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Trials
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July 01, 2024
Supreme Court Gives Trump Immunity For Official Acts
Former presidents are entitled to absolute immunity from prosecution related to an indefinite list of official acts, the U.S. Supreme Court ruled Monday, partially releasing Donald Trump from liability for allegedly interfering with the 2020 presidential election, but ultimately tasking lower courts with sussing out the full extent of his immunity.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
'Nothing Stopping' Collection On $10B Verdict, LA Judge Says
A Los Angeles judge on Friday decided to amend the judgment from a $10 billion verdict that found business owner Haresh Jogani stole a multibillion-dollar real estate business from his four brothers, awarding stock potentially worth billions to the brothers while dismissing his attorney's objections that the order is not allowed due to Haresh Jogani's appeal.
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June 28, 2024
Dish Doesn't Owe Extra Tower Rent For Space To Open Doors
Telecommunications infrastructure company Crown Castle USA can't charge Dish Wireless for the three feet of space outside its leased area where its doors swing open, a Colorado state judge has declared, nor can it block the doors from opening over its leased property line.
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June 28, 2024
Prosecution Rests In Menendez Bribery Trial
New York federal prosecutors on Friday closed out their case-in-chief that Sen. Robert Menendez accepted bribes from constituent businessmen, resting after a final witness said some $550,000 in cash seized from the senator's wife's house could not have been from his cash withdrawals in recent years, which were only $55,000.
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June 28, 2024
FCPA, Shkreli Prosecutor To Lead EDNY's Criminal Division
Breon Peace, U.S. attorney for the Eastern District of New York, on Friday said Alixandra Smith, known for taking point in the prosecution of Martin Shkreli and her leading roles in foreign bribery cases, has been appointed as the new chief of the office's Criminal Division.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Calif. Panel Won't Toss Trial Win By AT&T's Cricket
Cricket Communications Inc. won't have to worry about a 2018 jury trial win being kiboshed after a California appeals court ruled that when it overturned a pretrial ruling because a previous judge failed to disclose that he owned AT&T stock, it didn't mean the entire trial should be undone.
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June 28, 2024
The NFL Lost Big: What Happened, What Happens Next
A California federal jury's rebuke of the NFL's Sunday Ticket broadcast package has the league staring down a $4.7 billion class action verdict, prompting experts to wonder why the league was willing to risk a jury trial in the first place and how it will try to overturn the verdict now that it lost.
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June 28, 2024
Fired BlueCross Worker Gets $680K Jury Win In Vax Bias Suit
A Tennessee federal jury awarded a former BlueCross BlueShield employee more than $680,000 after it found the insurance company failed to accommodate her when she was fired for refusing its COVID-19 vaccination mandate because of her religious convictions.
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June 28, 2024
Jury Convicts Seattle Doctor In NBA Health Fraud Case
A Manhattan federal jury on Friday found a Seattle doctor guilty of healthcare fraud and other charges related to a scheme to submit bogus claims for payment to an NBA healthcare plan, according to the U.S. Attorney's Office for the Southern District of New York.
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June 28, 2024
Girardi's Ch. 7 Evidence Fight May Raise Novel Issues
Tom Girardi told a California federal judge that FBI agents violated his constitutional rights by obtaining evidence from his law firm's bankruptcy trustee without a search warrant, an argument that, if successful, could hamstring prosecutors in his upcoming wire fraud trial and shake up law enforcement's dealings with trustees.
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June 28, 2024
Baldwin Loses Third Bid To Dismiss 'Rust' Shooting Case
A New Mexico state judge on Friday rejected Alec Baldwin's argument that his indictment on involuntary manslaughter charges in the "Rust" film shooting case should be thrown out because forensic tests damaged the actor's gun, a key piece of evidence in the case.
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June 28, 2024
Jan. 6 Ruling May Help Accused Rioters, But Not Trump
Experts said Friday that while the U.S. Supreme Court's decision narrowing the use of obstruction of Congress charges could have implications for hundreds of people accused of storming the U.S. Capitol on Jan. 6, 2021, the same count against former president Donald Trump remains buoyed by facts alleged in his election interference indictment.
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June 28, 2024
Texas Justices Scrap $26M Verdict In Honda Seat Belt Suit
The Texas Supreme Court on Friday handed American Honda Motor Co. Inc. a post-trial win, vacating a $26 million verdict for a woman who was paralyzed after a crash in 2015, saying the evidence she presented was not enough to rebut a presumption of nonliability under Texas law.
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June 28, 2024
Philly Judge Calls $2.25B Roundup Verdict 'Excessive'
A Philadelphia state judge has explained her decision to slash a cancer patient's $2.25 billion win against Monsanto for its Roundup weedkiller contributing to his lymphoma, calling the jury's January verdict unconstitutionally "excessive."
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June 28, 2024
Verizon Hit With $847M Patent Verdict In EDTX
An Eastern District of Texas federal jury on Friday said Verizon should pay $847 million for infringing two General Access Solutions wireless network patents, providing the patent owner with the full relief it requested.
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June 28, 2024
Bannon Can't Dodge Prison In Contempt Appeal
Steve Bannon must go to prison Monday, according to a U.S. Supreme Court order Friday rejecting the former Trump White House chief strategist's bid to stave off his four-month sentence for contempt of Congress.
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June 28, 2024
Bank Shareholders Win $800K In Venezuelan Takeover Suit
Shareholders in a small Miami bank won an $800,000 award Thursday after a federal jury found two of the five board members accused of working for the Venezuelan government liable for the bank's financial difficulties.
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June 28, 2024
High Court Enters July With 3 Rulings To Go
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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June 28, 2024
Justices Limit Fed. Use Of Obstruction Charge In Jan. 6 Cases
The U.S. Supreme Court limited Friday the U.S. Department of Justice's use of an obstruction of Congress statute against defendants accused of storming the U.S. Capitol on Jan. 6, 2021, ruling the law enacted in the wake of an accounting scandal requires the obstructive act must somehow impair the availability or integrity of official documents or proceedings.
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June 27, 2024
Ozy Media's Gov't Misconduct Claims Won't Derail Fraud Case
A New York federal judge on Thursday rejected a bid by Ozy Media and the defunct company's founder to toss the criminal fraud case against them, saying they hadn't shown they were prejudiced by a U.S. attorney's office's social media post or that documents obtained by prosecutors were protected by attorney-client privilege.
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June 27, 2024
Roche Freedman, Ousted Ex-Partner Settle Ahead Of July Trial
The law firm formerly known as Roche Freedman LLP and ousted partner Jason Cyrulnik informed a New York federal judge Thursday they've cut a confidential deal to resolve their contentious legal battle over Cyrulnik's departure, ending the litigation weeks before the case was set to go to a jury trial.
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June 27, 2024
Biden Takes Dig At 'Convicted Felon' Trump In 1st Debate
President Joe Biden referred to former President Donald Trump as a "convicted felon" during Thursday's presidential debate, while Trump suggested that Biden could be criminally prosecuted after leaving office.
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June 27, 2024
Menendez Met Alleged Briber Pre-Gold Price Search, Jury Told
An FBI cell tower expert told Sen. Robert Menendez's bribery jury Thursday that the phones of the senator, his wife and co-defendant developer Fred Daibes all pinged in the same location minutes before the senator did a web search for "how much is one kilo of gold worth."
Expert Analysis
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Tips For Defeating Claims Of Willful FLSA Violations
As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Trump NY Fraud Trial Shows Civil, Criminal Case Differences
Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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How Color Psychology Can Help Tell Your Trial Narrative
Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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Why Criminal No-Poach Cases Can Be Deceptively Complex
Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.