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Trials
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June 24, 2022
Maxwell Wants To Nix 4 Accusers' Testimony At Sentencing
Ghislaine Maxwell told a Manhattan federal judge on Friday that four women who say they were abused by her and Jeffrey Epstein shouldn't be allowed to give victim impact statements at her sex-trafficking sentencing on Tuesday, saying the proceeding "should not be an open-mike forum for any alleged victim."
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June 24, 2022
Feds Urge Jury To Convict Developer Of Bribing LA Pol Huizar
Real estate developer Dae Yong Lee intended to bribe then-Los Angeles City Councilmember Jose Huizar for help overcoming challenges to a downtown project, federal prosecutors told a California jury during closing arguments Friday, while Lee's attorney maintained his client sincerely believed the $500,000 went toward a legitimate consulting fee.
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June 24, 2022
VirnetX Tells Fed. Circ. To Revive Patent Tied To $576M Win
Patent-holding company VirnetX has urged the Federal Circuit to reverse a ruling from the Patent Trial and Appeal Board that gutted a patent tied to a $576 million judgment against Apple in Texas federal court.
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June 24, 2022
Joint Juice Slams 'Staggering' $141M Ask For False Ad Verdict
The maker of Joint Juice drink products on Thursday tore into consumers' request for $141.5 million in damages after a jury found the company misled consumers about the drinks' health benefits, calling it a "staggering amount" that's contrary to the facts of the case and the law.
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June 24, 2022
Architect Says Gov't Can't Back Up Casino Bribery Conviction
An architect convicted of giving bribes to the leader of the Mashpee Wampanoag Tribe has pressed a Massachusetts federal court to overturn his conviction, saying the federal government wants the court to back a jury's guilty verdict "almost solely on the basis of acquitted conduct."
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June 24, 2022
Fla. Family Says Nelson Mullins Atty's Moves Cost Up To $62M
The wealthy Florida family accusing a Nelson Mullins attorney of improperly setting up trusts to benefit one son over their other children put their damages expert on the stand Friday, telling jurors that the attorney's actions cost them $27 million to $62 million.
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June 24, 2022
'Trust Your Eyes,' Feds Urge As Balwani Charges Go To Jury
A California federal jury began deliberations Friday on the criminal fraud case against ex-Theranos executive Ramesh "Sunny" Balwani after federal prosecutors made their final argument urging jurors to "trust your eyes" and find Balwani deceived investors and influenced the company's younger and less experienced CEO, Elizabeth Holmes.
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June 24, 2022
Dallas Jury Hits Spectrum With $337.5M Verdict In Murder Suit
A Dallas jury has found that Spectrum owes $337.5 million to the family of an 83-year-old woman who was stabbed to death by a Spectrum internet installer and could increase Spectrum's liability when it returns to court to consider punitive damages.
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June 24, 2022
Retailers Cut Midtrial Deal With Impax In Opana Delay Case
Well into an antitrust trial over an alleged pay-for-delay scheme surrounding Endo Pharmaceuticals' Opana ER painkiller, a group of major retail chains cut a midtrial settlement Friday with Impax Laboratories, one of the defendants in the wide-ranging case.
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June 24, 2022
PayPal Patent Trial Pushed Over 'Flawed' Expert
A Federal Circuit judge currently overseeing a patent dispute against PayPal in Delaware federal court said he would have to postpone an upcoming jury trial after throwing out "flawed" testimony that left the patent business "with essentially no damages case."
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June 24, 2022
Southwest Airlines Settles Teen's Midair Sex Assault Case
Southwest Airlines Co. avoided a Texas state court jury trial by agreeing to settle allegations it enabled a male passenger to sexually assault a 13-year-old girl on a Las Vegas-to-San Antonio flight by repeatedly serving him alcoholic drinks in flight, despite his already being intoxicated upon boarding.
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June 24, 2022
Convicted Union Official Can't Obtain Benefits, Judge Says
A toymakers union is not required to pay severance to a former officer who pled guilty in a kickback scheme, a New York federal judge ruled, saying the former official's claims are preempted by the Employee Retirement Income Security Act.
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June 24, 2022
Supreme Court Overturns Roe v. Wade
The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.
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June 23, 2022
Balwani Rips Feds' 'Incomplete' Case As Trial Nears End
Ex-Theranos executive Ramesh "Sunny" Balwani's attorney concluded the third day of his closing arguments in Balwani's criminal fraud trial Thursday, arguing that the government's "incomplete" case selectively focused on former employees and investors who portrayed themselves as heroes or victims to the "radioactive" Theranos, even though they were once its cheerleaders.
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June 23, 2022
Family Knew Of Trust Moves By Nelson Mullins Atty, Jury Told
Counsel for a Nelson Mullins Riley & Scarborough LLP estate planning attorney sued for malpractice by a wealthy Florida family grilled the family patriarch on Thursday, producing emails, meeting notes and documents showing the client knew and signed off on trusts and estate planning moves made by the attorney.
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June 23, 2022
Feds Let Flipped Witness Keep Dirty Cash Tax-Free, Jury Told
An appraiser testifying against a real estate developer on trial for paying bribes to Los Angeles City Council member José Huizar conceded under cross-examination Thursday that after he agreed to assist the FBI and cooperate with prosecutors, the government allowed him to keep $340,000 he obtained facilitating bribes, tax-free.
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June 23, 2022
5th Circ. Reverses Businessman's Kickback Conviction
The Fifth Circuit has reversed a businessman's conviction for paying illegal kickbacks, but affirmed he was rightly found guilty of conspiring to defraud a federal health care program out of tens of millions of dollars.
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June 23, 2022
Ex-Crypto Exec Denied Wire Fraud Retrial
A New York federal judge denied a suspended securities broker's request Thursday for an acquittal or retrial after a jury found him guilty of wire fraud in a scam involving a failed digital currency launch, ruling the broker "understates" the evidence against him.
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June 23, 2022
Ghislaine Maxwell Deserves At Least 30 Years, Feds Say
Ghislaine Maxwell should receive a sentence no shorter than 30 years behind bars for her sex-trafficking conviction, federal prosecutors told a Manhattan federal judge Thursday, saying she and Jeffrey Epstein were "partners in crime" who caused "devastating harm to vulnerable victims."
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June 23, 2022
Cisco's $2.75B Patent Loss Axed Over Judge's Stock Conflict
The Federal Circuit on Thursday vacated a $2.75 billion judgment against Cisco for infringing Centripetal Networks' cybersecurity patents, ruling that the now-deceased judge who oversaw the bench trial was disqualified from deciding the case because his wife owned Cisco stock.
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June 23, 2022
Ex-ADI Engineer Tries To Sink Lone Trade Secrets Conviction
A former Analog Devices Inc. engineer who was acquitted on all but one charge alleging he stole company trade secrets to jumpstart a side business selling computer chips argued Thursday the lone guilty finding wasn't supported by evidence.
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June 23, 2022
Wash. State Troopers Don't Want Ford Interceptor Suit Split Up
Six Washington state troopers alleging they were "poisoned" by Ford Motor Co.'s Interceptor vehicles are pushing back against a bid by Ford to split their claims into six cases for trial, saying the move is an attempt to make the litigation too costly for them to continue.
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June 23, 2022
Construction Worker Reported To ICE Wins $650K At Trial
A Boston federal jury has found a construction company and its owner liable for retaliating against an employee by reporting him to immigration authorities after his on-the-job injury triggered a workplace investigation, awarding $650,000 in damages.
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June 23, 2022
High Court Blocks Civil Miranda Suits Against Cops
Police officers cannot be subject to civil liability for failing to warn criminal suspects of their right against self-incrimination, the U.S. Supreme Court's conservative majority said Thursday, holding that Miranda warnings are not a constitutional guarantee.
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June 22, 2022
LA Fundraiser Says He Was Urged To Blame Huizar For Bribes
A real estate appraiser who allegedly served as a middleman facilitating cash bribes from a real estate developer to former Los Angeles City Council member José Huizar told jurors Wednesday that the developer urged him to place all the blame on Huizar if questioned by law enforcement.
Expert Analysis
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Opinion
Now's The Time To Address Archaic Law School Curricula
With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.
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Lessons From Lawyer Fee-Sharing Agreements Gone Wrong
The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.
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LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue
A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.
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Depp Verdict Shows Why Va. Is Ideal Defamation Claim Venue
In the wake of Depp v. Heard, it is worth noting that factors unique to Virginia — including the state's weak anti-SLAPP legislation, amenability to personal jurisdiction and limits on summary judgment for defendants — make it a favorable venue for defamation plaintiffs, say attorneys at Holland & Knight.
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8 Steps To Creating A Legal Ops Technology Road Map
Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.
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The Importance Of Data And Data Analysis In Litigation
Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.
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Steps Companies Can Take To Mitigate Privilege Labeling Risk
Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.
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Opinion
Aviation Watch: Why Boeing Pilot's Indictment Was Misguided
Criminal fraud charges against test pilot Mark Forkner related to the Boeing 737 crashes — charges of which he was recently acquitted — appear to have been an effort to whitewash the failures of Boeing and the Federal Aviation Administration, and highlight that civil remedies are a better solution in such cases, says Alan Hoffman, a retired attorney and aviation expert.
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What Litigation Funding Disclosure In Delaware May Look Like
A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.
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When A Claimed Trade Secret Isn't In Fact A Secret
The Second Circuit's recent holding in Turret Labs v. Cargo Spirit tells a cautionary tale of how information cannot be a trade secret if reasonable measures are not taken to keep the information secret, and counsel must determine whether first appearances concerning secrecy are indeed true, says Francis Morrison at Axinn.
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How In-House Legal Leaders Can Drive Corporate Growth
Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.
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Opinion
Calif. Bill On Protective Orders Threatens Privacy Norms
California's Public Right to Know Act — seeking to make discovery in product and environmental cases presumptively public — would upend the current regime of court protective orders necessary for compliance with national and international privacy laws, and undermine U.S. efforts to reach a data transfer treaty with the EU, say Patrick Oot and Phil Goldberg at Shook Hardy.
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Attorneys Should Tread Carefully On Job Counteroffers
Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.
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Series
The Future Of Legal Ops: Time To Get Serious About Data
Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.
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Opinion
Justices Should Give Feds' Roundup Amicus Little Weight
The U.S. Supreme Court shouldn't defer to the solicitor general's petition-stage amicus brief urging a claims-award review in the Monsanto Roundup case, because the action would not only affect thousands of cases but also undermine the U.S. Environmental Protection Agency's authority, says Lawrence Ebner at the Atlantic Legal Foundation.