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.
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.
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.
Is pro bono about feeling good, or maximizing legal services for the poor?
A magazine giant inked a settlement to escape one intern class action while a fashion icon got roped into another.
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.
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.
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.
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.
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.
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.
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.
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.
Sometimes bad advice is negligence, and sometimes it's just bad advice.
Why is it so hard for the government to identify the people who are gaming our financial system?
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.
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.
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.
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.
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.
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 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.
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.
For the defenders of former UBS banker Raoul Weil, a six-year prosecution ended with their client crying tears of joy.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Never underestimate how hard the rich—in this case a hedge fund founder and a clothing magnate—will fight over oceanfront property.
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?
Who better to turn a crisis into an opportunity than investors—and the securities class action plaintiffs bar?
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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?
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.
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.
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.
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.
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.
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.
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 & GorrisBy 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.
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.
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.
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.
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.
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.
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.
After nearly seven years of litigation, a state judge in Mineola, N.Y., ruled Tuesday that the cofounder of the company that makes AriZona iced tea owes his former business partner about $1 billion for his ownership share in the company.
Last week ended on a decidedly sour note for Amkor Technology, a contract chip assembler that's been locked in endless litigation with semiconductor IP company Tessera Technologies. But the news was all good for Tessera and its lawyers at Irell & Manella.
Which will be remembered as the main event in the world's biggest cases—the litigation or the arbitration?
Debevoise, representing the National Football League, convinced a federal judge in Minnesota that the works of NFL Films are not commercial speech and deserve First Amendment protection.
A federal judge in Charlotte held that LendingTree and its lawyers at Sheppard Mullin engaged in unreasonable litigation tactics against Cooley client NexTag and must pay a large portion of Cooley's fees.
In the last two weeks, plaintiffs lawyer Marc Toberoff has seen his assault on Hollywood over superhero copyrights largely wind down. But the plaintiffs lawyer is still fighting for the daughter of Jerry Siegel, a cocreator of Superman.
Although an international arbitration panel ordered Venezuela to pay more than $2 billion to subsidiaries of Exxon Mobil Corp., Venezuela’s lead lawyer at Curtis is crowing about the victory.
Capping years of litigation over an arbitration gone awry, Remele helped secure an estimated $800 million victory for Seagate in a trade secrets battle with rival hard drive maker Western Digital.
Thanks to an earlier decision by the Second Circuit that lowered the requirements for asserting whistleblower claims under Sarbanes-Oxley, JPMorgan Chase must again face allegations that it fired a former vice president for raising suspicions about a favored client.
Despite efforts by appellate heavyweight Lisa Blatt of Arnold & Porter to engineer a reversal, Western Digital Corp. and one of its employees came up short again on Wednesday in their bid to undo a blockbuster arbitration victory for Seagate Technology.
A decade ago Rates Technology Inc. was one of the busiest patent plaintiffs around. Now, according a ruling in a failed case RTI brought last year, the company isn't paying its lawyers, its patents are near expiring and its president, Jerry Weinberger, is worried about his job.
After fighting for three years to undo a $391 million patent infringement verdict it lost to Versata Software Inc., SAP AG has finally thrown in the towel.
In a win for Mayer Brown, the court rekindled claims that Bristol-Myers Squibb permitted Mylan Laboratories to sell a low-cost version of its patented HIV drug in countries struggling to cope with AIDS, only to have Mylan exceed the scope of the agreement.
DietGoal Innovations tried to keep a batch of Texas patent lawsuits alive by attacking a New York ruling killing off the company's patent. But despite drawing a visiting appeals judge in the Texas case, DietGoal's bid to challenge the New York decision will have to wait.
In a development that's sure to cheer the pharmaceutical industry, the U.S. Supreme Court declined on Monday to review a lower court ruling limiting drug companies' False Claims Act liability for shoddy distribution practices.
The Canadian bar revolts, Chevron mugs a litigation funder, and the plaintiffs play jujitsu. What's next—Donziger tossing out the first pitch of the World Series?
The ruling is a blow to salesmen-turned-plaintiffs lawyer Kevin Colquitt, who sued Abbott when he was a law student and then, Kirkland & Ellis says, shopped the case to law firms in order to land a job.
The fund's lawyers at Simpson Thacher persuaded a judge to rule for the second time that MatlinPatterson never agreed to arbitrate pricing disputes over a $320 million Brazilian airline industry transaction.
After 15 years in the waiting room, it's time for global antitrust plaintiffs to hand out cigars.
The firm and its cocounsel raked in about $120 million in fees from the bankruptcy of Asarco LLC, plus an enhancement of $4.2 million for work that a judge called "nothing short of extraordinary." But the firm says it's entitled to millions more incurred successfully defending its bounty.
Re and his firm won their biggest victory yet for medical device company Masimo Corp., persuading a federal jury in Delaware that Philips Electronics owes $467 million for infringing two Masimo patents.
The firm and its former client want the Third Circuit to rehear arguments that they're shielded from allegations they deceived plaintiffs and the courts for years about evidence of potential asbestos liability.
A judge certified an investor class action against JPMorgan Chase & Co. related to about $10 billion in mortgage-backed securities, rejecting the bank's claims that the plaintiffs firm isn't cut out to lead the 5-year-old case.
The Delaware Supreme Court's ruling is a victory for ev3's appellate lawyers at Gibson, Dunn & Crutcher, who said it will help shield Delaware companies from attacks over deal terms that were never made final.
Two weeks after an appeals court tossed VirnetX Inc.'s $368 million patent infringement verdict against Apple, the company's lawyers are hoping the ruling will limit its liability in another case that's now on the verge of trial.
Judging by a ruling issued on Tuesday, defense lawyers have their work cut out for them in the latest False Claims Act lawsuit alleging that Novartis AG offered doctors kickbacks to prescribe certain drugs.
Lawyers and career criminals aside, most Americans couldn't come up with the name of a single active trial court judge in their own country. But plenty of folks in Argentina and Ecuador have heard of U.S. District Judges Thomas Griesa and Lewis Kaplan.
No superheroes emerged from the five-year battle between Marvel Entertainment and the heirs of comic book artist Jack Kirby, which fizzled with a settlement before the U.S. Supreme Court was due to weigh the case this week. But the copyright adventure is likely to continue.
Lawyers and career criminals aside, most Americans couldn't come up with the name of a single trial court judge in their own country. But plenty of folks in Argentina and Ecuador have heard of U.S. District Judges Thomas Griesa and Lewis Kaplan.
Allegations that Avon bribed its way into the Chinese market sparked a massive internal probe and a criminal settlement. But a judge sent a proposed securities class action over the scandal back to the drawing board on Monday, dealing a defeat to plaintiffs lawyers at Motley Rice.
The U.S. Securities and Exchange Commission showed rare nerve in two cases that reached a head last week.
Scott & Scott, Robins Kaplan and Robbins Geller didn't end up getting the billions in damages they were seeking in a class action alleging that private equity firms fixed the prices of leveraged buyouts. But you wouldn't know it from the bold attorneys fee request they made on Friday.
The ruling offers an answer to an unsettled question for securities fraud litigants, and it removes one roadblock to the proposed $3.7 billion merger between CorpBanca, one of Chile's largest banks, and Brazil's Itaú Unibanco.
Nine years after first filing a patent infringement suit against Honda, attorneys at Baker Botts have again failed to shake a ruling that their client duped the U.S. Patent and Trademark Office in order to obtain its patents.
As with any financial upheaval, the collapse of Bernard L. Madoff Investment Securities brought opportunities for fees and profit. And as with Madoff's fraud, some suffered plain old bad luck.
In one of the stiffest penalties ever imposed on individual defendants in a securities fraud case, U.S. District Judge Shira Scheindlin ordered billionaire Sam Wyly and the estate of his brother Charles Wyly to hand over between $300 million and $400 million to the SEC.
Arab Bank may someday reverse a jury's verdict that it's liable for facilitating acts of terror. But for now the victims' lawyers are relishing a long-awaited victory.