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 Target Suffers New Blow in Data Breach Case Just weeks after Target Corp. failed to escape claims that it's liable for a massive data breach that cost banks billions of dollars, a judge refused to dismiss most of a proposed consumer class action over the same late-2013 hack attack. Fri, 19 Dec 2014 16:27:24 EST 1202712992308 Judge Nixes NCAA Concussion Settlement Lawyers for the student-athletes, led by Hagens Berman's Steve Berman, would have gotten at least $15 million in fees and up to $750,000 for out-of-pocket expenses under the settlement, all of which would have come out of a $70 million medical monitoring fund. Thu, 18 Dec 2014 23:39:05 EST 1202712886003 Unilever Drops False Ad Lawsuit Against Just Mayo Unilever, the maker of Hellmann's Real Mayonnaise, abruptly dismissed its own false advertising suit against eggless mayonnaise upstart Just Mayo. Thu, 18 Dec 2014 22:30:05 EST 1202712879362 St. Louis Lawyer Scores Again in BofA Whistleblower Case David Wasinger's whistleblower clients helped the government collect a whopping $2.2 billion from Bank of America and JPMorgan this year. They've been awarded roughly $123 million for their troubles, suggesting that Wasinger and his tiny firm will be enjoying happy holidays indeed this month. Thu, 18 Dec 2014 20:50:03 EST 1202712876079 Litigators of the Week: William Isaacson and Karen Dunn of Boies, Schiller & Flexner Plaintiffs lawyers kept a billion-dollar antitrust class action against Apple smoldering for a whole decade, until Isaacson and Dunn stepped in to douse the flames. Thu, 18 Dec 2014 17:53:06 EST 1202712854312 Broadcasters Pursue Aereo in Bankruptcy Tug-of-War After driving online TV startup Aereo out of business, the broadcast networks are fighting to lift a hold on litigation stemming from the company's Chapter 11 filing so they can press their infringement claims and secure their pound of flesh. Wed, 17 Dec 2014 18:58:05 EST 1202712682284 Boies Schiller Takes On Forbes Over Mexican Corruption List Days after David Boies threatened major media organizations over hacked Sony emails, his firm has picked another fight with a respected news outlet, accusing Forbes of publishing "a hit piece of the worst sort" about an aide to former Mexican President Felipe Calderón. Wed, 17 Dec 2014 14:58:11 EST 1202704166244 Cohen Milstein Fends Off DQ Bid in Opioids Marketing Case Accused of inundating the country with addictive painkillers, drug companies went on the attack against their accusers. This week plaintiffs lawyers representing the city of Chicago took a step toward putting the drugmakers back on the defensive. Tue, 16 Dec 2014 23:10:08 EST 1202681285804 A&P, Wachtell Join Namenda Fight as Actavis Appeals Injunction Less than a week after a judge blocked Actavis from forcing patients to switch to new version of its Alzheimer's drug Namenda, the company brought on new legal firepower from Arnold & Porter and Wachtell, Lipton, Rosen & Katz to take the case to the Second Circuit. Tue, 16 Dec 2014 15:30:27 EST 1202681219892 SEC Drops Insider Trading Case over Herbalife Short The Securities and Exchange Commission's enforcement action against an accused insider trader appears to have unraveled, as the agency admitted Monday that it can't produce two key witnesses to testify about an alleged tip-off regarding Herbalife Ltd. Mon, 15 Dec 2014 22:26:20 EST 1202679166932 Judge Slams O'Melveny in Sirius XM Copyright Brawl Soon after swooping in to represent Sirius XM Radio in potentially industry-shaking copyright litigation, O'Melveny & Myers suffered a nasty setback when a judge ruled that newly-cited precedent trumpeted by the firm had been overruled 60 years ago. Mon, 15 Dec 2014 20:04:28 EST 1202679160976 Lehman Trustee Takes Barclays Fight to Supreme Court Monday's petition—should the Supreme Court grant it—raises the prospect of a high court showdown between former U.S. solicitor general Paul Clement and David Boies of Boies, Schiller & Flexner over Barclays' firesale acquisition of Lehman Brothers' brokerage business. Mon, 15 Dec 2014 17:25:43 EST 1202679131909