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Trials
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March 04, 2025
Gov't Says 2 Lab Owners Billed $40M In COVID Test Scheme
Federal prosecutors opened their case Tuesday against two laboratory owners, telling jurors in Florida that they ran a more than $40 million scheme to submit medically unnecessary COVID-19 testing claims to healthcare benefit programs.
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March 04, 2025
Phillips 66 'Trickery' Merits $1.2B More Damages, Judge Told
A startup that won a $605 million trade secrets verdict against oil giant Phillips 66 argued Tuesday in California state court that its would-have-been acquirer owes an additional $1.2 billion for reprehensible conduct, including by in-house counsel who supposedly made "efforts to cover up" information theft.
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March 04, 2025
Apple Seeks Ban Against Masimo's Original Smartwatch
Apple has urged a Delaware federal judge to issue an injunction against a healthcare technology company found last year to have infringed two of the tech giant's design patents with its W1 smartwatch and charger, calling the defense's refusal to agree to the injunction "telling."
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March 04, 2025
Fla. Med Mal Damages Loophole Facing Lawmaker Scrutiny
With the new legislative session now underway in the Florida Legislature, state lawmakers are once again considering doing away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but healthcare providers are saying not so fast.
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March 04, 2025
Pool-Maker Hit With $25M Defect Verdict In Child's Drowning
A St. Louis federal jury has hit inflatables company Bestway USA Inc. with a $25 million verdict after finding its defectively designed above-ground pool was largely responsible for the drowning of a 2-year-old girl.
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March 04, 2025
Disney Animator Tells Jury 'Moana' Was His Original Idea
A longtime animation director for The Walt Disney Co. testified in California federal court Tuesday that his blockbuster movie "Moana" was inspired by Polynesian mythology and extensive research into the region and its culture, not the work of another artist now suing for copyright infringement.
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March 04, 2025
Pa. Justices Question 'Key' Witness Test For Forum Change
Members of the Pennsylvania Supreme Court wondered Tuesday if a state appeals panel established an unfair test by requiring parties seeking a new forum to shoulder the difficult burden of proving, very early in litigation, that faraway witnesses would be "key" to their case.
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March 04, 2025
2nd Circ. Mulls Blackmail Case's Effect On Fraud Conviction
Second Circuit judges looked tempted Tuesday to let Scott Tucker, who is incarcerated on charges that he ran a $2 billion payday lending scam, file a new appeal — after hearing that Tucker's trial counsel faced blackmail from an unrelated client during Tucker's $2 billion fraud trial.
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March 04, 2025
Atty Says He Feared For His Life Before Killing Attacker
Cramer & Anderson LLP partner Robert L. Fisher Jr. said Tuesday he was afraid for his life when he fatally shot a man who attacked him in the parking lot of his Connecticut law firm, and felt that he could not retreat from the confrontation.
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March 04, 2025
Trump Asks 2nd Circ. To Take Over Hush Money Appeal
President Donald Trump asked the Second Circuit to take over his New York state court appeal of his hush money conviction, saying the "extraordinary" case implicated official acts from his first term.
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March 04, 2025
NJ County Prosecutor Settles Detectives' Workplace Bias Case
The county prosecutor for Cape May, New Jersey, and two detectives who accused the office of fostering a hostile work environment where sexism and racial slurs were commonplace told a Garden State federal judge Tuesday that they have agreed to settle their dispute.
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March 04, 2025
Lead Testing Operations Chief To Admit Misbranding Charge
The former chief operating officer of Magellan Diagnostics will admit to defrauding the public by hiding flaws in the company's lead testing devices for years, according to a filing in Massachusetts federal court.
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March 04, 2025
Feds Seek 40 Mos. For Husband Of Ex-Takeda Exec
The husband of a former Takeda Pharmaceuticals vice president should spend more than three years in custody for his role in a fraudulent invoice scheme that netted the couple $2.3 million, prosecutors have told a federal judge in Massachusetts.
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March 04, 2025
Soccer League Demands New Trial After $500M Antitrust Loss
The defunct North American Soccer League asked a Brooklyn federal judge for a new antitrust trial over its claims that Major League Soccer and the American soccer governing body conspired to sabotage it, saying that improper instructions led a jury to reject the suit last month.
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March 04, 2025
New US Atty Wants 6-Month Pause Of Cognizant Bribery Trial
A federal judge has ordered the parties in a long-running Foreign Corrupt Practices Act case to file their positions Wednesday about how a 180-day adjournment would affect the Speedy Trial Act clock after a newly anointed U.S. attorney for the District of New Jersey asked to delay the trial of two former Cognizant Technology Solutions Corp. executives.
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March 03, 2025
Calif. Jury Struggling To Reach Verdict In Judge's Murder Trial
The murder trial of Orange County Superior Court Judge Jeffrey Ferguson took a dramatic turn on the fourth day of jury deliberations when jurors indicated they were at an impasse on whether Judge Ferguson is guilty of second-degree murder for shooting his wife to death in August 2023.
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March 03, 2025
Calif. Court OKs Slash Of $30M Med Mal Verdict To $250K
A California appeals court has agreed with the decimation of a $29.5 million wrongful death verdict against a chiropractor who cleared a teen with a heart condition for strenuous physical activity, saying the state's damages cap applies.
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March 03, 2025
Staffing Company Says Data Co. Dynata Stiffed It On $8M Bill
Connecticut-based market research company Dynata LLC stiffed a staffing company to the tune of $8 million after the staffing company refused to foot the bill for a wage and hour class action against Dynata, a Dallas jury heard Monday.
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March 03, 2025
Colo. Prospector Didn't Steal Anschutz Oil Secrets, Jury Told
A Colorado prospector told a Denver state jury on Monday that its $9 million sale of land next to Anschutz-owned oil and gas wells was not the result of stolen well production data, arguing Anschutz Exploration Corp. has no proof the prospector stole secret statistics.
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March 03, 2025
Ex-McKool Smith Atty Opts For Reichman Jorgensen In Austin
Reichman Jorgensen Lehman & Feldberg LLP has hired a former longtime McKool Smith patent litigator to run its office in Austin, Texas.
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March 03, 2025
Nike Says Lululemon Owes $2.8M As Shoe Patent Trial Begins
Nike opened a $2.8 million trial on Monday by telling a New York federal jury that athletic apparel maker Lululemon was only able to enter the shoe market by infringing Nike footwear manufacturing patents, while Lululemon suggested Nike's suit is aimed at hindering a key rival.
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March 03, 2025
Film Exec Testifies She Felt 'Set Up' By 'Moana' IP Claims
A movie executive told a California federal jury on Monday that she never shared a distant family member's script with The Walt Disney Co., and that she later felt "set up" and pressured to lie for this relative's copyright suit over the blockbuster animated film "Moana."
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March 03, 2025
VLSI Maintains Intel Doesn't Have A Free License To Its IP
VLSI Technology has urged U.S. District Judge Alan Albright to reinstate his 2022 decision that Intel Corp. doesn't have a license to its patents, saying no facts impacting a potential license have changed in the interim.
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March 03, 2025
DOJ Opposes Anthropic's Amicus Bid In Google Search Case
The U.S. Department of Justice is telling a D.C. federal judge to keep Anthropic PBC out of the remedies phase of its search antitrust case against Google, arguing that the artificial intelligence company is trying to backdoor its way to intervenor privileges through an amicus curiae request.
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March 03, 2025
Some 'ComEd Four' Bribery Counts Vacated Over Jury Charge
An Illinois federal judge on Monday ordered a retrial on four bribery charges in the case against an ex-Commonwealth Edison executive and three lobbyists convicted of conspiring to bribe former Illinois House Speaker Michael Madigan, finding the jury was improperly instructed in the wake of a recent U.S. Supreme Court ruling but leaving intact the overarching conspiracy conviction.
Expert Analysis
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.
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Key Rulings On Sentencing Guidelines After Loper Bright
The U.S. Supreme Court's landmark decision in Loper Bright v. Raimondo raised questions as to when and whether courts should defer to the U.S. Sentencing Guidelines' commentary in disputes over the guidelines' meaning — but some recent appellate court rulings provide insights for defense counsel in this area, say attorneys at Foley & Lardner.
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Trends In Section 101 Motions 6 Years After Berkheimer
A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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An Underutilized Tool To Dismiss Meritless Claims In Texas
In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Notable 2024 Trademark Cases And What To Watch In 2025
Emerging disputes between established tech giants and smaller trademark holders promise to test the boundaries of trademark protection in 2025, following a 2024 marked with disputes in areas ranging from cybersquatting to geographic marks, says Danner Kline at Bradley Arant.
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'Minimal Participant' Bar Is Tough To Clear For Whistleblowers
Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.