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Trials

  • July 17, 2018

    Whistleblower Asks 11th Circ. To Revive $350M FCA Award

    A former nursing home company employee has urged the Eleventh Circuit to reverse a lower court decision tossing a $350 million False Claims Act verdict — among the biggest in FCA history — saying the judge wrongly concluded that the improper Medicare and Medicaid claims were immaterial.

  • July 17, 2018

    Ex-Drug Exec Gets 15 Years For $50M Pill Distribution Plot

    The former president of a pharmaceutical distribution company has received 15 years in federal prison for his part in a $50 million mail fraud scheme that saw his company purchasing drugs from unlicensed suppliers and reselling them out of a warehouse in Nashville.

  • July 17, 2018

    Seabrook Bribe Case Pared, But Gov't Gets Win On Evidence

    A Manhattan federal judge cut the hedge fund bribery case against Norman Seabrook down to its original size Tuesday, calling a new fraud count "multiplicitous," but also held that prosecutors can try to convince a jury that the labor boss' alleged lawbreaking was tied to his former union's investment losses.

  • July 17, 2018

    US Airways, Sabre Tell 2nd Circ. Amex Decision Favors Them

    US Airways Inc. and travel-planning giant Sabre Holdings Corp. have both told the Second Circuit that the U.S. Supreme Court's recent decision upholding American Express' anti-steering policies on credit cards favors their own positions as Sabre looks to duck a $15 million jury verdict awarded over claims of anti-competitive contract terms.

  • July 17, 2018

    Fla. Jury Awards $3M In Punitive Damages In Smoking Death

    Philip Morris and R.J. Reynolds were hit with a total of almost $3 million in punitive damages on Monday in the case of a deceased Florida woman who had smoked for decades, including at work in medical settings, bringing the total award in the case to over $5 million.

  • July 17, 2018

    Ex-NY Senate Boss, Son Again Convicted On Graft Charges

    Former New York State Senate Majority Leader Dean Skelos and his son Adam were again convicted of corruption charges on Tuesday following a second trial over claims the once powerful Republican extorted businesses into directing payments to his family.

  • July 17, 2018

    RICO Indictment Against Ex-Insys Execs Perplexes Judge

    A Massachusetts federal judge on Tuesday appeared befuddled by the government's Racketeer Influenced and Corrupt Organizations Act indictment charging former Insys Therapeutics Inc. executives with multiple schemes to bribe doctors to prescribe the company's pricey fentanyl spray, saying the allegations are confusing and fail to establish a common link in the alleged conspiracy.

  • July 16, 2018

    Card Shuffler Co. Denies Having To Show Prior Art At IP Trial

    “It doesn’t matter” that Scientific Games Corp.’s subsidiary didn’t show the U.S. Patent and Trademark Office prior art in patent applications for its Deckmate card shuffler because the prior art was not objected to when it was disclosed in other applications, the company said Monday at the opening of a rival’s antitrust trial against it.

  • July 16, 2018

    IBM Seeks $167M From Groupon For Infringing Web Patents

    IBM Corp. told a federal jury in Delaware on Monday that Groupon Inc. should pay about $166.5 million in damages for infringing four of what it described as widely licensed IBM patents that helped make early public use of the internet faster and more efficient.

  • July 16, 2018

    Accountant Blames $18M Fraud On VC's Ego As Trial Wraps

    An accountant’s counsel urged a California federal jury to clear him of charges claiming he helped a biotech venture capitalist siphon $18 million from an investment fund, arguing as a weekslong trial closed Monday that the fraud was solely caused by the accountant's client, who was “completely consumed with his ego.”

  • July 16, 2018

    AbbVie Protests FTC Interest Hike In AndroGel Case

    AbbVie Inc. has accused the Federal Trade Commission of suddenly hiking the interest rate it and an affiliate must pay on a $448 million penalty over sham patent suits that delayed generic drug rollouts and extended their monopoly on AndroGel.

  • July 16, 2018

    CFTC Fights Ex-UBS Trader's Bid To Ax Spoofing Suit

    The U.S. Commodity Futures Trading Commission on Friday pushed back on a former UBS AG trader’s bid to dismiss its suit accusing him of a spoofing scheme, telling a Connecticut federal court that the suit’s allegations are plenty detailed and that the statutes he’s alleged to have violated are clear.

  • July 16, 2018

    Calif. Court Affirms $1M Award In Unnecessary-Surgery Suit

    A California appellate panel has upheld a jury's decision to award $1 million in a suit accusing a neurosurgeon of performing an unnecessary procedure during a woman's nerve surgery that caused injuries, saying the jury's separate awards for medical battery and fraud were not duplicative.

  • July 16, 2018

    Debevoise Nabs Former FTC Chief Trial Atty From O'Melveny

    Debevoise & Plimpton LLP announced Monday it has bolstered its antitrust practice in Washington, D.C., with the hiring of Edward D. “Ted” Hassi, an antitrust partner who previously served as chief trial counsel for the Federal Trade Commission and comes most recently from O'Melveny & Myers LLP.

  • July 16, 2018

    Sheriff’s Capt. Convicted In ‘Codfather’ Smuggling Scheme

    A Massachusetts federal jury convicted a sheriff’s captain Monday afternoon on charges of conspiracy and cash structuring for allegedly helping a notorious Bay State fishing magnate known as “the Codfather” smuggle cash out of the United States.

  • July 13, 2018

    Arista Says Cisco Cost It $160M As Antitrust Trial Nears

    Just weeks before trial in Arista Networks Inc.’s antitrust suit against Cisco Systems Inc., the parties squared off Friday in California federal court over Arista's bid to introduce expert testimony that it lost about $160 million after Cisco asserted copyright violations to block sales of competing ethernet switches.

  • July 13, 2018

    EPA 'Amazingly Wrong' On Roundup Cancer Risk, Jury Hears

    The U.S. Environmental Protection Agency was “amazingly wrong” when it found that glyphosate, the active ingredient in Monsanto's Roundup weed killer, was not a likely carcinogen, a former National Institutes of Health scientist told a California jury Friday during a landmark trial over claims the herbicide caused a retired groundskeeper's lymphoma.

  • July 13, 2018

    Bard Prevails In 3rd Bellwether Case Over Late Filing

    An Arizona federal judge on Thursday canceled the third bellwether trial of claims that C.R. Bard Inc. sold hazardously defective blood vessel filters and granted Bard summary judgment, saying the statute of limitations had expired on the claims.

  • July 13, 2018

    Texas Justices Turn Away Firm's Bid To Nix Atty Bribery Claim

    The Texas Supreme Court on Friday denied a bid from a law firm to overturn a lower court's ruling allowing an attorney who alleged the firm had bribed witnesses to lie in a trial over $1.6 million in fees to try to reopen the dispute with the firm.

  • July 13, 2018

    Calif. Court OKs Nix Of $1.6M Award In Choking Death Suit

    A California court has affirmed a trial judge's decision to slash a jury's award of approximately $1.6 million in a suit accusing a nursing home of causing a patient's choking death, saying an elder abuse claim was not supported by substantial evidence.

Expert Analysis

  • Fewer Remedies In Calif. For Targets Of Defamatory Reviews

    Pooja Nair

    Earlier this month, the California Supreme Court ruled in Hassell v. Bird that Yelp could not be ordered to remove negative reviews of a law firm that were found to be defamatory. While the decision is a victory for internet platforms and websites, the scope of immunity under the Communications Decency Act has not been fully drawn out, says Pooja Nair of TroyGould PC.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Series

    High Crimes And Misdemeanors: Making Political Judgments

    Laurence Tribe

    Presidential impeachment exists not so that one party can decapitate the other, but to preserve the foundation of our democracy. For an impeachment to be legitimate, it must be a fair process in which Congress speaks for a majority of the American people in undoing an election, say Laurence Tribe of Harvard Law School and Joshua Matz of Gupta Wessler PLLC.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Another Decision In Goldman Code Theft Case

    Jonathan Waisnor

    The Aleynikov case demonstrates that employees who attempt to use the proprietary source code of their former employers without authorization may face not only the risk of civil liability, but also prosecution under local criminal statutes. And they could also face liability under the recently expanded federal Economic Espionage Act, says Jonathan Waisnor of Willkie Farr & Gallagher LLP. 

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Series

    High Crimes And Misdemeanors: 'Manifest Injury' Is Key

    Barbara Radnofsky

    Under the U.S. Constitution, impeachment requires no charging of crime, no intent to do wrong and no lawbreaking. Rather, impeachment focuses on significance of effect. President Bill Clinton's 1998 impeachment was a clear demonstration of the differences between criminal and impeachment prosecution, says attorney Barbara Radnofsky.

  • Series

    High Crimes And Misdemeanors: A View From The #MeToo Era

    Elizabeth Rapaport

    The #MeToo movement has called attention to something that feminists avoided focusing on during the impeachment of President Bill Clinton — something the law is not very good at capturing. “Consent” may be obtained under varying kinds and degrees of coercive conditions. And it can be refused at a high cost, says Elizabeth Rapaport of the University of New Mexico School of Law.

  • Series

    High Crimes And Misdemeanors: Impeachment Isn't A Trial

    David O. Stewart

    The U.S. Constitution specifies that a president can only be impeached for “high crimes and misdemeanors.” A comparison of the two presidential impeachments to date suggests that the logistics of the process are fluid and unpredictable, says David O. Stewart, who was defense counsel during the U.S. Senate impeachment trial of Judge Walter Nixon.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.