Top News

  • November 25, 2015

    Incompetence Claims Motivated By Money, Redstone Attys Say

    Media mogul Sumner Redstone's attorneys fired back in California court Wednesday at a lawsuit filed by his ex-caretaker Manuela Herzer claiming he's a “living ghost” who can no longer care for himself, saying Herzer's bid for reinstatement as his health care agent is about “her personal financial agenda.”

  • November 25, 2015

    GM Ruling On Atty Docs Shows High Bar For Fraud Exception

    A New York federal court ruled Wednesday that communications between General Motors and its outside counsel King & Spalding over ignition switch-related settlements are privileged documents, in a significant decision that attorneys say shows that plaintiffs cannot invoke the crime fraud exception unless they show that a defendant's attorneys actually participated in the alleged fraud. 

  • November 25, 2015

    Fed. Circ. Rules PTAB Wrongly Axed Teleconferencing Patent

    The Patent Trial and Appeal Board used an incorrect claim construction when it invalidated many claims of Straight Path IP Group Inc.'s online communication patent, the Federal Circuit ruled Wednesday in a rare instance of the court faulting the PTAB in an inter partes review.

  • November 25, 2015

    NY Judge Promises Quick Ruling On DraftKings, FanDuel Ban

    A Manhattan trial judge held off Wednesday on New York State Attorney General Eric Schneiderman's bid to have daily fantasy sports giants DraftKings and FanDuel shut down pending the outcome of state lawsuits charging they promote illegal gambling, but said a decision would come "very soon."

  • November 25, 2015

    Columbia House Pushes Back Against Objections To Sale Plan

    Columbia House's corporate parent defended the potential sale of the once-popular music club to an affiliated company called Edge Line Ventures on Tuesday after unsecured creditors filed papers in New York federal court accusing executives of having used the business as a “personal piggy bank” before it fell into bankruptcy.

  • November 25, 2015

    Decision On Dewey Retrial Coming Soon, SEC Says

    The Manhattan District Attorney’s office will soon decide whether or not to retry the former top executives of Dewey & LeBoeuf LLP on charges of conning lenders and investors into backing the troubled law firm, the U.S. Securities and Exchange Commission said Wednesday.

  • November 25, 2015

    Ex-Goldman Compliance Aide Accused Of Insider Trading

    A former Goldman Sachs compliance staffer who helped the bank develop software to spot insider trading has been accused of the illegal act himself, with the U.S. Securities and Exchange Commission saying he stole confidential information about deals Goldman was working on and then traded on it.

  • November 25, 2015

    Pa. Sen. Committee Recommends Hearing To Oust AG

    A special Pennsylvania Senate committee found Wednesday that there was sufficient basis to move forward with proceedings to weigh removal of the state’s embattled attorney general from office after her law license was suspended in the wake of criminal charges.

  • November 24, 2015

    'Stressed Out' Juror Wants Out Of Sheldon Silver Graft Trial

    A juror in the corruption trial of former New York State Assembly Speaker Sheldon Silver asked to be excused from the panel shortly after deliberations began Tuesday, citing her discomfort and stress stemming from her "different opinion/view" of the case.

  • November 24, 2015

    Ex-Hospital CFO, Docs Guilty In $580M Referral Billing Scheme

    Four people, including the former chief financial officer for a Long Beach, California, hospital at the center of a health care fraud and kickback scheme, have reached plea agreements admitting to being involved in the nearly $600 million billing scheme over spinal surgeries, federal prosecutors announced Tuesday.

  • November 24, 2015

    L-3 Inks $26M FCA Deal Over Allegedly Shoddy Gun Sights

    L-3 said Tuesday it would pay $25.6 million to settle the government’s False Claims Act suit over EOTech weapons sights sold to the military and law enforcement that the defense contractor allegedly knew were thrown off by extreme temperatures.

  • November 24, 2015

    LabMD Sues 3 FTC Lawyers Over Data Security Case

    Fresh off a decisive victory over the Federal Trade Commission’s suit accusing it of failing to protect customers’ data, LabMD Inc. said in Washington federal court on Friday that three agency attorneys behind the case destroyed its business by illegally and unethically prosecuting the company based on bogus evidence.

  • November 24, 2015

    CFTC Proposes New Automated Trading Rules

    The U.S. Commodity Futures Trading Commission on Tuesday unveiled plans to regulate automated trading on the futures markets, proposing new controls and registration requirements that it says should curb the risks that computerized trading poses to the financial system.

  • November 23, 2015

    Burleson To Close Entire Firm At The End Of The Year

    Citing a downturn in revenues due to decreasing oil prices, Houston-based energy firm Burleson LLP will close all five of its offices by the end of the year, managing partner Richard Burleson confirmed Monday, saying that nearly 60 attorneys remain as the firm begins winding down.

  • November 23, 2015

    Smokers Seek $600M In Marlboro Lights False Ad Trial

    A class of nearly 200,000 Massachusetts smokers on Monday urged a state judge to award it more than $600 million in its suit alleging Philip Morris USA Inc. falsely advertised Marlboro Lights cigarettes delivered less tar and nicotine to users, saying that the product was a ploy to lure smokers who feared that smoking was unhealthy.

  • November 23, 2015

    IRS Can Enforce Quinn Emanuel-Aided Microsoft Summons

    A Washington federal court on Monday said Microsoft Corp. has to comply with the Internal Revenue Service’s summonses of several current and former company executives, despite its concerns about the participation of lawyers from Quinn Emanuel Urquhart & Sullivan LLP.

  • November 23, 2015

    EFH Strikes Deal To End Major Opposition To Ch. 11 Plan

    Energy Future Holdings Corp. said Monday that it has struck a settlement with the creditors on the so-called E-side of the massive case that resolves their opposition to the power giant's Chapter 11 plan, potentially removing one of the final barriers in the way of the restructuring strategy.

  • November 23, 2015

    Ford Recalls 450K Cars Over Potential Fire Hazard

    Ford Motor Co. said Monday that is recalling nearly half a million Ford Fusions and Mercury Milans in North America because the vehicles' fuel tanks are prone to cracking, which can lead to gas leaks and potential fires.

  • November 23, 2015

    FERC Pans $786M Trans-Alaska Pipeline Project

    The Federal Energy Regulatory Commission has said a $786 million Trans-Alaska Pipeline upgrade project should never have been approved and rejected a request by the pipeline's owners to recover $421 million in project costs.

  • November 23, 2015

    Pfizer, Allergan To Merge In $160B Deal

    U.S. pharmaceutical giant Pfizer said Monday it will combine with Irish drugmaker Allergan in a stock-for-stock deal valued at $160 billion, a deal that comes despite heightened scrutiny of inversion transactions.

Expert Analysis

  • 6 Tips For Creating Effective Trial Graphics

    Aaron Stienstra

    These days, jurors and judges are so accustomed to seeing graphics — on the street, on the Web, on their smartphones — that they expect to see something good in the courtroom. The best graphics are composed of consequential information, clearly displayed, with emphasis on what matters most, paired with artwork that adds meaning. This simultaneously compels people to think, feel and make decisions, says Aaron Stienstra, design direc... (continued)

  • Takeaways From United Technologies' $75M Settlement

    Jeffrey Gerrish

    United Technologies Corporation's global settlement with the U.S. Departments of State and Justice underscores the importance of a robust compliance program to prevent, detect and remediate any violations of export control laws or regulations — especially if products and services are destined for China, say Jeffrey Gerrish and Soo-Mi Rhee of Skadden Arps Slate Meagher & Flom LLP.

  • Understanding Mayo V. Prometheus

    William Merkel

    Following the U.S. Supreme Court's treatment of the machine-or-transformation test in Mayo Collaborative Services Inc. v. Prometheus Laboratories Inc., the test — previously thought to be the governing test for patent eligibility under § 101 — no longer appears to occupy such a prominent role in patent-eligibility jurisprudence, says William Merkel of Marshall Gerstein & Borun LLP.

  • Radlax — 'An Easy Case'

    Douglas Spelfogel

    “This is an easy case,” Justice Antonin Scalia wrote in his opinion in Radlax Gateway Hotel LLC v. Amalgamated Bank, settling the issue of whether the Bankruptcy Code grants the secured creditor a right to credit bid in an auction sale under a plan. But interestingly, the opinion barely mentions the infamous Philadelphia News decision from the Third Circuit which was effectively overruled by the U.S. Supreme Court, say attorneys wi... (continued)

  • The Latest Attempt At Criminalizing 'Robo-Signing'

    Ralph Mazzeo

    While the New York state Senate did not act on the Foreclosure Fraud Prevention Act of 2012 before adjourning its regular session — and as a result there is little chance the bill will be enacted this year — the bill represents the latest attempt by state governments to impose criminal liability on fraudulent foreclosure practices by mortgage servicers or their employees, say attorneys with Dechert LLP.

  • How The 2nd Circ. Aleynikov Opinion Went Awry

    Mark Krotoski

    In United States v. Aleynikov, the Second Circuit recently created an unfortunate cloud over the scope of the federal trade secret statute. The decision detracts from the primary legislative objectives to promote and protect national economic security and punish individuals who misappropriate intellectual property in the form of trade secrets, say Mark Krotoski and Richard Scott of the U.S. Department of Justice.

  • PPACA Victory Sets Stage For New Wave Of Litigation

    Howard Shapiro

    Although the Patient Protection and Affordable Care Act and its coverage mandates have been upheld, the lack of regulatory guidance for many key areas of the statute creates uncertainty regarding implementation and enforcement. No matter how employers and plan fiduciaries approach the various coverage mandates, it is clear that the future is not without risk of litigation, say attorneys with Proskauer Rose LLP.

  • Did The Court Get The Oracle Analysis Right?

    David Makman

    The Northern District of California's opinion in Oracle America Inc. v. Google Inc. is suprising given that there was direct copying and that the threshold of originality required for a work to qualify as copyrightable has traditionally been so low that the application programming interfaces almost certainly qualified as sufficiently original to be protected by copyright, says David Makman of the Law Offices of David A. Makman.

  • Facing CFIUS: Better Safe Than Sorry

    George Wang

    The Committee on Foreign Investment in the United States recently blocked yet another acquisition involving Chinese investors. Any foreign companies looking to invest in the U.S. should be wary of the scrutiny they may confront, and determine whether CFIUS review is likely, say George Wang and Yelena Kotlarsky of Haynes and Boone LLP.

  • A Closer Look At ING's $619M Settlement

    Ed Krauland

    ING Bank NV's $619 million fine to settle criminal charges is the largest ever against a financial institution in connection with an investigation into U.S. sanctions violations and related offenses. The enforcement action is also notable in several other respects, say attorneys with Steptoe & Johnson LLP.