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Trials
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November 12, 2024
Masimo Can't Tie Alleged IP Theft To Apple Profits, Expert Says
An Apple expert witness defended the company Tuesday in a California federal bench trial over Masimo's claim that the tech giant stole pulse oximetry trade secrets for its popular smartwatch, testifying Masimo cannot tie any value to the purported secrets and that Apple's profits can't be attributed to the watch's blood oxygen features.
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November 12, 2024
Deal Ends Google Patent Case Soon After Start Of $22.5M Trial
A patent trial in New York federal court ended with a settlement Tuesday, shortly after counsel for Kewazinga Corp. told jurors that the Street View feature in Google Maps infringes its patents on navigating through images, and that Google owes $22.5 million in damages.
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November 12, 2024
Guardant CEO Says Rival's False Ads Hurt 'Beautiful Baby'
Guardant Health's CEO testified Tuesday in his company's false advertising suit against Natera Inc. that its rival's "misleading" ad campaign hurt Guardant's colorectal cancer test launch, saying he felt like somebody had taken their "beautiful baby" and "slammed its head against the wall."
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November 12, 2024
'Heat Machine' Maker's Trade Dress Win Clears 8th Circ.
The Eighth Circuit on Tuesday affirmed a finding from a bench trial that cleared the Costco supplier behind the "Heat Machine" involved in "a complex intellectual property dispute" with the maker of the "HeatDish," a different machine that Costco also sells.
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November 12, 2024
Businessman Blames Dentons For Failed $54M Currency Swap
A Venezuelan businessman involved in a $54 million bolivar-to-dollars currency swap told a Miami jury on Tuesday that a former Dentons US LLP attorney told him several times that he needed to deposit more bolivars to meet a threshold minimum in order to receive U.S. dollars, but those promises never materialized.
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November 12, 2024
Ex-ComEd Exec Asked If Madigan Hires Truly An 'Exchange'
Defense attorneys got their chance Tuesday to grill an ex-Commonwealth Edison executive who testified the utility hired people who did little to no work at the behest of former Illinois House Speaker Michael Madigan, asking if it truly traded those jobs for Madigan's action on ComEd legislation or if the company was just building goodwill with a key decision-maker.
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November 12, 2024
Trump Ally Bannon Seeks Delay Of 'We Build The Wall' Trial
Former Trump administration strategist Stephen Bannon on Tuesday sought to delay his criminal trial on New York state charges stemming from an alleged scheme to con donors seeking to fund a southern U.S. border wall, two weeks after he wrapped up his federal prison sentence for contempt of Congress.
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November 12, 2024
Penn State TM Jury Asked To Ponder Sponsorship Confusion
A central Pennsylvania federal jury will have to weigh whether consumers are likely to be confused by a Seattle-based online retailer's use of historic logos and art associated with Pennsylvania State University, with opening arguments Tuesday promising dueling experts on consumer surveys and interpretations of trademark law.
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November 12, 2024
Fla. Man Guilty In $1M Cash-To-Bitcoin Laundering Scheme
A Boston federal jury has convicted a Florida resident of helping launder drug proceeds and enabling transfers of funds from fraud victims to romance scammers by converting more than $1 million in cash to bitcoin through his unlicensed "no questions asked" money transfer business.
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November 12, 2024
Crime Of Inaction Leaves Justices Mulling Legal 'Absurdities'
The U.S. Supreme Court grappled Tuesday with whether an alleged mobster can be guilty of a murder-for-hire scheme if he did not physically participate in the botched hit job, with one justice remarking that both parties' interpretations of a "violent" crime of inaction could produce absurd results.
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November 12, 2024
Palin, NYT Set For April Retrial In Defamation Case
Sarah Palin's retrial against The New York Times over defamation claims will start April 14, a New York federal judge ruled Tuesday after calling the parties' requests for a July date "out of the question."
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November 12, 2024
Consultant In $213M 'Maya' Trial Says Atty Ducked Bill
A trial consultant company that helped the attorney for the family of Maya Kowalski, the girl at the heart of the Netflix documentary "Take Care of Maya," win a $213 million judgment against Johns Hopkins All Children's Hospital Inc. is now suing the Kowalskis' attorney for allegedly failing to pay his bill.
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November 12, 2024
Ex-Snell & Wilmer Group Head, DOJ Atty, Joins Saul Ewing
The former co-chair of Snell & Wilmer LLP's white collar defense and investigations practice group, an ex-prosecutor known in part for securing the conviction of the surviving Boston Marathon bombing perpetrator, has joined Saul Ewing LLP, the firm announced Tuesday.
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November 12, 2024
Broker Calls 78-Month Sentence For Tax Scheme Unfair
An insurance agent convicted of conspiracy and tax crimes in a multimillion-dollar tax avoidance scheme told a North Carolina federal court ahead of his sentencing, scheduled for Wednesday, that the 78-month prison sentence recommended by prosecutors is harsher than punishments for similar offenders.
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November 12, 2024
Jury Holds CACI Liable For $42M Over Abu Ghraib Torture
A Virginia federal jury ruled Tuesday that defense contractor CACI must pay $42 million to former prisoners at Iraq's Abu Ghraib military prison, finding it conspired in their torture by the U.S. military.
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November 12, 2024
Trump's NY Case Paused As DA Weighs Impact Of Election
A New York state judge agreed to a joint motion to freeze the proceedings in Donald Trump's hush money case following his electoral victory last week, allowing the Manhattan district attorney time to brief the court on "appropriate steps going forward."
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November 12, 2024
Supreme Court Won't Revive Youth Climate Suit
The U.S. Supreme Court on Tuesday said it will not undo the Ninth Circuit's order allowing the dismissal of a lawsuit filed by youth plaintiffs who accuse the federal government of endangering their futures with policies that exacerbate climate change.
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November 12, 2024
Justices Won't Take On Tossed Bid-Rigging Conviction
The U.S. Supreme Court refused Tuesday to look at a Fourth Circuit decision that upended the bid-rigging conviction of a government contractor's former executive, rejecting U.S. Department of Justice concerns that the ruling could make it harder to prosecute when contractors have a subcontracting relationship.
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November 08, 2024
Combs Suggests $50M Bail As He Loses Bid For Gag Order
Sean "Diddy" Combs on Friday again asked a New York federal court to release him ahead of his trial, suggesting an updated, "far more robust" $50 million bail package the same day the court rejected the hip-hop mogul's push for a gag order forbidding his sexual assault accusers from speaking out.
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November 08, 2024
8th Circ. Flips $12M Verdict Against Jagermeister's US Arm
The Eighth Circuit has overturned a jury's verdict that Jägermeister's U.S. importer must pay a distributor $11.75 million after terminating their deal, saying Friday the jury was misinstructed and a new trial is required.
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November 08, 2024
Judiciary Advisers Back Development Of AI Evidence Rules
The federal judiciary's advisory panel for evidentiary issues agreed Friday to develop rules aimed at strengthening scrutiny of testimony and materials derived from artificial intelligence systems, saying AI-generated information should meet the same reliability standards that apply to expert witnesses.
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November 08, 2024
Apple Didn't Hire Cercacor CTO To Steal Watch IP, Ex-VP Says
A retired Apple executive defended the tech giant Friday in Masimo's trade secret suit over pulse oximetry technology, testifying in California federal court that Apple didn't hire a Masimo spinoff's chief technology office in order to obtain confidential information for the Apple Watch and never received any such information.
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November 08, 2024
1st Circ. Affirms Order Ending Jet Blue-American Partnership
The First Circuit backed a lower court decision blocking a partnership between JetBlue and American Airlines that it found substantially diminished competition in the domestic air travel market, saying it found no error in the district judge's thorough review of the deal that could revive the venture.
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November 08, 2024
BCBS Hit With $12.7M Verdict In Worker's Vax Mandate Suit
A Michigan federal jury on Friday awarded $12.69 million to a former Blue Cross Blue Shield of Michigan employee who said she was fired after her employer failed to accommodate her religious beliefs, which she said prevented her from getting the COVID-19 vaccine.
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November 08, 2024
Iowa Justices Scotch Record $97M Baby Brain Damage Award
The Iowa Supreme Court on Friday wiped away the largest medical malpractice verdict in state history after finding that the $97 million award was invalid because the trial judge flubbed the admission of certain evidence regarding a vacuum baby delivery system in a suit over a newborn's permanent brain damage.
Expert Analysis
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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Until Congress Acts, EDNY 'Insider Betting' Case Is Premature
The Eastern District of New York’s novel wire fraud conspiracy indictment in U.S. v. Pham may have prematurely heralded a new era in federal gambling enforcement, but in the absence of an “insider betting” statute, sportsbooks — not prosecutors — should be responsible for enforcing their terms of use, says attorney Jonathan Savella.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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What To Know About Major Fla. Civil Procedure Rule Changes
The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Perspectives
2 High Court Rulings Boost Protections Against Gov't Reprisal
The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case
There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.