Top News

  • May 27, 2016

    5th Circ. Revives Enviros' $641M Exxon Pollution Suit

    Exxon Mobil Corp. will have to face a $641 million suit brought by environmentalists over emissions at its Baytown, Texas, refinery, the Fifth Circuit said Friday in an opinion that panned portions of the trial court’s ruling in Exxon's favor as “irreconcilably inconsistent.”

  • May 27, 2016

    Legal Saga Over $38B ETE, Williams Deal Heats Up

    The legal saga over Energy Transfer Equity LP’s and The Williams Cos. Inc.’s troubled $37.7 billion merger reached the boiling point Friday, with ETE revealing a counterclaim in Delaware state court that contends Williams is actually the one delaying the deal and argues it should be allowed to abandon merger. Here, a Law360 interactive graphic recaps the many twists since Williams spurned ETE’s advances last summer.

  • May 27, 2016

    Atlantic City Bailout Bills Win NJ Gov.'s Approval

    New Jersey Gov. Chris Christie on Friday signed legislation that would help Atlantic City recover from a crippling financial spate of poor gambling revenue and successful tax appeals, ending fears that a legislative stalemate would drive the city into insolvency.

  • May 27, 2016

    Google Wins Patent Trial Over Earth Mapping Tech

    A Delaware jury determined Friday that the technology used by Google Earth to display refined images of the planet does not infringe the patent of a German tech company and found the patent to be invalid over prior art.

  • May 27, 2016

    Renco Bondholder Suit Aims To Thwart $211M Judgment

    Business magnate Ira Rennert's Renco Group Inc. filed a lawsuit Friday in New York that seeks to thwart bondholders’ ability to collect on a $211 million judgment over allegations that Rennert and his investment holding firm helped drive the company’s magnesium production unit MagCorp into bankruptcy.

  • May 27, 2016

    New Tribal Constitution Moots Election Suit, 9th Circ. Says

    The Ninth Circuit on Friday tossed a suit by former leaders of California's Timbisha Shoshone Tribe that challenged the U.S. Department of the Interior's decision to recognize a new tribal council, ruling that the tribe’s recent adoption of a new constitution with revised membership requirements mooted the appeal.

  • May 27, 2016

    Dewey's DiCarmine Taps Seward & Kissel, Drops Pro Se Plans

    Former Dewey & LeBoeuf LLP executive director Stephen DiCarmine on Friday dropped his longtime counsel at Bryan Cave LLP in favor of Seward & Kissel LLP, for a coming retrial over a purported scheme to con the law firm’s financial backers out of tens of millions of dollars before it collapsed in 2012.

  • May 26, 2016

    Thiel's Gawker Crusade Belies Business Of Litigation Funding

    Paypal co-founder Peter Thiel's admission this week that he secretly bankrolled Hulk Hogan's sex-tape lawsuit against Gawker has thrown a spotlight onto third-party litigation funding, though industry experts say the billionaire's personally motivated patronage differs dramatically from how the business typically operates.

  • May 26, 2016

    FDA OKs Buprenorphine Implant To Treat Opioid Addiction

    The U.S. Food and Drug Administration on Thursday approved Probuphine, an implant that provides buprenorphine to treat opioid addiction in six-month stretches, as an alternative to the now-available daily pill or dissolvable film.

  • May 26, 2016

    Google Beats Oracle's $9B Copyright Suit With Fair Use Win

    Google won a high-profile jury verdict Thursday that its use of Oracle’s copyrighted Java software code in its Android mobile operating system was protected by the fair use doctrine, clearing the company of liability that could have reached $8.8 billion.

  • May 26, 2016

    Indiana University Sues To Block State Fetal Tissue Law

    Indiana University on Wednesday asked a federal court to block a recent state law that criminalizes the sale or transfer of tissue from an aborted fetus, calling the law “unconstitutionally vague” since it affects research work at the school.

  • May 26, 2016

    EU Moves Toward Regulating Virtual Currencies, Blockchain

    The European Parliament on Thursday took a big step toward regulating virtual currencies like Bitcoin and backed the creation of a new task force to study the technology that could transform financial services.

  • May 26, 2016

    Fla. High Court Upholds Tax On Florist's Interstate Orders

    The Supreme Court of Florida on Thursday upheld the constitutionality of a sales tax imposed on florists for out-of-state deliveries after it quashed a lower appeal court’s decision holding the tax impermissibly burdens interstate commerce.

  • May 26, 2016

    $240M ACA Suit Against Goldman, Paulson Looks Trial-Bound

    A Manhattan judge said Thursday that bond insurer ACA Financial Guaranty's $240 million fraud suit against Goldman Sachs and hedge fund Paulson & Co. over a home mortgage debt security was almost certainly headed for trial, and prodded the sides to settle before untold additional lawyering dollars go down the drain.

  • May 25, 2016

    Gibson Dunn DQ'd As McDermott Rep In Malpractice Row

    Gibson Dunn & Crutcher LLP was disqualified Wednesday from representing McDermott Will & Emery LLP and an estate planning partner in two legal malpractice actions in California state court after the judge said its use of a privileged document could affect “the integrity of these judicial proceedings.”

  • May 25, 2016

    Faulty Troubleshooting Hurt Citi In CFTC Benchmark Probe

    The U.S. Commodity Futures Trading Commission’s $425 million package of benchmark-manipulation settlements with Citibank and affiliates shows that the bank had some lapses in its effort to root out the alleged trader misconduct, potentially adding to its future legal headaches, experts say.

  • May 25, 2016

    Texas, 10 Others Sue Over Obama's Trans Bathroom Guidance

    Texas Attorney General Ken Paxton announced Wednesday that Texas has been joined by 10 other states in its push against an Obama administration directive to allow transgender students to use the bathroom that matches their gender identity, filing an official lawsuit challenging the rule in Texas federal court Wednesday.

  • May 25, 2016

    Evaporated Cane Juice Labels False And Misleading, FDA Says

    The U.S. Food and Drug Administration on Wednesday said that describing sweeteners made from sugar cane on food labels as “evaporated cane juice” is false or misleading, since it suggests that the sweetener is juice from a vegetable or fruit.

  • May 25, 2016

    Citibank To Pay CFTC $425M Over Benchmark Manipulation

    The U.S. Commodity Futures Trading Commission said on Wednesday that it has struck two deals with Citibank NA and affiliates totaling $425 million to end allegations that the bank manipulated the Japanese and British interbank offered rates, as well as a global benchmark for interest rate products.

  • May 24, 2016

    AB InBev's EU Fix Shows Merging Giants Must Pick Battles

    The European Commission's Tuesday approval of AB InBev's $100 billion merger with SABMiller comes with a tough remedy that essentially blocks the brewing giants from combining their European businesses, demonstrating that companies in global megamergers might have to surrender on some fronts to win the broader antitrust war, experts say.

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.