Top Stories

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?

Intern Litigation Update: Gucci Sued, Condé Nast Cuts a Deal

By David Bario |

A magazine giant inked a settlement to escape one intern class action while a fashion icon got roped into another.

Jay Greenberg (L) and Max Volsky of LexShares

Litigation Finance Meets Crowdfunding With New Wall Street Startup

By David Bario |

LexShares, a crowdfunding platform aimed at financing lawsuits, is banking on the notion that mainstream investors will want to cash in on the growth of third-party litigation funding.

Daniel Petrocelli gives a talk on defending Enron's Jeff Skilling at Le Meridian Htoel.11/14/06.CD 41-2006.Photo by Shelley Eades, The Recorder

Sirius XM Ousts Weil, Taps O'Melveny in Copyright Cases

By Susan Beck |

After a string of adverse rulings in a battle over the rights to pre-1972 music, Sirius XM Radio Inc. has completely replaced its legal team with a squad of lawyers from O'Melveny & Myers, led by Daniel Petrocelli.

The Turtles.

Sirius XM Suffers Another Loss in Turtles Copyright Crusade

By Lisa Shuchman |

In a decision that upsets the status quo for the music and copyright worlds, a New York federal judge ruled that the owners of pre-1972 sound recordings have performance rights to their songs and can therefore sue for copyright infringement.

Unilever Faces Blowback in Mayonnaise False Ad War

By David Bario |

Evidence that Unilever altered its website to buttress false advertising claims against Just Mayo provoked a new round of bad press—and possibly ammunition for Boies Schiller to fight the company's preliminary injunction bid.

Supremes Won't Revisit Summary Judgment Standards in Milk Antitrust Case

By David Bario |

Wilmer's Seth Waxman, along with Steven Kuney of Williams & Connolly, cast Dean Foods v. Food Lion as a chance for the Supreme Court to clear up confusion over the ingredients for a successful summary judgment motion. But the justices didn't take the bait.

D.C. Circuit Rules SEC Can Shield FINRA Records

By Susan Beck |

Thanks to what one judge called an "ill-conceived amendment" to the 1934 Exchange Act, an appellate panel held that the SEC doesn't have to hand over documents regarding the handling of investor complaints by the Financial Industry Regulatory Authority.

The U.S. Court of Appeals for the Second Circuit in Manhattan.

CDO Manager Chau Comes Up Short in Libel Appeal

By David Bario |

After almost half a decade as a poster child for Wall Street greed and incompetence, investment adviser Wing Chau won a measure of sympathy from a judge on Friday. But for Chau and his lawyers at MoloLamken, the news is too little, too late.

Litigators of the Week: David Heiman, Bruce Bennett and Heather Lennox of Jones Day

By Susan Beck |

The team led the army of Jones Day lawyers that shepherded Detroit through its historic bankruptcy—and possibly the start of the city's resurgence.

Goldman Sachs CEO Lloyd Blankfein.

Dragon Founders Lose Again Despite 'Sloppy' Goldman Advice

By David Bario |

Sometimes bad advice is negligence, and sometimes it's just bad advice.

Psst, Bank Regulators: Can You Give Us a Name?

By Susan Beck |

Why is it so hard for the government to identify the people who are gaming our financial system?

Dairy Giant Hopes to Tempt SCOTUS with New Antitrust Puzzle

By David Bario |

The Supreme Court's rulings in Bell Atlantic v. Twombly and Comcast v. Behrend made it tougher for plaintiffs to survive dismissal motions and win class certification. Now, says U.S. dairy giant Dean Foods, the court should go one further.

Squire Patton Boggs Gears Up for DQ Hearing in Megabucks Sugar Case

By Julie Triedman |

An apparent slip-up by a Patton Boggs paralegal last June is still haunting newly-formed Squire Patton Boggs, which must convince a judge this week that it shouldn't be disqualified from a multibillion-dollar trademark lawsuit that's already earned the firm more than $12 million in fees.

In a cartoon posted to Just Mayo's Facebook page, a jar of the vegan spread stands victorious over a jar of Best Foods, manufactured by Unilever.

Boies Schiller, Debevoise Square Off in Mayo False Ad Fight

By David Bario |

Boies Schiller's Josh Schiller says Unilever's false advertising suit against the maker of Just Mayo is nothing more than "a transparent attempt" to drive away competition from best-selling mayonnaise brands Hellmann's and Best Foods.

High Court Rejects Enfamil Baby Formula Brain Damage Case

By Lisa Shuchman |

By refusing to hear the case on Monday, a lawyer for the plaintiff said the U.S. Supreme Court tacitly affirmed the Eighth Circuit's holding that judges weighing Daubert challenges are limited to assessing an expert's credentials and methodology.

Pfizer headquarters in New York City.

Quinn Emanuel Aims for Knockout in Zoloft Birth Defects MDL

By David Bario |

A hearing next week could determine the fate of 600 consolidated cases claiming that Pfizer's blockbuster antidepressant causes birth defects when taken by pregnant women.

As Lawyer Bills Pile Up, SEC Target Sam Wyly Defends Expenses

By Susan Beck |

In the wake of his $200 million loss to the SEC, Samuel Wyly asked a bankruptcy judge to approve a personal spending plan that includes nearly $2 million in legal expenses for November and December.

Vermont Attorney General William Sorrell

Vermont AG Weighs FTC Deal as Fight With 'Troll' Continues

By Lisa Shuchman |

Vermont attorney general Bill Sorrell said he welcomed news that MPHJ Technology Investments has made a deal with the FTC to stop intimidating businesses with allegedly bogus infringement claims. But he said the agency's settlement could have been tougher.

Online Education Company K12 Beats Investor Class Action

By David Bario |

Take a company with a controversial business model, throw in some rosy projections by senior management and top it off with a sudden 40 percent stock drop, and you've got a classic recipe for a securities class action.

Aaron Marcu and Matthew Menchel

Litigators of the Week: Aaron Marcu of Freshfields and Matthew Menchel of Kobre & Kim

By David Bario |

For the defenders of former UBS banker Raoul Weil, a six-year prosecution ended with their client crying tears of joy.

Pershing Square's Bill Ackman.

Latham Vows Extra Rounds in Allergan Takeover Fight

By Susan Beck |

Allergan and its lawyers at Latham & Watkins filed a notice of appeal on Wednesday after a judge largely sided with hostile bidder Valeant Pharmaceuticals and the activist hedge fund Pershing Square.

Edward Reines, Weil Gotshal

Federal Circuit Rebukes Reines over Rader Letter, Says Pair Swapped Gifts

By David Bario |

Few compliments have ever backfired as ferociously as the email that former Federal Circuit Chief Judge Randall Rader sent to Edward Reines, a leading patent litigator at Weil, Gotshal & Manges.

Matt Striker and Harry Smith strike corresponding blows during the WWE RAW Summerslam event at the Acer Arena, Homebush Stadium in Sydney, Australia on August 4, 2006. (Photo by Don Arnold/WireImage)

Fifth Circuit Unleashes WWE on WrestleMania Counterfeiters

By David Bario |

World Wrestling Entertainment suffered a smack-down when a federal judge refused to "deputize" the company to take on bootleggers. WWE's lawyers at K&L Gates persuaded the Fifth Circuit that the judge's squeamishness was mostly misplaced.

The U.S. Court of Appeals for the Second Circuit in Manhattan.

Yukos Unit Defeats Bid to Nix $186M Arbitration Award

By David Bario |

International arbitration pro Matthew Slater of Cleary Gottlieb suffered back-to-back $185 million defeats this week in appeals challenging 2007 arbitration awards against his clients.

A DuPont technician examines Kevlar brand fibers.

No Supreme Court Relief for Kolon in DuPont Secrets Case

By Lisa Shuchman |

The high court declined Monday to consider whether a judge should have recused himself in Kolon Industries' long-running battle with DuPont, leaving Kolon to face DuPont's trade secrets claims with a series of unfavorable lower court rulings intact.

Argentina Strikes Out in Bid to Undo $185M BG Group Award

By David Bario |

Capping a decade-long legal battle with British energy company BG Group plc, the Republic of Argentina ran out of options at the U.S. Supreme Court on Monday in the country's bid to overturn a $185 million arbitration award.

UBS Hits Dead End in $350M Facebook IPO Case

By Susan Beck |

Siding with Nasdaq's lawyers at Ballard Spahr, the Second Circuit rejected the bank's bid to arbitrate claims over $350 in alleged losses stemming from Facebook's troubled initial public offering.

Gao Zhisheng in The American Lawyer, November 2005.

The Global Lawyer: The Rule of Law with Chinese Characteristics

By Michael D. Goldhaber |

In the decade since The American Lawyer first profiled human rights lawyer Gao Zhisheng, the Chinese state set out to break his body and spirit. It only half succeeded.

Sharon Nelles and Bruce Clark

Litigators of the Week: Bruce Clark and Sharon Nelles of Sullivan & Cromwell

By David Bario |

In Motorola v. Standard Chartered, Clark and Nelles scored a huge win not just for their client, but for every big bank that does business in New York.

Whirlpool Beats Moldy Washer Class Action in Bellwether Trial

By Julie Triedman |

After winning class action status and surviving multiple appeals, plaintiffs lawyers hit a dead end in the first trial over claims that Whirlpool sold mold-prone washers to millions of unsuspecting customers.

Judge OKs NY Discovery in Billionaires' Beachfront Brawl

By Susan Beck |

Never underestimate how hard the rich—in this case a hedge fund founder and a clothing magnate—will fight over oceanfront property.

Propofol Woes Continue for UnitedHealth Over Hep C Outbreak

By Julie Triedman |

Can Bartlit Beck fend off another blockbuster verdict over claims that UnitedHealth Group referred patients to a doctor whose clinic spawned a massive outbreak of Hepatitis C?

U.S. Centers for Disease Control and Prevention director Dr. Tom Frieden exits an Ebola treatment unit.

Following Investors, Class Action Firms Get Ebola Fever

By David Bario |

Who better to turn a crisis into an opportunity than investors—and the securities class action plaintiffs bar?

The InterContinental in downtown Miami

Judge Shuts Door on Hotel Price-Fixing Class Action

By David Bario |

Eight months after Hagens Berman got a second chance to press claims that top Internet booking sites and the country's biggest hotel chains conspired to fix room prices, on Tuesday a federal judge in Dallas dismissed the case for good.

Banking Behemoth Blasts Finance Patents at PTO, CAFC

By Lisa Shuchman |

Wall Street may not be as vulnerable to patent lawsuits as Silicon Valley or the pharmaceuticals industry. But the gap is narrowing—and major banks are collaborating in an effort to keep accused patent trolls at bay.

Syrian president Bashar al-Assad in 2010.

U.S. Terror Victims Win Battle Over Syrian State Funds

By Julie Triedman |

After eight years of litigation in Washington, D.C. and Chicago, families of two Americans who were beheaded in 2004 by members of an al-Qaida splinter group are finally on the verge of receiving about $82 million in frozen Syrian bank funds.

McGraw Hill Corporate Spying Case Heads to Second Circuit

By Lisa Shuchman |

Does allegedly peeking at a competitor's wares to help you sell your own products count as corporate espionage or legitimate market research? The answer, as you might expect, is it depends.

NBC Inks $6.4 Million Deal to Stem Intern Uprising

By David Bario |

Everyone's waiting for a federal appeals court to decide if unpaid interns can band together to sue former employers for back wages. But for two contestants in the intern wars, the suspense was apparently too much to bear.

NY High Court Upholds Rule Shielding Foreign Bank Branches

By Julie Triedman |

In a decision with major implications for New York and its resident global financial institutions, the state's highest court ruled Thursday that banks with New York branches needn't turn over customers' overseas assets to claimants attempting to enforce U.S. court judgments.

Excalibur Litigation Funders Take Another Hit

By Julie Triedman |

A London judge ruled that a group of litigation funders must ante up an additional $7.7 million for a failed cased brought by an obscure entity called Excalibur Ventures that was represented by Clifford Chance. That brings their total legal tab to date to $57.7 million.

Nicholas Gravante Jr.

Litigator of the Week: Nicholas Gravante Jr. of Boies, Schiller & Flexner

By David Bario |

On Texas turf, the New York litigator marshaled his resources to score a massive verdict against Trinity Industries that could affect the safety of drivers around the nation, and possibly beyond.

When Lawyers Sue Lawyers, One Standard Should Apply

By Susan Beck |

Corporate law firms and their clients like to talk about tort reform and abuses by the plaintiffs bar. But what happens when the accusations flow the other way?

George Pappas of Covington & Burling.

Covington Fends Off Contraceptive IP Challenge for Actavis

By Julie Triedman |

In a big win for Actavis plc, the Federal Circuit on Wednesday reaffirmed a lower court decision that Actavis' patent for the popular low-estrogen birth control pill Lo Loestrin is valid and enforceable.

U.S. Securities and Exchange Commission building.

Wall Street Targets Urge NY Judges to Hobble the SEC

By David Bario |

A trio of federal judges—and eventually the U.S. Court of Appeals for the Second Circuit—will have to grapple with the SEC's power to target Wall Street defendants on the agency's own turf.

Tech Players Line Up Against ITC Power to Ban Digital Files

By Lisa Shuchman |

Congress gave the U.S. International Trade Commission the power to bar imports of products that infringe U.S. patents or otherwise offer their makers an unfair competitive edge. But should the ITC be able to block the flow of information as well?

Dish, Southwest, Time Warner Targeted in New Patent Blitz

By David Bario |

After a brief hiatus—and some promising developments for patent defendants—the patent plaintiff Phoenix Licensing LLC fired off a new round of infringement lawsuits in East Texas federal court, targeting 15 companies ranging from Charter Communications to Honda to T-Mobile.

Lawyer Escapes Sanctions Over Fosamax Trial 'Tirade'

By Julie Triedman |

Four years after a federal district judge in New York lambasted a product liability lawyer for going overboard in his closing arguments during a bellwether trial against Merck & Co. Inc., an appeals court has vacated sanctions against the attorney.

Boies Schiller Scores $175M Verdict in Guardrail Defects Case

By Julie Triedman |

A federal jury ordered Dallas-based Trinity Industries to pay the government $175 million for withholding critical information about design changes to an approved safety feature.

Mark Zuckerberg

Facebook Sues DLA, Milberg, Former NY AG Over Ceglia Case

By David Bario |

The lawsuit, filed by lawyers at Kellogg Huber, alleges that leading partners at DLA Piper, Milberg and other firms knew or should have known that Paul Ceglia forged the contract at the heart of his highly publicized ownership case against Facebook.

Shanghai, China

Knowles Evens Score in IP Fight With Chinese Rival

By Lisa Shuchman |

Amid claims that its client was unfairly bullied by protectionist Chinese courts, team from Covington won a key victory at the U.S. International Trade Commission in an intercontinental patent feud involving mobile device technology.

Kramer Levin Becomes Target in TransPerfect Partners' Row

By Julie Triedman |

A multijurisdictional slugfest between the cofounders of the world's third-largest translation company is heating up after Sullivan & Cromwell sought sanctions against one of the founders and her lawyers at Kramer Levin Naftalis & Frankel.

Q&A: Brandon Garrett on Corporate Prosecution Agreements

By Susan Beck |

The UVA law professor talked to the Litigation Daily about his new book, the rise in nonprosecution and deferred prosecution agreements, and whether the government takes a "rehabilitative approach" to corporate offenders that it denies to most individual criminal defendants.

Litigators of the Week: Randall Baron of Robbins Geller and Joel Friedlander of Friedlander & Gorris

By David Bario |

Before Friedlander and Baron took control of the Delaware shareholder litigation over Warburg Pincus' acquisition of Rural/Metro Corp., the case was ready to fizzle. Instead, the duo uncovered a web of conflicts and deception that led up to a $75.8 million ruling against Royal Bank of Canada.

Ambac Loses Bid to Revive JPMorgan RMBS Contract Claims

By Julie Triedman |

Siding with defense lawyers at Sullivan & Cromwell, an appeals court in New York affirmed a decision dismissing breach of contract claims by Ambac against EMC Mortgage, a Bear Stearns unit acquired by JPMorgan Chase & Co.

Trinity Battles Guardrail Claims as Texas Trial Nears Close

By Julie Triedman |

Three months after a whistleblower's billion-dollar case against a major Texas manufacturer of highway guardrail systems ended in a mistrial, platoons of lawyers for both sides are gearing up for closing arguments in a retrial now underway in Marshall, Texas.

The World Trade Center on Sept. 17, 2001.

The Global Lawyer: Forget 'Arab Bank.' 'In re 9/11' Is Back.

By Michael D. Goldhaber |

Twelve years after Ron Motley filed a trillion-dollar lawsuit over the terrorist attacks of Sept. 11, it's time to pick on the Saudis.

Wife of Ex-SAC Trader Martoma Asks Court for Lifeline

By David Bario |

Rosemary Martoma was never implicated in her husband Mathew's insider trading scheme, which entailed using confidential drug trial information to help SAC make a windfall $275 million profit. Now her lawyers at Goodwin Procter say she shouldn't have to pay for his crimes.

A Class Cert Win, Another Settlement and DQ Woes for Air Cargo Plaintiffs

By David Bario |

Fresh on the heels of a new settlement, a judge on Wednesday recommended certifying a direct purchaser class in the massive air cargo antitrust MDL. But an attempt to disqualify one of the lead plaintiffs firms threatens to block it from seeing the case through to the end.

Patent Battle Over Teva's Copaxone Heads to High Court

By Lisa Shuchman |

The case could set a precedent requiring the Federal Circuit to defer to district court claim construction rulings, a move that would shift power from the Federal Circuit and could make it more difficult for lawyers to get patent decisions reversed on appeal.