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.
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.
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.
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.
Monday Mashup: The (Faint) Silver Lining in Immigration Reform; The Frack Master Gets Busted; A Judge Loses It In CourtBy 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.
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.
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.
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.
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.
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.
Litigators of the Week: David Dahlquist of Winston & Strawn and J. Robert Robertson of Hogan LovellsBy Amanda Bronstad |
David Dahlquist and J. Robert Robertson handed the Federal Trade Commission a rare loss in a hospital merger case.
Kudos to New York Attorney General Eric Schneiderman for getting Law360 to back off using noncompete agreements for its workers.
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.
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.
Monday Mashup: The IP Lit Boutique With Sky-High Salaries; Online Dating Tips From the SEC; Gawker Goes BankruptBy 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
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.
Ah, Maricopa County: Come for the triple-digit heat, stay for the civil rights violations.
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’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 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.
With $9 billion on the line, Google Inc. never lost faith in its lawyers at Keker & Van Nest.
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?
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.
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.
How to make your client hate you, in 10 easy steps.
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.
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.
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.
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."
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.
Plaintiffs Giant Darren Robbins on Scorched Earth, Worthy Opponents and What’s Next in Complex LitigationBy 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.
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?
Just because you say it benefits the little guy to ban class actions in favor of arbitration doesn't make it true.
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.
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.
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.
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.
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.
A team from Irell & Manella scored a win for Public Storage in a rare merger litigation case to go to trial in California.
A pair of board-friendly wins for Mundiya in New York and Delaware makes it tougher for shareholders challenging going-private transactions.
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.
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.
It was like winning the PR lottery: 15 seconds of unexpected fame for law firms featured on the TV game show "Jeopardy!"
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.
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.
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.
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.
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.
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.
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.
A look at some of the most notable lateral litigator moves in April.
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.
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.
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.
She’s been labeled a scourge of the sharing economy and a protector of its workers. Either way, Liss-Riordan isn’t going away.
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?
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.
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.
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.
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.
Richmond's $940 million jury verdict for Epic System is one of the largest ever in a trade secrets case.
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.
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.
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.
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.
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.
After a change in government and a change of lawyers, the end of Argentina’s long battle with bondholders may finally be near.
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.
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.
Can the Consumer Financial Protection Bureau convince an appeals court that director Richard Cordray is no tyrant?
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.
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.
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.
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.
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.
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.
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?
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.
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 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.”
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.
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.
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.
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.
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.
Regrouping after a setback at the Supreme Court, Steven Zalesin cleared Coca-Cola of long-standing false advertising claims by juice-maker POM Wonderful.
Lawyers for TCL Communication Technology Holdings are celebrating the latest turn in a worldwide IP battle against Ericsson.