Top Stories

U.S. Securities and Exchange Commission building.

Wall Street Targets Urge NY Judges to Hobble the SEC

By David Bario |

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

Tech Players Line Up Against ITC Power to Ban Digital Files

By Lisa Shuchman |

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

Dish, Southwest, Time Warner Targeted in New Patent Blitz

By David Bario |

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

Lawyer Escapes Sanctions Over Fosamax Trial 'Tirade'

By Julie Triedman |

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

Boies Schiller Scores $175M Verdict in Guardrail Defects Case

By Julie Triedman |

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

Mark Zuckerberg

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

By David Bario |

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

Shanghai, China

Knowles Evens Score in IP Fight With Chinese Rival

By Lisa Shuchman |

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

Kramer Levin Becomes Target in TransPerfect Partners' Row

By Julie Triedman |

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

Q&A: Brandon Garrett on Corporate Prosecution Agreements

By Susan Beck |

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

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

By David Bario |

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

Ambac Loses Bid to Revive JPMorgan RMBS Contract Claims

By Julie Triedman |

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

Trinity Battles Guardrail Claims as Texas Trial Nears Close

By Julie Triedman |

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

The World Trade Center on Sept. 17, 2001.

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

By Michael D. Goldhaber |

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

Wife of Ex-SAC Trader Martoma Asks Court for Lifeline

By David Bario |

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

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

By David Bario |

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

Patent Battle Over Teva's Copaxone Heads to High Court

By Lisa Shuchman |

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

Judge Sets AriZona Cofounder's Stake at $1 Billion

By Julie Triedman |

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.

Amkor Vows to Fight $128 Million Tessera Win, PTO Defeat

By David Bario |

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.

Chevron, Yukos, and 'Two Lifetimes of Litigation' Revisited

By Michael Goldhaber |

Which will be remembered as the main event in the world's biggest cases—the litigation or the arbitration?

NFL Defeats Ex-Players' Publicity Rights Lawsuits

By Susan Beck |

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.

Cooley Wins Attorney Fees After NexTag Patent Trial Win

By Susan Beck |

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.

Christopher Reeve as Superman

Toberoff's Last Superhero Stand at the Ninth Circuit

By Lisa Shuchman |

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.

Ordered To Pay Exxon $2B, Venezuela Claims Victory

By Susan Beck |

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.

Litigator of the Week: Lewis Remele Jr. of Bassford Remele

By Jan Wolfe |

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.

Court Revives SOX Whistleblower's Case Against JPMorgan

By David Bario |

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.

Seagate Claims $800 Million Win in Trade Secrets Appeal

By Jan Wolfe |

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.

Fee Fight Shines Spotlight on Patent Plaintiff's Troubles

By Jan Wolfe |

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.

Shut Out in Court, SAP Inks Deal To End Versata Patent Woes

By Jan Wolfe |

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.

Court Revives Contract Row Over Bristol-Myers HIV Drug

By Jan Wolfe |

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 Can't Escape Invalidity Ruling in Texas Patent Cases

By Jan Wolfe |

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.

High Court Snubs Omnicare Whistleblower's False Claims Act Appeal

By Jan Wolfe |

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 Global Lawyer: A Wild 'Off Week' in the Chevron Ecuador Case

By Michael D. Goldhaber |

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?

Judge Trims Abbott Whistleblower's False Claims Act Suit

By Jan Wolfe |

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.

U.S. District Judge Miriam Goldman Cedarbaum

MatlinPatterson Fends Off $55 Million Arbitration Award

By Jan Wolfe |

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.

The Global Lawyer: Class Actions Aborning in Europe and the UK

By Michael D. Goldhaber |

After 15 years in the waiting room, it's time for global antitrust plaintiffs to hand out cigars.

Aaron Streett of Baker Botts

Baker Botts Wins High Court Review in Bankruptcy Fee Fight

By Jan Wolfe |

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.

Litigator of the Week: Joseph Re of Knobbe Martens

By Jan Wolfe |

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.

Judge Julio Fuentes

Cahill, BASF Say Court Flubbed Litigation Privilege Ruling

By Susan Beck |

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.

Robbins Geller Deflects Attacks as JPMorgan Case Gets Green Light

By Jan Wolfe |

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.

Judge Leo Strine

Del. Court Wipes Out $250M Verdict Against Covidien Unit

By Jan Wolfe |

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.

Apple Fights to Cap Damages as iPad Patent Trial Looms

By Jan Wolfe |

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.

Novartis Headquarters in Basel, Switzerland.

Cravath, Kaye Scholer Lose Bid to Derail Novartis Kickbacks Case

By Jan Wolfe |

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.

A man walks next to a grafitti depicting US' Judge Thomas Griesa and vultures behind bars, outside the National Congress in Buenos Aires on September 10, 2014.

U.S. Judges Become South American Villains in Argentina, Ecuador Cases

By David Bario |

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.

Marvel Comics' Captain America issue #248.

Marvel Settlement Leaves Copyright Questions Hanging

By Lisa Shuchman |

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.

A man walks next to a grafitti depicting US' Judge Thomas Griesa and vultures behind bars, outside the National Congress in Buenos Aires on September 10, 2014.

US Judges Become South American Villains in Argentina, Ecuador Cases

By David Bario |

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.

Wachtell Fends Off Class Action Sparked by Avon Bribes Flap

By Jan Wolfe |

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.

Signs of a Tougher SEC?

By Susan Beck |

The U.S. Securities and Exchange Commission showed rare nerve in two cases that reached a head last week.

Lawyers Shoot for the Moon With Fee Bid in LBO Case

By Jan Wolfe |

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.

U.S. District Judge P. Kevin Castel

Judge Nixes Hedge Fund's Bid to Block $3.7B Bank Merger

By Jan Wolfe |

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.

Howard T. Markey National Courts Building/U.S. Court of Appeals for the Federal Circuit in Washington, DC.

Honda Wins Ruling That Patent Plaintiff Deceived the PTO

By Lisa Shuchman |

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.

Bancroft's Paul Clement

Fairfield Liquidator Wins New Chance to Void Madoff Deal

By Jan Wolfe |

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.

Wylys Must Pay at Least $300 Million, Judge Rules

By Jan Wolfe |

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.

Gary Osen

Litigators of the Week: Plaintiffs Counsel in Linde v. Arab Bank

By David Bario |

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.

Boston Scientific Socked With $309 Million Verdict

By Jan Wolfe |

Siding with lawyers at Williams & Connolly, a state court jury in Maryland awarded patent licensing company Mirowski Family Ventures $309.3 million after a two-week trial.

Illinois High Court Takes Up $10 Billion Philip Morris Case

By Jan Wolfe |

The Illinois Supreme Court is ready to take another look at a $10 billion tobacco verdict against Philip Morris that it threw out a decade ago, only to have a lower court reinstate the verdict this April based on evidence that came out after trial.

Weil Gotshal's Sonal Mehta

Weil Helps Game-Makers Defeat Animation Patent Claims

By Jan Wolfe |

Invoking classic Bob Dylan and fresh U.S. Supreme Court precedent on patent-eligibility, a federal judge on Wednesday halted a small company's litigation campaign against the video game industry.

Persistence Pays Off for Boies Schiller in Barclays-Lehman Brawl

By Jan Wolfe |

Barring an unlikely U.S. Supreme Court reversal, lawyers at Boies, Schiller & Flexner can finally add the roller-coaster bankruptcy litigation over Barclays' fire sale acquisition of Lehman Brothers' brokerage unit to the firm's win column.

Consumer Settlements Top $100M in Auto Parts Collusion Case

By Jan Wolfe |

Auto parts makers have already paid more than $2 billion in penalties to resolve criminal price-fixing claims, so it was inevitable that they'd eventually cut some big checks in parallel consumer class actions.

Venezuelan President Hugo Chavez

White & Case Wins $740M Award Over Venezuela Mine Seizure

By Jan Wolfe |

Spokane, Wash.-based Gold Reserve Inc. is trumpeting the award and congratulating its lawyers, even as it admits that it wanted a lot more money.

Gary Osen showing jurors a video clip of Steve Averbach's deposition during closing arguments in <em>Linde v. Arab Bank</em>.

The Global Lawyer: Scenes from the Arab Bank Terrorism Trial

By Michael D. Goldhaber |

A great trial lawyer delivers a classic closing, only to be upstaged by the shy man who pulled him into the case.

Gary Osen outside Brooklyn federal court, Aug. 14, 2014

A Good Day for Terror Funding Plaintiffs in New York

By Jan Wolfe |

With a historic trial victory against Arab Bank and an appellate decision reviving claims against NatWest, plaintiffs took the advantage in Anti-Terrorism Act litigation against international financial institutions in New York.

U.S. Securities and Exchange Commission building.

Foreign SEC Tipster Gets Record $30 Million Award

By Susan Beck |

In its largest whistleblower award to date, the SEC set aside at least $30 million for a foreign resident who tipped off the agency about an unnamed fraud. The agency said the award was appropriate despite the Supreme Court's stricture against applying U.S. securities laws overseas.

After Losing Patent Case, RICO Claims Still Dog Lumen View

By Lisa Shuchman |

Lumen View Technology would probably love to forget the patent lawsuit it brought against search engine company FindTheBest.com. But after beating the IP case, winning back its defense fees and suing Lumen View for alleged RICO violations, FindTheBest isn't going to let the plaintiff walk away that easily.

Class Action Denied, But Antiaging Pill Litigation Lives On

By Jan Wolfe |

Telomerase Activation Sciences is still locked in litigation with Brian Egan, a former TAS executive who says the pill-maker's marquee product, TA-65, gave him prostate cancer.

The Global Lawyer: A Review of Paul Barrett's 'Law of the Jungle'

By Michael D. Goldhaber |

Paul Barrett's fine new book on Chevron in Ecuador has been called lopsided. Let's take a closer look.

Diegeo Inks Deal to Exit Johnnie Walker Trademark Row

By Jan Wolfe |

As part of the settlement, Johnnie Walker will become a corporate sponsor for the New York-based Explorers Club. The deal ends a feud that pitted the club's lawyers at Boies, Schiller & Flexner against counsel for Diageo at Quinn Emanuel Urquhart & Sullivan.

Settlement Ends Trade Secrets Case Against McKinsey Duo

By Susan Beck |

After repeatedly touting its lawsuit against two former executives who departed for McKinsey & Co., turnaround consultancy AlixPartners and its lawyers at Gibson Dunn quietly settled the case.

Oxfam Sues SEC Over Oil Industry Transparency Rule

By Jan Wolfe |

In its second lawsuit related to requirement for publicly traded oil and gas companies to disclose payments to foreign governments, Oxfam claims the wait for a final version of the rule has gone on far too long.

Ogletree Deakins' Stephanie Aranyos and Brian Gershengorn.

Litigators of the Week: Stephanie Aranyos and Brian Gershengorn of Ogletree Deakins

By Jan Wolfe |

The threat of big overtime damages for contract lawyers in New York has been diminished, thanks to a ruling that Stephanie Aranyos and Brian Gershengorn won for Skadden.

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

Daimler Ruling Hangs Over Chinese Counterfeiting Case

By Jan Wolfe |

The Supreme Court's ruling in Daimler v. Bauman arose from claims of torture, kidnapping and murder in Argentina. But the decision holds promise for foreign defendants in all kinds of cases, as the Second Circuit illustrated Wednesday in a battle over funds held by Chinese counterfeiters at Bank of China.

Acacia Unit Socked with Fees in Alcatel Patent Fight

By Lisa Shuchman |

A judge in Delaware agreed with Alcatel-Lucent's lawyers at Goodwin Procter that the plaintiff, an Acacia subsidiary called Chalumeau Power Systems, filed a frivolous lawsuit and backed off only after Alcatel refused to negotiate a settlement.

Bill Lee of Wilmer Cutler Pickering Hale and Dorr.

Wilmer's Lee Erases $368 Million Apple Damages Verdict

By Jan Wolfe |

Another big verdict went up in smoke at the U.S. Court of Appeals for the Federal Circuit on Tuesday, when the appeals court ordered a new damages trial in VirnetX Inc.'s patent infringement case against Apple.

Gibson Dunn's Eugene Scalia

Gibson Dunn Gets Mixed Ruling in CFTC Swaps Rule Challenge

By Jan Wolfe |

A judge upheld key aspects of the Commodity Futures Trading Commission's rules on cross-border swaps.

Jury box..Photo by Jason Doiy.2-9-11.054-2011

CBS Verdict Empowers Podcast Patent Campaign

By Jan Wolfe |

Personal Audio and its lawyers showed they know how to sway a jury, giving the company leverage in any settlement talks with other defendants they've targeted over podcasting IP.

Jonathan Hacker of O'Melveny & Myers.

O'Melveny Fends Off Hitachi TV Patent Claims for TPV

By Lisa Shuchman |

O'Melveny & Myers scored a speedy appellate victory in a battle between past and present television titans, persuading the Federal Circuit to reject patent infringement claims by Japan's Hitachi Consumer Electronics against fast-growing Chinese TV manufacturer TPV Technology Ltd.

Abbe Lowell

Chadbourne, Boies Square Off as U.S. Guards Iran Secrets

By Jan Wolfe |

Chadbourne's Abbe Lowell and Lee Wolosky of Boies Schiller are no strangers to sensational cases. Exhibit A: billionaire Victor Restis' defamation lawsuit against United Against Nuclear Iran, which was thrown back into the headlines over the weekend by the government's plea to toss the case.

The Global Lawyer: How Russia Can Fight the Yukos Award

By Michael D. Goldhaber |

Dutch courts like arbitration winners, and the Dutch don't like Russia. But if you're a former superpower staring down the barrel at a $50 billion award, you take your chances and look for your best argument.

Lawyers Hit Rough Patch in Unpaid Intern Class Actions

By David Bario |

Thanks to a dustup with an erstwhile client and unfavorable rulings by two New York judges, an intern's case against CBS is dead on arrival, and cases against Warner Music Group and Viacom are destined never to go before a jury.

In the Home Stretch, FHFA Inks $550M Deal With HSBC

By Jan Wolfe |

Like more than a dozen bank defendants before it, HSBC on Friday reached a megabucks settlement to end its mortgage-backed securities fight with Fannie and Freddie's conservator.

U.S. Supreme Court.

IndyMac Settlement Leaves Tolling Question Unresolved

By Jan Wolfe |

Investors in mortgage-backed securities issued by IndyMac settled their claims against the bank's underwriters. But the IndyMac litigation lives on at the U.S. Supreme Court—with important implications for the time limits that govern securities class actions.

Jones Day Loses EU Appeal in Credit Card Fee Fight

By Jan Wolfe |

Europe's highest court upheld a ban on credit card fees set by MasterCard Inc., dealing a defeat to the credit card company and its lawyers at Jones Day.

Brad Brian

Litigator of the Week: Brad Brian of Munger, Tolles & Olson

By Jan Wolfe |

As the owner of the oil rig whose explosion fouled the Gulf of Mexico in 2010, Transocean has always been a key defendant in litigation over the Gulf spill. But thanks in part to Brian, BP is still stuck with most of the tab.

Eleventh Circuit Blasts Lawyer, Tosses Florida Smoker Suits

By Jan Wolfe |

"Any lawyer worth his salt knows a dead person cannot maintain a personal injury action," an appellate panel wrote in throwing out hundreds of defective personal injury cases brought by Florida lawyer Norwood Wilner.

Third Circuit Gets It Right in Cahill Fraud Case

By Susan Beck |

By refusing to allow the litigation privilege to shield Cahill Gordon and its former client from egregious fraud claims, a Third Circuit panel took a welcome step toward holding lawyers more accountable for their actions.

Sonal Mehta, Weil Gotshal partner

Weil Wunderkind Sonal Mehta Scores for Adobe

By Jan Wolfe |

Mehta is used to hitting milestones before her peers: college degree by 17, Big Law partner by 30. This week the 33-year-old won her first big patent trial as colead counsel, securing a total defense victory for Adobe Systems.

Vermont Attorney General William Sorrell

MPHJ Files New Suit Challenging Vermont Antitroll Law

By Lisa Shuchman |

The accused patent troll MPHJ Technology Investments is trying a different tack in its battle with Vermont Attorney General William Sorrell, bringing a new federal lawsuit to block the AG from pursuing state consumer protection claims against the company. 

Quinn Emanuel Wields Fair Use to Foil Fox News Claims

By Jan Wolfe |

Fox News and its lawyers at Kirkland & Ellis suffered a big setback on Tuesday in their copyright case against TVEyes Inc., a service that allows corporations, media watchdogs and political campaigns to track what cable news pundits are saying.

Del. Judge Blesses Forum Bylaw Aimed at Scuttling M&A Suits

By Jan Wolfe |

Delaware judges aren't exactly known for ceding jurisdiction to other states, especially in shareholder disputes. But a chancery judge ruled that forum selection bylaws are valid even if they're adopted in anticipation of litigation, and even if they designate a Delaware company's out-of-state home turf as the forum.

ViaSat Agrees to Drop Satellite IP Case for $100 Million

By Jan Wolfe |

After a judge tossed a $283 million damages award they won against rival Space Systems/Loral, the satellite design company ViaSat and its lawyers at Quinn Emanuel have opted to cut a deal rather than face another jury.

Venable Appeals Win for Generics in Hospira Sedative Fight

By Lisa Shuchman |

Less than three weeks after halting drugmakers Mylan and Par Pharma from selling generic versions of Hospira's blockbuster sedative Precedex, a judge in Baltimore performed an unexpected about-face that allows the generics to resume sales.

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

Cravath Beats Back Xerox Investor Class Action

By Jan Wolfe |

Despite some regrettably worded internal communications it produced during discovery, Xerox Corporation has finally killed off a class action alleging it overstated the cost-saving benefits of its big corporate reorganization in 1998.

Latham's Margaret

LBO Collusion Case Winds Down With $115M Carlyle Deal

By David Bario |

After seven years of litigation, the white flags are waving in a once massive antitrust class action accusing top private equity firms of scheming to drive down the value of leveraged buyout deals.

D.C. Circuit Judge Sri Srinivasan.

Psych Association Wins Reversal in Fee Class Action

By Jan Wolfe |

In a setback for the American Psychological Association and its lawyers at Wilmer Cutler Pickering Hale and Dorr, an appeals court has revived an unusual class action alleging that the APA duped psychologists into paying extra annual fees to support its lobbying wing.

Polo Group Blocks Ralph Lauren Lawsuit in Trademark Fight

By Jan Wolfe |

The United States Polo Association scored a win in its endless trademark fight with Ralph Lauren Corporation, persuading a judge to compel arbitration of claims that it breached a decade-old truce with RLC.

Quinn Emanuel Reloads Against Banks in New Price-Fixing Case

By Susan Beck |

Fresh off a pretrial win in a lawsuit accusing big banks of conspiring to fix credit default swaps, Quinn Emanuel Urquhart & Sullivan has launched a new multibillion-dollar antitrust suit against the banks, this time over interest rate swaps.

Litigators of the Week: Christopher Placitella of Cohen, Placitella & Roth and Jeffrey Pollock of Fox Rothschild

By Jan Wolfe |

Placitella and Pollock persuaded an appeals court to revive fraud claims against BASF Corporation and Cahill Gordon—and to affirm that the litigation privilege isn't a license to deceive the courts.

Patent Wins Pile Up for Google After Alice v. CLS Bank

By Lisa Shuchman |

Applying the age-old concepts of searching and ranking to the Internet made Google one of the world's richest companies. But Google's lawyers are on a roll, defeating patent cases on the grounds that taking an abstract idea and adding a computer doesn't warrant patent protection.

No Escape for Banks in Credit Default Swap Antitrust Case

By David Bario |

Institutional investors represented by Quinn Emanuel and Pearson, Simon & Warshaw cleared a major hurdle on Thursday, when a judge refused to toss most of a multibillion-dollar class action targeting top international investment banks.

Airlines Knock Out Business Method Patent in East Texas

By Jan Wolfe |

Mayer Brown's Stephen Baskin represented five of the nine airlines named as defendants in the case: American Airlines, Delta Airlines, Frontier Airlines, United Airlines and US Airways.

Judges Smile on Vermont, Chide Nebraska in Patent Troll Cases

By Jan Wolfe |

When it comes to fighting the infamous patent troll MPHJ Technology Investments, Nebraska attorney general Jon Bruning must envy his counterpart in Vermont, Bill Sorrell.