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The Litigation Daily
Updated: 25 min 27 sec ago

Flimsy FTC Data Breach Action Gets Appellate Test. And It's Not Pretty

22 hours 36 min ago

Hungry litigators on the prowl for the Next Big Thing have been talking for ages about data breach litigation. Now pending before the U.S. Court of Appeals for the Eleventh Circuit is a case that’s sure to shape the data security landscape: the knock-down, drag-out, hair-pulling, eye-gouging...

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What Do You Get if You Mix a Cheerleader, Justice Kennedy, Simpson Thacher and My Worst Nightmare? This Column.

Mon, 06/26/2017 - 01:32

Why is lawyer rating site Avvo in a fight with an ex-cheerleader? And what's up with all the Justice-Kenendy-Might-Retire speculation? How did Simpson Thacher defeat class cert? All this and more...


Litigator of the Week: Practice Makes Perfect for This Hogan Lovells Star

Thu, 06/22/2017 - 08:43

Hogan Lovells partner Neal Katyal scored a game changing win in a SCOTUS case that fundamentally alters the growing practice of mass tort litigation--starting right now. How'd he do it? Hint: “It’s not like I sit in my room and read the briefs.”


A Blast From the (Smoky) Past: Are Opioid Suits the New Big Tobacco?

Thu, 06/22/2017 - 01:30

As states, cities and counties pile on to sue opioid manufacturers for fueling drug addiction, it's got a familiar feeling: the suits against big tobacco.


How a Nagging Flaw Could (and Should) Un-Do the Trump U Settlement

Wed, 06/21/2017 - 01:00

“A classic Catch-22.” “A Hobson’s choice.” “Deeply problematic.” That’s how a dozen top law school professors describe the Trump University fraud settlement in an amicus brief. It’s a strong argument—and it may be enough to persuade the U.S. Court of Appeals for the Ninth...

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In Suing to Block Merger of Fantasy Sports Sites, FTC Resists the Trump Steamroller

Tue, 06/20/2017 - 12:04

Antitrust is not especially political. But there's a perception that Republican administrations tend to be more willing to say yes to corporate mergers. The FTC, however, just issued an emphatic “no," filing suit on Monday to block the merger of two fantasy sports sites.


From Baker Botts to the Bench and Back: When Being a Judge Isn’t the Ultimate Job

Mon, 06/19/2017 - 12:05

Becoming a judge is supposed to be the brass ring, the crowning glory of a legal career. So what makes someone give it up to go back to private practice?


Litigator of the Week: No Complaints from Kannon Shanmugam

Fri, 06/16/2017 - 12:48

It has been an eventful spring for Williams and Connolly partner Kannon Shanmugam. In April, his wife Vicki gave birth to their third son, Henry. In May and June, the U.S. Supreme Court delivered two other bundles of joy: victories in both the cases he argued this term. "Two Supreme Court cases and...

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Girl (Senator) Interrupted: Women Litigators Feel Kamala Harris’ Pain

Thu, 06/15/2017 - 12:52

Twice in the past week, U.S. Senator Kamala Harris was interrupted by her male colleagues, who told the former prosecutor from California to back off aggressively questioning Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein. For women litigators, it’s a depressingly...

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20 Years, 5 Trials, and It’s Still Not Over: This Case is Like ‘Groundhog Day’ for Kirkland’s Hurst

Mon, 06/12/2017 - 01:29

In some ways, winning a $26 million jury award for age discrimination in 2002 against Abbott Laboratories was the worst thing that could have happened to former sales manager David Jelinek and his legal team. Because after the verdict was reversed on appeal 12 years ago, they’ve been chasing it...

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Litigator of the Week: Shooting the Moon for SpaceX

Thu, 06/08/2017 - 09:47

Orrick’s Lynne Hermle, an employment law trial specialist if there ever was one, has developed something of a sub-specialty recently. For the second time in the past eight months, Hermle this week convinced a Los Angeles jury to side with Elon Musk-led SpaceX in a lawsuit brought by a disgruntled...

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CrossFit Clobbers Competitor with Sanctions in False Advertising Case

Wed, 06/07/2017 - 12:43

It probably shouldn’t come as a surprise: CrossFit will kick your butt in court.


Jeff Sessions (Gulp) is Right—It’s a Problem to Dole Out Settlement Money to Third Party Groups

Wed, 06/07/2017 - 10:17

There’s a fine line between government settlements that promote justice and those that amount to windfalls for select non-profit organizations.


Worst. Client. Ever.

Mon, 06/05/2017 - 07:22

For such a frequent litigant, Donald Trump sure does stink at being a client. It’s a standard instruction, for god’s sake. Don’t talk about your case. Keep your mouth shut and let your lawyers do their thing.


When Not Even Paul Clement Can Save Your ($10 Billion) Case

Mon, 06/05/2017 - 01:28

Not even the former solicitor general could save a $10 billion fraud suit against Barclays Bank PLC. It was a big victory for Willkie Farr and Gallagher—and a nice illustration of why you don’t change horses in mid-stream.


Litigator of the Week: A Big-League Double Play for This Gibson Dunn Litigator

Fri, 06/02/2017 - 12:25

Andrew Tulumello co-chairs Gibson Dunn & Crutcher’s sports law practice, so he’s familiar with the term “double play.” He pulled one off this week, bringing home two big victories for his clients, including a Supreme Court win.


Leaping Litigators: Top 10 Lateral Moves in May

Thu, 06/01/2017 - 01:15

It’s getting hot outside, and the lateral litigator market is heating up too. High profile real estate and IP litigators found new homes in May, with MoFo and Fried Frank among the winners.


Scales of Justice: When Slack Fill Cases Aren’t Totally Stupid

Wed, 05/31/2017 - 01:22

Of all the injustices crying out to be righted, slack fill ranks pretty low. But that hasn’t stopped plaintiffs lawyers from bringing a flurry of cases against food and drug companies for under-filling their packaging, leaving empty, non-functional “slack fill” space. But not all cases are...

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Plaintiffs Fumble on Cheerleader Suit

Mon, 05/29/2017 - 08:54

When a lawsuit involves an antitrust conspiracy with nearly $1 billion on the line, when the case has been covered by media including ABC News, Time Magazine and the Associated Press, when it involves the epitome of a sexy topic—cheerleaders for god’s sake—that’s not usually when a federal...

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MDL Critic Pushes Plan to Break Up Cases

Fri, 05/26/2017 - 02:36

It's time to give judges clear rules for managing MDLs, says John Rabiej, director of Duke Law School's Center for Judicial Studies. For starters, he'd spread the biggest cases across more judges.