dish in Fox Copyright Ruling, Says Aereo No 'Game-Changer'

By Scott Flaherty |

Dish and its lawyers at Orrick came out ahead in an important early test of the Supreme Court's decision in American Broadcasting Companies v. Aereo, largely escaping Fox Broadcasting's copyright claims over technology that records network television and replays it commercial-free.

U.S. Federal Trade Commission building

Eleventh Circuit Sides With FTC in LabMD Data Breach Case

By Scott Flaherty |

The court rejected a bid by LabMD and its lawyers to halt an FTC administrative proceeding stemming from a 2008 breach of patients' confidential information.

Supreme Court Rejects Teva Appeal in Drug Labeling Case

By Scott Flaherty |

Dealing a blow to Teva Pharmaceuticals and its lawyers at Kirkland & Ellis, the high court declined to hear a closely watched appeal over when federal law preempts patient lawsuits against generic drug companies.

U.S. Securities and Exchange Commission building.

Ex-S&P Exec Joins Battle Against SEC Administrative Actions

By David Bario |

A quartet of lawsuits challenging the SEC's in-house enforcement actions became a quintet on Friday, signaling that it may take a federal appeals court—and perhaps even the U.S. Supreme Court—to decide once and for all whether the agency's administrative proceedings pass muster.

Credit Suisse in Plaintiffs' Sights After Freeport-McMoRan Deal

By Julie Triedman |

There was plenty about this week's $137.5 million Freeport-McMoRan settlement to fire up the shareholder M&A litigation bar. But the next chapter in the Freeport case could be even more interesting.

Delaware Drug Patent Cases Test Jurisdiction After Daimler

By Scott Flaherty |

After the Supreme Court's ruling in Daimler v. Bauman, lawyers for N.J.-based Mylan Pharma told a Delaware judge that the company didn't expect to be sued in the state ever again. Instead, the latest post-Daimler ruling tightens the state's claim to jurisdiction even further.

Stephen Korniczky

Litigator of the Week: Stephen Korniczky of Sheppard Mullin

By Scott Flaherty |

Korniczky didn't just soundly defeat a patent lawsuit against his client HTC. After six years of litigation—and some help from his big brother—he turned the tables so thoroughly on his opponent's lawyers that they're now on the hook for as much as $4.7 million in sanctions.

Vermont Keeps Case Against 'Patent Troll' MPHJ in State Court

By Lisa Shuchman |

After repeatedly failing to thwart a lawsuit brought by Vermont's attorney general, MPHJ Technology Investments suffered another setback this week when a federal judge remanded the AG's case to state court for the second time.

Court OKs New Arbitration over Citi's $7.5B Abu Dhabi Deal

By Scott Flaherty |

The Abu Dhabi Investment Authority and its lawyers at Quinn Emanuel are finally getting some good news in their long-running fight with Citigroup Inc.

Raymond Niro

Niro Firm Looks to Revive RPX Corp. Antitrust Suit

By Scott Flaherty |

After making headway in a patent infringement lawsuit targeting Samsung and HTC, Cascades Computer Innovation, a descendent of the "original patent troll," is now looking to reboot its related antitrust case against "defensive patent aggregator" RPX.

Letter: In Defense of U.S. Circuit Judge William Pryor Jr.

Former Alabama Attorney General William Baxley II responds to American Lawyer columnist Susan Beck's depiction of an Eleventh Circuit ruling on workplace discrimination.

Kirkland Scores Again for Bard in $1.9 Billion Patent Fight

By Julie Triedman |

The firm cemented a hard-fought patent victory for client C. R. Bard on Tuesday, fending off the latest appeal in a case that's already cost rival medical device maker W.L. Gore $1.25 billion—and could cost it nearly $800 million more over the next five years.

The MetLife building at 200 Park Ave.

Gibson Dunn, Sullivan & Cromwell Mount Attack for MetLife

By Scott Flaherty |

The insurance giant tapped Eugene Scalia of Gibson Dunn and S&C's H. Rodgin Cohen to file a first-of-its-kind lawsuit challenging the federal government's designation of the company as a "systemically important" financial institution subject to stricter regulation.

McKenna Long Can't Dodge Arbitration Over Patent Campaign

By Lisa Shuchman |

A federal judge refused to let the firm off the hook in an arbitration stemming from an investment fund's loan of more than $20 million to fuel patent infringement litigation. 

JPMorgan Must Face Trustee's $500 Million MBS Suit

By Scott Flaherty |

Siding with Quinn Emanuel and reversing his own prior ruling, a judge breathed new life into a lawsuit against JPMorgan Chase and EMC Mortgage over $500 million in mortgages that now-defunct Bear Stearns bundled into securities and sold to investors.

The U.S. Supreme Court building

High Court Rejects Appeal Over Agency's Deadline to Sue Banks

By Scott Flaherty |

The U.S. Supreme Court refused to consider whether the National Credit Union Administration waited too long to sue over billions of dollars in allegedly shoddy securities. But questions underlying the banks' challenge still may not be fully resolved.

Shirley Werner Kornreich

N.Y. State Judges Taking Hard Line on Shareholder Deals

By Susan Beck |

The latest "disclosure-only" shareholder settlement to draw a judge's ire would have resolved litigation over Martin Marietta Materials Inc.'s $2.7 billion acquisition of Texas Industries.

JPMorgan Inks Deal to End Bear Stearns Securities Class Action

By Scott Flaherty |

The bank agreed to pay about $500 million to resolve class action claims stemming from Bear Stearns' sale of nearly $17.6 billion of the securities prior to the 2008 financial crisis.

The federal courts building in Manhattan.

New York Terror Trial Targets Palestinian Authority, PLO

By Julie Triedman |

Opening statements are set for Tuesday in the latest international terrorism trial to come to New York, pitting U.S. terror victims and their families against the Palestinian Authority and the Palestine Liberation Organization.

Kevin Abrams

Litigator of the Week: Kevin Abrams of Abrams & Bayliss

By Scott Flaherty |

Siding with Abrams, a Delaware judge refused to foist new rules on hedge funds using a strategy called appraisal arbitrage to squeeze profits out of allegedly undervalued M&A deals.

Eighth Circuit Tosses Cy Pres Award in Bank of America Case

By David Bario |

In the latest appellate victory for Theodore Frank of the Center for Class Action Fairness, a panel overturned a judge's decision to award funds left over from a $490 million securities class action to a Missouri legal charity.

Symantec headquarters in Mountain View, Calif.

Judge Nixes 'Patent Troll' Label as Intellectual Ventures Trial Looms

By Scott Flaherty |

Lawyers at Latham & Watkins representing Symantec Corp. can't refer to Intellectual Ventures as a "troll" or bash the USPTO for issuing bad patents when a scheduled trial gets underway later this month, a Delaware judge has ruled.

Chiquita Plaintiffs Take Alien Tort Case to High Court

By Scott Flaherty |

After Covington & Burling derailed efforts to hold Chiquita Brands International liable for facilitating war crimes in Colombia, human rights lawyers have turned to the U.S. Supreme Court in hopes of resurrecting their claims under the beleaguered Alien Tort Statute.

Travelers Stuck With $500M Tab in Manville Asbestos Saga

By Scott Flaherty |

After striking out at the Second Circuit, will Simpson Thacher try one more appeal in its long-running efforts to free Travelers Indemnity Co. from more than half a billion dollars in asbestos liability?