The Litigation Daily The daily source for legal business news, analysis and intelligence from the editors and reporters at The AmLaw Litigation Daily. en-us Copyright 2014. ALM Media Properties, LLC. All rights reserved. The Litigation Daily Litigator of the Week: Stephen Neal of Cooley When Roche tried to stake a claim to Gilead Sciences' blockbuster Hepatitis C drug, Gilead turned to Cooley to neutralize the threat. Thu, 21 Aug 2014 21:14:24 EDT 1202667685109 Whistleblowers Stand Out in $16.65 Billion BofA Deal More than $1 billion of Thursday's mega-settlement with Bank of America resolves claims first brought by private whistleblowers—including one case involving a two-time False Claims Act tipster who's married to one of the Real Housewives of New Jersey. Thu, 21 Aug 2014 20:14:42 EDT 1202667678483 Bank of America Monitor Vows to Speed Mortgage Relief Eric Green, court-appointed independent monitor in the nearly $17 billion Bank of America settlement announced on Thursday, understands that he has his work cut out for him. Thu, 21 Aug 2014 16:58:17 EDT 1202667687731 Finnegan Beats Humira IP Licensing Claims for AbbVie A U.K. arthritis research trust overreached by demanding more patent royalties from drugmaker and longtime licensee AbbVie, an appeals court ruled on Thursday. Thu, 21 Aug 2014 16:27:37 EDT 1202667648803 Banks Lose Last-Ditch Bid to Block NCUA Claims as Time-Barred The Tenth Circuit ruled once again that the National Credit Union Administration didn't wait too long to sue big banks that sold billions of dollars in ill-fated mortgage-backed securities to federally chartered credit unions. Wed, 20 Aug 2014 23:57:54 EDT 1202667555080 For Paul Weiss Client Sharp, Time Runs Out to Opt Out Lawyers for Sharp Electronics insisted that a missed opt-out deadline in a price-fixing class action was a "harmless oversight," but a federal judge disagreed. Wed, 20 Aug 2014 18:58:48 EDT 1202667555414 Apple Loses Bid to Collect Attorney Fees From Samsung Judge Lucy Koh ruled that Samsung raised reasonable defenses to the trade dress claims at issue in its epic fight with Apple, making fee shifting inappropriate. Wed, 20 Aug 2014 18:44:08 EDT 1202667555628 Vivendi Takes Aim at Remains of $9.3B Shareholder Verdict The U.S. Supreme Court's decision in Morrison v. NAB already helped slash a rare securities class action jury verdict against Vivendi. Now the company's lawyers at Weil and Cravath are busy trying to bury what's left of the spoils. Wed, 20 Aug 2014 17:57:54 EDT 1202667522546 Second Circuit Swats Down Fee Bid in Citi Say-on-Pay Case Barely 24 hours after hearing oral arguments, a federal appellate panel refused Wednesday to revive claims that plaintiffs lawyers deserve $6 million in fees for supposedly helping to oust former Citigroup CEO Vikram Pandit and another Citi exec two years ago. Wed, 20 Aug 2014 15:07:44 EDT 1202667478871 McDermott Beats Back Drug Patent Challenge for Depomed The ruling, which Depomed said would extend its monopoly on the pain drug Gralise for a decade, is a huge relief for the small pharma company and its investors. Tue, 19 Aug 2014 20:48:00 EDT 1202667386908 Judge Kaplan Blasts Plaintiffs in Irish Bank Case Motions for reconsideration are always a long shot. But they don't usually backfire as dramatically as they did Tuesday in a decision by U.S. District Judge Lewis Kaplan in Manhattan. Tue, 19 Aug 2014 19:04:17 EDT 1202667383838 S&P Expands Demands for DOJ, Treasury Department Records Standard & Poor's is demanding that the Justice Department and former Treasury Secretary Timothy Geithner turn over more documents, including communications with President Obama, in the U.S. government's $5 billion lawsuit against the ratings agency. Tue, 19 Aug 2014 17:31:33 EDT 1202667393814 Lawsky Strikes Again With $300M Standard Chartered Fine It's not odd for regulators to demand independent monitors for companies caught breaking the rules. But it's rare to learn that a monitor found even more failures—starting the cycle of payment, official contrition and monitoring all over again. Tue, 19 Aug 2014 17:06:37 EDT 1202667348548 Rival Challenges Myriad Gene Patents in PTO Proceeding Following a bruising U.S. Supreme Court fight last year that invalidated two of its human gene patents, Myriad Genetics Inc. is using related patents to sue a new set of competitors—but faces an aggressive counterattack. Tue, 19 Aug 2014 16:26:06 EDT 1202667393746 Fraud Suit Over Twitter IPO Fizzles at Second Circuit Lawyers at Simpson Thacher made quick work of a $124 million lawsuit alleging that Twitter duped two investment advisers into propping up demand for its shares ahead of the company's initial public offering. Mon, 18 Aug 2014 20:20:09 EDT 1202667228875 Alabama Court Bucks Trend, Says Generic Patient Can Sue Pfizer The tort theory of "innovator liability"—the notion that brand-name drug companies can be held liable for inadequate warnings on other manufacturers' generic versions of their drugs—has been widely panned on appeal. But innovator liability isn't dead yet. Mon, 18 Aug 2014 17:57:14 EDT 1202667213697 Spotlight Falls on Sullivan & Cromwell in PwC Settlement For the second time this summer, a major law firm has come under scrutiny for its questionable role advising a bank on transactions with sanctioned countries. Mon, 18 Aug 2014 17:20:11 EDT 1202667204270 Ninth Circuit Spurns 'Browsewrap' Arbitration Agreement Barnes & Noble customers weren't put on notice of an arbitration agreement buried in the retailer's website, the appeals court ruled. Mon, 18 Aug 2014 16:41:21 EDT 1202667229328 The Global Lawyer: Hamas on Trial As Israeli-Palestinian violence swirls anew, a jury judges the terror crimes of old. Sun, 17 Aug 2014 20:15:27 EDT 1202667090912 S&C Prevails Again for Porsche in Battle With Hedge Funds Echoing a 2012 ruling by a state appeals court, the Second Circuit agreed with Porsche's lawyers at Sullivan & Cromwell that billions of dollars in claims against the German automaker don't belong in the United States. Fri, 15 Aug 2014 17:39:43 EDT 1202667056033 Oracle Scores in Rimini Street Copyright Row A ruling by a federal judge in Nevada chips away at the obstacles confronting Oracle and its lawyers at Bingham McCutchen and Boies, Schiller & Flexner as they inch toward a long-awaited trial. Fri, 15 Aug 2014 15:27:45 EDT 1202667029307 Federal Circuit Guts $30 Million Jury Verdict Against Google Circuit Judge Raymond Chen dissented from the panel's decision, which found that web search patents asserted against Google should have been deemed obvious. Fri, 15 Aug 2014 15:04:11 EDT 1202667092060 The Terror Docket With trial in Linde v. Arab Bank now underway in Brooklyn, see our roundup of the other key Anti-Terrorism Act cases unfolding in U.S. courts. Fri, 15 Aug 2014 13:41:09 EDT 1202666995275