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.”
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.
“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.
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.
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?
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.
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.
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.
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.
There’s a fine line between government settlements that promote justice and those that amount to windfalls for select non-profit organizations.
It probably shouldn’t come as a surprise: CrossFit will kick your butt in court.
For such a frequent litigant, Donald Trump sure does stink at being a client. It’s a standard instruction, for god’s sake. Don’t talk about your case. Keep your mouth shut and let your lawyers do their thing.
Not even the former solicitor general could save a $10 billion fraud suit against Barclays Bank PLC. It was a big victory for Willkie Farr and Gallagher—and a nice illustration of why you don’t change horses in mid-stream.
Andrew Tulumello co-chairs Gibson Dunn and Crutcher’s sports law practice, so he’s familiar with the term “double play.” He pulled one off this week, bringing home two big victories for his clients, including a Supreme Court win.
It’s getting hot outside, and the lateral litigator market is heating up too. High profile real estate and IP litigators found new homes in May, with MoFo and Fried Frank among the winners.
Of all the injustices crying out to be righted, slack fill ranks pretty low. But that hasn’t stopped plaintiffs lawyers from bringing a flurry of cases against food and drug companies for under-filling their packaging, leaving empty, non-functional “slack fill” space. But not all cases are created equal.
When a lawsuit involves an antitrust conspiracy with nearly $1 billion on the line, when the case has been covered by media including ABC News, Time Magazine and the Associated Press, when it involves the epitome of a sexy topic—cheerleaders for god’s sake—that’s not usually when a federal judge will urge counsel to let junior associates have a crack at oral argument.
Defending JAMS Inc. and one of its neutrals over resume padding charges, these litigators soldiered through an unconventional three-week trial in San Diego Superior Court only to be faced with a possible jury deadlock.
Poor U.S. District Judge Joseph Goodwin. The West Virginia judge had the biggest backlog of any federal judge in the country, with 20,139 cases pending for more than three years, according to a new report. Who else is in the slow lane?
Trump Taps Kasowitz—but Why Stop There? Elevator Pitch Suggestions for Olson, Giuffra and WeingartenBy Jenna Greene |
President Donald Trump will reportedly hire Marc Kasowitz as outside counsel to assist in the Russia probe. But why have just one first-chair litigator? Theodore Olson, Robert Giuffra Jr. and Reid Weingarten are also said to be in the running to join the team. What might their elevator pitches sound like?
Former FBI Director Robert Mueller III seemed like the perfect pick for special counsel. Except until last week, he was a partner at Wilmer Hale—where his colleague in the firm’s Washington, D.C. office, a fellow member of both the strategic response and regulatory and government affairs groups, was Jamie Gorelick. Jared Kushner’s lawyer. This could be a problem. A big one.
It was a one-two punch for Simpson Thacher & Bartlett litigator Joseph McLaughlin, who racked up a pair of wins this week.
Cohen Milstein Sellers & Toll partner Joseph Sellers just won approval of a major settlement in a decades-old discrimination class action, for what he hopes is the last time.
A team from Kirkland & Ellis led by partner Craig Primis persuaded a federal judge in New York to toss a pair of suits alleging that Facebook Inc. supports terrorist organizations by allowing the groups to use its platform.
Lawyers from Akin Gump Strauss Hauer & Feld made short work of conservative radio host Alex Jones, who attacked their client Chobani yogurt for “importing migrant rapists.”
Amidst rumors of an impending White House staff shakeup, there’s a new name on the potential hit list: White House Counsel Donald McGahn. It might not be such a bad idea.
Judicial bias is a tricky thing. It shouldn’t exist, of course—donning a black robe should confer superpowers that remove all traces of prejudice from the human mind. But in the real world, it’s not so simple. Which is why a complaint filed on Tuesday against a Kentucky judge raises some difficult questions.
It was a sad, sordid case, and it came to a merciful end on Friday, when the U.S. Court of Appeals for the Third Circuit dismissed it with prejudice, handing a win to lawyers from Quinn Emanuel Urquhart & Sullivan.
Just wondering—did you as a firm by chance notice how the president treated Deputy Attorney General Rod Rosenstein last week? Did it give you pause before staking the reputation of your 144-year-old firm on a pledge that Trump has no financial ties to Russia, nope, no siree?
You might say Wilmer's William Lee and Joseph Mueller were in a good position heading into trial in Delaware on behalf of Intel Corp. The day it began, the judge compared their opponent’s case to someone “floating off into the inky blackness of space with no hope of survival or rescue.”
Good things come in threes for securities litigators at Wilson Sonsini Goodrich & Rosati, who racked up three wins in less than a week.
How did Rod Rosenstein, who for two weeks basked in the glow of being one of the few Trump appointees that Democrats didn’t despise, agree to go along with this? Was this the price of being the DAG? Calling Faust—Mephistopheles has a very attractive political appointment for you.
If David Boies and co-counsel from Skadden had prevailed before the U.S. Court of Appeals for the Federal Circuit on Tuesday, the government would have owed their clients at least $18.3 billion for claims that an amicus called "a stunning example of avarice."
It’s almost a given: the more horrific the injury, the more appalling the negligence, the more likely the inevitable lawsuit will settle on confidential terms. And so went the lawsuit against a Kansas City, Kansas amusement park, where 10-year-old Caleb Schwab was decapitated on a waterslide last year. Until The Kansas City Star got involved, that is.
Four Top Litigators Compete for Bragging Rights and a $40,000 Prize: Who Gave the Best Closing Argument?By Jenna Greene |
Talk about a jury of your peers. Four of the top litigators in the country went toe-to-toe Friday at the annual meeting of the litigation section of the American Bar Association in San Francisco, competing before hundreds of attendees to see who gave the best closing argument. Each lawyer ponied up $10,000 to compete.
What do you give a lawyer who has everything? Besides a Ferrari, that is. For the stalwart vendors who exhibit at legal conferences, it’s a dilemma.
A federal jury in New Orleans deliberated for less than two hours before coming back this week with a defense win in the first bellwether trial over the blood thinner Xarelto. That’s a bona fide slam dunk--even for lead defense counsel Beth Wilkinson, who’s notched a streak of trial victories in her career.
The same day that Justice Department lawyers won a criminal conviction against Desiree Fairooz for laughing during the confirmation hearing of Attorney General Jeff Session, they also announced that they didn’t have enough evidence to bring charges against the Louisiana police officers involved in the shooting death of Alton Sterling. Is this how it’s going to be, Mr. Attorney General?
“No one has a ‘right’ to a security clearance,” the U.S. Supreme Court held 30 years ago in a rare case addressing the issue. Unless, apparently, your name is Jared Kushner.
Add this to the list of things judges don’t like: When they make an erudite ruling from the bench dismissing a suit—and five seconds later are told by the plaintiffs’ lawyers that there’s a new witness, and could they please re-file the case? Yes, apples are juicy and delicious, but how many bites do you get?
Nothing like a mega-merger to shake up the legal market. Some of the biggest lateral litigator moves this month have come before the impending nuptials of Norton Rose Fulbright and Chadbourne & Parke. Meanwhile, Kirkland & Ellis landed a huge catch, and a trio of Big Law litigators launched a trial boutique.
It all comes back to square one. That’s how Gibson Dunn appellate litigator Theodore “Ted” Boutrous Jr. describes his strategy for handling appeals—and it helped Travelers Insurance dodge a $36 million bullet.
Litigators from Kirkland & Ellis and Crowell & Moring scored a $109 million win for their railroad clients in a contract fight with FirstEnergy Solutions Corp. over transporting coal.
I admit, I have a judge crush on William Orrick III, whose place in my affection was cemented when he blocked President Trump’s executive order on sanctuary cities. And while he may be a "single, unelected judge," it's a good bet that he knows more about immigration law than the entire White House staff.
Radio host Alex Jones is telling millions of listeners that Akin Gump was actually founded by George Soros--or as Jones calls him, the “Nazi collaborator demon.” That's how Jones explains the firm's representation of yogurt maker Chobani, which just sued him for defamation. Ridiculous? Yes. But a little bit scary too.
Is this the death of workplace civility? Open season against employers on Facebook? If you add “#Union” to a post, are you now free to say whatever horrible things you like? Calm down, not so fast. The Second Circuit offered a far more nuanced answer in upholding a controversial decision by the NLRB.
After appellate attorney Howard J. Bashman appeared in front of a panel of Pennsylvania Superior Court judges with a $55 million verdict against Honda at stake, he quickly jumped on his appellate blog, “How Appealing,” to say how well the arguments went, and to subtly dig the opposing counsel for alleged cell phone use in court.
These are not the best of times for the business of litigation. The market is stagnant, with clients shying away from bringing new suits, keeping more work in-house and pushing back hard on costs. In a Q&A, McKool Smith managing partner David Sochia, an accomplished litigator who has taken on the mantle of law firm strategist, shares insights on how to thrive.
Ah personal injury law. Where you take your worst fears and put a price tag on them. Here’s a particularly vivid nightmare: What’s it worth when your parachute doesn’t open? When you plummet 3,000 feet to the ground and somehow survive, but with multiple injuries? That was the question before an Oklahoma federal judge last week after a Texas girl’s 16th birthday celebration went horribly awry.
Here’s a travel ban case with a twist: live witnesses in court. On Tuesday, a federal judge in Washington, D.C. will allow testimony from witnesses including a Sheppard Mullin partner. The move seems distinctly advantageous to the plaintiffs, represented by an army of lawyers from Arnold & Porter.
Any litigator knows a case can rise or fall on the testimony of an expert witness. A New Jersey state judge made that abundantly clear when he skewered the plaintiffs’ two experts in a long-running fight over the acne drug Accutane, banning their testimony and handing a huge win to Hoffman La Roche and Covington & Burling.
For a trial lawyer, sometimes backing away from a fight is the smartest move to make. That was the lesson that Sullivan & Cromwell partner Garrard Beeney said stuck with him as he argued his way to an $814.9 million arbitration win for BlackBerry that was handed down this week.
You don’t have to be beaten and dragged off a flight to conclude that flying coach is a miserable experience these days. Wondering who to blame? Here’s a suggestion: antitrust lawyers--and yes, we're naming names. The ones who rammed through airline mergers--and the ones at DOJ who took the bait.
Arguing that Paul, Weiss, Rifkind, Wharton & Garrison will not conduct an independent inquiry, high-profile plaintiffs lawyer Lisa Bloom on Tuesday asked the New York State Division of Human Rights to investigate sexual harassment at Fox News.
Say ouch. Kimberly-Clark Corp. and spin-off Halyard Health Inc. were hit with a $454 million fraud verdict in Los Angeles federal court on Friday in a lawsuit over surgical gowns that allegedly failed to protect medical personnel from infection.
When you are president, people like to sue you. A lot.
After years of litigating a $100 million class action against Anthem Inc. by 87,000 former employees and retirees of the state of Connecticut, Adam Levin found himself anxiously awaiting the Connecticut Supreme Court’s ruling on March 31.
A team from Skadden, Arps, Slate, Meagher & Flom convinced soccer’s international governing body to lift a one-year ban on Saoud Al-Mohannadi, vice-president of the Asian Football Confederation and Qatar Football Association.
The metal detectors, bag searches and armed bailiffs that are standard in courthouses today—this is where it started. In a courtroom in San Rafael, California in 1970 where a horrifying hostage standoff left a judge dead and an assistant DA paralyzed. But Gary Thomas, who went on to become a judge, was never bitter. "I feel blessed," he said.
A man who worked briefly at Snapchat before he was fired is making explosive claims that the company misled investors about user metrics in an effort to inflate its valuation before going public--never mind that the dispute is subject to (confidential) arbitration.
Shouldn’t any diocese that turned a blind eye to pedophile priests be punished monetarily? But what if that means that church goes bankrupt, with no assets left to pay the victims? Is that justice? A federal bankruptcy judge in Minnesota wrestles with the issue.
There weren’t many run-of-the-mill lateral litigator moves in March, the kind where a mid-level partner at Big Firm A moves to Big Firm B, spouting something about platforms and synergy. Instead, the most notable March moves were propelled by something extra.
Reid Weingarten and Brian Heberlig of Steptoe & Johnson had four boxes full of evidence meant to destroy the credibility of Pennsylvania’s former treasurer on the witness stand. Turns out, they didn’t need to open a single box.
No namby-pamby ‘no comment’ for the electric car maker when it was hit with an employment discrimination lawsuit this week. Instead, Tesla practically litigated its entire case in a press release.
You always remember your first, whether it’s a kiss, a car, a parachute jump—or for a select few, your first argument before the U.S. Supreme Court. At 10 a.m. on Wednesday, O’Melveny & Myers counsel Deanna Rice will join the legal profession’s most elite club.
All but lost in the hubbub over the failure of health care reform was news that the federal government on Friday formally greenlighted the Keystone XL Pipeline. Great news for TransCanada Corp., but perhaps bittersweet for its lawyers at Sidley Austin. A stellar team of litigators was poised to break new legal ground with two novel challenges.
McKool Smith insurance recovery practice head Robin Cohen won big in Delaware, forcing insurers to pay Verizon's massive legal bill to several elite firms that successfully defended the company after a failed spin-off.
Sometimes you encounter a complaint of such breathtaking nastiness—like this beauty by Gibson, Dunn & Crutcher that evokes the movie "Jerry Maguire"—that you just have to stop and marvel.
In one way, FBI Director James Comey did Donald Trump a favor on Monday when he testified that he found “no information” to back up the president’s claims that Barack Obama wiretapped his phones.
If appellate lawyers wrote Yelp reviews, Neil Gorsuch would get five stars. At least that's the impression from lawyers who shared their memories of arguing before the Supreme Court nominee at the Tenth Circuit.
Colleen Roh Sinzdak only had a half a cup of coffee the morning before she argued against President Donald Trump’s newest immigration executive order in the U.S. District Court of Hawaii. But the Hogan Lovells associate knows she talks too fast when she’s had caffeine, and she’s “never argued a case of this magnitude" she said. Little wonder.
It’s like something out of “The Terminator.” A Michigan woman who worked in an auto parts factory was killed by a robot that inexplicably left its section and came into hers, where it “hit and crushed [her] head between a hitch assembly.”
When I first sat down to meet Rosanna Garcia, the CEO and co-founder of an AI jury selection software startup called Vijilent, she already knew I grew up in Seattle. I hadn’t told her that yet. But she knew anyway.
Five. That’s how many wins Latham & Watkins partner Matthew Moore racked up in a single day before the U.S. Court of Appeals for the Federal Circuit last week
For a firm that’s barely two months old, litigation boutique Pierce Sergenian is making some bold projections. “I’m a bold guy,” said co-founder John Pierce, a former partner at Quinn Emanuel Urquhart & Sullivan and Latham & Watkins, and—briefly— the co-head of litigation at K&L Gates.
Beleaguered Chipotle Mexican Grill has one less thing to worry about, thanks to Kirkland & Ellis. The fast-casual restaurant chain is off the hook in a shareholder class action stemming from a rash of food poisoning outbreaks in 2015.
Winning is great—but not if your client can’t collect. Faced with a defendant who tried just about every trick to hide assets, including a bankruptcy filing, off-shore fund maneuvering and dissolution of the business, a team from Mintz Levin Cohn Ferris Glovsky and Popeo wouldn’t take no for an answer.
Following a month of trial, a Missouri jury found that Johnson & Johnson wasn’t liable for a Tennessee woman’s ovarian cancer. It was the first defense win in the talcum powder litigation for Johnson & Johnson, which was hit with verdicts of $55 million, $70 million and $72 million last year from jurors in the same St. Louis courthouse. What changed?
The legendary Hogan Lovells litigator scored a huge—and unexpected—win when a federal judge on Tuesday tossed out the jury’s guilty verdict, ruling that the Justice Department did not prove its criminal case that a prominent Kentucky cardiologist defrauded the government.
Vizio got off for peanuts last month in a settlement with the Federal Trade Commission, but the television maker may not be so lucky in a pending MDL.
“The betrayal of this family by the U.S. government shocks the conscience,” wrote lawyers from Gibson, Dunn & Crutcher and Public Counsel in a habeas petition.
Sometimes the best way to argue your case is to tell a story. Take the unconventional and deeply moving amicus brief that Cooley and the Transgender Law Center filed last week with the U.S. Supreme Court in Gloucester County School Board v. G.G.
Unless Obama used a slush fund to hire a rogue ex-spy to sneak into Trump Tower via the elevator shaft, Donald Trump probably shouldn't be making a fuss about his phones being tapped.
In what Milbank, Tweed, Hadley & McCloy describes as the largest known arbitration award involving a patent dispute, partners Chris Gaspar and Michael Nolan won confirmation from the U.S. Court of Federal Appeals for a $456 million-plus payment to their client, Bayer CropScience.
Some wins take time. Sullivan & Cromwell partners Robert Giuffra Jr. and Brendan Cullen know that for sure--it took them almost 15 years to win dismissal of a would-be class action against UBS stemming from Enron's collapse.
Don’t expect a lot of record-setting penalties or “first-ever” prosecutions coming out of the Trump administration—but litigators who specialize in False Claims Act and IP cases should stay busy.
Lateral litigator moves appear to have cooled a bit in February, but some big names still found new homes. Here are 10 of the month's most notable moves.
At a time when the ACLU is raking in donations and basking in high-profile love (those blue ribbons at the Oscars? OMG!), the Legal Services Corp. is like the mousy, overlooked sister—not nearly so glamorous, but doing work that is absolutely essential. We cannot allow it to be destroyed.
It would certainly help jurors to pay attention, or at least not fall asleep. But would virtual reality re-creations really get a jury closer to the truth?
Lawyers from Covington & Burling faced a formidable opponent and carried the burden of proof. But the team overcame those challenges to persuade a jury that the federal government should return assets seized from a Chinese couple running an import-export business.
Arnold & Porter Kaye Scholer counsel Krista Carter faced a hot bench at the Federal Circuit earlier this month as she defended what looked like a bulletproof patent infringement judgment.
Since the election, the American Civil Liberties Union has raked in $79 million in online contributions. Here's how it plans to use the money.
From the beginning, the Kirkland team’s strategy was to make it impossible for Florida to build its case against Georgia in an epic battle over water rights.
In an interview by phone from a sailboat in the Caribbean, David Boies tells the story of how he whittled down the epic litigation against ex-AIG CEO Hank Greenberg, why the case finally settled after 12 years of fighting and what he thinks of New York AG Eric Schneiderman’s attempt to spin the settlement.
If the president’s lawyer is in the news, that usually means something has gone very wrong. Just over three weeks into his tenure as President Trump’s White House counsel, Donald McGahn is discovering this first-hand.
With only five months before trial, a team of litigators from Covington & Burling parachuted into a trade secrets case against a division of McKesson Corp. with half a billion dollars at stake.
To the Trump administration and its surrogates: consider yourselves warned. You’ll have a fight on your hands if you try to take voting rights away.
Here are two cardinal sins for an attorney: saying something publicly that hurts your client’s case. And bad lawyering. Rudy Giuliani appears to be guilty of both
Nice try. But no. This week, a magistrate judge in San Francisco sided with VW and rejected five applications by plaintiffs in Europe for access to 20 million pages of documents produced by the automaker in the U.S. MDL.
Working in an atmosphere rife with uncertainty, misinformation and often devoid of communication by government officials, these lawyers surrendered sleep, prepared for every contingency and, in some cases, went with their gut to bring their clients safely to the United States.