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December 05, 2024
DOJ Is Eyeing Foreign Patent Litigation Funding, GAO Says
The U.S. Department of Justice is examining the role foreign countries might be playing in funding patent litigation in the U.S., the Government Accountability Office said in a report released Thursday exploring the benefits and pitfalls of the proliferation of third-party intellectual property litigation financing.
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December 05, 2024
Judge Snubs Bid For $1M Bond On $22M 'Comfy' IP Verdict
An Arizona federal judge on Wednesday rejected a retailer's bid to pay a $1 million bond while appealing a $22 million judgment against it for infringing the design patents of Cozy Comfort Co., the maker of the "Comfy" sweatshirt featured on "Shark Tank."
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December 05, 2024
Man Says NC Failed To Prove He Had Cannabis, Not Hemp
A North Carolina man is appealing his conviction for possession and intent to distribute cannabis, saying the state failed to show evidence that the material they seized from him was cannabis as opposed to legal hemp.
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December 05, 2024
Combs Demands Court Inquiry Into Copied Jail Notes
Sean "Diddy" Combs urged a Manhattan federal judge to hold a special hearing and consider dismissing his sex-trafficking indictment after staff at the Metropolitan Detention Center photographed his allegedly privileged, handwritten notes during a sweep of the prison and sent them to prosecutors, who he says used the information to argue against bail.
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December 05, 2024
Insulet Wins $452M In Trade Secret Theft Trial
A Massachusetts federal jury has awarded Insulet Corp. $452 million after concluding that a South Korean company stole its trade secrets for a wearable insulin patch pump, marking one of the largest trade secrets verdicts of the decade.
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December 04, 2024
Intel, VLSI Agree To Pause Del. IP Fight Ahead Of Texas Trial
Prodded by a federal judge in Delaware, Intel Corp. and VLSI Technology LLC agreed Wednesday to stay motions to dismiss or transfer an Intel Corp. suit over claims that it already holds licenses to patents that VLSI asserts it controls, as a similar patent battle moves forward in Texas.
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December 04, 2024
7th Circ. Asks If Feds Went Too Far In $25M Kickback Case
The Seventh Circuit questioned where it should draw the line between "perfectly legal" and improper marketing conduct Wednesday as it considered vacating a medical equipment pharmacy owner's conviction for running an alleged $25 million kickback scheme with a patient-leads broker.
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December 04, 2024
Penn State Eyes Ban, Atty Fees After Trial Win Against Retailer
The Pennsylvania State University has asked a federal court in the Keystone State to permanently block an online retailer and its owner from selling merchandise that a jury found infringed the university's trademarks, and said it is entitled to attorney fees from the "serial infringers."
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December 04, 2024
Ex-Trump Atty Chesebro Looks To Invalidate Ga. Plea Deal
Kenneth Chesebro, a former attorney for President-elect Donald Trump and one of four Trump co-defendants to strike a plea deal with Georgia prosecutors, sought to overturn his agreement in a filing on Wednesday.
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December 04, 2024
Retaliation Case Over Mostly Nude Trucker Gets Green Light
A North Carolina federal judge declined to shut down a lawsuit from a trucker who said she was unlawfully fired for complaining about a co-worker walking around in his underwear, saying she was terminated suspiciously soon after she accused him of sexual harassment.
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December 04, 2024
Takeda Exec Duped Beau Into $2M Fraud, Jury Told
A Massachusetts man is accusing his wife, a former Takeda Pharmaceuticals vice president, of playing "puppet master" by tricking him into joining a scheme to steal millions from the drug company through fake invoices.
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December 04, 2024
Timothy Hutton, Production Co. Settle Over Firing From Show
Academy Award-winning actor Timothy Hutton has settled a $3 million dispute over his ouster from the Amazon crime drama reboot "Leverage: Redemption" amid sexual assault allegations, two months before he and the show's production company had been set to square off at trial in California state court.
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December 04, 2024
Fulton County DA Must Produce Trump Election Probe Docs
A Georgia state court judge has ordered the Fulton County District Attorney's Office to turn over documents from its election interference investigation that were sent to or received from special counsel Jack Smith and the U.S. House Jan. 6 Committee to conservative nonprofit Judicial Watch.
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December 04, 2024
Jan. 6 Rioter Unlikely To Succeed On Appeal, Judge Says
A District of Columbia federal judge ordered a convicted rioter from the Jan. 6, 2021, assault on the U.S. Capitol to serve the remainder of his more than four-year prison term while he appeals, saying his legal arguments are substantial but unlikely to result in a reduced sentence.
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December 03, 2024
Hunter Biden's Gun, Tax Cases Axed After Presidential Pardon
Federal judges in Delaware and California on Tuesday closed the books on Hunter Biden's felony gun and tax evasion cases, just ahead of his sentencing hearings, after President Joe Biden issued a sweeping pardon of his son over the weekend.
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December 03, 2024
Monsanto Expert Says No PCB Link To Kids' Conditions
Monsanto began its defense case Tuesday in the latest PCB trial with an OB/GYN who said he didn't believe that any of three sisters' skin problems or premature puberty stemmed from exposure to the chemical.
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December 03, 2024
Del. Justices Mostly Uphold Mindbody Merger Suit Ruling
Delaware's Supreme Court has upheld a Court of Chancery ruling that the former CEO of Mindbody Inc. is liable for an extra $1 per share plus interest to stockholders of the fitness software company but reversed the lower court's finding that Vista Equity Partners Management LLC, which acquired Mindbody in 2019, aided and abetted the executive.
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December 03, 2024
Antitrust Judge Rips Apple's 'Meritless' Doc Privilege Claims
Apple fought uphill Tuesday to convince a California federal magistrate judge that it properly withheld 57,000 documents from Epic Games due to attorney-client privilege in their antitrust fight, with the judge eventually telling its lawyer, "I disagree with everything you're saying, and the fact you're making these meritless arguments causes me concern."
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December 03, 2024
Hyatt's Appeal Of $177M Sex Assault Verdict Fails
A Missouri appeals court on Tuesday affirmed a $177 million verdict in a suit alleging that Hyatt Corp. caused a female guest's in-room sexual assault by a hotel security guard, saying the jury's $149 million punitive damages award was supported by the hotel's "conscious disregard" for its guests' rights.
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December 03, 2024
Former Officials Target DOJ, FTC Position In Epic V. Google
The U.S. Department of Justice and Federal Trade Commission drew criticism Tuesday from former officials who targeted the agencies' stance on Google's Ninth Circuit fight against the mandated opening of the Android Play Store, with the officials warning in an amicus brief against "compulsory sharing obligations."
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December 03, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
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December 03, 2024
$116M Fine Ignores 100-Year Precedent, Texas Justices Told
A trucking company seeking to escape a $116 million jury verdict that found it liable for a fatal crash told the Texas Supreme Court on Tuesday that the verdict disregards a nearly 100-year-old legal standard for determining negligence.
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December 03, 2024
2nd Circ. Says It's Too Late To Fight Over Funkadelic Songs
The Second Circuit has decided that it's a few decades too late for the courts to weigh in on a "genuine" copyright dispute between two feuding record labels that both claim to own some songs written by Funkadelic bandleader George Clinton in the late 1960s.
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December 03, 2024
Intel's License Fight With VLSI In Texas Gets May Trial Date
A Texas federal judge has set a May trial date for Intel's claim that it already has a license to VLSI's chip patents in their multibillion-dollar dispute.
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December 03, 2024
Google Wants Ad Tech Claims In Texas Heard By Judge, Not Jury
Google is pushing to have the Texas-led antitrust case targeting its digital ad technology tried to a judge instead of a jury, saying state enforcers are not entitled to have a jury decide whether the company violated the law or what penalties should be imposed if it did.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.