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 Bankrupt Biotech Targets Nixon Peabody, Mintz Levin Neogenix Oncology Inc., a bankrupt would-be developer of cancer diagnostic and treatment products, blamed its outside lawyers for allowing the company to pursue an illegal fund-raising strategy for more than five years. Wed, 23 Jul 2014 18:02:46 EDT 1202664351398 Twitter, Yahoo Lead MDL Fee Fight Against Patent Giant Acacia Dozens of corporate defendants sued by an arm of Acacia Research Corp. say they are owed legal fees under the Supreme Court's new standard for fee-shifting in patent cases. Wed, 23 Jul 2014 17:36:39 EDT 1202664380451 Judge OKs Wage-and-Hour Class Action Against Apple Employees who claim Apple denied them timely breaks can proceed as a class in a wage-and-hour suit on behalf of about 21,000 workers, a San Diego judge ruled this week. Wed, 23 Jul 2014 17:14:22 EDT 1202664382894 John Edwards Appears in Front of Jury Again—as Counsel Six years after the former U.S. senator from North Carolina destroyed his once-promising political career, Edwards is back in the courtroom as a trial lawyer, having reactivated his law license. He discusses his return to legal practice with Staff Writer Susan Beck. Wed, 23 Jul 2014 16:26:05 EDT 1202664380298 Countdown Begins for Ruling in $114 Billion Yukos Case The potentially record-shattering arbitration award will be unveiled Monday by former Yukos shareholders and their longtime counsel at Shearman & Sterling. Wed, 23 Jul 2014 15:17:30 EDT 1202664311081 Citing 'Smoking-Gun' Claims, Judge OKs ITT Investor Case ITT Educational Services and its lawyers at Gibson Dunn suffered their latest setback on Tuesday, when a judge refused to dismiss most of a shareholder class action alleging that the for-profit education company duped investors about rising student loan default rates. Tue, 22 Jul 2014 20:01:55 EDT 1202664201265 Appeals Courts Set Up Next Health Reform Fight for Justices Jones Day's Michael Carvin experienced whiplash on Tuesday, when two federal appellate panels issued conflicting rulings in challenges he's spearheading over the Affordable Care Act. Tue, 22 Jul 2014 16:50:11 EDT 1202664183863 Second Circuit Socks Travelers With $500 Million Asbestos Tab The ruling extends a recent hot streak for Bancroft's Paul Clement, who's scored a series of rapid-fire reversals in cases involving Hobby Lobby, Aereo and the Chinese heavy equipment giant Sany Group. Tue, 22 Jul 2014 16:21:36 EDT 1202664165705 Google Stumbles in Texas IP Fight With Apple Group Google's lawyers at Quinn Emanuel lost an early bid to knock out patent infringement claims brought by Rockstar Consortium, the Apple-backed group that snatched up Nortel Networks' patent portfolio in a 2011 auction. Tue, 22 Jul 2014 14:13:25 EDT 1202664163485 Software Maker Symantec Faces False Claims Suit The Justice Department will intervene in a False Claims Act suit against Symantec Corp., which allegedly over-charged the government for hundreds of millions of dollars worth of software and related products. Tue, 22 Jul 2014 13:55:20 EDT 1202664208404 Deloitte Knocks Out Hedge Funds' Suit Over China Audits Handing a win to defense lawyers at Sidley and Hughes Hubbard, a judge on Monday dismissed claims that Deloitte defrauded ChinaCast Education Corp. investors by failing to detect alleged fraud at the Shanghai-based company. Mon, 21 Jul 2014 20:20:39 EDT 1202664058763 Former Autonomy Exec Takes Aim at HP's Derivative Deal A proposed settlement between HP and plaintiffs firms is "collusive and unfair," according to attorney John Keker, who represents Sushovan Hussain. Mon, 21 Jul 2014 17:45:00 EDT 1202664061742 Patent 'Troll' MPHJ Takes Aim at Vermont in Fed. Circ. Appeal The much-maligned patent holder and its lawyers at Farney Daniels argue that MPHJ's rights—not to mention the U.S. patent system—are under assault by Vermont's attorney general and a federal judge in Burlington. Mon, 21 Jul 2014 15:57:58 EDT 1202664023718 Software Company Fights to Preserve $25M Texas Verdict Despite admitting to using faked evidence to win a $25 million verdict last March, LBDS Holding Company urged a federal judge in East Texas not to scrap the jury's damages award. Mon, 21 Jul 2014 15:14:33 EDT 1202664016625 At 3, Consumer Financial Protection Bureau Hits Stride Lawyers who practice before the Consumer Financial Protection Bureau agree on one thing: "It?s been good for law firms," said Ballard Spahr partner Alan Kaplinsky. Created by the Dodd-Frank Act, the agency turned 3 years old Monday. Mon, 21 Jul 2014 10:11:15 EDT 1202664061884 Holy Smokes! Fla. Jury Socks RJR With $23.6 Billion Verdict Even if Friday's verdict is promptly whittled down, it's a reminder of the tobacco industry's failure to rein in an endless stream of tobacco cases pending in Florida in the wake of Engle v. Liggett. Sun, 20 Jul 2014 12:54:12 EDT 1202663904197 Quinn Emanuel's GM Assignment Is Good Timing for Firm As some of the firm's biggest cases wind down, Quinn Emanuel is branching out and landing major new assignments, including a review of GM's litigation strategy. Sun, 20 Jul 2014 09:11:25 EDT 1202663901389 Swipe Fee Case Moves Ahead Against Card Companies A group of major merchants that opted out of a $5.7 billion antitrust settlement with Visa and MasterCard have cleared a hurdle in their case against the card companies over swipe fees. Sun, 20 Jul 2014 08:29:29 EDT 1202663901280 Clinton Docs Reveal Concerns About Court Nominees Clinton White House documents released on Friday predicted a "vicious attack" against the possible nomination of Sonia Sotomayor to the U.S. Supreme Court. Fri, 18 Jul 2014 14:06:16 EDT 1202663849603 D.C. Circuit Rejects Payback for Stanford Fraud Victims In a bid to win compensation for investors swindled by R. Allen Stanford, the SEC was rebuffed by the D.C. Circuit, which ruled that the investors aren't eligible for protection as customers. Fri, 18 Jul 2014 13:25:28 EDT 1202663827304 Apple, LG Beat Back Appeal in $180 Million Patent Row The decision by the Federal Circuit comes just one week after oral arguments that pitted the smartphone makers' heavyweight lawyers at Fish & Richardson and Jones Day against equally formidable counsel from Quinn Emanuel Urquhart & Sullivan. Thu, 17 Jul 2014 20:31:51 EDT 1202663686457 Litigator of the Week: Gregory Garre of Latham & Watkins Navigating his way through racial politics, education policy and U.S. Supreme Court precedent, Garre won a ruling this week that preserves student affirmative action at the University of Texas at Austin. Thu, 17 Jul 2014 19:17:41 EDT 1202663664330 Keker Scores Ninth Circuit Win for Intuitive Surgical A decision from the Ninth Circuit U.S. Court of Appeals could raise the bar for plaintiffs alleging that corporate executives knowingly misled investors. Thu, 17 Jul 2014 18:17:37 EDT 1202663691697 Lloyd's Can't Duck Claims Over MBIA Restructuring Fight After toiling through four years of litigation related to MBIA Inc.'s 2009 restructuring, the bond insurer's lawyers at Kasowitz Benson won a ruling this week that puts Lloyd's of London and other underwriters on the hook for a hefty portion of MBIA's defense tab. Thu, 17 Jul 2014 13:48:57 EDT 1202663616108