Top News

  • March 5, 2015

    BREAKING: NJ Reveals $225M Deal With Exxon Over Refinery Pollution

    The New Jersey Attorney General's Office on Thursday publicly revealed details of a controversial $225 million settlement with ExxonMobil Corp. over environmental pollution from refinery operations in Bayonne and Linden and defended the deal that critics have said severely undervalues nearly $9 billion in alleged damages.

  • March 5, 2015

    Bank Of Beirut Fined £2M For Stalling UK Regulator's Inquiry

    The U.K.’s Financial Conduct Authority imposed a £2.1 million ($3.2 million) fine Thursday on Bank of Beirut for giving “misleading information” during FCA inquiries and blocked the bank from signing up new customers in high-risk areas for four months.

  • March 5, 2015

    Wachtell Guides AbbVie In $21B Pharmacyclics Buy

    Drugmaker AbbVie Inc. will pay $21 billion for Pharmacyclics Inc.,  the company announced Wednesday, a pickup that gives AbbVie, guided by Wachtell Lipton Rosen & Katz, access to one of the most promising cancer drugs on the market after a major deal-making flop last year.

  • March 4, 2015

    Kleiner VC Doerr Defends Pao’s Treatment In Sex Bias Trial

    Venture capital legend John Doerr on Wednesday defended his treatment of interim Reddit CEO Ellen Pao while she worked at Kleiner Perkins Caufield & Byers LLC, countering claims she faced sex discrimination with testimony that he poured resources into helping her improve before she was fired for performance reasons.

  • March 4, 2015

    Senate Falls Short On Keystone XL Veto Override

    The U.S. Senate fell short Wednesday on a vote to override a presidential veto on a bill approving TransCanada Corp.’s contentious Keystone XL pipeline, failing to attract the necessary two-thirds majority to support the measure.

  • March 4, 2015

    Justices Reverse CSX Fuel Tax Win, Remand To 11th Circ.

    The U.S. Supreme Court on Wednesday overturned an Eleventh Circuit ruling saying that an Alabama diesel fuel tax that applies to rail companies but exempts motor and water carriers is discriminatory, giving the state a chance to further explain the scheme and handing a loss to CSX Corp.

  • March 4, 2015

    Judge Koh Signs Off On $415M Apple, Google Anti-Poach Deal

    U.S. District Judge Lucy H. Koh on Tuesday formally signed off on a $415 million settlement in the antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing not to poach each others’ engineers, calling the revised settlement proposal a “substantial” payout.

  • March 4, 2015

    High Court Split On ACA Subsidy Challenge At Oral Args

    U.S. Supreme Court justices appeared split Wednesday over whether a provision in the Affordable Care Act allows tax subsidies for the 7.5 million eligible people who purchase health insurance on federal exchanges.

  • March 3, 2015

    Alabama Supreme Court Halts Same-Sex Marriage

    The Alabama Supreme Court on Tuesday ordered the state’s probate judges to stop issuing marriage licenses to same-sex couples despite a federal judge’s order to do so, ruling that the U.S. Constitution does not prevent it from administering state law.

  • March 3, 2015

    High Court Settles Only Part Of 'Amazon Tax' Debate

    Retailers scored a key victory Tuesday when the U.S. Supreme Court ruled that reporting requirements for Colorado’s “Amazon tax” law can be challenged in federal court, but the ruling may not have opened the litigation floodgates because it does not address a judicial doctrine that cautions federal courts against interfering with state fiscal operations.

  • March 3, 2015

    House Passes ‘Clean’ $40B DHS Funding Bill

    The U.S. House of Representatives agreed to concur with the Senate’s “clean” $39.7 billion bill funding the U.S. Department of Homeland Security on Tuesday, ending a weekslong standoff over a contentious immigration-related “rider” that had been attached to the bill.

  • March 3, 2015

    10th Circ. Revives $550M Barclays RMBS Suit

    The Tenth Circuit on Tuesday revived a National Credit Union Administration lawsuit alleging Barclays Capital Inc. misrepresented the quality of more than $555 million in residential mortgage-backed securities, finding that although the NCUA’s claims were filed too late, Barclays was precluded from having the suit tossed on those grounds.

  • March 3, 2015

    JPMorgan To Pay $50M In US Trustee Robo-Signing Settlement

    JPMorgan Chase & Co. on Tuesday agreed to a settlement valued at more than $50 million with the U.S. Department of Justice’s U.S. Trustee Program over allegations that one of its units engaged in robo-signing of mortgage documents, including payment change notices, among other problems.

  • March 3, 2015

    Justices Hand Federal Court Keys To Colo. 'Amazon Tax' Case

    In a win for retailers, the U.S. Supreme Court on Tuesday unanimously ruled that businesses can challenge reporting requirements in Colorado’s “Amazon tax” law without running afoul of the Tax Injunction Act, which bars federal courts from restraining state tax provisions, in a landmark decision that narrows the law’s scope.

  • March 2, 2015

    Judge Koh Nears OK Of $415M Apple, Google Anti-Poach Deal

    U.S. District Judge Lucy H. Koh on Monday signaled she would preliminarily approve a $415 million settlement to end the high-profile antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing not to poach each other’s software engineers, months after rejecting a $325 million deal as too small.

  • March 2, 2015

    Fed. Circ. Says Trademark 'Use' Needs More Than Advertising

    The Federal Circuit on Monday sided with Walt Disney Co. in its bid to cancel a man’s trademark registration on the name “Playdom,” issuing a precedential ruling that said a service mark is only “used” in commerce when the service has actually been rendered — not when it’s merely been advertised.

  • March 2, 2015

    5 Wild Cards At High Court's ACA Arguments

    The U.S. Supreme Court on Wednesday hears oral arguments on the future of Affordable Care Act tax credits, and experts say that justices may tip their hands by focusing on states' rights, worrying about consumers or fixating on a few words in the law. Here are five things to watch in King v. Burwell.

  • March 2, 2015

    Calif. High Court Reverses CEQA Exemption Decision

    The California Supreme Court on Monday said that a Bay Area developer could use an exemption under the California Environmental Quality Act to avoid undertaking an environmental impact report for a proposed 10,000-square-foot home in Berkeley, overturning an appeals court ruling that denied the exemption and could have broadened the reach of CEQA.

  • March 2, 2015

    High Court To Weigh Conspiracy In Police Kickback Scheme

    The U.S. Supreme Court has agreed to hear an appeal from a Baltimore police officer convicted for his role in a kickback scheme, who argues that in order to sustain a conspiracy charge, the government must allege the conspirators agreed to obtain property from someone outside the conspiracy.

  • March 2, 2015

    High Court Won't Hear Wellpoint Premium-Hike Class Action

    The U.S. Supreme Court on Monday declined to hear a proposed class action accusing Wellpoint Inc. of orchestrating an illegal plot to shave unhealthy policyholders from its rolls and force them to reapply for coverage with higher premiums after its 2001 merger with Rightchoice Managed Care Inc.

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.