Top News

  • August 14, 2017

    Jury Awards Trucking Co. $31M Over Navistar Engines

    A Tennessee jury awarded a trucking company $31 million as it found that Navistar Inc. committed fraud and violated the state’s consumer protection laws when it sold the company 243 heavy-duty trucks without mentioning problems with its Maxxforce diesel engines, the trucking company’s lawyers said Monday.

  • August 14, 2017

    DirecTV Owes $4B For False Ads, FTC Says As Trial Opens

    DirecTV LLC should have to pay $3.95 billion for misleading millions of consumers about the actual costs of their subscriptions, the Federal Trade Commission told a California federal judge during opening arguments of a bench trial on Monday.

  • August 14, 2017

    Jury ‘Not Sure How To Go On’ In ‘Top Chef’ Extortion Case

    Jurors considering the fate of four Boston-area Teamsters accused of strong-arming a “Top Chef” TV crew into giving them unnecessary truck-driving work entered their 18th hour of deliberations Monday while suggesting a possible impasse and a lone holdout.

  • August 14, 2017

    Trump Takes Protracted Route In New China IP Probe

    President Donald Trump on Monday refrained from launching a formal enforcement action against China for its alleged shirking of U.S. tech companies’ intellectual property rights, opting instead to call for a broad examination of the issue that could eventually lead to more concrete steps down the road.

  • August 14, 2017

    Costco Hit With $19M Damages In Tiffany Trademark Fight

    A New York federal judge ruled Monday that Costco Wholesale Corp. must pay more than $19 million in a long-running trademark battle with Tiffany & Co., increasing a damages award handed down by a jury last year.

  • August 14, 2017

    2nd Circ. Says Slain Cuban's Family Can't Get BBVA Accounts

    The Second Circuit on Monday overturned a decision that allowed the family of a slain Cuban exile to search accounts linked to the Cuban government at U.S. branches of BBVA SA, saying that the lower court did not have jurisdiction to rule in the case.

  • August 14, 2017

    Intel CEO Joins Execs Fleeing Trump Council After Protests

    Intel's CEO became the third executive to quit President Donald Trump’s American Manufacturing Council on Monday after Trump failed to immediately and specifically denounce white supremacists who led a fatal rally in Charlottesville, Virginia, this weekend — a move first made by Merck's CEO and later followed by Under Armour’s top executive.

  • August 11, 2017

    Greatbatch-AVX Trial's Willfulness Stage Ends In Hung Jury

    A Delaware federal jury deadlocked Friday on a Greatbatch Ltd. claim that AVX Corp. acted willfully when it infringed a medical implant component patent, ending a week of split trial outcomes for the two industry competitors and longtime intellectual property antagonists.

  • August 11, 2017

    Baylor Waived Privilege On Parts Of Pepper Hamilton Report

    Baylor University waived its attorney-client privilege tied to a Pepper Hamilton LLP investigation of sexual assaults at the school by disclosing findings and conclusions from the firm’s report, but can still assert work-product privilege to keep a majority of the report confidential, a Texas judge held Friday.

  • August 11, 2017

    Rakoff Puts $360M Transmar Bank Fraud Case On Fast Track

    Transmar Commodity Group Ltd. CEO Peter G. Johnson, his son and a financial executive at the belly-up New Jersey cocoa distributor denied charges Friday that they engaged in a massive $360 million bank fraud, and Manhattan U.S. District Judge Jed S. Rakoff put the case on track for an April trial.

  • August 11, 2017

    Judge Erred On Medicare Appeals Backlog, DC Circ. Rules

    A federal judge acted too hastily when he ordered the U.S. Department of Health and Human Services to clear Medicare’s huge backlog of hospital billing appeals despite HHS’ assertion that such action would be legally impossible, the D.C. Circuit ruled Friday.

  • August 11, 2017

    DC Circ. Backs NLRB's Specialty Healthcare Standard

    The D.C. Circuit rejected a challenge on Friday to the National Labor Relations Board’s Specialty Healthcare standard for analyzing the appropriateness of proposed “micro” bargaining units, saying a group of “riggers” at a concert equipment setup company can unionize separately from non-rigger colleagues.

  • August 10, 2017

    Del. Jury Finds AVX Infringed Greatbatch Device Patent

    A federal jury in Delaware on Thursday found that AVX Corp. infringed one of the Greatbatch Ltd.'s patents at issue in a weeklong trial connected to pacemaker components, setting in motion further proceedings to determine whether the infringement was willful.

  • August 10, 2017

    Benchmark Seeks Kalanick's Uber Board Ouster, Damages

    Early Uber champion Benchmark Capital Partners LP fired a broadside in Delaware Chancery Court on Thursday at the company and former CEO Travis Kalanick with a suit claiming fraud and concealment of gross mismanagement and seeking an injunction barring Kalanick's participation in board decisions.

  • August 10, 2017

    DC Circ. Won't Reconsider Lifting Methane Rule Stay

    The D.C. Circuit on Thursday rejected a request by states and industry groups to reconsider a July panel ruling that lifted the U.S. Environmental Protection Agency’s stay of portions of a rule intended to curb methane emissions from new oil and gas infrastructure.

  • August 10, 2017

    Justices Rescind Grant To Hear Ch. 11 Debt Rebranding Case

    The U.S. Supreme Court said Thursday that it erred in June when it took up a North Carolina bankruptcy dispute over whether debt used to finance the acquisition of a golf and residential real estate development was correctly recharacterized as equity after the original loan was sold to settle a foreclosure.

  • August 10, 2017

    Teamsters Tell Jurors ‘Top Chef’ Fracas Was Just A Picket

    Four Teamsters accused of roughing up a “Top Chef” television crew to get unneeded truck driving work told a federal jury in closing arguments of their extortion trial Thursday that they’re innocent because they were just trying to get real jobs.

  • August 10, 2017

    Cheerleader Uniform IP Case Ends With Unusual Settlement

    Five months after the U.S. Supreme Court ruled on a long-running copyright fight between two cheerleading uniform companies, the case came to a conclusion Thursday with an unusual settlement reached without one party's consent.

  • August 9, 2017

    Click Fraud Trial Shows Prosecutors Must Be Storytellers

    With the acquittal of an Italian man of all but one misdemeanor charge in what prosecutors described as a worldwide “click fraud” scheme to defraud advertisers, former federal prosecutors and cybercrime experts say the landmark trial may be a turning point in how complex cybercrimes are delivered to juries.

  • August 9, 2017

    Italian Sentenced To 1 Year For Click Fraud Scheme

    An Italian man convicted of breaking into a computer to obtain information to fuel a global “click fraud” scheme to defraud advertisers was sentenced to a year in prison by a Brooklyn federal judge Wednesday.

Expert Analysis

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.