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Litigation: Editor's Picks

Our global newsroom covers litigation at every level, from bet-the-company cases involving multinational litigants to local personal injury lawsuits with statewide implications. Here you'll find the best of our litigation trend analysis and in-depth commentary from practitioners and judges, along with our coverage of key players, breaking news, game-changing rulings, major recoveries and international cases.

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  • Best Practices

    Defending Class Action Certification In Data Breach Litigation

    Brian E. Middlebrook, Tyrik Jiang, John T. Mills and Joseph Salvo | January 23, 2023

    The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant’s breach of any purported duty of care, and whether the defendant’s alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is “what is the value, if any, of your injury or damages?”

  • Commentary

    Dicta in Appeal About COVID-Related Laws Could Have Dire Consequences in Takings Cases

    John M. Baker | July 18, 2022

    If the Eighth Circuit was correct in observing that individual capacity liability to pay just compensation for a taking does not exist, perhaps every potential avenue to obtain just compensation in federal court arising from an alleged taking by a state official is barred, either for that reason, or because of the Eleventh Amendment.

  • Analysis

    Did the Supreme Court's 'Arthrex' Decision Open Pandora's Box?

    Robert E. Browne, Jr. and Ryan C. Deck | July 11, 2022

    The Patent and Trademark Office has indicated that guidance on discretionary denials at the PTAB will be released soon, clarifying how different factors are applied when patent judges use their discretion to turn away cases.

  • News

    'A Game Changer': Europe's Unified Patent Court Has Finally Arrived

    Anne Bagamery | May 30, 2023

    “I expect that a flurry of cases will be filed on Day One when the court opens,” said Antje Brambrink of Finnegan, Henderson, Farabow, Garrett & Dunner.

  • News

    Google Loses Appeal in Landmark EU Antitrust Case

    Linda A. Thompson | September 14, 2022

    Europe’s second-highest court backed up Brussels officials on their claim that Google has abused its dominant position in the mobile internet space. Google was advised by a quartet of elite law firms.

  • News

    New Climate Litigation Trend Threatens EU Emissions Curbs

    Linda A. Thompson | July 25, 2022

    Fossil Fuel companies are using a 1990s investment agreement treaty to recoup investment losses suffered as a result of governments’ plans to curb greenhouse gas emissions. NGOs have called the treaty a "climate action killer" and lawyers say it has created a regulatory chill.