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The Litigation Daily
Updated: 8 min ago

Litigation Leaders: Simpson Thacher's Jonathan Youngwood on Building a High Talent, Low Ego Litigation Culture

Mon, 04/19/2021 - 08:30

Youngwood, the global co-chair of the firm's litigation department, says that the firm culture "not only makes Simpson Thacher a great place to practice law, but also provides our clients a team with a distinct advantage collaborating on solutions and sharing information and resources is natural...

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Judiciary Panel Offers Early Support to Tougher Amicus Disclosure Rules

Fri, 04/16/2021 - 22:01

A subcommittee formed by the federal Advisory Committee on Appellate Rules said a push to provide greater transparency about amicus briefs raises "important and complex issues that deserve further investigation and consideration."


New York Chief Judge Didn't Disclose Greenberg Traurig Connection During Arguments, Raising Questions

Fri, 04/16/2021 - 17:42

At the time of the arguments in early January, Chief Judge Janet DiFiore was being represented by a separate attorney from Greenberg Traurig in two lawsuits over the court system's decision to force out dozens of older judges.


Litigators of the Week: This Kirkland/Harvard Law Team Vindicated a Fired Cop Who Intervened When a Colleague Used Excessive Force

Fri, 04/16/2021 - 08:30

Neil Eggleston and Sarahi Constantine Padilla of Kirkland & Ellis and Ronald Sullivan Jr. and Intisar Rabb, both professors at Harvard Law School, took on the case of former Buffalo police officer Cariol Horne, who was fired less than one year shy of receiving her 20-year pension.


A Two-Week Mega-Dose of Litigator of the Week Runners-Up and Shout Outs

Fri, 04/16/2021 - 08:25

Our runners-up this week are highlighted by a Latham team who landed a $1.8 billion settlement for electric vehicle battery maker LG Energy Solution in its trade secret showdown with SK Innovation, a settlement that was praised by the White House.


Fox Rothschild Partner Pushes Back Against Florida Court's Mask Mandate

Thu, 04/15/2021 - 16:30

It will be up Florida's Third District Court of Appeal to decide whether to hear a petition raising due process concerns about requiring witnesses to wear masks on the stand during in-person proceedings in Miami-Dade Circuit Court.


In-House Litigation Leaders: Dominion Energy GC Carlos Brown Wants Litigators Thinking About Him More Than He Thinks About Them

Thu, 04/15/2021 - 08:30

"If the only time I know you're thinking about my case is when I'm calling you, then you're probably not the kind of lawyer I want and you're probably not the kind of lawyer I'm going to use again."


How Quinn Emanuel Persuaded an E.D. Texas Jury to Award Nothing in a Patent Case

Wed, 04/14/2021 - 17:18

Partner Sean Pak says his team trusted jurors to understand complex AI technology and took care to fully integrate local counsel into the trial over digitized key duplication.


DOJ Disclosure Shows Elizabeth Prelogar's $2M Cooley Compensation

Wed, 04/14/2021 - 17:08

In addition to showing $2.03 million in partnership share, the financial disclosure from Elizabeth Prelogar, now the acting U.S. solicitor general, revealed a $100,000 payment from Cooley that was described as a "transition" compensation on entering the firm partnership, as well as advisory work...

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New York Court System Changes Course on Ousted Older Judges

Wed, 04/14/2021 - 15:38

Chief Judge Janet DiFiore, in a video statement, encouraged the older judges who were not certificated to renew their applications.


The Quandary for Judges Who Want To Get Better at Their Jobs: 'We Don't Get Feedback Naturally. It Just Doesn't Happen.'

Wed, 04/14/2021 - 08:30

How do you get honest feedback when everybody around you is trying to curry favor with you or works for you?


The Outsized Importance of Those First Few Seconds Before a Jury

Tue, 04/13/2021 - 08:30

David Mann, a speaker, trainer, and professional actor/director who works with lawyers on trial communication strategies, says that you get only about 30 seconds of a jurors' attention for free. After that you have to earn it.


Morgan Lewis Partner Kenneth Polite Tapped to Lead DOJ Criminal Division

Mon, 04/12/2021 - 18:22

Polite, who was appointed by President Obama as U.S. attorney for the Eastern District of Louisiana, joined Morgan Lewis in 2018 in Philadelphia.


Amateurism Is Not a Horizontal Price Fix: Reflections on the Recent SCOTUS NCAA Argument

Mon, 04/12/2021 - 18:11

Gregory L. Curtner, an antitrust litigator at Riley Safer Holmes & Cancila who has represented the National Collegiate Athletic Association in many matters, makes the case that courts are not designed to micromanage joint ventures like the NCAA under the guise of the antitrust laws.


Kathaleen McCormick Tapped to Be Next Chancellor and First Woman to Lead Court of Chancery

Mon, 04/12/2021 - 12:16

Lori W. Will, currently a partner in Wilson Sonsini Goodrich & Rosati's Wilmington office focusing on corporate, commercial and federal securities litigation, was picked to replace McCormick as vice chancellor.


Dominion Energy GC: 'Lawyers Sometimes Have the Myopic View That the Company Cares About Litigation and That's Not True.'

Mon, 04/12/2021 - 08:30

"Winning the fine point of the law frequently is immaterial to the client," says Carlos Brown, the general counsel of Dominion Energy, in our latest installment of In-House Litigation Leaders.


Litigator of the Week: The Gibson Dunn Lawyer in D.C. Who Argued to Close a Loophole in California Lemon Law During the Capitol Riots

Fri, 04/02/2021 - 08:30

Tom Dupree of Gibson, Dunn & Crutcher went to his office in downtown Washington, D.C., on January 6 to handle a remote argument before the California Court of Appeal.


Another Loaded List of Litigator of the Week Runners-Up and Shout Outs

Fri, 04/02/2021 - 08:30

This week's group is led by a joint team from Wilmer Cutler Pickering Hale and Dorr, the Civil Rights Corps and the San Francisco Public Defender's Office that won a ruling from the California Supreme Court barring courts from detaining arrestees solely based on the fact that they don't have the...

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SDNY Chief Judge Tells White House She's Stepping Down, Taking Senior Status April 10

Thu, 04/01/2021 - 11:53

U.S. District Judge Colleen McMahon said she plans to continue actively managing her cases. Her move creates a new vacancy on the court and sets up U.S. District Judge Laura Taylor Swain to succeed her as chief judge.


Big Law, Civil Rights and Law Professors: Meet Merrick Garland's DOJ

Thu, 04/01/2021 - 10:55

White-collar lawyers expect an increased focus on prosecuting fraud, bribery and other corporate misconduct, and the Garland DOJ is also expected to put a strong focus on the broad protection of civil rights.