• August 16, 2017

    Testifying Exec A 'Convincing Liar,' Texting Scam Jury Hears

    Counsel for a former mobile technology company executive accused of participating in a scheme that reaped millions by signing unknowing consumers up for messaging services went after one of the company's ex-vice presidents Wednesday, relentlessly lobbing questions in an effort to cast doubt on the man’s testimony and distance his client from the alleged crimes.

  • August 16, 2017

    J&J, Woman Spar Over Science At Cancer Trial's Close

    A woman alleging Johnson & Johnson’s talcum powder products caused her terminal ovarian cancer attacked the company’s credibility during Wednesday's closing arguments in the California trial, and J&J fired back that its opponent was misinterpreting scientific studies in her bid to win the case.

  • August 16, 2017

    Yogi's Ex-Atty Contests His 'Brazen' Appeal Of Bias-Suit Win

    Bikram Choudhury’s former attorney urged a California appellate court Wednesday to dismiss the yoga guru’s appeal of a $7 million judgment in her wrongful termination and sexual harassment suit, saying Choudhury’s “blatant, brazen violations” of court orders “disentitled” him to pursue his appeal.

  • August 16, 2017

    Oxbow Chancery Trial Postscript Puts Koch Atty On Stand

    An attorney for private equity investors in William I. Koch’s Oxbow Carbon LLC pressed R. Robert Pepeo, chairman of Mintz Levin Cohn Ferris Glovsky and Popeo PC, on Wednesday about alleged late-raised moves to avoid their cash-out demands, during questioning that closed out a six-day trial on the dispute.

  • August 16, 2017

    Fla. Appeals Court Affirms Judgment In $28.9M Smoking Suit

    A Florida appeals court on Wednesday affirmed a $28.9 million final judgment in a lawsuit brought by the family of a lawyer who died of lung cancer against R.J. Reynolds Tobacco Co. and Philip Morris USA Inc., finding the lower court hadn’t improperly eliminated two prospective jurors.

  • August 16, 2017

    Judge Quashes ‘Fat Leonard’ Capt.'s Gin Distilling Dreams

    A retired Navy captain ensnared in the broad-reaching “Fat Leonard” bribery scandal may have watched his dreams of becoming a master distiller sail into the sunset, after a federal judge on Tuesday rejected his request to leave the country for what he said was a make-or-break meeting with potential investors in a potential gin operation.

  • August 16, 2017

    DirecTV Website Ignored HHS Usability Rules, Expert Says

    A website design consultant took the stand amid DirecTV’s objections Wednesday in the Federal Trade Commission’s $3.95 billion bench trial over DirecTV’s allegedly misleading marketing practices, testifying that DirecTV’s website fell short of the U.S. Health & Human Services Department’s usability guidelines.

  • August 16, 2017

    FIFA Defendants Can't Get All Doc Translations, Judge Says

    Prosecutors do not have to hand over full English-language translations of documents produced in the FIFA corruption case and can demand the return of draft transcripts from undercover recordings, a federal judge in Brooklyn ruled on Wednesday, despite concerns from defendants the government will spring evidence on them ahead of trial.

  • August 16, 2017

    Materia May Be Infringing After $1.5M Verdict, Evonik Says

    Materia Inc. must immediately turn over sales and production data to show whether the company has been flouting a $1.5 million patent infringement verdict that Evonik Degussa GmbH won over a chemical bond component Materia makes, Evonik said Wednesday.

  • August 16, 2017

    Convicted Ex-Politician In Florida Denied Retrial

    A Florida federal judge refused to grant a new trial Wednesday for former U.S. Rep. Corrine Brown, who was found guilty of diverting money raised for a sham education charity and filing false tax returns.

  • August 16, 2017

    Ex-NY Assembly Speaker Silver Gets April 2018 Trial Date

    Former New York State Assembly Speaker Sheldon Silver is scheduled to have a second jury trial on corruption-related charges in the spring of 2018, pending no interfering developments from the U.S. Supreme Court, a New York federal judge said Tuesday.

  • August 16, 2017

    Upscale Insider Trading Fugitive, 79, Nabbed In Puerto Rico

    A 79-year-old Massachusetts man who had fled shortly before he was to report to prison for an insider trading scheme carried out on country club cocktail napkins was arrested by federal authorities over the weekend in Puerto Rico.

  • August 16, 2017

    TWi Infringed Supernus Patents For Seizure Drug, Court Says

    A New Jersey federal judge ruled Tuesday that Supernus Pharmaceuticals Inc.’s patents related to its anti-epileptic drug are valid and infringed by TWi Pharmaceuticals Inc. and its subsidiary, which had sought permission to market a generic version.

  • August 16, 2017

    Firing Needlephobic Pharmacist Violates ADA, Justices Told

    The Second Circuit used an oversimplified test when judging whether the Americans with Disabilities Act protects a veteran Rite Aid Corp. pharmacist who was fired when he was suddenly required to give vaccinations even though he’s severely afraid of needles, the pharmacist told the U.S. Supreme Court.

  • August 15, 2017

    Exec Details Mobile Messenger 'Auto-Subscribe' Scam At Trial

    A former mobile technology company executive dominated the second day of the retrial of two ex-colleagues accused of participating in a scheme that reaped millions by signing unknowing consumers up for messaging services, testifying Tuesday that one of the men encouraged him to get involved and to play along when things got rocky.

  • August 15, 2017

    White Male Atty Suffered No Disparate Impact, Judge Finds

    A month after an Illinois federal jury found that the Cook County Public Defender’s Office did not discriminate against a white male attorney in the promotions process, the judge in the case ruled Monday that the man had suffered no disparate impact.

  • August 15, 2017

    Twice-Convicted Jefferies Trader Seeks Bail Pending Appeal

    Former Jefferies Group residential mortgage-backed securities trader Jesse Litvak on Tuesday asked the Second Circuit to let him stay out of prison while his securities fraud appeal plays out, saying that like in his first appeal, he's again raised a substantial legal question that will likely lead to a reversal or new trial. 

  • August 15, 2017

    Talc-Cancer Link Is Weak, J&J Expert Says At Trial's End

    Johnson & Johnson on Tuesday called an epidemiologist to testify that the statistical association between talcum powder use and ovarian cancer is “by definition” a weak one, as the California trial on a woman’s claims that J&J’s products caused her terminal ovarian cancer draws to a close.

  • August 15, 2017

    1 In 3 New DirecTV Customers Felt Misled, Exec Testifies

    The Federal Trade Commission drilled a DirecTV senior vice president of revenue and planning Tuesday on the company’s allegedly deceptive marketing practices, with the executive conceding during day two of a $3.95 billion bench trial that 33 percent of new customers polled felt misled during the sign-up process.

  • August 15, 2017

    Energy Litigation Team Joins Shackelford Bowen In Dallas

    Shackelford Bowen McKinley & Norton LLP announced Monday it had picked up an experienced trial lawyer and his team to help boost the firm’s energy litigation practice.

Expert Analysis

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • How To Get A Survey In A Patent Case Kicked Before Trial

    Brooke Myers Wallace

    The Northern District of California, in Unwired Planet v. Apple, recently excluded a survey for failing to accurately target the patented invention. The case underscores an effective, though perhaps overlooked, way to attack the use of surveys in patent damages opinions, says Brooke Myers Wallace of Gibson Dunn & Crutcher LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Zero Emissions Credit Litigation: The Road Ahead

    Gordon Coffee

    Last month, federal courts dismissed challenges to zero emissions credit programs in Illinois and New York. But as the plaintiffs appeal, an issue with broad consequences for the energy industry looms: whether anyone other than the Federal Energy Regulatory Commission can ask a federal court to declare that state programs affecting wholesale energy markets are preempted, say Gordon Coffee and Tyson Smith of Winston & Strawn LLP.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Pepperdine Gay Bias Case — A Loss And A Win For Plaintiffs

    Ronald Katz

    On Friday, two lesbian basketball players lost their discrimination case against Pepperdine University. However, the fact that the case was permitted to go to trial represented a major blow against sexual stereotyping in sport, says Ronald Katz of GCA Law Partners LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • The Great Class Action Ascertainability Debate

    Amanda Lawrence

    In recent years, courts have divided sharply over whether or not Rule 23 of the Federal Rules of Civil Procedure creates an implicit requirement that a class must be ascertainable in order to be certified. Amanda Lawrence and Michael Rome of Buckley Sandler LLP discuss the circuit split over whether and to what extent ascertainability is required, and implications of the circuit split for class action litigants.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.