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The Litigation Daily
Updated: 2 hours 38 min ago

How the Coronavirus Crisis Is Reshaping Alternative Dispute Resolution

Fri, 03/27/2020 - 19:52

As with law firms, many alternative dispute resolution organizations had to transition to fully remote operations to comply with shelter-in-place orders virtually overnight. And some experts predict that these changes could outlast the crisis.


Kirkland Wins Copyright Fight Over NBA Player Tattoos

Fri, 03/27/2020 - 19:21

Judge Laura Taylor Swain rules that when three tattoo artists drew on the arms of LeBron James, Kenyon Martin and Eric Bledsoe, they knew the art was going to be displayed in media, including video games.


And the LOTW Runners Up...

Fri, 03/27/2020 - 17:14

Honorable mention goes to litigators from Gibson Dunn; Greenberg Traurig; Cravath; Latham & Watkins; Jenner & Block; Kaplan Hecker and Kirkland & Ellis.


'It's Going to Be Extraordinary': Predictions and Advice From Ex-TARP IG Barofsky for Coronavirus Recovery Oversight

Fri, 03/27/2020 - 15:40

"The potential number of companies or recipients is vast, to put it mildly, which makes certain things more important and certain things very different," Jenner' & Block's Neil Barofsky, former special inspector general under the Troubled Asset Relief Program, says. "It's going to be...

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As COVID-19 Hits Pocketbooks, Lawyers Watch for Consumer Class Actions

Fri, 03/27/2020 - 12:14

As class actions over COVID-19 already hit court dockets, lawyers expect to see more lawsuits over price gouging and health claims.


Litigator of the Week: In $100M Cyberheist, Sidley's Cheng Gets Case Tossed Against Bank

Fri, 03/27/2020 - 01:52

"A moment I will never forget is when I first met the chairman of RCBC in Manila,"said Sidley's Tai-Heng Cheng. "She ordered lunch for me and then looked me in the eye, and said, 'You better win this.' I'm glad we didn't let her down."


'Mild Improvements' for David Lat, but Prognosis Remains Uncertain

Thu, 03/26/2020 - 20:49

"There have been mild improvements in his oxygen and his breathing, but he remains intubated and we are still very far from out of the woods," said Zachary Baron Shemtob, Lat's husband, in an interview Thursday.


Freeze in Most NY Civil Filings Brings Concern, Frustration for Litigators

Thu, 03/26/2020 - 19:53

"It's a great handicap, it's major, and I don't like it," said real estate lawyer Adam Leitman Bailey. "We have been filing, but the only things we're filing are affidavits of service and orders to show cause when we have emergencies."


'What Justice Requires': Federal Courts in Pa. Fight to Stay Open Amid Coronavirus Outbreak

Thu, 03/26/2020 - 18:16

Attorneys have unanimously said judges have been very accommodating about continuing cases, or handling them through videoconferencing.


How Courts Are Staying Connected in the Coronavirus Crisis: 'We're Trying Something New Here Today'

Thu, 03/26/2020 - 17:44

"Disruption of the routine, combined with the enormous stresses of this crisis, is a recipe for disaster for those with addictions," Judge Tain Kell said. "We knew we owed it to our participants to find a way to continue their treatments and fulfill our responsibilities, and to do it quickly."


In Postmates Arbitration Battle, Things Get Personal Between Gibson Dunn and Keller Lenkner

Thu, 03/26/2020 - 14:31

Lawyers at Gibson, Dunn & Crutcher have once again called Keller Lenkner's motives and credibility into question as the plaintiffs firm seeks to force the company to arbitrate claims for 10,356 Postmates couriers. Keller Lenkner's Travis Lenkner in an email said that Postmates' complaint is...

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As the Economy Staggers, Greenberg Traurig Gets Zirinsky Back, Builds Bankruptcy Practice

Thu, 03/26/2020 - 12:17

Bruce Zirinsky, the former co-chair of Greenberg's restructuring practice, is best known for his work on blockbuster airline restructurings and has been solo since 2015.


Daily Dicta: Under-the-Radar Fight Over Jones Day Memos Could Sharply Undercut Attorney-Client Privilege

Thu, 03/26/2020 - 01:16

'If left undisturbed, the district court's rules will hamper the ability of attorneys, auditors, and other professional advisors to provide effective counsel to a wide range of American businesses,' warned the U.S. Chamber of Commerce and the Association of Corporate Counsel.


DOJ Charges Maduro, Venezuelan Leaders in Scheme to 'Flood' US With Cocaine

Thu, 03/26/2020 - 01:14

The U.S. Department of Justice on Thursday charged Venezuelan President Nicolás Maduro and 14 current and former officials with money laundering and other charges in an alleged narco-terrorism conspiracy to "flood" the United States with cocaine.


Trade Secrets Feud Puts EV Battery Maker's US Manufacturing Plans at Risk

Wed, 03/25/2020 - 19:30

"Default is the only appropriate remedy here," ITC Administrative Law Judge Cameron Elliot concluded after reviewing SK Innovation's spoliation of evidence in a trade secrets action.


DOJ, FTC Bend Antitrust Rules to Allow Companies to Collaborate on Fighting COVID-19

Wed, 03/25/2020 - 18:33

The agencies are still enforcing antitrust laws, Morrison & Foerster partner David Meyer said. He added, "I think each situation still needs to be evaluated by counsel. These are good tools to use, but they are not a blank check."


This Is What It's Like to Be Sentenced in DC's Federal Courthouse During COVID-19 Pandemic

Wed, 03/25/2020 - 18:21

Most proceedings at the D.C. trial court have been postponed due to the pandemic. But attorneys for one criminal defendant urged he be resentenced quickly, as it could allow him to be quickly released from federal prison.


US Judge Dismisses Legal Malpractice Suit Over Mesh Fees

Wed, 03/25/2020 - 17:10

A federal judge has dismissed a legal malpractice lawsuit against six law firms in New Jersey and Texas accused of using invalid retainer agreements to charge excessive contingency fees for thousands of clients suing over transvaginal mesh devices. The firms included Nagel Rice and the Potts Law...

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'Snowballed Into a Full-Blown Crisis': Attorneys See Compliance Risks Amid Pandemic Response

Wed, 03/25/2020 - 15:56

The heightened risk of corruption has come as the novel coronavirus has upended everyday life and complicated the work of compliance teams tasked with heading off overseas bribery and other corporate misdeeds.


California Judge Censured for Years of 'Sexist and Unseemly' Remarks

Wed, 03/25/2020 - 15:29

"Judge Bennett has accepted this censure, taken full responsibility for his conduct, and is committed to improving as a judicial officer," lawyers for Judge Jeffrey Bennett of the Ventura County Superior Court said.