Since the election, the American Civil Liberties Union has raked in $79 million in online contributions. Here's how it plans to use the money.
From the beginning, the Kirkland team’s strategy was to make it impossible for Florida to build its case against Georgia in an epic battle over water rights.
In an interview by phone from a sailboat in the Caribbean, David Boies tells the story of how he whittled down the epic litigation against ex-AIG CEO Hank Greenberg, why the case finally settled after 12 years of fighting and what he thinks of New York AG Eric Schneiderman’s attempt to spin the settlement.
If the president’s lawyer is in the news, that usually means something has gone very wrong. Just over three weeks into his tenure as President Trump’s White House counsel, Donald McGahn is discovering this first-hand.
With only five months before trial, a team of litigators from Covington & Burling parachuted into a trade secrets case against a division of McKesson Corp. with half a billion dollars at stake.
To the Trump administration and its surrogates: consider yourselves warned. You’ll have a fight on your hands if you try to take voting rights away.
Here are two cardinal sins for an attorney: saying something publicly that hurts your client’s case. And bad lawyering. Rudy Giuliani appears to be guilty of both
Nice try. But no. This week, a magistrate judge in San Francisco sided with VW and rejected five applications by plaintiffs in Europe for access to 20 million pages of documents produced by the automaker in the U.S. MDL.
Working in an atmosphere rife with uncertainty, misinformation and often devoid of communication by government officials, these lawyers surrendered sleep, prepared for every contingency and, in some cases, went with their gut to bring their clients safely to the United States.
Working pro bono, Boies Schiller Flexner and Legal Momentum filed suits in Arizona and Florida federal courts against Backpage and its owners for participating in the trafficking of children and young adults for sex. Why they may succeed where others have failed.
This is what can safeguard our democracy. People—as many as possible—recognizing there is no such thing as a “so-called” federal judge. That our courts are legitimate and fair.
Electronics maker Vizio surreptitiously captured second-by-second viewing data of customers who bought 11 million of its internet-connected televisions. But as a Vizio TV owner, the settlement with the Federal Trade Commission and New Jersey AG leaves much to be desired.
Sentences that fit the crime can be great—the polluter who has to pick up litter, the vandal who has to clean graffiti off the wall. But this?
After three days of deliberating, the federal jury in Dallas was back, ready to answer a $6 billion question: Did Facebook Inc. steal virtual reality technology for the Oculus Rift from Skadden's client, videogame maker ZeniMax Media Inc.?
In one of the first cases to go to trial since the Supreme Court lowered the bar for prosecutors in insider trading cases, this team from Goodwin Procter handed the feds a big defeat.
My mom used to tell me, “Two wrongs don’t make a right.” It’s a saying that some Democrats are apparently unfamiliar with. Because the fight over Neil Gorsuch is one that Dems aren't going to win--and Gorsuch is about as good as it's going to get.
Here’s a look at a dozen of the most noteworthy litigator moves in January.
If there’s any silver lining to the first 11 days of the Trump administration, it’s this: lawyers are suddenly beloved—at least by the masses who oppose the president’s policies.
It’s perfect, really. Our television ratings-obsessed, former reality star president is going to announce his Supreme Court pick live during primetime on Tuesday evening. He might look to NBA star LeBron James for pointers on how to announce "The Decision."
It takes a certain finesse for a lawyer to plausibly argue that Facebook—a $350 billion company—got bullied by a videogame maker that almost no one has heard of. Just as it takes a certain audacity for videogame maker ZeniMax’s lawyer to imply Facebook CEO Mark Zuckerberg lied under oath.
Arent Fox partner Russell McRory got a big win when the U.S. Court of Appeals for the Second Circuit reinstated a case he brought against Volkswagen, but a bigger problem was about to wipe out his victory.
Litigators at Simpson Thacher & Bartlett kicked off the year with a trio of wins, confirming the dismissals of a securities class action and a whistleblower complaint and winning a jury verdict in a patent infringement case.
According to a new report, only .3 percent of securities class actions are tried to verdict. These are the firms that have gone the distance.
At first glance, it looks like an embarrassing screw-up. Two Dentons lawyers on Jan. 17 sent a letter to CNN on behalf of Rep. Tom Price—President Donald Trump’s nominee to be secretary of Health and Human Services—demanding that the cable news network retract an unflattering story. Except CNN is also a firm client.
Standing. It wrecks all the fun lawsuits--including, perhaps, one by Citizens for Responsibility and Ethics in Washington claiming that President Donald Trump is violating the Foreign Emoluments Clause.
Ex-prosecutors can be scary, but there’s no one like a former law professor to hold someone’s feet to the fire. Just ask Betsy DeVos.
A pro bono team from Hogan Lovells working with lawyers from Relman, Dane & Colfa won a $24 million settlement in a long-running racial discrimination class action on behalf of more than 100 current and former African-American Secret Service agents.
When a man from the Office of the White House Counsel called Nancy Hollander to tell her President Barack Obama had decided to commute her client Chelsea Manning’s 35-year prison sentence, Hollander, a 38-year veteran criminal defense lawyer failed in one respect.
It’s January. That means it’s time for the first round of litigation trend forecasts from law firms and other industry players. What kinds of litigation do experts think will be hot?
The best litigators tell stories. Two masters are at work this week spinning opposite tales in a Dallas federal courthouse in a huge intellectual property fight over virtual reality technology that could revolutionize the $90 billion video game industry.
Dallas federal judge Ed Kinkeade is not what you’d call a big computer guy. Some of his exchanges with the attorneys in the Oculus trial are are laugh-out-loud funny, as he wrestles to understand the technology and keep the lawyers in line.
Litigators from Skadden, Arps, Slate, Meagher & Flom scored two separate wins for two Asia-based issuers in two days, knocking out securities class actions in the Central District of California and the Southern District of New York.
In a case with billions of dollars at stake, McDermott Will & Emery partners William G. Gaede III and Sarah C. Columbia won a rare post-trial ruling for Amgen Inc. that booted a rival’s drug from the market.
You can judge a man by the quality of his friends, the old saying goes. But what about the quality of his enemies? Day Two of Senator Jeff Sessions’ confirmation hearing gave us the chance to do both.
There are apex depositions--and then there’s the president-elect of the United States. Steptoe & Johnson LLP partner Brigida Benitez deposed Donald Trump last week in connection with his lawsuit against chef José Andrés. In a way, it was perfect that the lawyer holding Trump’s feet to the fire is a Latina woman--the daughter of immigrants and the first member of her family to go to college.
Post-truth. It’s not just for politics anymore. Consider how Quincy Bioscience countered a suit filed against it on Monday by the Federal Trade Commission and New York Attorney General Eric Schneiderman.
After 14 years and two trips to the U.S. Supreme Court, Boies, Schiler & Flexner partners David Boies and Carl Goldfarb secured a $100 million settlement from Halliburton.
Sorry Charlie. A San Diego federal judge allowed a massive MDL alleging that StarKist, Bumble Bee and Chicken of the Sea conspired to fix the price of canned tuna to move forward.
You’re swamped with deadlines, you’re constantly traveling, you’re dealing with obnoxious opposing counsel or a cranky judge. Wouldn’t it be great to be a law professor instead, pondering the majesty of the law and enlightening eager students? Here’s the story of one big-time litigator who made the move--and then came back.
It’s easy to forget how intensely personal and stressful litigation can be--until the consequences of a loss become overwhelming. Now, a San Diego lawyer is grappling with the suicide of his client after losing a high-profile gay civil rights case in December.
A look back at the Litigator of the Week winners in 2016, including the firms and lawyers that racked up the most honors.
Consumer protection lawsuits, while sometimes heroic, can also be uniquely dumb. Which is why suits targeting Starbucks, Krispy Kreme and Advil top my list of the year’s most ridiculous lawsuits. A close second: negligence suits where people try to blame anyone but themselves for terrible events.
Not all lateral moves are created equal. A select few reshape the competitive landscape, changing who clients hire and why. Here’s a look back at some of them in 2016.
In the end, it was the case that wasn’t. Jane Doe/ “Katie Johnson” accused Donald Trump of raping her when she was 13. The allegations were brutal, explosive--and unsubstantiated.
Litigator of the Week: The Biggest Patent Verdict in U.S. History--By a Lawyer Who Never Tried an IP Case BeforeBy Gina Passarella |
Don't hate her -- but Jones Day partner Stephanie Parker had never tried an IP case before she convinced a jury to award her client, a Merck subsidiary, $2.54 billion in a patent infringement suit against Gilead Sciences.
Serena Nunn went from federal prison inmate to the University of Michigan Law School to Georgia public defender. The final chapter in her extraordinary journey: a pardon from President Obama--with help from Quinn Emanuel partner Sam Sheldon.
Top plaintiffs lawyers share how they see themselves, how their work has changed and their biggest concerns for the future.
Facing a $335 million damages demand from networking giant Cisco Systems Inc., Robert Van Nest and his team at Keker & Van Nest mounted a multi-pronged defense for Arista Networks Inc.
You don’t have to be an ethics expert to see that the Trump International Hotel’s lease with the federal government presents a conflict of interest for the president-elect. The question is, what is the General Services Administration going to do about it?
A pair of top litigators from Kirkland & Ellis struck back on behalf of the ex-girlfriend of media mogul Sumner Redstone in a court filing that veers from romantic to lewd to vaguely threatening. It’s a quite a read--and a reminder that while corporate litigation can be fierce, it’s nothing compared to the blood sport that is family law.
Two companies. Two outbreaks of salmonella-tainted peanut butter. And two very different outcomes.
Hold on. You can’t even get a smartphone without a credit check. How did two of the biggest, most sophisticated law firms in the nation do $800,000 worth of work without ensuring that they were actually going to get paid? Blame “a very convincing fraudster,” said Thomas Buchanan, the managing partner and head of litigation for Winston & Strawn’s D.C. office.
For almost 10 years, Paul, Weiss, Rifkind, Wharton & Garrison partner Bob Atkins has represented medical supply company BD in an antitrust suit over syringes. The case blew up in 2013 into a $340 million jury verdict. But Atkins' strategy from day one was to build a record for the U.S. Court of Appeals for the Fifth Circuit. It paid off.
Time for a favorite post-election parlor game: What might we expect from the Trump administration’s Justice Department? In recent off-the-record conversations, former DOJ lawyers shared some insights. Their takeaway: the changes may not be so drastic after all
In a year where emails and mishandling of classified information have loomed so large, this case stands as an example of misapplied justice.
When 23 of the top litigators in the country offer advice on how to succeed in court, it’s worth listening.
Forgery. Perjury. Willful destruction of evidence. Litigators might sometimes suspect the other side of such shenanigans, but rarely do you get an unequivocal win as a result. On Friday, a team from Gibson, Dunn & Crutcher pulled it off, arguing successfully that a key plaintiffs’ document in a $12 billion fight was fake.
November is a great month for eating turkey and hunkering down until the end of the year. Still, there were a handful big lateral litigator moves. Here are some of the most notable, at firms including Perkins Coie, WilmerHale and Sheppard Mullin.
Geoffrey Potter and his team in the anti-counterfeiting practice at Patterson Belknap Webb & Tyler helped Living Essentials go after a criminal ring producing fake bottles of the popular 5-Hour Energy drink.
The recounts in Wisconsin, Pennsylvania and Michigan won’t change the election results--we all know that, right? But they need to happen anyway.
Daniel Petrocelli convinced President-elect Donald Trump to settle the Trump University litigation despite his client’s insistence on going to trial on Nov. 28. And he did it while settling another high profile case that same week on behalf of Sirius XM Radio Inc.
I’d like to think that the food that I buy for my two dogs won’t actually kill them. A decision by a San Francisco federal judge to toss a would-be class action against Purina is reassuring--but leaves some questions unanswered.
When the U.S. International Trade Commission waded into a legal issue it hadn’t touched in almost 40 years--how to handle allegations of price-fixing--a Covington & Burling team rose to the challenge.
Hausfeld on Wednesday launched what is likely to be a massive fight, suing nine companies including energy giant Exelon Corp. over radioactive contamination stemming from the Manhattan Project.
News flash: doughnuts are not a health food. Which is why it’s hard to sympathize with Jason Saidian, who filed a $5 million class action lawsuit against Krispy Kreme Doughnuts in Los Angeles federal court last week.
Might Stephen Bannon be a moderating influence on the president-elect in favor of First Amendment protection? After all, Breitbart has talked the talk when sued for libel. But the publication's threat on Tuesday to sue a major media company for labeling it “white nationalist” is not an encouraging sign.
Sorry Mike Pence--turnabout is fair play. You can’t spend weeks demanding that Hillary Clinton bare all of her emails and then think it’s A-OK to claim your communications as governor of Indiana should be shielded from disclosure.
The Trump University fraud case is headed to trial on Nov. 28 --but how to pick a jury? We've got some ideas for what to ask prospective jurors.
Duane Morris attorney Matthew A. Taylor doesn’t believe that lawyers win cases. For him, it all comes down to the experts. That’s why, when faced with defending a medical device maker in a notoriously plaintiff-friendly venue, he wasn't worried.
With Republicans in control of the White House and Congress and poised to pick the tie-breaking ninth Supreme Court justice, the plaintiffs bar is now one of the few checks on government power. Scary, I know.
Now that the election is over, President Obama should do us all a favor and fire FBI Director James Comey. Not just because Comey recklessly disclosed the renewed investigation into Hillary Clinton’s emails. He has to go because he can no longer effectively lead the bureau and law enforcement community.
If post-election litigation erupts, both sides have lawyers at the ready in key battleground states.
Litigator of the Week: An Unexpected Win for Peter Thiel’s Palantir Could Change How the Feds Do BusinessBy Ben Hancock |
Boies, Schiller & Flexner partner Hamish Hume built a case around an untested 1994 law requiring government agencies to consider commercial products first to bring home a win for Palantir.
For a second there, it seemed liked the Trump child rape suit was going to get real. Nationally known plaintiffs attorney Lisa Bloom sent out a press release Wednesday morning announcing that the anonymous woman who accused Donald Trump of raping her when she was 13 was going to go public. It didn't happen.
Here are The Lit Daily's top picks for the biggest lateral litigator moves this month.
If James Comey just handed Donald Trump the presidency over what turns out to be a bunch of ads from Pottery Barn and Linked In requests, I’m going to take to the bathtub with a bottle of gin for the next four years.
Simpson Thacher & Bartlett is a guest star in the trove of Wikileaks emails involving the Clinton Foundation--a rare, unfiltered look at attorney-client correspondence that includes billing details, nitpicky rewrites and attempts to manage perception. But the biggest takeaway is that the firm identified potential pay-to-play conflict of interest issues--real or perceived--that have become a significant campaign liability for Hillary Clinton.
It’s a truism that litigation is a zero sum game--there’s a winner and a loser. But not this week. For the first time that we can remember, the Litigation Daily is naming opposing counsel as our co-litigators of the week, a historic honor that goes to Robert Giuffra Jr. of Sullivan & Cromwell and Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein.
A team from Jenner & Block delivered an appellate win worth millions to its record label clients in a long-running copyright infringement suit against a pair of online music websites.
Seven years ago today, Michael Weston died in a helicopter crash in Afghanistan. A 37-year-old Harvard Law graduate, he had joined the Drug Enforcement Administration as a special agent. Five months before, he’d married a fellow member of the Harvard Law class of 1997, Cynthia Tidler. Whose first husband, Weston's best friend, was also from the class of '97 - and who also died in Afghanistan.
Here’s a rule of thumb: if you’re going to marry someone, do your own due diligence about his or her sexual preferences. Don’t expect a heads-up from their employer.
If Donald Trump follows through with his threat on Saturday to sue all 11 women who have accused him of groping, he’ll find opposing counsel spoiling for a fight. All I can say is, pass the popcorn.
It’s hard to defend any judge who thinks 60 days in jail is an appropriate punishment for a father who raped his 12-year-old daughter. Still, there’s something ominous about what seems to be a new pattern: a judge issues a lenient but legal sentence, and the mob descends.
Albert Deaver earned his J.D. from South Texas College of Law in Houston--but that hasn’t stopped him from leading the charge in a trademark suit against his alma mater when it sought to rebrand itself the Houston College of Law.
Latham & Watkins on Tuesday dodged a motion to disqualify in a nasty spat in the Eastern District of Missouri. Although Senior U.S. District Judge E. Richard Webber squarely sided with Latham, he admonished both sides to behave themselves.
They say there are no stupid questions. But that’s definitely not true when it comes to lawsuits. On Tuesday, a federal judge in New York dismissed one of the dumber ones of late, booting a would-be class action against Advil maker Pfizer Inc.
It's hard to imagine a federal agency that would be less in sync with the priorities of a Trump administration than the U.S. Equal Employment Opportunity Commission.
Sullivan & Cromwell’s Sharon Nelles on VW, Opposing Counsel and Taking Work-Life Balance ‘One Day at a Time'By Jenna Greene |
Sullivan & Cromwell star litigator Sharon Nelles spoke with the Lit Daily about her work on the $14.7 billion VW settlement, the key to effective negotiation and how she’s managed her work/ life balance at Sullivan & Cromwell, where she's a member of the executive committee.
The latest Apple v. Samsung appeal reminds William Lee of a Disneyland adventure. "This had more twists and turns than Mr. Toad's Wild Ride,” the Wilmer Cutler Pickering Hale and Dorr partner says.
In some ways, the U.S. Court of Appeals for the D.C. Circuit handed the Consumer Financial Protection Bureau a win on Tuesday when it found the agency’s structure was unconstitutional. Look past the red meat rhetoric about 'massive unchecked power' and focus on the remedy.
“I view myself as a lawyer who happens to be a woman,” said Angela Agrusa, the head of litigation at Liner LLP in Los Angeles, who recently stepped in as lead counsel for Bill Cosby in both his civil and criminal cases. “What I really believe in is our justice system.”
Three must be the right number for Caldwell, Cassady and Curry. The trio just won a third time for VirnetX against Apple, securing a $302 million jury verdict in the Eastern District of Texas.
Harris Faulkner is a perfectly fine name for a Fox News anchor--but it's a terrible choice for a hamster toy. Hasbro Inc. found out the hard way.
September saw more than its share of big-time lateral moves. Here are the top 10.
Cravath, Swaine & Moore Chairman Evan Chesler won vindication for American Express before the U.S. Court of Appeals for the Second Circuit--and handed the U.S. Department of Justice a major loss.
You’ve got to wonder how many members of Congress who voted on Wednesday to override President Obama’s veto of a bill allowing the families of 9/11 victims to sue Saudi Arabia actually think it’s a good idea. Because it's not.
The new Supreme Court term is just around the corner, kicking off on October 4. In anticipation, four experts on Tuesday offered insights on cases to watch as well as the court’s composition and future.
On behalf of the secretaries and administrative assistants and file clerks of the world: discovery sucks. Which is why when foreign plaintiffs requested copies of all the documents--20 million pages--that Volkswagen has produced as part of multi-district litigation in San Francisco federal court, my initial reaction was 'Sure, hand ‘em over.' Except it's not that simple
For three years in a row, the same quartet of firms topped BTI Consulting Group’s 'Fearsome Foursome' list of most-feared opponents in court. Until now, when Dentons displaced Quinn Emanuel at the top. Except....why?
Two lawyers from Milbank, Tweed, Hadley & McCloy won a ruling striking down a Department of Justice directive on music licensing that could have thrown the recording industry in turmoil.