• October 18, 2017

    Texas AG Can't Overturn Ex-Employee's Win In Firing Row

    A Texas appellate court affirmed a jury's verdict in favor of a former office manager of the Texas Attorney General Office's Child Support Division who alleged she was fired after reporting a colleague was potentially committing insurance fraud, rejecting the AG office's argument there wasn't enough evidence to support the jury's finding.

  • October 18, 2017

    Cuban Ballplayer Smuggler Wants Feds' Visa Records

    A Florida sports trainer awaiting sentencing for smuggling Cuban baseball players into the U.S. on Tuesday asked a federal judge to force the government to hand over visa records for 20 other players granted entry since his conviction, saying they followed a similar path to the country and prove a lack of fraud on his part.

  • October 18, 2017

    Jury To Be Sequestered From Media In FIFA Corruption Case

    A Brooklyn federal judge granted a request by prosecutors on Tuesday to partly anonymize and sequester jurors who will soon hear a corruption case against three men charged in a sweeping conspiracy to corrupt the global soccer group FIFA, rejecting the men's protests that it would give jurors the wrong idea about the seriousness of the case.

  • October 18, 2017

    Sprint, Comcast End $2.5M Text Messaging Patent Dispute

    Sprint and Comcast on Tuesday agreed to dismiss a Federal Circuit appeal of a jury verdict saying that Sprint infringed Comcast's text messaging patents, two months after a Pennsylvania federal judge denied Comcast’s request for a new trial to increase the $1.5 million jury award it received.

  • October 18, 2017

    Tribal Lenders Look To Avoid Taint Of Racer's $2B Fraud

    The conviction of auto racer Scott Tucker and his attorney on Friday over a $2 billion payday lending fraud paints the tribal lending businesses embroiled in the scheme in a harsh light, ratcheting up pressure on other lending tribes to show their operations are legitimate and have controls in place that could head off a similar mess.

  • October 18, 2017

    Two Of Dewey's 'Secret Seven' Sentenced To No-Jail Terms

    Two former Dewey & LeBoeuf LLP support pros who admitted to misdemeanor offenses and testified against the fallen firm's three top ex-executives were freed from the BigLaw criminal saga Tuesday by a New York state judge, who credited their cooperation.

  • October 18, 2017

    Latham Snags Ex-Fish & Richardson Patent Atty In DC

    Latham & Watkins LLP has hired a Fish & Richardson PC patent litigator to join the firm’s Washington, D.C., office after he successfully represented top technology and chemical companies as lead counsel in high-profile patent infringement disputes, Latham & Watkins said Tuesday.

  • October 18, 2017

    Del. Jury Clears Plantronics In $600M Antitrust Trial

    A federal jury in Delaware on Wednesday cleared telephone headset maker Plantronics Inc. of antitrust claims asserted by Jabra brand parent GN Netcom Inc., finding after a weeklong trial that its so-called Plantronics-only distributors do not violate the Sherman and Clayton Acts.

  • October 17, 2017

    CashCall GC Blames Katten As $287M CFPA Trial Starts

    CashCall’s general counsel defended the company against a $287 million suit from the Consumer Financial Protection Bureau on Tuesday, testifying on day one of the California federal trial that outside counsel from Katten Muchin Rosenman LLP assured him CashCall’s business offering subprime loans from a Native American reservation was legally sound.

  • October 17, 2017

    Crist Visit To Menendez Doc Used To Counter Bribery Charges

    Rep. Charlie Crist, D-Fla., showed up unannounced in 2010 at the home of a Florida ophthalmologist and slept there on the same weekend when Sen. Bob Menendez traveled to and from the Sunshine State at the physician’s expense, according to testimony Tuesday at the senator and doctor’s bribery trial.

  • October 17, 2017

    J&J Wins Mo. Appeal Of $72M Talc Cancer Verdict

    A Missouri appeals court on Tuesday tossed a jury’s finding that Johnson & Johnson’s talcum powder caused a woman’s fatal ovarian cancer and award of $72 million in damages, ruling the Alabama woman’s case should never have been tried in St. Louis.

  • October 17, 2017

    Shkreli Acquittal Inadmissible At Trial, Gov't Argues

    An additional pool of 100 potential jurors was added Tuesday in the Brooklyn federal trial of former Katten Muchin Rosenman LLP attorney Evan Greebel, accused of conspiring with Martin Shkreli to defraud Retrophin Inc., just hours after the government fired back at Greebel's contention that the pharma-bro’s acquittal on one of the conspiracy counts is admissible.

  • October 17, 2017

    Tampering Flap Puts J&J Trial Attys Under Ethics Microscope​

    A Texas federal judge's referral to the U.S. attorney's office of witness tampering allegations in a bellwether trial over Johnson & Johnson hip implants is rare and could carry serious consequences, both inside the case and beyond, for company lawyers accused of indirectly pressuring a doctor for the plaintiffs, legal ethics experts say.

  • October 17, 2017

    Doc Urges Ga. Supreme Court To Nix $22M Med Mal Award

    An anesthesiologist urged the Georgia Supreme Court on Monday to vacate a $22 million jury award in a medical malpractice suit accusing him of being responsible for a woman’s catastrophic brain injury and eventual death, arguing that the evidence at trial did not support an additional claim for ordinary negligence.

  • October 17, 2017

    Singer Frank Ocean Beats Estranged Dad’s $14.5M Libel Suit

    Grammy Award-winning musician Frank Ocean beat a $14.5 million libel suit from his estranged father Tuesday, when a California federal judge ruled at a daylong bench trial that the dad hadn’t shown that his son defamed him with a 2016 Tumblr post that recounted him calling a transgender waitress an anti-gay slur.

  • October 17, 2017

    $600M Jabra-Plantronics Antitrust Trial To Hit Jury Wednesday

    The antitrust claims Jabra brand parent GN Netcom Inc. lodged against telephone headset maker Plantronics Inc. are expected to go to a federal jury Wednesday after the weeklong trial in Delaware came close to closing Tuesday in a case where damages could measure up to $600 million.

  • October 17, 2017

    Feds Say Recorded Calls Prove Ex-HSBC Forex Exec's Guilt

    The U.S. Department of Justice gave closing arguments Tuesday in the trial of former HSBC foreign currency exchange executive Mark Johnson, asking a jury in Brooklyn why, if Johnson is not guilty of defrauding Cairn Energy through a $3.5 billion forex deal, is he talking on the phone like a guilty man.

  • October 17, 2017

    Boss Pushed Pharmacist To Step Up Testing Before Outbreak

    A Boston jury on Tuesday heard several emails from the boss of a former pharmacist on trial for murder that urged him not "cut corners" on sterility and potency testing for the prescription drugs he manufactured shortly before his laboratory landed at the center of a deadly fungal meningitis outbreak.

  • October 17, 2017

    Songkick Seeks To Sanction Ticketmaster For Withheld Docs

    Songkick asked a California federal court on Monday to sanction Ticketmaster LLC and Live Nation Entertainment Inc. over their late production of thousands of discovery documents two months before trial in its lawsuit over their alleged monopoly on ticket sales.

  • October 17, 2017

    Apple Patent Loss Lurches Up To $439M In VirnetX Suit

    A Texas federal judge tacked $137 million in fees and enhanced damages onto a $302 million verdict against Apple Inc. over claims it infringed VirnetX Inc.’s patents through Apple's FaceTime technology.

Expert Analysis

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and even demand that their external lawyers provide advice that is tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Rule 30(b)(6) Deposition Strategies For Employers: Part 2

    Excerpt from Lexis Practice Advisor
    Marjorie McMahon Obod

    In the final part of this article, Marjorie McMahon Obod of Dilworth Paxson LLP addresses Federal Rule of Civil Procedure 30(b)(6) deposition tactics, such as preparing a designee, defending the deposition, and reviewing and finalizing the deposition transcript.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Rule 30(b)(6) Deposition Strategies For Employers: Part 1

    Excerpt from Lexis Practice Advisor
    Marjorie McMahon Obod

    Federal Rule of Civil Procedure 30(b)(6) allows an employee to depose an employer that is a corporation, governmental agency or other organization. Marjorie McMahon Obod of Dilworth Paxson LLP examines the use of depositions under this rule when an employee has sued an employer for a violation of employment law.

  • Sham Affidavits In Medical Product Liability: Part 1

    James Beck

    In the 20 years since the U.S. Supreme Court endorsed the sham affidavit doctrine — precluding creation of “genuine” factual issues by witnesses contradicting their own previous testimony — it has been important in many medical product liability cases, and practitioners should be aware of significant examples, says James Beck of Reed Smith LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Why The Supreme Court Could Rule ALJs Unconstitutional

    David Perlman

    Following recent federal appeals court decisions, the U.S. Supreme Court is likely to address the U.S. Securities and Exchange Commission's use of administrative law judges, but the Federal Energy Regulatory Commission's use of them may require further litigation, say David Perlman and Britt Steckman of Bracewell LLP.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Sometimes It Pays To Litigate Against The CFPB

    Ryan Scarborough

    Companies' reluctance to litigate Consumer Financial Protection Bureau claims has allowed the bureau to establish a value for its claims based on what it can extract from companies seeking peace rather than what it can prove in a neutral federal forum. Several recent examples demonstrate that when a company has sound defenses, litigating can dramatically improve outcomes compared to settlement, say attorneys with Williams & Connolly LLP.