Top Stories

Flush With Cash, the ACLU Staffs Up—and Gets Ready to ‘Carpet Bomb’

By Jenna Greene |

Since the election, the American Civil Liberties Union has raked in $79 million in online contributions. Here's how it plans to use the money.

Craig Primis, Winn Allen and Devora Allon of Kirkland & Ellis

A Look at the Lawyers Who Won Key Battle in Water War

By Katheryn Hayes Tucker |

From the beginning, the Kirkland team’s strategy was to make it impossible for Florida to build its case against Georgia in an epic battle over water rights.

David Boies of Boies Schiller & Flexner.

War Stories: David Boies on the Long Fight—and ‘Maddening’ Finale—in Defending Hank Greenberg

By Jenna Greene |

In an interview by phone from a sailboat in the Caribbean, David Boies tells the story of how he whittled down the epic litigation against ex-AIG CEO Hank Greenberg, why the case finally settled after 12 years of fighting and what he thinks of New York AG Eric Schneiderman’s attempt to spin the settlement.

Don McGahn

For White House Counsel Donald McGahn, an Unwelcome Spotlight

By Jenna Greene |

If the president’s lawyer is in the news, that usually means something has gone very wrong. Just over three weeks into his tenure as President Trump’s White House counsel, Donald McGahn is discovering this first-hand.

Clara Shin.

Shout-Out: Covington Wins Trade Secrets Trial with $500M on the Line

By Jenna Greene |

With only five months before trial, a team of litigators from Covington & Burling parachuted into a trade secrets case against a division of McKesson Corp. with half a billion dollars at stake.

Pushing Back Against Imaginary Voter Fraud with a Real-Life Lawsuit

By Jenna Greene |

To the Trump administration and its surrogates: consider yourselves warned. You’ll have a fight on your hands if you try to take voting rights away.

Rudy Giuliani.

Will Rudy Giuliani's Loose Lips Sink the Travel Ban for Good?

By Jenna Greene |

Here are two cardinal sins for an attorney: saying something publicly that hurts your client’s case. And bad lawyering. Rudy Giuliani appears to be guilty of both

Volkswagen cars parked at a Volkswagen car dealership in Knoxville, TN.

Court Says ‘Nein’ to Overseas Discovery Bid in VW Case

By Jenna Greene |

Nice try. But no. This week, a magistrate judge in San Francisco sided with VW and rejected five applications by plaintiffs in Europe for access to 20 million pages of documents produced by the automaker in the U.S. MDL.

(l-r) Shaimaa Hussein, Paul Hughes, and Andrew Pincus.

Litigators of the Week: Travel Ban First Responders, Take a Bow

By Robin McDonald |

Working in an atmosphere rife with uncertainty, misinformation and often devoid of communication by government officials, these lawyers surrendered sleep, prepared for every contingency and, in some cases, went with their gut to bring their clients safely to the United States.

David Boies.

White Knight David Boies Takes on and Sex Traffickers

By Jenna Greene |

Working pro bono, Boies Schiller Flexner and Legal Momentum filed suits in Arizona and Florida federal courts against Backpage and its owners for participating in the trafficking of children and young adults for sex. Why they may succeed where others have failed.

Ninth Circuit Court of Appeals.

Why It Matters That More than 137,000 Listened to Travel Ban Appeal

By Jenna Greene |

This is what can safeguard our democracy. People—as many as possible—recognizing there is no such thing as a “so-called” federal judge. That our courts are legitimate and fair.

What’s It Worth If Your TV Spies on You? About 17 Cents

By Jenna Greene |

Electronics maker Vizio surreptitiously captured second-by-second viewing data of customers who bought 11 million of its internet-connected televisions. But as a Vizio TV owner, the settlement with the Federal Trade Commission and New Jersey AG leaves much to be desired.

Idaho Fifth District Judge Randy Stoker

An Idaho Judge Sentenced This 19-Year-Old Man to What?

By Jenna Greene |

Sentences that fit the crime can be great—the polluter who has to pick up litter, the vandal who has to clean graffiti off the wall. But this?

Behind the $500M Curtain: How Skadden Handed Wilkinson Her First Trial Loss

By Jenna Greene |

After three days of deliberating, the federal jury in Dallas was back, ready to answer a $6 billion question: Did Facebook Inc. steal virtual reality technology for the Oculus Rift from Skadden's client, videogame maker ZeniMax Media Inc.?

Derek Cohen, left, and Grant Fondo, right, of Goodwin Procter.

Litigators of the Week: A Major Defense Win in Insider Trading Case

By Ross Todd |

In one of the first cases to go to trial since the Supreme Court lowered the bar for prosecutors in insider trading cases, this team from Goodwin Procter handed the feds a big defeat.

President Donald Trump’s Supreme Court Nominee Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit, addressing media during a meeting with Senator Chuck Grassley (R-IA), on February 1, 2017.

Senate Dems Should Pick Their Battles—And Blocking Gorsuch Isn’t One of Them

By Jenna Greene |

My mom used to tell me, “Two wrongs don’t make a right.” It’s a saying that some Democrats are apparently unfamiliar with. Because the fight over Neil Gorsuch is one that Dems aren't going to win--and Gorsuch is about as good as it's going to get.

New Year, New Job: Top Lateral Litigator Moves in January

By Jenna Greene |

Here’s a look at a dozen of the most noteworthy litigator moves in January.

Left to right, immigration lawyer Junaid Sulahry stands in the international arrivals hall of San Francisco International Airport with fellow attorney volunteers Julie Hiatt and Marianna, who declined to give her last name.

On the Bright Side, Lawyers Are Suddenly Popular

By Jenna Greene |

If there’s any silver lining to the first 11 days of the Trump administration, it’s this: lawyers are suddenly beloved—at least by the masses who oppose the president’s policies.

LeBron James, left, and Donald Trump, right.

For Trump’s Big SCOTUS Reveal, He Might Take Some Tips From LeBron James

By Jenna Greene |

It’s perfect, really. Our television ratings-obsessed, former reality star president is going to announce his Supreme Court pick live during primetime on Tuesday evening. He might look to NBA star LeBron James for pointers on how to announce "The Decision."

Beth Wilkinson, left, and P. Anthony Sammi, right.

Did Mark Zuckerberg Lie? Or is Facebook the Real Victim? It’s up to the Jury Now

By Jenna Greene |

It takes a certain finesse for a lawyer to plausibly argue that Facebook—a $350 billion company—got bullied by a videogame maker that almost no one has heard of. Just as it takes a certain audacity for videogame maker ZeniMax’s lawyer to imply Facebook CEO Mark Zuckerberg lied under oath.

Arent Fox partner Russell P. McRory

Litigator of the Week: An Exceptional Carve-Out in VW Litigation

By Amanda Bronstad |

Arent Fox partner Russell McRory got a big win when the U.S. Court of Appeals for the Second Circuit reinstated a case he brought against Volkswagen, but a bigger problem was about to wipe out his victory.

Shout-Out: Simpson Thacher’s Hat Trick

By Jenna Greene |

Litigators at Simpson Thacher & Bartlett kicked off the year with a trio of wins, confirming the dismissals of a securities class action and a whistleblower complaint and winning a jury verdict in a patent infringement case.

The Bad-Ass Honor Roll of Securities Litigation: These Plaintiffs Firms Will See You in Court

By Jenna Greene |

According to a new report, only .3 percent of securities class actions are tried to verdict. These are the firms that have gone the distance.

Wait, Did Dentons Really Screw Up Its Conflicts Check in Feud Between CNN and Price?

By Jenna Greene |

At first glance, it looks like an embarrassing screw-up. Two Dentons lawyers on Jan. 17 sent a letter to CNN on behalf of Rep. Tom Price—President Donald Trump’s nominee to be secretary of Health and Human Services—demanding that the cable news network retract an unflattering story. Except CNN is also a firm client.

President Donald Trump signs an executive order to withdraw the U.S. from the 12-nation Trans-Pacific Partnership trade pact agreed to under the Obama administration, Monday, Jan. 23, 2017, in the Oval Office of the White House in Washington.

Will Standing Kill Suit Against Trump?

By Jenna Greene |

Standing. It wrecks all the fun lawsuits--including, perhaps, one by Citizens for Responsibility and Ethics in Washington claiming that President Donald Trump is violating the Foreign Emoluments Clause.


The Real Killers on Capitol Hill? Former Law School Profs

By Jenna Greene |

Ex-prosecutors can be scary, but there’s no one like a former law professor to hold someone’s feet to the fire. Just ask Betsy DeVos.

Des Hogan of Hogan Lovells.

Shout-Out: Hogan Scores $24M Settlement for Black Secret Service Agents

By Jenna Greene |

A pro bono team from Hogan Lovells working with lawyers from Relman, Dane & Colfa won a $24 million settlement in a long-running racial discrimination class action on behalf of more than 100 current and former African-American Secret Service agents.

Nancy Hollander.

Litigator of the Week: The Lawyer Who Won Chelsea Manning Her Freedom

By Miriam Rozen |

When a man from the Office of the White House Counsel called Nancy Hollander to tell her President Barack Obama had decided to commute her client Chelsea Manning’s 35-year prison sentence, Hollander, a 38-year veteran criminal defense lawyer failed in one respect.

Crystal Ball Department: Law Firms Line Up to Offer 2017 Litigation Predictions

By Jenna Greene |

It’s January. That means it’s time for the first round of litigation trend forecasts from law firms and other industry players. What kinds of litigation do experts think will be hot?

All-Star Lawyers Duel in Dallas Over Who Owns the Oculus Rift

By Jenna Greene |

The best litigators tell stories. Two masters are at work this week spinning opposite tales in a Dallas federal courthouse in a huge intellectual property fight over virtual reality technology that could revolutionize the $90 billion video game industry.

‘Real Cars,’ the BFG and the Right Way to Read Emails--a Texas Judge Tackles Tech in Oculus IP Case

By Jenna Greene |

Dallas federal judge Ed Kinkeade is not what you’d call a big computer guy. Some of his exchanges with the attorneys in the Oculus trial are are laugh-out-loud funny, as he wrestles to understand the technology and keep the lawyers in line.

(l-r) Scott Musoff, Bradley Klein, and Peter Morrison, of Skadden, Arps, Slate, Meagher & Flom.

Shout Out: Skadden Scores Two Wins in Two Days for Two Asia-Based Issuers

By Jenna Greene |

Litigators from Skadden, Arps, Slate, Meagher & Flom scored two separate wins for two Asia-based issuers in two days, knocking out securities class actions in the Central District of California and the Southern District of New York.

Sarah Columbia, left, and William Gaede Ill, right, of McDermott Will & Emery.

Litigators of the Week: A Rare Feat in a Billion Dollar Drug Fight

By Tom McParland |

In a case with billions of dollars at stake, McDermott Will & Emery partners William G. Gaede III and Sarah C. Columbia won a rare post-trial ruling for Amgen Inc. that booted a rival’s drug from the market.

Senator Jeff Sessions (R-AL) appears before the Senate Judiciary Committee in Washington during his confirmation hearing to be the next U.S. Attorney General, on Tuesday, January 10, 2017.

Will the Real Jeff Sessions Please Stand Up?

By Jenna Greene |

You can judge a man by the quality of his friends, the old saying goes. But what about the quality of his enemies? Day Two of Senator Jeff Sessions’ confirmation hearing gave us the chance to do both.

Steptoe partner Brigida Benitez

Meet the Lawyer Who Just Deposed Donald Trump

By Jenna Greene |

There are apex depositions--and then there’s the president-elect of the United States. Steptoe & Johnson LLP partner Brigida Benitez deposed Donald Trump last week in connection with his lawsuit against chef José Andrés. In a way, it was perfect that the lawyer holding Trump’s feet to the fire is a Latina woman--the daughter of immigrants and the first member of her family to go to college.

A Case Study in How to Spin a Lawsuit: Jellyfish Memory Supplement Maker v. the FTC

By Jenna Greene |

Post-truth. It’s not just for politics anymore. Consider how Quincy Bioscience countered a suit filed against it on Monday by the Federal Trade Commission and New York Attorney General Eric Schneiderman.

David Boies and Carl E. Goldfarb, w/ Boies Schiller & Flexner, FTL

Litigators of the Week: Stamina Pays for David Boies and Carl Goldfarb in 14-year fight

By Celia Ampel |

After 14 years and two trips to the U.S. Supreme Court, Boies, Schiler & Flexner partners David Boies and Carl Goldfarb secured a $100 million settlement from Halliburton.

Plaintiffs Firms Reel In Big Tuna With Price-Fixing Claims

By Jenna Greene |

Sorry Charlie. A San Diego federal judge allowed a massive MDL alleging that StarKist, Bumble Bee and Chicken of the Sea conspired to fix the price of canned tuna to move forward.

Philip Sechler of Robbins Russell.

Want to be a Full-Time Law Prof? Here’s One Big Law Litigator’s Experience

By Jenna Greene |

You’re swamped with deadlines, you’re constantly traveling, you’re dealing with obnoxious opposing counsel or a cranky judge. Wouldn’t it be great to be a law professor instead, pondering the majesty of the law and enlightening eager students? Here’s the story of one big-time litigator who made the move--and then came back.

Will X. Walters.

A ‘Soul Crushing’ Client Suicide in Gay Civil Rights Case

By Jenna Greene |

It’s easy to forget how intensely personal and stressful litigation can be--until the consequences of a loss become overwhelming. Now, a San Diego lawyer is grappling with the suicide of his client after losing a high-profile gay civil rights case in December.

2016 in Review: Litigators of the Week, Take a Bow

By Jenna Greene |

A look back at the Litigator of the Week winners in 2016, including the firms and lawyers that racked up the most honors.


2016 in Review: Most Ridiculous Lawsuits

By Jenna Greene |

Consumer protection lawsuits, while sometimes heroic, can also be uniquely dumb. Which is why suits targeting Starbucks, Krispy Kreme and Advil top my list of the year’s most ridiculous lawsuits. A close second: negligence suits where people try to blame anyone but themselves for terrible events.

2016 in Review: Game-Changing Lateral Moves

By Jenna Greene |

Not all lateral moves are created equal. A select few reshape the competitive landscape, changing who clients hire and why. Here’s a look back at some of them in 2016.

Donald Trump.

2016 in Review: Biggest Dud of a Lawsuit

By Jenna Greene |

In the end, it was the case that wasn’t. Jane Doe/ “Katie Johnson” accused Donald Trump of raping her when she was 13. The allegations were brutal, explosive--and unsubstantiated.

Stephanie Parker of Jones Day.

Litigator of the Week: The Biggest Patent Verdict in U.S. History--By a Lawyer Who Never Tried an IP Case Before

By Gina Passarella |

Don't hate her -- but Jones Day partner Stephanie Parker had never tried an IP case before she convinced a jury to award her client, a Merck subsidiary, $2.54 billion in a patent infringement suit against Gilead Sciences.

Serena Nunn, left, and Sam Sheldon, right.

This Public Defender Spent a Decade in Prison. Now She’s Been Pardoned With Help from Quinn Emanuel

By Jenna Greene |

Serena Nunn went from federal prison inmate to the University of Michigan Law School to Georgia public defender. The final chapter in her extraordinary journey: a pardon from President Obama--with help from Quinn Emanuel partner Sam Sheldon.

Secrets from the Other Side of the ‘V’--Plaintiffs Firms Open Up

By Jenna Greene |

Top plaintiffs lawyers share how they see themselves, how their work has changed and their biggest concerns for the future.

Robert Van Nest.

Litigator of the Week: Robert Van Nest Cements Himself as Silicon Valley’s Copyright Defense Lawyer

By Ross Todd |

Facing a $335 million damages demand from networking giant Cisco Systems Inc., Robert Van Nest and his team at Keker & Van Nest mounted a multi-pronged defense for Arista Networks Inc.

Trump Hotel Washington DC

Feds Must Stand Up to Trump on Hotel Lease Before It’s Too Late

By Jenna Greene |

You don’t have to be an ethics expert to see that the Trump International Hotel’s lease with the federal government presents a conflict of interest for the president-elect. The question is, what is the General Services Administration going to do about it?

Sydney Holland, left, and Sumner Redstone, right, attend The Hollywood Reporter Nominees Night presented by Cadillac, Bing, Delta, Pandora jewelry, Qua, and Zenith, at Spago on Monday, Feb. 10, 2014, in Beverly Hills, Calif.

Kirkland Litigators Take on Sumner Redstone in Ugly Fight Over Gifts to Ex-Lover

By Jenna Greene |

A pair of top litigators from Kirkland & Ellis struck back on behalf of the ex-girlfriend of media mogul Sumner Redstone in a court filing that veers from romantic to lewd to vaguely threatening. It’s a quite a read--and a reminder that while corporate litigation can be fierce, it’s nothing compared to the blood sport that is family law.

Paltry Justice in Food Poisoning Case as ConAgra Gets Off for Peanuts

By Jenna Greene |

Two companies. Two outbreaks of salmonella-tainted peanut butter. And two very different outcomes.

Winston & Strawn's Washington, D.C. offices on K Street.

How a Problem Client Stuck Two Am Law 100 Firms With His Unpaid Bills

By Jenna Greene |

Hold on. You can’t even get a smartphone without a credit check. How did two of the biggest, most sophisticated law firms in the nation do $800,000 worth of work without ensuring that they were actually going to get paid? Blame “a very convincing fraudster,” said Thomas Buchanan, the managing partner and head of litigation for Winston & Strawn’s D.C. office.

Robert Atkins.

Litigator of the Week: Flipping a Monster Verdict at the Fifth Circuit

By Scott Graham |

For almost 10 years, Paul, Weiss, Rifkind, Wharton & Garrison partner Bob Atkins has represented medical supply company BD in an antitrust suit over syringes. The case blew up in 2013 into a $340 million jury verdict. But Atkins' strategy from day one was to build a record for the U.S. Court of Appeals for the Fifth Circuit. It paid off.

U.S. Department of Justice building in Washington, D.C.

DOJ Under Trump: Radical Change or More of the Same?

By Jenna Greene |

Time for a favorite post-election parlor game: What might we expect from the Trump administration’s Justice Department? In recent off-the-record conversations, former DOJ lawyers shared some insights. Their takeaway: the changes may not be so drastic after all

Kasowitz Wins One for Marine Who Tried to Save His Comrades in Afghanistan

By Jenna Greene |

In a year where emails and mishandling of classified information have loomed so large, this case stands as an example of misapplied justice.

What These Winning Litigators Know That You Might Not

By Jenna Greene |

When 23 of the top litigators in the country offer advice on how to succeed in court, it’s worth listening.

Left to right: James Fogelman and Jay Srinivasan

How Gibson Dunn Proved a Key Document Was Fake--And Won Big

By Jenna Greene |

Forgery. Perjury. Willful destruction of evidence. Litigators might sometimes suspect the other side of such shenanigans, but rarely do you get an unequivocal win as a result. On Friday, a team from Gibson, Dunn & Crutcher pulled it off, arguing successfully that a key plaintiffs’ document in a $12 billion fight was fake.

Leaping Litigators: November’s Biggest Lateral Moves

By Jenna Greene |

November is a great month for eating turkey and hunkering down until the end of the year. Still, there were a handful big lateral litigator moves. Here are some of the most notable, at firms including Perkins Coie, WilmerHale and Sheppard Mullin.

Geoffrey Potter of Patterson Belknap.

Litigator of the Week: Nabbing the Counterfeiters for 5-Hour Energy

By Ross Todd |

Geoffrey Potter and his team in the anti-counterfeiting practice at Patterson Belknap Webb & Tyler helped Living Essentials go after a criminal ring producing fake bottles of the popular 5-Hour Energy drink.

(l-r) Donald Trump, Jill Stein, and Hillary Clinton.

Why the Recounts Aren’t Pointless--Even if Trump Still Wins

By Jenna Greene |

The recounts in Wisconsin, Pennsylvania and Michigan won’t change the election results--we all know that, right? But they need to happen anyway.

Daniel Petrocelli, O'Melveny & Myers

Litigator of Week: The Lawyer Behind the Trump U Settlement

By Amanda Bronstad |

Daniel Petrocelli convinced President-elect Donald Trump to settle the Trump University litigation despite his client’s insistence on going to trial on Nov. 28. And he did it while settling another high profile case that same week on behalf of Sirius XM Radio Inc.

Jaromir Chalabala/Shutterstock

How a Class Action Against Purina Went to the Dogs

By Jenna Greene |

I’d like to think that the food that I buy for my two dogs won’t actually kill them. A decision by a San Francisco federal judge to toss a would-be class action against Purina is reassuring--but leaves some questions unanswered.

Sturgis Sobin, Derek Ludwin and James O'Connell, partners at Covington & Burling

Litigators of the Week: Covington Team Beats Back Rare Breed Of Antitrust Case At ITC

By Ben Hancock |

When the U.S. International Trade Commission waded into a legal issue it hadn’t touched in almost 40 years--how to handle allegations of price-fixing--a Covington & Burling team rose to the challenge.

Get Ready for War: Hausfeld Sues 9 Companies Over Radioactive Contamination

By Jenna Greene |

Hausfeld on Wednesday launched what is likely to be a massive fight, suing nine companies including energy giant Exelon Corp. over radioactive contamination stemming from the Manhattan Project.

Krispy Kreme donuts.

There Goes My Plan to Live on Nothing but Doughnuts

By Jenna Greene |

News flash: doughnuts are not a health food. Which is why it’s hard to sympathize with Jason Saidian, who filed a $5 million class action lawsuit against Krispy Kreme Doughnuts in Los Angeles federal court last week.

Stephen Bannon.

Putting Stephen Bannon’s First Amendment Beliefs (or Lack Thereof) to the Test

By Jenna Greene |

Might Stephen Bannon be a moderating influence on the president-elect in favor of First Amendment protection? After all, Breitbart has talked the talk when sued for libel. But the publication's threat on Tuesday to sue a major media company for labeling it “white nationalist” is not an encouraging sign.

Mike Pence.

Pence and His Big Law Counsel Wage Their Own Email Secrecy Fight

By Jenna Greene |

Sorry Mike Pence--turnabout is fair play. You can’t spend weeks demanding that Hillary Clinton bare all of her emails and then think it’s A-OK to claim your communications as governor of Indiana should be shielded from disclosure.

Jury Room.

Take Our Trump University Juror Quiz

By Jenna Greene |

The Trump University fraud case is headed to trial on Nov. 28 --but how to pick a jury? We've got some ideas for what to ask prospective jurors.

Matt Taylor of Duane Morris.

Litigator of the Week: Letting the Experts Do the Work

By Max Mitchell |

Duane Morris attorney Matthew A. Taylor doesn’t believe that lawyers win cases. For him, it all comes down to the experts. That’s why, when faced with defending a medical device maker in a notoriously plaintiff-friendly venue, he wasn't worried.

In Trump Administration, Plaintiffs Lawyers to the Rescue?

By Jenna Greene |

With Republicans in control of the White House and Congress and poised to pick the tie-breaking ninth Supreme Court justice, the plaintiffs bar is now one of the few checks on government power. Scary, I know.

FBI Director James Comey.

Job One for Obama on Nov. 9: Fire Comey

By Jenna Greene |

Now that the election is over, President Obama should do us all a favor and fire FBI Director James Comey. Not just because Comey recklessly disclosed the renewed investigation into Hillary Clinton’s emails. He has to go because he can no longer effectively lead the bureau and law enforcement community.

Hillary Clinton, left, and Donald Trump, right.

Behind Clinton and Trump, an Army of Lawyers on High Alert

By Jenna Greene |

If post-election litigation erupts, both sides have lawyers at the ready in key battleground states.

Hamish Hume of Boies Schiller

Litigator of the Week: An Unexpected Win for Peter Thiel’s Palantir Could Change How the Feds Do Business

By Ben Hancock |

Boies, Schiller & Flexner partner Hamish Hume built a case around an untested 1994 law requiring government agencies to consider commercial products first to bring home a win for Palantir.

Donald Trump.

The Day the Trump Child Rape Case Almost Got Real

By Jenna Greene |

For a second there, it seemed liked the Trump child rape suit was going to get real. Nationally known plaintiffs attorney Lisa Bloom sent out a press release Wednesday morning announcing that the anonymous woman who accused Donald Trump of raping her when she was 13 was going to go public. It didn't happen.

October's Biggest Lateral Litigator Moves

By Jenna Greene |

Here are The Lit Daily's top picks for the biggest lateral litigator moves this month.

FBI Director James Comey.

When Good Lawyers Do Bad Things, James Comey Edition

By Jenna Greene |

If James Comey just handed Donald Trump the presidency over what turns out to be a bunch of ads from Pottery Barn and Linked In requests, I’m going to take to the bathtub with a bottle of gin for the next four years.

Simpson Thacher.

A Glimpse Behind the Curtain of Simpson Thacher in Clinton Foundation WikiLeaks Dump

By Jenna Greene |

Simpson Thacher & Bartlett is a guest star in the trove of Wikileaks emails involving the Clinton Foundation--a rare, unfiltered look at attorney-client correspondence that includes billing details, nitpicky rewrites and attempts to manage perception. But the biggest takeaway is that the firm identified potential pay-to-play conflict of interest issues--real or perceived--that have become a significant campaign liability for Hillary Clinton.

Elizabeth Cabraser, left, and Robert Giuffra, right.

Litigators of the Week: One for the History Books

By Jenna Greene |

It’s a truism that litigation is a zero sum game--there’s a winner and a loser. But not this week. For the first time that we can remember, the Litigation Daily is naming opposing counsel as our co-litigators of the week, a historic honor that goes to Robert Giuffra Jr. of Sullivan & Cromwell and Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein.

Andrew Bart of Jenner & Block.

Shout-Out: Jenner & Block Hits a High Note in Appellate Copyright Win

By Jenna Greene |

A team from Jenner & Block delivered an appellate win worth millions to its record label clients in a long-running copyright infringement suit against a pair of online music websites.

Drug Enforcement Administration Special Agent Michael Weston, right, and Cynthia Tidler, left, on their wedding day.  Mr. Weston was killed in Afghanistan on Oct. 26, 2009.

Remembering the Heartbreaking Loss of Two Best Friends at Harvard Law

By Jenna Greene |

Seven years ago today, Michael Weston died in a helicopter crash in Afghanistan. A 37-year-old Harvard Law graduate, he had joined the Drug Enforcement Administration as a special agent. Five months before, he’d married a fellow member of the Harvard Law class of 1997, Cynthia Tidler. Whose first husband, Weston's best friend, was also from the class of '97 - and who also died in Afghanistan.

FILE - In this Nov. 19, 2015 file photo, former Subway pitchman Jared Fogle arrives at the federal courthouse in Indianapolis. Prosecutors have replied to former Subway pitchman Jared Fogle's appeal of his more than 15-year sentence with a court filing Monday, April 18, 2016, that includes text messages illustrating his efforts to find teenagers for sex. The texts were part of Fogle's November's sentencing hearing. He had pleaded guilty to distributing and receiving child pornography and traveling out of state to engage in illicit sexual conduct with a minor. (AP Photo/Michael Conroy, File)

Why Jared Fogle’s Ex-Wife's Suit Against Subway Is Hard to Swallow

By Jenna Greene |

Here’s a rule of thumb: if you’re going to marry someone, do your own due diligence about his or her sexual preferences. Don’t expect a heads-up from their employer.

Donald Trump and Gloria Allred

Nasty Women, Legal Edition

By Jenna Greene |

If Donald Trump follows through with his threat on Saturday to sue all 11 women who have accused him of groping, he’ll find opposing counsel spoiling for a fight. All I can say is, pass the popcorn.

The Right Way to Hold Judges Accountable (Hint: It’s Not an Online Petition)

By Jenna Greene |

It’s hard to defend any judge who thinks 60 days in jail is an appropriate punishment for a father who raped his 12-year-old daughter. Still, there’s something ominous about what seems to be a new pattern: a judge issues a lenient but legal sentence, and the mob descends.

Albert Deaver, principal at Sutton McAughan Deaver.

Litigator of the Week: The Texas Lawyer Who Sued His Law School

By Brenda Sapino Jeffreys |

Albert Deaver earned his J.D. from South Texas College of Law in Houston--but that hasn’t stopped him from leading the charge in a trademark suit against his alma mater when it sought to rebrand itself the Houston College of Law.

Latham & Watkins.

Latham Ducks Disqualification in Nasty Insurance Fight

By Jenna Greene |

Latham & Watkins on Tuesday dodged a motion to disqualify in a nasty spat in the Eastern District of Missouri. Although Senior U.S. District Judge E. Richard Webber squarely sided with Latham, he admonished both sides to behave themselves.

This Lawsuit Gives Me a Headache

By Jenna Greene |

They say there are no stupid questions. But that’s definitely not true when it comes to lawsuits. On Tuesday, a federal judge in New York dismissed one of the dumber ones of late, booting a would-be class action against Advil maker Pfizer Inc.


If Trump Wins, What Happens to the EEOC’s New Vow to Defend Muslims and Immigrants?

By Jenna Greene |

It's hard to imagine a federal agency that would be less in sync with the priorities of a Trump administration than the U.S. Equal Employment Opportunity Commission.

Sullivan & Cromwell partner Sharon Nelles.

Sullivan & Cromwell’s Sharon Nelles on VW, Opposing Counsel and Taking Work-Life Balance ‘One Day at a Time'

By Jenna Greene |

Sullivan & Cromwell star litigator Sharon Nelles spoke with the Lit Daily about her work on the $14.7 billion VW settlement, the key to effective negotiation and how she’s managed her work/ life balance at Sullivan & Cromwell, where she's a member of the executive committee.

Bill Lee of Wilmer Cutler Pickering Hale and Dorr.

Litigator of the Week: Apple's Wild Ride

By Scott Graham |

The latest Apple v. Samsung appeal reminds William Lee of a Disneyland adventure. "This had more twists and turns than Mr. Toad's Wild Ride,” the Wilmer Cutler Pickering Hale and Dorr partner says.

CFPB director Richard Cordray testifies before the Senate Banking Committee, addressing the scandal relating to Wells Fargo's opening of fake bank accounts without customer knowledge, on Tuesday, September 20, 2016. Photo: Diego M. Radzinschi/ALM

Yes, the CFPB is Unconstitutional--But Its DC Circuit ‘Loss’ is Actually a Win

By Jenna Greene |

In some ways, the U.S. Court of Appeals for the D.C. Circuit handed the Consumer Financial Protection Bureau a win on Tuesday when it found the agency’s structure was unconstitutional. Look past the red meat rhetoric about 'massive unchecked power' and focus on the remedy.

Comedian Bill Cosby(2nd-L) speaks with his attorney Angela Agrusa as they arrive at the Montgomery County Courthouse for a pretrial conference related to aggravated indecent assault charges on September 6, 2016, in Norristown, Pennsylvania..Cosby is expected to face trial on charges stemming from an encounter with Andrea Constand in 2004. / AFP / DOMINICK REUTER        (Photo credit should read DOMINICK REUTER/AFP/Getty Images)

Meet the L.A. Lawyer Who Just Might Save Bill Cosby From Criminal Conviction

By Jenna Greene |

“I view myself as a lawyer who happens to be a woman,” said Angela Agrusa, the head of litigation at Liner LLP in Los Angeles, who recently stepped in as lead counsel for Bill Cosby in both his civil and criminal cases. “What I really believe in is our justice system.”

Brad Caldwell, Jason D. Cassady and J. Austin Curry of Caldwell Cassady & Curry

Litigators of the Week: A $302M Hat Trick for This Texas Trio

By Miriam Rozen |

Three must be the right number for Caldwell, Cassady and Curry. The trio just won a third time for VirnetX against Apple, securing a $302 million jury verdict in the Eastern District of Texas.

Hamster Wars: Hasbro, Fox News Anchor Harris Faulkner Settle Spat Over Toy Name

By Jenna Greene |

Harris Faulkner is a perfectly fine name for a Fox News anchor--but it's a terrible choice for a hamster toy. Hasbro Inc. found out the hard way.

Leaping Laterals: Firms Grab Obama Administration Litigators; Appellate and International Aces

By Jenna Greene |

September saw more than its share of big-time lateral moves. Here are the top 10.

Evan Chesler.

Litigator of the Week: A Stunning Reversal by the Second Circuit? Priceless.

By Mark Hamblett |

Cravath, Swaine & Moore Chairman Evan Chesler won vindication for American Express before the U.S. Court of Appeals for the Second Circuit--and handed the U.S. Department of Justice a major loss.

Firefighters work beneath the destroyed mullions, the vertical struts which once faced the soaring outer walls of the World Trade Center towers, after a terrorist attack on the twin towers in New York, on Sept. 11, 2001.

Why the 9/11 Victims Law is a Terrible Idea

By Jenna Greene |

You’ve got to wonder how many members of Congress who voted on Wednesday to override President Obama’s veto of a bill allowing the families of 9/11 victims to sue Saudi Arabia actually think it’s a good idea. Because it's not.

U.S. Supreme Court building

SCOTUS Preview: Four Cases You Should Know About

By Jenna Greene |

The new Supreme Court term is just around the corner, kicking off on October 4. In anticipation, four experts on Tuesday offered insights on cases to watch as well as the court’s composition and future.

VW to Foreign Plaintiffs: Quit Fishing and Do Your Own Discovery

By Jenna Greene |

On behalf of the secretaries and administrative assistants and file clerks of the world: discovery sucks. Which is why when foreign plaintiffs requested copies of all the documents--20 million pages--that Volkswagen has produced as part of multi-district litigation in San Francisco federal court, my initial reaction was 'Sure, hand ‘em over.' Except it's not that simple

Wait, How Is Dentons a More ‘Fearsome’ Litigation Opponent Than Quinn Emanuel?

By Jenna Greene |

For three years in a row, the same quartet of firms topped BTI Consulting Group’s 'Fearsome Foursome' list of most-feared opponents in court. Until now, when Dentons displaced Quinn Emanuel at the top. Except....why?

Milbank's Scott A. Edelman and Atara Miller

Litigators of the Week: The Team Who Made the Feds Sing

By Charles Toutant |

Two lawyers from Milbank, Tweed, Hadley & McCloy won a ruling striking down a Department of Justice directive on music licensing that could have thrown the recording industry in turmoil.