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The Litigation Daily
Updated: 1 hour 58 min ago

2nd Circuit Panel Challenges DOJ Lawyer on 'Public Charge' Rationale

Mon, 03/02/2020 - 17:02

Attorneys for the challengers, meanwhile, faced less withering questioning from the engaged panel, as oral argument stretched on for nearly two hours.


Five Things to Know About Apple's $500M Throttling Settlement

Mon, 03/02/2020 - 16:33

Apple Inc. has agreed to pay between $310 million and $500 million to settle class actions alleging that it surreptitiously slowed older iPhones with software upgrades. The deal would include potentially $25 payments to class members and $93 million in attorney fees.


Why Covington Is Constrained as Michael Flynn Flays His Former Defense Team

Mon, 03/02/2020 - 15:03

The Michael Flynn saga in Washington has opened a window into Covington & Burling's advocacy for the former Trump national security adviser, who is now trying to withdraw his guilty plea. Covington, meanwhile, says "bar rules limit our ability to respond publicly even to allegations of this nature,...

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SCOTUS Grants Obamacare Case, Testing Trump's Push to Scrap the Signature Health Law

Mon, 03/02/2020 - 09:46

The justices will hear arguments next term in a case brought by a coalition of Democratic-led states.


Litigation Leaders Across the 'v': Motley Rice's Joe Rice on Childhood Dreams, Calculated Risks and Historic MDLs

Sun, 03/01/2020 - 22:25

'If we accept a case it is with the mindset that it is going in front of a jury, so we do the work to get it there. Sometimes in mass torts, you'll see some lawyers sit back and watch others do the work—Motley Rice lawyers don't do that. We are active in every litigation we are involved...

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The SEC May Lose Again in Supreme Court Disgorgement Case

Fri, 02/28/2020 - 18:51

While the SEC's civil-penalty remedy is firmly grounded in the statutes, the disgorgement remedy at the heart of the case up for argument on March 3 has a far murkier basis.


Lawyers in Russia Troll Farm Case Feud Over Trial Subpoenas

Fri, 02/28/2020 - 18:44

As trial approaches in a legacy Mueller case, prosecutors and Reed Smith defense lawyers are feuding over subpoenas—and a Washington federal judge on Monday will hear arguments over whether to hold the law firm's client in civil contempt.


Legal Fees Are Major Obstacle in Talks Over Global Opioid Settlement

Fri, 02/28/2020 - 17:56

In an effort to reach a potential $22 billion cash global settlement of opioid lawsuits, lawyers are clashing over who should get attorney fees. Dozens of states, cities and counties have opposed a proposed 7% hold back on opioid settlements that would pay for common benefit fees and costs incurred...

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Judicial Inconsistency Frustrates Purpose of Insider Trading Law, Rakoff Says

Fri, 02/28/2020 - 17:12

Speaking with former U.S. Attorney Preet Bharara at Fordham's School of Law, U.S. District Judge Jed Rakoff of the Southern District of New York said insider-trading law has "become too obscure to really serve its purposes, which ultimately are punishment, deterrence and creating a better...

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In Major Loss for House, DC Circuit Throws Out Lawsuit for Don McGahn's Testimony

Fri, 02/28/2020 - 16:47

The 2-1 panel sided with the Justice Department's argument that the House cannot go to court to resolve "this kind of interbranch information dispute."


Quinn Emanuel Nabs IP Litigator With Pharmaceutical Practice

Fri, 02/28/2020 - 14:53

The litigation firm called Angus Chen a "virtuoso" in his field, having advised a host of pharmaceutical clients.


And the LOTW Runners Up...

Fri, 02/28/2020 - 13:17

Honorable mention goes to litigators from Hogan Lovells; Latham & Watkins; Gibson Dunn; Arnold & Porter; Sidley Austin; and Morrison & Foerster.


Litigators of the Week: Kirkland Trio Send a $765M Message in Tech Theft Case

Fri, 02/28/2020 - 01:21

"We asked, what kind of a world would this be if a big company could sidestep responsibility by simply saying, 'That was them, not us.' This was a significant message to all other companies considering this type of excuse for bad conduct. "


As Coronavirus Continues to Spread Globally, More Big Law Firms Are Taking Precautions

Thu, 02/27/2020 - 19:18

The virus, officially known as COVID-19, has now spread to 47 countries and has infected at least 82,000 people.


Seyfarth Report Finds 2019 Another Record Year for ADA Title III Suits

Thu, 02/27/2020 - 18:34

Each year Seyfarth Shaw has collected the data, the number of Title III actions has risen nationally, jumping from 2,722 in 2013 to 11,053 in 2019.


How a Georgia U.S. Attorney Plans to Make a Federal Case Against Dogfighting

Thu, 02/27/2020 - 15:36

"Illegal dog fighting is a barbaric activity," U.S. Attorney Charles "Charlie" Peeler said. "Those who choose to violate the Animal Welfare Act face serious consequences, including federal prison time, where there is no parole."


No Harm, No Foul? Courts Face Controversy Over Uninjured Antitrust Class Members

Thu, 02/27/2020 - 13:27

Antitrust defendants have long argued that a class may not be certified if it includes members who have suffered no demonstrable injury. But is this argument gaining traction?


9th Circuit Rules Employers Can't Rely on Prior Pay to Justify Gender Disparities

Thu, 02/27/2020 - 00:48

"The express purpose of the [Equal Pay Act] was to eradicate the practice of paying women less simply because they are women," Judge Morgan Christen of the U.S. Court of Appeals for the Ninth Circuit wrote for the majority.


Daily Dicta: The Brave New World of Litigation Reporting

Wed, 02/26/2020 - 23:34

ALM's game-changer Legal Radar makes me feel like a kid in a candy store--and slightly concerned about becoming obsolete.


Is California a Better Venue Than Illinois for BIPA Litigation?

Wed, 02/26/2020 - 22:32

Some privacy lawyers say Illinois Biometric Information Privacy Act cases are landing in the Northern District of California mainly out of contractual obligation, though others maintain that the venue has its perks.