Daily Litigation

  • Newman Wasn't At Fed. Circ. Conference, But She Was Invited

    U.S. Circuit Judge Pauline Newman's absence from Tuesday's Federal Circuit Judicial Conference was not due to a lack of invitation, contrary to initial comments from her lawyer, but the law isn't explicit about whether a suspended judge legally could have been excluded.

  • 'Excellent' Altria MDL Deal Earns Attys Fees Above Benchmark

    A California federal judge on Wednesday awarded $13.65 million in plaintiffs' attorney fees as part of tobacco giant Altria's $45.5 million deal resolving consumer claims in multidistrict litigation alleging the company helped fuel a youth vaping crisis created by e-cigarette maker Juul, saying the "excellent result" merited fees above the normal 25% benchmark.

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    Del. Justices Ask: Do Attys Get Thinner Slice Of $1B Dell Pie?

    A near record-breaking $266.7 million fee for stockholder attorneys who settled a Chancery Court class action against Dell Technologies Inc. for $1 billion had Delaware's Supreme Court raising questions Wednesday about how the state traditionally calculates attorney fee awards in large class action settlements.

  • Scott + Scott, Schall To Rep Investors Against Bike Parts Co.

    Scott + Scott Attorneys At Law LLP and the Schall Law Firm will represent a proposed class of investors in Georgia bicycle parts maker Fox Factory Holding Corp. in a suit alleging the company hurt investors by concealing slumping sales and demand.

  • Sports Atty Settles Spat With Colo. Youth Hockey Org

    The Colorado Amateur Hockey Association and a lawyer who's also an agent for professional athletes told a state court judge in Denver on Wednesday that they've resolved their dispute over the termination of the attorney's contract, before a trial that was scheduled to begin next week.

  • Law Firm Urges Reversal Of Malpractice Arbitration Award

    The Ferraro Law Firm urged a Florida appeals court Wednesday to reverse a trial court order upholding a $1.5 million arbitration award against it over alleged malpractice, arguing that its opponent and former client improperly got a successor trial judge to reverse course after the first one vacated the arbitration ruling.

  • Colo. Law Firm Settles Bad Faith Suit Against Insurer

    A personal injury firm has notified a Colorado federal court it has reached an agreement with its insurer in a coverage dispute over litigation costs from another suit against a former attorney accused of trying to lure away the firm's class action department after her departure.

  • $2.5M Atty Sanctions Ruling Befuddles 7th Circ. Judge

    A Seventh Circuit judge seemed perplexed Wednesday over how to resolve the "interesting mess" he said a district court created by sanctioning a Chicago attorney $2.5 million for taking the wrong artist to trial despite that district judge letting the case proceed in the first place. 

  • Monsanto's $23M False Ad Deal Challenged At 9th Circ.

    Counsel representing a certified class of Missouri consumers urged the Ninth Circuit on Wednesday to reverse Monsanto's nationwide $23 million settlement resolving consumer false ad claims over risks associated with its Roundup weedkiller, arguing that Monsanto hid the settlement from the Missouri plaintiffs and that the class is effectively "getting absolutely nothing."

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    Tesla Fires Back At Claims It Bullied Retired Law Professor

    Tesla has pushed back against allegations that it tried to bully a retired law professor out of weighing in on an investor suit over CEO Elon Musk's $56 billion compensation plan, according to new filings in Delaware.

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    Parks Chesin, Eversheds Attys Join Atlanta's Krevolin & Horst

    Atlanta boutique law firm Krevolin & Horst LLC has brought on a former partner at the employment firm Parks Chesin & Walbert and a former Eversheds Sutherland associate to bolster its litigation practice and its corporate group, respectively.

  • 'Misconduct Bingo Card' Warrants $2M In Fees, Co. Says

    Cozy Comfort, maker of the Comfy sweatshirt featured on "Shark Tank," has asked for nearly $2 million in fees — and about $8 million in additional interest — in a suit where a jury found that Chicago hooded sweatshirt retailer Top Brand owed over $18 million for infringing design patents and trademarks.

  • Fired NC County Atty Launches Race Bias Suit

    A former Pitt County, North Carolina, government attorney has alleged in a federal lawsuit that the county manager's racial animus and the lawyer's concerns about contracting compliance got him fired after only 90 days on the job.

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    Schnader Harrison Moves To Halt Retirement Class Action

    Shuttered law firm Schnader Harrison Segal & Lewis LLP has urged a Pennsylvania federal judge to toss a former partner's proposed class claim the firm mismanaged employee retirement money, saying the complaint misclassifies the firm's payments to the retirement fund.

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    Fees Sought For Missed Depo During Atty's Solar Eclipse Trip

    In following up on a Florida federal judge's sanctioning of a lawyer whose client missed a deposition while the attorney was solar eclipse viewing, AAA is asking the court to award it more than $7,800 in fees and costs as it fights a gender discrimination lawsuit.

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    Paul Weiss Establishes Center To Combat Hate

    Paul Weiss Rifkind Wharton & Garrison LLP announced Wednesday that it has launched the Center to Combat Hate, an organization that will partner with civil rights groups and educational institutions to use litigation in tackling violence and intimidation driven by hate.

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    NJ Firm Picks Up An Ex-NPE Patent Litigator

    A small New Jersey firm has hired a longtime patent litigator from the "nonpracticing entity" trenches, who tells Law360 that he's since sworn off "NPE work," because it's become too hard to make money from those cases.

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    Winston & Strawn Adds Buchalter IP Atty As Trademarks Lead

    Global firm Winston & Strawn LLP has hired a Buchalter PC attorney to bolster its intellectual property practice and lead its global trademark prosecution and counseling efforts.

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    Spencer Fane Adds Another Hopkins & Carley Atty In Calif.

    Spencer Fane LLP has hired another attorney from Hopkins & Carley who has spent nearly the entirety of her more than 30-year career with her former firm, and most recently helped lead its litigation department, according to a recent announcement.

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    Philly Landlord Settles Paralegal Assault Case For $6M

    The landlord of a Philadelphia office tower will pay $6 million to settle a suit claiming that negligent security allowed a man to sneak into the building and sexually assault a paralegal at a small law firm working upstairs, according to the plaintiff's attorneys.

  • 5th Circ. Nixes Catholic Abuse Claimants' Ch. 11 Appeal

    Sex abuse claimants removed from a Catholic archdiocese's bankruptcy unsecured creditors committee don't have grounds for an appeal because they couldn't show the removal was a sanction on them that cost the claimants anything, the Fifth Circuit said.

  • Gunster Data Breach Affected 9K Clients' Data, Suit Says

    A former client of Gunster Yoakley & Stewart PA has filed a proposed class action in Florida federal court, alleging the law firm's weak cybersecurity systems allowed outsiders to access clients' personal and sensitive health information and that the firm waited over a year to inform those affected.

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    Venable Opens Colo. Office With 8 Sherman & Howard Attys

    Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.

  • Ga. DA Asks Justices To Dismiss Open Records Suit

    A Georgia district attorney on Tuesday urged the Supreme Court of Georgia to overturn a trial court's denial of her motion to dismiss a lawsuit accusing her of illegally withholding records and destroying others in an effort to avoid disclosure, arguing district attorneys are exempt from Georgia's Open Records Act.

  • Bedsheet Buyer Attys Clinch $3.5M Fee For Macy's Deal

    Lawyers representing a class of consumers that accused Macy's of lying about the thread count of its sheets will get $3.5 million as part of a $10.5 million settlement with the retailer, an Ohio federal judge ruled, but gave the lead plaintiffs a pittance, saying they did not work hard enough to get more.

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Expert Analysis

  • Increasing Public Access To Legal Services: A Practical Plan Author Photo

    Recommendations recently issued by a special committee of the Florida Bar represent a realistic, pragmatic approach to increasing the accessibility and affordability of legal services, at a time when the disconnect between the legal profession and the public at large has widened considerably, says Gary Lesser, president of the Florida Bar.

  • Priorities For Improving The Legal Industry In Texas Author Photo

    To assist Texas lawyers in effectively executing their duties, we should be working on succession planning, attorney wellness, and increasing understanding of the grievance system by both bar members and the public, says Laura Gibson, president of the State Bar of Texas.

  • Leading Your Law Firm's Creation Of A New Practice Group Author Photo

    Marjorie Peerce and Peter Jaslow at Ballard Spahr discuss the challenges of building a new law firm practice group from the ground up, and how sustained commitment, communication and collaboration are the key ingredients for success.

  • Series

    Ask A Mentor: How Do I Relay Shortcomings To Associates? Author Photo

    Michael Cohen at Duane Morris discusses the best ways to articulate how an associate is not meeting expectations, and why documentation of performance management is crucial for their growth and protecting the firm from discrimination suits.

  • 10 Principles For Effective Partner Reward Systems Author Photo

    Several forces are reshaping partners’ expectations about profit-sharing, and as compensation structures evolve in response, firms should keep certain fundamentals in mind to build a successful partner reward system, say Michael Roch at MHPR Advisors and Ray D'Cruz at Performance Leader.

  • Why Interdisciplinarity Is Key To Designing The Future Of Law Author Photo

    The legal profession faces challenges that urgently demand new solutions, and lawyers and firms can address this by leaning on other industries that have more experience practicing, teaching and incorporating innovation into their core business and service models, says Jennifer Leonard at the University of Pennsylvania.

  • Incorporating ADA Guidance Into Lawyer Wellness Movement Author Photo

    The Americans with Disabilities Act and rules of professional conduct may help the legal profession promote lawyer well-being by focusing on mental conditions' actual impact, rather than on associated stereotypes, says Alex Long at the University of Tennessee College of Law.

  • Series

    Ask A Mentor: How Can New Partners Generate Business? Author Photo

    Christine Wong at MoFo discusses how newly elected partners can prioritize business development by creating a strategic plan with the firm's marketing team and strengthening relationships with professional and personal networks.

  • 9 Writing Tips From The Justices' Opinions Last Term Author Photo

    Hidden in the U.S. Supreme Court’s opinions from the last term are each justice’s talents for crafting choice turns of phrase, highlighting best practices for attorneys to jump-start their own writing, says Ross Guberman at BriefCatch.

  • What Web3 Means For Lawyers' Ethical Duties Author Photo

    As law firms embrace Web3 technologies by accepting cryptocurrency as payment for legal fees, investing in metaverse departments and more, lawyers should remember their ethical duties to warn clients of the benefits and risks of technology in a murky regulatory environment, says Heidi Frostestad Kuehl at Northern Illinois University College of Law.

  • NY's Cybersecurity CLE Rule Is A Sign Of Changing Times Author Photo

    New York's recently announced requirement that lawyers complete cybersecurity training as part of their continuing legal education is a reminder that securing client information is more complicated in an increasingly digital world, and that expectations around attorneys' technology competence are changing, says Jason Schwent at Clark Hill.

  • Opinion

    Law Firms Stressing Work-Life Balance Are Missing The Mark Author Photo

    Law firms struggling to attract and retain lawyers are institutionalizing work-life balance through hybrid work models, but such balance is elusive in a client services and tech-dependent world, underscoring the need for firms to instead aim for attorney empowerment and true balance within — not outside — the workplace, says Joe Pack at Pack Law.

  • A Law Student's Guide To Thriving As A Summer Associate Author Photo

    Summer associates are expected to establish a favorable reputation and develop genuine relationships in a few short weeks, but several time management, attitude and communication principles can help them make the most of their time and secure an offer for a full-time position, says Joseph Marciano, who was a 2022 summer associate at Reed Smith.

  • Burnout Prevention Requires Effort From Attys And Firms Author Photo

    To avoid physical and emotional exhaustion, attorneys must respect their own and their colleagues' personal and professional boundaries, but law firms must also play a role in discouraging burnout culture — especially if they are struggling with attorney retention, say attorneys at Lowenstein Sandler.

  • How I Owned My Power As An Asian American Woman In Law Author Photo

    Gibson Dunn's Debra Yang shares the bumps in her journey to becoming the first female Asian American U.S. attorney, a state judge and a senior partner in BigLaw, and how other women can face their self-doubts and blaze their own trails to success amid systemic obstacles.

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