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Trials
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September 04, 2025
Apple Affiliate Wants To Untie Classes After Wage Verdict
A Fourth Circuit decision undoing classes of Bojangles managers is a significant change of law that should dismantle five classes in a wage and hour suit that snagged $839,000 from an Apple-affiliated repair company, the company told a North Carolina federal court.
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September 03, 2025
Trump Seeks To Have Justices Toss E. Jean Carroll Verdict
President Donald Trump said Wednesday that he's planning to challenge writer E. Jean Carroll's $5 million sexual assault finding against him at the U.S. Supreme Court, asking the high court to give him 60 days to file a petition for the justices to review "significant issues."
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September 03, 2025
TikTok, Chinese Co.'s $845M IP Fight Heads To October Trial
A California federal judge refused to fully grant TikTok Inc. summary judgment or a terminating-sanctions win in a Chinese company's $845 million lawsuit accusing the social media giant of stealing video-editing tool trade secrets and infringing its copyrights, finding that the dispute must go to an October jury trial.
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September 03, 2025
Judge Waves Off Need To Block NASCAR Charter Sales
A North Carolina federal judge on Wednesday denied another request for a preliminary injunction in two NASCAR teams' breakneck antitrust battle against the racing organization, finding its commitment not to sell any more charters this season is enough for the teams ahead of a December trial.
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September 03, 2025
Google Can Thank AI's Rise For Mixed Search Remedies
Despite Google's resounding defeat last year in the U.S. Department of Justice's case targeting its search monopoly, the company will face only a mixed bag of remedies aimed at propping up search engine rivals and limiting its distribution contracts.
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September 03, 2025
Atty Says Ex-Client Was Suicidal After Trial In Fla. Prof's Death
A criminal defense attorney who previously represented Donna Adelson testified in Florida state court Wednesday that her former client was suicidal following her son's 2023 conviction in the murder of a Florida State University law professor, saying there was a discussion that vacationing would benefit her mental health.
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September 03, 2025
Atty's 'Highly Prejudicial Falsehood' Sparks Med Mal Retrial
A Pennsylvania appellate panel has overturned a patient's trial win in a medical malpractice suit over a foot amputation, saying plaintiff's counsel's "highly prejudicial falsehood" to the jury during opening statements "tainted the trial at its inception" and warranted a new trial.
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September 03, 2025
Fed. Circ. Upholds Zynga PTAB Win Axing IGT Patent Claims
The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that mobile game maker Zynga was able to show claims in an IGT patent were invalid, handing another loss to the gambling technology company.
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September 03, 2025
Samsung Argues New PTAB Memo Can't Undo Its Patent Win
A new memo from the patent office's acting director that limits arguments available to patent challengers cannot be used to overturn a Patent Trial and Appeal Board decision invalidating a patent at issue in a $279 million verdict against Samsung, the tech giant has argued.
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September 03, 2025
Amex Owes $12M In Antisteering Rule Suit, NY Jury Holds
A New York federal jury ordered American Express Co. to pay over $12 million to a class of Illinois consumers after finding the company liable under Illinois state law for overcharges that the class says they experienced due to so-called antisteering rules Amex imposed on merchants that accept Amex cards.
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September 03, 2025
9th Circ. Upholds Ruling Against Wash. Tribe's Fishing Claims
A Ninth Circuit panel Wednesday affirmed a lower court's ruling that determined a Washington tribe fell short of its evidentiary burden to establish that a 19th century treaty included its customary fishing grounds near the Puget Sound after vacating the dispute for further review last year.
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September 03, 2025
Investment Co. Founder's Life Insurance Award Dropped To $1
The Fourth Circuit affirmed Wednesday that a jury did not have sufficient evidence to conclude that historian and investment firm founder Malcolm Wiener suffered $16 million in damages over a canceled life insurance policy, saying Wiener may only recover $1 in nominal damages.
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September 03, 2025
Google Owes Over $425M For Collecting App Data, Jury Says
A California federal jury concluded Wednesday that Google unlawfully collected information from 98 million cellphone users who'd asked the tech giant not to track their app activity, awarding over $425 million in damages but finding punitive damages are not warranted in the class action.
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September 03, 2025
Consumers Defend Apple Antitrust Claims, Class Cert.
Consumers defended their antitrust claims over Apple's App Store policies, arguing that Apple restricts the distribution of apps on its devices to block competition, not as part of a legitimate design choice, while also trying to preserve a class expected to include 185 million members.
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September 03, 2025
Feds Seek $140M Fine For Mich. Energy Co. Over Air Pollution
The federal government on Tuesday advocated for $140 million in penalties for a Michigan energy company the government alleges shares responsibility for air pollution resulting from coke production, while the energy company maintained it tried to comply with the state-issued permit, in briefs filed this week ahead of a bench trial later this month.
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September 03, 2025
NC Panel Revives Biotech Co.'s Legal Malpractice Case
A divided North Carolina appellate panel on Wednesday partially revived a biotech company's case accusing its former counsel of botching its defense in a $26 million defamation suit, finding the refiled complaint is not barred by the state's four-year statute of repose on legal malpractice claims.
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September 03, 2025
Liberace Piano Dispute Returns To 1st Circ. After Gibson Win
A Massachusetts music shop took its campaign to hold onto Liberace's rhinestone-encrusted piano to the First Circuit for the second time Wednesday, telling the appellate court that Gibson Guitars should never have been allowed to ask a jury for its return.
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September 03, 2025
Mich. Panel Orders New Trial After Race-Based Juror Removal
A Michigan appeals court has reversed a murder conviction, finding that a man should be given a new trial because prosecutors struck three prospective Black jurors from his trial for racially motivated reasons.
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September 03, 2025
Sports Doctor Group Can't Ditch $8.5M Patient Death Verdict
A Connecticut appeals panel won't let surgical group Orthopaedic Sports Specialists PC out of an $8.5 million wrongful death verdict in a suit from the estate of a patient who died after a knee replacement, rejecting its arguments challenging the trial court's handling of witness examination.
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September 03, 2025
Special Master Says Sherwin-Williams' Conduct Merits Fees
A special master has recommended that a Pennsylvania federal court require paint maker Sherwin-Williams to pay fines, including attorney fees, due to its "unreasonably aggressive litigation strategy" in a patent dispute with a rival.
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September 03, 2025
Archegos Witness Avoids Prison After 'Extensive' Cooperation
A former accountant who served as director of risk at Archegos before its fraud-driven collapse avoided prison Wednesday after a Manhattan federal judge said his testimony was crucial in securing the conviction and 18-year prison sentence imposed on fund founder Bill Hwang.
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September 03, 2025
Judge Accepts DNA Evidence In Gilgo Beach Case
A New York state court judge ruled Wednesday that DNA evidence allegedly linking accused Gilgo Beach serial killer Rex Heuermann to the bodies of women found dead on Long Island can be considered by a jury, marking the first time the scientific technique known as whole genome sequencing has passed such rigorous admissibility standards.
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September 02, 2025
Challenging Jury Selection Begins In NJ Clergy Abuse Trial
The first Roman Catholic clergy abuse trial in New Jersey state court began Tuesday, with jury selection highlighting the distinct considerations of voir dire in a case requiring sensitivity for accusers.
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September 02, 2025
Billions Or 'Bogus'? Google Privacy Case Goes To Calif. Jury
Google should pay billions of dollars in compensatory damages for unlawfully collecting data from 98 million cellphone users, a lawyer for a class of consumers told a California federal jury during closing arguments Tuesday, while Google said it obtained consent and called the damages sought "bogus."
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September 02, 2025
Defamation Litigation Roundup: Patel's GF, Dershowitz, Nunes
In this month's review of defamation fights, Law360 reports on a new suit by the girlfriend of the current FBI director over a podcaster's claims that she was an Israeli intelligence agent, as well as the latest settlement between a voting machine company and a conservative news organization over 2020 election claims.
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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White Collar Archetypes: Wrangling The Shape-Shifter
In white collar criminal trials, certain pieces of evidence can shape-shift in the jury’s eyes, presenting both challenges and opportunities for defense counsel, says Jack Sharman at Lightfoot Franklin.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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US Soccer Win Shows Value Of Defining 'Relevant Market'
Despite U.S. Soccer's successful defense against North American Soccer League's antitrust allegations, sports leagues should continue to be mindful of risks posed by hierarchical structures since the New York federal judge in that suit found a triable issue of fact on the relevant markets issue, say attorneys at Debevoise.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.