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The Litigation Daily
Updated: 1 hour 52 min ago

Amazon (and Fenwick) Win Patent Infringement MDL Appeal as Fee Motion Looms

Wed, 06/17/2020 - 20:53

Fenwick & West has led the charge for Amazon since PersonalWeb Technologies sued 80 of its customers. The Federal Circuit ruled Wednesday that a previous suit against Amazon, though voluntarily dismissed, precluded many of the new claims.

        

Ex-Federal Prosecutors Say Government's Argument in Bail Proceedings for Lawyers Accused of Molotov Cocktail Attack Contradicts Settled Law

Wed, 06/17/2020 - 19:28

Assistant U.S. Attorney David Kessler argued that Colinford Mattis and Urooj Rahman had to be detained because they might cause disorder amid ongoing protests against police brutality in Brooklyn.

        

Unresolved Questions Await Supreme Court After Landmark LGBT Rights Ruling

Wed, 06/17/2020 - 18:35

The pending cases raise questions involving the intersection of religion and anti-discrimination laws, an issue left unresolved by the justices' landmark decision extending workplace anti-bias protections to gay, lesbian and transgender employees.

        

As Noel Francisco Heads Out, DOJ's Jeffrey Wall to Be Acting US Solicitor

Wed, 06/17/2020 - 15:24

Speaking on a college campus last year, Jeffrey Wall lamented what he said was a shift in power toward the judiciary in recent years. "It's only going to get worse," he asserted, to the detriment of the executive branch.

        

Suit Against DLA Piper Claims Firm's Mistaken Email Revealed 'Double Dealing'

Wed, 06/17/2020 - 14:22

After client Ferrellgas Partners contacted the firm about the email, DLA said it conducted an internal investigation, the suit claims.

        

Wait, Are We Actually Supposed to Care About a Government Taskforce?

Wed, 06/17/2020 - 01:24

Let's say the taskforce was composed of Ralph Nader, Elizabeth Warren, Letitia James, David Vladeck and I don't know, Gandhi. That still doesn't mean the current CFPB leadership would listen to anything they had to say.

        

Ex-Client Files $1.3M Fraud Suit Against Foley & Lardner, 2 Houston Lawyers

Tue, 06/16/2020 - 18:52

A former client of Foley & Lardner claims the firm and two of its lawyers fraudulently induced him to invest in another firm client that was having cash-flow problems.

        

'I'm a Little Bit Exhausted': Sidley's Lisa Gilford on the Fight Against Police Brutality

Tue, 06/16/2020 - 18:45

Gilford, a partner at Sidley Austin in Los Angeles who works with the NAACP Legal Defense and Educational Fund, said racism cuts across all African Americans. "We're not protected by our status as professionals," she said.

        

Read the Complaint: Trump Sues John Bolton Over His Memoir

Tue, 06/16/2020 - 18:29

"This is a civil action by the United States to prevent Defendant John R. Bolton, a former National Security Advisor, from compromising national security by publishing a book containing classified information," the Justice Department said in its complaint Tuesday in Washington.

        

An 'Old White' Trial Lawyer Tries to Understand

Tue, 06/16/2020 - 16:06

"I'm an old white trial lawyer. I'm privileged and don't pretend to understand, at an emotional level, how African Americans feel about racial injustice, police brutality, Confederate flags and army bases named after Confederate generals. And yet I must try."

        

Apple Faces New Probes by Europe's Competition Watchdog

Tue, 06/16/2020 - 15:02

The investigations are preliminary in nature but significant for introducing a new focus of competition regulation: away from market dominance and toward a company's role as a "gatekeeper" to market access, lawyers said.

        

Daily Dicta: Big Law Is on the Right Side of History in Landmark LGBT Decision

Tue, 06/16/2020 - 01:35

The case attracted a stellar crop of amicus briefs from many of the top law firms in the country—and across the board, every single one of them sided with the LGBT employees.

        

As Social Media Use Rises, What Does This Mean for Litigation?

Tue, 06/16/2020 - 01:01

With many Americans still spending most of their time at home amid the COVID-19 pandemic, most people are turning to social media to connect with others. Often, social media content can provide case-relevant intelligence that can be pivotal in defending litigation.

        

2nd Circuit Upholds Bed Bath & Beyond Win in Workers' Overtime Appeal

Mon, 06/15/2020 - 19:02

The ruling upheld a lower court's decision to toss the case on summary judgment, finding insufficient evidence to support the plaintiffs' claims regarding Bed Bath & Beyond's use of a "fluctuating workweek" formula to compensate employees for overtime hours.

        

In Oculus Rift Technology Dispute, Founder Palmer Luckey Likely Headed for Trial

Mon, 06/15/2020 - 18:57

A Ninth Circuit ruling reversing summary judgment in the case marks a win for Quinn Emanuel Urquhart & Sullivan attorneys Robert Stone and Brian Cannon in Redwood City, California, who represented plaintiff-appellant Total Recall Technologies.

        

Justices Tangle Over Textualism in Major Win for LGBT Workers

Mon, 06/15/2020 - 16:21

Monday's landmark win for LGBT workers revealed intense disagreements within the court's conservative wing. Justice Samuel Alito called the majority decision, written by Justice Neil Gorsuch, "breathtaking" in its "arrogance." Added Kavanaugh: "The best way for judges to demonstrate that we are...

Read the whole entry... »

        

Pillsbury Commits $11M Over 3 Years to Equal Justice Causes

Mon, 06/15/2020 - 14:57

Pillsbury Winthrop Shaw Pittman's commitment, taken together, is the largest by far from Big Law in the recent efforts to promote racial justice and equity in America.

        

What's Next for Litigation Funding in a COVID-19 World?

Mon, 06/15/2020 - 14:13

Litigants seeking outside funding must often share work product information with their potential funders, but if such materials were disclosed publicly or to an opponent, it could seriously undermine a client's case.

        

'No Contest': Gorsuch Leads SCOTUS Ruling That Protects LGBT Employees Against Firing

Mon, 06/15/2020 - 11:36

"When the express terms of a statute give us one answer and extratextual considerations suggest another, it's no contest," Justice Neil Gorsuch wrote for the majority. "Only the written word is the law, and all persons are entitled to its benefit."

        

Litigation Leaders: Venable's Geoff Garinther on COVID Litigation, Client Service and the New Normal

Sun, 06/14/2020 - 22:27

'We love trying cases and believe we're sought after for our ability to litigate not just on paper but in the courtroom.'

        

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