Daily Litigation

  • Fed. Circ. Affirms Del. Atty Fees Can't Include PTAB Work

    Dish Network and Sirius XM aren't entitled to attorney fees for getting a patent they were accused of infringing invalidated at the Patent Trial and Appeal Board, even if the instigating infringement claims were deemed "objectively baseless," a split Federal Circuit panel affirmed Monday.

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    J&J Says Beasley Allen Looking To 'Bias' Vote On $6.5B Plan

    Johnson & Johnson's bankrupt talc unit accused the Beasley Allen Law Firm of attempting to intentionally "bias" the vote against its recently announced proposal to pay out $6.5 billion in prepackaged reorganization plan to resolve claims that its talc-based baby powder causes ovarian cancer.

  • Trial In Blackmail Case Over Judge's Photos Delayed

    A Florida state judge agreed Monday to push back the trial in a Palm Beach County judge's suit accusing an attorney of trying to blackmail her with nude photographs, after the defendant cited discovery delays and an ongoing bellwether trial in multidistrict litigation against Chiquita that is tying up the schedule of two key witnesses.

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    Hunton Hires Antitrust Vet In DC From Lowenstein Sandler

    Hunton Andrews Kurth LLP has hired a former Lowenstein Sandler LLP partner with over 25 years of experience working on antitrust matters with clients who work in a number of different industries, the firm announced Monday.

  • Ex-Conn. Town Atty Sues Over 'False' Ethics Complaint

    Former Newington, Connecticut, town attorney Benjamin Ancona Jr. and other former officials took the Hartford-area suburb to state court claiming the town's assessor and others defamed them in and regarding a now-dismissed ethics complaint that was purportedly loaded with false statements.

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    Baker McKenzie Ends FOIA Suit Over IRS Partnership Audits

    A Baker McKenzie attorney has dropped a public records lawsuit against the Internal Revenue Service that sought to compel the agency to turn over documents pertaining to its scrutiny of large partnerships.

  • Mich. Judges Claim Immunity In Defender's Retaliation Suit

    A Detroit-area court and two of its judges say a public defender's retaliation suit should be dismissed because they have immunity from claims that her cases were moved because she complained about court staff behavior, saying that even if the allegations were true, the judges have a right to manage their courtrooms.  

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    Snell & Wilmer Lands Hahn Loeser Employment Pro In Calif.

    Snell & Wilmer LLP has added a Hahn Loeser & Parks LLP partner in San Diego, strengthening its labor and employment practice.

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    NJ Lawmakers Advance Measures Tackling Deepfakes

    The New Jersey Assembly Judiciary Committee approved measures Monday to head off the rise of "deepfakes," including the establishment of a $2 million unit under the Office of the Attorney General to help law enforcement and the state judiciary verify evidence.

  • Ga. Judge OKs $5M Atty Fees In $41M Acella Thyroid Deal

    A Georgia federal judge has signed off on a nearly $41.5 million class action settlement with Acella Pharmaceuticals LLC over faulty thyroid medication, while awarding the class attorneys another $5 million in legal fees courtesy of the pharma company.

  • Jury Duty Exemption For Nursing Moms Advances In NJ

    The New Jersey Assembly Judiciary Committee signed off Monday on a bill creating an exemption from jury duty for nursing mothers, setting the Garden State up to join a string of states creating similar carveouts this year.

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    LGBTQ+ Group Lambda Legal Adds 1st Amendment Adviser

    Lambda Legal, a national nonprofit focused on the civil rights of LGBTQ+ people and those living with HIV, has appointed an inaugural senior counsel and First Amendment strategist in Chicago.

  • McElroy Deutsch Says Ex-Exec's Guilt Boosts Home Claim

    McElroy Deutsch Mulvaney & Carpenter LLP doubled down on its attempt to seize the home of two former firm executives following a guilty plea on criminal embezzlement charges earlier this month by one of them, the firm's former chief financial officer.

  • Atty Wants In On Ch. 11 Pause In Fraud Suit Against Law Firm

    A Houston attorney being sued for alleged misconduct in soliciting hurricane victims has asked a federal court to include him in a bankruptcy-triggered pause in the proceedings against his law firm, arguing that any judgment against him would effectively be against the law firm.

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    BakerHostetler Hires Baker Botts Crisis Expert In Houston

    BakerHostetler announced Monday that it has tapped an energy-savvy litigator to lead its new catastrophic accident response team who came aboard in Houston from Baker Botts LLP.

  • 6th Circ. Orders Sanctioned Prison Co. To Pay NLRB Atty Fees

    The Sixth Circuit said a Federal Bureau of Prisons contractor has to pay the U.S. National Labor Relations Board's attorney fees from arguing the contractor should be held in contempt in a dispute over two fired union supporters, with one judge dissenting in part over 0.4 billable hour.

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    Top White And Williams Litigator Joins Buchanan Ingersoll

    The former co-chair of White and Williams LLP's commercial litigation practice group has joined Buchanan Ingersoll & Rooney PC's Philadelphia office, the firm announced Monday.

  • Co-Lead Counsel Named In Baby Food Toxins MDL

    A California federal judge has tapped attorneys from Wisner Baum LLP and the Wagstaff Law Firm PC to lead multidistrict litigation alleging products from baby food manufacturers and distributors, including Walmart Inc. and Gerber Products Co., contain toxic metals and caused children to develop autism spectrum disorder and other conditions.

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    NY Discovery Reform Feud Simmers Between DAs, Defenders

    Four years after New York imposed new requirements on prosecutors to more promptly hand over evidence to defendants in criminal cases, data suggests that district attorneys’ offices are still struggling to comply. In the meantime, experts and advocates say many are quietly working to tweak the reforms or potentially scale them back.

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    Reid Collins Helps Score Verdict For Teen In La. Policing Case

    Nearly four years to the day when Louisiana teenager De’Shaun Johnson recorded his mother’s arrest in their Slidell driveway, attorneys with Reid Collins & Tsai LLP and the ACLU help convince a federal jury that a local sheriff’s deputy who threatened to Tase him had intentionally inflicted emotional distress.

  • Paul Hastings Team Seeks $2.6M In New Kwok Ch. 11 Fees

    With senior attorneys and Chapter 11 trustee Luc A. Despins billing close to $2,000 an hour, Paul Hastings LLP has filed two motions seeking court approval to be paid an additional $2.6 million in fees for work performed on Chinese exile Ho Wan Kwok's bankruptcy in January and February.

  • NJ Panel Cites Bad Expert Opinion In Tossing Malpractice Suit

    A New Jersey appellate court upheld Thursday the dismissal of a legal malpractice dispute accusing an attorney of botching a woman's suit over a restaurant attack where she ended up recovering the minimum award.

  • NJ Atty Escapes Malpractice Suit Over UPS Bias Suit

    A New Jersey state appeals court on Friday refused to revive a legal malpractice lawsuit from a UPS driver alleging his ex-lawyer did not disclose his working relationship with Day Pitney LLP, the firm that represented the delivery company in the driver's underlying racial discrimination suit.

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    Dykema Names New CFO, Practice And Office Leaders

    Dykema Gossett PLLC has tapped multiple new leaders across the firm, including bringing on a new chief financial officer who was previously controller at Katten Muchin Rosenman LLP.

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    Judge Bias Claim Can't Sink Mayo Clinic Ariz. Malpractice Win

    An Arizona appellate court has affirmed a lower court bench ruling that let the Mayo Clinic in Arizona off the hook on malpractice claims lodged by a man who suffered serious complications after an abdominal procedure, in part ruling that he didn't show judicial bias requiring recusal.

Expert Analysis

  • 3 Innovative Ways AI May Be Used In Legal Practice
    Excerpt from Practical Guidance
    Author Photo

    Artificial intelligence tools will increasingly be used by outside counsel to better predict the outcomes of litigation — thus informing legal strategy with greater precision — and by clients to scrutinize invoices and evaluate counsel’s performance, says Ronald Levine at Herrick Feinstein.

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    My Nonpracticing Law Job: Librarian Author Photo

    Lisa A. Goodman at Texas A&M University shares how she went from a BigLaw associate who liked to hang out in the firm's law library to director of a law library herself in just over a decade, and provides considerations for anyone interested in pursuing a law librarian career.

  • Legal Briefs Can Benefit From Cleaned Up Case Citations Author Photo

    Federal courts have recently been changing the way they quote decisions to omit insignificant details and string cites, and lawyers should consider adopting this practice to enhance the readability of their briefs — as long as accuracy stays top of mind, says Diana Simon at the University of Arizona James E. Rogers College of Law.

  • 5 Best Practices For Firms Designing DEI Programs Author Photo

    Nikki Lewis Simon, chief diversity, equity and inclusion officer at Greenberg Traurig, discusses best practices — and some pitfalls to avoid — for law firms looking to build programs aimed at driving inclusion in the workplace.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs Author Photo

    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Ask A Mentor: How Do I Juggle Billables And Other Activities? Author Photo

    While involvement in internal firm initiatives can be rewarding both personally and professionally, associates' billable time requirements don’t leave much room for other work, meaning they must develop strategies to ensure they’re meeting all of their commitments while remaining balanced, says Melanie Webber at Fisher Phillips.

  • Making Legal Cents: How To Adapt As Clients Tighten Budgets Author Photo

    Amid a dip in corporate legal spending and client pushback on bills, Shireen Hilal at Maior Consultants highlights specific in-house counsel frustrations and explains how firms can provide customized legal advice with costs that are supported by undeniable value.

  • Spartan Arbitration Tactics Against Well-Funded Opponents Author Photo

    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • General Counsel And Legal Ops Must Work Together Author Photo

    It is critical for general counsel to ensure that a legal operations leader is viewed not only as a peer, but as a strategic leader for the organization, and there are several actionable ways general counsel can not only become more involved, but help champion legal operations teams and set them up for success, says Mary O'Carroll at Ironclad.

  • How Generative AI's Growing Memory Affects Lawyers Author Photo

    A new ChatGPT feature that can remember user information across different conversations has broad implications for attorneys, whose most pressing questions for the AI tool are usually based on specific, and large, datasets, says legal tech adviser Eric Wall.

  • A Model For Optimal Legal Tech Investment Strategy Author Photo

    Legal organizations struggling to work out the right technology investment strategy may benefit from using a matrix for legal department efficiency that is based on an understanding of where workloads belong, according to the basic functions and priorities of a corporate legal team, says Sylvain Magdinier at Integreon.

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    My Nonpracticing Law Job: Recruiter Author Photo

    Self-proclaimed "Lawyer Doula" Danielle Thompson at Major Lindsey shares how she went from Columbia Law School graduate and BigLaw employment associate to a career in legal recruiting — and discovered a passion for advocacy along the way.

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    Ask A Mentor: How Do I Balance Social Activism With My Job? Author Photo

    Corporate attorneys pursuing social justice causes outside of work should consider eight guidelines for finding equilibrium between their beliefs and their professional duties and reputation, say Diedrick Graham, Debra Friedman and Simeon Brier at Cozen O'Connor.

  • Personality Tests And Machine Learning Applications In Law Author Photo

    Mateusz Kulesza at McDonnell Boehnen looks at potential applications of personality testing based on machine learning techniques for law firms, and the implications this shift could have for lawyers, firms and judges, including how it could make the work of judges and other legal decision-makers much more difficult.

  • AI Is Reshaping Lawyering: What To Expect In 2024 Author Photo

    The future of lawyering is not about the wholesale replacement of attorneys by artificial intelligence, but as AI handles more of the routine legal work, the role of lawyers will evolve to be more strategic, requiring the development of competencies beyond traditional legal skills, says Colin Levy at Malbek.

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