Top News

  • March 9, 2017

    House Passes Class Action, Joinder Restriction Bills

    The Republican-controlled U.S. House passed a pair of litigation bills Thursday, aimed at making it more difficult to bring class actions and raising the hurdles to keeping suits in state courts, over Democratic objections the measures would hurt the public’s ability to keep companies’ abuses in check.

  • March 9, 2017

    Ex-Hunton Lawyer In Tears As Judge Refuses To Nix Charges

    A former Hunton & Williams LLP patent litigator broke down in tears Thursday when a federal judge in Brooklyn refused to dismiss charges that he shared insider knowledge of Pfizer Inc.'s plan to take over his then-client King Pharmaceuticals.

  • March 9, 2017

    GOP ACA Repeal Bill Clears First Committees

    The American Healthcare Act, Republican congressional leaders’ plan to repeal the Affordable Care Act, cleared its first major hurdle Thursday as two committees approved the plan for a major overhaul of the nation’s health care system.

  • March 9, 2017

    Immigration Ban Could Keep US From Hosting World Cup

    FIFA President Gianni Infantino on Thursday said that an immigration ban for people from several Muslim-majority countries could hurt the U.S.’ chances of winning a bid to host the 2026 World Cup.

  • March 9, 2017

    Trump Hotel’s Ties To White House ‘Unfair,’ DC Eatery Says

    A D.C. restaurant and bar has sued President Donald Trump to force him to relinquish his stake in the Trump International Hotel, claiming that Trump’s association with the brand amounts to “unfair competition” and has diverted customers eager to please his administration.

  • March 9, 2017

    Home Depot To Pay $25M To Settle Banks' Data Breach Claims

    Home Depot has agreed to pay $25 million and strengthen its data security practices to resolve a putative class action brought by financial institutions after a 2014 data breach that compromised 56 million credit and debit card numbers, according to documents filed in Georgia federal court late Wednesday.

  • March 8, 2017

    Exposed CIA Tactics Open Doors For Non-Gov't Hackers

    In the wake of Wikileaks’ exposure Tuesday of the Central Intelligence Agency’s sophisticated spying methods, privacy and data security attorneys say companies and individuals are now in a race to maintain what little protection they have against hackers that may soon hold a detailed playbook thanks to the jaw-dropping revelations.

  • March 8, 2017

    Frustrated Alsup Orders 'Shoot Out' In Comcast's Patent Row

    California's U.S. District Judge William Alsup, frustrated with litigation over whether Comcast infringed 13 OpenTV patents, said Wednesday he will order a litigation “shoot out” where each side offers only one claim that illustrates whether he should toss the case.

  • March 8, 2017

    Post-Halo, Toymaker MGA Hit With $2M In Fees, High Damages

    Toymaker MGA is stuck paying steep damages and about $2 million in attorneys’ fees in a game patent infringement suit after a Louisiana federal judge ruled Wednesday that, under Halo, the company’s conduct was “deplorable” enough to warrant the big price tag.

  • March 8, 2017

    MF Global Expert Relied On Old Rule In $2B PwC Fight

    MF Global’s expert witness in its $2 billion professional malpractice lawsuit against PricewaterhouseCoopers LLP said in cross-examination in New York federal court on Wednesday he relied on an old rule when he testified earlier that repurchased bonds must be listed on a balance sheet if the company could get an economic benefit from them.

  • March 8, 2017

    Bard Stent Grafts Don't Infringe Gore Patents, Jury Finds

    A Delaware federal jury of four men and four women determined Wednesday that an ultrathin stent graft device produced by C.R. Bard Inc. does not infringe a patent held by W.L. Gore & Associates Inc. and that the patent is invalid over prior art.

  • March 8, 2017

    9th Circ. Says Dodd-Frank Protects Non-SEC Whistleblowers

    A divided Ninth Circuit panel ruled Wednesday that the Dodd-Frank Act’s anti-retaliation protections extend to whistleblowers who haven’t reported to the U.S. Securities and Exchange Commission, widening a circuit split and affirming that a former Digital Realty Trust Inc. employee can sue over his termination.

  • March 8, 2017

    Ex-Atty Can't Ditch $70M Liability To Citigroup In 2nd Circ.

    The Second Circuit on Wednesday upheld the conviction of a former lawyer who helped a fraudster secure $126 million from Citigroup for a bogus mall deal, also affirming the $70 million restitution ordered against him despite past questions of whether the high amount makes the government look foolish.

  • March 8, 2017

    Watchdog Says Icahn Disclosures Fall Short Given Trump Role

    Government watchdog and consumer advocacy group Public Citizen urged Congress Wednesday to review the lack of lobbying disclosures from Carl Icahn and his affiliated investment vehicles, given the renowned activist investor’s influence as the special adviser to President Donald Trump on regulatory reform.

  • March 7, 2017

    Hawaii Becomes 1st State To Challenge New Immigration Ban

    The state of Hawaii, aided by a litigation team from Hogan Lovells, appears to be the first state to challenge President Donald Trump’s revised executive order banning people from six Muslim-majority countries from entering the United States, telling a Hawaii federal court it plans to file a temporary restraining order along with an updated complaint.

  • March 7, 2017

    Trump Taps Ex-Jones Day Partner For Solicitor General Post

    President Donald Trump on Tuesday announced his intent to nominate Noel Francisco, until recently a Jones Day partner and currently the acting solicitor general, to serve as the next U.S. solicitor general, confirming rumors that have swirled for weeks about his possible appointment.

  • March 7, 2017

    MF Global Tells Jury $2B PwC Botch Killed The Company

    PricewaterhouseCoopers had one job to do and botched it, destroying the credibility of MF Global in the marketplace, killing the company and causing $2 billion in damages, the bankrupt investment firm alleged Tuesday in opening arguments in New York federal court.

  • March 7, 2017

    Chicago Hospitals Cancel Merger After Loss To FTC In Court

    Chicago hospital systems Advocate Health Care and NorthShore University Health System say they are walking away from a proposed merger after an Illinois federal judge on Tuesday stopped them from finalizing the deal at the request of the Federal Trade Commission.

  • March 7, 2017

    9th Circ. Upholds Calif. Tribe's Groundwater Rights

    The Ninth Circuit on Tuesday affirmed a lower court ruling extending the Agua Caliente Band of Cahuilla Indians’ water rights to groundwater in the Coachella Valley, saying the federal government set those rights aside for the tribe when it created its reservation.

  • March 7, 2017

    US Wallops ZTE With $892M Penalty For Sales To Iran

    Chinese telecommunications giant ZTE Corp. will pay a total of $892 million to settle allegations that it made unlawful sales of sensitive technology equipment to Iran and North Korea in violation of U.S. sanctions, the Trump administration announced Tuesday.

Expert Analysis

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)

  • Coming Soon: The 3-D (And 4-D) Brief

    Martin Bienstock

    From e-discovery to attorney profitability, the technologies of the 21st century have had a major impact on legal practice. Yet the tech revolution has had surprisingly little impact on the form and content of legal briefs — the very bread-and-butter of many legal practices. This is about to change, according to Martin Bienstock of Weisbrod Matteis & Copley PLLC.

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Should Your Law Firm Move To The Cloud?

    Paul R. Kiesel

    Don't kid yourself into believing, currently, that cloud options are cheaper. Cost is not the justification for moving your law firm to the cloud, says Paul R. Kiesel, founder of Kiesel Law LLP and immediate past president of the Los Angeles Bar Association.

  • Leveraging Trial Strategies To Improve Your Negotiating Skills

    Audra Dial

    Just as with trial, early and thoughtful preparation for negotiations with an opponent are critical. Audra Dial, managing partner of Kilpatrick Townsend LLP's Atlanta office, shares five lessons from the heat of battle in trial that she believes can make you a better negotiator.

  • Old Skills, New Tricks: Opportunities For Law Librarians

    Cynthia Brown

    Just because we are dealing with bytes and not books does not change the staffing or need for expertise. The information being sorted and the questions being asked today are not ultimately that different from what might be seen as old-fashioned, traditional librarian work, says Cynthia Brown, director of research services at Littler Mendelson PC.

  • Reconciling The Practice With The Business Of Law

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    The tension between practicing law and managing the firm is giving way to the realization that the latter had been largely overlooked, meagerly funded, and often underappreciated, says Dr. James Bailey, a professor at George Washington University School of Business and the keynote speaker at the Legal Marketing Association Southeast conference in September.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.