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Commentary

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.

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.

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?

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.

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.

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.

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.

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.

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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.

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.

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.

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.

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?

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.

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.

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?

Commentary

Daily Dicta: Egg on Their Faces: Plaintiffs Giants Come up Empty in $3B Antitrust Trial

Jenna Greene | June 18, 2018

Ten co-defendants settled for a combined $150 million, but the trio of egg producers left standing were willing to risk everything by going to trial. Their gamble paid off.

Commentary

Daily Dicta: As Loretta Lynch Braces for DOJ IG Report, Eric Holder’s Prospects Soar

Jenna Greene | June 14, 2018

When Justice Department Inspector General Michael Horowitz releases his report today on how the feds handled the Clinton email investigation, many expect former Attorney General Loretta Lynch will not fare well. Her predecessor Eric Holder, on the other hand, is flying high.

Commentary

Daily Dicta: For Kirkland Team, This Trial Totally Sucked (But Not in the Way You Think

Jenna Greene | June 13, 2018

Advertisements are fleeting. Do you really want to go to trial four years down the road over a misleading claim? If you’re vacuum cleaner maker Dyson Inc., the answer is yes.

Commentary

Daily Dicta: Wrongly Convicted of Murder, Six Defendants Win Fight for $28M Jury Award

Jenna Greene | June 12, 2018

More than 30 years ago, 68-year-old Helen Wilson was raped and murdered in the Nebraska town of Beatrice. On Monday, the U.S. Court of Appeals for the Eighth Circuit doled out a small measure of justice in a case where it’s been almost entirely lacking

Commentary

Daily Dicta: You Guys Are Blowing It

Jenna Greene | June 11, 2018

In a new survey, more than 100 judges reported that they routinely find relevant case law that’s not cited in an attorney’s brief.

Commentary

Daily Dicta: Why a $1.3B Payout Is a Good Deal for SocGen

Jenna Greene | June 07, 2018

The deal took some highly skilled maneuvering by the bank’s lawyers from Skadden, Arps, Slate, Meagher & Flom; Debevoise & Plimpton and Mayer Brown.

Commentary

Daily Dicta: Dream of Leaving Big Law to Launch a Litigation Boutique? These Two Lawyers Made it Work

Jenna Greene | June 06, 2018

“Lawyers are risk-averse by nature, but I knew if I didn’t give this a try, I’d regret it for the rest of my life,” said Randolph Gaw, whose litigation boutique Gaw Poe celebrated its fourth birthday with a pair of wins.

Commentary

Daily Dicta: A ‘Cocky’ Fight Over a Romance Novel

Jenna Greene | June 05, 2018

“Authors should be able to express themselves in their choice of titles. A single word commonly used in book titles cannot be ‘owned’ by one author. "

Commentary

Daily Dicta: Is This Suit Merely Stupid—or a Secret Conspiracy to Discredit the Plaintiffs Bar?

Jenna Greene | June 04, 2018

Some would-be class actions are so ridiculous that all you can do is shake your head and think “Wow, the lawyer who filed that passed the bar?” But what if there's actually something more nefarious afoot?

Commentary

Daily Dicta: Mayer Brown Wins Battle Over 'Humane' Label

Jenna Greene | May 31, 2018

A would-be class action against poultry giant Foster Farms and the American Humane Association questions what it means to raise an animal “humanely” for slaughter.

Commentary

What Clients Really Want From Outside Counsel

Lean Adviser Legal | May 31, 2018

It doesn't take a magic formula or a lengthy pitch to impress clients, just master these five fundamentals.

Commentary

Daily Dicta: Boies Schiller Wins Suit Over Constitutional Right to Smoke Medical Marijuana

Jenna Greene | May 30, 2018

Ah, constitutional law. Where judges can reach back to George Washington and Thomas Jefferson in defense of the proposition that it’s OK to smoke (as opposed to eat or vape) medical marijuana.

Commentary

Daily Dicta: Feeling Insecure

Jenna Greene | May 24, 2018

Jared Kushner has been granted a permanent security clearance—and it’s an affront to every government worker and contractor held to a far stricter standard than the president’s son-in-law.

Commentary

Daily Dicta: Saying Goodbye, Quinn Emanuel Style

Jenna Greene | May 24, 2018

Lateral moves are like Easter eggs. They can hold all sorts of hidden meanings,

Commentary

Daily Dicta: Here’s the Skinny: Plaintiffs on Losing Streak in Diet Soda Class Actions

Jenna Greene | May 22, 2018

Drinking diet soda will not make you skinny—and may actually do the opposite. But that's not enough to sustain would-be class actions against Diet Pepsi, Diet Coke and Diet Dr. Pepper.

Commentary

Daily Dicta: No Harm, No Foul—or So These O’Melveny Lawyers Hope

Jenna Greene | May 21, 2018

The new FTC commissioners face an early test: Will they accept the Impax loss, deferring to the ALJ and his exhaustive, 162-page decision? Or will they vote to reverse him and revive criticism that the FTC’s administrative process is unfair?

Commentary

The Three-Letter Word Lawyers Should Avoid Using

Elizabeth A. Larsson | May 21, 2018

When was the last time a single word determined your future? As a lawyer, you’re probably attuned to the fact that it was pretty recent.

Commentary

Daily Dicta: Two Bad Doctors, One Enormous Payout and a Lesson Still Waiting to Be Learned

Jenna Greene | May 17, 2018

Michigan State University on Wednesday agreed to pay $500 million to settle claims by sexual assault victims of sports doctor Lawrence G. Nassar. Apparently USC has not learned from MSU's mistakes.

Commentary

Daily Dicta: Be Warned, Richard Posner Isn’t Playing Nice

Jenna Greene | May 16, 2018

Richard Posner knows how to hit a judge where it hurts.

Commentary

Daily Dicta: Stormy Daniels’ Made-for-TV Lawyer

Jenna Greene | May 14, 2018

It's not just you: Michael Avenatti is on TV constantly. But in an era where cable news is our town hall and Twitter our forum for public discourse, Avenatti—with his bronzed skin and tailored suits, dispensing sound bites or yelling that his opponents are thugs—shines.

Commentary

Daily Dicta: Wait, Elliott Broidy Hired Michael Cohen... Because Why?

Jenna Greene | May 10, 2018

One of these things is not like the others: Boies Schiller Flexner. Arnold & Porter. Gibson, Dunn & Crutcher. Winston & Strawn. Michael D. Cohen & Associates. But they’ve all counted Elliott Broidy as a client.

Commentary

Daily Dicta: For Winston & Strawn, a Dog of a Case

Jenna Greene | May 09, 2018

The plaintiffs allege that a long list of canned dog food with yummy-sounding names like American Grill Burger Dinner with Real Bacon & Cheese Bits in Gravy also contain pentobarbital—which is what vets use to put animals to sleep.

Commentary

Daily Dicta: Five Firms Going Above and Beyond on Pro Bono

Jenna Greene | May 08, 2018

A salute to five firms that are tackling big-time pro bono cases.

Commentary

For Kennedy Cousin Skakel, a Gold-Plated Standard for Ineffective Assistance of Counsel

Jenna Greene | May 07, 2018

As the saying goes, if your lawyer has a pulse, it’s not ineffective assistance of counsel. Unless you’re Kennedy cousin Michael Skakel, who just had his conviction for murdering Martha Moxley in 1975 overturned.

Commentary

Meeting the Challenge of the Legal Aid Crisis

John G. Levi, Kenneth C. Frazier and Harriet Miers | May 04, 2018

The opioid crisis and the recent spate of natural disasters present new challenges to already overburdened civil legal aid providers.

Commentary

Daily Dicta: Litigator of the Week: America’s Dad Found ‘Guilty, Guilty, Guilty’

Jenna Greene | May 04, 2018

On leave from her new job as an associate at Stradley Ronon Stevens & Young, Kristen Gibbons Feden turned the tables on Bill Cosby and his high-profile defense team.

Commentary

Daily Dicta: You’re a Brave Man, Mr. Flood

Jenna Greene | May 03, 2018

After months of hearing about a veritable parade of white collar stars who declined to represent President Trump in the Russia investigation, Emmet Flood finally took the bait. Will he escape the Trump curse?

Commentary

Daily Dicta: Game, Set and Match for King & Spalding in Xerox Merger Case

Jenna Greene | May 02, 2018

Faced with a devastating court ruling, Xerox on Tuesday threw in the towel, firing its CEO and half of its board of directors to resolve a proxy contest. It’s a stunning victory for King & Spalding lawyers and their client Darwin Deason.

Commentary

The Women Warriors Behind Gilead’s Huge Federal Circuit Win

Jenna Greene | May 02, 2018

Fish & Richardson partner Juanita Brooks, a titan of the IP bar, has been practicing for 40 years. This is the first time she's had a case where both her courtroom team and the in-house lawyers have all been women.

Commentary

Daily Dicta: David Boies on Backpage, Pro Bono and Why He Became a Lawyer

Jenna Greene | May 01, 2018

It’s already taken thousands of hours and millions of dollars, but David Boies is determined to hold Backpage.com accountable for sex trafficking children.

Commentary

Daily Dicta: Kicked Out of the Robe: Will Judges Be Targeted with Recall Campaigns?

Joshua Spivak | April 30, 2018

Historically, there has been an aversion to recalling judges. That may be changing.

Commentary

Daily Dicta: Atop the Am Law 100, One of These Firms Is Not Like the Others

Jenna Greene | April 26, 2018

Year after year, the most profitable firms are invariably New York corporate/ M&A powerhouses. Mid-size firms that focus more on litigation tend to lag far behind. But then, there’s Quinn Emanuel Urquhart & Sullivan, a testament that litigation alone can also be wildly lucrative.

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