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Trials
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November 04, 2024
Judge 'Sorry' Before IP Retrial: 'My Mind Has Been Elsewhere'
A New York federal judge has apologized for not being prepared at a pretrial conference ahead of a damages retrial between lighting fixture company Lutron Electronics and the company whose window shade patent it was found to infringe, GeigTech East Bay.
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November 04, 2024
Google Looks To Toss Rumble's Search Antitrust Case
Google told a California federal court there's no need for a trial in Rumble's antitrust case accusing it of rigging its search results to favor YouTube over the rival video-sharing site, saying the tech giant applies its search algorithms consistently across all webpages.
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November 04, 2024
Ex-Dentons Atty Botched $54M Currency Deal, Jury Told
A Venezuelan lawyer blamed a former Dentons US LLP attorney Monday for a $54 million loss in a bolivar-to-dollars currency swap, telling a Miami jury that the attorney never communicated that the buyer of the bolivars had not agreed to deposit the U.S. dollars into escrow and instead proceeded with a doomed transaction.
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November 04, 2024
Microsoft Wants To Weigh In On Google Play Store Challenge
Microsoft has asked the Ninth Circuit to allow it to file an amicus brief backing Epic Games in Google's challenge to an injunction requiring Google to open up its Play Store to competing app stores, arguing that the search giant's policies have prevented Microsoft from offering "mobile gaming experiences customers want."
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November 04, 2024
Cigna Scores $7.3M Verdict Against Fla. Drug Testing Labs
A Connecticut federal jury on Monday handed Cigna Health and Life Insurance Co. a victory against three Florida boutique drug testing laboratories, finding the labs unjustly billed nearly $7.3 million for tests on substance abuse patients that the insurer declared medically unnecessary.
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November 04, 2024
Amazon Says DC Antitrust Suit Full Of 'Mischaracterizations'
Amazon hit back Friday against the District of Columbia's amended antitrust complaint, arguing that the business practices the city claims are diminishing competition and inflating prices for consumers are actually doing the opposite — rewarding competition — and claiming that retail competition is "vigorous" both online and in person.
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November 04, 2024
Colo. Justices Say Expert Testimony OK Without Formalities
The Colorado Supreme Court held Monday that the formal offer and acceptance of an expert isn't required for that expert's testimony to be admissible, finding in a published opinion that there's no actual state requirement for courts to use such a practice.
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November 04, 2024
Ericsson Settles Cell Site Patent Case On Eve Of Texas Trial
Ericsson reached a settlement over cellular infrastructure patents on Friday, allowing Verizon, AT&T and T-Mobile to avoid a looming trial in Texas federal court over their use of the technology.
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November 04, 2024
Farm Asks 4th Circ. To Undo $2.5M Severed-Foot Verdict
A North Carolina farm and four of the family members who run it urged the Fourth Circuit to undo a $2.5 million verdict in favor of a former worker whose foot was severed by a grain silo auger, arguing that the trial judge was wrong to say the evidence supported the jury's decision.
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November 04, 2024
Ex-LA City Hall Lobbyist Dodges Jail For Bribery Scheme
A California federal judge Monday sentenced a former Los Angeles City Hall lobbyist to six months home confinement for his role in conspiring to bribe a then-city councilmember, telling the defendant he started the day planning to sentence him to prison but changed his mind after hearing his "sincere" comments.
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November 04, 2024
Pa. Jury Finds Fastener Co.'s Ads Infringing, But Charts OK
A Philadelphia jury has delivered a mixed verdict in an industrial fastener manufacturer's intellectual property lawsuit against its competitor, finding that Peninsula Components Inc. improperly used Penn Engineering & Manufacturing Corp.'s "PEM" trademark in its online ads, but deciding that the mark's appearance on specification comparison charts was fair use.
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November 04, 2024
Texas Border Buoy Trial Delayed After En Banc Ruling
An Austin federal judge paused an impending bench trial between the Biden administration and the state of Texas over a 1,000-foot buoy barrier in the Rio Grande, reopening discovery Monday in the wake of an en banc circuit court opinion that slammed the judge for ordering the removal of the buoys.
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November 04, 2024
Hospital Can't Undo Widow's $5M Win Over Husband's Suicide
An Illinois state appeals court won't upend a $5 million verdict awarded to a widow against a Cook County hospital in a suit over her husband's death by suicide, finding that the widow's expert testimony was enough for a jury to conclude that the doctor's negligence led to the death.
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November 04, 2024
MVP: Proskauer's Bart Williams
Proskauer Rose LLP partner Bart Williams led Gilead Sciences Inc. to a victory over a $3.6 billion antitrust lawsuit, and helped Netflix resolve claims that Ava DuVernay's show about the Central Park Five defamed the prosecutor of the later-exonerated men, earning him a spot as one of the 2024 Law360 Trials MVPs.
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November 04, 2024
Feds Slam Ozy Media CEO's 'Last-Ditch' Effort To DQ Judge
Prosecutors have pushed back against Ozy Media CEO Carlos Watson's "last-ditch effort" to get his fraud and identity theft convictions undone, insisting that investments owned by the New York federal judge overseeing his case are in hedge funds and not in Watson's victims, and are too small to matter.
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November 04, 2024
NFL Stakes Out Appeal Rights In Sunday Ticket Antitrust Fight
While the NFL was able to overturn a $4.7 billion antitrust jury verdict against its Sunday Ticket broadcasting package, the league is nevertheless staking out an appeal at the Ninth Circuit in case the fight is turned on its head again.
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November 01, 2024
Texas Justice Says Amici Should Get Say In Religion Case
A Texas Supreme Court justice released a statement Friday saying the court should have granted First Liberty Institute's request for five minutes to argue its position in a case about religious freedom under the Lone Star State's constitution, saying help from an amici would be "sensible and advisable."
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November 01, 2024
No New Trial For Akoustis After $39M Trade Secret Case Loss
A federal judge has refused to give Akoustis Technologies Inc. another trial after jurors earlier this year told it to pay wireless company Qorvo Inc. nearly $38.6 million for trade secrets and infringing misappropriating acoustic wave resonator patents.
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November 01, 2024
Kroger Blasts 'Food Desert' Fears From Wash. Nonprofits
Kroger and Albertsons said the trial judge in Washington's bid to block a $24.6 billion merger should reject amicus briefs from two cities, a food bank and a poverty nonprofit, saying their assertions that the deal would inflate grocery prices and create food deserts in some communities rehash claims by activists and the media.
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November 01, 2024
IBM Settles $19.5M EDTX Case Over 'Blockchain' Software
IBM told U.S. District Judge Rodney Gilstrap on Friday that it has reached a settlement in principle with an Oklahoma litigation outfit that won a $19.5 million patent verdict from a federal jury in Marshall, Texas, back in September.
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November 01, 2024
GRSM50 Won't Be Disqualified In Detroit Hotel Firing Suit
A Michigan federal judge has refused to disqualify Gordon Rees Scully Mansukhani LLP from representing an upscale Detroit hotel in a retaliation suit filed by three fired employees, but flagged the firm for being "negligent" in its handling of discovery in the case.
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November 01, 2024
Del. Chancellor To Issue Musk Pay Suit Ruling By Year's End
Delaware's chancellor said she'll issue a final ruling by the end of the year in the lawsuit challenging Tesla CEO Elon Musk's multibillion-dollar stock-based compensation plan, stating it's taking longer than expected to determine whether to allow a post-verdict stockholder vote to resurrect the pay package.
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November 01, 2024
Mich. AG Hits Paper Company With PFAS Discharge Suit
Michigan's attorney general has hit Ox Paperboard WP LCC and one of its mills with a state court suit alleging that they have repeatedly discharged "forever chemical"-contaminated wastewater into the White Pigeon River.
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November 01, 2024
What Happens To Ga. Election Case If Trump Wins?
The fate of the Georgia election interference case against former President Donald Trump is on the ballot this November, according to legal experts, who told Law360 that a Trump victory would likely mean any trial would have to wait until he completes his term in office.
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November 01, 2024
Accountant Gets 1 Year For Failing To Report Stolen Income
An accountant for a manufacturing company who embezzled more than $800,000 and failed to report it on his tax returns was sentenced to just over a year in prison and ordered to pay $1 million in restitution, according to New Jersey federal court documents.
Expert Analysis
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Google And The Next Frontier Of Divestiture Antitrust Remedy
The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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5 Credibility Lessons Trial Attys Can Learn From Harris' Run
In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.
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Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent
A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Ways Life Sciences Cos. Can Manage Insider Trading Risk
In light of two high-profile insider trading jury decisions against life sciences executives this year, public companies in the sector should revise their policies to account for regulators' new and more expansive theories of liability, says Amy Walsh at Orrick.
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Strategies To Defend Against Healthcare Nuclear Verdicts
The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Bayer Antitrust Case Hinged On Evolving Market Definition
Generic flea and tick medication manufacturer Tevra's evolving market definition played a key role in the development and outcome of its five-year antitrust litigation against Bayer Healthcare, highlighting challenges that litigants may face when a proposed definition is assessed at trial, say Amy Vegari and Colleen Anderson at Patterson Belknap.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.