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 Scheindlin Dismisses Claims Ford and IBM Aided Apartheid Manhattan U.S. District Judge Shira Scheindlin called it "regrettable" that the plaintiffs are left without relief, but she said she was bound to follow the Supreme Court's and the Second Circuit's interpretation of the Alien Tort Statute, "no matter what my personal view of the law may be." Tue, 02 Sep 2014 00:00:00 EDT 1202668568653 Detroit Bankruptcy Trial Steps into Uncharted Territory The city's proposed plan to emerge from the biggest municipal bankruptcy is fraught with complexities. Among the issues to be argued by several Am Law firms during the six-week trial, which begins Tuesday, is whether securities holders insured by Syncora Guarantee Inc. are getting their fair share. Sat, 30 Aug 2014 11:14:21 EDT 1202668585719 The Most Disturbing Part of Aguilar?s SEC Dissent Luis Aguilar lashed out at his fellow SEC commissioners for the weak penalties they imposed on a former CFO. But the most disturbing part of his dissent was his accusation that the agency waters down the facts it releases to the public about cases it settles. Fri, 29 Aug 2014 17:33:49 EDT 1202668553198 Ninth Circuit Hikes Oracle's Copyright Damages Against SAP The court upped damages to $356.7 million, but won't allow Oracle to argue for hypothetical license fees if it opts for a new trial. Fri, 29 Aug 2014 16:20:01 EDT 1202668596561 SEC Pays Whistleblower $300K The SEC paid a whistleblower who first tried to report wrongdoing internally more than $300,000. It's the first time the SEC has paid an award to a compliance officer. Fri, 29 Aug 2014 11:20:06 EDT 1202668568236 Litigator of the Week: Margaret Zwisler of Latham & Watkins Reports of aluminum price-fixing by big investment banks and the London Metal Exchange sparked widespread outrage—and class action litigation. Zwisler led LME to an early victory this week, leaving the other defendants to face the plaintiffs on their own. Thu, 28 Aug 2014 20:32:56 EDT 1202668426191 Remaining Banks Hit Another Dead End in FHFA Case We've lost count of how many times the banks sued by the Federal Housing Finance Agency for selling shoddy mortgage-backed securities have had their defenses slapped down by U.S. District Judge Denise Cote. Thu, 28 Aug 2014 20:13:21 EDT 1202668431696 Judge Rejects Challenge to $9 Billion Actos Verdict A federal judge on Thursday refused to toss out a $9 billion verdict in the first federal bellwether trial over claims that taking Actos increases the risk of bladder cancer. Thu, 28 Aug 2014 19:08:58 EDT 1202668427788 Former SG Ruffled by 'Patent Troll' Tag Paul Clement doesn't appreciate the T-word being lobbed at his client in a high stakes patent case. Thu, 28 Aug 2014 16:25:42 EDT 1202668431618 Ninth Circuit Slaps FedEx Over Contractor Policy The company improperly classified more than 2,000 California delivery drivers as contractors, the appeals court ruled. Wed, 27 Aug 2014 17:27:26 EDT 1202668317829 PwC Can't Shake MF Global Malpractice Suit The administrator unwinding MF Global called on Kasowitz Benson to sue PricewaterhouseCoopers, claiming that the accounting firm's advice led MF Global to amass enormous exposure to European debt, contributing to more than $1 billion in losses. Wed, 27 Aug 2014 17:00:46 EDT 1202668276564 Patent Troll MPHJ Faces Special PTO Review Xerox, Ricoh and Lexmark asked for a review of two MPHJ Technology patents that cover a virtual copier technology described as "scan-to-email." MPHJ has sent thousands of demand letters to small companies, threatening to sue them for infringement if they don?t pay a licensing fee. Wed, 27 Aug 2014 16:34:49 EDT 1202668271589 Greenberg?s $25B Case Against U.S. Set for Trial Maurice Greenberg?s $25 billion lawsuit against the U.S. government over the bailout of AIG moved a step closer to trial this week. That trial, set to begin Sept. 29, would feature testimony from former top government officials, as well as some of Wall Street?s most prominent banking lawyers. Wed, 27 Aug 2014 15:55:20 EDT 1202668263598 Geithner?s Lawyer Defends Redactions in S&P Litigation Former Treasury Secretary Timothy Geithner is fighting a request by Standard & Poor?s Financial Services LLC to turn over unpublished notes from his memoir that he considers to be ?private, confidential or sensitive materials.? Wed, 27 Aug 2014 14:45:40 EDT 1202668280415 Robbins Geller Sanctioned for ?Reckless? Conduct The Boeing Company pursued the firm for bringing a botched securities fraud case based on the testimony of an unreliable confidential witness. Wed, 27 Aug 2014 14:41:54 EDT 1202668247413 Federal Circuit Judges Put Spin on Patent Fee-Shifting Sitting as a trial judge recently, Timothy Dyk of the Federal Circuit denied an attorney fee request, writing "every case will have a loser." Tue, 26 Aug 2014 18:27:57 EDT 1202668163351 Latham Knocks Out Antitrust Case Against LME A daring and novel argument by Latham & Watkins persuaded a federal judge that the London Metal Exchange Ltd., a private for-profit entity, should get sovereign immunity. Tue, 26 Aug 2014 17:27:02 EDT 1202668133388 Decade-Old Battle Over Stoli Trademark Continues With its plot twists and sheer length, the decade-old battle for the Stolichnaya vodka trademark is starting to resemble a Russian novel. Tue, 26 Aug 2014 16:54:17 EDT 1202668127228 PACER Changes Draw Ire of Attorneys, Journalists The federal judiciary this month removed years of court records from its online archives, drawing concern from attorneys, journalists, researchers and open-record advocates who rely on remote access to files. Tue, 26 Aug 2014 12:07:29 EDT 1202668154198 Kirkland Scores for BP in Long-Running Pollution Case BP plc and its lawyers Kirkland & Ellis have likely finished off a long-running class action alleging that the oil company should cover cleanup costs from a shuttered oil refinery in southeast Kansas. Mon, 25 Aug 2014 20:49:25 EDT 1202668029201 Judge Axes Retainer for Cotchett From HP Derivative Deal A federal judge in San Francisco said he wouldn't OK a planned partnership between plaintiffs lawyers and Hewlett Packard. Mon, 25 Aug 2014 18:31:27 EDT 1202668035366 Spanish Bank Can't Deflect Claims by Cuba Terror Victims After winning about $3.5 billion in default judgments against the Republic of Cuba, Fidel Castro's persecuted political opponents and their families have cleared a hurdle in their bid to seize funds from global banks including Spain's Banco Bilbao Vizcaya Argentaria (BBVA). Mon, 25 Aug 2014 17:45:14 EDT 1202668006526