After a five week trial, a unanimous jury in the Eastern District of Virginia rejected 41 counts against a prominent dermatologist charged with health care fraud. A closer look at the case is troubling, pointing to an investigation that was fundamentally flawed and a prosecution that never should have happened.
There’s no place like a new law firm for the holidays. A series of star litigators made the leap to new firms in the waning weeks of the year, with securities and intellectual property litigators in especially high demand. Here’s a look at some of November’s most notable moves.
Also, a fight grows over Sumner Redstone's estate; and here's a candidate for worst use of legal proceedings.
By going on the offensive for client Depomed, Lutz helped bring an abrupt end to a $1.75 billion hostile takeover bid.
For the first time in a decade, Morgan Stanley tried a case to verdict in front of a real, live jury. What happened? Also, results from Alix's litigation survey; SEC head Mary Jo White gets personal; and a letter to the editor.
The Sullivan & Cromwell partner turned plaintiffs lawyer says a verdict he won against Ernst & Young may be his most significant yet.
There’s been a lot of criticism lately about arbitration being unfair. But here’s an instance where confidential, binding arbitration seems eminently appropriate—actor Charlie Sheen reportedly required would-be paramours to agree to arbitrate all disputes.
On the list of things homeowners don’t want, a giant new cell tower next door has got to be near the top. But if you live in Connecticut, New York or Vermont, there may not be much you can do about it, not if there’s a gap in cell phone coverage in your area.
Prosecutors said it was the biggest criminal tax fraud case in history. How did Barry Berke's client walk away with a deferred prosecution agreement?
In an out-of-the-blue announcement, litigation funder Bentham on Monday said that it has struck more than $30 million in deals with seven law firms. The takeaway: It's full speed ahead for the young but fast-growing litigation funding industry, never mind a recent inquiry into the inner workings of the industry by suspicious Senate Republicans.
Hausfeld's curiously timed $120M settlement; why the city of San Francisco is paying Journey guitarist Neal Schon $290,000; another Wilmer partner lands a top SEC job. All this and more in The Lit Daily's take on under-the-radar legal news.
A Houston plaintiffs lawyer and a dentist took on the International Trade Commission’s authority to regulate data transmissions, and they won.
In 2014, Dillon Shadle pleaded guilty to first-degree sexual assault of a 3-year-old boy and possession of child pornography. He now identifies as a woman, and wants the state of Nebraska to pay for hormone treatment and sex reassignment surgery. If prior holdings by other courts are any indication, Shadle has a good chance of winning.
Trial technology consultants offer expertise and experience—the best of them have seen more trials than most lawyers. But do you really need them?
When Abbott Laboratories found the domestic market for its diabetes test strips flooded with cheaper gray market imports from Europe, it tapped lawyers from Patterson Belknap Webb & Tyler to shut down the scheme.
It’s hard to imagine a world more removed from Weil, Gotshal & Manges’ Fifth Avenue offices in Manhattan than a dusty rodeo ring. But Weil partners James Quinn and Eric Hochstadt are leading the charge on behalf of championship rodeo riders, filing an antitrust class action on their behalf in Dallas federal court on Monday.
DOJ hires hundreds of laterals every year, but for some would-be government lawyers, there’s one scary obstacle: the background investigation and security clearance. So will the pot you smoked in college disqualify you from getting the job?
Is Philip Morris finally clear of a $10.1 billion verdict for misleading smokers? The roller-coaster case is still too early to call, but Thompson and Blatt may be close to claiming a final victory.
For the first six months of the year, it looked like securities class actions were in the doldrums. But since June 30, there’s been a series of big-ticket settlements in cases brought by Robbins Geller Rudman & Dowd. The latest: a $215 million payout by HCA.
Peet's Coffee is allegedly short-changing customers who order 12- or-32 ounce French press coffees. It's one in a series of less than compelling class actions over food labeling.
Prism Technologies LLC was on a roll, suing the five largest cellular telephone service providers for infringing the same two patents. The first two cases, against AT&T and Sprint, went Prism's way—until it was Gibson Dunn and T-Mobile's turn.
“Expensive, bitter, time‐consuming and hard‐fought.” That’s how a federal judge in Miami described a $380 million antitrust battle between two pharmaceutical manufacturing and marketing companies.
In law and sports, fielding the right team is everything. The Illinois High School Association found its champion in Latham & Watkins partner Thomas Heiden, who scored a win last week in a case with far-reaching implications for high school football and other contact sports.
After steadily chipping away at claims that online video provider Hulu LLC broke privacy laws by sharing users’ viewing histories, Schwartz and Jih finally closed the book on the case.
Criminal Defense Star Billy Martin on Dog Fighting, Monica’s Blue Dress and the Worst Thing a Judge Ever Said to HimBy Jenna Greene |
Professional athletes, entertainers and politicians in a world of trouble have all turned to Billy Martin, who recently joined Miles & Stockbridge as a partner. He spoke to the Lit Daily about his practice, his work to diversify the legal profession and why getting rear-ended by a guy in a Porsche changed his life.
In popular culture, FBI agents—think Mulder and Scully or Clarice Starling—are brilliant investigators who relentlessly seek the truth. In real life, not so much, as an appalling case of false arrest in Texas makes clear.
What law firm has the top patent litigation practice? It depends on how you measure it, but new data from Lit Daily affiliate Corporate Counsel suggests one possible answer. When you factor in other surveys, though, it's not so clear-cut.
Corporate disputes are often dry, bloodless things, but every once in a while, a case comes along with enough drama, scheming and betrayal to be worthy of a soap opera. That’s what happened last week in a fight over control of Genelux Corp., a privately held company with a mission to cure cancer.
Months after Robin Thicke and Pharrell Williams suffered a major blow in the "Blurred Lines" case, Lepera helped score a big win for music copyright defendants in the battle over Jay-Z’s "Big Pimpin'."
Conventional wisdom has it that the fourth quarter is slow for lateral moves—partners are supposed to hunker down and wait for the end of the year. But in the past week, we at the Lit Daily have been struck by a number of notable lateral moves. Here's a look at the most interesting among them, and what they tell us about the market.
“Bet the company” litigation is a phrase we legal journalists like to use, but it’s not often literally true. The stakes were actually that high, though, in a suit against Athilon Capital Corp. and its board of directors in Delaware Chancery Court. After a weeklong trial, a team from Quinn Emanuel Urquhart & Sullivan on Tuesday scored a resounding win.
Even for a bank, $787 million is a big penalty. But in many ways, the deal that lawyers from Skadden, Arps, Slate, Meagher & Flom on Tuesday secured for Crédit Agricole SA for sanctions violations was a good one. How does it stack up compared to what Sullivan & Cromwell negotiated for BNP Paribas last year?
In a way, it’s fitting that the Dewey & LeBoeuf trial ended with a hung jury. You take a group of people, throw them together, ask them to work for a common purpose—and they fail to reach consensus when it counts. A lot like the Dewey & LeBoeuf partnership, the unindicted co-conspirators in the proceedings.
In the world of professional boxing, there’s no question that manager Al Haymon is a heavyweight. But that’s not the same thing as being a bully who KO'ed antitrust laws, as a team of lawyers from O’Melveny & Myers led by Daniel Petrocelli found out.
In a case that could offer a template for other companies looking to cut off shareholder class actions, lawyers from Foley & Lardner secured dismissal with prejudice last week of a suit against Emergent Capital Inc. in Florida federal court.
When Jay Lefkowitz rejoined Kirkland & Ellis in 2003 after serving as a top adviser to President George W. Bush, he could naturally have slid into the role of lobbyist or public policy hired gun. Instead, he’s helped turn Kirkland into a go-to firm for pharma litigation, racking up wins from the Supreme Court on down. He spoke with the Lit Daily about his practice and his time in government.
Maier and his tiny firm prevailed over top-shelf opposing counsel in a copyright fight with controversial hot yoga guru Bikram Choudhury.
Jennifer Connell became infamous overnight, dubbed “the worst aunt ever,” for suing her 12-year-old nephew for $127,000 because she broke her wrist when he hugged her. But what got lost in the din was an entirely reasonable motivation for bringing the suit—one that did not make her a “nasty witch” or a “fruitcake with no morals."
In an en banc decision, the U.S. Court of Appeals for the Eighth Circuit on Tuesday weighed the death of 59-year-old lathe operator in Missouri. Where were the workplace protections? And why did the Department of Labor sue itself?
When it comes to litigation, stars are not just like us. For the lawyers who represent them, the overriding question is "How do you protect a person's talent?" It's not easy.
A federal jury in Michigan on Friday awarded Winston & Strawn client FieldTurf USA Inc. $30 million in a patent infringement suit against rival Astroturf LLC, and left the door open for treble damages by finding that the copying was willful.
There are some lawyers who, when asked to comment on litigation, reply with a slight sneer, “We don’t intend to try our case in the media.” And there are others who seem to like nothing more—because sometimes, the court of public opinion is exactly the right forum for a dispute. Case in point: a press conference on Friday by Lanny Davis and his client, former New York City police detective Richard “Bo” Dietl.
In a $2 billion patent battle with roots as old as the lawyers who fought it, Cherny and O’Quinn can finally claim a final victory.
Every court has its crazy filings—it comes with the territory. But the U.S. Court of Federal Claims seems to get more than its share. Like the guy who wants money for a patent he called “Vice President Special Prosecutor Honeymoon Vacation,” or the one seeking $1 trillion for infringement of his interstellar spaceship and weather machine. The way the court handles the complaints is laudable.
Mandatory arbitration as we know it is on the way out. The Consumer Financial Protection Bureau on Wednesday announced that it plans to propose rules that would prevent consumer financial services companies from using arbitration clauses to block class actions. The implications are huge.
Survivors and families of the victims of the shooting rampage at Umpqua Community College in Oregon may have viable claims against the school for failing to do more to protect the students, or perhaps against the family of shooter. But if prior lawsuits are any guide, the victims would have an extremely difficult time making claims stick against the companies that made the guns or bullets.
Securities litigators at Skadden, Arps, Slate, Meagher & Flom are on a hot streak, winning dismissal of four potential mega-suits last week.
“You know, I think there's a greater likelihood that I'll be the first American astronaut stranded on Mars" before American Apparel ex-CEO Dov Charney wins this lawsuit, said Los Angeles County Superior Court Judge Terry Green, who called Charney's alleged conduct "so far over the top that you can't see the top anymore."
Litigation’s always a gamble, and there was no exception for Sidley Austin as it defended Bayer AG in a dispute with the Federal Trade Commission over Bayer's promotion of its Phillips Colon Health probiotic supplement.
When a small oil exploration company came under investigation for violating the Foreign Corrupt Practices Act, it could have been the end. Instead, a team from Covington & Burling saved the day.
It's been 20 years since a Los Angeles County Superior Court jury acquitted O.J. Simpson of the murders of his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman. A key behind-the-scenes player in the subsequent civil trial was 21-year-old Stephen Foster, dubbed the “lethal paralegal." Now a law firm partner, he shared previously unreported details about the case with the Lit Daily.
The O.J. Simpson trial—televised for 134 days to a mesmerized nation— made celebrities out of the lawyers involved. Twenty years later, where are they now?
An unseemly trademark fight has erupted between the federal government and the outgoing contractor that has run Yosemite's food and lodging concessions since 1993. Delaware North wants $51 million for trademarks including the Ahwahnee Hotel and "Yosemite National Park" on souvenirs. How did it come to this?
It sounds great: Mix a powder in your drink and lose up to 21 pounds a month. Eat chocolate cake and ice cream and all the foods you love! The success rate is 90 percent! Or so claimed Roca Labs Inc., which was sued by the Federal Trade Commission last week in the U.S. District Court for the Middle District of Florida for deceptive advertising. But this case has a twist.
Lawyers from Wilmer Cutler Pickering Hale and Dorr helped broker a $186 million settlement on behalf of the Chickasaw and Choctaw nations, which sued the federal government in 2005 for mismanaging tribal assets.
Randy Mastro has been described by publications including The New York Times and The New Yorker as merciless, fierce and formidable—a lawyer who will fight you until the end. But the New York-based Gibson, Dunn & Crutcher partner and co-chair of the firm’s litigation practice said that he thinks of himself “as a big teddy bear.” Which makes sense, if teddy bears also have teeth and claws.
It took a class action plaintiffs lawyer to make sure no one ever gets sued again over “Happy Birthday.”
"THANK YOU! THANK YOU!" Inmate Serving Life on Drug Charge Released Because of These Pro Bono LawyersBy Jenna Greene |
After 30 years behind bars for a drug charge, Luis Anthony Rivera was released last week—but not because he was wrongly convicted or granted clemency. He was released because it was the right thing to do. He had been punished enough. Credit an incredible pro bono effort by lawyers from Quinn Emanuel and Starnes Davis Florie.
Turing Pharmaceuticals CEO Martin Shkreli has become one of the most reviled people in America after raising the price of a drug used to treat life-threatening parasitic infections 5,000 percent. But there's not much the feds can do, if a prior attempt by the Federal Trade Commission is any guide.
Kirkland & Ellis partner James Hurst along with Winston & Strawn partner Steven D’Amore came out on top against a team from Williams & Connolly, scoring an under-the-radar $94 million verdict on behalf of AbbVie Inc. against MedImmune LLC.
The parents of an 11-year-old autistic boy in California are fighting a lawsuit by neighbors who say that their son is a public nuisance who has lowered their property values. The suit, which has been going on for more than a year, is more than baseless: it's dangerous.
Lawyers who have a strong track record of winning beauty contests share what makes a pitch work—and how it can fall flat.
A former Bingham McCutchen associate, McSherry has found her nonprofit niche pressing for limits on digital copyright protections that could restrict free speech.
Gibson, Dunn & Crutcher partners Kevin Rosen and Matthew Kahn delivered big for DLA Piper, winning dismissal of a suit alleging that the firm helped an investment manager misappropriate funds.
The U.S. Securities and Exchange Commission must rue the day it ever picked a fight with Mark Cuban. But the the billionaire basketball team owner/reality show star is on the wrong side as an amicus in a case challenging the SEC's ability to bring administrative cases.
A classic trusts and estates battle is brewing in Nevada state court, with a lineup straight out of central casting: the rich old man, the much younger second wife—a beautiful actress who was not technically divorced from her first husband —and the outraged children who found themselves cut out of the will. It’s one of those stories that’s like a car crash. You can’t help but gawk.
Lawyers from Skadden, Arps, Slate, Meagher & Flom are five for five in representing American Apparel Inc. in a series of disputes with former CEO Dov Charney. The latest win came Friday, when the Delaware Court of Chancery rebuffed Charney’s request to have the clothing retailer cover his legal expenses in an ongoing fight over his standstill agreement.
The allegations are appalling: migrant women farm workers leered at, groped and raped by supervisors. Last week, a federal jury in Miami awarded five of the victims—four of whom are undocumented—$17.4 million. The case sends a powerful message: even if you entered the United States illegally, you have civil rights once you’re here.
“Lucky” is a word that Morgan Chu uses often. Lucky enough as a young lawyer to be tapped to take a major patent case to trial. Lucky enough to win—again and again. But what the Irell & Manella partner doesn’t say is that you also make your own luck. Because you don’t get called “beyond doubt the most gifted trial lawyer in the USA” by Chambers thanks to luck. Chu spoke to the Lit Daily about his biggest cases and keys to success.
After a 10-year fight that included one trip to the U.S. Supreme Court and two to the U.S. Court of Appeals for the Second Circuit, Weil Gotshal & Manges lawyers got a False Claims Act suit against Schindler Elevator Corp. dismissed on summary judgment.
“Someone you know has anonymously invited you to join Whisper, a mobile social network for sharing secrets.” As far as text messages go, it’s definitely creepy. But is it illegal?
The NFL’s toughest courtroom foe struck again, just in time for kickoff.
Amal Clooney may be the most famous practicing lawyer in the world, and is certainly the most photographed. But is she a good lawyer? In some ways, it’s the wrong question to ask.
Latham & Watkins litigators on Tuesday won dismissal of a would-be securities fraud class action against a company that made electric car batteries for the beautiful but ill-fated Karma by Fisker.
Under the heading “They don’t make ‘em like they used to” add accounting fraud suits by the U.S. Securities and Exchange Commission. But that’s a good thing.
A team of lawyers from Kramer Levin Naftalis & Frankel and Greenberg Traurig on Friday won dismissal of two securities fraud class actions against mortgage servicer Ocwen Financial Corp.
Steptoe & Johnson LLP partner Reid Weingarten is one of the country’s top white collar defense lawyers. He spoke at length with the Litigation Daily about his practice—including what it means when he wants the “smart jurors" and what he says to prosecutors in their offices to convince them not to bring a case.
Thanks to Neuhaus, after nine years of litigation, Argentina’s central bank is off the hook from having to cover more than $2 billion in defaulted Argentinian bond debt.
Food safety lawyers are the white knights of the plaintiffs bar. Because who wants to get violently ill or even die from something that you ate? A new reports argues lawsuits are "the most effective, and sometimes the only, mechanism for deterring negligent behavior" when it comes to food production.
Covington & Burling lawyers won their third trial in four weeks on behalf of Eli Lilly and Co. for allegedly failing to warn about the risks of withdrawing from the antidepressant Cymbalta.
Hausfeld threw down the gauntlet on Monday with a press release headlined “Multibillion-Dollar Air Cargo Price-Fixing Litigation Headed to Trial in Brooklyn.” Plaintiffs lawyers say they're ready to go to court, but will the holdout defendants chance a jury trial?
The Consumer Financial Protection Bureau wants a federal judge in California to sanction several small law firms for violating an order that they aren’t a party to. As a legal move, it’s undeniably aggressive and possibly brilliant.
Want to know what you can do to be invited to join the ultraprestigious American College of Trial Lawyers? The answer, according to the group’s president: not much. "'Campaigning’ for membership is discouraged and counterproductive." So who gets in, and why?
Lawyers from Quinn Emanuel Urquhart & Sullivan saved the day for a bank accused of money laundering, securing a last-minute injunction that stopped draconian penalties from taking effect Friday.
Mueller knocked out a pair of wage-and-hour class actions against Tyson Foods this week, even as he and his longtime client face an even bigger test at the U.S. Supreme Court.
Derailing a would-be class action against a company that makes roofing shingles, lawyers from Skadden, Arps, Slate, Meagher & Flom on Wednesday convinced a federal judge in Sacramento that the plaintiffs must arbitrate their claims individually.
It was the legal equivalent of the Floyd Mayweather-Manny Pacquiao matchup: in one corner, the 42nd solicitor general of the United States, Theodore Olson. In the other, the 43rd SG, Paul Clement, plus a team from Skadden. Clement scored the KO before the Third Circuit, beating an attempt by the state of New Jersey to legalize sports betting.
It’s been a big week for lawyers at Latham & Watkins, who chalked up major wins in insurance and antitrust disputes.
Yelp reviews are a great way to choose a restaurant for brunch. But what about for hiring a lawyer?
Win-win is a cliché, but it’s an apt description of what went down between Cooley client Gevo Inc. and rival Butamax Advanced Biofuels, represented by Kirkland & Ellis.
Looking at one of the most bewildering crimes in years— two Wisconsin girls, then 12, lured a friend into the woods and stabbed her 19 times to curry favor with a fictional Internet monster called Slender Man—from a mother's perspective.
When James Hurst left Winston & Strawn, where he was chairman of the litigation department, to join Kirkland & Ellis in December, he knew conflicts would prevent client Sandoz Inc. from following him. But he scored a final win for the company on Thursday, when a Delaware federal judge ruled for the company in a patent fight over a cancer drug.
Ruling on sanctions motions that have been pending for nearly six years, a federal judge in Delaware found that Rembrandt Technologies LP engaged in widespread document spoliation, unethical payments to witnesses and fraudulent revival of patents. What took so long?
Despite the shifting landscape in insider trading law, it’s still rare these days for a jury to clear an accused inside trader. But that’s what happened this week, when Todd Harrison of McDermott Will & Emery won an acquittal for a retired hedge fund manager.
As outside patent counsel for Facebook Inc., Baker Botts partner Travis Thomas is a nitty-gritty patent lawyer, an electrical engineer by training who can write a patent or litigate it in court. The Litigation Daily spoke to him about IP litigation and what general litigators need to know—and often get wrong—about patents.
It’s hard to square recent data security breaches by the federal government with the Federal Trade Commission’s zealous prosecution of two companies—LabMD and Wyndham Hotels and Resorts—for cybersecurity breaches.
The National Labor Relations Board in a unanimous holding declined to assert jurisdiction over a bid by football players at Northwestern University to unionize. It was the right call, a surprisingly practical move by an agency that in other circumstances has leaped to expand its reach.
A high-level client dishes on what he thinks about in-house counsel and the formidable roster of AmLaw 100 lawyers he routinely interacts with. And he confirmed every lawyer’s secret suspicion. Sometimes clients do things just to mess with you.