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The Litigation Daily
Updated: 37 min 50 sec ago

Patent Litigation Volume Rebounds, Led by Bump in WD-Texas Filings

Wed, 07/01/2020 - 10:22

Fueled by nonpracticing entities, district court filings for the first half of 2020 were up 16% over the previous six months.


Daily Dicta: Thank You and Goodnight

Tue, 06/30/2020 - 01:42

Thank you, dear readers, for your help and encouragement, for returning my calls, for sharing your wins and (somewhat less enthusiastically) your losses, for allowing me into your world. These five years at the helm of Lit Daily have been a privilege and a pleasure.


Daily Dicta: When the Jury Gets the Law Right—and the Judge Gets It Wrong

Mon, 06/29/2020 - 23:54

Litigation is not for the faint of heart. Just ask Kellogg, Hansen, Todd, Figel & Frederick partner Derek Ho.


Assistant US Attorney Sues NYPD Officers, Arguing She Was Wrongly Arrested, Racially Profiled

Mon, 06/29/2020 - 19:42

A federal prosecutor has sued a group of New York City Police Department officers, arguing that she was wrongly arrested after a traffic stop in Hell's Kitchen in November.


DOJ Names Ethan Davis, Ex-King & Spalding Partner, Acting Head of Civil Division

Mon, 06/29/2020 - 18:55

Ethan Davis, a former litigation partner at King & Spalding in San Francisco, returned to the Justice Department as Hunt's top deputy in July 2019 after clerking for Justice Neil Gorsuch.


Conservatives Seize on Supreme Court Losses to Push Trump's Reelection

Mon, 06/29/2020 - 17:42

Legal conservatives point to recent rulings on DACA, LGBTQ rights and abortion to argue that, despite President Trump's best efforts, not enough has been done to shift the Supreme Court in their favor.


Justice Roberts Sharply Counters Criticism of His Vote Striking Down Louisiana Abortion Law

Mon, 06/29/2020 - 16:31

Among progressives, there was a sense that Chief Justice John Roberts Jr., although providing the key vote to strike down a restrictive state abortion clinic law, had left open a broader challenge to reproductive rights.


Fractured Supreme Court Ruling Keeps CFPB Alive, But Gives More Oversight to President

Mon, 06/29/2020 - 12:09

Justices Elena Kagan, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor agreed with Chief Justice John Roberts Jr. on the severability question but disagreed that the single-director structure was unconstitutional.


Mintz Adds Boies Protege Who Counts Sony, Ron Howard as Clients

Mon, 06/29/2020 - 01:47

An 18-year veteran of Boies Schiller Flexner, Courtney Rockett was one of the few female equity partners left at the firm. Mintz's broader platform and services will allow her to grow her client base, she said.


And the LOTW Runners Up...

Fri, 06/26/2020 - 22:34

Honorable mention goes to lawyers from Latham & Watkins, Covington & Burling, Gibson, Dunn and Jenner & Block.


Williams-Sonoma, Amazon Duke It Out Over Software's 'Volition'

Fri, 06/26/2020 - 19:58

Orrick's Annette Hurst says that if Amazon isn't held responsible for AI that allegedly infringes Williams-Sonoma's copyrights, it's just the first step to liability-free killings by automated vehicles and AI-powered drones. Amazon counsel Mark Lemley says that under the rule Williams-Sonoma is...

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Federal Judge in Georgia Affirms City's Right to Bar Confederate Battle Flag From Parade

Fri, 06/26/2020 - 19:55

A Trump appointee ruled the city of Alpharetta was within its rights to stop the Sons of Confederate Veterans from carrying the Confederate battle flag in its annual Old Soldiers Day Parade.


After Judge Nixes 2-Month Request, Roger Stone Gets 2-Week Pause on Prison Time

Fri, 06/26/2020 - 19:32

The judge said Stone must remain in home confinement during that time.


President Trump's Brother Files New Suit Against Niece to Block Book on Family Relationships

Fri, 06/26/2020 - 17:14

The suit, which was filed by Robert Trump's attorney, Charles Harder, follows the speedy dismissal of a petition filed in Queens County Surrogate's Court in connection with the estate of Robert Trump's father, Fred Trump. A surrogate's court judge ruled Thursday that the case would not affect the...

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Ex-Texas Gov. Rick Perry Sides With Exoneree in Fight for Wrongful Imprisonment Compensation

Fri, 06/26/2020 - 16:34

"The governor recoiled at the prosecutorial misconduct that deprived [Alfred Dewayne Brown] and his lawyers of the exculpatory evidence that would ultimately set him free," said an amicus letter by former Texas Gov. Rick Perry.


Microsoft Reveals Winning Firms in Legal Innovation Challenge

Fri, 06/26/2020 - 15:09

Pitches by K&L Gates and a combo team of Perkins Coie, Greenberg Traurig and Davis Wright Tremaine exemplify the broadening services and skill sets clients expect from their outside providers.


Litigators of the Week: How Finnegan Duo Won a Trademark Case for Under Armour in China

Fri, 06/26/2020 - 01:04

'Other than late night and early morning conference calls, our location was irrelevant. We worked seamlessly with Under Armour's talented in-house attorneys in the U.S. and China as well as with the Chang Tsi firm,' said Finnegan's Danny Awdeh and Chip Rettew.


Prevagen Settlement Could Provide Check on Competitive Field of Consumer Supplements

Thu, 06/25/2020 - 19:17

The nationwide settlement could be one of the largest consumer class settlements in the country and might award tens of millions in damages.


Disgraced Lobbyist Jack Abramoff Leans on Abbe Lowell for Defense Again

Thu, 06/25/2020 - 18:18

Lowell previously represented the super-lobbyist in 2006 when he was sentenced to six years in prison after pleading guilty to fraud, tax evasion and conspiracy charges. On Thursday, federal prosecutors and the SEC announced charges related to a proposed new cryptocurrency.


'I Regret My Error:' 11th Circuit Judge Issues Apology in Ruling

Thu, 06/25/2020 - 17:16

Judge Robin Rosenbaum apologized for a 2015 opinion that a colleague had called "wrong-headed."