Trials

  • October 29, 2024

    Fed. Circ. Calls Plastic Co.'s IP Retrial Objection 'Frivolous'

    A panel of the Federal Circuit said Tuesday a plastic packaging manufacturer is making a "frivolous" objection to how a Massachusetts federal judge decided to set up a retrial scheduled next week over whether patents covering a kind of tamper-resistant container are invalid.

  • October 29, 2024

    Epic Urges 9th Circ. Not To Pause Google Play Store Fixes

    Epic Games Inc. has fired back against Google's request the Ninth Circuit issue an emergency stay pausing a lower court's antitrust injunction that would require Google to open up its Play Store to competing app stores, slamming Google's arguments as "scattershot," misleading and legally unfounded.

  • October 29, 2024

    Ex-ComEd GC Calls Madigan's Interest In Law Firm 'Strange'

    A Jenner & Block LLP attorney and former Commonwealth Edison general counsel testified Tuesday that he found it "strange" to read ex-Illinois House Speaker Michael Madigan was interested in the granular details of the utility's negotiations with Chicago law firm Reyes Kurson. Madigan's counsel, however, appeared to suggest a confidant and co-defendant had name-dropped the speaker in 2016 without actually talking to him. 

  • October 29, 2024

    Patent Partner Moves From King & Spalding To Steptoe

    A former King & Spalding LLP partner has made the jump to Steptoe LLP, filling out the firm's team of California-based litigators who take on patent cases.

  • October 29, 2024

    Ex-Cleveland Councilman Can't Cut 6-Year Fraud Sentence

    An Ohio federal judge will not allow a former Cleveland city councilman to get out of jail on compassionate release, ruling the ex-politician "has never demonstrated any remorse for his criminal conduct" and should serve the remainder of his six-year fraud sentence.

  • October 29, 2024

    NBCU Wants Trump's Immunity Arguments Broadcast

    NBCUniversal is asking the D.C. federal court to provide a live feed of the "historic oral argument" over whether Donald Trump is immune from prosecution on charges that he conspired to overturn the results of the 2020 election.

  • October 29, 2024

    Building Co. Cops To Worker Scheme Tied To Tax Fraud

    A truss building company pled guilty to conspiring to hide its employment of dozens of unauthorized workers from the U.S. Department of Homeland Security with a former employee, who admitted to filing false tax returns as part of the scheme, according to Florida federal court documents.

  • October 29, 2024

    Bannon Released From Prison As Election, NY Trial Loom

    Former President Donald Trump ally Steve Bannon was released from federal prison Tuesday after serving a four-month sentence for contempt of Congress, a week before Election Day and a month and a half ahead of his next criminal trial in New York.

  • October 29, 2024

    Oil Trader's Brother Gets Probation, Fine For Brazilian Bribes

    An ailing Connecticut man who admitted to helping his brother pull off a scheme to bribe officials at Brazil's state-owned oil company has been sentenced to probation, a fine and asset forfeiture, federal court records showed Tuesday.

  • October 28, 2024

    Union Pacific Told To Face Injury Retrial With Reinstated Expert

    Railroad giant Union Pacific must face retrial against an injured worker after a California appeals court ruled that an expert with decades of rail experience but no formal accident-analysis training was wrongly blocked from telling a jury how a freight train behaves when starting up.

  • October 28, 2024

    Handbag Cos. Turn To 2nd Circ. Over Pause On $8.5B Merger

    The owners of Michael Kors and Coach plan to ask the Second Circuit to review a New York federal judge's order granting the Federal Trade Commission's bid to halt an $8.5 billion merger between the companies while the agency conducts an in-house merger challenge, according to a notice filed Monday.

  • October 28, 2024

    ​​​​​​​Nokia Strikes Deal Ahead Of Trial In Texas Patent Co.'s Suit

    Less than two weeks before a jury trial is set to begin, intervenor Nokia of America and patent owner Wireless Alliance LLC struck a deal resolving part of a lawsuit accusing telecommunication behemoths AT&T, Verizon and T-Mobile of patent infringement, according to a settlement notice filed in Texas federal court Friday.

  • October 28, 2024

    Ontrak Founder Can't Wipe Novel Insider Trading Verdict

    A California federal judge has upheld Ontrak founder Terren Peizer's first-of-its-kind insider trading conviction, holding that jurors had "more than enough evidence" to determine he based a $20 million share sale on nonpublic information that the health tech company was about to lose its biggest client.

  • October 28, 2024

    Monsanto Attys Fined $20K For Late Reports In PCB Trial

    A Washington state judge has ordered eight attorneys defending Monsanto in a Seattle PCB poisoning trial to pay $2,500 each to the local bar foundation for late disclosure of expert reports, saying the "sting" of personal sanctions should deter any future bad behavior causing "chaos and disruption."

  • October 28, 2024

    Consciousness Not A Factor In $15M Pain And Suffering Verdict

    A urological surgeon can't trim a $15 million jury verdict awarded to the wife of an octogenarian patient who died due to the doctor's alleged negligence, a Georgia state appeals court has ruled, rejecting arguments that a patient can't get pain and suffering damages because he was mostly unconscious.

  • October 28, 2024

    Rebar Giant Pushed 'Hands-Off Calif.' Deal, Antitrust Jury Told

    Commercial Metals Co.'s ex-CEO conceded during a federal antitrust jury trial Monday that the Texas rebar giant pushed micromill-maker Danieli Corp. into a "hands-off California" exclusivity provision barring Danieli from developing most Golden State rival mills days after discovering Pacific Steel Group was planning to build a mill in Southern California with Danieli.

  • October 28, 2024

    For-Profit College Says Colo. Can't Show Broad Public Harm

    A defunct for-profit college told a Colorado judge Monday that the state hasn't shown enough students were directly impacted by its allegedly deceptive trade practices for consumer protection claims to survive, in a decade-old case that is now back before a trial judge after years of appeals.

  • October 28, 2024

    Parts Manufacturer Tells Pa. Jury Competitor Poached Stats

    A lawyer for hardware manufacturer Penn Engineering & Manufacturing Corp. told a federal jury in Philadelphia on Monday that one of its competitors used performance data from Penn's products to boost its own line of parts, creating confusion among consumers.

  • October 28, 2024

    Flint Bellwether Delayed On Eve Of Trial, Again

    A Michigan federal judge delayed Monday a bellwether trial set to determine if a water engineering firm was professionally negligent for its role in the Flint water crisis one day before jury selection was scheduled to begin and without explanation. 

  • October 28, 2024

    Boston Pizzeria Owner Gets Over 8 Years In Forced Labor Row

    A Massachusetts federal judge sentenced the owner of a Boston pizzeria to 8½ years in prison after a jury in June convicted him for using physical abuse and threats of violence and deportation to control hourly foreign workers who lacked work authorization.

  • October 28, 2024

    NC Swaps Checks For Prepaid Debit Cards To Pay Jurors

    North Carolina state court officials announced Monday that they've changed the payment method for jurors in an effort to cut down on paper and will instead issue prepaid debit cards to compensate citizens for jury duty.

  • October 28, 2024

    FTC, DOJ Tell 9th Circ. Google Wrong On Play Store Fixes

    Federal antitrust enforcers told the Ninth Circuit there should be consequences after a jury found Google monopolized the Android app distribution market, as Google pushes to keep a court order paused in the antitrust case being brought by Epic Games.

  • October 28, 2024

    Metals Co. Owner Convicted Of Tax Fraud In $58M Theft Case

    A Delaware federal jury convicted the owner of a gold and silver depository of tax fraud and other crimes tied to the government's accusations that he stole $58 million in precious metals from his customers, according to court filings.

  • October 28, 2024

    FuboTV Fights To Keep Broadcast Bundling Under Scrutiny

    Sports streaming service FuboTV is pushing to keep its antitrust claims against the content distribution used by Disney, Fox and Warner Bros. Discovery in court, telling a New York federal judge such arrangements "freeze out" smaller distributors.

  • October 28, 2024

    Ozy Media CEO Wants Conviction Nixed Over Judge's Assets

    The New York federal judge who presided over the fraud and identity theft trial of former Ozy Media CEO Carlos Watson should be disqualified from the case because he failed to disclose that he had investments in four of the companies victimized by Watson, according to the onetime executive, who is trying to get his conviction overturned.

Expert Analysis

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Antitrust Issues To Watch Amid Google Ad Tech Trial

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    Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.

  • 6 Tips For Trying Cases Away From Home

    Excerpt from Practical Guidance
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    A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • A Blueprint For Structuring An Effective Plaintiff Case Story

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    The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants

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    A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    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.

  • Google And The Next Frontier Of Divestiture Antitrust Remedy

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    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.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    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.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    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.

  • 5 Credibility Lessons Trial Attys Can Learn From Harris' Run

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    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.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    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.

  • How Methods Are Evolving In Textualist Interpretations

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    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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