Top News

  • February 10, 2016

    Ex-Bryan Cave Atty Admits Threat To Murder Ex-Coworker

    A former Bryan Cave LLP attorney admitted in Missouri federal court on Wednesday that he threatened to kill a former co-worker at the firm during a 2013 phone call, according to court filings and news reports.

  • February 10, 2016

    Eyes On High Court As Fed. Circ. Again Limits AIA Appeals

    The Federal Circuit on Wednesday shut down another argument that would have effectively permitted an end-run around a rule barring appeals of institution decisions in America Invents Act reviews, shifting attention to the U.S. Supreme Court, which will soon hear a case that could permit such appeals.

  • February 10, 2016

    Embattled AG Kane Survives Ouster Vote In Pa. Senate

    A move to oust Pennsylvania Attorney General Kathleen Kane, whose law license has been suspended in the wake of criminal charges, failed to garner the required two-thirds majority in an initial vote in the state’s Senate on Wednesday.

  • February 10, 2016

    Judge In GM Ignition Switch MDL Won't Unseat Hilliard

    The New York federal judge presiding over multidistrict litigation over General Motors' deadly ignition switch defect on Wednesday shot down a plaintiffs attorney's bid to eject co-lead counsel Robert C. Hilliard of Hilliard Munoz Gonzales LLP from the litigation, saying that the "sometimes wild" accusations of impropriety are meritless and backed by scant evidence.

  • February 10, 2016

    Healthy Marlboro Smokers In Mass. Denied Lung Screening

    Cigarette giant Philip Morris USA need not pay for annual lung screenings for a large class of currently healthy Marlboro smokers, a Massachusetts federal jury decided Wednesday, according to a Philip Morris spokesman.

  • February 10, 2016

    AIA Reviews Don’t Need To Eye Whole Patents, Fed. Circ. Says

    The Federal Circuit on Wednesday gave its blessing to the Patent Trial and Appeal Board’s policy of conducting partial reviews of patents challenged in America Invents Act inter partes review petitions, rejecting Synopsys Inc.’s argument that the board must review all of the challenged claims.

  • February 10, 2016

    J&J Hit With $13.5M Verdict In 2nd Philly Pelvic Mesh Trial

    A Philadelphia jury returned a $13.5 million verdict against a Johnson & Johnson unit on Wednesday in a case over allegations that the company’s faulty pelvic mesh implants left a woman with near constant pain and discomfort and an inability to have sex.

  • February 10, 2016

    CFTC, Europe Hatch Accord On Clearing Rules

    U.S. and European derivatives regulators on Wednesday announced a long-awaited plan to harmonize key regulations concerning the central clearing of swaps agreements and other instruments, settling years of intense negotiations in which the future of cross-border derivatives trading was at stake.

  • February 9, 2016

    FDA Panel OKs Celltrion Biosimilar Of Janssen's Remicade

    After a grueling debate, an independent panel on Tuesday advised the U.S. Food and Drug Administration to approve Celltrion’s copy of Janssen Biotech’s blockbuster immunosuppressant Remicade, the latest step forward for the emerging biosimilars industry.

  • February 9, 2016

    Supreme Court Stays EPA's Clean Power Plan

    The U.S. Supreme Court on Tuesday blocked the implementation of the U.S. Environmental Protection Agency’s Clean Power Plan while it's being challenged in court, dealing a significant defeat to the Obama administration’s efforts to defend the controversial rule slashing carbon emissions from existing power plants.

  • February 9, 2016

    Pa. Lawmakers Urge Congress To Drop Sports Betting Ban

    A Pennsylvania House of Representatives resolution urging Congress to overturn the federal ban on sports betting passed overwhelmingly through committee Tuesday.

  • February 9, 2016

    Kirkland Can't Collect Fee Fight Costs In Samson Ch. 11

    A Delaware bankruptcy judge on Monday refused to allow Kirkland & Ellis LLP and Klehr Harrison Harvey Branzburg LLP to seek reimbursement from Samson Resources Corp. for any expenses from defending their fees, noting a recent Delaware decision blocked similar cost requests.

  • February 9, 2016

    Defense Attys Support Blackwater Guards In DC Circ. Appeal

    The National Association of Criminal Defense Lawyers on Monday threw its weight behind four former Blackwater guards' efforts to overturn their convictions from a 2007 shooting in Iraq, telling the D.C. Circuit the case is rife with "prosecutorial overreaching and vindictiveness."

  • February 9, 2016

    DC Circ. Orders Court To Take On Medicare Appeals Backlog

    The D.C. Circuit on Tuesday said a district court has jurisdiction to order the U.S. Department of Health and Human Services to cut down a massive backlog of disputed Medicare claims following complaints by the American Hospital Association.

  • February 9, 2016

    Monsanto To Pay $80M SEC Penalty Over Roundup Accounting

    Monsanto Co. has agreed to pay an $80 million penalty and retain an independent consultant to settle charges it violated accounting rules and misstated earnings related to its flagship Roundup herbicide, the Securities and Exchange Commission announced Tuesday.

  • February 9, 2016

    US Bank, Santander Pay $13M To Exit OCC Mortgage Penalty

    U.S. Bank and Santander Bank on Tuesday agreed to pay a combined $13.4 million to get out from under restrictions on their mortgage operations imposed by the Office of the Comptroller of the Currency.

  • February 9, 2016

    Fortis To Buy Electric Transmission Co. ITC In $11.3B Deal

    Fortis will buy ITC Holdings, the largest independent electric transmission company in the U.S., in a deal worth $11.3 billion, including debt, as the Canada-based electric and gas utility continues its push for growth, the companies announced Tuesday.

  • February 8, 2016

    Kaye Scholer Atty Taps Gupta Prosecutor In Shkreli Case

    The Kaye Scholer LLP partner charged with securities fraud alongside pharma bad boy Martin Shkreli has enlisted a Gibson Dunn partner who was the lead prosecutor in Rajat Gupta’s insider trading trial and who also helped convict hedge fund boss Raj Rajaratnam, according to New York federal court documents.

  • February 8, 2016

    Lehman Gets Nod On $1.4B JPMorgan Settlement

    A New York bankruptcy judge on Monday approved a $1.42 billion settlement to resolve most litigation between Lehman Brothers Holdings Inc. and JPMorgan over transactions that occurred in the runup to Lehman’s 2008 bankruptcy.

  • February 8, 2016

    Cliffs To Pay $84M To End Investor Suits Over Troubled Mine

    Cliffs Natural Resources Inc. has agreed to pay $84 million to settle a shareholder lawsuit in Ohio federal court and similar state-court suits alleging the company's former officers misled investors about the financial effect of its purchase of a Canadian iron mine, the company announced Sunday.

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.