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Daily Dicta: Litigator of the Week: And Client Number Three Is…

Jenna Greene | April 21, 2018

Not every Litigator of the Week need be the victor of a long, scorched-earth battle in court. Sometimes, all it takes is the perfect interjection. And for that, we recognize this week’s winner: Davis Wright Tremaine partner Robert Balin,

Commentary

Trial by Jury: An American Expert Tells Us What We’re Losing

Valerie P. Hans | April 20, 2018

If you follow high-profile trials, you might be surprised to learn that the jury system is in serious decline in America. That’s a big problem.

Commentary

Brave New World of (Robot) Law

Jenna Greene | April 19, 2018

If your robot hurts someone, are you liable? Legally speaking, is a robot like a pet? An employee? Should robots have rights? In a new report, the U.S. Chamber Commerce contemplates not-so-distant questions about robot law.

Commentary

Daily Dicta: King & Spalding Attacks “Strange and Irregular” Xerox Merger

Jenna Greene | April 17, 2018

A team from King & Spalding is pulling out all the stops in an attack on a pending merger between Xerox Corp. and Fujifilm Holdings Corp..

Commentary

Daily Dicta: Take Heart, Rosenstein. History Is on Your Side

Jenna Greene | April 16, 2018

Take a step back for a moment and consider that a public interest advocacy group is fundraising over the prospect of the DAG getting fired—and hundreds of thousands of people are ready to take the streets if it happens.

Commentary

Daily Dicta: When Keeping Quiet Is Bad—But Telling Is Worse

Jenna Greene | April 12, 2018

It's like Sophie's Choice for lawyers.

Commentary

Daily Dicta: Stormy Daniels Lawyer Avenatti Fights to Save Massive Punitive Damages Award

Jenna Greene | April 11, 2018

Stormy Daniels’ lawyer Michael Avenatti won a $450 million punitive damages award last year. Now, he's fighting to preserve as much of it as he can.

Commentary

Daily Dicta: Geoffrey Berman Is Nobody’s Lapdog

Jenna Greene | April 10, 2018

President Trump may have handpicked Geoffrey Berman to be U.S. attorney for the Southern District of New York, but the former Greenberg Traurig partner has upheld the independence and integrity of his office.

Commentary

Daily Dicta: Sigh. Check Out the Highest-Paid Lawyer in America

Jenna Greene | April 09, 2018

Judith Sheindlin, a.k.a. Judge Judy, earns a staggering $47 million a year for yelling at litigants while presiding over small claims cases on television. So glad we've got our priorities in order, America.

Commentary

Daily Dicta: Litigator of the Week: A Video Game Blowout (Sorry Lindsay Lohan)

Jenna Greene | April 06, 2018

Debevoise & Plimpton partner Jeremy Feigelson takes top honors this week for a win that's likely to reverberate throughout the $100 billion video game industry.

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Commentary

Daily Dicta: Saluting the Lawyers Who Do Good (Thank You)

Jenna Greene | April 05, 2018

Pro bono is one of the most admirable things about the legal profession, and these lawyers from Akin Gump; Akerman and Orrick have done exceptional work.

Commentary

Daily Dicta: What do Fish, Eggs and This Lawsuit Have in Common? They Don’t Get Better With Age

Jenna Greene | April 04, 2018

What's (still) wrong with an antitrust suit targeting restaurants that include the tip in the price of the food--Plus Skadden securities litigators score again and Schulte Roth wins one for Reed Smith.

Commentary

Daily Dicta: Can Pillsbury Partner Save Outrageous Sinclair-Tribune Merger?

Jenna Greene | April 03, 2018

Miles Mason is representing Sinclair Broadcast Group, which needs approval from the Federal Communications Commission for its $3.9 billion purchase of Tribune Media Co. The The Pillsbury Winthrop Shaw Pittman partner's job just got a lot harder.

Commentary

Daily Dicta: Bitter Brew: What Went Wrong in California’s Coffee Lawsuit

Jenna Greene | April 02, 2018

Los Angeles County Superior Court Judge Elihu Berle penned an unpersuasive opinion that is woefully lacking in analysis or explanation. The consequences for the coffee industry will be huge.

Commentary

Daily Dicta: Trump’s Latest Lawyer Looks Like He’s in Over His Head

Jenna Greene | March 29, 2018

Looking at Ekonomou’s biography and cases where he’s appeared as counsel of record, it’s hard to see how he’s prepared to play a major role in the president’s defense.

Commentary

Eric Holder, Unleashed

Jenna Greene | March 28, 2018

It’s as if Eric Holder Jr. is everywhere these days, from fighting gerrymandering to executive producing a TV show to hinting at a presidential run. But does he have time to do any actual work at Covington & Burling, where he’s a partner?

Commentary

Daily Dicta: Do the Math: Facebook Could Face $2 Trillion Penalty

Jenna Greene | March 27, 2018

When the Federal Trade Commission on Monday confirmed it was investigating Facebook for privacy violations, it sounded awfully familiar. Didn’t the FTC look into that in 2011? But there’s one big—as in trillion-dollar—difference this time around.

Commentary

Daily Dicta: He’s Baaack! Ex-Judge Posner Takes Stand for Pro Se Plaintiff

Jenna Greene | March 22, 2018

Newly-retired Judge Richard Posner has penned a powerful brief in the U.S. Court of Appeals for the Fourth Circuit defending a pro se litigant whose case was curtly dismissed.

Commentary

Daily Dicta: Ted Olson Says No; Lindsay Lohan Says Yes; Keker Wins Big

Jenna Greene | March 22, 2018

Ted Olson turns down Donald Trump; Lindsay Lohan touts Lawyer.com and Keker Van Nest beats back an $800 million securities fraud class action against venture capital firm Kleiner Perkins.

Commentary

Ted Olson to Donald Trump: Thanks, But No Thanks

Jenna Greene | March 21, 2018

No, Gibson Dunn's Ted Olson won't be representing POTUS. But what's really shocking is how hard it's become for Trump to attract any prominent, establishment attorney.

Commentary

Daily Dicta: Wilmer’s Bill Lee Colors Outside the Lines in Fight Over Rockwell Masterpiece,

Jenna Greene | March 20, 2018

Wilmer Cutler Pickering Hale and Dorr partner Bill Lee is best known as an elite patent litigator, Apple’s go-to lawyer in the smartphone wars. But he’s in court today in Massachusetts on a very different matter—deciding the fate of an iconic Norman Rockwell painting, “Shuffleton’s Barbershop,"

Commentary

Daily Dicta: Kirkland Attacks ‘Deny Now—Lobby Later’ Mentality

Jenna Greene | March 15, 2018

“If you don’t like the law, change it” is a fine slogan—but what if doing so is a way to duck an otherwise valid Freedom of Information Act request and shut down the flow of information to the public?

Commentary

Daily Dicta: Discovery Fraud Is Not Cool—Especially When You Get Caught

Jenna Greene | March 13, 2018

Here’s your daily reminder that our civil justice system depends on good-faith compliance with discovery requests. And that judges don’t take it kindly if they suspect you’re cheating. PLUS Buckley Sandler's $2.6B settlement

Commentary

Daily Dicta: A Bench Slap for Paul Weiss Partner; Nixon Peabody's B.I.G. Win

Jenna Greene | March 12, 2018

There’s nothing like a good, old-fashioned trusts and estate brawl, especially one involving a prominent family, some of New York’s top litigators and a fed-up judge. Plus, a B.I.G win for Nixon Peabody.

Commentary

Daily Dicta: Taking a Risk Paid Off for Litigator of the Week Jeffrey Kessler

Jenna Greene | March 09, 2018

One, they say, is the loneliest number. It's even lonelier when you're facing treble damages topping $1.7 billion.

Commentary

For Lawyers, the Cease and Desist Letter Is the New Press Release

Wayne Pollock | March 08, 2018

For the longest time, the life of a lawyer’s cease and desist letter was an unpleasant one. For one, the letter was typically written too quickly to allow for important considerations such as, oh, readability and persuasion.

Commentary

Jeff Had Issues: An Akin Gump Lawyer Breaks Bad—and There’s No Satisfying Explanation

Jenna Greene | March 08, 2018

Jeffrey Wertkin was sentenced on Wednesday to 30 months in prison, but the question remains: Why did someone so smart do something that even his lawyer called “stupid, stupid"?

Commentary

Daily Dicta: A Parting Gift from Heller Ehrman

Jenna Greene | March 06, 2018

Heller Ehrman White & McAuliffe is no more--but the firm will be remembered in part for an important California Supreme Court decision on the property interest of dissolved law firms.

Commentary

Civil War on the Plaintiffs Side as Robbins Geller Attacks Firms Seeking Dubious Fees

Jenna Greene | March 05, 2018

Lawyers from plaintiffs powerhouse Robbins Geller Rudman & Dowd called out “a cadre of firms responsible for a dramatic explosion of federal deal litigation,” and urged a federal judge in San Francisco to reject a fee request by fellow plaintiffs’ counsel.

Commentary

Daily Dicta: Who Needs a Courtroom if You've Got a Podcast?

Jenna Greene | February 28, 2018

There’s litigating in the court of public opinion—and then wow. There’s this case.

Commentary

Daily Dicta: There's Client Service. And Then There's Michael Cohen.

Jenna Greene | February 15, 2018

Quick show of hands: how many of you have ever paid $130,000 in hush money out of your own pocket to help a client? And didn’t actually mention it to them? Or ask to get paid back?

Commentary

Daily Dicta: DOJ Lawyer Sues Georgetown for Rejecting Him, Claiming Age Bias

Jenna Greene | February 14, 2018

George Mazza, 62, is a longtime senior counsel in the Justice Department’s Civil Rights Division. But what he wants now is to get a Ph.D in theology from Georgetown. When the university rejected him, he sued.

Commentary

Supreme Court Asked, Again, to Weigh In on Data Breach Standing as Circuit Split Widens

Craig A. Newman and Jonathan Hatch | February 13, 2018

A Supreme Court ruling in a recent case would help clarify the standing issue for the lower courts, consumers and companies that suffer data breaches.

Commentary

Daily Dicta: Oh the Bloody Starbucks Horror

Jenna Greene | February 13, 2018

A California family sued Starbucks for selling “dangerous, defective, contaminated, tainted, spoiled and unsafe beverages.” But their lawyer might want to think twice before taking this one to a jury.

Commentary

Baker McKenzie Partner Is Accused of Sexual Assault, But Where's the #Metoo?

Vivia Chen | February 08, 2018

While women in the U.S. and many parts of the world are spilling their guts about harassment and assault, and airing the names of their alleged perpetrators along the way, the Brits are keeping their lips tightly sealed.

Commentary

Daily Dicta: California’s Oh-So-Special Bar Rules

Jenna Greene | February 07, 2018

By refusing reciprocity or admission on motion, California sends a message: Your out-of-state bar exams just aren’t as good as ours. Because California is special. (Oh, and did I mention it’s currently 76 and sunny here?)

Commentary

Daily Dicta: Wait, That's It for Kozinski?

Jenna Greene | February 06, 2018

So much for the Judicial Council's probe into sexual misconduct by retired Judge Alex Kozinski, plus Pennsylvania Republicans refuse to give up gerrymandering fight.

Commentary

'Things Just Couldn’t Be the Same' After the 'Lynyrd Skynyrd' Spoliation Decision

David R. Cohen and Todd R. Fairman | February 05, 2018

Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions?

Commentary

Daily Dicta: Au Pairs of the World, Unite; The Check is (Not) in the Mail

Jenna Greene | February 05, 2018

A class action by Boies Schiller Flexner claiming au pairs are underpaid has cleared another major hurdle; The latest setback for a Baker McKenzie client who has been trying since 2014 to get paid after an arbitration panel in London awarded him $84 million.

Commentary

Daily Dicta: A Rotating Carousel of What?

Jenna Greene | February 01, 2018

Fat Leonard allegedly enticed Navy officers with money plus fancy dinners, hotel rooms and—to quote the indictment— “a rotating carousel of prostitutes.” Alas, the merry-go-round is metaphorical. But is this good legal writing or bad?

Commentary

Daily Dicta: After Morgan Lewis Exit, Can Former Fox New Host Andrea Tantaros Survive Pro Se?

Jenna Greene | January 31, 2018

David and Goliath is one thing, but this? It’s David versus three Goliaths plus a battalion of Big Law lawyers. Also, Baker Botts scores the best kind of win for Cobalt International Energy.

Commentary

Daily Dicta: Simpson's Big CDS Win; Righting Copyright Wrongs

Jenna Greene | January 30, 2018

You don’t have to know much about the credit-default swaps market to know this: A team from Simpson Thacher & Bartlett led by partner Lynn Neuner and co-counsel from Friedman Kaplan Seiler & Adelman just pulled off a big win.

Commentary

Daily Dicta: What's Ahead for the FCA; Covington's Surprise Win for Bombadier; Winston Shoots and Scores

Jenna Greene | January 29, 2018

Akin Gump experts talk FCA; Covington's big win for Bombadier at the ITC; Winston & Strawn scores for GolTV in suit against Fox;

Commentary

Daily Dicta: Litigator of the Week; Quinn Emanuel Comes Through for Billionaire Investor; Don McGahn Takes a Stand

Jenna Greene | January 26, 2018

Mimi McKenzie, the legal director of the Public Interest Law Center, and David Gersch, who led the Arnold & Porter pro bono team are our litigators of the week, plus Quinn Emanuel prevails for Len Blavatnik and Access Industries.

Commentary

Litigators of the Week: Beating Gerrymandering in Pennsylvania With Data

P.J. D'Annunzio | January 25, 2018

A team of lawyers from the Public Interest Law Center in Philadelphia and Arnold & Porter Kaye Scholer persuaded Pennsylvania's high court to strike down the state's congressional map, which favored Republicans. The impact could be huge.

Commentary

Daily Dicta: Self-Driving Car v. Motorcycle; Grumpy Cat Wins in Court; Faegre Scores $105M Award

Jenna Greene | January 25, 2018

A motorcyclist sued General Motors after being struck by one of the company’s self-driving cars; Grumpy Cat wins $710,000 for copyright infringement, Faegre Baker Daniels gets $105 million award for Cargill in a racketeering suit,

Commentary

Daily Dicta: Winston & Strawn Sex Discrimination Suit Hinges on Definition of Partner

Jenna Greene | January 23, 2018

IP litigator Constance Ramos' sex bias suit against Winston & Strawn is a tale of a lateral move gone bad. Now, the case may hinge on whether a non-equity partner is really just an employee. Also, Gibson Dunn wins big for Tropicana.

Commentary

Daily Dicta: Shutdown Woes; Kirkland Wins One for Facebook (But Pity the Plaintiffs' Counsel)

Jenna Greene | January 22, 2018

What the shutdown could mean for litigators; a brutal opinion by Judge Garaufis in Facebook case.

Commentary

Daily Dicta: Litigator of the Week; Dissecting the News of Selendy and Gay's Departure From Quinn Emanuel

Jenna Greene | January 19, 2018

A touching tribute by our litigator of the week, Sullivan & Cromwell's Robert Giuffra Jr., to his mentor and friend Vince DeBlasi, plus a look at the PR (or lack thereof) when Philippe Selendy and Faith Gay left Quinn Emanuel.

Commentary

Litigator of the Week: This One's For You, Vince

Colby Hamilton | January 18, 2018

"To the extent we won this case, it’s really not my victory. It’s much more a victory for Vince [DiBlasi], and all the other partners at the firm that were trained by Vince.”

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FTC sends warning letters to companies over warranty claims

The Federal Trade Commission has sent warning letters to six major companies that market and sell automobiles, cellular devices, and video gaming systems.

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Congress is poised to use the Congressional Review Act in an unprecedented manner, as determined by the Government Accountability Office.

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Pensions legal update - new regulations which came into force on 6 April 2018

A number of regulatory changes relating to pension schemes came into force on 6 April 2018.

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