Time for a favorite post-election parlor game: What might we expect from the Trump administration’s Justice Department? In recent off-the-record conversations, former DOJ lawyers shared some insights. Their takeaway: the changes may not be so drastic after all
In a year where emails and mishandling of classified information have loomed so large, this case stands as an example of misapplied justice.
When 23 of the top litigators in the country offer advice on how to succeed in court, it’s worth listening.
Forgery. Perjury. Willful destruction of evidence. Litigators might sometimes suspect the other side of such shenanigans, but rarely do you get an unequivocal win as a result. On Friday, a team from Gibson, Dunn & Crutcher pulled it off, arguing successfully that a key plaintiffs’ document in a $12 billion fight was fake.
November is a great month for eating turkey and hunkering down until the end of the year. Still, there were a handful big lateral litigator moves. Here are some of the most notable, at firms including Perkins Coie, WilmerHale and Sheppard Mullin.
Geoffrey Potter and his team in the anti-counterfeiting practice at Patterson Belknap Webb & Tyler helped Living Essentials go after a criminal ring producing fake bottles of the popular 5-Hour Energy drink.
The recounts in Wisconsin, Pennsylvania and Michigan won’t change the election results--we all know that, right? But they need to happen anyway.
Daniel Petrocelli convinced President-elect Donald Trump to settle the Trump University litigation despite his client’s insistence on going to trial on Nov. 28. And he did it while settling another high profile case that same week on behalf of Sirius XM Radio Inc.
I’d like to think that the food that I buy for my two dogs won’t actually kill them. A decision by a San Francisco federal judge to toss a would-be class action against Purina is reassuring--but leaves some questions unanswered.
When the U.S. International Trade Commission waded into a legal issue it hadn’t touched in almost 40 years--how to handle allegations of price-fixing--a Covington & Burling team rose to the challenge.
Hausfeld on Wednesday launched what is likely to be a massive fight, suing nine companies including energy giant Exelon Corp. over radioactive contamination stemming from the Manhattan Project.
News flash: doughnuts are not a health food. Which is why it’s hard to sympathize with Jason Saidian, who filed a $5 million class action lawsuit against Krispy Kreme Doughnuts in Los Angeles federal court last week.
Might Stephen Bannon be a moderating influence on the president-elect in favor of First Amendment protection? After all, Breitbart has talked the talk when sued for libel. But the publication's threat on Tuesday to sue a major media company for labeling it “white nationalist” is not an encouraging sign.
Sorry Mike Pence--turnabout is fair play. You can’t spend weeks demanding that Hillary Clinton bare all of her emails and then think it’s A-OK to claim your communications as governor of Indiana should be shielded from disclosure.
The Trump University fraud case is headed to trial on Nov. 28 --but how to pick a jury? We've got some ideas for what to ask prospective jurors.
Duane Morris attorney Matthew A. Taylor doesn’t believe that lawyers win cases. For him, it all comes down to the experts. That’s why, when faced with defending a medical device maker in a notoriously plaintiff-friendly venue, he wasn't worried.
With Republicans in control of the White House and Congress and poised to pick the tie-breaking ninth Supreme Court justice, the plaintiffs bar is now one of the few checks on government power. Scary, I know.
Now that the election is over, President Obama should do us all a favor and fire FBI Director James Comey. Not just because Comey recklessly disclosed the renewed investigation into Hillary Clinton’s emails. He has to go because he can no longer effectively lead the bureau and law enforcement community.
If post-election litigation erupts, both sides have lawyers at the ready in key battleground states.
Litigator of the Week: An Unexpected Win for Peter Thiel’s Palantir Could Change How the Feds Do BusinessBy Ben Hancock |
Boies, Schiller & Flexner partner Hamish Hume built a case around an untested 1994 law requiring government agencies to consider commercial products first to bring home a win for Palantir.
For a second there, it seemed liked the Trump child rape suit was going to get real. Nationally known plaintiffs attorney Lisa Bloom sent out a press release Wednesday morning announcing that the anonymous woman who accused Donald Trump of raping her when she was 13 was going to go public. It didn't happen.
Here are The Lit Daily's top picks for the biggest lateral litigator moves this month.
If James Comey just handed Donald Trump the presidency over what turns out to be a bunch of ads from Pottery Barn and Linked In requests, I’m going to take to the bathtub with a bottle of gin for the next four years.
Simpson Thacher & Bartlett is a guest star in the trove of Wikileaks emails involving the Clinton Foundation--a rare, unfiltered look at attorney-client correspondence that includes billing details, nitpicky rewrites and attempts to manage perception. But the biggest takeaway is that the firm identified potential pay-to-play conflict of interest issues--real or perceived--that have become a significant campaign liability for Hillary Clinton.
It’s a truism that litigation is a zero sum game--there’s a winner and a loser. But not this week. For the first time that we can remember, the Litigation Daily is naming opposing counsel as our co-litigators of the week, a historic honor that goes to Robert Giuffra Jr. of Sullivan & Cromwell and Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein.
A team from Jenner & Block delivered an appellate win worth millions to its record label clients in a long-running copyright infringement suit against a pair of online music websites.
Seven years ago today, Michael Weston died in a helicopter crash in Afghanistan. A 37-year-old Harvard Law graduate, he had joined the Drug Enforcement Administration as a special agent. Five months before, he’d married a fellow member of the Harvard Law class of 1997, Cynthia Tidler. Whose first husband, Weston's best friend, was also from the class of '97 - and who also died in Afghanistan.
Here’s a rule of thumb: if you’re going to marry someone, do your own due diligence about his or her sexual preferences. Don’t expect a heads-up from their employer.
If Donald Trump follows through with his threat on Saturday to sue all 11 women who have accused him of groping, he’ll find opposing counsel spoiling for a fight. All I can say is, pass the popcorn.
It’s hard to defend any judge who thinks 60 days in jail is an appropriate punishment for a father who raped his 12-year-old daughter. Still, there’s something ominous about what seems to be a new pattern: a judge issues a lenient but legal sentence, and the mob descends.
Albert Deaver earned his J.D. from South Texas College of Law in Houston--but that hasn’t stopped him from leading the charge in a trademark suit against his alma mater when it sought to rebrand itself the Houston College of Law.
Latham & Watkins on Tuesday dodged a motion to disqualify in a nasty spat in the Eastern District of Missouri. Although Senior U.S. District Judge E. Richard Webber squarely sided with Latham, he admonished both sides to behave themselves.
They say there are no stupid questions. But that’s definitely not true when it comes to lawsuits. On Tuesday, a federal judge in New York dismissed one of the dumber ones of late, booting a would-be class action against Advil maker Pfizer Inc.
It's hard to imagine a federal agency that would be less in sync with the priorities of a Trump administration than the U.S. Equal Employment Opportunity Commission.
Sullivan & Cromwell’s Sharon Nelles on VW, Opposing Counsel and Taking Work-Life Balance ‘One Day at a Time'By Jenna Greene |
Sullivan & Cromwell star litigator Sharon Nelles spoke with the Lit Daily about her work on the $14.7 billion VW settlement, the key to effective negotiation and how she’s managed her work/ life balance at Sullivan & Cromwell, where she's a member of the executive committee.
The latest Apple v. Samsung appeal reminds William Lee of a Disneyland adventure. "This had more twists and turns than Mr. Toad's Wild Ride,” the Wilmer Cutler Pickering Hale and Dorr partner says.
In some ways, the U.S. Court of Appeals for the D.C. Circuit handed the Consumer Financial Protection Bureau a win on Tuesday when it found the agency’s structure was unconstitutional. Look past the red meat rhetoric about 'massive unchecked power' and focus on the remedy.
“I view myself as a lawyer who happens to be a woman,” said Angela Agrusa, the head of litigation at Liner LLP in Los Angeles, who recently stepped in as lead counsel for Bill Cosby in both his civil and criminal cases. “What I really believe in is our justice system.”
Three must be the right number for Caldwell, Cassady and Curry. The trio just won a third time for VirnetX against Apple, securing a $302 million jury verdict in the Eastern District of Texas.
Harris Faulkner is a perfectly fine name for a Fox News anchor--but it's a terrible choice for a hamster toy. Hasbro Inc. found out the hard way.
September saw more than its share of big-time lateral moves. Here are the top 10.
Cravath, Swaine & Moore Chairman Evan Chesler won vindication for American Express before the U.S. Court of Appeals for the Second Circuit--and handed the U.S. Department of Justice a major loss.
You’ve got to wonder how many members of Congress who voted on Wednesday to override President Obama’s veto of a bill allowing the families of 9/11 victims to sue Saudi Arabia actually think it’s a good idea. Because it's not.
The new Supreme Court term is just around the corner, kicking off on October 4. In anticipation, four experts on Tuesday offered insights on cases to watch as well as the court’s composition and future.
On behalf of the secretaries and administrative assistants and file clerks of the world: discovery sucks. Which is why when foreign plaintiffs requested copies of all the documents--20 million pages--that Volkswagen has produced as part of multi-district litigation in San Francisco federal court, my initial reaction was 'Sure, hand ‘em over.' Except it's not that simple
For three years in a row, the same quartet of firms topped BTI Consulting Group’s 'Fearsome Foursome' list of most-feared opponents in court. Until now, when Dentons displaced Quinn Emanuel at the top. Except....why?
Two lawyers from Milbank, Tweed, Hadley & McCloy won a ruling striking down a Department of Justice directive on music licensing that could have thrown the recording industry in turmoil.
The legal world is full of lists and rankings. I should know, I help compile some of them. But there’s one honor that stands apart: the American College of Trial Lawyers. Being a member amounts to a stamp of approval from your peers that not only are you an excellent lawyer, you’re also not a jerk. Who are the 2016 inductees?
The first-ever antitrust trial of a Chinese company in the U.S. didn't end well. The U.S. Court of Appeals for the Second Circuit on Tuesday let a Chinese vitamin C maker off the hook for price fixing, even though the company admitted that it did it. Credit another first: the Chinese government's unprecedented foray as an amicus, represented by Sidley's Carter Phillips.
Like a kid in a candy shop. That’s how I feel about two new apps by Lex Machina that launch this week, the Law Firms Comparator and the Courts & Judges Comparator.
Plenty of law firms represent whistleblowers. But in a new $90 billion qui tam case, Kasowitz, Benson, Torres & Friedman is the whistleblower. The 350-lawyer New York-based litigation powerhouse is going after four of the country’s largest chemical companies for allegedly failing to inform the EPA of serious health injuries caused by a common chemical. As the relator, the firm could--at least in theory--be entitled to as much as 30 percent of the recovery, or $27 billion dollars. They just have to win.
The U.S. Supreme Court has set a high bar for patent-based injunctions, so Weil, Gotshal & Manges partner Edward Reines and associate Derek Walter get Litigator of the Week honors for meeting it in a high-stakes case.
It takes a certain shamelessness for a reality television star to claim a constitutional privacy violation. But in a new cert petition, 'Sister Wives' reality television stars Kody Brown and his four wives make a persuasive case that Utah's anti-bigamy law crosses the line.
Tired? Busy? Hate Going to Meetings? These Debevoise Lawyers Show Why You Should Join a Bar Association AnywayBy Jenna Greene |
Deborah Enix-Ross remembers the first time she attended a bar association meeting many years ago. “I looked around, and not only was I the only woman in the room, I was the youngest person by 25 years,” she said. “I thought ‘Why am I here?” She and three other prominent Debevoise & Plimpton lawyers explain why it's worth it.
Litigation is the original zero sum game--there are winners and losers. But ask a litigator about his or her win/loss record, and more often than not, you get hemming and hawing. Now, a new legal analytics company called Premonition is trying to quantify it.
Hey fellow parents--Are you dreading having The Talk with your son or daughter? No need to rush out and buy 'Our Bodies, Ourselves.' You can just give your kid a copy of an opinion on Friday by the U.S. Court of Appeals for the Second Circuit. It’s all pretty much there, thanks to a slightly absurd false advertising suit between two pregnancy test makers.
Theodore “Ted” Boutrous Jr. is not known for being shy. The gregarious Gibson, Dunn & Crutcher partner has been at the forefront of some of the most heated legal battles around the country. His latest: defending Uber Technologies Inc. and its view of how drivers fit into the “gig economy.”
A sham. A disaster. A disgrace. That’s how opponents describe the legal process for resolving disputes under the Trans-Pacific Partnership.
What to do when opposing counsel throws "a thousand pieces of mud on the wall"? Milbank's Sean Murphy countered by sticking to his core message in a 25-day bench trial, scoring a win for AXA Equitable Life Insurance Co. in a closely watched case with $550 million on the line.
Antitrust lawyers were hotter than a Washington, D.C. sidewalk this month, accounting for multiple high-profile moves. But it wasn't the only practice area in demand.
A pet sitting company sued a couple who gave the business a one-star review, seeking $1 million in damages for libel and for violating a non-disparagement clause. A Texas judge gets five stars for tossing the suit.
Remember the monkey selfie case? The one where a macaque named Naruto got a hold of a wildlife photographer’s camera and took a series of fabulous selfies, sparking an unlikely copyright fight? “On appeal, the crazy got crazier,” wrote a lawyer for photographer David Slater last week.
As the Hillary Clinton email scandal drags on--and on--how much blame can be laid at the feet of David Kendall, her longtime personal lawyer from Williams & Connolly?
For most litigators, a win at the U.S. Supreme Court is a career highlight. And so it was for Mayer Brown partner Michael Kimberly, who in December won a unanimous ruling that revived a lawsuit accusing Maryland officials of partisan gerrymandering. But Kimberly said that his latest win in the lower court after the justices sent the case back was actually more exciting.
“Regulating campaign speech is not easy. It’s not supposed to be. But treating elections for the courts just like elections for the political branches does not make sense either.” Wise words from the U.S. Court of Appeals for the Sixth Circuit, which on Wednesday issued a decision grappling with how judicial elections should be conducted
He’s baaack. Paul Ceglia, the man who insists that he rightfully owns 84 percent of Facebook--and whose ex-lawyers at DLA Piper and Milberg LLP got sued by the company for helping perpetuate his allegedly fraudulent claim--has resurfaced. Sort of.
What today's teens would say to a federal judge in Texas who blocked guidance by the Obama administration allowing transgender students to use bathrooms that match their gender identity rather than their biological sex.
A team of lawyers from McGuireWoods persuaded a federal jury in Detroit last week that Bank of America did not discriminate when it closed the account of an Arab-American charity.
Simpson Thacher & Bartlett partner Jeffrey E. Ostrow is chair of the firm’s IP practice, head of its Palo Alto office and a member of the executive committee. But once and for all: he does not represent disgraced American swimmer Ryan Lochte. If only media organizations would figure that out.
Defending a company accused of monopolizing an unusual but lucrative segment of the bovine industry in the heart of dairy country is no easy task--but Akin Gump's Kirt O'Neill delivered.
“A family tragedy” is what one juror called the insider trading case against ex-investment banker Sean Stewart, and that sounds about right. Either he’s got the worst father in the world, or Stewart knowingly tipped his dad about a series of health care mergers. It’s ugly no matter what.
From start to finish, the Justice Department’s prosecution of the late Alaska senator Ted Stevens for corruption was a shameful episode. Trying to pin the blame low-level lawyers only made it worse. That they've now been awarded legal fees underscores how badly DOJ mucked things up.
Product Liability Star Lori Cohen on Last-Minute Trials, Against-the-Odds Wins and Being Called ‘Honey’By Jenna Greene |
Greenberg Traurig partner Lori Cohen has racked up one of the most winning courtroom records around, going 57-1 before juries. She spoke with The Litigation Daily about her practice--the unique challenges of being a woman litigator, how to counter the emotional pull of sympathetic plaintiffs, how she’s built a close-knit team that’s essential to her success.
For Latham & Watkins, defending a Middle Eastern bank accused of stealing trade secrets from a plucky American entrepreneur could have been a tough sell to a federal jury in Orange County, California. How did firm lawyers come out on top?
Trial was only seven months away when Energy Labs Inc. brought in Kirkland & Ellis last fall to defend a patent suit by a rival air conditioning company. It was a bet-the-company case in a multi-billion dollar market--and the Kirkland team delivered.
To eager government lawyers, it may have sounded irresistible: a nonprofit that helps people with disabilities accused of discriminating against a former employee with a disability. Except that’s not how it turned out
In a presidential campaign with many lows, here is another: lawsuits as smear jobs. A new suit by Freedom Watch founder Larry Klayman against Hillary Clinton on behalf of the parents of two men killed in the Benghazi attack is unlikely to survive judicial review--but maybe that's not the point.
There are 90 days until the election, and transition planning is kicking into high gear. What might the Justice Department might look like under a Clinton or Trump administration? And who has the inside track for AG?
Most lawsuits don’t present American judges with the choice of whether to defer to a foreign court ruling. But that’s the unique situation that arose in a KBR Inc. subsidiary’s contract dispute with Mexico’s state-owned oil company, Pemex.
If you were Gonzalo Curiel, wouldn’t you have been tempted? After the U.S. District Court judge was maligned by Donald Trump, accused of being biased because his parents came from Mexico, Curiel kept silent--because that’s what judges do. On Tuesday, he had the chance for payback.
As the American Bar Association’s annual meeting gets underway in San Francisco on Thursday, Fenwick & West partner Laurence Pulgram will become the new head of its largest section--litigation. He talked about what's in store with The Lit Daily.
Securities, white collar defense and employment litigators are sizzling this summer. Here are The Lit Daily’s picks for 10 of the most notable lateral litigator moves in the past month.
To call the Federal Trade Commission a kangaroo court is an insult to kangaroos.
As the end of a six-week trial approached, Steptoe & Johnson LLP partner Reid Weingarten and LibbyHoopes partner Frank Libby had a decision to make: whether to put their clients on the stand. It turns out, their instincts were right.
In the annals of lawsuits over leaked celebrity videos, Jared Leto insulting Taylor Swift is pretty tame. But Leto's suit, pending in Los Angeles federal court, is one in a line of high-profile cases that raise provocative questions about the line between fair use, entertainment and privacy.
At first glance, the complaint looks like your average drunk driving negligence suit. Except defense contracting giant AECOM argues Afghan law should apply. Not the part about flogging the driver or women being unable to testify--just the part about no vicarious liability.
Morrison & Foerster partner Carl “Chip” Loewenson Jr. worked for more than a decade to free Richard Rosario, who was serving a 25-to-life sentence for murder. How the case played out is a template for effectively using publicity, though on a scale that most lawyers can only dream of.
How Joshua Rosenkranz guided Microsoft Corp. to victory in a case that raised largely untested questions about the reach of U.S. law enforcement in the age of cloud computing.
Working pro bono, Kirkland & Ellis lawyers won another round in a long and controversial fight involving the so-called parent-trigger movement, which gives parents the power to force change at failing public schools.
IP infringement comes in many guises: the start-up that doesn’t know better, the big company that doesn’t care. But the federal government? Et tu, Brute?
Whether her sexual harassment lawsuit goes to arbitration or is heard in open court, Gretchen Carlson in some ways has already won.
Herbalife's public response to potentially crippling litigation was impressive. Other businesses on the receiving end of government suits should take note.
Paul Reichler has been dubbed Mr. World Court for his dominance at the seat of public international law. But in the past week Mr. World Court became Mr. Arbitration. It was a great week for public health and maritime borders. And a terrible week for international bullies.
A lesson in how even one rogue employee can derail discovery--and by extension, a company’s entire defense.
Two hundred and ninety-four. That’s how many questions the former CEO of software maker Kony Inc. refused to answer during a deposition before walking out early, according to a motion for sanctions by opposing counsel, who called it “a stunning display of misconduct.”
Among law firm publicity ploys, this ranks as a lesser sin: a breathless press release announcing a “new” lawsuit. Except on closer inspection, it’s not actually new. It’s an amended complaint. Nice try, beleaguered law firm PR person. Here's what happened in a suit involving RV refrigerators that catch fire.
A massive new congressional report criticizes Eric Holder’s Justice Department for failing to prosecute HSBC in 2012 for money laundering. Bernie Sanders could credibly argue DOJ made the wrong call, but a bunch of Republicans in Congress? Really? Still, the report should be required reading for lawyers representing financial services providers before the feds.
Jeffrey Thomas knew how he had to set it up. After working for years on Hewlett-Packard’s breach of contract suit against Oracle Corp., his strategy was clear when the phase-two jury trial began this May, with $3 billion on the line.
By the time former Virginia governor Robert McDonnell was indicted on public corruption charges in January 2014, his lawyers at Jones Day already had their eye on the U.S. Supreme Court.