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.
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!
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.
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.
Litigators of the Week: How Teamwork Allowed Plaintiffs’ Lawyers to Pull Off a Nearly $300M AndroGel Double HeaderBy 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.
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.
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?
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
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.
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?
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.”
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.
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.
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.
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?
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.
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”?
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.
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.”
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.
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.
"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.
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.
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.
“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.
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.
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.
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.
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.
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.
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.
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.
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,
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.
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.
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.”
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.
You’ve heard of runaway juries. This is the case of the runaway arbitrator.
Litigators of the Week: This Huge Talc Verdict is One for the Record Books--–But It Almost Didn't Happen at AllBy 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.
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.
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.
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.
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.
In ‘Especially Unpleasant and Nasty’ Suit, Carlton Fields Client Must Pay $18.5M Legal Bill from CooleyBy 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.
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.
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...
For all the attention being paid these days to mandatory arbitration of consumer financial disputes, there’s another unlikely battleground: roof shingles. Seriously.
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.
“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
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.
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?
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.
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.
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.
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.
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?
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.
From Wolves to Horses to Dogs, This Big Law Partner Has Built a Practice Exclusively Defending AnimalsBy 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.
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.
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.
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.
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.
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 AgreementsBy 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.
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.
Maybe Sessions will be Janet Reno to Trump’s Bill Clinton: the AG who the president wishes would quit—but won’t.
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.
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.
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.
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.
“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."
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.
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.
Hogan Lovells partner Ty Cobb did his firm a big favor. He’s resigning.
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.
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.
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.
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.
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 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.
The American Lawyer is accepting submissions for this year’s contest through August 4. Here are some dos and don’ts from the editors.
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
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.
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.
Taking a price fixing class action to trial is not for the faint of heart.
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.
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.
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...
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.