Top Stories

Latham Pulls off Triple Play for Volvo, Mallinckrodt

By Lisa Shuchman |

Latham IP litigators scored back-to-back appellate wins for Mallinckrodt Pharmaceuticals and wrangled $1 million in attorney fees for Volvo.

Wilmer Woos Jury in $240 Million Ford Patent Trial

By Scott Flaherty |

Ford Motor Co. didn't only beat a quarter-billion dollar patent infringement lawsuit this week. The automaker's lawyers at Wilmer Cutler Pickering Hale and Dorr turned the tables on their opponents, persuading a federal jury that Ford's accuser swiped the company's trade secrets.

Not Dead Yet: Banks Still Face Aluminum Price-Fixing Case

By Scott Flaherty |

To paraphrase Mark Twain, reports on the death of a multibillion-dollar class action against Goldman Sachs and JPMorgan were somewhat exaggerated.

Georgia-Pacific, Int'l Paper Can't Crush Box-Buyers' Class Action

By Scott Flaherty |

Five years into litigation over an alleged price-fixing scheme by the biggest players in the paper and packaging industry, plaintiffs lawyers gained ground on Thursday when a Chicago federal judge allowed the case to move forward as a class action.

Litigators of the Week: Rachel Krevans and Grant Esposito of Morrison & Foerster

By Scott Flaherty |

It may take years before the law on "biosimilar" drugs is settled. But for now, MoFo's Krevans and Esposito have set the standard.

Kilpatrick Must Face Fraud Claims Over IP Secrets

By Scott Flaherty |

Kilpatrick Townsend & Stockton lost a bid to escape claims that it helped a client dupe another company into turning over confidential information.

$20 Billion Later, Banks Finally Win Ruling on Time Limits

By Scott Flaherty |

Big banks have failed to convince courts around the country that various government agencies waited too long to sue over Wall Street's role in the 2008 financial crisis. This week, a judge finally adopted the banks' reasoning in a case brought by the Federal Deposit Insurance Corporation.

Judge Blasts Lawyers for Overkill in UPS Case

By David Bario |

After lawyers at Reed Smith and other firms buried him in "behemoth pleadings" in a case involving UPS, a judge in Manhattan finally got fed up.

As Settlement Pie Shrinks, Firms Fight for Their Slice

By Scott Flaherty |

After a lackluster year for securities class action settlements, fee awards in deals involving IndyMac and AIG highlight the uncertainties facing plaintiffs firms in even the biggest cases.

Objectors Pour Cold Water on 'Hot Fuel' Settlements

By Scott Flaherty |

Oil companies have agreed to shell out millions to settle claims that they failed to disclose the impact of hot weather on the price of fuel. But when a judge considers a slew of proposed settlements later this year, at least two groups will be sounding alarm bells.

SCOTUS

Context Is King in Supreme Court's Omnicare Ruling

By David Bario |

The justices held that Omnicare can't be held liable under Section 11 of the Securities Act of 1933 just because it offered opinions in a regulatory filing that turned out to be false. But they also said couching a statement as an opinion is no magic bullet for securities defendants.

Intellectual Ventures founder Nathan Myhrvold.

Antitrust Headaches Mount for Intellectual Ventures

By Scott Flaherty |

Less than a month after losing a bid to derail antitrust allegations by Capital One, Intellectual Ventures failed to persuade a different judge to shelve Toshiba's claims that IV improperly uses its vast patent portfolio to wield monopoly power.

Another Consumer Class Action Battle Heads to Supreme Court

By Scott Flaherty |

Four years after holding that federal law trumps California's ability to block class action waivers, the U.S. Supreme Court plunged back into the consumer arbitration debate on Monday in a case involving the satellite television provider DirecTV Inc.

Ohio Attorney General Mike DeWine.

Lawyers Eye Fees in BNY Mellon Deal as Ohio Mulls Reforms

By Susan Beck |

Lieff Cabraser and another outside law firm stand to earn $43 million from Ohio's portion of a $714 million settlement with The Bank of New York Mellon. But even though Ohio's attorney general signed off on the contingency deal, he's backing a bill that would have made it impossible.

With Ceglia Missing, Lawyers Fight to Salvage Facebook Case

By David Bario |

The thriller-worthy case of Paul Ceglia took a bizarre turn when Ceglia, facing criminal charges for allegedly defrauding Facebook, vanished with his family. But if you believe Ceglia's lawyers, that's no reason to close the case that landed Ceglia in trouble in the first place.

Skadden Partner Turned Bank Foe Can't Challenge JPMorgan Deal

By Scott Flaherty |

Dennis Kelleher, the former Skadden partner-turned Wall Street watchdog, hit a litigation dead end this week in his crusade for financial reform.

Michèle Corash

Litigator of the Week: Michele Corash of Morrison & Foerster

By Scott Flaherty |

Facing litigation over California's toxic chemical law, Prop 65? Better call Corash.

Bancroft's Clement Loses Fight Over Seattle Wage Law

By Scott Flaherty |

Despite the efforts of former U.S. Solicitor General Paul Clement, the International Franchise Association fell short this week in its bid to scuttle part of Seattle's landmark $15-per-hour minimum wage law.

Irving Picard

Picard Taps SCOTUS Pro for Swipe at Madoff 'Net Winners'

By Scott Flaherty |

Irving Picard has hit a wall in his efforts to claw back nearly $2 billion in "fictitious" profits pocketed by Bernie Madoff's customers. Can Goldstein & Russell's Thomas Goldstein succeed where Picard's partners at Baker & Hostetler have failed?

Covington Cites 'Alice,' Babe Ruth to Crush Pricing Patent

By David Bario |

In a quartet of lawsuits filed last year, plaintiff Priceplay.com accused AOL, Facebook, Google and LinkedIn of infringing two patents related to online price auctions. But after a victory this week for AOL's lawyers at Covington & Burling, it looks like all four suits could soon be history.

Novartis Headquarters in Basel, Switzerland.

Sanford Heisler Hits Novartis With New Sex Bias Lawsuit

By Scott Flaherty |

Novartis AG is turning into a serial litigation target for plaintiffs lawyers at Sanford Heisler Kimpel, a firm that's already secured more than $270 million in settlements related to the pharmaceutical company's employment practices.

HBO Girds for Trial Over Documentary (No, Not That One)

By Scott Flaherty |

HBO's film about accused killer Robert Durst may be dominating the headlines, but it's a mostly forgotten HBO segment on Indian child labor that's scheduled to put the broadcaster and its lawyers at Williams & Connolly in front of a Manhattan federal jury next month.

Wachtell Knocks Out Shareholder Suit Over Avon Bribes Probe

By Scott Flaherty |

The firm helped shield Avon Products Inc. from more fallout over allegations that the cosmetics company bribed officials in a half-dozen foreign countries, convincing a judge in Manhattan to toss shareholder derivative claims related to the long-simmering bribery flap.

The Global Lawyer: A Viewer's Guide to the Final(?) Season of Chevron in Ecuador

By Michael D. Goldhaber |

Both final episodes of the world's wackiest legal dramedy open April 20. Will Donziger jump the shark?

U.S. District Judge Thomas Griesa

BlackBerry Dodges Another Securities Class Action Bullet

By Scott Flaherty |

BlackBerry Ltd. may still be grasping at the heels of its smartphone competitors, but the company's lawyers aren't having much trouble beating back investor class actions over its spotty performance.

UBS Is Latest to Settle Foreign Exchange Rigging Suit

By Scott Flaherty |

Lawyers at Hausfeld LLP and Scott & Scott announced the $135 million settlement on Friday. Ten other major banks remain in the plaintiffs' sights for allegedly manipulating the $5 trillion-a-day forex market.

GlaxoSmithKline headquaters.

Abbott Says GSK Sabotaged Its Own $1.7B Suit Over HIV Drug

By Scott Flaherty |

Now that GlaxoSmithKline has abandoned an antitrust claim at the heart of its licensing battle with Abbott Labs over the drug Norvir, Abbott's lawyers at Kirkland & Ellis are looking to put the rest of the case to bed before a scheduled trial.

Litigator of the Week: Richard Busch of King & Ballow

By Scott Flaherty |

Plenty of people weren't happy with this week's $7.4 million copyright infringement verdict over Robin Thicke and Pharrell Williams' "Blurred Lines." Busch, who represents the heirs of Marvin Gaye who won the award, says the critics just don't get it.

FHFA, Nomura Head to Trial Over Fannie and Freddie Losses

By Julie Triedman |

After four years of courtroom wrangling and more than $20 billion in settlements, the first trial is set to begin Monday in the Federal Housing Finance Agency's litigation campaign against banks that packaged and sold mortgage-backed securities.

Does the Math Add Up in $7.2M Viacom Intern Settlement?

By David Bario |

The settlement looks at first glance like the largest since unpaid interns began suing their former companies for back wages roughly three years ago. Then we read the fine print.

U.S. Securities and Exchange Commission building in Washington, D.C.

SEC Wins Appeal in Fight with Pre-Dodd-Frank Whistleblower

By Scott Flaherty |

The Second Circuit on Wednesday lowered the chances that "zombie" whistleblowers who offered their tips to the SEC before Dodd-Frank will ever see a reward.

Magistrate Judge Rejects Goldman Sachs Sex Bias Class Action

By Scott Flaherty |

After almost five years of intense and closely-watched litigation, defense lawyers at Sullivan & Cromwell and Paul Hastings may finally be close to knocking out a proposed gender discrimination class action against Goldman Sachs & Co.

Mark Zuckerberg

Facebook Cites Ceglia Vanishing Act in Lawsuit Against DLA, Milberg

By David Bario |

Facebook may hope that Paul Ceglia's sudden disappearance will support the notion that he's always been a con artist, and that DLA Piper and Milberg must have known that when they backed his ownership claims against the social networking giant.

Ronald Perelman

Quinn Knocks Out $135M Ron Perelman Suit in Milken Feud

By Scott Flaherty |

A Delaware judge threw out fraud allegations that Perelman's Harland Clarke Holdings had leveled against Michael Milken and GroupOn executive Raman Srinivasan.

PNC Vows to Appeal $391M Verdict in Insurance Scam Case

By Scott Flaherty |

PNC Bank said it would appeal Monday's verdict after defense lawyers at Williams & Connolly failed to dislodge claims stemming from an alleged fraud scheme involving prepaid funeral services.

Costco.

Antitrust Suits Pile Up as Firms Eye Contact Lens- Makers

By Scott Flaherty |

With 40 million customers and $4 billion in annual sales, Johnson & Johnson and other major contact lens manufacturers are looking to some like a class action litigation bonanza.

Proskauer Scores in Fight Over Alleged Keith Haring Fakes

By Lisa Shuchman |

A judge in Manhattan tossed claims that the Keith Haring Foundation destroyed the value of more than 100 purported Haring works by publicly calling them fakes.

High Court Rejects Tamiflu Double-Patenting Appeal

By Scott Flaherty |

With 80 appearances under his belt, Sidley Austin's Carter Phillips claims to hold the title for most U.S. Supreme Court arguments by a private lawyer. But he won't have a chance to argue for Gilead Sciences in a patent fight with Indian drug maker Natco Pharma.

Judge Casts Skeptical Eye on Intellectual Ventures Verdict

By Lisa Shuchman |

Lawyers at Susman Godfrey initially sought $300 million over claims that Symantec infringed two IV patents. Now the judge says he may slash their $17 million verdict even further—or toss it altogether if Symantec's lawyers at Latham & Watkins can show that the patents shouldn't have been issued in the first place.

Romney Campaign Beats RICO Suit Tied to Ex-Illinois Official

By Scott Flaherty |

Mitt Romney's 2012 presidential campaign may have ended in defeat, but the campaign's lawyers at Jones Day succeeded in fending off a former Illinois state employee's attempts to tie Romney for President Inc. to alleged racketeering.

Kathy Patrick of Gibbs & Bruns.

NY Appellate Court Approves $8.5B BofA Deal

By Scott Flaherty |
Leo Beus of Beus Gilbert

Litigators of the Week: Leo Beus and Scot Stirling of Beus Gilbert

By Scott Flaherty |

With just 30 lawyers and no website, Beus Gilbert keeps punching above its weight.

D.C. Judges Line Up Against PLO Terror Plaintiffs

By Julie Triedman |

Less than two weeks after a New York jury socked the Palestinian Authority and the PLO with a $655.5 million verdict for supporting deadly terrorist attacks in Israel, a second judge in Washington, D.C., has thrown out parallel Anti-Terrorism Act claims on jurisdictional grounds.

Goldman, JPMorgan Beat Aluminum Price-Fixing Case

By Scott Flaherty |

Lawyers for Goldman Sachs, JPMorgan Chase, the London Metal Exchange and other defendants drove another stake through claims that the companies conspired to stockpile aluminum in warehouses and drive up prices.

NCUA Win in Barclays Case May Hurt Credit Suisse, Other Banks

By Scott Flaherty |

Handing a win to Kellogg Huber's David Frederick, the Tenth Circuit reinstated the National Credit Union Administration's lawsuit against Barclays PLC over allegedly shoddy mortgage-backed securities.

PwC, Citco Must Face Madoff Feeder Fund Class Action

By David Bario |

Thought major investor class action litigation sparked by the Bernie Madoff affair was over? Think again.

U.S. Patent & Trademark Office.

Winston & Strawn Scores for ISE in E-Trading Patent Row

By Scott Flaherty |

The U.S. Patent and Trademark Office dealt a blow this week to the Chicago Board Options Exchange, invalidating three patents that the CBOE had asserted in an infringement lawsuit against International Securities Exchange.

J&J Cements Bellwether Win in Pelvic Mesh Cases

By Susan Beck |

Over the past three years, Johnson & Johnson has spent more than $3.4 billion litigating cases involving its medical devices. At least some of that investment continues to pay off, as earlier this week the company again defeated an early test case involving one of its most embattled products.

Intellectual Ventures Must Face Antitrust Claims in Banking Patent Fight

By Scott Flaherty |

Fanning the flames of a patent dispute between patent licensing giant Intellectual Ventures and Capital One, a judge ruled that the bank's lawyers can pursue claims that IV abused its patent portfolio to "hold up" the banking sector.

Justices Won't Put Brakes on 'Largest Class Action Ever'

By Scott Flaherty |

Declining to review a price-fixing case that defense lawyers have dubbed the "largest class action ever certified," the Supreme Court on Monday deprived Gibson Dunn's Ted Boutrous of a chance to slay another giant class suit, as he did inWal-Mart v. Dukes.

Cohen Milstein Beats Claims It Usurped 'Police Power' in Painkillers Case

By Scott Flaherty |

Facing accusations by the city of Chicago that they hid the truth about addictive painkillers, a quintet of drug companies took aim at the city's decision to hire a private law firm, Cohen, Milstein Sellers & Toll, to prosecute the case.

New Patent Headaches Plague Apple

By Scott Flaherty |

The company last week found itself coping with a $530 million infringement verdict and new multifront IP battle with Ericsson Inc.

Soulless Corporations Can't Be Witnesses, Judge Rules in Dole Case

By Scott Flaherty |

The U.S. Supreme Court may treat corporations like people when it comes to making political donations, but there's at least one place where only a human being will do: a Delaware witness stand.

Macy's Herald Square

Jones Day Scores Again for Macy's in J.C. Penney Appeal

By Scott Flaherty |

Jones Day partner Theodore Grossman made good—and then some—on his big win last year for Macy's in its fight with J.C. Penney over the Martha Stewart brand.

Attorney Kent Yalowitz

Litigator of the Week: Kent Yalowitz of Arnold & Porter

By David Bario |

Yalowitz said the Anti-Terrorism Act case he took to trial against the Palestinian Authority and the PLO "was a very, very tough case to carry." But carry it he did, all the way to a $655.5 million verdict this week.

Bank of America Inks $300M Deal to End Fontainebleau Case

By Scott Flaherty |

After more than five years of litigation stemming from the collapse of the massive Fontainebleau casino project on the Las Vegas strip, Bank of America Corp. and a group of term lenders decided to pick up their chips and walk away.

Wachtell Wins Round in Fight With Icahn, CVR

By Susan Beck |

Wachtell won a potentially crucial ruling in its nasty battle with Carl Icahn and CVR Energy Inc. But the litigation isn't over.

Apple headquarters at 1 Infinite Loop in Cupertino

East Texas Jury Hits Apple With $533 Million Patent Verdict

By Scott Flaherty |

Apple and its lawyers at Ropes & Gray lost the year's first mega-patent infringement verdict this week, when a jury in Tyler, Texas, awarded nearly $533 million to patent licensing company Smartflash LLC after finding that Apple willfully infringed three data storage patents.

A Light at the End of the Engle Tunnel?

By David Bario |

Has the settlement dam finally broken in the so-called Engle progeny Florida tobacco litigation? Or will the big cigarette makers continue trying to plug the dike?

UBS Can't Dodge Ex-Banker's SOX Retaliation Claims

By Scott Flaherty |

Partly rejecting a motion to dismiss filed by Gibson Dunn's Eugene Scalia, a judge allowed an ex-UBS banker to pursue claims that he was fired for refusing to exaggerate the quality of the bank's commercial mortgage-backed securities.

Pandora's Anti-SLAPP Gambit Fails in Pre-1972 Copyright Fight

By Scott Flaherty |

A judge in Los Angeles rejected arguments by Pandora's lawyers at Latham & Watkins, who hoped to put an end to class action copyright claims brought by founders of the band The Turtles.

Roche Ruling Puts Thousands of Accutane Cases in Jeopardy

By Scott Flaherty |

Twelve years into sprawling litigation over its blockbuster acne drug, Hoffmann-La Roche and its lawyers at Covington & Burling convinced a New Jersey judge that plaintiffs had "cherry-picked" scientific research to suggest that Accutane use can cause Crohn's Disease.

Stem cells

High Court Rejects Embryonic Stem Cell Patent Appeal

By Lisa Shuchman |

Dealing a blow to a non-profit that hoped to invalidate a controversial stem cell patent, the U.S. Supreme Court on Monday declined to wade into a fight over the rights of third parties to challenge decisions by the U.S. Patent and Trademark Office.

PLO Terror Verdict Looms Over Arab Bank Case

By Julie Triedman |

Monday's $655.5 million verdict against the Palestinian Authority and the Palestine Liberation Organization doesn't bode well for Jordan-based Arab Bank, which faces a terrorism-funding damages trial this summer.

Manhattan Supreme Court and the Thurgood Marshall U.S. Courthouse at Foley Square

Palestinian Groups Await Verdict in $1B Terrorism Trial

By Julie Triedman |

Arnold & Porter's Kent Yalowitz told jurors in the landmark Anti-Terrorism Act trial to hit the Palestinian Authority and the PLO "where it hurts most: in the wallet."

Fourth Circuit Slams EEOC in Freeman Race Bias Case

By Scott Flaherty |

Siding with defense lawyers at Akin Gump, the court affirmed a judge's decision to toss the EEOC's case due to a "mind-boggling" number of errors by the agency's expert witness.

Weil Snags $16M Award in SESAC Antitrust Deal

By Scott Flaherty |

When Weil, Gotshal & Manges gets pulled into an antitrust class action, it's usually playing defense. But a bit of role-reversal paid off for Weil this week, when a judge awarded the firm $16 million in class counsel fees and signed off on a $58.5 million settlement it negotiated with the performance rights organization SESAC.

The Turtles.

No Sanctions, but No Relief for Sirius XM in Copyright Fight

By David Bario |

A California federal judge on Thursday rejected dueling Hail Mary motions by both sides in a key battle over copyrights to pre-1972 recordings.

Litigation Gamble Fails for AmEx With DOJ Antitrust Win

By Scott Flaherty |

When antitrust regulators challenged rules that card companies imposed on merchants, Visa and MasterCard settled, while American Express opted to roll the dice in court. But despite the efforts of AmEx's lawyers at Cravath and Boies Schiller, the bet hasn't paid off.

Litigators of the Week: Steven Kobre of Kobre & Kim and Herbert Stern of Stern & Kilcullen

By David Bario |

The pair helped Chevron chalk up another win in its epic fight with Ecuadorean environmental plaintiffs, forcing online poker magnate Russell DeLeon to renounce his $23 million investment in the Ecuador case.

Judge Nixes Constitutional Challenge to PTAB Patent Reviews

By Scott Flaherty |

A federal judge in Alexandria ruled that plaintiff eCharge Licensing brought its case prematurely, and that its constitutional arguments were likely to fail in any case.

Fired Allen & Overy Lawyer Must Get Psych Exam in Harassment Case

By Scott Flaherty |

Allen & Overy scored an unusual appellate win this week in its fight with a onetime lawyer at the firm who was fired after authoring an erotic novel, persuading a court in New York that the woman must submit to a psychological examination.

Troll or Copyright Crusader? Freeplay Trades Lawsuits With YouTube Giants

By Scott Flaherty |

A week after being labeled a "troll" for allegedly extorting fees from businesses that manage YouTube channels, Freeplay Music tapped Baker & Hostetler to show it's nowhere near backing down from enforcing its copyrights.

Lawyers Chosen to Lead Home Depot Data Breach Cases

By Scott Flaherty |

A federal judge in Atlanta appointed co-lead counsel from a half-dozen firms to spearhead the litigation, giving the retailer's lawyers at King & Spalding and Alston & Bird an idea of who their main adversaries will be.

Chesapeake Energy Sues Over Alleged Theft of Trade Secrets by Ex-CEO

By Scott Flaherty |

Houston trial lawyer Mark Lanier will face off against Duane Morris and Williams & Connolly in what promises to be a high-profile trade secrets dispute between Chesapeake Energy Corp. and American Energy Partners LP, a company founded by former Chesapeake CEO Aubrey McClendon.

Litigation Funder Who Helped Underwrite Ecuador Case Settles with Chevron

By Scott Flaherty |

On Monday, Gibraltar-based billionaire James Russell DeLeon renounced his financial support for a controversial environmental suit in Ecuador against oil giant Chevron.

How J&J's Bid to Probe Pelvic Mesh Solicitations Fizzled

By Scott Flaherty |

Was Johnson & Johnson's unusual discovery request in the pelvic mesh case an attempt to make a principled stand against fraud and harassment? Was it a bid to smear legitimate plaintiffs and overwhelm their lawyers? Or was it something in between?

U.S. Capitol.

The Global Lawyer: Terror Plaintiffs Have Friends in Washington

By Michael D. Goldhaber |

Holy Moussaoui! Congress is set to pass a bill that would clear the way for 9/11 litigation.

Over Objection, Record TCPA Settlement Makes for Record Fees

By Scott Flaherty |

A $15.7 attorney fee award for the lawyers behind a record-breaking TCPA settlement with Capital One was less than the plaintiffs asked for, but far more than class action objector Theodore Frank would have given them.

Daryl Joseffer of King & Spalding

Dechert, King & Spalding Beat Back Soverain Patent Appeal

By Scott Flaherty |

Handing a win to Victoria's Secret and Avon Products, the Federal Circuit ruled that Soverain couldn't escape an earlier ruling invalidating its patents in case involving the online software retailer Newegg Inc.

Amy Caton

Litigator of the Week: Amy Caton of Kramer Levin

By Scott Flaherty |

Kramer Levin Naftalis & Frankel’s Amy Caton is no stranger to litigating high-profile bankruptcy matters. But few cases require overturning a law to serve your client’s interests.

U.S. Securities and Exchange Commission building.

SEC Rears Its Head in Icahn Case Over Wachtell Advice

By Scott Flaherty |

CVR Energy revealed that it's under investigation over securities disclosures it made before Carl Icahn’s successful takeover bid three years ago—and it blamed Wachtell for putting the company in the SEC’s sights.

Investors Line Up for Looming Libor Appeal

By Scott Flaherty |

Less than a month after the Supreme Court reignited sprawling antitrust litigation accusing major banks of conspiring to fix the London Interbank Offered Rate, the stage is quickly being set for the next big Libor battle at the Second Circuit.

The federal courts building in Manhattan.

Wage-and-Hour Plaintiffs Dodge Bullet in Class Action Appeal

By Scott Flaherty |

Plaintiffs employment lawyers breathed a collective sigh of relief on Tuesday, when the Second Circuit reined in an expansive view of U.S. Supreme Court precedent that would have severely hobbled wage-and-hour class actions.

Judge Rules Sirius Can Seek Appeal on Pre-1972 Recordings

By Lisa Shuchman |

A federal judge in Manhattan ruled that she’ll allow Sirius XM Radio to ask the Second Circuit to immediately review her ruling that holders of common law copyrights to pre-1972 songs have exclusive public performance rights to their recordings under state law.

Cravath’s Next Qualcomm Assignment: Fending Off the FTC

By Scott Flaherty |

Cravath, Swaine & Moore may have taken a back seat in Qualcomm Inc.'s $975 million settlement with Chinese antitrust authorities. But there’ll be plenty more work for the firm before Qualcomm’s regulatory and litigation troubles are over.

Target Wins First Amendment Fight With Rosa Parks Nonprofit

By Scott Flaherty |

A nonprofit cofounded by late civil rights icon Rosa Parks can't block Target Corp. from selling merchandise that bears Parks' likeness, a federal judge in Alabama ruled Monday.

Sprint Evens Score (and Then Some) in Comcast IP Fight

By Lisa Shuchman |

Handing a victory to Sprint’s lawyers at Shook Hardy & Bacon, a Delaware jury put Comcast on the hook for about $28 million just months after Comcast won $7.5 million from Sprint in a related patent case.

Symantec headquarters in Mountain View, Calif.

Intellectual Ventures Wins $17M in Mixed Patent Verdict

By Scott Flaherty |

Symantec Corp. couldn’t persuade a judge that Intellectual Ventures was asking too much for patents it acquired on the cheap, but its lawyers at Latham & Watkins at least got a jury to limit the damage.

Q&A: Weil's Jonathan Polkes on Marsh's Showdown with Former Execs

By Scott Flaherty |

Until Polkes' recent victory in a case against Marsh & McLennan, New York's federal courts hadn't ruled squarely on a big issue for employers: Can a company being probed for potential wrongdoing legally fire employees because they refuse to cooperate with an internal investigation?

Sun-Times Loses First Amendment Fight Over Cops' Personal Info

By Scott Flaherty |

The Chicago Sun-Times lost a battle over its right to report on its hometown on Friday, when an appeals court ruled that the U.S. Constitution doesn't give the newspaper a license to publish personal information gleaned from driving records.

Steven Donziger

The Other Unasked Chevron Question: Where's the Bar?

By Michael D. Goldhaber |

As Second Circuit arguments draw near in Chevron v. Donziger, some have called for criminal prosecution of Chevron's nemesis. A better idea is ethical discipline, says The Global Lawyer.

Fourth Circuit Trashes $600M 'Spam Trap' Case Against Kraft

By Scott Flaherty |

The appeals court ruled that a company that intentionally solicited spam emails can't seek more than $600 million from Kraft Foods Inc. and another defendant just because they took the bait.

Litigators of the Week: Van Beckwith and Michael Calhoon of Baker Botts

By David Bario |

Beckwith and Calhoon knew they faced a big challenge defending Russia's Gazprom against a $1.4 billion trade secrets case on Texas turf. So when they saw a chance to derail the case midway through trial, they pounced.

Federal Circuit Upholds PTO Review Process for Accused Infringers

By Scott Flaherty |

The U.S. Patent Trial and Appeal Board has become both a popular venue for accused infringers to challenge patents and a lightning rod for critics. Now the Federal Circuit has completed its first full look at an AIA review, and offered its stamp of approval.

UBS, SunTrust Lose Bid to Escape ResCap Mortgage Claims

By Scott Flaherty |

Lawyers at Quinn Emanuel moved a step closer this week to forcing a payout from banks that partnered with defunct mortgage lender Residential Capital before the financial crisis.

Lawyers Jockey to Lead Blood Thinner Cases Against Bayer, J&J

By Scott Flaherty |

Multidistrict litigation against Bayer and Johnson & Johnson over the blood thinner Xarelto is taking shape in Louisiana, where packs of plaintiffs lawyers are gunning for a reprise of a $650 million settlement with Boehringer Ingelheim over a similar drug.

Bank of America Can't Dodge $1.27B Countrywide Verdict

By Scott Flaherty |

Never one to mince words, U.S. District Judge Jed Rakoff had a few harsh ones for Bank of America on Tuesday, ruling that the bank "utterly failed" to offer a compelling reason to retry a mortgage fraud case that put it on the hook for $1.27 billion.

Standard & Poor's headquarters at 55 Water St.

S&P Deal Shouldn't End Scrutiny of Rating Agencies

By Susan Beck |

Evidence cited in a recent SEC report suggests that conflicts of interest at the rating agencies continue. So why won't the SEC name the offenders?

The U.S. Court of Appeals for the Federal Circuit in Washington, DC.

Federal Circ. Rules Camera Makers Can't Dodge Patent Claims

By Scott Flaherty |

Since it was founded in 2012, the IP boutique Fisch Sigler has made its name with defense wins for the likes of Amazon.com and the Gap. The firm showed its versatility on Monday, scoring an appellate reversal for plaintiff Papst Licensing in a case against a slew of digital camera makers.