Litigation-Business

O’Melveny Notches Win in Long-Running Legal Malpractice Suit

News
A federal judge ruled in favor of O’Melveny & Myers in a case alleging the Biglaw firm was conflicted in its representation a decade ago of a now-defunct investment firm.

Davis Polk Hit With Bias, Retaliation Suit by Black Lawyer

News
Kaloma Cardwell alleges the firm denied him job assignments and then fired him.

Download: Nine Best Practices for Early Case Assessment

Insight
Zapproved has published a new guide discussing nine best practices that will refine early case assessment process.

Conspiracy Theorist Loses Case Against Robert Mueller

News
A federal judge dismissed a lawsuit against former special counsel Robert Mueller, rejecting a conspiracy theorist’s claim that Mueller pressured him to commit perjury.

Louisiana Operator’s Bad Faith Does Not Preclude Recovery

News
Charles Sartain summarizes the background of Apache Deepwater, LLC v. W&T Offshore, Inc., a conflict between parties to a joint operating agreement for operations on offshore deepwater wells.

Signature Page Mixing-and-Matching Leads to Trouble in Delaware Case

Insight
D.C. Toedt III, writing in the On Contracts blog, describes how parties to a contract often circulate just signature pages to be signed, and the problems that can arise with that practice.

NDAs Do NOT Work for China But NNN Agreements Do

Insight
The China Law Blog has published part one of an expected series of posts setting out exactly what foreign companies should do (and not do) to protect their intellectual property in China.

Court Enforces Arbitration Clause in Clickwrap Agreement

News
The defendant’s terms of service, which were hyperlinked in the sign-up box, contained a clause providing for arbitration of disputes with a class-action waiver.

Special Order Your Forum Selection Clause

News
Author Glenn D. West takes a look at a recent Delaware ruling on an anti-suit injunction attempting to prevent a suit being prosecuted in Texas.

Another Trump Judicial Pick Rated Unqualified Advances

News
Three other federal district court nominees also advanced, but action on two controversial appeals court picks was again deferred.

‘Patent Death Squad’ Judges Can Be Fired, U.S. Appeals Court Says

News
Patent Trial and Appeal Board judges had so much authority they should have been appointed by the president and confirmed by the Senate, the court ruled.

Rex Tillerson Back in Spotlight at Exxon Climate Trial

News
Tillerson is scheduled to make an appearance at the New York Supreme Court Wednesday to answer questions about missing emails and varying carbon pricing schemes.

DLA Piper Turns Sex-Assault Probe Back on Accuser: Cites Alleged ‘Flirtation’

News
DLA Piper and former partner Louis Lehot parted ways after his colleague Vanina Guerrero accused the star Silicon Valley lawyer of sexually assaulting her.

Jones Day Women Point to Managing Partner’s ‘Totalitarian Grip’

News
Six female former Jones Day lawyers claims the managing partner backs his “totalitarian grip” on Jones Day with a “no whining policy.”

Federal Government Contract Modifications: Pay Attention

Insight
Any release document (including releases with parties other than the government) should be narrowly drawn and clearly articulate those claims that are being released.

SCOTUS Clarifies Vague Arbitration Clauses Affecting Class Disputes for Growing Businesses

Insight
If class arbitration is not explicitly addressed in an arbitration agreement, it cannot be compelled, writes Patrick K. Burns in a blog post for PilieroMazza.

When is a Contract Provision a Liquidated Damages Clause?

News
A liquidated damages clause is a provision in a contract specifying a dollar amount to be paid by a party if the party breaches the contract.