A split Federal Circuit panel on Thursday erased Insulet Corp.'s trade secret victory against EOFlow Co. Ltd., holding that the medical device maker filed its claims too late and reversing a $452 million jury verdict that was later reduced to $59.4 million.
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TOP NEWS

Split Fed. Circ. Says $452M Trade Secret Case Was Untimely

By Ivan Moreno

A split Federal Circuit panel on Thursday erased Insulet Corp.'s trade secret victory against EOFlow Co. Ltd., holding that the medical device maker filed its claims too late and reversing a $452 million jury verdict that was later reduced to $59.4 million.

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Justices Say 'Last-Mile' Drivers Can Skip Arbitration

By Max Kutner

An exemption to federal arbitration requirements for workers engaged in interstate commerce can extend to what are known as last-mile drivers who locally deliver goods that travel interstate, the U.S. Supreme Court held Thursday, resolving an issue that lingered after previous high court decisions.

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Spirit Seeks Bonuses To Keep Top Brass Through Wind-Down

By Ben Zigterman

Spirit Airlines has asked a New York bankruptcy judge to approve an incentive program aimed at keeping its CEO, general counsel and vice president of special projects employed while the carrier winds down.

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Ex-Reebok CEO Says Biotech Investor Suit Was Shakedown

By Julie Manganis

Former Reebok CEO and billionaire philanthropist Paul Fireman said a "baseless" shareholder lawsuit against him and a biotech company he later sold to Janssen Pharmaceuticals Inc. for $85 million was an effort to get him to "cave" to demands for more money, according to a complaint filed in Massachusetts state court Wednesday.

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Hospital Operator, Execs Ink $32M FCA Settlement With Feds

By Sarah Jarvis

Psychiatric hospital operator Oglethorpe Inc. has agreed to pay $32 million and be excluded from all federal healthcare programs for 10 years to resolve allegations it knowingly failed to return Medicare overpayments in violation of the False Claims Act.

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POLICY & REGULATION

6th Circ. Nixes Aircraft Co.'s $39M Excise Tax

By Kat Lucero

A fractional jet company is not liable for a $39 million air transportation excise tax because the levy applies only to its usage charges for each flight, not the fixed costs for management and operations, the Sixth Circuit ruled.

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ENFORCEMENT

Tesla Must Face Calif. Agency's Race Bias Fight In July Trial

By Dorothy Atkins

A California state judge has mostly rejected Tesla Inc.'s bid for a summary judgment win in the California Civil Rights Department's lawsuit alleging the electric-auto maker has allowed racism to run rampant at its Fremont factory, sending the high-stakes civil rights dispute to a July 20 jury trial.

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Ex-TD Bank Worker Admits Role In $3M Customer Fraud Scam

By Dorothy Atkins

A former TD Bank NA financial service representative entered a plea deal in New Jersey federal court Wednesday, admitting to defrauding bank customers and bribing an employee at another financial institution to falsify bank records to facilitate a $3.4 million fraud scheme.

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LITIGATION

Trump Amends $10B WSJ Defamation Suit Over Epstein Story

By Hailey Konnath

President Donald Trump has filed a new version of the complaint in his $10 billion defamation suit against The Wall Street Journal over an article reporting that he sent a "bawdy" birthday letter to sex offender Jeffrey Epstein, this time claiming that the reporters knew or should've known the letter didn't exist.

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HSBC Defeats Most Claims In First Citizens' Poaching Suit

By Elliot Weld

A California federal judge has dismissed the bulk of First Citizens Bank & Trust Co.'s suit against HSBC alleging the latter induced a mass resignation and misappropriated trade secrets, saying the court still didn't have any jurisdiction over some defendants and that an amended complaint had not cured issues with a previously dismissed complaint.

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WHO 'Changed The Rule' To Find Talc-Cancer Link, Jury Told

By Craig Clough

A Johns Hopkins epidemiologist told a California jury Thursday considering bellwether claims that Johnson & Johnson's talc products caused deadly ovarian cancer in three women that a World Health Organization agency's recent reclassification of talc as being probably carcinogenic only came about because it "changed the rule" over what evidence it considered.

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King & Spalding Blocked From Exiting $300M Fraud Lawsuit

By Brian Steele

King & Spalding LLP and Lennon Murphy & Phillips LLC can't withdraw from representing clients in consolidated litigation over an alleged $300 million stock swindle, a Connecticut state court judge has ruled, saying the firms' motions ahead of a June trial lack good cause.

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PEOPLE

Husch Blackwell Adds Manatt Healthcare Duo In LA

By Adrian Cruz

Husch Blackwell LLP announced that a pair of Los Angeles-based commercial litigators from Manatt Phelps & Phillips LLP have joined the firm as part of its focus on expanding its California healthcare capabilities.

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EXPERT ANALYSIS

Musk-OpenAI Verdict Shows Value Of Early-Stage Governance

A California federal court's ruling last week in Musk v. Altman preserves the status quo at OpenAI, but signals to the technology industry at large that courts will not relitigate the governance decisions of early-stage organizations on a founder's competitive timetable, surfacing questions that will outlast the litigation, says attorney Alan N. Walter.

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Series

Studying Foreign Languages Makes Me A Better Lawyer

Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

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LEGAL INDUSTRY

Brief

Davis Polk Adds A&O Shearman Antitrust Partner In NY

By Andrea Keckley

Davis Polk & Wardwell LLP has hired a former A&O Shearman partner, who joined its antitrust and competition practice in New York.

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Bonus Spotlight

Selendy Gay Doles Out Spring Associate Bonuses

By Aebra Coe

New York litigation boutique Selendy Gay PLLC paid its associates spring bonuses of as much as $25,000 this week, according to the firm.

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Ex-Calif. Appellate Judge To Take Over As Law School Dean

By Rose Krebs

A former California appellate justice, who was the first Muslim to serve as a Court of Appeal justice in the U.S., has been named Western State College of Law at Westcliff University's next dean.

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Dems Say DOJ Blocked Bondi On Trump Questions

By Courtney Bublé

Democrats were incensed on Friday that the U.S. Department of Justice attorneys who accompanied former Attorney General Pam Bondi to her committee interview stopped her from answering questions about President Donald Trump.

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Civil Rights Icon Clarence B. Jones Dies At 95

By Andrea Keckley

Civil rights icon Clarence B. Jones, a speechwriter and personal attorney to Martin Luther King Jr., died May 22 at an assisted living facility in the Santa Clara County city of Cupertino, California, his family confirmed earlier this week. He was 95.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Megan Norcott

The past week in London has seen the billionaire who donated £5 million ($6.7 million) to Nigel Farage sue Ben Habib, the leader of far-right party Advance UK, for defamation; Mashreqbank bring claims against three subsidiaries of dissolved private equity giant Abraaj Group for commercial fraud; and the property and investment vehicle of the State of Kuwait be targeted by four real estate figures who filed a miscellaneous claim. Here, Law360 looks at these and other new claims in the U.K.

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Titan Of The Plaintiffs Bar: Boies Schiller's Matthew Schwartz

By Sarah Jarvis

Matthew L. Schwartz oscillated among many career aspirations as a kid, from astronaut to mayor of New York. When it was time to head off to college, the man who would go on to handle the prosecution of employees tied to Bernie Madoff and become chair of Boies Schiller Flexner LLP set his sights on science, earning an undergraduate degree in physics.

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Law360's Legal Lions Of The Week

By Kevin Penton

Phillips Black Inc., Hogan Lovells and Watkins & Eager PLLC lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that a Black Mississippi death row prisoner who argued racial discrimination tainted his jury selection is entitled to habeas corpus relief.

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DLA Piper Hires Real Estate, Construction Partner In Seattle

By Nate Beck

DLA Piper said it has added a Seattle-based real estate partner with experience advising a range of construction projects including data centers, mixed-use projects, schools and renewable energy facilities.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Kirkland & Ellis says it's investing a half billion dollars into developing its own artificial intelligence platform to better serve clients. And Law360 looks at the general counsel who is guiding BP through its latest leadership crisis after the company abruptly dismissed its board chair.

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Baker McKenzie Asks Judge Not To Toss Suit Against Ex-Atty

By Alison Knezevich

A lawyer for Baker McKenzie on Friday urged a Washington, D.C., judge not to dismiss the BigLaw firm's defamation suit against a former tax associate who accused a firm office leader of sexual assault, telling the court the accusations were false and made with "malice."

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Fla. Panel Revives Firm's Suit Over Tobacco Case Referrals

By David Minsky

A Florida state appellate court revived a law firm's complaint alleging tortious interference against a widow over a contingency fee agreement involving tobacco injury case referrals, finding that the lower court wrongly tossed the lawsuit based on extraneous information even though there was sufficient evidence to support a claim.

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NY Judge Doubts Nussbaum-Linked Firms Belong In Ch. 11

By Emily Lever

A New York bankruptcy judge on Friday questioned whether his court was the proper venue to wind down two commercial real estate law firms headed by Mark J. Nussbaum as the debtors sought to ditch an assignment for the benefit of creditors process in New York state court.

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Trump Urges 3rd Circ. To Reverse 'Bizarre' Anti-SLAPP Loss

By Dorothy Atkins

President Donald Trump urged the Third Circuit on Thursday to find a Pennsylvania anti-SLAPP statute shields him from the Central Park Five's defamation claims, slamming the lower court's "truly bizarre" ruling in an opening brief filed the same day a DLA Piper partner and others joined Trump's defense team.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Akin Gump Owes Fees For Winebow's 'Self-Indulgent' Appeal

By Dorothy Atkins

The Ninth Circuit on Thursday ordered an importer's Akin Gump Strauss Hauer & Feld LLP attorneys to pay a European winemaker fees for having to defend against the importer's "spurious objections" to the winemaker's valid arbitral award, ruling that the importer's "self-indulgent" appeal warrants sanctions in the form of fees.

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Colo. Appeals Court Bars One-Way Fees In Eviction Cures

By Zach Dupont

A Colorado Court of Appeals panel on Thursday reversed the dismissal of a proposed class action against a group of landlords, Tschetter Sulzer PC and the Colorado Apartment Association accusing the collective of illegally extracting attorney fees from tenants during eviction proceedings.

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Double Shooting Renews Courthouse Safety Fears In NC

By Hayley Fowler

The shooting of two Fox Rothschild LLP attorneys outside a courthouse in Raleigh, North Carolina, ahead of Memorial Day weekend has renewed calls to protect the safety of judges and lawyers in an increasingly volatile justice system.

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Calif. Panel Reverses Order For Citing Atty's Bogus Case Law

By Dorothy Atkins

A California appellate panel on Thursday reversed a judgment in favor of a man accused of abusing his son, finding that "without doubt" the trial judge abused her discretion by incorporating the man's bogus legal citations into her ruling, despite being alerted to the mistakes in advance.

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LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Addleshaw Goddard

Akin Gump

Alan N. Walter Counsel

Allegaert Berger

Alston & Bird

Anderson Kill

Arnold & Porter

Ashurst LLP

Aurelian Law PLLC

Barclay Damon

Beasley Allen

Begelman & Orlow

Benesch

Boies Schiller

Brito PLLC

CMS Cameron McKenna Nabarro Olswang

Carey Olsen

Clark Hill

Clyde & Co

Cohen Milstein

Cooley LLP

DLA Piper

David Boies

Davis Polk

Davis Wright Tremaine

Dechert LLP

Fisher & Phillips

Florin Gray

Foley & Lardner

Fox Rothschild

Freeman Mathis

Freshfields

Gibson Dunn

Goodwin Procter

Gordon Rees

Greenberg Traurig

Gunster Yoakley

Gupta Wessler

Gusdorff Law

Haddon Morgan

Harrison LLP

Hill Dickinson

Hill Ward Henderson

Hogan Lovells

Holland & Knight

Husch Blackwell

Jones Day

King & Spalding

Kirkland & Ellis

Kline & Specter

Knobbe Martens

Latham & Watkins

Lennon Murphy

Lewis Silkin

Manatt Phelps

Mayer Brown

McGuireWoods

Milbank LLP

Mishcon de Reya

Mitby Pacholder

MoloLamken

Morgan Lewis

Nabarro LLP

Nicholas & Tomasevic

Nussbaum Lowinger

Padula Law Firm

Paris Smith LLP

Penningtons Manches

Perkins Coie

Pillsbury Winthrop

Polsinelli PC

Quinn Emanuel

Reed Smith

Robbins LLP

Robinson Calcagnie

Selendy Gay

Skadden Arps

Slater and Gordon

Spencer Fane

Spiro Harrison

Squire Patton

Stephenson Harwood

Swope Rodante

Thompsons Solicitors

Tucker Ellis

Umberg & Zipser

Varnum LLP

Wanger Jones

Ward Hadaway

Watkins & Eager

Werksman Jackson

White & Case

Wiggin & Dana

Winston & Strawn

Wisner Baum

Womble Bond

COMPANIES IN TODAY'S NEWS

Akin's

Aldi GmbH & Co. KG

Allied Irish Banks PLC

American Civil Liberties Union

American International Group Inc.

Anthropic PBC

Asset Living

Association of Corporate Counsel

BC Partners

BDO LLP

BP PLC

BTA Bank

Boston University

Brooklyn Law School

CRST International Inc.

Caesars Entertainment Inc.

Costco Wholesale Corp.

Dell Technologies Inc.

Dow Jones & Co.

Exxon Mobil Corp.

FTI Consulting Inc.

Financial Times Group Ltd.

First-Citizens Bank & Trust Company

Flowers Foods Inc.

Ford Motor Co.

Gallup Inc.

Gartner Inc.

Gattaca PLC

General Counsel AI Inc.

Genworth Financial Inc.

Gerald Holdings LLC

Glass Lewis & Co. LLC

Google LLC

HSBC Holdings PLC

Howden Broking Group Ltd.

Institutional Shareholder Services Inc.

Insulet Corp.

Insulet Corporation

Investments Ltd.

Johnson & Johnson

KRyS Global

Kuehne & Nagel International AG

Lendlease Corp.

LinkedIn Corp.

Macquarie Group Ltd.

Major Lindsey & Africa LLC

Mashreq PSC

MasterCard Inc.

Mediterranean Shipping Co. SA

Microsoft Corp.

Mindset

Monsanto Co.

Mortgage Connect LP

National Association for Law Placement Inc.

News Corp.

North Carolina State Bar

Old Navy LLC

OpenAI OpCo LLC

Phillips 66

Phillips Black Inc

R.J. Reynolds Tobacco Co. Inc.

Reebok International Ltd.

SVB Financial Group

Seattle University

Signature Resolution LLC

Sophos Ltd.

Southwest Airlines Co.

Spirit Airlines Inc.

Stanford University

Station Casinos LLC

Sulzer Ltd.

Tesla Inc.

The Abraaj Group

The Boeing Co.

The Gap Inc.

Thomson Reuters Corp.

TikTok Inc.

Toronto-Dominion Bank

Trafigura Group Pte. Ltd.

UCLA School of Law

University of Southern California

Verizon Communications Inc.

Visa Europe

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Civil Rights Department

City and County of San Francisco, California

Commonwealth of Massachusetts

Companies House

Competition Appeal Tribunal

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Trade Commission

Financial Conduct Authority

Florida Supreme Court

Food and Drug Administration

Internal Revenue Service

Mississippi Supreme Court

U.S. Army

U.S. Attorney's Office

U.S. Attorney's Office for the District of New Jersey

U.S. Attorney's Office for the Middle District of Florida

U.S. Attorney's Office for the Southern District of New York

U.S. Bankruptcy Court for the Southern District of New York

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. Navy

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

UK High Court

World Health Organization