Top Stories

Report Says Securities Class Actions Fizzled in 2014

By Scott Flaherty |

A rising tide may lift all boats, but a rising stock market may be helping to sink the fortunes of the securities class action plaintiffs bar.

The federal courts building in Manhattan.

Interns, Employers Prepare for Second Circuit Showdown

By Scott Flaherty |

The court is poised to hear two appeals this week stemming from a rash of class actions brought by disgruntled unpaid interns. The outcome could determine whether the litigation was just a flash in the pan for the interns' enterprising lawyers—or if it's just getting started.

California Appeal Looms Over Sirius Copyright Fight

By Scott Flaherty |

Courtroom setbacks for Sirius XM Radio spawned a fresh wave of copyright lawsuits last week. But Sirius could begin to reverse the plaintiffs' momentum if a California appeals court grants the company's pending plea for intervention.

Wal-Mart, Biz Groups Look to Topple Gun Sales Proposal

By Scott Flaherty |

Backed by business groups, Wal-Mart Stores Inc. and its lawyers at Gibson, Dunn & Crutcher fired their opening shots this month in a federal appeal over shareholder efforts to challenge Wal-Mart's sales of guns and other "offensive" products.

Matthew Moore

Jaguar, Ford Defeat Auto Display Patent Claims

By Scott Flaherty |

Barring a reversal, Wednesday's ruling signals the successful conclusion of a three-year patent battle for the two automakers, which were represented by lawyers at Latham & Watkins and the boutique firm Erise IP.

William Jay of Goodwin Procter

Litigator of the Week: William Jay of Goodwin Procter

By Scott Flaherty |

Jay scored a key patent victory for Teva at the U.S. Supreme Court, reversing a loss for his client and persuading the court once again to rein in the U.S. Court of Appeals for the Federal Circuit.

Sheldon Silver

With Silver Allegations, 'Prestige' Hire Backfires for Weitz & Luxenberg

By David Bario |

The asbestos plaintiffs firm Weitz & Luxenberg told federal investigators that it hired New York Assembly Speaker Sheldon Silver in order to grow the firm's "prestige," not to gain client referrals. But things didn't exactly turn out that way.

Thomas Goldstein of Goldstein & Russell

Supreme Court Rules Investors Can Appeal Libor Ruling

By Scott Flaherty |

Handing a win to appellate specialist Thomas Goldstein of Goldstein & Russell, the U.S. Supreme Court ruled Wednesday that a group of bond purchasers can't be forced to wait to appeal a ruling dismissing antitrust claims over alleged manipulation of the Libor interest rate.

U.S. Securities and Exchange Commission building.

S&P's Litigation Woes Continue After SEC Deal

By Scott Flaherty |

Standard & Poor's agreed Wednesday to suspend part of its business and to fork over nearly $80 million to federal and state regulators. But S&P's lawyers still have their work cut out for them in government actions stemming from the financial crisis.

Judge Sides with Dish in Fox Copyright Ruling, Says Aereo No 'Game-Changer'

By Scott Flaherty |

Dish and its lawyers at Orrick came out ahead in an important early test of the Supreme Court's decision in American Broadcasting Companies v. Aereo, largely escaping Fox Broadcasting's copyright claims over technology that records network television and replays it commercial-free.

U.S. Federal Trade Commission building

Eleventh Circuit Sides With FTC in LabMD Data Breach Case

By Scott Flaherty |

The court rejected a bid by LabMD and its lawyers to halt an FTC administrative proceeding stemming from a 2008 breach of patients' confidential information.

Supreme Court Rejects Teva Appeal in Drug Labeling Case

By Scott Flaherty |

Dealing a blow to Teva Pharmaceuticals and its lawyers at Kirkland & Ellis, the high court declined to hear a closely watched appeal over when federal law preempts patient lawsuits against generic drug companies.

U.S. Securities and Exchange Commission building.

Ex-S&P Exec Joins Battle Against SEC Administrative Actions

By David Bario |

A quartet of lawsuits challenging the SEC's in-house enforcement actions became a quintet on Friday, signaling that it may take a federal appeals court—and perhaps even the U.S. Supreme Court—to decide once and for all whether the agency's administrative proceedings pass muster.

Credit Suisse in Plaintiffs' Sights After Freeport-McMoRan Deal

By Julie Triedman |

There was plenty about this week's $137.5 million Freeport-McMoRan settlement to fire up the shareholder M&A litigation bar. But the next chapter in the Freeport case could be even more interesting.

Delaware Drug Patent Cases Test Jurisdiction After Daimler

By Scott Flaherty |

After the Supreme Court's ruling in Daimler v. Bauman, lawyers for N.J.-based Mylan Pharma told a Delaware judge that the company didn't expect to be sued in the state ever again. Instead, the latest post-Daimler ruling tightens the state's claim to jurisdiction even further.

Stephen Korniczky

Litigator of the Week: Stephen Korniczky of Sheppard Mullin

By Scott Flaherty |

Korniczky didn't just soundly defeat a patent lawsuit against his client HTC. After six years of litigation—and some help from his big brother—he turned the tables so thoroughly on his opponent's lawyers that they're now on the hook for as much as $4.7 million in sanctions.

Vermont Keeps Case Against 'Patent Troll' MPHJ in State Court

By Lisa Shuchman |

After repeatedly failing to thwart a lawsuit brought by Vermont's attorney general, MPHJ Technology Investments suffered another setback this week when a federal judge remanded the AG's case to state court for the second time.

Court OKs New Arbitration over Citi's $7.5B Abu Dhabi Deal

By Scott Flaherty |

The Abu Dhabi Investment Authority and its lawyers at Quinn Emanuel are finally getting some good news in their long-running fight with Citigroup Inc.

Raymond Niro

Niro Firm Looks to Revive RPX Corp. Antitrust Suit

By Scott Flaherty |

After making headway in a patent infringement lawsuit targeting Samsung and HTC, Cascades Computer Innovation, a descendent of the "original patent troll," is now looking to reboot its related antitrust case against "defensive patent aggregator" RPX.

Letter: In Defense of U.S. Circuit Judge William Pryor Jr.

Former Alabama Attorney General William Baxley II responds to American Lawyer columnist Susan Beck's depiction of an Eleventh Circuit ruling on workplace discrimination.

Kirkland Scores Again for Bard in $1.9 Billion Patent Fight

By Julie Triedman |

The firm cemented a hard-fought patent victory for client C. R. Bard on Tuesday, fending off the latest appeal in a case that's already cost rival medical device maker W.L. Gore $1.25 billion—and could cost it nearly $800 million more over the next five years.

The MetLife building at 200 Park Ave.

Gibson Dunn, Sullivan & Cromwell Mount Attack for MetLife

By Scott Flaherty |

The insurance giant tapped Eugene Scalia of Gibson Dunn and S&C's H. Rodgin Cohen to file a first-of-its-kind lawsuit challenging the federal government's designation of the company as a "systemically important" financial institution subject to stricter regulation.

McKenna Long Can't Dodge Arbitration Over Patent Campaign

By Lisa Shuchman |

A federal judge refused to let the firm off the hook in an arbitration stemming from an investment fund's loan of more than $20 million to fuel patent infringement litigation. 

JPMorgan Must Face Trustee's $500 Million MBS Suit

By Scott Flaherty |

Siding with Quinn Emanuel and reversing his own prior ruling, a judge breathed new life into a lawsuit against JPMorgan Chase and EMC Mortgage over $500 million in mortgages that now-defunct Bear Stearns bundled into securities and sold to investors.

The U.S. Supreme Court building

High Court Rejects Appeal Over Agency's Deadline to Sue Banks

By Scott Flaherty |

The U.S. Supreme Court refused to consider whether the National Credit Union Administration waited too long to sue over billions of dollars in allegedly shoddy securities. But questions underlying the banks' challenge still may not be fully resolved.

Shirley Werner Kornreich

N.Y. State Judges Taking Hard Line on Shareholder Deals

By Susan Beck |

The latest "disclosure-only" shareholder settlement to draw a judge's ire would have resolved litigation over Martin Marietta Materials Inc.'s $2.7 billion acquisition of Texas Industries.

JPMorgan Inks Deal to End Bear Stearns Securities Class Action

By David Bario |

The bank agreed to pay about $500 million to resolve class action claims stemming from Bear Stearns' sale of nearly $17.6 billion of the securities prior to the 2008 financial crisis.

The federal courts building in Manhattan.

New York Terror Trial Targets Palestinian Authority, PLO

By Julie Triedman |

Opening statements are set for Tuesday in the latest international terrorism trial to come to New York, pitting U.S. terror victims and their families against the Palestinian Authority and the Palestine Liberation Organization.

Kevin Abrams

Litigator of the Week: Kevin Abrams of Abrams & Bayliss

By Scott Flaherty |

Siding with Abrams, a Delaware judge refused to foist new rules on hedge funds using a strategy called appraisal arbitrage to squeeze profits out of allegedly undervalued M&A deals.

Eighth Circuit Tosses Cy Pres Award in Bank of America Case

By David Bario |

In the latest appellate victory for Theodore Frank of the Center for Class Action Fairness, a panel overturned a judge's decision to award funds left over from a $490 million securities class action to a Missouri legal charity.

Symantec headquarters in Mountain View, Calif.

Judge Nixes 'Patent Troll' Label as Intellectual Ventures Trial Looms

By Scott Flaherty |

Lawyers at Latham & Watkins representing Symantec Corp. can't refer to Intellectual Ventures as a "troll" or bash the USPTO for issuing bad patents when a scheduled trial gets underway later this month, a Delaware judge has ruled.

Chiquita Plaintiffs Take Alien Tort Case to High Court

By Scott Flaherty |

After Covington & Burling derailed efforts to hold Chiquita Brands International liable for facilitating war crimes in Colombia, human rights lawyers have turned to the U.S. Supreme Court in hopes of resurrecting their claims under the beleaguered Alien Tort Statute.

Travelers Stuck With $500M Tab in Manville Asbestos Saga

By Scott Flaherty |

After striking out at the Second Circuit, will Simpson Thacher try one more appeal in its long-running efforts to free Travelers Indemnity Co. from more than half a billion dollars in asbestos liability?

O'Melveny's Dan Petrocelli

O'Melveny Faces Sanctions Bid in Sirius XM Copyright Fight

By Lisa Shuchman |

Lawyers representing two founding members of the rock band The Turtles accused O'Melveny & Myers of raising frivolous arguments and misleading a judge in multifront copyright litigation involving Sirius XM Radio.

JPMorgan Inks Deal to Exit Forex Antitrust Case

By Scott Flaherty |

JPMorgan Chase & Co. and its lawyers at Skadden, Arps, Slate, Meagher & Flom have laid down their arms in antitrust litigation accusing a dozen banks of manipulating foreign exchange rates.

Samsung, LG Lose Bid to Toss Touch Screen Patent Lawsuit

By Scott Flaherty |

Defense lawyers at Greenberg Traurig and Rothwell, Figg Ernst & Manbeck failed to deflect allegations by plaintiff FlatWorld Interactives that Samsung and LG infringed a patent related to "throwing" an image from a touch screen by swiping quickly.

The Global Lawyer: Daimler v. Bauman One Year Later

By Michael D. Goldhaber |

Daimler was the legal equivalent of a 70-year flood. Which case law precincts are in the flood's path?

Wachtell's home at the CBS Building in Manhattan.

Judge Keeps Icahn, Wachtell Battling on Two Fronts

By Susan Beck |

A very nasty fight between Wachtell, Lipton, Rosen & Katz and Carl Icahn will continue in both state and federal court in New York, at least for now.

Former UFC fighter Jon Fitch in 2010.

UFC Taps Boies Schiller for Antitrust Fight

By Scott Flaherty |

Partner William Isaacson will lead the UFC's defense against a potential antitrust class action by current and former professional mixed martial arts fighters.

Samsung Beats Patent Trial After $24 Million Apple Loss

By Scott Flaherty |

A month after a jury ordered iPhone maker Apple Inc. to pay nearly $24 million for infringing pager-era technology, Greenberg Traurig helped Apple's chief smartphone rival, Samsung Electronics, beat infringement claims in the same court over the very same patents.

Judging the Judges in 2014

By Susan Beck |

What were the best and worst court decisions of the year in the world of business law? American Lawyer columnist Susan Beck gives us her picks.

Top Simpson Thacher Litigator Signs On as Takata GC

By Scott Flaherty |

Securities defense pro Bruce Angiolillo is leaving his lifelong Simpson Thacher career behind to guide embattled auto parts maker Takata through a U.S. legal minefield.

Credit Suisse Ruling Helps Preserve Martin Act's Reach

By Scott Flaherty |

A New York judge poured coal in the stockings of defendants looking for vulnerabilities in New York's 93-year-old Martin Act, the state's fearsome tool for combating financial fraud.

While supplies last: Aereo's tiny antennas.

Order Paves Way for Aereo Asset Sale

By Scott Flaherty |

But the TV broadcasters whose copyright claims drove Aereo into bankruptcy will be paying close attention as bidders pick over the company's carcass.

Litigators of the Week: A Look (Way) Back

By Julie Triedman |

In five years of Litigator of the Week features, a handful of partners and their law firms managed to stand out from their competitors.

Argentine President Cristina Fernández de Kirchner.

The Global Lawyer: In the Case of Vultures v. Deadbeats, the Market Is Winning

By Michael Goldhaber |

The courts are at an impasse with Argentine bonds. But capital markets have moved on.

BNY Mellon, MBS Trustees Score Second Circuit Win

By Scott Flaherty |

Siding with lawyers at Mayer Brown, the Second Circuit thwarted a potential class action brought by pension funds seeking to recoup losses from financial institutions that served as trustees for RMBS trusts.

EEOC Beats $4.7 Million Fee Award in CRST Sex Bias Case

By Scott Flaherty |

After a bruising year in the courts, the U.S. Equal Employment Opportunity Commission managed to save some face this week in battle over attorney fees.

Dow Could Get Attorney Fees from Bayer Again

By Scott Flaherty |

A federal magistrate judge recommended that Bayer CropScience pay $5.46 million to cover Dow’s attorney fees in a patent dispute over soybean seeds.

D.C. Circuit Rules Against North Korea in Torture Case

By David Bario |

A federal appeals court set its sights on North Korea on Tuesday, finding sufficient evidence of abductions, torture and murder by the hermit kingdom to warrant a default judgment for the family of one of its victims.

Goldman Can't Force Arbitration in NCUA Case

By Susan Beck |

The Second Circuit ruled that Goldman Sachs can’t force the National Credit Union Administration to arbitrate a dispute, despite the existence of a mandatory arbitration clause.

Google Can't Derail Mapping Patent Claims Ahead of Trial

By Scott Flaherty |

With a scheduled trial less than a month away, Google and its lawyers at Perkins Coie failed Monday to escape a 3-year-old patent infringement lawsuit targeting two of its hugely popular mapping programs, Google Earth and Street View.

Cymbalta Plaintiffs Falter as Lilly Beats 'Brain Zaps' Class Action

By Scott Flaherty |

Eli Lilly's defense lawyers at Covington & Burling are on a roll in a string of lawsuits accusing the drug maker of misrepresenting the withdrawal risks of its blockbuster antidepressant, Cymbalta.

Linda Singer.

Cohen Milstein Partner Dominates Report on State AG Contingency Litigation

By Scott Flaherty |

Former Washington, D.C., attorney general Linda Singer bore the brunt of a skeptical New York Times report on private firms that coax state AGs into action.

Target Suffers New Blow in Data Breach Case

By Scott Flaherty |

Just weeks after Target Corp. failed to escape claims that it's liable for a massive data breach that cost banks billions of dollars, a judge refused to dismiss most of a proposed consumer class action over the same late-2013 hack attack.

Judge Nixes NCAA Concussion Settlement

By Susan Beck |

Lawyers for the student-athletes, led by Hagens Berman's Steve Berman, would have gotten at least $15 million in fees and up to $750,000 for out-of-pocket expenses under the settlement, all of which would have come out of a $70 million medical monitoring fund.

Unilever Drops False Ad Lawsuit Against Just Mayo

By David Bario |

Unilever, the maker of Hellmann's Real Mayonnaise, abruptly dismissed its own false advertising suit against eggless mayonnaise upstart Just Mayo.

David Wasinger

St. Louis Lawyer Scores Again in BofA Whistleblower Case

By Scott Flaherty |

David Wasinger's whistleblower clients helped the government collect a whopping $2.2 billion from Bank of America and JPMorgan this year. They've been awarded roughly $123 million for their troubles, suggesting that Wasinger and his tiny firm will be enjoying happy holidays indeed this month.

Litigators of the Week: William Isaacson and Karen Dunn of Boies, Schiller & Flexner

By David Bario |

Plaintiffs lawyers kept a billion-dollar antitrust class action against Apple smoldering for a whole decade, until Isaacson and Dunn stepped in to douse the flames.

Aereo in action, before the bankruptcy.

Broadcasters Pursue Aereo in Bankruptcy Tug-of-War

By Scott Flaherty |

After driving online TV startup Aereo out of business, the broadcast networks are fighting to lift a hold on litigation stemming from the company's Chapter 11 filing so they can press their infringement claims and secure their pound of flesh.

Boies Schiller Takes On Forbes Over Mexican Corruption List

By David Bario |

Days after David Boies threatened major media organizations over hacked Sony emails, his firm has picked another fight with a respected news outlet, accusing Forbes of publishing "a hit piece of the worst sort" about an aide to former Mexican President Felipe Calderón.

Linda Singer.

Cohen Milstein Fends Off DQ Bid in Opioids Marketing Case

By Scott Flaherty |

Accused of inundating the country with addictive painkillers, drug companies went on the attack against their accusers. This week plaintiffs lawyers representing the city of Chicago took a step toward putting the drugmakers back on the defensive.

A&P, Wachtell Join Namenda Fight as Actavis Appeals Injunction

By Scott Flaherty |

Less than a week after a judge blocked Actavis from forcing patients to switch to new version of its Alzheimer's drug Namenda, the company brought on new legal firepower from Arnold & Porter and Wachtell, Lipton, Rosen & Katz to take the case to the Second Circuit.

U.S. Securities and Exchange Commission building.

SEC Drops Insider Trading Case over Herbalife Short

By Scott Flaherty |

The Securities and Exchange Commission's enforcement action against an accused insider trader appears to have unraveled, as the agency admitted Monday that it can't produce two key witnesses to testify about an alleged tip-off regarding Herbalife Ltd.

The Turtles.

Judge Slams O'Melveny in Sirius XM Copyright Brawl

By Lisa Shuchman |

Soon after swooping in to represent Sirius XM Radio in potentially industry-shaking copyright litigation, O'Melveny & Myers suffered a nasty setback when a judge ruled that newly-cited precedent trumpeted by the firm had been overruled 60 years ago. 

Lehman Trustee Takes Barclays Fight to Supreme Court

By David Bario |

Monday's petition—should the Supreme Court grant it—raises the prospect of a high court showdown between former U.S. solicitor general Paul Clement and David Boies of Boies, Schiller & Flexner over Barclays' firesale acquisition of Lehman Brothers' brokerage business.

Wilmer's Seth Waxman

Wilmer's Waxman To Take on Spider-Man Toy Inventor in Marvel Royalties Row

By Scott Flaherty |

In a case pitting former U.S. solicitor general Seth Waxman against a solo attorney who invented a web-slinging toy with his son, the Supreme Court agreed to reconsider 50-year-old precedent on whether royalty requirements can extend beyond a patent's expiration.

U.S. Securities and Exchange Commission building.

SEC Wins a Round in Battle over Agency Actions

By Scott Flaherty |

A Manhattan federal judge has injected new doubts into a string of cases challenging an increasingly common tactic by the Securities and Exchange Commission: pursuing fraud and insider trading claims in agency enforcement proceedings, rather than in federal court.

Litigators of the Week: Stephen Fishbein, John Nathanson and Mark Pomerantz

By David Bario |

Shearman & Sterling's Fishbein, who argued the successful insider trading appeal in U.S. v. Newman alongside Mark Pomerantz of Paul Weiss, says it's wrong to think that the Second Circuit made insider trading too tough to prove. But, he says, "it's going to be harder to prove when the defendants are innocent."

FINRA Fines Banks for Mixing Research, Investment Banking Biz

By Scott Flaherty |

A decade after a crackdown that was supposed to rein in research conflicts at Wall Street banks, the industry's self-regulator levied $43.5 million in penalties Thursday against 10 leading banks accused of using their research analysts to drum up investment banking business.

Trial Looms for Deloitte Over Decade-Old Adelphia Collapse

By Scott Flaherty |

Dredging up memories that the company would sooner forget, Deloitte & Touche LLP is suddenly facing a trial over its role as auditor for Adelphia Communications Corp., the once-mighty cable company that imploded spectacularly in 2002.

Google Can't Dodge $85M East Texas Patent Verdict

By Scott Flaherty |

The search giant's lawyers at Kilpatrick Stockton & Townsend failed to overturn a damages verdict handed down earlier this year by a jury in Marshall.

Judge Sets Damages Trial in Arab Bank Terror Funding Case

By David Bario |

Cutting short a dispute over how to sort out damages for roughly 300 plaintiffs in the wake of a landmark terrorism financing verdict, a Brooklyn judge ordered a bellwether trial to begin in May 2015.

Military Contractor (Mostly) Wins Battle with Ex-Partner

By Scott Flaherty |

In his 16 years as a judge, U.S. District Judge William Pauley III in Manhattan has surely seen uglier cases than a legal brawl between two ex-service members who made a fortune contracting for the U.S. military. But the "litigation bonanza" clearly got under Pauley's skin.

Manhattan U.S. Attorney Preet Bharara

Second Circuit to Insider Traders: Trade Away!

By Susan Beck |

Are you looking to make extra money trading on inside information, but worried about the risks? The U.S. Court of Appeals for the Second Circuit has good news for you.

U.S. District Judge Laura Taylor Swain

Six Years On, Madoff Subordinates Get Prison Terms

By Susan Beck |

A judge is continuing to dole out prison sentences for associates of fraudster Bernie Madoff, though so far this week the defendants have gotten away with lighter terms than prosecutors sought.

Arab Bank lawyers (from left) Brett Ingerman, Shand Stephens and Anthony Coles entering Brooklyn federal court on Aug. 14, 2014.

Arab Bank Asks Judge to Scrap Terror Damages Trial

By David Bario |

Instead of putting damages before a jury early next year, Arab Bank's lawyers at DLA Piper want a judge to adopt a $12 million award levied against Iran in a related case, and to enter judgment so that their client can hurry up and appeal.

CBS Deal Ends Blackout, Litigation Risk for Dish

By Lisa Shuchman |

After failing for two years to neutralize Dish Network's ad-skipping AutoHop feature in the courts, CBS reached a deal over the weekend that will keep the ads flowing.

Irving Picard

Investors Win Madoff 'Fictitious Profits' Appeal

By David Bario |

A Second Circuit panel concluded that trustee Irving Picard's bid to claw back about $1.6 billion in "fictitious profits" from Madoff investors is barred by a provision of the bankruptcy code that was designed, ironically, to minimize uncertainty in the securities markets.

The U.S. Supreme Court building

Libor Litigation Heads to SCOTUS, Sort Of

By Susan Beck |

Should bond investors be able to appeal a key ruling gutting private litigation against banks that allegedly manipulated Libor? Or, as the banks argue, does their bid to challenge the ruling early represent a threat to the lower courts and the multidistrict litigation process?

E-Commerce Patents Divide Federal Circuit Panel

By David Bario |

A divided ruling on Friday shows that months after Alice v. CLS Bank, the Federal Circuit still can't agree about patent eligibility.

Howard T. Markey National Courts Building/U.S. Court of Appeals for the Federal Circuit in Washington, DC.

Federal Circuit Scraps $176M Covidien Patent Win

By Susan Beck |

After more than a decade of litigation over a high- tech surgical knife, a unit of Johnson & Johnson has finally won a ruling that its device doesn't infringe a competitor's patent.

Robert Wick

Litigator of the Week: Robert Wick of Covington & Burling

By David Bario |

Wick twice persuaded the Seventh Circuit to throw out $3.5 billion in price-fixing claims against Asia-based LCD panel manufacturers, winning a decision last week with important implications for other foreign and U.S. companies.

U.S. District Judge J. Paul Oetken

Acacia Can't Dodge Samsung Breach of Contract Lawsuit

By David Bario |

Acacia Research Corporation escaped a big chunk of Samsung's suit, but it lost a bid to dismiss claims that it reneged on a deal not to sue Samsung's customers for patent infringement.

SEC's $47M Life Partners Win Could Derail Investor Class Action

By David Bario |

The SEC's award is far less than the $2 billion that the agency was seeking. But it may be more than enough to frustrate plaintiffs lawyers pressing a parallel investor class action against the "life settlement" company and its executives.

Sirius Hopes New Lawyers, Old Case Law Can Undo Copyright Rulings

By David Bario |

Sirius XM Radio reacted to a string of courtroom losses by firing its law firms and bringing in new lawyers from O'Melveny & Myers. Can the firm reverse its client's fortunes by citing a ruling from radio's golden age?

Mark Zuckerberg

Ceglia Lawyer Comes Out Swinging in Facebook Case

By David Bario |

Six weeks after Facebook sought revenge on Paul Ceglia's lawyers, one of the defendants is hoping to turn the tables yet again.

U.S. Patent & Trademark Office.

Federal Circuit Eyes PTO Standards in Versata Appeal

By Lisa Shuchman |

The patent bar will be watching closely this week when the Federal Circuit hears the first appeal of a PTAB decision related to a covered business method patent.

Delaware Firm Extends Hot Streak with Wal-Mart Ruling

By David Bario |

With just four lawyers, Wilmington's Friedlander & Gorris is giving corporations and their directors a run for their money.

Parties Face High Court Reckoning in Ariz. Redistricting Case

By Todd Brewster |

The November midterm elections showed the Republicans' electoral ascendancy in Congress and many state legislatures. But the future of the party's dominance may hinge in part on a case that the U.S. Supreme Court took up the month before.

Litigator of the Week: Faith Gay of Quinn Emanuel

By Susan Beck |

Gay won a key procedural ruling for client Colgate-Palmolive in tort litigation over talcum powder.

Weight of Longtop Investor Case Falls on Ex-CFO

By David Bario |

In the end, the biggest defendants in the Longtop class action remained beyond the plaintiffs' reach.

The Global Lawyer: A Pro Bono Playdate for Thanksgiving

By Michael D. Goldhaber |

To get these babies together took lobbying the House minority leader, and melting the heart of ICE.

FilmOn Fights On After Aereo Bankruptcy

By Lisa Shuchman |

Online streaming company Aereo Inc. filed for bankruptcy protection last week. But its competitor FilmOn X LLC is still alive and kicking, clashing with the broadcast networks in court and pressing the FCC for the right as a Web-only video distributor to retransmit broadcast signals.

Posner Slams 'Selfish' Class Settlement in Latest Coup for Ted Frank

By Susan Beck |

With his latest victory at the Seventh Circuit, Frank says his Center for Class Action Fairness has wiped out more than $270 million in fees for plaintiffs lawyers who negotiated settlements that stiffed class members.

The Appellate Division, First Department, at 27 Madison Ave.

New York Joins Delaware, Rejects 'Entire Fairness' Test for Kenneth Cole Buyout Deal

By Susan Beck |

The N.Y. ruling comes seven months after the Delaware Supreme Court held that courts should use the management-friendly business judgment rule to review going-private deals like the buyout planned for Kenneth Cole.

Aereo founder and CEO Chet Kanojia.

Aereo Bankruptcy Ends One Chapter, Starts Another

By David Bario |

Five months after the U.S. Supreme Court decided Aereo's business model was in direct conflict with copyright law, the online television company announced Friday that it filed for bankruptcy protection. But Aereo says its lawyers still have plenty of work to do.

High Court Eyes First Amendment Puzzle in Elonis Appeal

By Todd Brewster |

The U.S. Supreme Court is used to arguments over what words mean—hence the terms "originalist" and "textualist" and the quarrels over congressional intent. Next month the court will hear oral arguments in a case that engages words in a uniquely modern context: one involving rap music and social media.

Winn Carter of Morgan Lewis

Litigator of the Week: Winn Carter of Morgan, Lewis & Bockius

By David Bario |

After two codefendants fled a billion-dollar trial over catastrophic pollution with a last-minute settlement, Carter and his client faced the jury alone and walked away with a take-nothing verdict.

London skyline

The Global Lawyer: Pro Bono Law in an Anti Bono Land

By Michael D. Goldhaber |

Is pro bono about feeling good, or maximizing legal services for the poor?