• January 13, 2017

    Pharmacy That Sold Deadly Drugs Touted Safety, Jury Told

    A former sales representative at a Massachusetts pharmacy linked to the deadly 2012 meningitis outbreak testified Friday he was trained to tell prospective customers the company was fastidious about ensuring patient safety as he took the stand in the murder trial of the firm's former chief.

  • January 13, 2017

    Pa. Atty Denied Reargument On $45K Sanction Appeal

    A Pennsylvania attorney who received a nearly $45,000 sanction for sending a purportedly intimidating letter to the employer of an opponent’s expert witness in a medical malpractice case was prevented on Thursday from rearguing an appeal of the sanction to the state’s Superior Court.

  • January 13, 2017

    Reed Smith Adds Ex-McDermott Litigation Pro In Chicago

    Reed Smith LLP is expanding its health care law expertise with the addition of a partner, who joined Reed Smith's Chicago office from McDermott Will & Emery LLP, where he was also a partner, the firm announced.

  • January 13, 2017

    DuPont Can't Ax Cancer Causation Claim On Eve Of C8 Trial

    A federal judge on Thursday rejected DuPont's efforts to excise a key legal argument from an imminent trial over Ohio water contamination caused by decades' worth of Teflon manufacturing waste, the second of 40 trials expected this year in the multidistrict litigation.

  • January 13, 2017

    SEC Whistleblower Prodded On Misconduct At Fraud Trial

    U.S. Securities and Exchange Commission whistleblower Jason Thorell sparred Friday over the extent of his wrongdoing at Visium Asset Management LP with the counsel for Stefan Lumiere, a former portfolio manager at the hedge fund being tried on criminal charges of scheming to overvalue a $480 million debt fund.

  • January 13, 2017

    Magic City Dancers Settle FLSA Suit On Eve Of Trial

    The group of exotic dancers suing the owners of the popular Atlanta strip club Magic City agreed to settle its federal labor claims in Georgia federal court on Thursday, just a few days before the jury trial was scheduled to begin.

  • January 13, 2017

    Jury Claims Can’t Save UC San Diego Wrongful Death Suit

    A California state appeals court on Friday affirmed a jury’s conclusion that a University of California medical center wasn’t to blame for the death of a man whose father said went undiagnosed for a lung infection, concluding that the issues raised on appeal had been forfeited.

  • January 13, 2017

    Supreme Court To Review Limitations On SEC Disgorgement

    The U.S. Supreme Court agreed Friday to review whether the U.S. Securities and Exchange Commission is subject to time limits when seeking ill-gotten gains, taking up a New Mexico investment adviser’s appeal of an issue that has split the circuits.

  • January 13, 2017

    Hicks Thomas Adds 6 Attys, 2 Offices In Texas Expansion

    Texas-based commercial litigation firm Hicks Thomas LLP announced this week that it will be expanding, opening offices in Austin and Beaumont, which coincides with the addition of veteran trial lawyer Jay Old and five more attorneys to the firm.

  • January 12, 2017

    Judge Won't Set 1st Calif. J&J Talc Cancer Trial Date Yet

    A California judge on Thursday declined to set a trial date for a woman who alleges she has only six months to live due to ovarian cancer caused by Johnson & Johnson talcum powder, saying she must ensure an early trial won't complicate the coordinated proceeding containing hundreds of plaintiffs.

  • January 12, 2017

    Med Mal Expert Witness Briefing Doesn’t Warrant New Trial

    An Arizona appellate court ruled Thursday that a jury verdict finding a chiropractor not liable for medical malpractice was properly reached despite the plaintiff’s assertion that the defendant improperly prepped his expert witness by providing him with trial transcripts, rejecting a bid for a new trial.

  • January 12, 2017

    Lighting Distributor Gets 27 Months In $5M Fraud Scheme

    A lighting distributor who copped to a role in a $5 million fraud and kickback scheme in which contracts for LED light fixtures at Miami International Airport were directed to a single company in exchange for a share in the proceeds has been sentenced to serve 27 months in prison and pay $2.4 million in restitution.

  • January 12, 2017

    Trial Judge Made Right Med Mal Expert Call, Ohio Court Says

    An Ohio appeals court ruled Thursday that it won’t revive a medical malpractice suit accusing a doctor of botching a patient’s prostate cancer surgery, saying there are no issues with the defense’s expert witness testimony.

  • January 12, 2017

    SEC Whistleblower Enticed Visium Fraud Trial Target To Talk

    U.S. Securities and Exchange Commission whistleblower Jason Thorell said that he was out for a bounty — and to “damage” former bosses at hedge fund Visium Asset Management LP — when he secretly recorded criminal fraud defendant Stefan Lumiere saying a fund boss was “egregiously” mismarking debt values, a Manhattan federal jury heard Thursday.

  • January 12, 2017

    Texas Roadhouse Disputes Bombshell Bias Testimony

    Attorneys for Texas Roadhouse on Thursday grilled one of the company's employees about her contention that a top official admitted to age discrimination, turning up the heat about 67 after-the-fact changes she made to her deposition.

  • January 12, 2017

    Enviros, Chicago Settle Pollution Suit On Eve Of Trial

    The Metropolitan Water Reclamation District of Greater Chicago has reached an eleventh-hour settlement with environmental groups over allegations of excessive phosphorus pollution, according to court documents filed Wednesday, resolving the need for a trial that was scheduled to begin next week.

  • January 12, 2017

    Distillery Didn't Violate 'Cowboy' Trademark, Texas Jury Finds

    Lone Star Distillery LLC did not infringe a rival’s trademark for the word “cowboy” by selling bourbon with the word in its name, a Texas federal jury ruled Wednesday, following a December false start that ended in a mistrial.

  • January 12, 2017

    Penn State Fights Ex-Coach’s Bid For $1.7M In Costs

    Pennsylvania State University urged a judge Wednesday to reject former football coach Mike McQueary’s request for nearly $1.7 million in costs incurred waging a lawsuit that has already earned him more than $12 million over his firing in the wake of the Jerry Sandusky scandal, calling his petition deficient.

  • January 12, 2017

    Outgoing Mass. Prosecutor Ortiz Wasn’t Afraid To Lose

    In her seven-year tenure set to end Friday, U.S. Attorney Carmen Ortiz has made targeting top executives involved in corporate misconduct a priority, and her office has secured large settlements with companies including Acclarent and Warner Chilcott. She has heard the criticism as executives at those companies were cleared of the most serious charges, but prosecutors can’t be afraid to lose, Ortiz told Law360.

  • January 11, 2017

    Oculus Exec Denies Using Stolen Code In $2B Trial

    The chief technology officer for Facebook-owned Oculus VR LLC, who formerly worked for a video game developer seeking $2 billion in a Texas federal court trial, told jurors Wednesday the virtual reality headset wasn’t founded using stolen technology.

Expert Analysis

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.

  • How A False Claims Act Case Works — Or Fails

    Steven Boranian

    How does off-label promotion of prescription drugs relate to the False Claims Act? A recent lawsuit alleged that the manufacturer of a prescription diabetes medication engaged in off-label promotion, inducing medical providers to make false claims for reimbursement to Medicare and Medicaid. The problem was that the suit demonstrated neither falseness nor a particular claim, says Steven Boranian of Reed Smith.

  • End Of The Road For A Challenge To Rule 17(c)

    Daniel Wenner

    Despite a powerful pitch, the U.S. Supreme Court recently denied the petition for certiorari in U.S. v. Rand. The Fourth Circuit's decision highlights that criminal defendants might not be able to obtain third-party discovery, which places them in a far worse position than their civil counterparts, says Daniel Wenner of Day Pitney LLP.

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.

  • Almost Famous: Trademark Dilution Claims Just Out Of Reach

    Eric Ball

    Recent dismissals of trademark dilution claims at the motion-to-dismiss stage highlight that plaintiffs must be prepared to show early on that their mark is a “household name” before they can pursue their claims. These decisions also show that defendants are more often turning to this early path to attack an exaggerated claim to fame, say Eric Ball and Carly Bittman of Fenwick & West LLP.

  • 6 Key Commercial Litigation Finance Trends For 2017

    Ralph J. Sutton

    With commercial litigation funding gaining acceptance throughout the U.S., law firms and corporations are investigating how they can benefit from the capital that funders provide, and which criteria they should use in selecting a funder. Ralph Sutton, chief investment officer of Bentham IMF, discusses several major trends to watch in 2017.

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017


    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.

  • Mediating E-Discovery Disputes Can Save Time And Money

    Daniel Garrie

    A primary driver of increasing litigation costs is the explosion of electronic discovery in recent years. Electronic data is not only increasing dramatically in volume, it is also growing in complexity. One way parties can save time and money is to use a neutral, technically skilled mediator, to ensure that e-discovery is both robust and cost-effective, says Daniel Garrie of JAMS.

  • REBUTTAL: Mental Health Testimony Is Key To Finding Truth

    James J. McDonald Jr.

    In her recent Law360 guest article Chloe Roberts criticized a defendant’s use of forensic psychiatric testimony in a recent sexual harassment trial, noting that such testimony condones the revictimization of plaintiffs. However, to prevent a defendant from testing the veracity of the plaintiff’s claim in the name of avoiding “revictimization” is hardly consistent with our notion of due process, says James McDonald Jr. of Fisher Phillips.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.