Top Stories

Mental Illness and the Courts—A Sister’s Perspective

By Jenna Greene |

My brother has schizophrenia. He’s been ill for almost 30 years, and he has little to no awareness of this fact. Some localities have passed laws that allow judges to order severely mentally ill people to undergo outpatient treatment. It's controversial—but it's also right.

Daniel Petrocelli.

Shout-Out: O’Melveny's Petrocelli Keeps Fox’s ‘Empire’ Intact

By Jenna Greene |

Twentieth Century Fox Television can keep the title of its hit show “Empire” after O’Melveny & Myers trial practice head Daniel Petrocelli led a team of firm lawyers to beat back a trademark challenge.

Brad Caldwell

Litigator of the Week: Bradley Caldwell of Caldwell Cassady & Curry

By Julie Triedman |

The software patent gravy train is still chugging for VirnetX and its lawyers, who won a $625.6 million infringement verdict against Apple this week.

Tara Lee.

No Wonder Quinn Emanuel Wanted This Lateral Litigator

By Jenna Greene |

Quinn Emanuel Urquhart & Sullivan boasts that firm lawyers have tried more than 2,400 cases, winning 88 percent of them. New lateral partner Tara Lee, who joined the firm from DLA Piper, should fit right in. This case is one reason why.

Scott Gilbert.

The Unlikely Insurance Lawyer Behind the Release of U.S. Prisoners in Iran and Cuba

By Jenna Greene |

Scott Gilbert made his name as a star insurance litigator who has helped clients recover more than $50 billion in claims. But he's also the lawyer behind the releases of Amir Hekmati in Iran and Alan Gross in Cuba. It's all about the ability to broker a settlement.

When Opting Out Goes Bad: One Company’s Story

By Jenna Greene |

Sometimes opting out of a class action can backfire. That’s what happened last week to The Valspar Corp., which came up empty=handed in a huge price fixing suit against E.I. du Pont de Nemours & Co. What went wrong?

Meet Simpson Thacher’s New Litigation Co-Head

By Jenna Greene |

Securities litigator Jonathan Youngwood is stepping up to co-head the litigation practice at Simpson Thacher & Bartlett, the firm announced Monday. What are his plans for the 200-plus lawyer group?

Judge Judy Sheindlin presides over a case as her bailiff Petri Hawkins Byrd listens on the set of her syndicated show

Five Hilarious Things Litigators Can Learn From Judge Judy

By Jenna Greene |

Yes, I know, you’re a real lawyer, and you don’t watch Judge Judy. But that doesn’t mean there aren’t lessons to be learned from the Hon. Judith Sheindlin. Because this lady has seen it all—and she’s quick to say what other judges may only think.

Arvin Maskin, left, and Edward Soto, right.

Shout-Out: Weil Snuffs Product Liability Class for HVAC Giant

By Jenna Greene |

A team of Weil Gotshal & Manges litigators rebuffed a bid for class certification in a product liability suit, handing client Nortek Global HVAC a win on Thursday in Miami federal court.

Richard Godfrey, left, and Mike Brock, right.

Litigators of the Week: Richard Godfrey and Mike Brock of Kirkland & Ellis

By Scott Flaherty |

In the first GM ignition switch trial, the automaker’s lawyers exploited an unexpected advantage.

Michael Robertson.

Where Did $190M Go? MP3tunes Founder Accused of Separating From Wife to Shield Assets in Suit

By Jenna Greene |

Michael Robertson made a fortune—more than $190 million, he testified at trial in 2014. But now that he’s got a $15.8 million judgment for copyright infringement hanging over his head, the money is … gone. Plaintiffs lawyers think his estranged wife might be hiding it.

They’re Baa-aack: Securities Class Actions Jump

By Jenna Greene |

Securities class action filings last year hit the highest level since 2008, according to a new report. What's behind the numbers?

Anna Rotman.

With Litigation Lateral, Kirkland Makes a Play in Houston

By Jenna Greene |

Kirkland & Ellis is stepping up its litigation practice in Houston with the addition of lateral partner Anna Rotman from top trial boutique Yetter Coleman.

Alexandra Walsh of Wilkinson Walsh + Eskovitz.

Alexandra Walsh on Why She and Beth Wilkinson Left Paul Weiss to Form New Trial Boutique

By Jenna Greene |

The litigation landscape has a new power player: boutique Wilkinson Walsh + Eskovitz. Name partner Alexandra Walsh spoke to The Lit Daily about how the firm came into being, its market niche and why going to her kids' soccer games makes her a better litigator.

With a Pro Bono Army, Greenberg Traurig Rescues Big Brothers Big Sisters

By Jenna Greene |

Big Brothers Big Sisters was in big trouble. After more than 2,000 hours of pro bono work by 21 lawyers in 10 offices, Greenberg Truarig brokered a $1.6 million settlement with the government to resolve allegations that the charity failed to properly account for grant money.

Dirty Water, Dirty Pool in Flint Lawsuits

By Jenna Greene |

The toxic drinking water in Flint, Michigan is a disgrace, a profound public failure. But a new class action lawsuit going after lower-level officials because those at the top have blanket immunity isn't the answer.

Lawyer Amal Clooney embraces the deposed President of the Maldives Mohamed Nasheed as he arrives at Heathrow airport in London, January 21, 2016.

Amal Clooney for the Win (But Would You Expect Anything Less?)

By Jenna Greene |

After a highly visible lobbying campaign in Washington, D.C. and around the world, Amal Clooney helped secure the release—at least for now—of the ex-president of the Maldives, who arrived in London on Thursday. And she's already got a new client to save.

Jonathan Mitchell.

Litigator of the Week: Jonathan Mitchell

By Scott Flaherty |

An unexpected champion of class action rights, law professor Jonathan Mitchell helped win a rare victory for consumers at the Supreme Court.

Polish Slur—Or National Origin Discrimination?

By Jenna Greene |

That Michael Jagodzinski’s co-workers at Rhino Energy WV disliked him seems clear. But did they violate civil rights laws when they called him a "dumb Polack"?

Shout-Out: Skadden Spearheads Appellate Win for DuPont in Shareholder Suit

By Jenna Greene |

A team from Skadden, Arps, Slate, Meagher & Flom led the way in securing an appellate victory for E. I. du Pont de Nemours & Co., affirming the dismissal of a shareholder derivative lawsuit that accused current and former DuPont directors of breaching their fiduciary duty.

The crowd chants in favor of immigration law reform during a massive rally held at the Mall in Washington, D.C., on Monday, April 10, 2006.

How Three Mothers and Their Big Law Counsel Will Shape the Supreme Court Immigration Case

By Jenna Greene |

For three undocumented women, each the mother of a U.S. citizen child, the immigration case before the Supreme Court is personal. They won the right to intervene in the case with help from MALDEF, DLA Piper and O'Melveny & Myers.

Ted Cruz in Texas in 2009.

What Ted Cruz the Lawyer Tells Us About Ted Cruz the Candidate

By Jenna Greene |

Think what you will about Ted Cruz the Republican presidential candidate. But Ted Cruz the appellate lawyer was undeniably impressive. It makes his rise from presidential long shot to one of the front-runners look like more than happenstance. It suggests a master plan, the product of a deeply shrewd mind.

Richard Pepperman II, left, and Robert Wick, right.

Litigators of the Week: Richard Pepperman II of Sullivan & Cromwell and Covington’s Robert Wick

By Scott Flaherty |

Facing a skeptical judge, the pair scored a welcome defense victory for Goldman Sachs and JPMorgan in a closely watched antitrust case over zinc prices.

Robert Platt, left, and Benjamin Shatz, right.

Shout-Out: Manatt Blocks Phone Sexting Class Action

By Jenna Greene |

A team from Manatt, Phelps & Phillips rebuffed a would-be class action by people who got unwanted dirty text messages from a phone sex provider.

How Do You Get Picked to Be a Judge Anyway? Clues From Obama’s New Nominees

By Jenna Greene |

It may not be as extreme as winning the Powerball, but getting tapped to be a federal judge is its own kind of lottery.

Arthur Pressman.

Shout-Out: Nixon Peabody Scores Win for Planet Fitness in Transgender Locker Room Suit

By Jenna Greene |

A team from Nixon Peabody won dismissal of a suit against gym chain Planet Fitness after a member challenged its transgender-friendly locker room policy.

Gerald Maatman.

Report: Employment Class Action Payments Soared in 2015

By Jenna Greene |

The monetary value of employment-related class actions hit an all-time high last year, according to a report by Seyfarth Shaw, with the top 10 settlements totaling $2.48 billion.

Jameka Evans.

Ground Zero in Fight Over Civil Rights Protection for Gay Workers

By Jenna Greene |

Is it illegal to discriminate against an employee based on sexual orientation? In a powerful and persuasive brief, Lamba Legal hopes to convince the Eleventh Circuit that discrimination based on sexual orientation falls under Title VII's scope.

Feds Paid Energy Companies $4 Billion Over Five Years in Suits Over Nuclear Waste

By Jenna Greene |

The federal government makes thousands of payments every year to settle lawsuits. But to a taxpayer, few are more frustrating or costly than those involving the storage—or lack thereof—of spent nuclear fuel. The five-year tab tops $4 billion. It's a shameful public policy failure.

Two Sides, No Answers in Lawsuit Involving Boy With Autism

By Jenna Greene |

The plaintiffs who sued the family of an autistic boy give perspective on the high-profile suit, which claims that the parents' failure to control their child created a public nuisance and could lower property values.

Shout-Out: Weil Kicks Securities Fraud Class Against Sanofi

By Jenna Greene |

A team from Weil, Gotshal & Manges won dismissal of a securities fraud class action against French drug giant Sanofi, which was accused of using an illegal kickback scheme to pump up sales of its diabetes drugs.

Report: Antitrust Agencies Took Longer, Sued More in 2015

By Jenna Greene |

Kudos to Dechert for the best acronym ever. The firm issued its annual DAMITT report, otherwise known as the Dechert Antitrust Merger Investigation Timing Tracker. The 2015 findings are striking.

Stuart Singer, left, and David Barrett, right.

Litigators of the Week: Stuart Singer and David Barrett of Boies Schiller

By Susan Beck |

In the latest settlement tied to so-called feeder funds that funneled money to Bernie Madoff, PricewaterhouseCoopers agreed to pay $55 million to investors.

Found a Finger in Your Salad? There’s a Go-To Lawyer for That

By Jenna Greene |

We at The Lit Daily get lots of press releases. Most of them have headlines like “EPA Radon Action Month.” And then there’s this one, which arrived on Thursday: “Client of Eric Traut Sues Applebees After Finding Fingertip in Salad.”

Yakult.

California’s Class Action Catch-22

By Jenna Greene |

Why would you buy something again if you thought it was so terrible that you filed a lawsuit over it? Yet a federal judge held that would-be class action plaintiffs invoking California’s Unfair Competition Law only have standing if they plan to buy the (unsatisfactory) product again.

Historical intrepreter Ross Nelson as

Repeat After Me: You Can’t Make Stuff Up About Your Products

By Jenna Greene |

You’d think companies would have caught on by now. If, in your ads, you brag about scientific studies that prove how great your product is, you’d better have the goods to back it up. Because if you don’t, be prepared for the wrath of the Federal Trade Commission.

Steven Avery.

Overnight Fame for Lawyers in Netflix Smash Docudrama 'Making a Murderer'

By Jenna Greene |

Defense attorneys Dean Strang and Jerome Buting have emerged as heroes of the 10-part Netflix series "Making a Murderer," attracting masses of (often swooning) fans. But not all of the lawyers involved in the case are enjoying the limelight.

Why 2016 May Be a Rough Year for Litigation

By Jenna Greene |

For litigators, 2016 may be less than happy, according to big-picture forecasts from legal consultants. But at the practice-specific level, lawyers are focused on more tangible shifts and trends.

Bill Lee

Litigator of the Week: Wilmer's William Lee

By Scott Flaherty |

Just months after the U.S. Supreme Court dealt Cisco Systems a stinging defeat, Lee reversed his client’s fortunes at the Federal Circuit.

Editor’s Pick: Most Unseemly Legal Fight of 2015

By Jenna Greene |

It’s one of those stories that’s like a car crash. You can’t help but gawk.

Editor’s Pick: Most Righteous Government Win of 2015

By Jenna Greene |

Kudos to the U.S. Equal Employment Opportunity Commission for sticking up for vulnerable people who were subjected to terrible abuse.

Dov Charney, the founder and former CEO of American Apparel.

Editor’s Pick: Most Entertaining Court Proceeding of 2015

By Jenna Greene |

If Los Angeles County Superior Court Judge Terry Green had a fan club, we at The Lit Daily would join. This hilarious hearing in a defamation suit brought by ex-American Apparel CEO Dov Charney is why.

Luis Antonio Rivera, 58, of Miami, Florida, imprisoned for 30 years is serving a sentence for life plus 140 years, at  FCI Coleman Medium - Federal Bureau of Prisons, in Coleman, Florida, on Monday, April 9, 2015. Rivera, a former pilot, and an artist works in the commissary. He was charged with federal drug offenses.

Editor's Pick: Most Inspiring Pro Bono Win of 2015

By Jenna Greene |

This is a story that should make you feel proud to be a lawyer.

Reed Oslan, left, and Michael Foradas, right.

Litigators of the Week: Kirkland’s Reed Oslan and Michael Foradas

By Scott Flaherty |

The two won a $73.6 million verdict for a small U.K. engineering firm battling a trade secrets case against the colossus Caterpillar Inc.

Editors’ Pick: Worst Lawsuit of 2015

By Jenna Greene |

Everything about this case is bad—the legal basis, the underlying sentiment, the precedent it could set.

Shout-Out: Skadden Take a Bow

By Jenna Greene |

It’s been quite a week for litigators at Skadden, Arps, Slate, Meagher & Flom, who racked up six wins in seven days.

Editor's Pick: Best Judicial Opinion of 2015

By Jenna Greene |

If you read one opinion just for pleasure this year, make it this one: U.S. District Judge William Young’s decision in a reverse payment antitrust case. Not for the antitrust law (we’re not sadists), but for its remarkably engaging, eloquent look behind the bench at how he approaches the art of judging and the importance of trial by jury.

Christopher Landau of Kirkland & Ellis.

Litigator of the Week: Christopher Landau of Kirkland & Ellis

By Susan Beck |

Landau kept up a defense winning streak in cases challenging consumer contracts that mandate arbitration.

The Lawsuits Are Piling Up, but Chipotle Has Bigger Problems Than Litigation

By Jenna Greene |

Chipotle was hit with another lawsuit Wednesday, this one stemming from the norovirus outbreak in Boston. The restaurant chain faces an estimated tens of millions of dollars in exposure, but it's got bigger problems than litigation.

Best Buy's Worst Decision

By Jenna Greene |

What does the retailer do to a manager who hires a good employee who’s an ex-con? It fires the manager.

Baseball and Fishing Patent Fights Show the Fun Side of IP

By Jenna Greene |

Most of the time, the inventions that underlie patent litigation are less than gripping (semiconductors, anyone?). But now and again, infringement suits come along involving inventions that are just plain fun. Take two recent fights over beloved summer pastimes—baseball and fishing.

Why Plaintiffs Class Action Lawyers Deserve Fat Fees

By Jenna Greene |

At first glance, it looks like a total rip-off. Class members in a settlement involving deceptively marketed Duracell batteries collected just $345,000, but their lawyers got a whopping $5.7 million in fees. On Friday, the Center for Class Action Fairness filed a cert petition challenging the award. Except on closer inspection, the fee doesn’t seem so outrageous

Shout-Out: Willkie Farr Makes a $10B Save for Barclays

By Jenna Greene |

With $10 billion on the line, Willkie Farr & Gallagher lawyers delivered a major win for Barclays Bank PLC, securing complete dismissal of a suit brought by a Saudi Arabian real estate developer.

Kannon Shanmugam of Williams & Connolly.

Litigator of the Week: Kannon Shanmugam of Williams & Connolly

By Susan Beck |

To vacate the conviction of a former bond trader who had admitting to lying to investors, Shanmugam pressed a bold argument: Lots of bond traders lie.

When Test Cases Go Bad: Wyndham Settles FTC Data Breach Suit

By Jenna Greene |

Being a test case can make you a hero—or it can be a bust. For Wyndham Worldwide Corp., which was represented by Kirkland & Ellis, Ropes & Gray and Gibbons, it was the latter. On Wednesday, the hospitality company settled its data security fight with the Federal Trade Commission.

Ex-USC Football Coach Says He Was Wrongly Fired for Being an Alcoholic

By Jenna Greene |

Big-time college football coaches get fired all the time. But former University of Southern California head coach Steve Sarkisian in a lawsuit filed Monday claims that he was illegally terminated for being an alcoholic, in violation of the Americans with Disabilities Act.

Shout-Out: Orrick Team Prevails in Epic French Legal Battle

By Jenna Greene |

In France, it’s known as “l’affaire Tapie”—a juicy, long-running fight involving some of the country’s top politicians and businessmen. Last week, a Paris-based team from Orrick, Herrington & Sutcliffe scored a megawin in litigation against French business mogul, actor and singer Bernard Tapie.

Did Jones Day Lawyers Fumble Electrolux's $3.3B Bid for GE?

By Jenna Greene |

What’s surprising about Electrolux’s failed $3.3 billion bid for General Electric Co.’s appliance business is not just that it collapsed midtrial, but that it went to trial at all. Because it feels as if Electrolux's all-star team from Jones Day got caught in a game of chicken with the Justice Department’s Antitrust Division.

Deepwater Horizon Criminal Cases End With a Whimper

By Jenna Greene |

So much for holding individuals accountable for the Deepwater Horizon oil spill. The last felony charges against actual human beings—as opposed to corporations—floated away last week, whittled down from manslaughter to a misdemeanor count of water pollution. Why is no one going to prison for the 2010 disaster that killed 11 and spilled 3.1 million gallons of oil into the Gulf of Mexico?

Huh? Lawyer for San Bernardino Shooters’ Family Suggests Sandy Hook Was Fake

By Jenna Greene |

In the universe of bad defenses, this has got to be near the top. The lawyer for family members of the suspected San Bernardino shooters suggested that people shouldn’t rush to make conclusions about the attack. Fair enough—but check out his reason why.

David Gindler

Litigator of the Week: David Gindler of Irell & Manella

By Scott Flaherty |

In a closely watched patent battle over fetal DNA testing, Gindler cut off his opponent’s options one by one.

A 2015 Ford Focus

A Pig in a Poke? Panel Revives Class Action Against Ford Over Tire Defect

By Jenna Greene |

Ford Motor Co. may be on the hook for selling people “a pig in the poke” when they purchased a Ford Focus, a federal court of appeals panel said in a decision on Wednesday. It’s a welcome win for consumers—not just the people who got stuck buying new tires after a mere 20,000 miles thanks to an alleged rear suspension defect, but for everyone who expects manufacturers to fully honor their warranties.

A Well-Deserved Loss for DOJ in ‘Disgusting’ Health Care Fraud Case

By Jenna Greene |

After a five week trial, a unanimous jury in the Eastern District of Virginia rejected 41 counts against a prominent dermatologist charged with health care fraud. A closer look at the case is troubling, pointing to an investigation that was fundamentally flawed and a prosecution that never should have happened.

Lateral Litigator Love: November’s Biggest Moves

By Jenna Greene |

There’s no place like a new law firm for the holidays. A series of star litigators made the leap to new firms in the waning weeks of the year, with securities and intellectual property litigators in especially high demand. Here’s a look at some of November’s most notable moves.

Law gavel on a stack of American money.

Monday Mashup: Cohen and Quinn Take on the Banks; Simpson Wins Death Row Fight

By Jenna Greene |

Also, a fight grows over Sumner Redstone's estate; and here's a candidate for worst use of legal proceedings.

Gibson Dunn's Brian Lutz

Litigator of the Week: Brian Lutz of Gibson, Dunn & Crutcher

By Scott Flaherty |

By going on the offensive for client Depomed, Lutz helped bring an abrupt end to a $1.75 billion hostile takeover bid.

Morning Mashup: Morgan Stanley Takes One to the Jury; White’s ‘Earth to Mary Jo’ Moment

By Jenna Greene |

For the first time in a decade, Morgan Stanley tried a case to verdict in front of a real, live jury. What happened? Also, results from Alix's litigation survey; SEC head Mary Jo White gets personal; and a letter to the editor.

Litigator of the Week: Steven Thomas of Thomas, Alexander & Forrester

By Scott Flaherty |

The Sullivan & Cromwell partner turned plaintiffs lawyer says a verdict he won against Ernst & Young may be his most significant yet.

Actor Charlie Sheen appears during an interview, Tuesday, Nov. 17, 2015 on NBC's

Yes, Charlie Sheen, Please Do Arbitrate Your Sex Partner Disputes

By Jenna Greene |

There’s been a lot of criticism lately about arbitration being unfair. But here’s an instance where confidential, binding arbitration seems eminently appropriate—actor Charlie Sheen reportedly required would-be paramours to agree to arbitrate all disputes.

Don’t Want a 150-Foot Cell Tower Next Door? Too Bad

By Jenna Greene |

On the list of things homeowners don’t want, a giant new cell tower next door has got to be near the top. But if you live in Connecticut, New York or Vermont, there may not be much you can do about it, not if there’s a gap in cell phone coverage in your area.

Barry Berke, a partner and co-chair of Kramer Levin’s litigation department at Kramer Levin's offices in New York.

How One Lawyer Scored a DPA in a Huge Tax Fraud Case

By Jenna Greene |

Prosecutors said it was the biggest criminal tax fraud case in history. How did Barry Berke's client walk away with a deferred prosecution agreement?

Full Speed Ahead for Litigation Funders

By Jenna Greene |

In an out-of-the-blue announcement, litigation funder Bentham on Monday said that it has struck more than $30 million in deals with seven law firms. The takeaway: It's full speed ahead for the young but fast-growing litigation funding industry, never mind a recent inquiry into the inner workings of the industry by suspicious Senate Republicans.

Monday Mashup: Fee Fights, Celeb Settlements and Wilmer’s Revolving Door

By Jenna Greene |

Hausfeld's curiously timed $120M settlement; why the city of San Francisco is paying Journey guitarist Neal Schon $290,000; another Wilmer partner lands a top SEC job. All this and more in The Lit Daily's take on under-the-radar legal news.

Litigator of the Week: Michael Myers of McClanahan Myers Espey

By Scott Flaherty |

A Houston plaintiffs lawyer and a dentist took on the International Trade Commission’s authority to regulate data transmissions, and they won.

Pedophile’s Suit Tests How Far Prisons Must Go to Accommodate Sex Changes

By Jenna Greene |

In 2014, Dillon Shadle pleaded guilty to first-degree sexual assault of a 3-year-old boy and possession of child pornography. He now identifies as a woman, and wants the state of Nebraska to pay for hormone treatment and sex reassignment surgery. If prior holdings by other courts are any indication, Shadle has a good chance of winning.

If a Picture Is Worth a Thousand Words, Is a Trial Tech Expert Worth $200 an Hour?

By Jenna Greene |

Trial technology consultants offer expertise and experience—the best of them have seen more trials than most lawyers. But do you really need them?

Shout-Out: Patterson Belknap Scores for Abbott in Diabetes Test Strip Imports

By Jenna Greene |

When Abbott Laboratories found the domestic market for its diabetes test strips flooded with cheaper gray market imports from Europe, it tapped lawyers from Patterson Belknap Webb & Tyler to shut down the scheme.

Ride 'EmCounsel: Weil Lassoes Rodeo Antitrust Suit

By Jenna Greene |

It’s hard to imagine a world more removed from Weil, Gotshal & Manges’ Fifth Avenue offices in Manhattan than a dusty rodeo ring. But Weil partners James Quinn and Eric Hochstadt are leading the charge on behalf of championship rodeo riders, filing an antitrust class action on their behalf in Dallas federal court on Monday.

Pot, Hookers, Debts: What Can Kill a Security Clearance for Would-Be DOJ Lawyers

By Jenna Greene |

DOJ hires hundreds of laterals every year, but for some would-be government lawyers, there’s one scary obstacle: the background investigation and security clearance. So will the pot you smoked in college disqualify you from getting the job?

Litigators of the Week: James Thompson of Winston & Strawn and Lisa Blatt of Arnold & Porter

By Scott Flaherty |

Is Philip Morris finally clear of a $10.1 billion verdict for misleading smokers? The roller-coaster case is still too early to call, but Thompson and Blatt may be close to claiming a final victory.

Darren Robbins.

HCA to Pay $215M in Latest Big Securities Class Settlement

By Jenna Greene |

For the first six months of the year, it looked like securities class actions were in the doldrums. But since June 30, there’s been a series of big-ticket settlements in cases brought by Robbins Geller Rudman & Dowd. The latest: a $215 million payout by HCA.

Peet's Coffee & Tea.

Oh, the Humanity!: Peet’s Coffee Sued Over French Press Serving Sizes

By Jenna Greene |

Peet's Coffee is allegedly short-changing customers who order 12- or-32 ounce French press coffees. It's one in a series of less than compelling class actions over food labeling.

Same Court, Same Judge, Same Facts: What Gibson Dunn Did Differently to Win

By Jenna Greene |

Prism Technologies LLC was on a roll, suing the five largest cellular telephone service providers for infringing the same two patents. The first two cases, against AT&T and Sprint, went Prism's way—until it was Gibson Dunn and T-Mobile's turn.

Shout-Out: Cooley Kills $380M Antitrust Suit

By Jenna Greene |

“Expensive, bitter, time‐consuming and hard‐fought.” That’s how a federal judge in Miami described a $380 million antitrust battle between two pharmaceutical manufacturing and marketing companies.

On the Gridiron, the Ice or in Court, Latham Partner Thomas Heiden Plays to Win

By Jenna Greene |

In law and sports, fielding the right team is everything. The Illinois High School Association found its champion in Latham & Watkins partner Thomas Heiden, who scored a win last week in a case with far-reaching implications for high school football and other contact sports.

Litigator of the Week: Robert Schwartz and Victor Jih of Irell & Manella

By Scott Flaherty |

After steadily chipping away at claims that online video provider Hulu LLC broke privacy laws by sharing users’ viewing histories, Schwartz and Jih finally closed the book on the case.

Billy Martin.

Criminal Defense Star Billy Martin on Dog Fighting, Monica’s Blue Dress and the Worst Thing a Judge Ever Said to Him

By Jenna Greene |

Professional athletes, entertainers and politicians in a world of trouble have all turned to Billy Martin, who recently joined Miles & Stockbridge as a partner. He spoke to the Lit Daily about his practice, his work to diversify the legal profession and why getting rear-ended by a guy in a Porsche changed his life.

When the Feds Get the Wrong Guy: A Shocking Tale of False Arrest

By Jenna Greene |

In popular culture, FBI agents—think Mulder and Scully or Clarice Starling—are brilliant investigators who relentlessly seek the truth. In real life, not so much, as an appalling case of false arrest in Texas makes clear.

The Best Law Firm for Patent Litigation Right Now Is …

By Jenna Greene |

What law firm has the top patent litigation practice? It depends on how you measure it, but new data from Lit Daily affiliate Corporate Counsel suggests one possible answer. When you factor in other surveys, though, it's not so clear-cut.

Cure Cancer? Nah, Let’s Just Sue Each Other

By Jenna Greene |

Corporate disputes are often dry, bloodless things, but every once in a while, a case comes along with enough drama, scheming and betrayal to be worthy of a soap opera. That’s what happened last week in a fight over control of Genelux Corp., a privately held company with a mission to cure cancer.

Christine Lepera.

Litigator of the Week: Christine Lepera of Mitchell Silberberg & Knupp

By Scott Flaherty |

Months after Robin Thicke and Pharrell Williams suffered a major blow in the "Blurred Lines" case, Lepera helped score a big win for music copyright defendants in the battle over Jay-Z’s "Big Pimpin'."

What a Week for Laterals—A Look at the Most Interesting Moves

By Jenna Greene |

Conventional wisdom has it that the fourth quarter is slow for lateral moves—partners are supposed to hunker down and wait for the end of the year. But in the past week, we at the Lit Daily have been struck by a number of notable lateral moves. Here's a look at the most interesting among them, and what they tell us about the market.

David Elsberg, left, and Sean Baldwin, right.

Shout-Out: Quinn Emanuel Delivers in a Literal Bet-the-Company Case

By Jenna Greene |

“Bet the company” litigation is a phrase we legal journalists like to use, but it’s not often literally true. The stakes were actually that high, though, in a suit against Athilon Capital Corp. and its board of directors in Delaware Chancery Court. After a weeklong trial, a team from Quinn Emanuel Urquhart & Sullivan on Tuesday scored a resounding win.

A Credit Agricole bank branch in Nice, France, on Wednesday, Sept. 14, 2011.

When a $787M Penalty Is a Good Outcome

By Jenna Greene |

Even for a bank, $787 million is a big penalty. But in many ways, the deal that lawyers from Skadden, Arps, Slate, Meagher & Flom on Tuesday secured for Crédit Agricole SA for sanctions violations was a good one. How does it stack up compared to what Sullivan & Cromwell negotiated for BNP Paribas last year?

Dewey & LeBoeuf's former offices in Manhattan.

Commentary: Dewey & LeBoeuf, Good Riddance

By Jenna Greene |

In a way, it’s fitting that the Dewey & LeBoeuf trial ended with a hung jury. You take a group of people, throw them together, ask them to work for a common purpose—and they fail to reach consensus when it counts. A lot like the Dewey & LeBoeuf partnership, the unindicted co-conspirators in the proceedings.

Manny Pacquiao, from the Philippines, left, trades punches with Floyd Mayweather Jr., during their welterweight title fight in Las Vegas, on May 2, 2015.

In $100M Boxing Brawl, O’Melveny Lawyers Left on the Mat

By Jenna Greene |

In the world of professional boxing, there’s no question that manager Al Haymon is a heavyweight. But that’s not the same thing as being a bully who KO'ed antitrust laws, as a team of lawyers from O’Melveny & Myers led by Daniel Petrocelli found out.

Shout-Out: Foley Wins Dismissal in Case That Could Reshape Shareholder Suits

By Jenna Greene |

In a case that could offer a template for other companies looking to cut off shareholder class actions, lawyers from Foley & Lardner secured dismissal with prejudice last week of a suit against Emergent Capital Inc. in Florida federal court.

Life Sciences Star Jay Lefkowitz on Warning Labels, Briefing the President and School Choice

By Jenna Greene |

When Jay Lefkowitz rejoined Kirkland & Ellis in 2003 after serving as a top adviser to President George W. Bush, he could naturally have slid into the role of lobbyist or public policy hired gun. Instead, he’s helped turn Kirkland into a go-to firm for pharma litigation, racking up wins from the Supreme Court on down. He spoke with the Lit Daily about his practice and his time in government.

Litigator of the Week: Eric Maier of Maier Shoch

By Scott Flaherty |

Maier and his tiny firm prevailed over top-shelf opposing counsel in a copyright fight with controversial hot yoga guru Bikram Choudhury.

Aunt Who Sued Nephew Not Actually the Worst Person in the World

By Jenna Greene |

Jennifer Connell became infamous overnight, dubbed “the worst aunt ever,” for suing her 12-year-old nephew for $127,000 because she broke her wrist when he hugged her. But what got lost in the din was an entirely reasonable motivation for bringing the suit—one that did not make her a “nasty witch” or a “fruitcake with no morals."