Top Stories

Joshua Rosenkranz of Orrick, Herrington & Sutcliffe. HANDOUT.

Litigator of the Week: E. Joshua Rosenkranz of Orrick, Herrington & Sutcliffe

By Scott Flaherty |

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.

Kirkland & Ellis partners Sasha Danna and Beth Weinstein (HANDOUT).

In Parent-Trigger School Fight, Kirkland Lawyers Get an A+

By Jenna Greene |

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.

Warship moored alongside a pier at the Port of Seattle.  Mount Rainier is in the distance.

When the Federal Government Steals Your IP

By Jenna Greene |

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?

Roger Ailes, left, and Gretchen Carlson, right.

Did Gretchen Carlson (And Paul Weiss) Set the Stage for Fox News Chief Roger Ailes to be Fired?

By Jenna Greene |

Whether her sexual harassment lawsuit goes to arbitration or is heard in open court, Gretchen Carlson in some ways has already won.

How Herbalife Spun Its $200M FTC Settlement as a Win--And Why It Worked

By Jenna Greene |

Herbalife's public response to potentially crippling litigation was impressive. Other businesses on the receiving end of government suits should take note.

Litigator of the Week: Paul Reichler of Foley Hoag

By Michael D. Goldhaber |

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.

PashaIgnatov/iStockphoto

Headset Maker Gets Whacked After Top Exec Deletes Thousands of Emails

By Jenna Greene |

A lesson in how even one rogue employee can derail discovery--and by extension, a company’s entire defense.

Sanctions Sought for ‘Truly Outrageous’ Deposition

By Jenna Greene |

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.”

Dueling Press Releases Over ‘New’ Lawsuit

By Jenna Greene |

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.

Yes, Banks Can Be Too Big to Jail. Get Over It

By Jenna Greene |

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.

Jeff Thomas of Gibson, Dunn & Crutcher LLP (HANDOUT).

Litigator of the Week: Jeffrey Thomas of Gibson, Dunn & Crutcher

By Ben Hancock |

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.

Hank Asbill & Noel Francisco of Jones Day (Asbill: Courtesy photo. Francisco: Diego M. Radzinschi / NLJ).

Litigators of the Week: Henry Asbill and Noel Francisco of Jones Day

By Zoe Tillman |

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.

A Note to Lit Daily Readers

By Jenna Greene |

June Laterals: Firms Snap Up Ex-Government and White Collar Litigators

By Jenna Greene |

Many of June’s most notable lateral hires involved litigators exiting the Justice Department and the U.S. Attorney’s Office for the Southern District of New York. Other significant moves featured lawyers who specialize in being adverse to the government. Thanks, Uncle Sam.

Volkswagen cars parked at a Volkswagen car dealership in Knoxville, TN.

For Sullivan & Cromwell and VW, a $14.7B Settlement Counts as a Win

By Jenna Greene |

When the foreman of the jury says “Not guilty,” that’s a defense win. When the judge dismisses a case on summary judgment, that’s a defense win. When your client agrees to a $14.7 billion settlement? For Sullivan & Cromwell and Volkswagen AG, yes, that’s a defense win too.

Jeffrey Londa, a partner at Ogletree Deakins (HANDOUT).

Labor Lawyers Dodge a Bullet

By Jenna Greene |

Imagine if every time a client hired you for advice, you had to file a publicly available report with the government revealing the engagement, what you did and how much you were being paid. Until a federal judge in Texas stepped in on Monday, this was about to become reality for labor lawyers retained by companies facing unionization drives.

Pro-immigration demonstrators rally outside the Supreme Court on Monday, April 18.

Monday Mashup: The (Faint) Silver Lining in Immigration Reform; The Frack Master Gets Busted; A Judge Loses It In Court

By Jenna Greene |

Putting the Supreme Court's immigration reform decision in context; plus the SEC goes after the "Frack Master" and his GC--a former Skadden lawyer. Also, the Kansas AG has his hands full and a Georgia judge goes way over the line.

Cris Arguedas.

Litigator of the Week: Cristina Arguedas of Arguedas, Cassman & Headley

By Ross Todd |

It's hard to overstate how good Cristina Arguedas was last week during opening arguments in defense of FedEx Corp. Just four days later, prosecutors abruptly dropped the case at the end of the first week of a bench trial with $1.6 billion on the line.

Christina Sarchio.

Shout-Out: Orrick Scores Jury Win for Homeopathic Flu Remedy Maker

By Jenna Greene |

After a week-long trial in Los Angeles federal court, litigators from Orrick, Herrington & Sutcliffe won a jury verdict in favor of homeopathic drug maker Boiron Inc. last week in a false advertising class action.

Not Enough Minority and Women Judges? Depends on How You Measure

By Jenna Greene |

The American Constitution Society on Wednesday released an in-depth study of 10,000 state court judges with an unsurprising conclusion: most of them are white men. But there’s something surprising the report doesn’t tell you.

An ITC Fight Like You’ve Never Seen Before

By Jenna Greene |

Leave it to lawyers from Quinn Emanuel to come up with a new way to litigate a decades-old grievance--and to use a statute that's synonymous with patent disputes in a totally unexpected way.

monticelllo/iStockphoto

For Starbucks, a Venti-Size Problem as Class Actions Multiply

By Jenna Greene |

Four would-be class actions against Starbucks Corp. feel a lot like a shakedown-- the kind of complaints that someone’s cranky grandpa who grew up in the Great Depression and reuses old tinfoil might appreciate.

Monday Mash-Up: Robbins Geller’s $1.6B Settlement; Why Arnold & Porter is Cooler Than You; Whither SG Verrilli?

By Jenna Greene |

Robbins Geller settles a long-running suit against HSBC for $1.575 billion; Arnold & Porter's piece of history; Where might Solicitor General Donald Verrillii land when he steps down Friday? Plus a Winston & Strawn partner wins acquittal for a dentist charged with murder.

David Dahlquist at Winston & Strawn and Robby Robertson at Hogan Lovells (HANDOUTS).

Litigators of the Week: David Dahlquist of Winston & Strawn and J. Robert Robertson of Hogan Lovells

By Amanda Bronstad |

David Dahlquist and J. Robert Robertson handed the Federal Trade Commission a rare loss in a hospital merger case.

kencor04/iStockphoto

Score One For Reporters: In Settlement With NY AG, Law360 Quits Noncompetes

By Jenna Greene |

Kudos to New York Attorney General Eric Schneiderman for getting Law360 to back off using noncompete agreements for its workers.

Verizon’s Big Net Neutrality Miscalculation

By Jenna Greene |

When the U.S. Court of Appeals for the D.C. Circuit on Tuesday upheld net neutrality rules, it was the logical outcome of what feels like a huge miscalculation by Verizon Communications Inc. and hordes of industry supporters.

Friends and family members embrace outside the Orlando Police Headquarters during the investigation of the shooting at the Pulse night club (Steve Nesius/REUTERS/Newscom).

First the Massacre, Then the Lawsuits

By Jenna Greene |

After the candlelight vigils and speeches, the calls for gun control and stronger surveillance, there is a final chapter in most mass shootings: the lawsuits.

Valeriy Kachaev/iStockphoto

Monday Mashup: The IP Lit Boutique With Sky-High Salaries; Online Dating Tips From the SEC; Gawker Goes Bankrupt

By Jenna Greene |

Who is IP litigation boutique Desmarais and why are they a new leader in the associate salary wars; Dating tips from the SEC; Gawker goes bust; a hot argument before the Third Circuit

Jonathan Singer, Fish & Richardson.

Litigator of the Week: Jonathan Singer of Fish & Richardson

By Scott Graham |

When a Merck & Co. in-house attorney recanted his deposition testimony in a patent brawl over Hepatitis C medications, Fish & Richardson lawyers knew they had an opening. Jonathan Singer used it to get a $200 million verdict thrown out.

People wait to vote in the U.S. presidential primary election at a polling site in Arizona (Nancy Wiechec/Reuters/Newscom)

This is Why Gutting the Voting Rights Act Was a Bad Idea

By Jenna Greene |

Ah, Maricopa County: Come for the triple-digit heat, stay for the civil rights violations.

Brock Turner, Jan. 2015 mugshot (Photo: Santa Clara County Sheriff's Office).

Stanford Rape Judge Is Why We Need Judicial Elections

By Jenna Greene |

Here's one good reason why we should elect our judges: it’s a way to get rid of Santa Clara County Superior Court Judge Aaron Persky.

Sumner Redstone (Fred Prouser/Reuters/Newscom)

He Was Sumner Redstone’s Lawyer for 50 Years--Now He’s Suing Him

By Jenna Greene |

Sumner Redstone’s longtime personal attorney George Abrams, a partner at Boston's Winer and Abrams, is suing his former client and his daughter Shari Redstone, alleging that she “manipulated her father to achieve her goals.” A look at the ugly fight over Redstone's $40 billion empire.

Donald Trump.

For Trump, No Such Thing as an Unbiased Judge

By Jenna Greene |

Donald Trump is never going to get a truly unbiased judge. He’s too well-known and too polarizing. What he actually wants is a judge who is biased in his favor--hardly a compelling ethical complaint. The whole thing is nothing but a smokescreen.

Robert Van Nest and Christa Anderson of Keker & Van Nest (HANDOUT).

Litigators of the Week: Robert Van Nest and Christa Anderson of Keker & Van Nest

By Scott Flaherty |

With $9 billion on the line, Google Inc. never lost faith in its lawyers at Keker & Van Nest.

Mike Clarke/iStockphoto

In EEOC Suit, No Good Deed Goes Unpunished

By Jenna Greene |

Say you have a male truck driver and a female trainee on the road alone together for three or four weeks straight. Little wonder that trucking companies get hit with more than their share of sexual harassment suits. But is the EEOC making things better--or worse?

Shout-Out: Irell Beats Golden Oldies Copyright Class

By Jenna Greene |

The songs may be old, but a team from Irell & Manella made some new copyright law this week, beating back a would-be class action against CBS Corp. and CBS Radio.

Lateral Litigators: May’s Most Impressive Moves

By Jenna Greene |

Los Angeles, New York and Washington, D.C., were hot markets for lateral litigators in May, with firms including Boies, Schiller & Flexner; Quinn Emanuel Urquhart & Sullivan; Morrison & Foerster; and Bracewell coming out on top. Here are The Lit Daily’s picks for the most notable litigator moves in May.

Brasil2/iStockphoto

How to Lose a Client in 10 Days

By Jenna Greene |

How to make your client hate you, in 10 easy steps.

Kannon Shanmugam, left, and Joshua Rosenkranz.

Litigators of the Week: Kannon Shanmugam of Williams & Connolly and Joshua Rosenkranz of Orrick

By Scott Flaherty |

The pair knocked out a billion-dollar judgment against Bank of America that had stood out as a bright spot for prosecutors in the wake of the financial crisis.

Hulk Hogan.

Why Hulk Hogan’s $140M Verdict Won’t Last on Appeal

By Jenna Greene |

A Florida judge on Wednesday let stand a $140 million jury verdict against Gawker Media for publishing a sex tape of Hulk Hogan. It's a judgment born of (understandable) outrage, but it's not likely to survive appellate review.

Children play on a field next to the abandoned former Union Carbide pesticide plant in Bhopal (Danish Siddiqui/Reuters/Newscom).

Bhopal Disaster Plaintiffs Strike Out Again

By Scott Flaherty |

Kelley Drye notched its latest defense win Tuesday in U.S. litigation stemming from a massive Union Carbide chemical accident in Bhopal, India, three decades ago.

Supreme Court Nominee Judge Sonia Sotomayor during the third day of her confirmation hearings. July 15, 2009. Photo by Diego M. Radzinschi/NATIONAL LAW JOURNAL.

That’s Amica Curiae, Thank You Very Much

By Jenna Greene |

U.S. Supreme Court Justice Sonia Sotomayor set a neat little precedent in a decision on Monday, when she referred to Wilmer partner Catherine Carroll as "amica," not "amicus."

Tomwang112/iStockphoto

Parents Say Bullying Led Girl to Commit Suicide, But Is School Liable?

By Jenna Greene |

Emilie Olsen killed herself after bullies at school allegedly made her life miserable. Her parents have sued the school district, but as other bullying suits have shown, holding a school liable is no easy feat.

Darren Robbins, partner at San Diego’s Robbins Geller Rudman & Dowd. HANDOUT.

Plaintiffs Giant Darren Robbins on Scorched Earth, Worthy Opponents and What’s Next in Complex Litigation

By Jenna Greene |

Darren Robbins is one of the most successful advocates ever for injured shareholders. He spoke with The Litigation Daily about how he and his partners have built Robbins Geller Rudman & Dowd, what they look for in laterals and the next big thing in complex litigation.

Gary Naftalis of Kramer Levin

Litigator of the Week: Gary Naftalis of Kramer Levin Naftalis & Frankel

By Scott Flaherty |

Litigators like to tout their track record in "bet-the-company" cases. But how many lawyers can claim a victory in "bet-the-temple" litigation?

Izabela Habur/iStockphoto

In Lopsided Hearing, Arbitration Backers Still Fall Short

By Jenna Greene |

Just because you say it benefits the little guy to ban class actions in favor of arbitration doesn't make it true.

Republican presidential candidate Sen. Ted Cruz campaigns at the Antique Auto Museum. (Ed Hille/TNS/Newscom)

When a Campaign Theme Song Becomes a Copyright Nightmare

By Jenna Greene |

An essential ingredient for any political campaign is music--something upbeat and catchy that you probably listened to in high school. But for every artist who gladly lends support, there are more who indignantly demand that a candidate (usually Republican) quit using their music immediately. Just ask Ted Cruz and Mike Huckabee.

Yuri_Arcurs/iStockphoto

Report: Huge Spike in ‘Family Responsibilities’ Discrimination Suits

By Jenna Greene |

Employment discrimination litigation in federal courts has been on the wane, but in recent years there’s been a major spike in one area: in lawsuits brought by employees who faced discrimination when juggling family caregiving responsibilities and their jobs, a new report found.

Spokeo offices (HANDOUT)

Supreme Court Lets Spokeo Off the Hook--But Was It the Right Call?

By Jenna Greene |

Have you ever looked yourself up on Spokeo? It's sort of terrifying. In some ways, the U.S. Supreme Court's decision in the Spokeo case is disappointing, and is likely to thwart potentially worthwhile class actions. At the same time, the underlying suit is a bit disingenuous.

Why Big Law Should Fear the $350M Sex Bias Suit Against KPMG

By Jenna Greene |

If law has a sister profession, it’s accounting--which is why a long-running, $350 million gender discrimination class action against KPMG has special resonance. The allegations should sound awfully familiar to women in Big Law.

Robert Smit, left, and Lynn Neuner, right.

Simpson Thacher on a Roll With Win for Weight Watchers

By Jenna Greene |

There is “nothing fraudulent about a disappointing year,” wrote U.S. District Judge Lewis Kaplan in tossing a class action against Weight Watchers. It was one of three big wins for Simpson Thacher & Bartlett this week.

Craig Varnen.

Shout-Out: Irell Locks Up Win for Public Storage

By Jenna Greene |

A team from Irell & Manella scored a win for Public Storage in a rare merger litigation case to go to trial in California.

Litigator of the Week: Tariq Mundiya of Willkie Farr & Gallagher

By Scott Flaherty |

A pair of board-friendly wins for Mundiya in New York and Delaware makes it tougher for shareholders challenging going-private transactions.

Shout-Out: Latham’s Hat Trick

By Jenna Greene |

Latham & Watkins antitrust litigators racked up three wins in the past week, prevailing in federal court on behalf of Live Nation Entertainment Inc. and Ticketmaster; Ocean Spray Cranberries Inc.; and Blue Rhino propane gas seller Ferrellgas.

Corrine Irish.

Reporters Arrested in Ferguson Settle Claims With Pro Bono Help From Squire Patton Boggs

By Jenna Greene |

Four journalists who were arrested while covering the protests in Ferguson, Missouri, following the death of Michael Brown in 2014 settled a lawsuit against the St. Louis County Police Department on Wednesday.

I’ll Take Law Firms for $800

By Jenna Greene |

It was like winning the PR lottery: 15 seconds of unexpected fame for law firms featured on the TV game show "Jeopardy!"

A Smooth Landing for Air Cargo Suit

By Jenna Greene |

After $1.2 billion in settlements and a decade of litigation that swept in antitrust lawyers from more than 50 firms (seriously, did anyone NOT work on this case?), the massive air cargo price fixing litigation is coming in for a landing.

Election materials from candidates for Marin County, California Superior Court judge.

This Is No Way to Pick a Judge

By Jenna Greene |

It’s a slightly off-putting spectacle, to see would-be judges trolling for votes like D-list politicians--and it’s now being played out in 38 states across the country that elect their judges.

Roger Warin from Steptoe & Johnson LLP; F. Joseph Warin from Gibson, Dunn & Crutcher and Edward Warin from Kutak Rock with their mother, Mary Warin

The Fabulous Warin Brothers: Three Litigators Remember Their Mother

By Jenna Greene |

As the Manning brothers are to football, the Kennedys to politics, so too are the Warin brothers to law. The trio--Roger, Ed and Joe--are all top litigators, and they credit their mother with inspiring them.

George Cary

Litigator of the Week: George Cary of Cleary Gottlieb

By Scott Flaherty |

Dispatching a multibillion-dollar threat to Sanofi-Aventis, Cary polished off claims that the company blocked rival drugmakers from competing to sell blood thinners to hospitals nationwide.

Letter: In Defense of the Vaccine Court

The National Childhood Vaccine Injury Act of 1986 has been an amazing success, but as it turns 30, some adjustments may be in order, a former attorney for the United States with some responsibility for vaccine compensation issues writes.

When Law Firm Puffery Crosses the Line

By Jenna Greene |

Feel free to congratulate yourselves on your courtroom wins. But it’s not OK to misrepresent what actually happened. A decision this week on the boundaries of law firm “self-promotion and puffery” by a California state court of appeals is fascinating--and wrong.

Skadden partners Thomas Nolan and Robert Fumerton

On Cross, a ‘Gotcha’ for Skadden Litigator in $2.1B Mortgage Suit

By Jenna Greene |

Cross-examinations can be tedious. But every so often, you get one of those “gotcha” moments that makes them fun. That happened this week in a bench trial before U.S. District Judge Kevin Castel in the Southern District of New York.

April: Lateral Litigator Winners and Losers

By Jenna Greene |

A look at some of the most notable lateral litigator moves in April.

Donald Trump

Anonymous Stink Bomb of a Suit Against Trump a New Low

By Jenna Greene |

The threat of sanctions is often enough to deter frivolous complaints, but not always.Take the (almost certainly fake) one that “Katie Johnson” filed against Donald Trump and financier Jeffrey Epstein last week in U.S. District Court for the Central District of California.

Letter to the Editor: In Defense of Arbitration

When a football league adopts arbitration it isn't about a big guy trying to hand a player a raw deal, a New York arbitrator writes.

Gibson, Dunn & Crutcher partner Thomas Dupree Jr. (HANDOUT)

Gibson Dunn Derails Amtrak Statute

By Jenna Greene |

You’ve got to like any decision that cites the Magna Carta, the writings of Alexander Hamilton and a long passage from John Steinbeck’s “East of Eden.” Those were among the authorities invoked by a three-judge panel for the U.S. Court of Appeals for the D.C. Circuit on Friday, when it struck down as unconstitutional a statute giving Amtrak regulatory authority over freight railroads.

Shannon Liss-Riordan

Litigator of the Week: Shannon Liss-Riordan of Lichten & Liss-Riordan

By Scott Flaherty |

She’s been labeled a scourge of the sharing economy and a protector of its workers. Either way, Liss-Riordan isn’t going away.

Robert Bennett of Hogan Lovells. June 2, 2008. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Will the Feds Fall Flat in Fraud Case Against Doctor--and His Superstar Lawyer?

By Jenna Greene |

Hogan Lovells litigation legend Robert Bennett faces off against the feds in Kentucky. His client, a prominent cardiologist, is accused of performing unnecessary stent procedures. Will he leave DOJ lawyers brokenhearted?

FluMis Vaccine Credit: Olivier Douliery/MCT/Newscom

Flu Mist Caused This Boy's Liver to Fail, But It's No Ordinary Tort Case

By Jenna Greene |

He was a healthy 10-year-old boy until he got the Flu Mist vaccine. Within a month, he had total liver failure and needed a transplant. More likely than not, Flu Mist was to blame.This isn’t a crazy anti-vaxxer theory. It’s the conclusion of an obscure tribunal within the U.S. Court of Federal Claims.

Report: Who Won (and Lost) the Most Big-Ticket Trials in 2015

By Jenna Greene |

Big Law litigators love to boast that their firms are ready and willing to take cases to trial. So it’s interesting to look at the top 100 verdicts of 2015 to see what firms are actually making good on their threats. The answer is probably not who you’d think.

27 December 2015: New England Patriots quarterback Tom Brady (12) looks to pass during the NFL game between the New England Patriots and the New York Jets played at MetLife Stadium in East Rutherford, NJ. Photo by Gavin Baker/Icon Sportswire/Newscom

Brady ‘Deflategate’ Decision Shows the Problem With Arbitration

By Jenna Greene |

If Tom Brady and his legal dream team can’t overturn an arbitration decision, you know the rest of us don’t have a prayer. Not even a Hail Mary.

Eddie Bolden takes his first steps as a free man outside the Cook County Jail, after his release from prison on Tuesday, April 19, 2016, in Chicago. A Cook County judge threw out the murder convictions of the long-time inmate, and prosecutors declined to retry him. 
CREDIT: Erin Hooley/TNS/Newscom

Beyond The Am Law 100: A Reminder of Why There’s More to Practicing Law

By Jenna Greene |

The Am Law 100 comes out today, and it will be eagerly scrutinized by thousands of readers who want to know who made the most money. But it’s not the be-all, end-all of being a lawyer. Just ask Ronald Safer, a name partner at Riley Safer Holmes & Cancila, who got a man wrongly convicted of murder set free last week.

Rick Richmond

Litigator of the Week: Rick Richmond of Jenner & Block

By Scott Flaherty |

Richmond's $940 million jury verdict for Epic System is one of the largest ever in a trade secrets case.

law student Kellie Ann Kulka and Squire Patton Boggs senior associate Colter Paulson (HANDOUT)

How This 3L Won a Precedent-Setting Sixth Circuit Case

By Jenna Greene |

Some lawyers wait years for the chance to argue before a federal court of appeals. Kellie Kulka did it as a third year law student--and just won a precedent-setting decision from the U.S. Court of Appeals for the Sixth Circuit. Credit Squire Patton Boggs with the opportunity.

Credit Image: © Alexei Pavlishak/TASS/ZUMA Wire

The Hardest, Least Lucrative (But Potentially Most Important) Job Discrimination Suits

By Jenna Greene |

A class action alleging that the Census Bureau’s criminal background check policies had a disparate impact on black and Latino applicants settled on Tuesday for $15 million. For plaintiffs lawyers, such suits are perhaps the most difficult and least lucrative to bring, but they're also incredibly important.

Anthony Franze HANDOUT

For Arnold & Porter Litigator/ Novelist, a Sometimes Blurry Line Between Fact and Fiction

By Jenna Greene |

All good litigators have two things in common: They’re excellent writers and natural storytellers. Which makes writing a novel a natural pursuit for those inspired to do so. In a new thriller, Arnold & Porter partner Anthony Franze offers a fascinating window into Big Law life and the appellate bar.

Joseph McLaughlin (HANDOUT)

Shout-Out: Simpson Thacher Scores Class Reversal for Best Buy

By Jenna Greene |

A team from Simpson Thacher & Bartlett won a groundbreaking appellate decision reversing class certification in a securities action against firm client Best Buy Co. Inc.

Stuart Singer, left, and Carl Goldfarb of Boies, Schiller & Flexner.

For Boies Schiller, Florida Medicaid Win Was 10 Years in the Making

By Scott Flaherty |

A decade after they began fighting to reform the way Florida delivers Medicaid services to kids, partners Stuart Singer and Carl Goldfarb can finally claim a hard-won victory.

Michael Paskin, attorney for Argentina, leaves the U.S. Court of Appeals for the Second Circuit, April 12, 2016. The court on April 13 cleared Argentina to make payments on its debt, paving the way for the country to settle its long battle over bonds defaulted in 2001.

Litigators of the Week: Michael Paskin of Cravath and Paul Clement of Bancroft

By Scott Flaherty |

After a change in government and a change of lawyers, the end of Argentina’s long battle with bondholders may finally be near.

Dentons offices in Washington, D.C. November 12, 2014.

Ex-Client Sues Dentons Over ITC Case

By Scott Flaherty |

Former Dentons client RevoLaze claims the firm owes more than $50 million for allegedly mishandling an ITC case that saw the firm disqualified last year.

Battle Brewing Over Subpoena, ‘Intimidation’ in State AGs’ Climate Probe

By Scott Flaherty |

Baker & Hostetler and the Competitive Enterprise Institute may be the face of the energy industry’s first courtroom response to claims that oil companies misled the public about climate change.

Consumer Financial Protection Bureau director Richard Cordray.

Argument Preview: Gibson Dunn's Olson Takes Aim at CFPB

By Scott Flaherty |

Can the Consumer Financial Protection Bureau convince an appeals court that director Richard Cordray is no tyrant?

James Hurst.

This is Why Kirkland’s Hurst Gets the Big Bucks

By Jenna Greene |

When James Hurst moved from Winston & Strawn to Kirkland & Ellis in late 2014, he was dubbed “Biglaw’s $9 Million Man” for his reportedly enormous new salary. The star life sciences litigator appears to be earning his keep. On Thursday, he and Kirkland partner Andrew Kassof co-led a trial team that delivered a blockbuster win on behalf of Abbott Laboratories.

Fish Scores Total Reversal on Appeal of Patent ‘Death Squad’ Decision

By Jenna Greene |

They call it the death squad, where patents go to die. But that doesn’t mean the U.S. Patent Trial and Appeal Board always gets it right.

Mark Cheffo

Litigator of the Week: Mark Cheffo of Quinn Emanuel

By Scott Flaherty |

Product liability litigation against drug companies often hinges on the science. But when it comes to convincing a judge that the science is bad, it’s all about the lawyers.

Photo © John Swanda

Shout-Out: MoFo Saws Off Multibillion-Dollar Suit Against Lumber Liquidators

By Jenna Greene |

A team from Morrison & Foerster won a bench trial in California state court on behalf of Lumber Liquidators, which was accused of failing to warn consumers that 26 of its laminate flooring products contained cancer-causing formaldehyde.

Fate of Halliburton’s $35B Deal Lies With These Two Antitrust Litigators

By Jenna Greene |

The weight of Halliburton Co.’s $35 billion bid for Baker Hughes Inc. rests on the shoulders of O’Melveny & Myers partner Richard Parker and Baker Botts partner Stephen Weissman,who have been tapped to defend the contested merger in court against the Justice Department.

The Walking Dead.

Bite Me: 'Walking Dead' Creator in Restaurant Trademark Fight

By Jenna Greene |

This is what the people eat in “The Walking Dead”: food from cans. A raw turtle. Possum. Cheez Whiz. Bob’s leg. This is what the zombies eat: people. Which makes a Walking Dead-themed restaurant either a terrible idea or brilliantly hilarious. Either way, the man who created the franchise doesn’t appreciate it.

Spring Forward: What Top Litigator Lateral Moves Tell Us About the Market

By Jenna Greene |

Demand for litigators seems to be lagging behind corporate, regulatory and transactional specialists--consistent with predictions by some consultants earlier this year. So what do recent lateral moves tell us about the market for litigators?

Au Pairs in the Crosshairs: Boies Schiller Suit May Upend the Program

By Jenna Greene |

So long as you don’t mind, say, a 22-year-old from Sweden living in your house, having an au pair seems like a great bargain--45 hours a week of child care for $4.35 an hour. But a class action in Denver federal court threatens to upend the program.

Park guests watch as a killer whale flips out of the water at SeaWorld Orlando's Shamu Stadium in Orlando, Fla., on Monday, March 7, 2011.

Simpson Spears SeaWorld Suit Over ‘Blackfish’ Effect

By Jenna Greene |

Did the documentary "Blackfish" hurt attendance at SeaWorld? A federal judge last week ruled that plaintiffs in a putative securities fraud class action couldn't prove that it did.

Eugene Scalia.

Litigator of the Week: Eugene Scalia of Gibson, Dunn & Crutcher

By Jenna Greene |

Eugene Scalia has long been known as a regulation killer, the go-to lawyer for attacking government overreach. This week, the Gibson, Dunn & Crutcher partner slayed one of his biggest dragons yet: the designation of MetLife Inc. as a “systemically important financial institution.”

The New York Times offices in Manhattan. Sept. 14, 2014.

Dueling Letters: How Paul Weiss and NFL Tussle with New York Times

By Scott Flaherty |

What happens when a powerful business is upset with a potentially damaging news article? Letters from lawyers fly, as shown by the NFL's reaction to an investigative article by the New York Times.

Alex Kozinski.

When a Bench Slap Is a Public Service

By Jenna Greene |

When U.S. Court of Appeals for the Ninth Circuit Judge Alex Kozinski blasted a lawyer for poor performance, he earned my gratitude. Not for the schadenfreude of a bench-slap (actually more like a pummeling), but for warning the public about a lawyer. More judges should follow his lead.

Health Care Groups Lawyer Up for Battle Over Statistical Sampling

By Scott Flaherty |

With statistical sampling at the heart of a False Claims Act case over hospice charges, lawyers at Reed Smith and Hogan Lovells are sounding the alarm for the medical industry.

Winston & Strawn, Boldly Going Where No Pro Bono Case Has Gone Before

By Jenna Greene |

When you say ‘pro bono,’ most lawyers might think of a death penalty appeal or assisting an undocumented immigrant or helping a tenant fight an eviction. Then there’s Winston & Strawn’s work for the makers of a 'Star Trek' fan film.

Shout-Out: Sidley and Manatt Win a $25M Jury Verdict in Corporate Spy Case

By Jenna Greene |

Lawyers from Sidley Austin and Manatt, Phelps & Phillips scored a $25 million jury verdict on behalf of a California-based mortgage bank that said its ex-employees illegally transferred hundreds of private consumer loan files to a competitor.

Steven Zalesin

Litigator of the Week: Steven Zalesin of Patterson Belknap

By Scott Flaherty |

Regrouping after a setback at the Supreme Court, Steven Zalesin cleared Coca-Cola of long-standing false advertising claims by juice-maker POM Wonderful.

Stephen Korniczky, left, and Martin Bader, right.

Shout-Out: Sheppard Mullin and Morgan Lewis Dial Up Pressure in IP Battle

By Jenna Greene |

Lawyers for TCL Communication Technology Holdings are celebrating the latest turn in a worldwide IP battle against Ericsson.