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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."


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.


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.

Former Los Angeles Clippers owner Donald Sterling, right, and V. Stiviano, left, watch the Clippers play the Sacramento Kings during the first half of an NBA basketball game in Los Angeles, on Friday, Oct. 25, 2013.

How Many Ways Can You Lose a Lawsuit? Ask Donald Sterling

By Jenna Greene |

Remember Donald Sterling, the former owner of the L.A. Clippers? His lawsuit against the NBA and his wife over the forced sale of the team turned out to be the legal equivalent of throwing a brick. See how a Los Angeles federal judge systematically shredded his claims.

Exclusive: Feds Paid Judges $350M in Back Pay

By Jenna Greene |

The federal government has spent more than $350 million to settle back pay claims by federal judges, a Lit Daily investigation has found.

Mark Lanier, left, and John Beisner, right.

In Hip Implant Suits, Two Bellwethers, Two Outcomes--And a $500M Question

By Jenna Greene |

Bellwether trials can sometimes be about as reliable as a bunch of sheep following the one with a bell. Case in point: a $500 million verdict delivered by a Texas federal jury last week in a case involving hip implants.

Jonathan Youngwood.

Shout-Out: Simpson Spikes Lehman Brothers Suit

By Jenna Greene |

A team from Simpson Thacher & Bartlett led by new litigation practice co-head Jonathan Youngwood scored an appellate win on Friday for former members of Lehman Brothers’ Benefits Committee.

Kannon Shanmugam.

The Case That Ate the Appellate Bar

By Jenna Greene |

If it wasn’t apparent that an appellate decision on Friday against Mylan Pharmaceuticals Inc. involving the (deceptively sleepy-sounding) exercise of personal jurisdiction was a big deal, the list of lawyers alone should make it obvious.

Kurt Pankratz.

Shout-Out: Baker Botts Bests Quinn Emanuel in IP Battle

By Jenna Greene |

In his first trial to verdict as first chair, Baker Botts IP partner Kurt Pankratz successfully defended his client against a $59 million patent infringement claim. And he did so against one of the titans of the bar.

Litigator of the Week: James Rouhandeh of Davis Polk

By Scott Flaherty |

Rouhandeh’s persistence paid off in lingering litigation tied to $7 billion Ponzi scheme, to the great relief of his law firm client, Proskauer Rose.

Chief Judge Merrick Garland speaking after President Barack Obama announced his nomination to the U.S. Supreme Court at the Rose Garden.  March 16, 2016.

Garland Pick: Qualified, Yes. Exciting, No.

By Jenna Greene |

It’s hard to imagine a less controversial candidate for the U.S. Supreme Court than Merrick Garland. But is that the best criteria for a nominee?

Dressing for Deception: When Ads Cross the Line to Fake News

By Jenna Greene |

The sundress is cute, no question about it. But the way Lord & Taylor allegedly marketed it, paying for Instagram posts without disclosing the compensation and passing off an advertisement as a news article, stands as a warning to all businesses.

P. David Lopez.

With Ninth Circuit Win, EEOC Is Back on Top Again

By Jenna Greene |

The EEOC scored a major win in the U.S. Court of Appeals for the Ninth Circuit in a sexual harassment class action involving prison guards. Thank Mach Mining.

How Do You Market Litigators, Anyway?

By Jenna Greene |

In some ways, selling beer and selling lawyers isn't so different.

Jared Genser, of Freedom Now, at a press conference for the UN and the Unfair Trial of President Nasheed of the Maldives, at Doughty Street Chambers in London, England.  October 5, 2015.

Human Rights Hero Jared Genser on Dictators, DLA Piper and the World’s Worst Prisons

By Jenna Greene |

No lawyer in the world has a client list like Jared Genser. A former partner at DLA Piper, the human rights lawyer spoke with The Litigation Daily about his work, including his recent partnership with Amal Clooney to free the ex-president of the Maldives, and how law firms can help.

John Neuwirth

Litigator of the Week: John Neuwirth of Weil, Gotshal & Manges

By Scott Flaherty |

In his second securities class action win for drugmaker Sanofi this year, Neuwirth dissuaded the Second Circuit from taking a plaintiffs-friendly view of the Supreme Court’s decision in Omnicare.

Carmine Zarlenga, left, and Dale Giali, right.

Mayer Brown Sinks Coffee-mate Class Action

By Jenna Greene |

Plaintiffs in a would-be class action called coffee creamer Coffee-mate illegal and dangerous, not to mention unfit for human consumption. Mayer Brown lawyers used pre-emption to get the suit against Nestlé tossed.

Melinda Haag.

Meet Melinda Haag, Orrick’s New Litigation Head

By Jenna Greene |

Big firms don’t often hire lateral partners directly from the government, let alone bring them in to head their largest practice. That should tell you a lot about how highly Orrick Herrington & Sutcliffe regards Melinda Haag, the new head of the firm’s 425-lawyer litigation department. What are her plans?

Shout-Out: Crowell and Jones Day on Top in $200M Antitrust Fight

By Jenna Greene |

Lawyers from Crowell & Moring and Jones Day scored a win in a $200 million antitrust suit involving medical and surgical supplies for acute care providers.

Mark Zuckerberg.

Zuckerberg in the Hot Seat: Skadden’s Quest to Depose the Facebook CEO

By Jenna Greene |

On the list of things that Mark Zuckerberg doesn’t want to do, being deposed apparently ranks high. But even billionaires can’t sidestep the federal rules of civil procedure forever.

Hulk Hogan.

The Wrestler, the Sex Tape and the First Amendment

By Jenna Greene |

Can Gawker claim First Amendment protection for publishing a secret recording of pro wrestler Hulk Hogan having sex with his friend’s wife?

Republican candidate for president Donald Trump.

Trump the Scorched-Earth Litigant

By Jenna Greene |

The way Donald Trump uses the court system says something about his character—and it’s not good.

U.S. Court of Appeals for the Second Circuit.

The Day Gibson Dunn Took Over the Second Circuit

By Jenna Greene |

It was practically Gibson, Dunn & Crutcher day at the U.S. Court of Appeals for the Second Circuit on Thursday.

Lori Alvino McGill.

Wilkinson Walsh: ‘We Are Literally Turning Business Away’

By Jenna Greene |

It’s been just four weeks since litigation boutique Wilkinson Walsh + Eskovitz opened its doors, and the firm, which just added its seventh partner, says business is booming.

Kathleen Sullivan.

Litigator of the Week: Kathleen Sullivan of Quinn Emanuel

By Scott Flaherty |

After half a decade, the smartphone patent wars may be winding down without an unqualified winner. But not without unqualified wins.

Letter to the Editor: iPhones, the State and Privacy

Baker & Hostetler partner John Moscow weighs in on the fight between Apple and the FBI over iPhone decryption.

Daniel Volchok.

For Wilmer, a High Court ‘No’ Means a Client 'Yes'

By Jenna Greene |

Most of the time, getting the Supreme Court to deny cert isn’t much of an accomplishment. After all, the justices say no about 99 percent of the time. But sometimes, it is a big deal.

International Trade Commission headquarters in Washington, D.C.

Kirkland Notches a Quirky Win in a Quirky Forum

By Jenna Greene |

“The most interesting case I've ever seen.” That’s how U.S. International Trade Commission administrative law judge Thomas Pender described a fight over cutting-edge battery technology. But the best moments of the hearing came when the plainspoken judge called it like he saw it.

Bruce Sewell, Senior Vice President and General Counsel of Apple, Inc., testifies before the House Judiciary Committee during a hearing titled

Why Apple Should Unlock iPhones for Evidence

By Jenna Greene |

Until now, there has been no basement or attic, no safe or file cabinet, that’s been immune from a lawfully executed search warrant. It doesn’t feel right that iPhones should be an exception.

Delaware Court of Chancery.

M&A Litigation Isn’t Dead—Though Bottom Feeders May Lose Out

By Jenna Greene |

Not all plaintiffs lawyers are bemoaning a series of decisions from the Delaware Chancery Court cracking down on disclosure-only M&A settlements.

Orrick, Quinn, Irell Among California Litigation Department of the Year Winners

By Jenna Greene |

Lit Daily sibling publication The Recorder on Monday announced its picks for litigation department of the year in 2016. Who came out on top?

Leaping Litigators: February’s Biggest Lateral Moves

By Jenna Greene |

It’s the shortest month of the year, but February saw plenty of big-time lateral action. Here are some that caught our eye.

Michael Scarborough

Litigator of the Week: Michael Scarborough of Sheppard Mullin

By Scott Flaherty |

When patent and antitrust laws collided for Samsung Electronics Co., Sheppard Mullin's Michael Scarborough pulled out an important victory.

Matthew Larrabee, left, and Joshua Hess, right.

After an Eight-Year Fight, Dechert and Quinn Knock Out Class Against Schwab

By Jenna Greene |

Schwab was sued for investing too aggressively during the financial crisis. The key question for Judge Lucy Koh: Was the suit precluded by the Securities Litigation Uniform Standards Act?

An Obscure Law and a Novel Complaint May Finally Kill LGBT Conversion Therapy

Will the Federal Trade Commission use a consumer protection statute to do away with "conversion therapy" treatments that purport to change a person's sexual orientation or gender identification? They should.

Ex-Dickstein Lawyers Make a Splash at Blank Rome with Big Win

By Jenna Greene |

Here’s one way to make a good impression on your new partners: Win a huge case right after you merge into their firm.

Talk Too Fast? Say Um? Forget Something and Panic? 10 Ways to Be a Better Oral Advocate

By Jenna Greene |

For litigators, it’s not enough to know what to say. You also have to know how to say it.


Trial by Twitter: Kesha v. Dr. Luke

By Jenna Greene |

Music producer Dr. Luke may well prevail in a truly ugly breach of contract suit against the singer Kesha. But in the meantime, he’s getting clobbered in the court of public opinion. What happened? And could the lawyers have played it differently?

GlaxoSmithKline headquaters.

Glaxo Whistleblower Behind $3B Settlement Loses Battle Over Firing

By Scott Flaherty |

Has GlaxoSmithKline finally seen the last of whistleblower Blair Hamrick?

(l-r) Joshua Rosenkranz, Douglas Greenswag, and Patrick McElhinny.

Litigators of the Week: Douglas Greenswag and Patrick McElhinny of K&L Gates and E. Joshua Rosenkranz of Orrick

By Scott Flaherty |

The trio’s efforts in a high-stakes fight for Carnegie Mellon University paid off this week to the tune of $750 million.