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Trials
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July 26, 2024
Rising Star: Reichman Jorgensen's Jaime Cardenas-Navia
Jaime Cardenas-Navia of Reichman Jorgensen Lehman & Feldberg LLP has worked on major litigation and scored wins for clients against industry giants, including a $525 million verdict against Amazon, earning him a spot among the trial attorneys under 40 honored by Law360 as Rising Stars.
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July 26, 2024
Illinois Cases To Watch In 2024: Midyear Report
Illinois attorneys say they are considering the path forward for Springfield corruption prosecutions following a recent U.S. Supreme Court ruling, as well as paying attention to what comes next in Motorola Solutions' trade secret contempt fight and potential new guidelines for music copyright cases. Here are the cases to watch in Illinois for the rest of 2024.
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July 25, 2024
3rd Circ. Again Tosses J&J Talc Unit's 'Texas Two-Step' Ch. 11
The Third Circuit on Thursday affirmed the dismissal of the reworked Chapter 11 case of Johnson & Johnson's talc unit that used a controversial "Texas two-step" maneuver, saying the company still hasn't displayed the financial distress required to justify bankruptcy protection.
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July 25, 2024
Monsanto Says Appellate Win Should Stave Off Next PCB Trial
Monsanto told a Washington state court its recent appellate victory left another set of chemical poisoning plaintiffs without key testimony tying their health conditions to polychlorinated biphenyls, hoping to avoid the next trial in a group of cases involving a single school site.
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July 25, 2024
NY Jury Convicts Int'l Bank Safe Deposit Box Scammer
Following a seven-day trial, a New York federal jury in Brooklyn found a member of an alleged organized crime group guilty of stealing millions in cash and goods from European banks.
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July 25, 2024
Girardi Can't Block Firm's Chapter 7 Evidence In Fraud Trial
Tom Girardi can't exclude evidence from his upcoming trial that he claims prosecutors illegally obtained from his firm's bankruptcy trustee, after a California federal judge said Thursday no constitutional rights were violated since the evidence was the bankruptcy estate's property and in the trustee's possession.
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July 25, 2024
Google Wants To Keep 'Monopolistic Status Quo,' Epic Says
Epic Games assailed Google on Wednesday for overcomplicating and overpricing changes to the Play Store required by the gaming giant's antitrust jury win, arguing that what Google says are needed security and maintenance protocols are just the latest effort to relitigate the case and "weaken the remedy."
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July 25, 2024
Trump Judge Won't Exit Over 'Nothingburger' Atty Encounter
The New York judge who ordered Donald Trump to pay $465 million in penalties in his civil fraud case Thursday rejected the former president's demand that he step down from the case, saying a brief hallway encounter with an attorney acquaintance was a "nothingburger" that did not influence his decision.
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July 25, 2024
CSX Gets Trial Win In NY Railroad Switch Injury
A New York federal jury has sided with CSX Transportation Inc. in a suit by a man who alleged he was injured when a railroad switch closed on his foot, finding the company was not negligent on the day of the man's injury.
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July 25, 2024
11th Circ. Asked To Toss Execs' Dinar Fraud Convictions
Three executives of an Atlanta-based dinar exchange convicted of fraud after an advertising partner hyped the Iraqi currency by claiming its price could soar urged the Eleventh Circuit to toss their convictions Thursday, arguing jurors should have been told the difference between fraud and deceit.
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July 25, 2024
Defense Teams' Solidarity Key In Hawaii DA's Acquittal
California federal prosecutors' bribery case against a prosecutor, a businessman and an outside counsel collapsed after no defendant turned state's evidence and one even testified for the defense, showing the value of presenting a unified front, the winning lawyers said.
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July 25, 2024
DA Says Trump Immunity Ruling Doesn't Affect NY Convictions
Manhattan District Attorney Alvin Bragg told a New York judge Thursday that the U.S. Supreme Court's presidential immunity ruling has no bearing on Donald Trump's conviction in his hush-money case since the charges relate to unofficial acts.
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July 25, 2024
The 5 Biggest Mass. Top Court Rulings Of 2024 So Far
It was an eventful first half of 2024 for Massachusetts' top appellate panel, which issued a landmark sentencing ruling, weighed in on time limits in civil cases and addressed whether an attorney falling asleep mid-trial is grounds for a successful appeal.
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July 25, 2024
Texas Can Pursue 'Invasion' Defense In River Barrier Row
Texas can pursue an "invasion" defense in the Biden administration's suit over an anti-migrant barrier in the Rio Grande, a federal judge has ruled, saying the state could ultimately show migration at the southern border actually constitutes an invasion.
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July 25, 2024
Loeb & Loeb Says Ex-GC's Sanctions Motion Is Bogus
Loeb & Loeb LLP urged a Colorado federal judge Wednesday to reject a former general counsel's allegations that it deliberately sent a thumb drive of documents that aren't text searchable, saying they are actually searchable and would have otherwise sent over 64,000 physical pages that weren't.
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July 25, 2024
Both Sides Seek Fees After Jury Axes Elevated Stairs Patent
Following a jury verdict this month invalidating a patent on elevated stairs used by law enforcement, both the patent owner and the accused infringer, his former employer, have moved for attorney fees, with each claiming the opposing side's arguments were baseless.
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July 25, 2024
Ex-Defender Says Judiciary Reform Study Buoys Bias Suit
A former public defender who accused the federal judiciary of flubbing its investigation of her sexual harassment claim has doubled down on her request for the court to take notice of a recent study promoting judiciary workplace reforms, hitting back at her opponent's attempt to discredit the report's relevance.
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July 25, 2024
The Biggest Copyright Decisions Of 2024: A Midyear Report
The justices ruled there's no time limit for how far back copyright plaintiffs can pursue infringement damages as long as their claims are timely, and an Ohio jury said video game developers didn't infringe a tattoo artist's works by depicting the images on basketball players. Here's a look at some of the most notable copyright decisions so far in 2024.
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July 24, 2024
Feds Say They're Shielded From Family Separation Damages
The U.S. Department of Justice told a California federal judge on Wednesday that the federal government was immune from claims brought by families seeking damages for emotional trauma after being separated at the border under the Trump administration.
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July 24, 2024
Paramount Defaulted On Co. Sale Doc Demand, Chancery Told
Paramount Global has "completely defaulted" on obligations to provide documents sought by a shareholder investigating controller Shari Redstone's alleged self-interested "usurpation" of the media company's sale opportunities, a stockholder attorney told a Delaware Court of Chancery magistrate Wednesday.
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July 24, 2024
Ex-Wells Fargo Director Angles For $32M In ADA Trial
A former Wells Fargo managing director is seeking more than $32 million in economic damages after he said the bank laid him off to avoid dealing with his accommodation request, a North Carolina federal jury heard Wednesday on the third day of his Americans with Disabilities Act trial.
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July 24, 2024
ABC, Stephanopoulos Must Face Trump Defamation Suit
A Florida federal judge on Wednesday refused to dismiss Donald Trump's defamation suit against ABC News and George Stephanopoulos over the anchor's on-air description of rulings in favor of writer E. Jean Carroll in her sexual abuse and defamation suits against the former president.
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July 24, 2024
Watchdog Clears DOJ In 'Unusual' Roger Stone Sentencing
The Justice Department did not bow to political pressure to push for a more lenient sentence for former President Donald Trump's longtime adviser Roger Stone, but the way in which the department handled the sentencing was "highly unusual" and the result of a U.S. attorney's poor leadership, according to a watchdog report released Wednesday.
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July 24, 2024
Ex-Atlanta Official Asks 11th Circ. To Toss Bribery Conviction
A former Atlanta city commissioner sentenced to 4½ years in prison for taking bribes from a local contractor in exchange for steering millions of dollars to the contractor's company told the Eleventh Circuit Wednesday that her conviction must be reversed given the U.S. Supreme Court's recent holding in Snyder v. U.S.
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July 24, 2024
Home Depot Truck Rental Keeps Win In Ramp Injury Suit
A New Jersey appeals court won't upend a midtrial win for Tool & Truck Rental at the Home Depot in a suit from a man who alleges he was injured because of a faulty ramp.
Expert Analysis
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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.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Lessons From DOJ's Handling Of Rare Medicare Fraud Case
The U.S. Department of Justice's recent indictment against HealthSun sheds light on the relatively rare circumstances in which the agency may pursue criminal charges for fraud involving Medicare Advantage, but its subsequent decision not to prosecute shows that compliance efforts can mitigate penalties, say attorneys at WilmerHale.
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What One Litigator Learned Serving On A Jury
Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Trials Law360 Guest Articles Of 2023
Law360 guest columnists provided a number of tips and insights for trial attorneys this year, including pitfalls to avoid in witness preparation, color psychology pointers that can enhance trial graphics, and strategies for excluding expert testimony.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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NY Wrongful Death Law Revamp Retains Original's Drawbacks
If approved by New York Gov. Kathy Hochul, the Grieving Families Act will transform the landscape of wrongful death law in New York by increasing the potential for damages, raising insurance premiums, burdening hospitals and courts, stifling the economy and subjecting parties to the unsettling effects of retroactive legislation, say attorneys at Shaub Ahmuty.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.