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Trials
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July 10, 2024
Atty Says Alaska Judge Reprimand Bolsters 4th Circ. Bias Suit
A former public defender awaiting a bench ruling on her sexual harassment claims against the federal judiciary said Wednesday that the judge deciding her case should note a recent ruling reprimanding an Alaska federal judge for his "sexualized relationship" with a clerk in which the Ninth Circuit Judicial Council determined that intent was irrelevant.
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July 10, 2024
Key Menendez Witness Faces Scrutiny As Closings Drag On
Closing arguments in U.S. Sen. Robert Menendez's bribery trial are set to go into a fourth calendar day after jurors watched multiple sets of defense counsel Wednesday tear apart the testimony of a key cooperating witness.
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July 10, 2024
9th Circ. Says Nev. Call Center Agents' Bootup Warrants Trial
The Ninth Circuit on Wednesday revived, for a second time, call center agents' collective action alleging the time spent turning on and off their computers before their shifts is payable under the Fair Labor Standards Act, finding that to be a factual issue that should be resolved through a jury trial.
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July 10, 2024
Intel Asks Del. Court To Affirm It Has License To VLSI Patents
Intel has launched a suit in Delaware federal court asking for an order that it already has a license to various VLSI patents, the latest in a sprawling legal fight between the two parties over microchips.
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July 10, 2024
Nike Wins Another Look At TM Atty Fees Ruling At 3rd Circ.
The Third Circuit on Wednesday undid a $5 million attorney fee award to a Pennsylvania clothing manufacturer that sued Nike Inc. for trademark infringement, ordering a federal trial court to look more closely at the specifics of the case to determine if the outcome was truly "exceptional."
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July 10, 2024
Archegos Founder Convicted Of $100B Fraud On Wall Street
A Manhattan federal jury on Wednesday convicted Archegos founder Bill Hwang of illegally injecting over $100 billion into Wall Street markets with lies to banks that ballooned stocks and his assets, before running his family-office hedge fund into the ground.
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July 10, 2024
Walmart IP Foe May Face $2.9M Penalty After Jury Win Tossed
Counsel for a food tech startup that saw its $115 million patent infringement verdict against Walmart nixed may be ordered to pay the retail giant's $2.9 million legal bill due to misrepresentations about a key piece of evidence, an Arkansas federal judge said.
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July 10, 2024
Ga. Judge Shakes Off YSL Bid To Step Aside From DQ Fight
A Georgia state judge has rejected a request from Atlanta rapper Young Thug that she step aside from handling his motion seeking another judge's recusal from his racketeering trial for allegedly colluding with prosecutors in a closed-door meeting with a key witness.
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July 10, 2024
Baldwin Trial Opens With 911 Call Blaming Assistant Director
Alec Baldwin on Wednesday began his defense to criminal charges over the "Rust" shooting by playing for a New Mexico jury a 911 recording in which the caller describes the fatal incident as accidental and then blames the film's assistant director for what happened.
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July 10, 2024
Atlanta, Ex-Worker Want Trial Rescheduled In Retaliation Case
The city of Atlanta and a former city department head who says she was fired after blowing the whistle on failures in its immigrant outreach services asked a Georgia federal judge on Tuesday to reschedule a jury trial set to start in August to allow time for private mediation.
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July 10, 2024
Ex-Ill. Senator Gets 3½ Years For Misusing Campaign Funds
Former Illinois state Sen. William "Sam" McCann has been sentenced to 42 months in prison following his post-trial admission to spending campaign funds on personal items such as trucks and recreational vehicles.
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July 10, 2024
Ex-CEO Convicted In COVID Test Kit Fraud Case
A former healthcare software executive was found guilty of securities fraud Wednesday by a New Jersey federal jury in the retrial of a case that ended in a hung jury in December.
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July 09, 2024
Ex-SF Transit Worker Tearfully Tells Of Vax-Mandate Firing
A former San Francisco Bay Area train system police department member who claims the transit agency religiously discriminated with its COVID-19 vaccination mandate testified tearfully on Tuesday that he felt guilt and anxiety after losing his job, saying his family almost had to sell their home.
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July 09, 2024
Hunter Biden Yanks New Trial Bid Feds Blasted As 'Laughable'
Hunter Biden yanked his bid for a new trial Tuesday that he argued was warranted based on the district court's purported lack of jurisdiction after a jury found him guilty of felony gun charges, retracting his motion and siding with Delaware federal prosecutors' reasoning after they slammed his arguments as "laughable."
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July 09, 2024
Nirvana, Marc Jacobs Reach Deal In Smiley Face Logo Fight
The rock band Nirvana, the fashion brand Marc Jacobs International LLC and a former record company employee have reached a settlement resolving a yearslong dispute over Nirvana's "smiley face" logo, according to a joint report filed in California federal court Tuesday.
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July 09, 2024
Veteran EDNY Federal Prosecutor Joins Covington
The former Criminal Division chief at the Brooklyn U.S. Attorney's Office has returned to private practice as a partner in Covington & Burling LLP's New York office, the firm announced Tuesday.
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July 09, 2024
HEC Can't Get Damages Over Injunction In Novartis Feud
A Delaware federal court on Tuesday shot down HEC Pharm Co.'s bid for damages stemming from a preliminary injunction against it over the launch of a generic version of Novartis Pharmaceuticals' blockbuster multiple sclerosis treatment Gilenya.
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July 09, 2024
NY Judge In Trump Case OKs Narrow Subpoena For Atty
An attorney who told reporters he held an impromptu hallway conversation with a New York state judge in the lead-up to February's $464.6 million civil fraud judgment against Donald Trump must turn over any communications he had with the court regarding the underlying action, according to a Tuesday ruling.
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July 09, 2024
NJ Jury Begins Deliberating COVID Test Kit Fraud Case
Jurors began deliberating Tuesday in the retrial of a securities fraud case that ended with a dramatic mistrial after a juror announced in open court last December that he disagreed with the guilty verdict that had just been delivered by the jury forewoman.
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July 09, 2024
Chiquita Says $38M Verdict Must Be Reduced
Chiquita said Monday that the $38.3 million verdict won by the families of victims of Colombian right-wing paramilitaries that were funded by the banana grower should be reduced because the damages awarded far exceed the caps on non-economic damages in Colombian law.
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July 09, 2024
Menendez Atty Accuses Feds Of 'Trickery' As Trial Nears End
The bribery case against Sen. Bob Menendez is being "fudged" to compensate for pervasive gaps in evidence, his counsel told a federal jury in Manhattan at the start of defense closing arguments Tuesday.
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July 09, 2024
Feds Seek 37 Mos. For Tippee In JPMorgan Insider Case
California federal prosecutors are seeking a three-year prison sentence for a Los Angeles man who was found guilty of trading on privileged information supplied by a childhood friend who was an analyst at JPMorgan Securities LLC, saying that his repeated lies under oath suggest he does not fully understand the consequences of his actions.
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July 09, 2024
2 Cooperators In Bankman-Fried Case To Be Sentenced In Fall
Two former FTX executives who pled guilty and testified for the government at the trial of Sam Bankman-Fried, the collapsed cryptocurrency exchange's founder, will be sentenced this fall, a New York federal judge said Tuesday.
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July 09, 2024
No Conflict For Ballard Spahr In Ex-Union Leader's Bribe Case
A Pennsylvania federal judge on Tuesday rejected a claim by former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty that his Ballard Spahr LLP defense team marred its representation of him in a bribery prosecution because of a conflict of interest with Comcast.
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July 09, 2024
Ex-DOJ Atty Tells Guo Jury Of Illicit Extradition Campaign
Prominent Chinese Communist Party critic Miles Guo capped off his defense to $1 billion fraud charges Tuesday with testimony from a former U.S. Department of Justice attorney, who admitted to participating in a plot to lobby the U.S. government for Guo's extradition to China.
Expert Analysis
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Perspectives
Justices May Clarify Expert Witness Confrontation Confusion
After oral arguments in Smith v. Arizona, the U.S. Supreme Court seems poised to hold that expert witness opinions that rely on out-of-court testimonial statements for their factual basis are unconstitutional, thus resolving some of the complications created by the court’s confrontation clause jurisprudence, says Richard Friedman at the University of Michigan Law School.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Landmark Product Safety Prosecution May Signal Sea Change
U.S. v. Chu, a novel prosecution and guilty verdict of corporate executives for failing to report product defects under a consumer safety law, will certainly not be the last case of its kind, and companies will need to prepare for the government’s increasingly aggressive enforcement approach, say attorneys at Cooley.
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Opinion
Anti-Kickback Statute Does Not Require But-For Causation
A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.