• July 21, 2017

    TransUnion Says $60M FCRA Verdict Warrants New Trial

    One month after a jury found TransUnion owed $60 million in damages for violating the Fair Credit Reporting Act by conflating a class of consumers with similarly named terrorists and criminals from a government watch list, the company recently told a California federal court that the award was excessive and asked for a new trial.

  • July 21, 2017

    Amphastar Escapes $1B Momenta, Sandoz Infringement Suit

    A Massachusetts federal jury on Friday sided with Amphastar Pharmaceuticals in a patent battle with Momenta Pharmaceuticals and Sandoz, finding that Momenta’s patent for a generic blood thinner was invalid and that Momenta could not enforce it anyway.

  • July 20, 2017

    Ill. County Public Defender’s Office Beats Bias Claims At Trial

    An Illinois federal jury has rejected a former assistant public defender’s claims that he was discriminated against because of his age, gender and race when denied a promotion within the Cook County Public Defender's Office.

  • July 20, 2017

    Jurors Won't Hear Theory J&J Conspired To Hide Talc Danger

    A California judge ruled Thursday that a woman alleging Johnson & Johnson’s talcum powder products caused her ovarian cancer can’t claim during opening statements in next week’s much-anticipated bellwether trial that J&J conspired to keep warning labels off talc products, saying the evidence shows only legal lobbying.

  • July 20, 2017

    Shkreli, Gov't Embroiled In Investor Evidence Fight

    Attorneys for Martin Shkreli and prosecutors in his securities fraud trial on Thursday traded barbs over a government bid to admit a slew of investor documents into evidence without calling those investors to the witness stand, which the defense claims would violate Shkreli's Sixth Amendment rights.

  • July 20, 2017

    Quincy Jones Tells Jury Michael Jackson Co. ‘Cheated’ Him

    Grammy-award winning music producer Quincy Jones took the stand Thursday in his $30 million royalties suit against Michael Jackson’s production company, saying he was “cheated out of a lot of money” generated by the hit albums he produced for the late King of Pop.

  • July 20, 2017

    Amphastar Asks Jury To Nix $1B Momenta Infringement Case

    Amphastar Pharmaceuticals on Thursday told a federal jury in Boston that generic competitor Momenta’s “outrageous” dishonesty in developing standards for a lucrative blood thinner should end the company’s patent infringement case.

  • July 20, 2017

    Libor Trader Ruling Creates Cross-Border Hurdle For DOJ

    In overturning two traders' convictions for rigging a global financial benchmark, the Second Circuit handed the U.S. Department of Justice a major defeat that cross-border practitioners say creates an obstacle in joint U.S. enforcement cases.

  • July 20, 2017

    Geico Wins On Retrial In Bad Faith Row Over Road Rage Deal

    A Florida federal jury on Wednesday found that Geico didn't act in bad faith by failing to settle with the family of a woman killed amid a road rage incident involving a policyholder who was ordered to pay the family $4 million in an underlying case, five months after the insurer won its bid for a retrial.

  • July 20, 2017

    IP Attys Taking 'Extreme Liberties' With Truth, Judge Says

    A California federal judge complained at a hearing Thursday that it’s become commonplace for patent attorneys and their clients to take “extreme liberties with the truth and reality,” saying during a post-trial hearing in a dispute between two tire companies that such practices need to be reined in.

  • July 20, 2017

    Greatbatch, AVX Argue Final Details Ahead Of Patent Trial

    Medical device makers Greatbatch Ltd. and AVX Corp. nailed down more details Thursday for two upcoming trials in a four-plus-year patent fight, with a weeklong jury trial over two Greatbatch infringement claims against AVX slated for next month in Delaware.

  • July 20, 2017

    DeValerio Of Berman DeValerio Starts New Firm

    Berman DeValerio founding partner Glen DeValerio has left the firm to start a new one, taking a name synonymous with the securities and antitrust arena into new areas of law, including the trial work he recently found an affinity for.

  • July 20, 2017

    Entitled Insider Trader Deserves Up To 8 Years, Feds Say

    Federal prosecutors asked a New York federal court on Wednesday to imprison former MSD Capital LP analyst John Afriyie for up to eight years, saying he exemplified greed and a sense of entitlement when using inside knowledge of a $15 billion private equity buyout to turn a profit.

  • July 20, 2017

    Abbott Won't Get New Trial After $15M Depakote Verdict

    Abbott Laboratories won't get a redo of a trial in which a jury awarded a 10-year-old $15 million last month over claims the drugmaker failed to properly warn doctors about the risk of birth defects from use of its blockbuster drug Depakote, an Illinois federal judge ruled Wednesday.

  • July 20, 2017

    Patient’s Criminal Past OK’d As Evidence In Med Mal Case

    A Minnesota federal judge ruled Wednesday that Mayo Clinic Rochester can present evidence at a medical malpractice trial that the patient was previously convicted of forgery and theft during his time as an attorney, saying court rules allow the use of such evidence when a witness’ honesty is relevant.

  • July 20, 2017

    Geico's Bad Faith Win Should Stand, Fla. Justices Told

    Geico urged the Florida Supreme Court to uphold a finding that the insurer did not act in bad faith by not settling claims against a policyholder later hit with an $8.7 million fatal-crash judgment, asserting Thursday that an appellate decision for Geico was consistent with established bad faith law.

  • July 20, 2017

    Dish Says Trebled $61M Damages In TCPA Suit Are Excessive

    Dish Network LLC continued to fight a treble damages order of up to $61 million in a suit accusing one of its marketers of making illegal telemarketing calls, telling a North Carolina federal court Wednesday that the award is excessive and that the suit should be tossed as many of the claims were already litigated in a separate Illinois suit.

  • July 19, 2017

    Judge Splits Albany Corruption Case, Trials Set For 2018

    A sprawling corruption case involving two former aides to New York Gov. Andrew Cuomo and hundreds of millions of dollars of rigged contracts was split in two by a federal judge in Manhattan on Tuesday, with trials set to begin in January and May.

  • July 19, 2017

    FDA Heard All Stories Of AndroGel Heart Attacks, Jury Told

    An AbbVie Inc. executive who monitored the safety of the company's products told an Illinois federal jury Wednesday that the U.S. Food and Drug Administration had all the company's information on heart attacks suffered by people on AndroGel but repeatedly declined to ask for a study on the risk.

  • July 19, 2017

    Pepperdine Coach Decried Lesbianism, Bias Trial Jury Told

    Pepperdine University discriminated against two female basketball players who claim they were told lesbianism wouldn’t be tolerated on the team and feared losing their scholarships because they were dating, a California jury heard during opening statements Wednesday in the women’s federal trial against the private Christian university.

Expert Analysis

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Daubert And Product Liability: Mid-2017 Update — Part 1

    Max Kennerly

    A good way to understand the state of the Daubert standard in product liability cases is to examine the four most recent published circuit court opinions. All have one thing in common: The defendants framed Daubert as a matter of pseudoscientific absolutes, and the courts rejected the defendants at every turn, says Max Kennerly of Kennerly Loutey LLC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Series

    My Strangest Day(s) In Court: The Life Partners Bankruptcy

    Joseph Wielebinski

    The bankruptcy courtroom was filled with interested investors. They hung on every argument and every word of testimony. When Life Partners management argued that the allegedly fraudulent business model worked just fine, they cheered, recalls Joseph Wielebinski of Munsch Hardt Kopf & Harr PC.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Well-Crafted PII Capture Policies Are Vital For Retailers

    Andrew Joseph

    California plaintiffs continue to file putative class actions alleging that retailers’ requests for their ZIP codes violate their rights under state law. Retailers must remember that such requests should not appear to be a condition of making a credit card purchase, say attorneys with Drinker Biddle & Reath LLP.

  • Philando Castile And A Criminal Justice System On Trial

    Clark Neily

    Last month, a jury acquitted police officer Jeronimo Yanez of manslaughter for killing black motorist Philando Castile during a traffic stop. Castile was a victim of America’s mass-production approach to criminal justice, which features largely unaccountable and inadequately trained police enforcing frequently unjustifiable laws in a system riddled with disregard for fundamental fairness, says Clark Neily of the Cato Institute.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.