“I did not try this case very well,” wrote Massachusetts federal Judge William Young, the first sentence of an extraordinary opinion in a $60 billion reverse payment antitrust suit. Over 104 pages, Young muses on the art of judging and passionately defends the importance of trial by jury.
Jonathan Hacker of O’Melveny & Myers (pictured at left) and Keith Hummel of Cravath, Swaine & Moore convinced a federal appeals court that Ford Motor Co. and IBM couldn't be tied to human rights abuses in apartheid South Africa under the U.S. Alien Tort Statute.
Enforcement of the Foreign Corrupt Practices Act by the U.S. Securities and Exchange Commission sometimes feels like small-time, gotcha-style litigation. Case in point: the $12 million settlement with Mead Johnson Nutrition Co. over marketing baby formula to health care professionals in China.
It’s hard enough to make a riveting closing argument in, say, a murder trial, but to do it in a patent case takes a special kind of finesse. In a recent win before a Chicago federal jury on Samsung Electronics Co.’s behalf, Kirkland & Ellis partner Luke Dauchot managed to make patent infringement (dare we say it?) interesting.
Republican presidential front-runner Donald Trump has a long track record as a litigant. A look at his forays in court shows a fondness for lawsuits at odds with GOP calls for tort reform.
A Subway manager who sent job applicants texts like "Bang my brains out the job is yours" doesn't leave lawyers for the franchise owner much room to mount a defense. And the U.S. Equal Employment Opportunity Commission knows it.
The feds want life in prison for the ex-CEO of Peanut Corporation of America for producing products tainted with salmonella. But the unprecedented sentence may actually undermine food safety.
Raising novel questions about what it means to practice law, Kirschenbaum is taking on top law firms over their failure to pay overtime for the drudgery of contract lawyer document review.
Defending a once-beloved superstar in the court of public opinion has meant sometimes evading questions. Plus, AT&T's outside counsel at Crowell & Moring, Arnold & Porter and Sidley Austin get a second chance.
Huge potential damages make these suits a tempting new target for plaintiffs lawyers. But they shouldn't expect easy victories.
For the Robbins Geller lawyers, who could earn close to $100 million in fees for their work, a $388 million settlement with JPMorgan must be all the sweeter since they first had to defeat efforts to disqualify them from spearheading the case.
After getting their case back on track at the Third Circuit last year, a group of asbestos plaintiffs has filed a beefed-up complaint accusing Cahill Gordon and BASF Catalysts of deceiving the courts in long-running asbestos litigation.
Some exciting changes are coming to the Litigation Daily this week.
Aereo and FilmOn relied on similar technology to stream TV shows without getting licenses from the major networks. After Aereo lost at the Supreme Court and went bankrupt, FilmOn tweaked its litigation strategy.
In response to a FOIA request by the National Security Archive, the SEC plans to release sensitive documents about a Chiquita subsidiary's payments to Colombian paramilitary groups.
The defamation suits keep piling up against Benjamin Wey, the New York-based financier and stock promoter who bills himself as an "investigative journalist" on his online magazine The Blot.
Dawson successfully defended drugmaker Sanofi-Aventis against a novel False Claims Act case alleging that his client defrauded the government by improperly getting a drug patent on a blood thinner.
The firm hopes to reprise a rare success in a growing trickle of cases challenging the constitutionality of the SEC's administrative enforcement regime.
In a dispute arising from Bayer CropScience's $750 million settlement of litigation over rice crop contamination, a judge has certified a class of plaintiffs firms to pursue unjust enrichment claims against another set of plaintiffs firms.
After saying goodbye to a $51 million jury verdict and losing a bid to disqualify opposing counsel at Sidley Austin, crime novelist Patricia Cornwell has decided to take her fight against her former financial advisers to a federal appeals court.
The plan would set aside money for more than 200 Indian workers who claimed that Signal deceived and mistreated them when they were lured to this country to help in post-Katrina cleanup efforts.
Here’s some advice if you’re a billionaire who wants to hide millions of dollars from the U.S. government: Make sure you have plenty of supporters who will testify about your charitable side if you eventually get caught. And if you need an appellate lawyer, hire the best.
SAC Capital wants to know who's financing a case brought by shareholders of Elan Corp. against the hedge fund.
The U.S. Supreme Court's 2014 ruling in Fifth Third v. Dudenhoeffer may have transformed the pleading requirements for ERISA plaintiffs, but it couldn't save claims against the administrators for Lehman Brothers Holding Inc.'s employee stock ownership plan.
After 10 years of litigation, a federal jury found that Boston Scientific's Express stent infringed a patent held by Dr. G. David Jang, and that the company breached a 2002 agreement with Jang. The doctor is seeking more than $100 million.
Sirius XM's settlement with major record labels improperly sidelined copyright claims by the rock band the Turtles, ignored the class that the band's founders represent and neglected to include attorney fees for class counsel, the band's attorneys argued on Wednesday.
When bondholders challenged a Puerto Rico debt restructuring law, their lawyers set off on a difficult quest to convince a federal judge in San Juan to invalidate the law aimed at helping the commonwealth grapple with crippling municipal debt.
U.S. District Judge Sam Sparks in Austin let a group of lawyers have it this week after he was forced to scuttle a long-planned securities class action trial against drugmaker Pain Therapeutics Inc.
The company's lawyers at Ropes & Grey and Gibson Dunn won a damages retrial in an East Texas showdown with patent holder Smartflash LLC.
It's been a big week for Wal-Mart Stores Inc. and its go-to appellate lawyer, Theodore Boutrous Jr. of Gibson, Dunn & Crutcher, who got to revel in one long-awaited ruling but suffered a setback in another.
In what is likely the leading edge of a rash of multibillion-dollar disputes involving the Commonwealth of Puerto Rico, the first round has gone to a group of bondholders.
Macquarie Capital appears to have made peace with U.S. regulators over the messy demise of China's Puda Coal. But Macquarie's fight with its former lawyers at Morrison & Foerster is just heating up.
The technology giant hasn't escaped the massive infringement verdict, but defense lawyers at Ropes & Grey headed off a potential $1.6 billion trebled damages award.
Defense lawyers usually react with jubilation when a judge throws out a client's conviction. Kevin Marino of Marino, Tortorella & Boyle used the occasion to lash out at Cyrus Vance and Goldman Sachs.
Katyal won an important victory for employers when the Second Circuit adopted a more employer-friendly test to determine when interns need to be paid.
An African-American flight attendant for United Air Lines who received anonymous death threats on the job can proceed with her hostile work environment against the airlines, now that the Fourth Circuit has vacated a lower court ruling.
Vice Chancellor John Noble implied he was troubled by some pay decisions at Cablevision, but deferred to the company's compensation committee.
More than a dozen years after Allfirst Bank discovered $691 million fraud by foreign exchange trader John Rusnak, Citibank NA faces a potential trial in Manhattan on claims that it aided Rusnak's scheme.
Lawyers at Foley & Lardner convinced a Manhattan federal judge that ArtistShare's crowd-funding patent covered an abstract idea, making it ineligible for protection under Section 101 of the Patent Act.
An unusual settlement between Apple and private plaintiffs who challenged e-book prices looks like quite a good deal for the plaintiffs and their lawyers, now that the Second Circuit has upheld the DOJ's antitrust win against Apple.
A Manhattan federal jury awarded Hanna Bouveng $18 million, including $16 million in punitive damages, in her sexual harassment and defamation lawsuit against Benjamin Wey.
The U.S. Court of Appeals for the Second Circuit rejected JPMorgan's attempts to force a group of financial advisers into individual arbitration.
When KKR faced a groundbreaking investigation by the SEC into its allocation of expenses, it turned to someone who is familiar with the agency’s views on that topic. It hired Debevoise partner Robert Kaplan, the former co-chief of the SEC's asset management unit.
The company will pay $210 million to settle claims by five recording companies, including Capitol Records and Sony Music. Sirius still appears to be fighting two other lawsuits filed by '60s rock group The Turtles.
Swedish national Hanna Bouveng sued Benjamin Wey and his company, New York Global Group, for sexual harassment. Wey made a name in the business world by connecting Chinese companies with advisers and investors in the U.S.
Over 25 years of litigation ups and downs, Davidoff has represented property owners near the Rocky Flats nuclear weapons plant in Colorado who sued Dow and Rockwell. With a dramatic win from the Tenth Circuit, Davidoff and his clients may finally get some relief.
The court made it clear that it didn't appreciate the legal strategy of cable TV giant Cox in an antitrust class action, stating that it had engaged in a willful attempt to play "hide the ball."
A Texas federal judge has allowed lawsuits to continue against Proskauer, Chadbourne and a former lawyer at the two firms over the roles they played representing convicted Ponzi scheme promoter R. Allen Stanford.
The Tenth Circuit rules for Colorado property owners in the quarter-century-old Rocky Flats litigation, dealing a blow to Dow and Rockwell and their lawyers at Kirkland & Ellis.
Walter Forbes, the former chairman of Cendant Corp. who was given a 12 1/2-year sentence for fraud, argued that he had newly discovered evidence in the form of testimony of a former CFO.
In a battle over foreign oil and gas assets, the Republic of Kazakhstan has won a ruling that the New York office of U.K.-based law firm Clyde & Co must turn over information about the value of an oil and gas plant seized by the republic.
In a turn of events, Sirius XM Radio and its lawyers at O’Melveny & Myers convinced a Florida judge that the founders of the 60s rock group the Turtles can't stop the radio company from playing their music.
Intellectual Ventures can pursue a patent infringement case against JPMorgan, but a judge warned it that "further gamesmanship will not be tolerated."
Bayer raised multiple objections to the fees of Dow's lawyers at Orrick, including overstaffing claims, but the judge noted that Bayer had the same number of attorneys working for it.
For the second time in a week, a Deutsche Bank affiliate has won a federal appeals court ruling on statute of limitations that has been a boon to banks.
Banks that sold or sponsored mortgage-backed securities in the run-up to the financial crisis breathed a sigh of relief last week, when Woll persuaded New York's highest court that the deadline for most investors to sue has long since passed.
With billions of dollars possibly at stake, a federal judge granted the company’s request for a hearing to explore the IRS' use of Quinn Emanuel for a tax audit of the technology giant.
On the same day that the SEC announced that it had reached a $20,000 settlement with Sand Hill Exchange for illegally running a fantasy stock trading operation, one of the company's young founders posted a self-made video apologizing.
Boston federal prosecutors won a conviction of golfer Eric McPhail, despite defense arguments that the Second Circuit's ruling last year in Newman barred cases like this.
While lamenting how much deference it had to give a lower court judge, the court cleared away a derivative shareholder lawsuit against JPMorgan CEO Jamie Dimon and others over massive trading losses.
The judge declined to award the $2.4 million in legal fees that the Beastie Boys had requested after a copyright victory over the maker of Monster energy drink, granting instead less than $668,000.
The government and Davis Polk inadvertently opened up to discovery all of the law firm's communications with the government when two Davis Polk partners testified during the trial.
After 13 years of litigation, Hogan Lovells has won a defense verdict for Anthem Inc., beating a class action brought by thousands of Connecticut state employees seeking nearly $100 million.
The U.S. Court of Appeals for the D.C. Circuit upheld a FCC plan to repackage television airwaves for use by mobile Internet providers.
A special patent master urged a federal judge to grant summary judgment in Capital One's favor on two data security patents that Intellectual Ventures accuses the bank of infringing.
New York's highest court imposed strict time limits for investors to bring so-called put-back lawsuits against banks that packaged and sold mortgage-backed securities.
Litigators of the Week: Michael Magner of Jones Walker; Brian Heberlig and Reid Weingarten of Steptoe & JohnsonBy Scott Flaherty |
This defense team convinced a New Orleans jury to acquit former BP executive David Rainey of charges he lied to federal investigators about the Deepwater Horizon oil spill.
This week's decision by the Second Circuit marks the latest in a string of mostly favorable rulings the firm has secured for Medtronic in litigation over its Infuse spinal fusion device.
As Kirkland & Ellis continues to fight claims that it violated conflict of interest rules to advise Teva in a hostile takeover bid for rival Mylan, Teva has opted to move on, hiring Sullivan & Cromwell.
A federal judge blocked the SEC from continuing administrative proceedings against a real estate developer. Siding with lawyers at Kilpatrick Townsend & Stockton, the judge ruled that the SEC's administrative process may violate the Appointments Clause of the Constitution.
Two allies of American Apparel founder Dov Charney have been dealt a setback in their lawsuit attempting to help Charney regain control of the company.
Carter Phillips of Sidley Austin convinced the court to review an employment case against Tyson Foods that used a statistical model to compute class damages.
Real estate mogul Roger Wang's failure to show for a deposition caused the dismissal of a securities case brought by his wife over Bear Stearns' collapse.
In an early test of state laws that attempt to curb patent trolls, a Vermont federal judge has allowed a challenge to proceed under that state's law.
The firm was forced to deny that it made improper payments to a Chicago lawyer indicted for tax evasion.
Simpson Thacher & Bartlett partner Barry Ostrager, freshly retired from the firm at 67, reported to his new chambers at 60 Centre Street in Manhattan this week as New York's newest acting Supreme Court justice.
While Michael Hausfeld presses for massive class action fees in California, a similar case over the use of college players' likenesses has fizzled in Tennessee.
Marc Mukasey of Bracewell & Giuliani, who represents former UBS VP Gary Heinz, said he's considering his next legal steps after Thursday's Second Circuit ruling.
This time of year the U.S. Supreme Court enters its version of postseason play, doling out many of its most-anticipated rulings before the term winds down at the end of June. For Elwood, the fast pace made for a big week.
Workers injured while supporting the U.S. war effort in Iraq and Afghanistan suffered a courtroom defeat this week, when the U.S. Court of Appeals for the D.C. Circuit stamped out a proposed $2 billion class action against their employers and insurers.
DataTreasury, which has wrested more than $350 million in licensing fees from banks over the years, was ordered to return $69 million for breaching a 2005 deal with JPMorgan.
A former employee of a U.S. firm that shepherds Chinese companies through reverse mergers claims that its owner, Benjamin Wey, sexually harassed her and then used his own online soapbox to defame her.
Safeway Inc. and its lawyers at Reed Smith finally cut Kroy IP's litigation campaign short last week, when a judge found the company's patent invalid on multiple grounds.
The decision comes in one of six lawsuits that Bernstein Litowitz brought last year against banks that served as trustees for more than $2 trillion in residential mortgage-backed securities.
Relying on informants can help nudge a case past a motion to dismiss—but the practice has become minefield for the securities class action plaintiffs bar.
The appeal, which could help decide the fate of overtime claims against both Skadden and Quinn Emanuel, explores whether some contract lawyers' work shouldn't be considered legal practice.
Changing lawyers hasn't changed fortunes so far for Sirius XM Radio Inc. in its copyright battle with the founders of the 60s rock group The Turtles.
With Mayor de Blasio intent on enforcing the city's Responsible Banking Act, H. Rodgin Cohen and Robert Giuffra Jr. of Sullivan & Cromwell renewed their efforts to block the law on behalf of the New York Bankers Association.
In his U.S. Supreme Court debut, Werbner prevailed over one of the high court's most seasoned veterans in a closely watched patent case against Cisco Systems Inc.
An industry group represented by Cooley failed to persuade a federal judge that new Department of Education regulations were devised "in a fit of anti-proprietary school zealotry."
If Ultramercial's lawyers at McKool Smith get their way, the company's foiled patent case could offer the justices a chance to rein in the Federal Circuit.
Proving that an apparent circuit split isn't always a ticket to the U.S. Supreme Court, the justices on Tuesday declined to review whether a company's failure to abide by a certain securities regulation can give rise to fraud claims.
The appeal, which asks whether some attorney duties are so mechanical that they don't amount to practicing law, could decide the fate of overtime cases facing Skadden and Quinn Emanuel.
Lawyers hoping to resurrect a decade-old securities class action against Pfizer Inc. will make their case to the Second Circuit on Tuesday.
Arnold & Porter's Lisa Blatt didn't fare any better than White & Case in fending off New York's efforts to block a "forced switch" to a new version of Actavis' Alzheimer's drug, Namenda.
After wresting billions from Wall Street, the departing New York regulator is steering clear of the big law firms that cater to the banking industry. But whether he remains in private practice or shoots for public office, it's a good bet we'll all be hearing from him again.
Kirkland & Ellis came out swinging this week against a lawsuit alleging that it ignored a conflict of interest by advising Teva Pharmaceutical Industries in an ongoing $42 billion bid for rival drugmaker Mylan N.V.
Katyal turned a troubling defeat for Google and its industry allies into a major copyright victory at the U.S. Court of Appeals for the Ninth Circuit.
Citi is the fourth bank to settle with private antitrust plaintiffs, bringing the collective settlements above $800 million.
Approving a record $275 million settlement in a derivative case, a Delaware judge opted not to allow some of the money to go directly to shareholders, as another court recently did.