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The Best and the Nicest: Making the Grade With American College of Trial Lawyers

By Jenna Greene |

Want to know what you can do to be invited to join the ultra-prestigious 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?

William Burck of Quinn Emanuel. September 19, 2013.

Shout-Out: Quinn Emanuel

By Jenna Greene |

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.

Litigator of the Week: Michael Mueller of Hunton & Williams

By Scott Flaherty |

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.

Shout-Out: Skadden Forces Would-Be Class to Arbitrate

By Jenna Greene |

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.

The Dilly in Philly: Clement v. Olson

By Jenna Greene |

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.

Shout-Out: Latham & Watkins

By Jenna Greene |

It’s been a big week for lawyers at Latham & Watkins, who chalked up major wins in insurance and antitrust disputes.

Clients on Yelp Give Lawyers an Earful

By Jenna Greene |

Yelp reviews are a great way to choose a restaurant for brunch. But what about for hiring a lawyer?

Shout-Out: Cooley and Kirkland & Ellis

By Jenna Greene |

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.

Slender Man.

In Slender Man Stabbing, How Can 12-Year-Olds Be Adults?

By Jenna Greene |

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.

James Hurst.

For Kirkland’s Hurst, a Win From Afar in Cancer Drug Fight

By Jenna Greene |

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.

Gregory Sleet.

Sanctions Smack-Down—Six Years Later

By Jenna Greene |

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?

Litigator of the Week: Todd Harrison of McDermott Will & Emery

By Scott Flaherty |

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.

What Litigators Need to Know—and Get Wrong—About Patents

By Jenna Greene |

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.

IRS Hack Shows Feds Have Double Standard on Data Breaches

By Jenna Greene |

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.

Labor Board's Surprising Punt in Football Case

By Jenna Greene |

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.

It’s True—Sometimes Clients Do Things Just To Mess With You

By Jenna Greene |

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.

Covington Lawyers Kill on Cross-Exams in Cymbalta Case

By Jenna Greene |

There’s nothing like a devastating cross-examination to clinch a victory in court. Covington & Burling partners Phyllis Jones and Paul Schmidt delivered doozies for Eli Lilly & Co. in Los Angeles federal court, cutting short a bellwether trial over the antidepressant Cymbalta with a directed verdict. How did they do it?

Litigators of the Week: Floyd Abrams and Joel Kurtzberg of Cahill Gordon

By Scott Flaherty |

The Cahill duo successfully wielded the First Amendment in a closely watched case against the FDA, persuading a judge that pharma companies can’t be hit with off-label marketing claims based on truthful statements about their drugs.

Does This Bank Deserve a $35 Milllion Fine?

By Jenna Greene |

Citizens Financial Group failed to fix customers' math mistakes on deposit slips when the discrepancy was less than $25. Half of them lost money. The other half got free money, kind of like drawing the Monopoly card, "Bank Error in Your Favor."

A Real Fight Over Virtual Reality

By Jenna Greene |

Facebook's Oculus Rift virtual reality headset is poised to transform the $90 billion video gaming industry. But like most lucrative inventions, it’s also the subject of a fierce intellectual property dispute, pitting lawyers from Skadden against a team from Cooley. This week, Skadden scored big.

In Airline Forum Fight, Plaintiffs Argue My Court’s Better Than Yours

By Jenna Greene |

Plaintiffs lawyers jockeying for position in 68 yet-to-be-consolidated antitrust suits against the major domestic airlines are mounting campaigns worthy of a local Chamber of Commerce visitor’s brochure. Here's what the six courts in contention have going for them.

When Juries Get Patent Suits Wrong: Judge Voids $28M Judgment Against Comcast

By Jenna Greene |

It was a victory-from-the-jaws-of-defeat moment for lawyers from Davis Polk & Wardwell and Winston & Strawn when a federal judge in Delaware on Friday voided a $27.6 million jury verdict against their client Comcast IP Holdings. The case raises the question: Why try patent suits before juries in the first place?

Judge Issues Hilarious Opinion Refusing to Seal Docs

By Jenna Greene |

U.S. District Judge Charles Breyer clearly didn’t think much of motions by firms including Wachtell and Skadden asking for documents to be sealed in a suit against Hewlett-Packard Co. How he responded is classic.

Michael Sommer

Litigator of the Week: Michael Sommer of Wilson Sonsini

By Scott Flaherty |

In the Teva-Mylan M&A fight, a preliminary litigation win helped keep a hostile bidder at bay.

Mary Jo White.

SEC Pay Ratio Rule in the Crosshairs, but It’s Not an Easy Target

By Jenna Greene |

The U.S. Securities and Exchange Commission is all but certain to be sued over rules adopted Wednesday that require public companies to disclose the ratio between their chief executive officers’ pay and that of their median employees. But how likely is a lawsuit to succeed?

Richard Cordray.

The CFPB May Be Unpopular, but Is It Unconstitutional?

By Jenna Greene |

It’s hard to see Consumer Financial Protection Bureau head Richard Cordray, who comes across about as menacing as Opie Taylor on "The Andy Griffith Show," as “the very definition of tyranny.” But that’s what lawyers at Gibson, Dunn & Crutcher would have you believe in their constitutional challenge to the 4-year-old agency.

Five Things Law Firm Publicists Do Wrong—And What Lawyers Can Do Right

By Jenna Greene |

From fake "exclusives" to tardy announcements, law firm publicists can drive reporters crazy. Here's how lawyers can make the process better.

Michael Hausfeld.

Plaintiffs Bar Giant Michael Hausfeld on Winning, Losing and Playboy Magazine

By Jenna Greene |

Michael Hausfeld is one of the best-known and most-feared plaintiffs lawyers in America, racking up billions in settlements for cases involving antitrust and human rights violations. He spoke recently with the Litigation Daily, and shared his thoughts on topics including settlement negotiations, legal writing and obnoxious behavior by opposing counsel—and how he scored a profile in Playboy magazine.

WASHINGTON, DC - JULY 28: Anti-abortion activists hold a rally opposing federal funding for Planned Parenthood in front of the U.S. Capitol on July 28, 2015 in Washington, DC. Sen. Rand Paul (R-KY)  announced a Senate deal to vote on legislation to defund Planned Parenthood before the Senate goes into recess in August.

MoFo, Cleary, Gibson Dunn and Latham Have a Good Week

By Jenna Greene |

MoFo, working pro bono, secured a temporary restraining order against the release of more anti-abortion videos in the Planned Parenthood controversy. In other news, Cleary Gottlieb, Gibson Dunn and Latham had victories of their own.

A Judge Passionately Defends Trial By Jury

By Jenna Greene |

“I did not try this case very well,” wrote Massachusetts federal Judge William Young, the first sentence of an extraordinary opinion in a $60 billion reverse payment antitrust suit. Over 104 pages, Young muses on the art of judging and passionately defends the importance of trial by jury.

O'Melveny, Cravath Lawyers Are Litigators of the Week

By Scott Flaherty |

Jonathan Hacker of O’Melveny & Myers (pictured at left) and Keith Hummel of Cravath, Swaine & Moore convinced a federal appeals court that Ford Motor Co. and IBM couldn't be tied to human rights abuses in apartheid South Africa under the U.S. Alien Tort Statute.

SEC Plays Gotcha in Case Against Baby Formula Maker

By Jenna Greene |

Enforcement of the Foreign Corrupt Practices Act by the U.S. Securities and Exchange Commission sometimes feels like small-time, gotcha-style litigation. Case in point: the $12 million settlement with Mead Johnson Nutrition Co. over marketing baby formula to health care professionals in China.

To Nail Your Closing Argument, Follow This Kirkland Partner's Guide

By Jenna Greene |

It’s hard enough to make a riveting closing argument in, say, a murder trial, but to do it in a patent case takes a special kind of finesse. In a recent win before a Chicago federal jury on Samsung Electronics Co.’s behalf, Kirkland & Ellis partner Luke Dauchot managed to make patent infringement (dare we say it?) interesting.

Donald Trump.

The Donald v. The World

By Jenna Greene |

Republican presidential front-runner Donald Trump has a long track record as a litigant. A look at his forays in court shows a fondness for lawsuits at odds with GOP calls for tort reform.

How Not to Hire Teenage Girls

By Jenna Greene |

A Subway manager who sent job applicants texts like "Bang my brains out the job is yours" doesn't leave lawyers for the franchise owner much room to mount a defense. And the U.S. Equal Employment Opportunity Commission knows it.

In Peanut Food Poisoning Case, Punishment Doesn't Fit the Crime

By Jenna Greene |

The feds want life in prison for the ex-CEO of Peanut Corporation of America for producing products tainted with salmonella. But the unprecedented sentence may actually undermine food safety.

Litigator of the Week: D. Maimon Kirschenbaum of Joseph & Kirschenbaum

By Scott Flaherty |

Raising novel questions about what it means to practice law, Kirschenbaum is taking on top law firms over their failure to pay overtime for the drudgery of contract lawyer document review.

Meet Monique Pressley, Bill Cosby’s Lawyer

By Jenna Greene |

Defending a once-beloved superstar in the court of public opinion has meant sometimes evading questions. Plus, AT&T's outside counsel at Crowell & Moring, Arnold & Porter and Sidley Austin get a second chance.

Who's Winning Pay-for-Delay Suits Against Drugmakers?

By Jenna Greene |

Huge potential damages make these suits a tempting new target for plaintiffs lawyers. But they shouldn't expect easy victories.

After Failing to Boot Plaintiffs Firm, JPMorgan Inks $388M MBS Settlement

By Scott Flaherty |

For the Robbins Geller lawyers, who could earn close to $100 million in fees for their work, a $388 million settlement with JPMorgan must be all the sweeter since they first had to defeat efforts to disqualify them from spearheading the case.

Plaintiffs Reload in Fraud Case Against Cahill, BASF

By Scott Flaherty |

After getting their case back on track at the Third Circuit last year, a group of asbestos plaintiffs has filed a beefed-up complaint accusing Cahill Gordon and BASF Catalysts of deceiving the courts in long-running asbestos litigation.

Jenna Greene, Litigation Daily

A Note to Litigation Daily Readers

Some exciting changes are coming to the Litigation Daily this week.

TV Streamer FilmOn Wins Round Against Broadcasters

By Scott Flaherty |

Aereo and FilmOn relied on similar technology to stream TV shows without getting licenses from the major networks. After Aereo lost at the Supreme Court and went bankrupt, FilmOn tweaked its litigation strategy.

Chiquita Fails to Block SEC Release of Colombian Documents

By Susan Beck |

In response to a FOIA request by the National Security Archive, the SEC plans to release sensitive documents about a Chiquita subsidiary's payments to Colombian paramilitary groups.

Benedict Morelli of Morelli Alters Ratner.

Personal Injury Firm Joins Swedish Model, Ex-Cravath Lawyer in Libel Fray

By Scott Flaherty |

The defamation suits keep piling up against Benjamin Wey, the New York-based financier and stock promoter who bills himself as an "investigative journalist" on his online magazine The Blot.

Litigator of the Week: William Dawson of Gibson Dunn

By Scott Flaherty |

Dawson successfully defended drugmaker Sanofi-Aventis against a novel False Claims Act case alleging that his client defrauded the government by improperly getting a drug patent on a blood thinner.

U.S. Securities and Exchange Commission building.

Kilpatrick Lodges New Challenge to In-House SEC Proceedings

By Scott Flaherty |

The firm hopes to reprise a rare success in a growing trickle of cases challenging the constitutionality of the SEC's administrative enforcement regime.

Adam Levitt of Grant & Eisenhofer.

Judge Certifies Class of Plaintiffs Lawyers to Sue Plaintiffs Lawyers

By Scott Flaherty |

In a dispute arising from Bayer CropScience's $750 million settlement of litigation over rice crop contamination, a judge has certified a class of plaintiffs firms to pursue unjust enrichment claims against another set of plaintiffs firms.

Joan Lukey of Choate Hall & Stewart.

Stuck Facing Sidley, Patricia Cornwell Skips Retrial in $51M Fight With Anchin

By Scott Flaherty |

After saying goodbye to a $51 million jury verdict and losing a bid to disqualify opposing counsel at Sidley Austin, crime novelist Patricia Cornwell has decided to take her fight against her former financial advisers to a federal appeals court.

Signal Bankruptcy Plan Reserves $20M for Guest Workers

By Scott Flaherty |

The plan would set aside money for more than 200 Indian workers who claimed that Signal deceived and mistreated them when they were lured to this country to help in post-Katrina cleanup efforts.

Bancroft's Paul Clement

Beanie Babies Billionaire Beats Appeal Over Tax Dodge Penalty

By Scott Flaherty |

Here’s some advice if you’re a billionaire who wants to hide millions of dollars from the U.S. government: Make sure you have plenty of supporters who will testify about your charitable side if you eventually get caught. And if you need an appellate lawyer, hire the best.

Ethan Wohl of Wohl & Fruchter. SAC Capital wants the firm to cough up details of its arrangements with outside litigation funders.

SAC Capital Pursues Discovery Over Lawsuit Funding

By Scott Flaherty |

SAC Capital wants to know who's financing a case brought by shareholders of Elan Corp. against the hedge fund.

The former headquarters of Lehman Brothers in Manhattan.

Plaintiffs Strike Out in Lehman Employee Stock Plan Case

By Scott Flaherty |

The U.S. Supreme Court's 2014 ruling in Fifth Third v. Dudenhoeffer may have transformed the pleading requirements for ERISA plaintiffs, but it couldn't save claims against the administrators for Lehman Brothers Holding Inc.'s employee stock ownership plan.

Kasowitz Firm Wins Trial Over Stent Patent

By Scott Flaherty |

After 10 years of litigation, a federal jury found that Boston Scientific's Express stent infringed a patent held by Dr. G. David Jang, and that the company breached a 2002 agreement with Jang. The doctor is seeking more than $100 million.

Sirius XM Accused of Stiffing Class in $210M Copyright Deal

By Lisa Shuchman |

Sirius XM's settlement with major record labels improperly sidelined copyright claims by the rock band the Turtles, ignored the class that the band's founders represent and neglected to include attorney fees for class counsel, the band's attorneys argued on Wednesday.

Litigators of the Week: Matthew McGill of Gibson Dunn and Thomas Mayer of Kramer Levin

By Scott Flaherty |

When bondholders challenged a Puerto Rico debt restructuring law, their lawyers set off on a difficult quest to convince a federal judge in San Juan to invalidate the law aimed at helping the commonwealth grapple with crippling municipal debt.

Plaintiffs Ordered to 'Start Over' On Eve of Securities Class Action Trial

By David Bario |

U.S. District Judge Sam Sparks in Austin let a group of lawyers have it this week after he was forced to scuttle a long-planned securities class action trial against drugmaker Pain Therapeutics Inc.

Apple Knocks Out $533 Million Smartflash Damages Verdict

By Scott Flaherty |

The company's lawyers at Ropes & Grey and Gibson Dunn won a damages retrial in an East Texas showdown with patent holder Smartflash LLC.

After Third Circuit Win, Wal-Mart Stumbles in the Sixth

By Scott Flaherty |

It's been a big week for Wal-Mart Stores Inc. and its go-to appellate lawyer, Theodore Boutrous Jr. of Gibson, Dunn & Crutcher, who got to revel in one long-awaited ruling but suffered a setback in another.

Gibson Dunn's Matthew McGill argued for Puerto Rico bondholders at the First Circuit along with Thomas Moers Mayer of Kramer Levin.

Kramer Levin, Gibson Dunn Prevail in Puerto Rico Bond Battle

By Julie Triedman |

In what is likely the leading edge of a rash of multibillion-dollar disputes involving the Commonwealth of Puerto Rico, the first round has gone to a group of bondholders.

Marc Kasowitz is representing Macquarie Capital in its malpractice case against Morrison & Foerster.

MoFo, Macquarie Square Off in Puda Coal Malpractice Case

By Scott Flaherty |

Macquarie Capital appears to have made peace with U.S. regulators over the messy demise of China's Puda Coal. But Macquarie's fight with its former lawyers at Morrison & Foerster is just heating up.

Apple Keeps Lid on $533 Million Smartflash Patent Verdict

By Scott Flaherty |

The technology giant hasn't escaped the massive infringement verdict, but defense lawyers at Ropes & Grey headed off a potential $1.6 billion trebled damages award.

Former Goldman Sachs computer programmer Sergey Aleynikov (left) exits Manhattan Criminal Court with his lawyer, Kevin Marino, in New York, August 9, 2012.

Goldman Pulled Strings in Failed Aleynikov Case, Lawyer Says

By Scott Flaherty |

Defense lawyers usually react with jubilation when a judge throws out a client's conviction. Kevin Marino of Marino, Tortorella & Boyle used the occasion to lash out at Cyrus Vance and Goldman Sachs.

Neal Katyal

Litigator of the Week: Neal Katyal of Hogan Lovells

By Scott Flaherty |

Katyal won an important victory for employers when the Second Circuit adopted a more employer-friendly test to determine when interns need to be paid.

United Can Be Sued by Employee Who Got Death Threats

By Susan Beck |

An African-American flight attendant for United Air Lines who received anonymous death threats on the job can proceed with her hostile work environment against the airlines, now that the Fourth Circuit has vacated a lower court ruling.

Cablevision Wins Delaware Ruling on Executive Pay

By Scott Flaherty |

Vice Chancellor John Noble implied he was troubled by some pay decisions at Cablevision, but deferred to the company's compensation committee.

Citibank Can't Dodge Long-Running Forex Fraud Suit

By Scott Flaherty |

More than a dozen years after Allfirst Bank discovered $691 million fraud by foreign exchange trader John Rusnak, Citibank NA faces a potential trial in Manhattan on claims that it aided Rusnak's scheme.

Foley Fends Off Patent Claims by Kickstarter Rival

By Scott Flaherty |

Lawyers at Foley & Lardner convinced a Manhattan federal judge that ArtistShare's crowd-funding patent covered an abstract idea, making it ineligible for protection under Section 101 of the Patent Act.

Risky Bet Pays Off for Plaintiffs in Apple e-Book Case

By Scott Flaherty |

An unusual settlement between Apple and private plaintiffs who challenged e-book prices looks like quite a good deal for the plaintiffs and their lawyers, now that the Second Circuit has upheld the DOJ's antitrust win against Apple.

Benjamin Wey

Ex-Intern Wins $18M Verdict Against Financier Wey

By Scott Flaherty |

A Manhattan federal jury awarded Hanna Bouveng $18 million, including $16 million in punitive damages, in her sexual harassment and defamation lawsuit against Benjamin Wey.

JPMorgan Loses Round in Arbitration Dispute

By Scott Flaherty |

The U.S. Court of Appeals for the Second Circuit rejected JPMorgan's attempts to force a group of financial advisers into individual arbitration.

KKR Taps Ex-SEC Lawyer at Debevoise for SEC Fees Case

By Susan Beck |

When KKR faced a groundbreaking investigation by the SEC into its allocation of expenses, it turned to someone who is familiar with the agency’s views on that topic. It hired Debevoise partner Robert Kaplan, the former co-chief of the SEC's asset management unit.

Sirius Settles With Record Companies for $210 Million

By Susan Beck |

The company will pay $210 million to settle claims by five recording companies, including Capitol Records and Sony Music. Sirius still appears to be fighting two other lawsuits filed by '60s rock group The Turtles.

Benjamin Wey

Sexual Harassment Trial Closes Against Wall Street Trader

By Zoe Ferguson |

Swedish national Hanna Bouveng sued Benjamin Wey and his company, New York Global Group, for sexual harassment. Wey made a name in the business world by connecting Chinese companies with advisers and investors in the U.S.

Merrill Davidoff of Berger & Montague. HANDOUT.

Litigator of the Week: Merrill Davidoff of Berger & Montague

By Scott Flaherty |

Over 25 years of litigation ups and downs, Davidoff has represented property owners near the Rocky Flats nuclear weapons plant in Colorado who sued Dow and Rockwell. With a dramatic win from the Tenth Circuit, Davidoff and his clients may finally get some relief.

Tenth Circuit Berates Cox Legal Team's Tactics

By Susan Beck |

The court made it clear that it didn't appreciate the legal strategy of cable TV giant Cox in an antitrust class action, stating that it had engaged in a willful attempt to play "hide the ball."

Stanford Ponzi Suit Continues for Chadbourne and Proskauer

By Anita Abedian |

A Texas federal judge has allowed lawsuits to continue against Proskauer, Chadbourne and a former lawyer at the two firms over the roles they played representing convicted Ponzi scheme promoter R. Allen Stanford.

Surprising Reversal in Rocky Flats Case

By Scott Flaherty |

The Tenth Circuit rules for Colorado property owners in the quarter-century-old Rocky Flats litigation, dealing a blow to Dow and Rockwell and their lawyers at Kirkland & Ellis.

Walter Forbes, former chairman of Cendant Corp.

Second Circuit Rejects Forbes' Bid for New Trial

By Madeline Farber |

Walter Forbes, the former chairman of Cendant Corp. who was given a 12 1/2-year sentence for fraud, argued that he had newly discovered evidence in the form of testimony of a former CFO.

Kazakhstan Wins Access to Documents of Law Firm Clyde & Co

By Scott Flaherty |

In a battle over foreign oil and gas assets, the Republic of Kazakhstan has won a ruling that the New York office of U.K.-based law firm Clyde & Co must turn over information about the value of an oil and gas plant seized by the republic.

O'Melveny Gets Win in Florida for Sirius XM

By Zoe Ferguson |

In a turn of events, Sirius XM Radio and its lawyers at O’Melveny & Myers convinced a Florida judge that the founders of the 60s rock group the Turtles can't stop the radio company from playing their music.

Judge Scolds Intellectual Ventures, But Claims Survive

By Susan Beck |

Intellectual Ventures can pursue a patent infringement case against JPMorgan, but a judge warned it that "further gamesmanship will not be tolerated."

Dow Gets $6M in Attorneys Fees in Bayer Patent Dispute

By Anita Abedian |

Bayer raised multiple objections to the fees of Dow's lawyers at Orrick, including overstaffing claims, but the judge noted that Bayer had the same number of attorneys working for it.

Deutsche Bank Headquarters in Germany

Deutsche Bank Gets Another Statute of Limitations Win

By Susan Beck |

For the second time in a week, a Deutsche Bank affiliate has won a federal appeals court ruling on statute of limitations that has been a boon to banks.

Litigator of the Week: David Woll of Simpson Thacher & Bartlett

By David Bario |

Banks that sold or sponsored mortgage-backed securities in the run-up to the financial crisis breathed a sigh of relief last week, when Woll persuaded New York's highest court that the deadline for most investors to sue has long since passed.

Microsoft Gets Hearing to Explore Quinn Emanuel's Role for IRS

By Zoe Ferguson |

With billions of dollars possibly at stake, a federal judge granted the company’s request for a hearing to explore the IRS' use of Quinn Emanuel for a tax audit of the technology giant.

Entrepreneur Slapped by SEC Apologizes, Explains in Video

By Susan Beck |

On the same day that the SEC announced that it had reached a $20,000 settlement with Sand Hill Exchange for illegally running a fantasy stock trading operation, one of the company's young founders posted a self-made video apologizing.

Steak and Wine Cement Insider Trading Conviction

By Scott Flaherty |

Boston federal prosecutors won a conviction of golfer Eric McPhail, despite defense arguments that the Second Circuit's ruling last year in Newman barred cases like this.

Second Circuit Sinks London Whale Derivative Suit

By Scott Flaherty |

While lamenting how much deference it had to give a lower court judge, the court cleared away a derivative shareholder lawsuit against JPMorgan CEO Jamie Dimon and others over massive trading losses.

Judge Cuts Sheppard Mullin's Fees in Beastie Boys Case

By Scott Flaherty |

The judge declined to award the $2.4 million in legal fees that the Beastie Boys had requested after a copyright victory over the maker of Monster energy drink, granting instead less than $668,000.

How Davis Polk Emails Hurt Government in AIG Case

By Scott Flaherty |

The government and Davis Polk inadvertently opened up to discovery all of the law firm's communications with the government when two Davis Polk partners testified during the trial.

Hogan Lovells Wins Anthem Class Action Trial

By Scott Flaherty |

After 13 years of litigation, Hogan Lovells has won a defense verdict for Anthem Inc., beating a class action brought by thousands of Connecticut state employees seeking nearly $100 million.

FCC Building.

Broadcasters Lose Challenge to TV Airwaves Change

By Scott Flaherty |

The U.S. Court of Appeals for the D.C. Circuit upheld a FCC plan to repackage television airwaves for use by mobile Internet providers.

Capital One Gets Favorable Ruling in Security Patent Dispute

By Scott Flaherty |

A special patent master urged a federal judge to grant summary judgment in Capital One's favor on two data security patents that Intellectual Ventures accuses the bank of infringing.

Court of Appeals Building

Simpson Thacher Wins Key RMBS Ruling

By Scott Flaherty |

New York's highest court imposed strict time limits for investors to bring so-called put-back lawsuits against banks that packaged and sold mortgage-backed securities.

Litigators of the Week: Michael Magner of Jones Walker; Brian Heberlig and Reid Weingarten of Steptoe & Johnson

By Scott Flaherty |

This defense team convinced a New Orleans jury to acquit former BP executive David Rainey of charges he lied to federal investigators about the Deepwater Horizon oil spill.

Medtronic world headquarters in Minneapolis, MN.

Mayer Brown Notches Another Win for Medtronic

By Scott Flaherty |

This week's decision by the Second Circuit marks the latest in a string of mostly favorable rulings the firm has secured for Medtronic in litigation over its Infuse spinal fusion device.

Akos Stiller/Getty Images

Kirkland Loses Round in Mylan Conflict Fight

By Scott Flaherty |

As Kirkland & Ellis continues to fight claims that it violated conflict of interest rules to advise Teva in a hostile takeover bid for rival Mylan, Teva has opted to move on, hiring Sullivan & Cromwell.

Judge Suggests SEC's Administrative Cases Unconstitutional

By Scott Flaherty |

A federal judge blocked the SEC from continuing administrative proceedings against a real estate developer. Siding with lawyers at Kilpatrick Townsend & Stockton, the judge ruled that the SEC's administrative process may violate the Appointments Clause of the Constitution.

Photograph by Keith Bedford/Getty

Skadden Wins Round for American Apparel

By Scott Flaherty |

Two allies of American Apparel founder Dov Charney have been dealt a setback in their lawsuit attempting to help Charney regain control of the company.