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Four years after the Supreme Court landed the second part of its one-two punch in Twombly and Iqbal, we caught up with the lawyer whose civil rights case on behalf of a Pakistani detainee ultimately changed the face of pleading-stage litigation.
In a dispute that provides a case study in patent litigation after the enactment of the America Invents Act, lawyers for a patent holder suing major tech firms are fighting to get cases that were sent to the defendants' home jurisdictions transferred back to the Eastern District of Texas—but this time designated as multidistrict litigation.
Did Barclays dupe Lehman's bankruptcy court judge and scheme its way to a megabucks windfall when it bought Lehman's broker-dealer business in Sept. 2008? Or did the Lehman estate fling unfounded after-the-fact accusations at its white knight? The two sides make their last, best case before Judge James Peck.
Citing a forum selection clause in the companies' licensing agreement, Eli Lilly's lawyers at Morgan Lewis urged the Federal Circuit to nix the transfer of its patent case against Genentech to a new federal judge with strong IP chops.
The fight over the validity of so-called unfinished business claims in law firm bankruptcies is heating up in courts on both coasts this week.
Examiner Anton Valukas avoids stating an opinion about the litigation between Barclays and the Lehman estate and creditors, but his report provides a detailed account of events leading up to the sale. He finds some support for Lehman's argument that certain assets were undervalued--yet no evidence of a quid pro quo conspiracy.
SEC Chairwoman Mary Jo White chose Philip Falcone and his hedge fund, Harbinger Capital Partners, as the agency's first target in an effort to extract tougher settlements from defendants. What hasn't been publicly noted is that Harbinger is currently a client of White's former firm, Debevoise & Plimpton.
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