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The Litigation Daily
Updated: 2 hours 22 min ago

This Retired Judge's Take on Mass Arbitrations: 'A Classic Case of Be Careful What You Wish For'

3 hours 21 min ago

"The defense bar fought against class actions for years," said retired U.S. District Judge Shira Scheindlin as part of a panel at the virtual Class Action Money and Ethics 2020 conference Monday.


Consensus Hunters: Justice Kavanaugh Could Be Key to Avoiding a 4-4 This SCOTUS Term

Mon, 09/21/2020 - 18:14

Court watchers note that Kavanaugh often aligns with the chief justice, who was a key swing vote last term.


Gibson Dunn Brings on Boies Schiller Partner, Recruiting Head in New York

Mon, 09/21/2020 - 16:38

Boies Schiller Flexner partner Christopher Belelieu first joined Boies Schiller in 2014 and was head of the firm's recruitment effort in New York. He started his career at Cravath, Swaine & Moore.


The Story Behind Justice Ginsburg's Other Judicial Appointment

Mon, 09/21/2020 - 15:37

After nominating Ginsburg for the D.C. Circuit, President Jimmy Carter noted in his diary that she had been "a matter of some controversy," according to a forthcoming biography.


'Holding Court' With Civil Presiding Judge Pamela Gates in Phoenix Who's Asking If Technology Can—and Should—Be Integrated Into Jury Trials

Mon, 09/21/2020 - 08:30

"Every different phase of the spread of the virus has resulted in redefining procedures and whenever we change then we have to sort of redefine and restructure."


Davis Wright Tremaine Joins the Fray as Judge Grants Injunction Against WeChat Ban

Mon, 09/21/2020 - 04:32

The plaintiffs have shown serious questions going to the merits of the First Amendment claim, U.S. Magistrate Judge Laurel Beeler in San Francisco ruled.


Litigators of the Week: With $100M on the Line in an 'Earnout' Arbitration, This Sidley Team Left Opponents With Zilch

Fri, 09/18/2020 - 08:30

Angela Zambrano and Yolanda Cornejo Garcia of Sidley Austin got about as definitive a defense win as possible.


LOTW Shout Outs and Runners-Up

Fri, 09/18/2020 - 08:25

Let's get right to this week's runners-up. First up, a Willkie Farr & Gallagher litigation team led by partner Rich Mancino worked with pro


'Same Question, Different Answer': The One Courtroom Tool You Should be Using, But Probably Aren't

Fri, 09/18/2020 - 01:59

Impeach a witness on matters that are not trivial when you know you can.


Self-Styled 'Annoyance Lawyer' Loses Pro Se Appeal Targeting Over Robocalls

Thu, 09/17/2020 - 14:35

The Second Circuit ruled Wednesday that a district court judge was not required to provide any written reasoning when he dismissed a complaint from Todd Bank—who was ejected from a Second Circuit argument last year for "discourtesy"—alleging violations of the Telephone Consumer...

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Gibson Dunn Gets a Chilly Reception in Early Appellate Hearing on Plaintiffs' 'Mass Arbitration' Tactics

Thu, 09/17/2020 - 08:30

The firm's first appellate showdown with plaintiffs represented by Keller Lenkner featured one judge saying he was "completely unsympathetic" to the merits of their argument that filing large batches of individual arbitrations somehow games the system.


San Francisco US Attorney Names New No. 2, Launches Securities Fraud Section

Wed, 09/16/2020 - 18:28

The moves are part of U.S. Attorney David Anderson's ongoing efforts to speed up prosecution timelines.


Kasowitz and Robins Kaplan File Dueling Suits Over Control of Manhattan Art Gallery

Wed, 09/16/2020 - 17:40

Marc Kasowitz argued in court papers that the ex-president of the Marlborough Gallery was removed as part of a "coup d'etat" while his father was seriously ill with COVID-19. But lawyers for the gallery at Robins Kaplan pushed back, saying its former president breached fiduciary duty and...

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Judge Takes SDNY Prosecutors to Task for Conduct in Prosecution of Iranian Businessman

Wed, 09/16/2020 - 17:18

While their client's conviction was vacated, Steptoe & Johnson attorneys have pursued evidence they suspected the government had withheld. U.S. District Judge Alison Nathan said Wednesday that the actions of the Manhattan U.S. Attorney's Office had eroded public trust in the criminal justice system...

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Can You Get a Representative Jury Pool For Remote Proceedings? Opinions (Really) Differ

Wed, 09/16/2020 - 08:30

Let's just start by saying that the consultants we've talked to have wildly different takes on the topic.


Warhol Foundation Asks 2nd Circuit to Uphold Hold 'Fair Use' Win Against Prince Photographer

Tue, 09/15/2020 - 19:25

Quinn Emanuel partner Luke Nikas represented the foundation while Williams & Connolly partner Thomas Hentoff represented photographer Lynn Goldsmith.


Protecting Privilege in the Age of Zoom

Tue, 09/15/2020 - 18:42

As we work in new settings and rely more upon the technologies of remote communications, understanding the purpose of the attorney-client privilege and the way courts have handled issues of privilege in the past can help inform best practices in the era of COVID-19.


'We Are Guinea Pigs': Connecticut Defense Lawyers Outraged at COVID 'Double Standard'

Tue, 09/15/2020 - 14:54

Some Connecticut defense attorneys are livid on how criminal proceedings are held. They say it's unfair that defense attorneys and their clients have to be in court in person, while judges and prosecutors and clerks can appear virtually.


'Holding Court' with Texas Judge Emily Miskel, a Remote Proceeding Pioneer: 'We Can't Pretend That the Traditional Way is Cost-Free'

Tue, 09/15/2020 - 08:30

"Even if you were to say, we're not going to do it on Zoom, we're going to do it in person, it's still not going to be the way you thought it was or the way it used to be."


'Discretion is Not Unfettered': Sixth Circuit Pulls Trial Judge Off Case for Refusing to Follow Their Ruling

Mon, 09/14/2020 - 19:17

Judge Amul Thapar wrote that "despite our binding holding, the district judge refused to follow the law and impose an appropriate sentence."