News

Daily Dicta: Netflix and Chill, Willkie Farr Style

Jenna Greene | August 16, 2018

A Willkie Farr team led by Antonio Yanez, Jr. was tapped by film studio Relativity Media in $75 million dispute with Netflix--and trial was in 27 days.

News

With Malpractice Claim, Kasowitz Gets 'Some of Its Own Medicine'

Christine Simmons| August 15, 2018

"Now Kasowitz is getting some of its own medicine," said Stephen Meister of Meister Seelig & Fein, the defendant in an earlier malpractice case handled by Kasowitz Benson Torres.

News

AT&T Hit With $224M 'SIM Swap' Suit for Cryptocurrency Theft

Ross Todd| August 15, 2018

Entrepreneur Michael Terpin sued the phone carrier, claiming that it should be held liable for fraudsters who hijacked his mobile phone number to steal about $24 million worth of cryptocurrency. The suit also seeks $200 million in punitive damages.

News

In Closing Argument, Manafort Defense Goes After Rick Gates’ Credibility

C. Ryan Barber| August 15, 2018

Defense attorneys described the government as “so desperate” to get Manafort, that they cut a plea deal with Gates that might allow him to walk free.

News

Daily Dicta: Tinder Founders Swipe Right on Gibson Dunn’s Orin Snyder in $2B Suit

Jenna Greene | August 15, 2018

In a New York State Supreme Court lawsuit, Tinder co-founders and key employees allege that the parent companies manipulated financial information to undercut the value of their stock options.

News

Manafort Prosecutors Used the Few Tools Available to Confront Tough Judges

C. Ryan Barber | August 14, 2018

The Manafort judge's interventionist style prompted discussions in legal circles and on cable talk shows about whether he had gone too far, with some observers arguing the judge’s hands-on approach and regular rebukes against prosecutors would have been fodder for a mistrial if the defense had been on the receiving end.

News

Murder of Mayer Brown Partner Shocks Colleagues, Appellate Bar

Ryan Lovelace| August 14, 2018

Stephen Shapiro's sudden death sparked an outpouring of reactions and remembrances from friends and fellow practitioners.

Commentary

Daily Dicta: Disney Rebuffed in Suit Against Birthday Party Performers

Jenna Greene | August 14, 2018

Disney and its lawyers from Arnold & Porter have been handed a setback in an ill-conceived suit targeting costumed children’s birthday party entertainers.

News

In Manafort Trial, Defense Lawyers Get Their Turn

Mike Scarcella| August 13, 2018

U.S. prosecutors rested their case Monday against Paul Manafort, the first Mueller defendant to go to trial. Now it's the defense lawyers' turn in Virginia federal court. We'll learn a lot more Tuesday morning.

News

Daily Dicta: Paying for Plaintiffs? RICO Suit Accuses California Firm of Bribing Plaintiffs

Jenna Greene | August 13, 2018

In an explosive lawsuit, a Southern California firm is accused of bribing cash-strapped 20-somethings to serve as lead plaintiffs and submit false testimony.

News

In Apparent Overdose, Litigation Funding Pioneer Found Dead at 51

Roy Strom| August 13, 2018

Dennis Shields, also the on-again, off-again boyfriend of "The Real Housewives of New York City" star Bethenny Frankel, died from an apparent overdose.

News

Jury Slams Monsanto With $289M Verdict Over Roundup Weed Killer

Amanda Bronstad| August 10, 2018

Jurors awarded $39.2 million in compensatory damages and $250 million in punitive damages to plaintiff DeWayne “Lee” Johnson.

Q&A

Litigator of the Week: Sharing the Limelight--and Reaping the Glory

Jenna Greene | August 10, 2018

Representing Canadian technology company WiLAN, McKool Smith founder Mike McKool scored a $145 million jury verdict against Apple.

News

Veteran Special Master in 'Florida v. Georgia' Water Dispute Discharged by Supreme Court

Tony Mauro| August 10, 2018

No matter what the reason for the U.S. Supreme Court's decision, it will reduce future litigation costs for both Florida and Georgia as the fact-finding continues.

News

Plaintiffs Lawyers Claim Apple Is Hiding Right to Sue from iPhone Throttling Customers

Amanda Bronstad| August 09, 2018

Plaintiffs lawyers are asking Apple to stop all communications with customers about refunds and replacements unless they notify them about their right to sue. A hearing on the matter is set for Sept. 28.

News

Icahn Ordered to Resume Deposition in Wachtell Malpractice Case

Christine Simmons| August 09, 2018

Wachtell said questioning the investor and former President Donald Trump adviser about energy policy is relevant to his credibility, arguing Icahn-controlled CVR Energy sued the firm because "he does not like Wachtell. It was brought as payback."

Commentary

Daily Dicta: Why 23 Beer Drinkers Can’t Un-Do a $107B Merger

Jenna Greene | August 09, 2018

It's one of the quirkier corners of antitrust law: Private plaintiffs can sue to block mergers. But extracting a settlement is another matter.

News

In Retaliation Suit, Ex-Morgan Stanley Lawyer Claims He Was Pushed Out for Raising Corruption Concerns

C. Ryan Barber | August 09, 2018

U.S. labor judge confronts "unsettled" litigation-funding issue in whistleblower Christopher Garvey's case against the investment bank. Morgan Stanley contends Garvey, who was based in Hong Kong, voluntarily resigned.

News

In Formal Grievance, Immigration Judges Say their Independence Is 'Under Siege'

Max Mitchell| August 08, 2018

Judge A. Ashley Tabaddor, the head of the immigration judges' union, filed a grievance with the DOJ's Executive Office of Immigration Review over the removal of a colleague in Philadelphia.

News

Daily Dicta: As California Burns, PG&E Taps Cravath, Wilson Sonsini and Quinn to Contain Massive Liability

Jenna Greene | August 08, 2018

Once again, California is burning—and the potential liability for Pacific Gas & Electric is reaching staggering proportions.

News

GOP Congressman Chris Collins Charged in Insider Trading Conspiracy

Colby Hamilton| August 08, 2018

The upstate New York Republican allegedly passed along nonpublic information to his son from an Australian drug company whose board he sat on in 2017, Manhattan federal prosecutors said.

Commentary

Daily Dicta: This Big Law Firm Is the (Unlikely) PR Champ of the Day

Jenna Greene | August 07, 2018

Here’s a fun experiment: Four big law firms and two smaller ones on Monday could all legitimately claim a win in a billion-dollar antitrust suit. But who was quickest out of the gate to tout the shared victory?

News

Feds Want Orrick out in Jawbone Trade Secrets Case

Ross Todd| August 06, 2018

The lead prosecutor in a trade secret case against six former Jawbone employees who left for Fitbit claims that Orrick and partner Randy Luskey are conflicted since they previously represented Fitbit and co-defendants in the investigation and prior civil litigation with Jawbone.

Commentary

Daily Dicta: Fourth Circuit Thumbs its Nose at Richard Posner and His Fight for Pro Se Justice

Jenna Greene | August 06, 2018

Since he retired from the U.S. Court of Appeals for the Seventh Circuit last year, Richard Posner has been on a mission to make the justice system more accessible and responsive to pro se litigants. The Fourth Circuit is not impressed.

News

In Wachtell Malpractice Suit Deposition, Carl Icahn Gets Testy

Christine Simmons| August 03, 2018

“Why don’t you say how are you getting along with your wife, and we can discuss that now?” Carl Icahn told a lawyer from Wachtell, Lipton, Rosen & Katz during a heated deposition that ended quickly.

Letter to the Editor

Litigator Cris Arguedas on 'What It Takes to Be a Trial Lawyer if You're Not a Man'

Cristina Arguedas| August 03, 2018

Arguedas: "My career has demonstrated that you can be aggressive to the point of causing discomfort for a juror if you are also effective."

Commentary

Daily Dicta: An $82M Smackdown for the ‘New Kid on the Block’

Jenna Greene | August 03, 2018

New York patent litigator John Desmarais persuaded a Delaware jury to award $82.5 million verdict to client IBM with an unlikely aid: a 30-year-old commercial.

Commentary

Daily Dicta: Quinn Wins Big in Case against Koch Brother (and Mintz Levin)

Jenna Greene | August 02, 2018

A Delaware judge chastised Mintz Levin for "picking sides" in its work on behalf of Oxbow Carbon and Bill Koch.

News

Appellate Star Lisa Blatt Steps Into Fray, Backing Kavanaugh Nomination

Mike Scarcella| August 02, 2018

"I expect my friends on the left will criticize me for speaking up for Kavanaugh. But we all benefit from having smart, qualified and engaged judges on our highest court, regardless of the administration that nominates them," Lisa Blatt, a top appellate lawyer, wrote in an op-ed at Politico in support of the confirmation of Brett Kavanaugh to the U.S. Supreme Court.

News

Coalition of 20 State AGs Vow to Sue Over EPA's Fuel Efficiency Rollback

Dan M. Clark| August 02, 2018

The state attorneys general said in a joint statement that reversing the Obama-era regulation would be detrimental to the health of their residents and leave them paying more for gas.

Commentary

Daily Dicta: What Did I Miss?

Jenna Greene | August 01, 2018

Vacations are great, but sorting through 1,283 new messages in my in-box...not so much.

News

'Rein in Your Facial Expressions,' Manafort Trial Judge Tells Lawyers

Nate Robson| August 01, 2018

Judge T.S. Ellis III admonished both sides on the second day of the former Trump campaign chairman’s tax and bank fraud trial in Virginia.

News

Arnold & Porter Resolves $214M Malpractice Suit by Billionaire Rennert

Scott Flaherty| July 31, 2018

The law firm and The Renco Group Inc., an investment business controlled by billionaire Ira Rennert, filed a stipulation of discontinuance on Monday, looking to officially end a $214 million malpractice case against Arnold & Porter Kaye Scholer.

Profile

Litigators of the Week: This Defense Dream Team Is on a Roll Fighting for Employers

Erin Mulvaney| July 13, 2018

In a span of less than two weeks, Orrick partners Lynne Hermle and Jessica Perry defeated class certification in closely watched gender bias cases against Microsoft and Twitter.

Commentary

Daily Dicta: In Charlottesville Suit, Robbie Kaplan and Karen Dunn Don’t Scare Easy

Jenna Greene | July 11, 2018

Suing white supremacists is not for the faint of heart—but star litigators Roberta Kaplan and Karen Dunn are not backing down.

Commentary

Daily Dicta: Score One for the Conservative Establishment

Jenna Greene | July 10, 2018

For an unconventional president, Donald Trump has now made two conventional Supreme Court picks—respected, well-qualified, conservative judges.

News

'Something Went Horribly Wrong, but Nothing Was Done' Ex-Wilson Elser Partner Says in Dispute with Firm

Christine Simmons| July 10, 2018

Former partner Kym Cushing said the stress of his position became too much, and he was in a "drunken stupor" when he deposited firm funds in his personal account.

Commentary

Daily Dicta: What’s a Skoda? And Why Does Covington Want Congress to Pay Attention?

Jenna Greene | July 09, 2018

How a thoroughly uninteresting fight over a Skoda car dealership in Egypt spilled into the halls of Congress--and involves some of the biggest names in law.

News

Judge Tosses $140M AndroGel Verdict as Inconsistent

Amanda Bronstad| July 06, 2018

The ruling is another setback for plaintiffs lawyers in the low-testosterone multidistrict litigation.

Profile

Litigator of the Week: Record $625M Award against PwC Proves You Don’t Need Big Law for Big Wins

Jenna Greene | July 06, 2018

Stephen Sorensen scored the biggest damages award ever against a global public accounting firm, and broke new legal ground along the way.

Commentary

Daily Dicta: Food Fight: Celebrity Chef Sues Ex-Partners

Jenna Greene | July 06, 2018

Celebrity vegan chef Chloe Coscarelli is in the midst of a nasty food fight with her former restaurant partners.

News

First Trial Linking Monsanto's Roundup to Cancer Set to Open

Amanda Bronstad| July 06, 2018

Opening statements in the first trial over whether Monsanto's Roundup herbicide caused a user to get cancer are set to begin on Monday in San Francisco.

News

Houston Federal Judge Gets Slapped by Fifth Circuit for Alleged Sexist Remarks

John Council| July 05, 2018

Lambasting a female prosecutor, U.S. District Judge Lynn Hughes told her, "We didn’t let girls do it in the old days.”

Profile

Daily Dicta: For Cravath’s Chesler, a Crowning Achievement

Jenna Greene | July 05, 2018

Cravath Chairman Evan Chesler led American Express to victory last week in his first Supreme Court argument. It's a long way from selling hot dogs in Yankee Stadium as a kid.

For Blank Rome, Switching Sides to Sue Insurers Is Paying off

Lizzy McLellan| July 04, 2018

Two years after making a big bet to switch sides, the firm's gamble appears to be paying off.

News

White House Acted in Bad Faith Over Census Citizenship Question, Judge Rules

Dan M. Clark| July 03, 2018

A Manhattan federal court judge on Tuesday made a preliminary finding that there was “strong” evidence the Trump administration acted in bad faith when deciding to ask about citizenship on the 2020 census in ruling to move forward New York Attorney General Barbara Underwood’s lawsuit over the question about citizenship.

News

Court in Missouri Tosses $55M Talc Verdict

Amanda Bronstad| July 03, 2018

The Missouri Court of Appeals decision on June 29 is the third ruling to reverse a jury award against Johnson & Johnson over its baby powder, which thousands of lawsuits have alleged caused women to get ovarian cancer.

News

Law Firm Loses Bid to Force Yelp to Remove Bad Review

Cheryl Miller| July 02, 2018

"With this decision, online publishers in California can be assured that they cannot be lawfully forced to remove third-party speech through enterprising abuses of the legal system, and those of us that use such platforms to express ourselves cannot be easily silenced through such tactics either," Yelp deputy general counsel Aaron Schur said in a blog post.

News

'Army' of Lawyers on Standby to Back Kavanaugh

Ryan Lovelace| July 02, 2018

A swath of Washington's legal establishment is ready to jump into action if Brett Kavanaugh gets the nod this month.

Commentary

Daily Dicta: Down but Not Out—Three Big Cases With Big Reversals

Jenna Greene | July 02, 2018

There’s a board game for little kids called “Chutes and Ladders” that often left mine in tears—one minute, you’re almost at the top and about to win; the next, you’ve plunged to the bottom. It’s a lot like litigation, as these three cases show.

News

Labaton Calls Report Railing Against Lawyers' Conduct in State Street Case 'Unmoored'

Scott Flaherty| June 29, 2018

After a special master tapped to review overbilling in a $75 million legal fee award in a securities class action settlement faulted Labaton Sucharow and its co-counsel, the firm fired off criticisms of its own.

News

From Boom to Bust, Big Law CFPB Practices Tank Under Trump

Miriam Rozen| June 29, 2018

What was once a revenue driver for several large firms has now slowed to a trickle, although some have managed to adjust in a new regulatory environment.

Profile

Litigator of the Week: A Justifiably Reliable Winner

Dan Clark| June 29, 2018

In a standards-defining ruling, the Countrywide Home Loans team from Simpson Thacher & Bartlett led by Joe McLaughlin came out on top in a high-stakes fight with Ambac Assurance.

Commentary

Daily Dicta: Anthony Kennedy, You Will Be Missed

Jenna Greene | June 28, 2018

A hero to neither the left nor the right, Anthony Kennedy joined in decisions that partisans on both sides alternately loved and loathed. But I will miss him indeed.

Q&A

Beating Beats: A Q&A With the Susman Lawyer Behind the $25M Verdict Against Dr. Dre and Jimmy Iovine

Ross Todd | June 28, 2018

Susman Godfrey partner Brian Melton led a team that won a $25 million verdict for client Steven Lamar in a royalty dispute over the high-end, celebrity-endorsed headphones.

News

$500M Award Against Facebook-Owned Oculus Halved

John Council | June 28, 2018

U.S. District Judge Ed Kinkeade has cut in half last year's $500 million award against Facebook-owned Oculus in a case in which a jury found that the company directly infringed on virtual reality technology owned by ZeniMax Media.

News

Chhabria Hits NPE and Its Law Firm With $222K Sanction for 'Impossible' Patent Claims

Scott Graham | June 28, 2018

Quarterhill subsidiary Smart Wearable Technologies and Friedman, Suder & Cooke were 'plainly irresponsible and frivolous' in patent case against Fitbit, judge rules.

Analysis

Litigation Funders Face Their Hardest Sell: Big Law

Roy Strom and Ben Hancock| June 28, 2018

There is more money than ever in the hands of litigation financiers. But can they convince law firms to use it?

News

What Brett Kavanaugh Says About Indicting a Sitting President

Ellis Kim | June 28, 2018

"A serious constitutional question exists regarding whether a president can be criminally indicted and tried while in office," D.C. Circuit Judge Brett Kavanaugh wrote in an article in 2009. What's one check against a "bad-behaving or law-breaking" president? Impeachment, Kavanaugh wrote.

News

Conservative Women Lawyers Mobilize for Kennedy Replacement to Overturn 'Roe v. Wade'

Ryan Lovelace | June 28, 2018

With the fate of abortion rights bound to be central to the fight to replace Justice Kennedy, women on the right will be key messengers for the president's nominee.

News

Camper Struck By Falling Tree Settles for Record $47.5M

Amanda Bronstad | June 27, 2018

A young man whose leg was amputated after a 75-foot tree fell on him while camping has agreed to settle a lawsuit for $47.5 million, the largest personal injury settlement for a single plaintiff in California, according to his lawyers.

News

Jones Day Says Bias Suit Breached Partnership Pact; Ogletree Plaintiffs Reload Again

Scott Flaherty | June 27, 2018

Jones Day is looking to put a lid on a gender discrimination suit brought by former partner Wendy Moore, while women suing Ogletree Deakins are seeking to add new allegations.

News

Norton Rose Fulbright Faces $1.2M Asset Seizure in Venezuelan Dispute

Dan Packel | June 27, 2018

A Northern Virginia-based Venezuelan attorney has been battling the firm for two decades over benefits he says he was denied after being fired from predecessor Macleod Dixon.

News

Apple and Samsung Call a Truce in Long-Running Smartphone War

Scott Graham | June 27, 2018

A confidential settlement ends the seven years of litigation that included multiple nine-figure verdicts and a seminal Supreme Court design patents decision.

News

US Appeals Court Won't Force Former GC to Testify at Grand Jury

C. Ryan Barber | June 27, 2018

“Declining to hold the government to the terms of an agreement it struck would discourage private entities from cooperating with the government in the future," the 4th Circuit said Wednesday.

News

Justice Anthony Kennedy Announces Retirement, Setting Stage for Nomination Battle

Marcia Coyle | Tony Mauro | June 27, 2018

"Please permit me by this letter to express my profound gratitude for having had the privilege to seek in each case how best to know, interpret, and defend the Constitution and the laws that must always conform to its mandates and promises," Kennedy said in a letter to President Trump.

Commentary

Daily Dicta: Take Heart—Lawyers Are Again Leading the Resistance

Jenna Greene | June 27, 2018

Yes, the Supreme Court upheld the travel ban--but the legal community is now rallying to challenge Trump's border policies. And this fight may be more winnable.

News

Case Over Fatal Phila. Food Truck Explosion Resolved in $160M Pretrial Accord

Max Mitchell | June 27, 2018

What began with a fatal explosion inside a North Philadelphia food truck has ended with a resolution that several attorneys involved called the largest global pretrial personal injury settlement in Pennsylvania history.

Commentary

Can the President Dismantle Immigration Hearings?

David M. Shapiro| June 26, 2018

The president, in short, wants immediate deportation without judges, potentially without due process at all. Does he have the power to establish such a system?

News

In Cities' Climate Case, Alsup Points Plaintiffs to the Political Branches

Ross Todd | June 26, 2018

In dismissing a lawsuit brought by the cities of San Francisco and Oakland against five large oil companies, Judge William Alsup wrote that climate change "deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case."

News

Legal Malpractice Payouts and Defense Costs Increase: Study

Scott Flaherty | June 26, 2018

Eight of the nine leading professional liability insurers in a newly released survey said they've participated in legal malpractice payouts of at least $20 million.

News

Clarence Thomas, Alone, Asserts National Injunctions Are 'Historically Dubious'

Marcia Coyle | June 26, 2018

“These injunctions did not emerge until a century and a half after the founding," Justice Clarence Thomas wrote in a concurring opinion in the travel ban case Trump v. Hawaii. "And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this court must address their legality.”

Analysis

Daily Dicta: Big Banks Are Off the Hook, but Law Firm Faces Liability for Overbilling the Feds

Jenna Greene | June 26, 2018

Small-time law firms allegedly cheated the government out of hundreds of millions of dollars by inflating prices for foreclosure-related legal services.

News

Former Texas Lawyer Gets Prison for Suing on Behalf of Clients He'd Never Met

John Council | June 26, 2018

A former South Texas attorney has been sentenced to five years behind bars after pleading guilty to insurance fraud and barratry for filing numerous…

News

DOMA Slayer Kaplan Brings On Debevoise Partner, Renames Firm

Dan Packel | June 26, 2018

One year after leaving Paul Weiss to start her own firm, Roberta Kaplan has brought on a new name partner from Debevoise to the rebranded Kaplan Hecker & Fink.

News

A New Litigation Funding Firm Launches With an Industry Veteran

Roy Strom | June 26, 2018

Validity Capital is the name of a new, $250 million-backed litigation funding firm led by an industry veteran.

News

Plaintiffs Lawyers Want to Depose J&J Exec Over Missing Talc Samples

Amanda Bronstad | June 25, 2018

Plaintiffs lawyers have told a New Jersey federal judge they want to depose a Johnson & Johnson representative to address why the company lost or destroyed talcum powder samples that they could have tested in cases alleging women got ovarian cancer from prolonged use of its baby powder.

News

Reed Smith Bolsters Readiness in Russia Case, Adding Appellate Duo

C. Ryan Barber | June 25, 2018

Reed Smith appellate partners James Martin and Colin Wrabley are joining the firm's court work in a Russia-related case in Washington brought by special counsel Robert Mueller III.

News

Judge Again Rules Sperm Bank Lawsuit Barred as 'Wrongful Birth' Claim

Greg Land | June 25, 2018

Fulton County Superior Court Chief Judge Robert McBurney commiserated with the plaintiffs, whose child suffers from "actual, present struggles," but said Georgia law currently does not allow such claims.

News

Supreme Court Upholds Texas Redistricting Plan Previously Reversed for Racial Gerrymandering

John Council | June 25, 2018

The U.S. Supreme Court has reversed a ruling that Texas lawmakers discriminated against minority voters by engaging in racial gerrymandering when…

Commentary

Daily Dicta: White Collar Giant Abbe Lowell on Impeachment, Litigating in the Spotlight and Why He Moved to Winston & Strawn

Jenna Greene | June 25, 2018

A conversation with Winston & Strawn's Abbe Lowell about his career litigating at the intersection of law and politics, plus Gibson Dunn wins on appeal in case with 'breathtaking' discovery abuses.

News

Company Defends Firing Employee Who Flipped Off Trump's Motorcade

Erin Mulvaney | June 25, 2018

"Akima is not a governmental entity—it is a private company," the company's lawyers at Virginia-based IslerDare wrote in court papers asking a judge to dismiss the claims. "Therefore, Akima's termination of plaintiff's employment cannot possibly violate free speech clauses in the U.S. or Virginia Constitution."

News

Manhattan Federal Prosecutors Cancel Sit-Down With Stormy Daniels

Colby Hamilton | June 25, 2018

The adult film actress' attorney Michael Avennati said the office's decision to forego a planned interview ahead of possible grand jury testimony was "ridiculous."

News

Judge Wood OKs Privilege Designations in Cohen Matter

Colby Hamilton | June 22, 2018

U.S. District Judge Kimba Wood approved the recommendations for privilege from special master Barbara Jones, while setting deadlines for bringing the process to a close.

News

Miles & Stockbridge Vows Appeal After Verdict for Ex-Partner

Christine Simmons | June 22, 2018

Donald English won a $231,000 verdict against his Baltimore-based firm, in the latest case to raise issues of ownership vs. worker protections in a law firm employment dispute.

News

Man Who Injured Waitress With Forcible Kiss Hit With $3M Tab by Phila. Jury

P.J. D'Annunzio | June 22, 2018

A server at the Scarpetta Italian restaurant in Philadelphia filed a lawsuit after an October 2016 incident in which a wealthy patron drunkenly grabbed her by the throat and pulled her in for an unwanted kiss.

News

Paul Manafort’s Losing Streak Deepens in Washington Court

C. Ryan Barber | June 22, 2018

U.S. District Judge Amy Berman Jackson of the District of Columbia sent Trump's former campaign manager to jail last week, pending trial, and in the span of two days refused to dismiss several charges.

Profile

Litigators of the Week: Cracking the 10-Year Egg Antitrust Case

P.J. D'Annunzio| June 22, 2018

Antitrust class actions almost never go to trial. But three companies trusted their legal teams to get them through—and the lawyers delivered with an across-the-board win against some of the most prominent plaintiffs lawyers in the country.

News

Supreme Court Expands Patent Damages Beyond US Borders, Narrowly

Scott Graham | June 22, 2018

Sidestepping the presumption against extraterritoriality, Justice Clarence Thomas' 7-2 opinion OKs damages under narrow overseas inducement statute.

News

Justices, in Nod to Privacy, Restrict Police Power to Obtain Mobile Phone Data

Tony Mauro | Marcia Coyle | June 22, 2018

The 5-4 decision in Carpenter v. United States marks a win for privacy interests in the ongoing tug-of-war over data privacy in the digital age. Chief Justice John Roberts Jr. wrote the majority opinion.

Commentary

Daily Dicta: Tangled Fight over Hair Dye Pits Quinn Emanuel against Paul Hastings

Jenna Greene | June 21, 2018

A big-time IP battle over hair coloring technology pits industry giant L'Oréal and its lawyers from Paul Hastings against a tiny California start-up represented by a team from Quinn Emanuel Urquhart & Sullivan.

News

3rd Circuit Panel, in Firefighter Hearing-Loss Case, Faults 'Uninformed Rush to Courthouse'

Amanda Bronstad | June 21, 2018

A federal appeals panel upheld an award of about $127,800 in attorney fees and costs to the manufacturer of fire engine sirens after finding the plaintiffs’ firm had failed to investigate claims of hearing loss among firefighters while voluntarily dismissing similar cases across the country.

News

NY Federal Judge Strikes at CFPB in Case Targeting Lit Funder to 9/11 and NFL Concussion Claimants

Colby Hamilton | June 21, 2018

In a partial win for the defendants in the case, U.S. District Senior Judge Loretta Preska pulled from the dissents in a recent en banc ruling by the D.C. Circuit to find the consumer watchdog organization was unconstitutionally constructed.

News

West Virginia Supreme Court Justice Charged With Fraud, False Statements and Witness Tampering

Scott Flaherty | June 21, 2018

Under the charges in the 22-count indictment filed by federal prosecutors, the judge faces a possible sentence of 395 years in prison and a fine of $5.5 million.

News

A Kennedy Concurrence Fuels Speculation on Chevron’s Future—And His

Tony Mauro | June 21, 2018

Justice Anthony Kennedy sharply criticized the Chevron doctrine, raising questions about the future of judicial deference to federal agencies, and adding to the buzz in Washington about whether he will stay or leave the court.

News

SEC's Jay Clayton Raises Fresh Concern About SCOTUS Ruling on Disgorgement

C. Ryan Barber | June 21, 2018

“I think the SEC should be in the business of getting money back for investors who are subject to that kind of fraud—a Ponzi scheme and whatnot. A possible way to do that is to give us restitution authority in those circumstances,” Clayton told members of a U.S. House committee on Thursday.

Analysis

Enough With Arbitration Provisions: Litigators Hate Them and GCs Should Too

Edward S. Robson| June 21, 2018

This article examines four of the most common justifications for arbitration and suggests examination of the knee-jerk impulse to include arbitration provisions in commercial agreements.

Commentary

Daily Dicta: Are Lawsuits the Tool to Un-Do Family Separation Policy?

Jenna Greene | June 21, 2018

As everyone from the U.S. Chamber of Commerce to the ACLU recoils at the separation of migrant children from their parents, there’s a clear sense that many in the legal community are eager to fight again. The question is, what exactly can lawyers do?

News

Meet Dolly Gee, the Judge Who Will Consider DOJ's Request on Family Detentions

Ellis Kim | June 20, 2018

All eyes are on Judge Dolly Maizie Gee, the Los Angeles-based federal judge who will consider the Justice Department’s request to modify the Flores consent decree.

News

Sacramento Judge Puts the Jeff Sessions Suit Against California on Trial

Cheryl Miller | June 20, 2018

The hearing, more than five hours long, resembled a trial at times. Mendez dove into minute details of the case, asking lawyers for relevant case law, citing arguments in the numerous amicus briefs, questioning the severability of provisions in each statute and quizzing the sides with long lists of what appeared to be prepared questions.