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The Litigation Daily
Updated: 4 min 21 sec ago

The Finality Trap: When 'Without Prejudice' Is Actually Prejudicial

4 hours 43 min ago

Litigators should be aware of the prevailing law in their respective jurisdictions before dismissing claims without prejudice with the aim of securing a final, appealable judgment.


How Late-Night Police Stops as a Teenager Shaped Washington Chief Justice Steven González's Approach to Judging

12 hours 12 min ago

"Are you going to maintain that fiction as a judge that people who are detained and questioned were actually free to leave?" the chief justice asked rhetorically to an audience of new and aspiring judges Monday.


Litigation Leaders: Top Litigators at Jones Day Aim to 'Make Up for Lost Opportunities' for In-Person Engagement

Mon, 10/25/2021 - 08:30

"This is true not only for those lawyers who joined us in 2019 and 2020, but also true for lawyers who joined in prior years and planned to spend their mid-level associate years in court, in face-to-face depositions, in actual war-rooms hashing out trial strategy and huddling with clients and...

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Litigators of the Week: Cooley and Mayer Brown Team to Win Oculus Rift Ownership Dispute for Palmer Luckey and Facebook

Fri, 10/22/2021 - 08:30

A team led by Michael Rhodes at Cooley and Lauren Goldman at Mayer Brown fought off a $400 million claim at trial in an ownership dispute brought by a Hawaii partnership that hired Luckey to build a prototype of a head-mounted 3D camera around the same time he was developing the first version of...

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Litigator of the Week Runners-Up and Shout Outs

Fri, 10/22/2021 - 08:25

Runners-up this week include Willkie Farr & Gallagher, Sidley Austin, and Sullivan & Cromwell.


Schulte Joins Lawsuit Challenging Oklahoma's Law Targeting Critical Race Theory

Thu, 10/21/2021 - 08:30

A spokesperson for the governor called the suit part of "activist groups attempt to come into Oklahoma and challenge our laws and our way of life." Schulte's Gary Stein said that sort of "ad hominem attack" was "scary," but "reflects the fact that there may not have been much of a defense on the...

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Squire Patton Boggs Litigator and Supply Chain Expert Sarah Rathke on the 'Mess All Over the System'

Wed, 10/20/2021 - 08:30

"The disputes are percolating, but overwhelmingly people are not yet sure that their damages have fully settled out so that they can articulate a full claim," says the Cleveland-based litigator, who co-wrote a book on how to avoid and defend supply chain disputes.


Big Peepin': Jay-Z's Lawyer at Quinn Emanuel Hires Private Investigator In Scrum Over Witness's In-Person Testimony

Tue, 10/19/2021 - 08:30

Jay-Z's lawyer Alex Spiro filed a declaration from an investigator who purported to surveil the often maskless meanderings of a former president of a perfume company who cited COVID concerns while seeking to testify remotely in a trial accusing the rap mogul of failing to adequately promote the...

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What PR Pros Wish Litigators Knew About Interacting With the Media

Mon, 10/18/2021 - 08:30

We offered five public relations professionals the opportunity to speak anonymously so they could give litigators their candid feedback about how well they deal with the media. Here's what they had to say.


Litigators of the Week: T-Mobile Turns to Wilmer to Put the Kibosh on Cox Communications' Wireless Launch with a Rival

Fri, 10/15/2021 - 08:30

After a five-day in-person bench trial in August, Delaware Vice Chancellor Morgan Zurn last week found Cox "promised that if it wanted to go to the wireless services dance, it would go with Sprint," which has merged with T-Mobile.


Litigator of the Week Runners-Up and Shout Outs

Fri, 10/15/2021 - 08:25

Runners-up this week include teams from Reid Collins & Tsai, Kasowitz Benson Torres, and Hogan Lovells partner and #appellatetwitter regular Sean Marotta.


How Law Firms' Hybrid Work and New Office Arrangements Impact Questions of Attorney-Client Privilege

Thu, 10/14/2021 - 08:30

Speaking at Reed Smith's second annual virtual global disputes conference, partners Janet Kwuon, Peter Kennedy and George Brown laid out some practical tips for lawyers trying to maintain privilege in the age of working from your dining room table and office hoteling.


Litigator of the Week Runners-Up and Shout Outs

Thu, 10/14/2021 - 08:25

Runners-up this week include teams from Reid Collins & Tsai, Kasowitz Benson Torres, and Hogan Lovells partner and #appellatetwitter regular Sean Marotta.


Mayer Brown and the Curious Case of the Sentence Commutation That Wasn't (Quite Yet)

Wed, 10/13/2021 - 08:30

Lawyers at Mayer Brown claim that last December former President Donald Trump commuted multiple life sentences their client, former hip hop mover and shaker James Rosemond, was serving. One big problem: Apparently no one informed the warden of the West Virginia prison where Rosemond is still...

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Litigator of the Week: The Greenberg Traurig Lawyer Who Freed Britney

Fri, 10/08/2021 - 08:30

Mathew Rosengart, who has been dubbed 'Rosengod' by certain fans of Britney Spears, last week got a ruling suspending and removing the pop icon's father as conservator of her estate, a position that had given him an outsized role in her life and finances for a decade-plus.


An Absolutely Stacked Week of Litigator of the Week Runners-up and Shout Outs

Fri, 10/08/2021 - 08:25

Topping the list of runners-up is the trial team that scored a defense win for Monsanto in a Roundup trial in Los Angeles.


The New President of the American College of Trial Lawyers Talks Shop on Judicial Independence and COVID-Era Justice

Thu, 10/07/2021 - 08:30

Michael O'Donnell, the chair of Denver-based Wheeler Trigg O'Donnell, became the 72nd president of the American College of Trial Lawyers last weekend.


Harnessing Big Law's Desire to Take on Racial Justice Issues to Make a Dent in the Oncoming Eviction Avalanche

Wed, 10/06/2021 - 08:30

David Lash of O'Melveny & Myers said establishing the link between "housing justice and racial justice" has been key in getting pro bono lawyers geared up to handle tenants' cases as pandemic eviction moratoriums wind down.


Litigation Leaders: Carol Goodman Aims to Keep Growing Herrick's Employment and New York Real Estate Disputes Practices

Mon, 10/04/2021 - 08:30

"Our pre-eminence in the New York courts is recognized as a powerful asset for clients, and we are often retained by major international law firms with local offices of their own that nonetheless seek us out as co-counsel for high-stakes litigation filed in New York courts," says Goodman, the...

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Litigators of the Week: Susman Godfrey Fends Off Long-Pending $3.89B Suit from Puerto Rico's Electric Utility for Vitol

Fri, 10/01/2021 - 08:30

In a case that was originally filed in Puerto Rico in 2009, Alex Kaplan, Neal Manne and Weston O'Black of Susman Godfrey got a ruling knocking out claims brought on behalf of the Puerto Rico Electric Power Authority and awarding $28.4 million plus interest on Vitol's counterclaim.