Edited by Alison Frankel and Ben Hallman
TOP STORY
November 7, 2009

Appellate / IP
Bilski Supreme Court Preview: Finnegan Lawyer Challenging 'Machine or Transformation' Patent Test Says He's Ready
On Monday the high court will hear the Bilski case, in which the justices will consider the Federal Circuit's tough standard for business method patents. All of corporate America, it seems, is counting on Michael Jakes to persuade the Court to loosen the standard.
VIDEO
Sidebar: Challenges Facing the SEC
Ralph Ferrara of Dewey & LeBoeuf talks to the Litigation Daily about the challenges facing the Securities and Exchange Commission.
Securities
With $667 Million Complaint Against BB&T, Dow Corning Is Latest Company to File Big-Money Auction-Rate Securities Suit
ARS litigation isn't dead after all: The biggest holders of the now unsalable securities weren't covered by regulatory buybacks. Now they're filing hundred-million-dollar suits.
Regulatory
Akin Gump on $296 Million Boston Scientific Defibrillator Settlement with Justice Department
The defibrillator made by a Boston Scientific subsidiary has been the source of litigation since it was recalled in 2005. In 2007, the company paid almost $200 million to resolve 8,000 product liability suits. On Friday, Justice took another $296 million.
Bankruptcy
Weil Turns Over Documents to Barclays Counsel in Lehman Bankruptcy Litigation over Barclays Deal
Remember the fiery September motion by Lehman's special litigation counsel from Jones Day that claimed the investment bank's hurry-up asset sale to Barclays was tainted by secret side deals? Well, Barclays fired back with a subpoena for documents from the firm that represented Lehman in the deal: Weil Gotshal.
Tax
McKool Smith Wins $20 Million Verdict in Hotel 'Bed Tax' Class Action Against Online Travel Companies
Should companies like Expedia and Travelocity pay municipal taxes on the wholesale cost of hotel rooms--or on the price they eventually resell the rooms for? A Texas jury concluded the latter, and hit the travel services with a $20 million tax bill.
White-Collar
Ropes & Gray Litigator Charged in Galleon Insider Trading Scheme; Madoff Prosecutor Is on the Case
Prosecution in Trial of Ex-Bear Stearns Fund Managers Has Topsy-Turvy Week
Three Ex-Marsh Execs Acquitted in Bid-Rigging Trial
Appellate
Bilski Supreme Court Preview: Finnegan Lawyer Challenging 'Machine or Transformation' Patent Test Says He's Ready
Federal Circuit Overturns Patent Licensing Ruling--in Already Settled Case
Fifth Circuit Judge to Stanford Receiver: You're Nobody
Corporate/M&A
Delaware Chancellor Clarifies Standards in Lead Counsel Selection Process
BofA Loses Bid to Dismiss Derivative Suit Challenging Merrill Merger
Skadden, Weil Win Dismissal of Claims From NYMEX-CME Merger
Securities
With $667 Million Complaint Against BB&T, Dow Corning Is Latest Company to File Big-Money Auction-Rate Securities Suit
Coughlin Stoia Cites Rakoff in Challenging SEC Settlement with VeriFone
Are ETF Suits the New New Thing in Securities Litigation?
IP
Bilski Supreme Court Preview: Finnegan Lawyer Challenging 'Machine or Transformation' Patent Test Says He's Ready
Centocor's Record-Setting $1.7 Billion Patent Verdict Survives Abbott Posttrial Motions
Federal Circuit Overturns Patent Licensing Ruling--in Already Settled Case
Litigator of the Week
Jeffrey Chanin of Keker & Van Nest
Jerry Bernstein of Blank Rome
Jonathan Blackman of Cleary Gottlieb
Product Liability/Mass Torts
Wyeth to Face New Trial on Punitive Damages in Hormone Replacement Case
Shook Hardy Wins Summary Judgment for Sanofi in Ambien 'Sleep-Driving' Case
Exxon Hit with $105 Million Jury Verdict in Multidistrict Litigation over Gas Additive
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