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Trials
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July 31, 2024
1st Circ. Mostly Backs $5M Award In Biotech Recruiting Spat
The First Circuit left intact the vast majority of a $5 million post-trial award against a life sciences recruiting firm found to have misappropriated trade secrets from a rival involving placements at Takeda and Vedanta Biosciences.
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July 31, 2024
5 Trials To Watch In The 2nd Half Of 2024
Upcoming high-profile trials over star lawyer Tom Girardi's alleged fraud, Hunter Biden's taxes and Washington state's "patent troll" law are among the cases to watch in the latter half of the year.
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July 31, 2024
Pa. Uber Misclassification Case Tossed After 8 Years
A Pennsylvania federal judge tossed an 8-year-old suit by Uber Black drivers claiming the ride-sharing company misclassified them as independent contractors, saying the case lost hope of a resolution after two unsuccessful trials and a trip to the Third Circuit.
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July 31, 2024
Rising Star: Hueston Hennigan's Sourabh Mishra
Sourabh Mishra was one of the attorneys on the Hueston Hennigan LLP trial team representing Monster Energy Co. against the makers of Bang Energy drink, helping score a record-breaking $293 million false advertising judgment and earning him a spot among the trial attorneys under age 40 honored by Law360 as Rising Stars.
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July 30, 2024
DOJ Says Norfolk Southern To Blame For Amtrak Delays
The U.S. Department of Justice on Tuesday accused Norfolk Southern Corp. of illegally refusing to give passenger trains preference over freight trains, leading to widespread delays for Amtrak passenger trains on the route between New York and Louisiana last year.
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July 30, 2024
Texas Border Buoy Trial Must Go On, Judge Says
A Texas federal judge denied an attempt by Texas to stall an upcoming trial over the state's use of a buoy barrier meant to prevent illegal border crossings, saying in a Tuesday order that the state didn't explain why it had a "sudden emergency" that warranted a stay.
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July 30, 2024
Patent Award 10 Times Higher Than Request Found Excessive
A New York federal judge Tuesday kept in place a jury's verdict holding that lighting fixture company Lutron Electronics Co. willfully infringed rival GeigTech East Bay's window shade patent, but said $34.6 million for damages is excessive and, instead, offered GeigTech $3.8 million or a new damages trial.
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July 30, 2024
SEC Ruling Calls For FCC Revamp, Ex-Agency Lawyer Says
Although the U.S. Supreme Court's recent ruling that civil defendants must be allowed jury trials to contest government fines was focused on securities law, the ruling will also upend the Federal Communications Commission's in-house enforcement and require new legislation, warns an appellate lawyer and former FCC attorney.
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July 30, 2024
Young Thug's 3rd Judge Denies Mistrial For Bench Swaps
A Georgia judge who recently became the third presider in rapper Young Thug's sprawling racketeering trial ruled Tuesday there will be no mistrial on grounds of judge substitution, but said rulings on other mistrial motions are still to come.
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July 30, 2024
FTX Exec Gets Prison Report Date Delayed After Dog Attack
A New York federal judge on Tuesday allowed ex-FTX executive Ryan Salame to delay his surrender date to begin his prison term from August to October, as he was forced to undergo medical treatment and surgery after being mauled by a German shepherd while visiting a friend's house last month.
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July 30, 2024
Hytera Radio Redesign 'Infected' With Stolen IP, Motorola Says
Hytera Communications should be held in contempt for shirking royalty obligations on its latest line of digital mobile radio products because evidence shows the company's entire redesign process was "infected" with stolen trade secrets, Motorola Solutions argued Monday.
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July 30, 2024
PTAB Scraps 4 Patents At Heart Of $12M Google Trial Loss
A Texas app developer fighting Google over its calling patents has suffered a series of blows at the patent board after judges there ruled that language in most of those patents were not very new, putting a $12 million jury verdict for the app-maker in jeopardy.
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July 30, 2024
Baker Sterchi Expands Northwest In Merger With Seattle Firm
Regional firm Baker Sterchi Cowden & Rice LLC is expanding outside the Midwest as it takes on Seattle-based Christie Law Group PLLC on Sept. 1, the firm announced Tuesday.
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July 30, 2024
Rising Star: King & Spalding's Jessica Benvenisty
Jessica Benvenisty of King & Spalding LLP led the trial team for the mobile gaming platform Skillz Inc. and won a $42.9 million jury verdict in California in February against rival Aviagames for patent infringement related to fraud allegedly enabled by bots, earning her a spot among the trial attorneys under age 40 honored by Law360 as Rising Stars.
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July 30, 2024
Virginia Appeals Court Tosses Record $2B Trade Secrets Verdict
The Court of Appeals of Virginia on Tuesday reversed Appian Corp.'s $2 billion trade secrets judgment against competitor Pegasystems Inc., saying that the trial court made a series of errors on its way to the biggest jury award in state history and that a new trial was warranted.
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July 29, 2024
NYC Prof And Purported Dissident A Chinese Spy, Jury Hears
A New York academic and author secretly acted as an agent of the Chinese government in the United States, a prosecutor told jurors on Monday, betraying pro-democracy activists by feeding information to China's intelligence service.
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July 29, 2024
Live Nation Judge Tightens In-House Counsel's Access To Docs
A New York federal judge imposed new restrictions Monday on Live Nation in-house counsel's access to documents and testimony from witnesses from its rivals in the U.S. Department of Justice's antitrust lawsuit, tightening a days-old two-tiered system after hearing concerns from those competitors.
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July 29, 2024
Truth Social SPAC, Sponsors Battle In Chancery Over Payout
Attorneys for a founding investor in the special purpose acquisition company that took former President Donald Trump's social media site public told a Delaware vice chancellor Monday the SPAC ignored its charter and withheld information about the deal in order to avoid paying tens of millions in anti-dilution protection.
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July 29, 2024
Avon Hit With $24M Verdict For Janitor's Talc Exposure
A Cook County Circuit Court jury has awarded more than $24 million to the family of a former janitor who worked in one of Avon Products' Illinois facilities in the 1980s, finding the company negligently exposed him to asbestos-contaminated talc that caused him to develop mesothelioma.
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July 29, 2024
Gas Refinery Co. On Hook For Worker's $1.6M Injury Award
An Ohio appellate panel has affirmed a $1.6 million award to an energy services worker who suffered serious injuries after thousands of gallons of jet fuel spilled onto him, saying there is sufficient evidence to support the $5.3 million verdict, which was later reduced.
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July 29, 2024
Albright Grants Verizon, T-Mobile Wins Over VoIP-Pal
A sealed ruling from U.S. District Judge Alan Albright on Monday might have put an end to patent lawsuits facing Verizon and T-Mobile that were, at one point, potentially worth over $5 billion.
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July 29, 2024
Amex Inks $3M Deal To Settle Girardi Bankruptcy Suit Claims
American Express reached a $3 million deal to settle claims brought by the Girardi Keese bankruptcy trustee accusing the credit giant's banking unit and another subsidiary of enabling $50.25 million in fraudulent transfers as part of the now-defunct law firm's scheme to defraud creditors.
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July 29, 2024
Ex-Vitol Oil Trader Can't Unwind Conviction After Bribery Trial
A New York federal judge refused Friday to acquit former Vitol Oil Group trader Javier Aguilar or grant him a new trial following his February conviction on charges that he bribed Ecuadorian and Mexican officials to win $500 million in business deals for the global energy and commodities company.
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July 29, 2024
Trademark Cases To Watch In The Second Half Of 2024
The U.S. Supreme Court will hear arguments in a trademark infringement case regarding disgorgement of profits from corporate affiliates, and The Pennsylvania State University is headed to trial against a sports apparel retailer in a case with potentially huge ramifications for merchandise licensing. Here is a look at the trademark cases to watch for the rest of the year.
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July 29, 2024
Ex-Volunteer Hit With $30M Judgment For Filming Minor
A former youth swim team volunteer currently serving 25 years in federal prison for creating and distributing child pornography must pay $30 million to a girl he purportedly photographed in his bathroom without her knowledge when she was underage, a Connecticut state judge has ruled.
Expert Analysis
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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.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.