• February 14, 2018

    Feds Want 11-Year Sentence For Armored Truck Fraudster

    Federal prosecutors on Wednesday urged a Virginia federal judge to sentence the CEO of a now-defunct military contractor to more than 11 years in prison for providing faulty armored trucks under federal contracts, arguing the tough sentence is warranted since the fraud endangered lives of American soldiers.

  • February 14, 2018

    Facing Punitive Damages, BofA Settles With Fired Worker

    Bank of America NA reached a confidential settlement late Tuesday night with a former client manager after a California federal jury found the bank had illegally blacklisted and defamed her, resolving the dispute before the jury could deliberate on the amount of punitive damages the bank would have to pay.

  • February 14, 2018

    11th Circ. Affirms 11-Year Stint For $80M Eli Lilly Drug Theft

    The Eleventh Circuit on Tuesday affirmed the 11-year sentence of a man convicted of stealing an estimated $80 million worth of pharmaceuticals from an Eli Lilly and Co. warehouse in Connecticut, saying there’s no evidence his lawyer was ineffective or that the lower court improperly calculated Eli Lilly’s loss.

  • February 14, 2018

    Leason Ellis Scores Ex-Venable IP Litigator In NY

    Leason Ellis LLP has added an intellectual property litigator with more than 35 years of experience in patent litigation, according to the firm. 

  • February 14, 2018

    Illumina Uses Mosaic Of Trial Assets To Score $27M IP Win

    No one factor propelled Weil Gotshal & Manges LLP and Illumina Inc. to a recent $26.7 million trial win over Ariosa Diagnostics Inc. in a long-running case over prenatal testing technology. Rather, it was a combination of assets that included the strength of Illumina’s patents and the expertise of hard-hitters on the Weil team.

  • February 14, 2018

    Fla. Court OKs Spa Customer's $814K Award, Adds Atty Fees

    A Florida appellate court upheld on Wednesday an $814,000 jury verdict in favor of a woman who said that a chemical peel at a South Florida day spa permanently exacerbated a pre-existing skin condition, ruling that the trial court was right to block the spa’s only expert witness and agreeing to add attorneys' fees to the award.

  • February 14, 2018

    Fla. Appeals Court Affirms $2M Award For Smoker's Widower

    A Florida appeals court on Wednesday affirmed a $2 million award to a man who sued tobacco companies R.J. Reynolds and Philip Morris on behalf of his late wife who died of lung cancer, and allowed the widower to pursue punitive damages as well.

  • February 14, 2018

    Manafort And Gates Deserve Day In Court, Judge Says

    A D.C. federal judge on Wednesday expressed impatience with snags in setting a trial date for President Donald Trump's former campaign chairman Paul Manafort and Manafort's former business partner Rick Gates III, and also the extent to which the criminal case has so far been kept under wraps.

  • February 13, 2018

    Ex-Fugitive Beau Ordered To Testify At NJ Judge's Trial

    A New Jersey state judge on Tuesday ordered a fellow jurist’s former boyfriend to testify at her trial on charges of hindering his apprehension when he was wanted for armed robbery, declaring invalid his assertion of his constitutional privilege against self-incrimination.

  • February 13, 2018

    NJ Hedge Funder Defrauded By 'Lying And Stealing,' Jury Told

    A New Jersey hedge fund owner accused of stealing $4 million from two investors and buying luxury items, including a $1 million home and a roughly $100,000 diamond ring, did so by “lying and stealing,” a federal prosecutor told a jury Tuesday as closing arguments in the criminal case against Nicholas Lattanzio commenced.

  • February 13, 2018

    Brothers Guilty Of Airplane Loan Scam, Other Bank Schemes

    A Massachusetts federal jury found a pair of Chicago brothers guilty Tuesday on all charges in a multimillion-dollar scheme in which prosecutors say the pair used fake names to dupe banks, including Commerce Bank of Worcester, into loaning them money to furnish a lavish lifestyle.

  • February 13, 2018

    Finjan Drops IP Retrial Against Symantec Unit, Signals Deal

    Finjan Inc. announced Monday it had vacated a California federal patent infringement retrial set to start that day against a Symantec Corp. unit, saying it reached confidential settlement terms with its cybersecurity rival and expects by the month’s end to finalize a “definitive agreement.”

  • February 13, 2018

    Ex-NFLer's Business Partner Gets 12 Years For $10M Fraud

    A Richmond federal judge ruled Tuesday that a Virginia man who pled guilty to working with a former NFL player to dupe retirees, ex-coaches and other investors out of roughly $10 million must serve 12 years behind bars for his role in the fraud.

  • February 13, 2018

    1st Circ. Denies Bid To Stall Solodyn Pay-For-Delay Trial

    The First Circuit on Monday denied an attempt by Valeant Pharmaceuticals subsidiary Medicis Pharmaceutical Corp. to stall a March trial slated to decide whether the company paid generic-drug makers to stay out of the market for acne medication Solodyn.

  • February 13, 2018

    Lobbyist Forced To Explain His Arrest To Graft Trial Jury

    Todd Howe, the lobbyist-turned-cooperator testifying at the bribery trial of a former aide to New York Gov. Andrew Cuomo, was quizzed Tuesday over his arrest last week on a bail violation, telling jurors it stemmed from what he called a misunderstanding about his testimony.

  • February 13, 2018

    Shopper's Actions Not Harassment, Costco Tells 7th Circ.

    Costco Wholesale Corp. asked the Seventh Circuit on Tuesday to toss a jury’s finding it is liable after it allegedly failed to protect one of its employees from a customer’s harassment, arguing the customer’s purported actions weren’t enough to meet the Title VII standard.

  • February 13, 2018

    Calif. Jury Finds BofA Blacklisted, Defamed Ex-Worker

    A California federal jury on Tuesday found Bank of America NA illegally blacklisted and defamed a former BofA client manager when it listed her with a fraud reporting agency, awarding the former employee compensatory and punitive damages that could surpass $1.6 million.

  • February 13, 2018

    Mercedes-Benz Settles NJ Crash Suit Amid Jury Selection

    A New Jersey state judge on Tuesday said Mercedes-Benz USA LLC had reached a settlement with a husband and wife amid ongoing jury selection for a trial over their claims that a defect caused the couple's vehicle to slow down before being rear-ended.

  • February 13, 2018

    2nd Circ. Affirms Ex-Brokers' IBM Insider Trading Verdict

    A Second Circuit panel Tuesday upheld a verdict against a pair of former brokers found liable for insider trading in connection with a $1.2 billion IBM deal, ruling that the jury was not required to find their testimony credible.

  • February 13, 2018

    Fla. Justices Shut AG Out Of Oral Args In Asbestos Case

    The Florida Supreme Court declined Tuesday to hear oral arguments from the state's attorney general next month in an asbestos case that could determine whether Florida's courts adopt a stricter standard for screening expert testimony.

Expert Analysis

  • How Senior Status Vacancies Will Shape The 4th Circ.

    Kevin Elliker

    By taking senior status this year, Judge Dennis Shedd and Judge William Traxler will vacate two of the Fourth Circuit’s 15 judgeships, leaving two slots open for appointments by President Trump. Although the two new judges are unlikely to upset the status quo, litigants may face an increased likelihood that their panel will be composed of Republican-appointed judges, says Kevin Elliker of Hunton & Williams LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • A 'More Than Peanuts' Sentence Of Food Company Officials

    Robert Hibbert

    In U.S. v. Parnell, the Eleventh Circuit recently upheld the longest criminal sentences ever imposed in a food safety case. The court's opinion underlines the abiding significance of the criminal sanction within the food safety landscape, say Robert Hibbert and Hilary Lewis of Morgan Lewis & Bockius LLP.

  • Filter MDL Puts FDA Clearance Evidence Back On The Table

    James Beck

    U.S. Food and Drug Administration compliance evidence was for decades admissible evidence in product liability litigation, until rulings in pelvic mesh cases began to change the law. But last week, the judge in the Bard IVC Filters Products Liability Litigation held such evidence admissible, giving product liability defense counsel a clearly articulated and compelling argument, says James Beck of Reed Smith LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Weekly Column

    Acting For Trial Lawyers: Emphasis And Impact Devices

    Michael DeBlis III

    As lawyers, we are very good at emphasizing the written word in our briefs through a variety of literary and stylistic devices, but we sometimes struggle to apply that same approach to the spoken word, says actor and trial lawyer Michael DeBlis.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • The Meaninglessness Of 'Disinterested'

    Richard Roth

    The Black Elk bankruptcy — related to the criminal indictment and upcoming trial of seven former Platinum Partners and Black Elk executives — involved a claimed disinterestedness that seems to indicate that the Bankruptcy Code’s disinterested requirement is something seasoned counsel can work around, says Richard Roth, a corporate and securities attorney.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.