• September 19, 2017

    2nd Circ. Affirms Tech Co.'s D&O Coverage Loss

    The Second Circuit on Tuesday upheld a judgment that Beazley Insurance doesn't have to cover a video surveillance company's settlement with a business partner over lapsed payments, saying an exclusion in Beazley's directors and officers policy bars coverage because the partner's executive was also a director of the insured company.

  • September 19, 2017

    Racer Blames Manager For Weather Fibs At $2B Fraud Trial

    Talk of the weather returned Tuesday to the Manhattan payday loan fraud trial of racer Scott Tucker and lawyer Timothy Muir, with Tucker’s defense team blaming a former manager for meteorological fibs that tricked callers into thinking the Kansas-based lending operation was on faraway tribal lands.

  • September 19, 2017

    Pharmacist Killed Patients By Shunning Safety, Jury Told

    Federal prosecutors told a jury in opening statements on Tuesday that a pharmacist’s stupefying recklessness caused a 2012 fungal meningitis outbreak and amounted to second-degree murder.

  • September 19, 2017

    KIT Fraud Suspect's Trial Delayed To Review Late Laptop Docs

    A New York federal judge Tuesday pushed back the looming fraud trial of now-defunct video technology firm KIT Digital Inc.'s ex-CEO, blaming both sides for the confusion over documents stored on a laptop that was glancingly disclosed to the defense, which in turn never responded to an offer to examine it.

  • September 19, 2017

    Ex-Atty Says No Conspiracy To Falsify Asylum Apps

    A former Chicago immigration attorney asked the Seventh Circuit to throw out his conviction for conspiring to submit false asylum applications for his clients Tuesday, arguing that the government failed to show how the plot had a single, unifying goal.

  • September 18, 2017

    Mystery Note In Coffee Cancer Row Risks Mistrial: Nonprofit

    A nonprofit suing Starbucks and other coffee sellers to force them to post cancer warnings on their products urged a California judge Monday to prevent disclosure of a mysterious letter from a “wayward” expert it had hired, saying the missive would create a “sideshow and a circus” that could cause a mistrial.

  • September 18, 2017

    Ex-FedEx Worker Tells Jury He Was Fired For Spotting Fraud

    Counsel for a former FedEx sales manager told a Tennessee jury during Monday opening statements the man was a top performer for the delivery services giant until he was fired for notifying his bosses that drivers and dispatchers were falsifying records to avoid the blame for late deliveries.

  • September 18, 2017

    Menendez Friend Blocked Access To Flight Data, Witness Says

    The son-in-law of a Florida ophthalmologist accused of bribing Sen. Bob Menendez with rides aboard his private jet requested that the Federal Aviation Administration block certain public access to the plane's flight data in the hours after FBI agents raided the physician's offices, according to testimony Monday at the doctor's and senator's trial.

  • September 18, 2017

    Madoff Trustee Blasts Merkin's 'Double Recovery' Claims

    The trustee for Bernie Madoff's defunct investment firm on Friday slammed efforts to prevent him from both seeking $280 million from disgraced financier J. Ezra Merkin and subordinating Merkin's claims against the estate at an upcoming trial over Ponzi scheme proceeds, saying this “double recovery” concern is off-base and premature.

  • September 18, 2017

    Ex-Dewey CFO Says It's Only Fair He Doesn't Serve Time

    Former Dewey & LeBoeuf LLP Chief Financial Officer Joel Sanders urged a New York judge on Monday to impose a no-jail sentence, arguing the prosecution's request for a four-year sentence is turning "a blind eye to reality" in comparing Sanders with major Ponzi schemers.

  • September 18, 2017

    Wilmington Trust Seeks Fed Reserve Docs Before Fraud Trial

    Wilmington Trust Corp. has told a Delaware federal court that the Federal Reserve is in possession of documents that could help the bank defend against charges it hid hundreds of millions of dollars’ worth of overdue loans from investors and regulators.

  • September 18, 2017

    AbbVie Failed To Study Risks Of AndroGel, Jury Told

    AbbVie dodged its responsibility to test AndroGel to see whether users faced an increased risk of heart attack, attorneys for a man suing the company told an Illinois federal jury Monday at the start of the second bellwether trial in the multidistrict litigation over testosterone gel products.

  • September 18, 2017

    UC And Professors Reach Deal In Strawberry IP Dispute

    Two former University of California Davis professors who were found guilty of infringing strawberry seed patents will have to return certain varietals to the university and give up $2.5 million in future patent inventor royalties under a settlement filed in California federal court on Monday.

  • September 18, 2017

    11th Circ. Upholds Harassment Verdict Against Cooling Co.

    The Eleventh Circuit on Monday affirmed a jury verdict awarding $50,000 in emotional damages to a former employee of a water cooling company who claimed her boss sexually harassed her at work, finding the amount was reasonable in light of the evidence.

  • September 18, 2017

    Mother Gets Redo On Trial Over Newborn's Death

    A Tennessee appeals court on Monday overturned a jury's verdict that doctors who delivered a twin who died committed no medical liability, saying the jury was instructed wrongly that a complication that happened during labor might constitute a “sudden or unexpected emergency.”

  • September 18, 2017

    Jurors Hear Secretly Recorded Spat At NY Atty's Fraud Trial

    California federal jurors were treated Monday to profanity-laden recordings secretly made by a contractor while he confronted New York attorney Joel Zweig about forging his name on a lease agreement and an affidavit, as the lawyer's trial on fraud and perjury charges continued into its second week.

  • September 18, 2017

    Hospira Tells Jury Biosimilar Was Covered By Safe Harbor

    Pharmaceutical company Hospira Inc. told a freshly empaneled Delaware federal jury Monday that its production of a biosimilar version of an Amgen Inc. biologic anemia treatment doesn’t infringe Amgen’s patents because the product was just used for testing and regulatory purposes.

  • September 18, 2017

    Attys Shed Suit Over $1.3M In Insurance Claims At 3rd Circ.

    A three-judge Third Circuit panel agreed Friday that there was not enough evidence to force a pair of Claims Worldwide LLC attorneys to face trial on allegations that they conspired to submit $1.3 million in false insurance claims on behalf of a Philadelphia church.

  • September 18, 2017

    Fla. Pharmacist, Staffer Convicted For $30M Tricare Fraud

    A Florida federal jury has convicted a pharmacy owner and his “right-hand man” of bilking Tricare and a federal employee benefit scheme out of more than $30 million through a conspiracy to fulfill unnecessary prescriptions, the U.S. Department of Justice announced Monday.

  • September 18, 2017

    Atty Tells Jury Tribe Grew Wary Of Racer's Payday Loan Plan

    An effort by racer Scott Tucker to involve California's Yurok tribe in a lending operation fizzled amid tribal concern it would have no role in the business except to “exist,” the Yuroks' former lawyer told a Manhattan jury Monday in the criminal fraud trial of Tucker and his attorney Timothy Muir.

Expert Analysis

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • High Court Bristol-Myers Ruling: Direction For State Courts

    Jermaine Haughton

    The recent U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California has caused concern among litigants who fear it will restrict the scope of specific jurisdiction. But the ruling simply reinforces Supreme Court precedent, and state courts are already following its clear guidance, says Jermaine Haughton of Miles & Stockbridge PC.

  • Series

    What I Learned In My 1st Year: Authenticity Is Key

    Amy Rubenstein

    Three important lessons from the beginning of my practice have stuck with me. From these lessons, I discovered that I am at my best when I am authentic — and because I am who I am, clients, counsel and courts find me credible, says Amy Rubenstein of Schiff Hardin LLP.

  • What Does It Mean To 'Consider' Pipeline Risk Factors?

    Zachary Koslap

    The Fifth Circuit's recent ruling in ExxonMobil Pipeline Company v. U.S. Department of Transportation held that ExxonMobil was not in violation of regulations requiring it to “consider” all risk factors relevant to a certain pipeline segment. The court’s distinction between process-based and outcome-based regulations is especially useful, says Zachary Koslap of Manko Gold Katcher & Fox LLP.

  • Experts Must Investigate Materials They Rely On

    Jeffrey Klenk

    Experts are accorded wide latitude in terms of the materials they can rely upon in forming their opinions, but they must independently investigate those materials. Federal courts in New Jersey and Pennsylvania recently excluded expert testimony because the materials being relied upon had not been fully vetted, says Jeffrey Klenk of Berkeley Research Group LLC.

  • Opinion

    Is Pardoning Arpaio Unpardonable?

    Harold Krent

    President Donald Trump’s seemingly precipitous decision to pardon former Maricopa County Sheriff Joe Arpaio may well set the stage for a constitutional showdown. By exonerating a man who thumbed his nose at a federal judicial order, Trump has threatened the rule of law, says Harold Krent, dean and professor of law at IIT Chicago-Kent College of Law.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 2nd Circ. Has New Test For Determining 'Personal Benefit'

    Geoffrey Chepiga

    The Second Circuit in U.S. v. Martoma altered the standard for determining whether the “personal benefit” element of insider trading has been satisfied. If the decision survives a potential en banc review, it will be up to the lower courts to ensure the test has real teeth, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.