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Trials
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July 02, 2024
After Fischer, Judge Releases Atty Convicted In Jan. 6 Riot
A D.C. federal judge ordered the release of a Georgia attorney imprisoned for storming the U.S. Capitol on Jan. 6, 2021, saying his pending appeal would likely result in his freedom after the U.S. Supreme Court narrowed an obstruction of Congress law used to convict him and others involved in the assault.
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July 02, 2024
Sentencing Relief Law Gets Another Supreme Court Look
The U.S. Supreme Court on Tuesday agreed to consider whether a sentencing reduction provision in the First Step Act can apply to defendants whose sentences prior to the 2018 law are vacated and who are resentenced with the statute in effect.
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July 02, 2024
Trump's NY Sentencing Pushed To Sept. After Immunity Ruling
A New York judge on Tuesday delayed Donald Trump's criminal sentencing from July 11 until Sept. 18 to give prosecutors and the former president's attorneys time to argue over whether the U.S. Supreme Court's immunity decision vacates his conviction.
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July 01, 2024
Giuliani Wants Bankruptcy Converted To Allow For Liquidation
Rudy Giuliani on Monday asked a New York federal bankruptcy judge to convert his voluntary Chapter 11 bankruptcy to a Chapter 7 proceeding, which would allow him to liquidate his assets to pay his debts.
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July 01, 2024
Trump Seeks To Vacate NY Verdict, Citing Immunity Decision
Former President Donald Trump's attorneys asked the New York state judge overseeing his hush money case to delay sentencing and consider setting aside the jury's guilty verdict in the wake of the U.S. Supreme Court's ruling on presidential immunity Monday.
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July 01, 2024
Ex-Ozy Media CEO Carlos Watson Takes Stand, Denies Fraud
Former Ozy Media CEO Carlos Watson on Monday testified that he is not guilty of charges that he deceived financial backers of the media and entertainment company about its allegedly dire financial state, while casting himself as the founder of an idealistic and scrappy startup that had more value than the government claims.
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July 01, 2024
Menendez's Sister Testifies Storing Cash Was Family Practice
An older sister of Sen. Robert Menendez who fled Cuba with their parents testified at the lawmaker's bribery trial on Monday that storing cash at home was a practice instilled by their father because of his deep distrust of banks.
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July 01, 2024
NJ Hospital Dodges $14.7M In Damages Over Audits
An accounting firm for the former operator of Hoboken University Medical Center has dodged more than $14.7 million in malpractice liability damages even though a New Jersey federal jury found it had violated professional accounting standards in audits of the financially struggling hospital.
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July 01, 2024
Hunter Biden Says Fox News 'Humiliated' Him With Mock Trial
Hunter Biden has accused Fox News of humiliating and harassing him with its fictional, six-part "mock trial" series, which he called a politically motivated attack that featured sexually explicit photos of him, according to a privacy and personal injury lawsuit filed Sunday in New York state court.
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July 01, 2024
UC Riverside Profs Win Combined $6.1M In Retaliation Trial
Two former University of California, Riverside professors were awarded a total of $6.1 million in damages by a jury that found they were retaliated against in violation of the California Whistleblower Protection Act after making official complaints about alleged misdeeds their supervisor was engaging in, including misuse of government funds.
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July 01, 2024
Juror Didn't Taint Trial Before Removal, Colo. Justices Say
The Colorado Supreme Court said Monday that a trial judge's rejection of a Black defendant's challenge to a juror for alleged racial bias did not infringe on the defendant's rights, according to a majority decision that concluded the error was harmless because the juror was ultimately sent home.
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July 01, 2024
Could Trump Get Jail In NY? We Dug Into 10 Years Of Data
Donald Trump could well be sentenced to a prison term after a New York state jury found him guilty on 34 felony counts, according to criminal justice data showing that many New York defendants convicted of those crimes face incarceration.
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July 01, 2024
How Broad Immunity Could Upend Trump's 4 Criminal Cases
The U.S. Supreme Court's landmark decision Monday that presidential immunity shields Donald Trump from criminal charges connected to his official acts creates a "nearly impossible burden" for the special counsel prosecuting Trump in the historic federal election interference case and complicates his other criminal matters, experts say.
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July 01, 2024
VC Co.'s Ex-Marketing Chief Wins $1.4M Damages In Retrial
A jury awarded $1.4 million in damages for unpaid bonuses to a former marketing director for a biotechnology-focused venture capital company after a retrial on the damages award, unanimously granting the ex-executive almost the same amount as an earlier award that a New York federal judge opposed.
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July 01, 2024
4th Circ. Hikes Damages In 'Unite The Right' Rally Suit
The Fourth Circuit ruled Monday that Virginia's punitive damages cap must be applied on a per-plaintiff basis, reversing a federal district court ruling that had limited a nearly $24 million verdict against white supremacists accused of planning violence at the 2017 "Unite the Right" rally to a total of $350,000.
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July 01, 2024
Feds Push To Keep IRS Agents Out Of Hunter Biden Tax Case
Two Internal Revenue Service whistleblowers who Hunter Biden said wrongfully disclosed his confidential tax information should not be allowed to intervene in his suit against the U.S. government, the government told a D.C. federal court Monday.
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July 01, 2024
Dish Faces Appeal After Beating Jury's $469M Verdict
A company that developed a way of skipping naughty scenes from movies wants the Federal Circuit to restore the $469 million that a jury in Salt Lake City ordered the satellite company Dish Network LLC to cough up for allegedly using those ideas to let customers skip commercials.
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July 01, 2024
NJ Judge Tosses J&J Unit's Libel Claim Over Talc Study
A New Jersey federal judge has tossed a bankrupt Johnson & Johnson unit's libel suit over a scientific article linking talcum powder to mesothelioma, ruling the challenged statements in the article are scientific conclusions protected by the First Amendment.
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July 01, 2024
Top Personal Injury, Med Mal News: 2024 Midyear Report
A high court ruling over whether bump stocks can be considered machine guns under a federal agency's rule banning the devices and a huge railroad settlement over a Norfolk Southern derailment disaster are among Law360's top personal injury and medical malpractice cases for the first six months of 2024.
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July 01, 2024
Bard, Hernia Mesh Claimants Can't Hide Injury MDL Deal Info
An Ohio federal judge denied a joint bid to seal a forthcoming settlement motion by C.R. Bard Inc. and hundreds of claimants who sued Bard and a subsidiary over their hernia mesh implants Monday, saying the parties had not given a compelling reason their deal should be secret.
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July 01, 2024
$18M Hoodie Blanket Verdict Stands Despite New Design Test
The Federal Circuit's newly revised test for proving that a design patent is invalid as obvious does not warrant a new trial following an $18.4 million verdict in a dispute between rival makers of wearable hoodie blankets, an Arizona federal judge ruled Friday.
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July 01, 2024
Judge Acquits Firm Co-Founder, 27 Others Over Panama Papers
When authorities raided the now defunct Panamanian law firm Mossack Fonseca as part of their investigation into the international money laundering case known as the Panama Papers, they didn't follow the chain of custody for evidence they seized, so 28 people accused in the conspiracy must be acquitted, a Panamanian judge has ruled.
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July 01, 2024
Supreme Court Gives Trump Immunity For Official Acts
Former presidents are entitled to absolute immunity from prosecution related to an indefinite list of official acts, the U.S. Supreme Court ruled Monday, partially releasing Donald Trump from liability for allegedly interfering with the 2020 presidential election, but ultimately tasking lower courts with sussing out the full extent of his immunity.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
'Nothing Stopping' Collection On $10B Verdict, LA Judge Says
A Los Angeles judge on Friday decided to amend the judgment from a $10 billion verdict that found business owner Haresh Jogani stole a multibillion-dollar real estate business from his four brothers, awarding stock potentially worth billions to the brothers while dismissing his attorney's objections that the order is not allowed due to Haresh Jogani's appeal.
Expert Analysis
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2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work
While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.
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How Zero-Point Offender Change Should Work Retroactively
After the U.S. Sentencing Commission voted to make its new zero-point offender amendment retroactive, counsel should understand several key issues for further advocacy, including arguments for a time-served sentence, to prevent unwarranted sentencing disparities, say attorneys at the Law Offices of Alan Ellis.
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How Zero-Point Offender Change Will Work Prospectively
The U.S. Sentencing Commission’s recent amendment, making defendants with zero criminal history points eligible for reduced sentences, is an important step toward decarceration, and counsel should understand how to effectively advocate for its application going forward, say attorneys at the Law Offices of Alan Ellis.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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The Likable Witness: 6 Personality Archetypes To Cultivate
During pretrial witness preparation sessions, a few key methods can help identify the likable personality type a witness intuitively expresses, which can then be amplified at trial to create an emotional connection with jurors, says Gillian Drake at On Trial Associates.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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The Likable Witness: Key Traits And Psychological Concepts
Though witnesses must appear credible to juries, they should also be likable in order to make an emotional connection, and certain gestural, behavioral and psychological aspects of their testimony can be modified to improve their perceived likability, says Gillian Drake at On Trial Associates.
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How Juror Questions Are Changing Civil Trials In Texas
Jurors in Texas are becoming increasingly involved during civil trials by submitting written questions for the judge or attorneys to ask witnesses — and given this new reality, attorneys must understand best practices for avoiding potential pitfalls at trial and beyond, say Daniella Main and Mia Falzarano at Alston & Bird.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Tossed FIFA Bribery Convictions May Spur New DOJ Offense
After a New York federal court vacated the bribery convictions of two defendants in the U.S. Department of Justice’s sprawling FIFA probe, prosecutors may continue to pursue foreign commercial corruption through other means, albeit with some limitations, say attorneys at Cleary.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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Opinion
Calif. Ruling Got It Wrong On Trial Courts' Gatekeeping Role
Ten years after the California Supreme Court reshaped trial judges’ role in admitting expert opinion testimony, a state appeals court's Bader v. Johnson & Johnson ruling appears to undermine this precedent and will likely create confusion about the scope of trial courts’ gatekeeping responsibility, say Robert Wright and Nicole Hood at Horvitz & Levy.
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How Jan. 6 Riot Cases Could Affect White Collar Defendants
Though the prosecutions of individuals involved in the Jan. 6 attack on the U.S. Capitol deal with fact patterns markedly different from white collar offenses, the emerging case law on what it means to act “corruptly” will likely pose risks and opportunities for white collar defendants and their attorneys, says Ben Jernigan at Zuckerman Spaeder.