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Richard Cordray.

The CFPB May Be Unpopular, But Is It Unconstitutional?

By Jenna Greene |

It’s hard to see Consumer Financial Protection Bureau head Richard Cordray, who comes across about as menacing as Opie Taylor on the Andy Griffith Show, as “the very definition of tyranny.” But that’s what lawyers at Gibson, Dunn & Crutcher would have you believe in their constitutional challenge to the 4-year-old agency.

Five Things Law Firm Publicists Do Wrong--And What Lawyers Can Do Right

By Jenna Greene |

From fake "exclusives" to tardy announcements, law firm publicists can drive reporters crazy. Here's how lawyers can make the process better.

Michael Hausfeld.

Plaintiffs Bar Giant Michael Hausfeld on Winning, Losing and Playboy Magazine

By Jenna Greene |

Michael Hausfeld is one of the best-known and most-feared plaintiffs lawyers in America, racking up billions in settlements for cases involving antitrust and human rights violations. He spoke recently with the Litigation Daily, and shared his thoughts on topics including settlement negotiations, legal writing and obnoxious behavior by opposing counsel—and how he scored a profile in Playboy magazine.

WASHINGTON, DC - JULY 28: Anti-abortion activists hold a rally opposing federal funding for Planned Parenthood in front of the U.S. Capitol on July 28, 2015 in Washington, DC. Sen. Rand Paul (R-KY)  announced a Senate deal to vote on legislation to defund Planned Parenthood before the Senate goes into recess in August.

MoFo, Cleary, Gibson Dunn and Latham Have a Good Week

By Jenna Greene |

MoFo, working pro bono, secured a temporary restraining order against the release of more anti-abortion videos in the Planned Parenthood controversy. In other news, Cleary Gottlieb, Gibson Dunn and Latham had victories of their own.

A Judge Passionately Defends Trial By Jury

By Jenna Greene |

“I did not try this case very well,” wrote Massachusetts federal Judge William Young, the first sentence of an extraordinary opinion in a $60 billion reverse payment antitrust suit. Over 104 pages, Young muses on the art of judging and passionately defends the importance of trial by jury.

O'Melveny, Cravath Lawyers Are Litigators of the Week

By Scott Flaherty |

Jonathan Hacker of O’Melveny & Myers (pictured at left) and Keith Hummel of Cravath, Swaine & Moore convinced a federal appeals court that Ford Motor Co. and IBM couldn't be tied to human rights abuses in apartheid South Africa under the U.S. Alien Tort Statute.

SEC Plays Gotcha in Case Against Baby Formula Maker

By Jenna Greene |

Enforcement of the Foreign Corrupt Practices Act by the U.S. Securities and Exchange Commission sometimes feels like small-time, gotcha-style litigation. Case in point: the $12 million settlement with Mead Johnson Nutrition Co. over marketing baby formula to health care professionals in China.

To Nail Your Closing Argument, Follow This Kirkland Partner's Guide

By Jenna Greene |

It’s hard enough to make a riveting closing argument in, say, a murder trial, but to do it in a patent case takes a special kind of finesse. In a recent win before a Chicago federal jury on Samsung Electronics Co.’s behalf, Kirkland & Ellis partner Luke Dauchot managed to make patent infringement (dare we say it?) interesting.

Donald Trump.

The Donald v. The World

By Jenna Greene |

Republican presidential front-runner Donald Trump has a long track record as a litigant. A look at his forays in court shows a fondness for lawsuits at odds with GOP calls for tort reform.

How Not to Hire Teenage Girls

By Jenna Greene |

A Subway manager who sent job applicants texts like "Bang my brains out the job is yours" doesn't leave lawyers for the franchise owner much room to mount a defense. And the U.S. Equal Employment Opportunity Commission knows it.

In Peanut Food Poisoning Case, Punishment Doesn't Fit the Crime

By Jenna Greene |

The feds want life in prison for the ex-CEO of Peanut Corporation of America for producing products tainted with salmonella. But the unprecedented sentence may actually undermine food safety.

Litigator of the Week: D. Maimon Kirschenbaum of Joseph & Kirschenbaum

By Scott Flaherty |

Raising novel questions about what it means to practice law, Kirschenbaum is taking on top law firms over their failure to pay overtime for the drudgery of contract lawyer document review.

Meet Monique Pressley, Bill Cosby’s Lawyer

By Jenna Greene |

Defending a once-beloved superstar in the court of public opinion has meant sometimes evading questions. Plus, AT&T's outside counsel at Crowell & Moring, Arnold & Porter and Sidley Austin get a second chance.

Who's Winning Pay-for-Delay Suits Against Drugmakers?

By Jenna Greene |

Huge potential damages make these suits a tempting new target for plaintiffs lawyers. But they shouldn't expect easy victories.

After Failing to Boot Plaintiffs Firm, JPMorgan Inks $388M MBS Settlement

By Scott Flaherty |

For the Robbins Geller lawyers, who could earn close to $100 million in fees for their work, a $388 million settlement with JPMorgan must be all the sweeter since they first had to defeat efforts to disqualify them from spearheading the case.

Plaintiffs Reload in Fraud Case Against Cahill, BASF

By Scott Flaherty |

After getting their case back on track at the Third Circuit last year, a group of asbestos plaintiffs has filed a beefed-up complaint accusing Cahill Gordon and BASF Catalysts of deceiving the courts in long-running asbestos litigation.

Jenna Greene, Litigation Daily

A Note to Litigation Daily Readers

Some exciting changes are coming to the Litigation Daily this week.

TV Streamer FilmOn Wins Round Against Broadcasters

By Scott Flaherty |

Aereo and FilmOn relied on similar technology to stream TV shows without getting licenses from the major networks. After Aereo lost at the Supreme Court and went bankrupt, FilmOn tweaked its litigation strategy.

Chiquita Fails to Block SEC Release of Colombian Documents

By Susan Beck |

In response to a FOIA request by the National Security Archive, the SEC plans to release sensitive documents about a Chiquita subsidiary's payments to Colombian paramilitary groups.

Benedict Morelli of Morelli Alters Ratner.

Personal Injury Firm Joins Swedish Model, Ex-Cravath Lawyer in Libel Fray

By Scott Flaherty |

The defamation suits keep piling up against Benjamin Wey, the New York-based financier and stock promoter who bills himself as an "investigative journalist" on his online magazine The Blot.

Litigator of the Week: William Dawson of Gibson Dunn

By Scott Flaherty |

Dawson successfully defended drugmaker Sanofi-Aventis against a novel False Claims Act case alleging that his client defrauded the government by improperly getting a drug patent on a blood thinner.

U.S. Securities and Exchange Commission building.

Kilpatrick Lodges New Challenge to In-House SEC Proceedings

By Scott Flaherty |

The firm hopes to reprise a rare success in a growing trickle of cases challenging the constitutionality of the SEC's administrative enforcement regime.

Adam Levitt of Grant & Eisenhofer.

Judge Certifies Class of Plaintiffs Lawyers to Sue Plaintiffs Lawyers

By Scott Flaherty |

In a dispute arising from Bayer CropScience's $750 million settlement of litigation over rice crop contamination, a judge has certified a class of plaintiffs firms to pursue unjust enrichment claims against another set of plaintiffs firms.

Joan Lukey of Choate Hall & Stewart.

Stuck Facing Sidley, Patricia Cornwell Skips Retrial in $51M Fight With Anchin

By Scott Flaherty |

After saying goodbye to a $51 million jury verdict and losing a bid to disqualify opposing counsel at Sidley Austin, crime novelist Patricia Cornwell has decided to take her fight against her former financial advisers to a federal appeals court.

Signal Bankruptcy Plan Reserves $20M for Guest Workers

By Scott Flaherty |

The plan would set aside money for more than 200 Indian workers who claimed that Signal deceived and mistreated them when they were lured to this country to help in post-Katrina cleanup efforts.

Bancroft's Paul Clement

Beanie Babies Billionaire Beats Appeal Over Tax Dodge Penalty

By Scott Flaherty |

Here’s some advice if you’re a billionaire who wants to hide millions of dollars from the U.S. government: Make sure you have plenty of supporters who will testify about your charitable side if you eventually get caught. And if you need an appellate lawyer, hire the best.

Ethan Wohl of Wohl & Fruchter. SAC Capital wants the firm to cough up details of its arrangements with outside litigation funders.

SAC Capital Pursues Discovery Over Lawsuit Funding

By Scott Flaherty |

SAC Capital wants to know who's financing a case brought by shareholders of Elan Corp. against the hedge fund.

The former headquarters of Lehman Brothers in Manhattan.

Plaintiffs Strike Out in Lehman Employee Stock Plan Case

By Scott Flaherty |

The U.S. Supreme Court's 2014 ruling in Fifth Third v. Dudenhoeffer may have transformed the pleading requirements for ERISA plaintiffs, but it couldn't save claims against the administrators for Lehman Brothers Holding Inc.'s employee stock ownership plan.

Kasowitz Firm Wins Trial Over Stent Patent

By Scott Flaherty |

After 10 years of litigation, a federal jury found that Boston Scientific's Express stent infringed a patent held by Dr. G. David Jang, and that the company breached a 2002 agreement with Jang. The doctor is seeking more than $100 million.

Sirius XM Accused of Stiffing Class in $210M Copyright Deal

By Lisa Shuchman |

Sirius XM's settlement with major record labels improperly sidelined copyright claims by the rock band the Turtles, ignored the class that the band's founders represent and neglected to include attorney fees for class counsel, the band's attorneys argued on Wednesday.

Litigators of the Week: Matthew McGill of Gibson Dunn and Thomas Mayer of Kramer Levin

By Scott Flaherty |

When bondholders challenged a Puerto Rico debt restructuring law, their lawyers set off on a difficult quest to convince a federal judge in San Juan to invalidate the law aimed at helping the commonwealth grapple with crippling municipal debt.

Plaintiffs Ordered to 'Start Over' On Eve of Securities Class Action Trial

By David Bario |

U.S. District Judge Sam Sparks in Austin let a group of lawyers have it this week after he was forced to scuttle a long-planned securities class action trial against drugmaker Pain Therapeutics Inc.

Apple Knocks Out $533 Million Smartflash Damages Verdict

By Scott Flaherty |

The company's lawyers at Ropes & Grey and Gibson Dunn won a damages retrial in an East Texas showdown with patent holder Smartflash LLC.

After Third Circuit Win, Wal-Mart Stumbles in the Sixth

By Scott Flaherty |

It's been a big week for Wal-Mart Stores Inc. and its go-to appellate lawyer, Theodore Boutrous Jr. of Gibson, Dunn & Crutcher, who got to revel in one long-awaited ruling but suffered a setback in another.

Gibson Dunn's Matthew McGill argued for Puerto Rico bondholders at the First Circuit along with Thomas Moers Mayer of Kramer Levin.

Kramer Levin, Gibson Dunn Prevail in Puerto Rico Bond Battle

By Julie Triedman |

In what is likely the leading edge of a rash of multibillion-dollar disputes involving the Commonwealth of Puerto Rico, the first round has gone to a group of bondholders.

Marc Kasowitz is representing Macquarie Capital in its malpractice case against Morrison & Foerster.

MoFo, Macquarie Square Off in Puda Coal Malpractice Case

By Scott Flaherty |

Macquarie Capital appears to have made peace with U.S. regulators over the messy demise of China's Puda Coal. But Macquarie's fight with its former lawyers at Morrison & Foerster is just heating up.

Apple Keeps Lid on $533 Million Smartflash Patent Verdict

By Scott Flaherty |

The technology giant hasn't escaped the massive infringement verdict, but defense lawyers at Ropes & Grey headed off a potential $1.6 billion trebled damages award.

Former Goldman Sachs computer programmer Sergey Aleynikov (left) exits Manhattan Criminal Court with his lawyer, Kevin Marino, in New York, August 9, 2012.

Goldman Pulled Strings in Failed Aleynikov Case, Lawyer Says

By Scott Flaherty |

Defense lawyers usually react with jubilation when a judge throws out a client's conviction. Kevin Marino of Marino, Tortorella & Boyle used the occasion to lash out at Cyrus Vance and Goldman Sachs.

Neal Katyal

Litigator of the Week: Neal Katyal of Hogan Lovells

By Scott Flaherty |

Katyal won an important victory for employers when the Second Circuit adopted a more employer-friendly test to determine when interns need to be paid.

United Can Be Sued by Employee Who Got Death Threats

By Susan Beck |

An African-American flight attendant for United Air Lines who received anonymous death threats on the job can proceed with her hostile work environment against the airlines, now that the Fourth Circuit has vacated a lower court ruling.

Cablevision Wins Delaware Ruling on Executive Pay

By Scott Flaherty |

Vice Chancellor John Noble implied he was troubled by some pay decisions at Cablevision, but deferred to the company's compensation committee.

Citibank Can't Dodge Long-Running Forex Fraud Suit

By Scott Flaherty |

More than a dozen years after Allfirst Bank discovered $691 million fraud by foreign exchange trader John Rusnak, Citibank NA faces a potential trial in Manhattan on claims that it aided Rusnak's scheme.

Foley Fends Off Patent Claims by Kickstarter Rival

By Scott Flaherty |

Lawyers at Foley & Lardner convinced a Manhattan federal judge that ArtistShare's crowd-funding patent covered an abstract idea, making it ineligible for protection under Section 101 of the Patent Act.

Risky Bet Pays Off for Plaintiffs in Apple e-Book Case

By Scott Flaherty |

An unusual settlement between Apple and private plaintiffs who challenged e-book prices looks like quite a good deal for the plaintiffs and their lawyers, now that the Second Circuit has upheld the DOJ's antitrust win against Apple.

Benjamin Wey

Ex-Intern Wins $18M Verdict Against Financier Wey

By Scott Flaherty |

A Manhattan federal jury awarded Hanna Bouveng $18 million, including $16 million in punitive damages, in her sexual harassment and defamation lawsuit against Benjamin Wey.

JPMorgan Loses Round in Arbitration Dispute

By Scott Flaherty |

The U.S. Court of Appeals for the Second Circuit rejected JPMorgan's attempts to force a group of financial advisers into individual arbitration.

KKR Taps Ex-SEC Lawyer at Debevoise for SEC Fees Case

By Susan Beck |

When KKR faced a groundbreaking investigation by the SEC into its allocation of expenses, it turned to someone who is familiar with the agency’s views on that topic. It hired Debevoise partner Robert Kaplan, the former co-chief of the SEC's asset management unit.

Sirius Settles With Record Companies for $210 Million

By Susan Beck |

The company will pay $210 million to settle claims by five recording companies, including Capitol Records and Sony Music. Sirius still appears to be fighting two other lawsuits filed by '60s rock group The Turtles.

Benjamin Wey

Sexual Harassment Trial Closes Against Wall Street Trader

By Zoe Ferguson |

Swedish national Hanna Bouveng sued Benjamin Wey and his company, New York Global Group, for sexual harassment. Wey made a name in the business world by connecting Chinese companies with advisers and investors in the U.S.

Merrill Davidoff of Berger & Montague. HANDOUT.

Litigator of the Week: Merrill Davidoff of Berger & Montague

By Scott Flaherty |

Over 25 years of litigation ups and downs, Davidoff has represented property owners near the Rocky Flats nuclear weapons plant in Colorado who sued Dow and Rockwell. With a dramatic win from the Tenth Circuit, Davidoff and his clients may finally get some relief.

Tenth Circuit Berates Cox Legal Team's Tactics

By Susan Beck |

The court made it clear that it didn't appreciate the legal strategy of cable TV giant Cox in an antitrust class action, stating that it had engaged in a willful attempt to play "hide the ball."

Stanford Ponzi Suit Continues for Chadbourne and Proskauer

By Anita Abedian |

A Texas federal judge has allowed lawsuits to continue against Proskauer, Chadbourne and a former lawyer at the two firms over the roles they played representing convicted Ponzi scheme promoter R. Allen Stanford.

Surprising Reversal in Rocky Flats Case

By Scott Flaherty |

The Tenth Circuit rules for Colorado property owners in the quarter-century-old Rocky Flats litigation, dealing a blow to Dow and Rockwell and their lawyers at Kirkland & Ellis.

Walter Forbes, former chairman of Cendant Corp.

Second Circuit Rejects Forbes' Bid for New Trial

By Madeline Farber |

Walter Forbes, the former chairman of Cendant Corp. who was given a 12 1/2-year sentence for fraud, argued that he had newly discovered evidence in the form of testimony of a former CFO.

Kazakhstan Wins Access to Documents of Law Firm Clyde & Co

By Scott Flaherty |

In a battle over foreign oil and gas assets, the Republic of Kazakhstan has won a ruling that the New York office of U.K.-based law firm Clyde & Co must turn over information about the value of an oil and gas plant seized by the republic.

O'Melveny Gets Win in Florida for Sirius XM

By Zoe Ferguson |

In a turn of events, Sirius XM Radio and its lawyers at O’Melveny & Myers convinced a Florida judge that the founders of the 60s rock group the Turtles can't stop the radio company from playing their music.

Judge Scolds Intellectual Ventures, But Claims Survive

By Susan Beck |

Intellectual Ventures can pursue a patent infringement case against JPMorgan, but a judge warned it that "further gamesmanship will not be tolerated."

Dow Gets $6M in Attorneys Fees in Bayer Patent Dispute

By Anita Abedian |

Bayer raised multiple objections to the fees of Dow's lawyers at Orrick, including overstaffing claims, but the judge noted that Bayer had the same number of attorneys working for it.

Deutsche Bank Headquarters in Germany

Deutsche Bank Gets Another Statute of Limitations Win

By Susan Beck |

For the second time in a week, a Deutsche Bank affiliate has won a federal appeals court ruling on statute of limitations that has been a boon to banks.

Litigator of the Week: David Woll of Simpson Thacher & Bartlett

By David Bario |

Banks that sold or sponsored mortgage-backed securities in the run-up to the financial crisis breathed a sigh of relief last week, when Woll persuaded New York's highest court that the deadline for most investors to sue has long since passed.

Microsoft Gets Hearing to Explore Quinn Emanuel's Role for IRS

By Zoe Ferguson |

With billions of dollars possibly at stake, a federal judge granted the company’s request for a hearing to explore the IRS' use of Quinn Emanuel for a tax audit of the technology giant.

Entrepreneur Slapped by SEC Apologizes, Explains in Video

By Susan Beck |

On the same day that the SEC announced that it had reached a $20,000 settlement with Sand Hill Exchange for illegally running a fantasy stock trading operation, one of the company's young founders posted a self-made video apologizing.

Steak and Wine Cement Insider Trading Conviction

By Scott Flaherty |

Boston federal prosecutors won a conviction of golfer Eric McPhail, despite defense arguments that the Second Circuit's ruling last year in Newman barred cases like this.

Second Circuit Sinks London Whale Derivative Suit

By Scott Flaherty |

While lamenting how much deference it had to give a lower court judge, the court cleared away a derivative shareholder lawsuit against JPMorgan CEO Jamie Dimon and others over massive trading losses.

Judge Cuts Sheppard Mullin's Fees in Beastie Boys Case

By Scott Flaherty |

The judge declined to award the $2.4 million in legal fees that the Beastie Boys had requested after a copyright victory over the maker of Monster energy drink, granting instead less than $668,000.

How Davis Polk Emails Hurt Government in AIG Case

By Scott Flaherty |

The government and Davis Polk inadvertently opened up to discovery all of the law firm's communications with the government when two Davis Polk partners testified during the trial.

Hogan Lovells Wins Anthem Class Action Trial

By Scott Flaherty |

After 13 years of litigation, Hogan Lovells has won a defense verdict for Anthem Inc., beating a class action brought by thousands of Connecticut state employees seeking nearly $100 million.

FCC Building.

Broadcasters Lose Challenge to TV Airwaves Change

By Scott Flaherty |

The U.S. Court of Appeals for the D.C. Circuit upheld a FCC plan to repackage television airwaves for use by mobile Internet providers.

Capital One Gets Favorable Ruling in Security Patent Dispute

By Scott Flaherty |

A special patent master urged a federal judge to grant summary judgment in Capital One's favor on two data security patents that Intellectual Ventures accuses the bank of infringing.

Court of Appeals Building

Simpson Thacher Wins Key RMBS Ruling

By Scott Flaherty |

New York's highest court imposed strict time limits for investors to bring so-called put-back lawsuits against banks that packaged and sold mortgage-backed securities.

Litigators of the Week: Michael Magner of Jones Walker; Brian Heberlig and Reid Weingarten of Steptoe & Johnson

By Scott Flaherty |

This defense team convinced a New Orleans jury to acquit former BP executive David Rainey of charges he lied to federal investigators about the Deepwater Horizon oil spill.

Medtronic world headquarters in Minneapolis, MN.

Mayer Brown Notches Another Win for Medtronic

By Scott Flaherty |

This week's decision by the Second Circuit marks the latest in a string of mostly favorable rulings the firm has secured for Medtronic in litigation over its Infuse spinal fusion device.

Akos Stiller/Getty Images

Kirkland Loses Round in Mylan Conflict Fight

By Scott Flaherty |

As Kirkland & Ellis continues to fight claims that it violated conflict of interest rules to advise Teva in a hostile takeover bid for rival Mylan, Teva has opted to move on, hiring Sullivan & Cromwell.

Judge Suggests SEC's Administrative Cases Unconstitutional

By Scott Flaherty |

A federal judge blocked the SEC from continuing administrative proceedings against a real estate developer. Siding with lawyers at Kilpatrick Townsend & Stockton, the judge ruled that the SEC's administrative process may violate the Appointments Clause of the Constitution.

Photograph by Keith Bedford/Getty

Skadden Wins Round for American Apparel

By Scott Flaherty |

Two allies of American Apparel founder Dov Charney have been dealt a setback in their lawsuit attempting to help Charney regain control of the company.

SCOTUS to Consider Class Actions Again

By Scott Flaherty |

Carter Phillips of Sidley Austin convinced the court to review an employment case against Tyson Foods that used a statistical model to compute class damages.

Billionaire Wife's Case Tossed for Failure to Show

By Scott Flaherty |

Real estate mogul Roger Wang's failure to show for a deposition caused the dismissal of a securities case brought by his wife over Bear Stearns' collapse.

Vermont Judge Allows Challenge to Patent Troll Law

By Lisa Shuchman |

In an early test of state laws that attempt to curb patent trolls, a Vermont federal judge has allowed a challenge to proceed under that state's law.

Steve Berman of Hagens Berman

Chicago Indictment Cites Payments From Tobacco Settlement

By Scott Flaherty |

The firm was forced to deny that it made improper payments to a Chicago lawyer indicted for tax evasion.

Barry Ostrager in his office at Simpson Thacher in 2007.

Ostrager Takes Up Gavel As NY Looks to Deepen Commercial Bench

By Julie Triedman |

Simpson Thacher & Bartlett partner Barry Ostrager, freshly retired from the firm at 67, reported to his new chambers at 60 Centre Street in Manhattan this week as New York's newest acting Supreme Court justice.

Athletes Can't Reprise Hausfeld Win in NCAA Antitrust Case

By Scott Flaherty |

While Michael Hausfeld presses for massive class action fees in California, a similar case over the use of college players' likenesses has fizzled in Tennessee.

Convicted UBS Execs Lose Muni Bond Bid-Rigging Appeals

By Scott Flaherty |

Marc Mukasey of Bracewell & Giuliani, who represents former UBS VP Gary Heinz, said he's considering his next legal steps after Thursday's Second Circuit ruling.

John Elwood

Litigator of the Week: John Elwood of Vinson & Elkins

By Scott Flaherty |

This time of year the U.S. Supreme Court enters its version of postseason play, doling out many of its most-anticipated rulings before the term winds down at the end of June. For Elwood, the fast pace made for a big week.

The American International Building, located in New York, NY.

Contractors, Insurers Dodge $2B Wartime Benefits Class Action

By Scott Flaherty |

Workers injured while supporting the U.S. war effort in Iraq and Afghanistan suffered a courtroom defeat this week, when the U.S. Court of Appeals for the D.C. Circuit stamped out a proposed $2 billion class action against their employers and insurers.

Skadden Helps JPMorgan Unravel $70M Patent Settlement

By Scott Flaherty |

DataTreasury, which has wrested more than $350 million in licensing fees from banks over the years, was ordered to return $69 million for breaching a 2005 deal with JPMorgan.

Benjamin Wey

Harassment Suit Moves Forward Against China Stock Promoter

By Scott Flaherty |

A former employee of a U.S. firm that shepherds Chinese companies through reverse mergers claims that its owner, Benjamin Wey, sexually harassed her and then used his own online soapbox to defame her.

Ruling Ends Plaintiff's Online Shopping Patent Spree

By Scott Flaherty |

Safeway Inc. and its lawyers at Reed Smith finally cut Kroy IP's litigation campaign short last week, when a judge found the company's patent invalid on multiple grounds.

RMBS Investors Get Green Light in Megabillions HSBC Suit

By Scott Flaherty |

The decision comes in one of six lawsuits that Bernstein Litowitz brought last year against banks that served as trustees for more than $2 trillion in residential mortgage-backed securities.

Another Securities Case Founders on Confidential Witnesses

By Scott Flaherty |

Relying on informants can help nudge a case past a motion to dismiss—but the practice has become minefield for the securities class action plaintiffs bar.

Skadden Fights Contract Lawyer's Claims at Second Circuit

By Scott Flaherty |

The appeal, which could help decide the fate of overtime claims against both Skadden and Quinn Emanuel, explores whether some contract lawyers' work shouldn't be considered legal practice.

Sirius XM Must Face Class Action Over Pre-1972 Songs

By Susan Beck |

Changing lawyers hasn't changed fortunes so far for Sirius XM Radio Inc. in its copyright battle with the founders of the 60s rock group The Turtles.

S&C Reloads in Battle over NYC Bank Regulations

By Scott Flaherty |

With Mayor de Blasio intent on enforcing the city's Responsible Banking Act, H. Rodgin Cohen and Robert Giuffra Jr. of Sullivan & Cromwell renewed their efforts to block the law on behalf of the New York Bankers Association.

Mark Werbner, left, with Commil co-owner Jonathan David outside the U.S. Supreme Court in March 2015.

Litigator of the Week: Mark Werbner of Sayles Werbner

By Scott Flaherty |

In his U.S. Supreme Court debut, Werbner prevailed over one of the high court's most seasoned veterans in a closely watched patent case against Cisco Systems Inc.

For-Profit Schools Lose Challenge to New Federal Aid Rules

By Scott Flaherty |

An industry group represented by Cooley failed to persuade a federal judge that new Department of Education regulations were devised "in a fit of anti-proprietary school zealotry."

U.S. Supreme Court

Another Patent Test for the Supreme Court?

By Scott Flaherty |

If Ultramercial's lawyers at McKool Smith get their way, the company's foiled patent case could offer the justices a chance to rein in the Federal Circuit.

U.S. Supreme Court building

High Court Won't Hear NVIDIA Securities Case

By Scott Flaherty |

Proving that an apparent circuit split isn't always a ticket to the U.S. Supreme Court, the justices on Tuesday declined to review whether a company's failure to abide by a certain securities regulation can give rise to fraud claims.

Second Circuit to Weigh Overtime Pay for Contract Lawyers

By Scott Flaherty |

The appeal, which asks whether some attorney duties are so mechanical that they don't amount to practicing law, could decide the fate of overtime cases facing Skadden and Quinn Emanuel.

Pfizer headquarters in New York City.

Pfizer Fights to Keep Lid on 10-Year-Old Class Action

By Scott Flaherty |

Lawyers hoping to resurrect a decade-old securities class action against Pfizer Inc. will make their case to the Second Circuit on Tuesday.

New York Attorney General Eric Schneiderman speaks at a March 2015 press conference.

Actavis Injunction Survives Second Circuit Appeal

By Scott Flaherty |

Arnold & Porter's Lisa Blatt didn't fare any better than White & Case in fending off New York's efforts to block a "forced switch" to a new version of Actavis' Alzheimer's drug, Namenda.

Benjamin Lawsky

So Long (For Now), Benjamin Lawsky

By Susan Beck |

After wresting billions from Wall Street, the departing New York regulator is steering clear of the big law firms that cater to the banking industry. But whether he remains in private practice or shoots for public office, it's a good bet we'll all be hearing from him again.