• January 19, 2017

    Ill. Court Grants New Trial In Bad-Birth Med Mal Suit

    An Illinois appeals court has reversed a jury's ruling that an obstetrician did not breach the standard of care in a medical malpractice suit over a child's 2005 birth, saying the trial court was wrong to direct a verdict on the matter of informed consent.

  • January 19, 2017

    Jury Awards $20M In Dish Telemarketing Class Action Trial

    A jury awarded $20.5 million on Thursday in a post-Spokeo Telephone Consumer Protection Act class action against Dish Network over 51,000 unwanted phone calls.

  • January 19, 2017

    Jury Finds Ex-Visium Manager Guilty Of Hedge Fund Fraud

    A Manhattan jury took just 90 minutes Thursday to convict former Visium Asset Management LP portfolio manager Stefan Lumiere of scheming to overvalue a $480 million fund focused on health care-sector debt.

  • January 19, 2017

    Devos Wants Evidence Barred In Money Laundering Case

    A pharmaceutical refund company on Wednesday asked a Pennsylvania federal judge to bar the government from presenting evidence it engaged in money laundering activity before it received payments from manufacturers, saying such evidence would contradict the government’s previous arguments.

  • January 19, 2017

    'Jersey Boys' Creators Push For New Trial In IP Suit

    The creators of “Jersey Boys,” the hit Broadway musical about Frankie Valli and the Four Seasons, pushed Wednesday for reversal of a jury's finding that they infringed a book copyright, citing a Ninth Circuit ruling made the day after the jury started its deliberations.

  • January 19, 2017

    4th Circ. Backs Ex-Massey CEO's Conspiracy Conviction

    The Fourth Circuit on Thursday upheld former Massey Energy Co. CEO Don Blankenship's conviction for conspiring to violate mine safety laws before a 2010 coal mine explosion that claimed 29 lives, finding no mistakes by the lower court to warrant a reversal.

  • January 19, 2017

    Feds Say Sports Agent Trying To Distract In Smuggling Trial

    The U.S. government asked a Florida federal court Wednesday to bar a sports agent who allegedly participated in a $16 million scheme to smuggle Cuban baseball players into the U.S. from distracting the jury by impeaching the law enforcement investigation against him.

  • January 18, 2017

    Ex-JPMorgan Analyst Tipped Pals To Tech Deals, Jury Told

    Former J.P. Morgan Securities LLC analyst Ashish Aggarwal tipped two friends to a acquisition and another pending deal in a scheme that “cheated the market and lined their own pockets” with $600,000, a prosecutor told jurors Wednesday during opening statements in California federal court.

  • January 18, 2017

    SAC Trader, Feds Feud At 2nd Circ. Over Salman Impact

    Jailed ex-SAC Capital Advisors manager Mathew Martoma sparred with federal prosecutors Tuesday over the U.S. Supreme Court’s recent decision upholding the Salman insider trading case conviction, with the hedge funder saying a Second Circuit decision still carries weight.

  • January 18, 2017

    Bio-Rad’s Ex-GC Testifies CEO Resisted FCPA Investigation

    The former general counsel for Bio-Rad Laboratories Inc. took the stand in his retaliation suit accusing the life sciences company of firing him for reporting possible Foreign Corrupt Practices Act violations related to payments in China, testifying that Bio-Rad’s CEO resisted his attempts to investigate possible wrongdoing.

  • January 18, 2017

    Health Care Co. Owner Fights Evidence In $45M Fraud Case

    One of the three relatives who owned a trio of home health care companies accused of running a $45 million Medicare fraud scheme fought back against some government evidence Tuesday, saying certain witness statements are untrustworthy and that some evidence may confuse jurors.

  • January 18, 2017

    Ariz. Court Affirms Denial Of New Trial In Overdose Suit

    An Arizona appeals court on Tuesday affirmed a lower court’s decision denying a couple a new trial on medical malpractice and wrongful death claims stemming from their son’s methadone overdose and refusing them relief from judgment favoring a doctor, finding no error with the judge’s holdings.

  • January 18, 2017

    Oculus Founder, CEO Say Company Built Without Stealing

    The founder and the CEO of Facebook Inc. subsidiary Oculus VR LLC on Wednesday testified about the work they’d each put into building the virtual reality company from scratch, denying claims in a $2 billion Texas federal court suit that the Oculus Rift headset was built on stolen source code.

  • January 18, 2017

    Widow Tells Jury Of Husband’s Death From Tainted Steroids

    The widow of a man who was injected with tainted steroids described her husband’s death to a federal jury in Boston on Wednesday, for the first time giving voice to the human agony behind a pharmacist’s murder trial and the most devastating pharmaceutical disaster in American history.

  • January 18, 2017

    Cisco, Arista Push For New Rulings In $335M IP Battle

    Tech rivals Arista Networks Inc. and Cisco Systems Inc. both asked a California federal judge for separate judgments as a matter of law in a $335 million suit Tuesday, after a jury found Arista’s popular Ethernet switches are shielded from infringement claims by the scènes à faire doctrine.

  • January 18, 2017

    Jury Blocks Stanford Receiver's $88M Clawback Claim

    A Texas federal jury on Wednesday found billionaire Gary Magness acted in good faith when taking out $88.2 million in loans from a bank affiliated with R. Allen Stanford’s $7 billion Ponzi scheme, blocking a clawback claim by the receiver for the Stanford fraud.

  • January 18, 2017

    Finance Pros Tell Fund Fraud Jury Visium Quotes Were Off

    A series of asset management professionals told Manhattan jurors Wednesday that price quotes procured by Stefan Lumiere from allegedly complicit brokers to overvalue a distressed-credit fund appeared to be inflated in value, as prosecutors closed their fraud case against the former Visium Asset Management LP portfolio manager. 

  • January 18, 2017

    Ex-NY Sen. Leader Gets 5 Years For Obstruction, Lying To FBI

    The former minority leader of the New York state Senate was sentenced Wednesday to five years in prison on his conviction for obstruction of justice and lying to federal agents in connection with a corruption case over his alleged embezzlement of real estate funds.

  • January 18, 2017

    Feds Oppose New Trial For Ex-Racer After Fraud Conviction

    The U.S. government has blasted convicted race car driver Tommy C. Constantine’s bid for an acquittal and new trial in his criminal fraud suit, arguing that his attempt to introduce a civil deposition does not qualify as new evidence.

  • January 18, 2017

    Investor Gets 20 Months For Trades On GC Wife's Inside Info

    A Massachusetts man was sentenced Wednesday to 20 months in prison for passing along his general counsel wife's inside information about a tire company merger to two friends.

Expert Analysis

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Defibrillator Decision Does Not Shock The Conscience

    Eric Alexander

    Bad cases make bad law, but egregiously overreaching cases can make good law. In Wallis v. Brainerd Baptist Church, decided recently by the Tennessee Supreme Court, a dead man's estate sued the seller of a defibrillator that was available but not used on the decedent during his heart attack. Imposing liability in such circumstances would be bad public policy, says Eric Alexander of Reed Smith LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • My Strangest Day In Court: When The Witness Died

    Tom Melsheimer

    Just before walking into court to begin jury selection, I learned from the case agent that a key witness had been found dead over the weekend. During the trial, it was not easy to keep the murdered witness out of my mind, especially with the defendant icily staring at me every time I got up to speak, recalls Tom Melsheimer of Fish & Richardson PC.

  • When Making The Sale Isn't 'Offering To Sell'

    JD Wooten

    Is Amazon legally the seller of items made available by third parties on And is the e-commerce giant liable if those products infringe someone else's patents? A Washington federal court answered no to both questions. As the Federal Circuit considers the case, it must balance patent protection with market access, says JD Wooten of Womble Carlyle Sandridge & Rice LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Maryland's Medical Malpractice Landscape After McQuitty

    Elizabeth Hafey

    In its recent McQuitty v. Spangler decision, the Maryland Court of Appeals illuminated Maryland’s wrongful death statute and its implications for future medical malpractice claims. The court determined that beneficiaries could maintain a wrongful death action after the decedent previously obtained a personal injury judgment predicated on the same underlying facts, says Elizabeth Hafey of Miles & Stockbridge PC.

  • Top 5 Drug And Device Developments Of 2016

    Christine Kain

    This is a moment to reflect on some of the past year’s biggest developments in drug and device litigation. From video streaming of witness testimony to exclusion of plaintiff experts on scientific grounds, 2016 saw many significant decisions that may impact future cases, say Christine Kain, Patrick Reilly and Joseph Price of Faegre Baker Daniels LLP.