• January 10, 2017

    Facebook Faces $2B Trial Over Virtual Reality Software

    A video game developer on Tuesday told a Texas federal jury Oculus VR LLC pulled "one of the biggest technology heists ever" when it allegedly stole proprietary source code to make its popular virtual reality device before selling the company to Facebook Inc., causing it $2 billion in damages.

  • January 10, 2017

    Feds To Retry Corruption Case Against Ex-LA Sheriff Baca

    Federal prosecutors announced Tuesday they will retry former Los Angeles Sheriff Leroy Baca for obstruction of justice and conspiracy, along with a charge for making false statements, after a jury deadlocked last month on whether Baca tried to thwart an FBI investigation into inmate abuse.

  • January 10, 2017

    Gilead Calls $50M Cancer Drug Bonus Demand 'Absurdity'

    A Gilead Sciences Inc. attorney dismissed as “absurdity” on Tuesday claims that the company’s $375 million purchase of Calistoga Pharmaceuticals Inc. in 2011 mandated a conditional $50 million bonus payment if a promising Calistoga drug qualified for use in treating a handful of patients.

  • January 10, 2017

    Feds, PG&E Spar Over Penalty In Pipeline Explosion Case

    Federal prosecutors on Monday urged a judge to impose the maximum $3 million criminal fine, along with other penalties, against Pacific Gas & Electric Co. over a deadly 2010 pipeline explosion, but the utility said adopting every recommendation from federal probation officials would unfairly expose it to even greater penalties.

  • January 10, 2017

    Pharmacist Denied Problems Amid Meningitis Probe, Jury Told

    The head of a Massachusetts compounding pharmacy had told a Centers for Disease Control official investigating the start of a meningitis outbreak that the company had no issues with testing or sterilization, the official testified this week before a federal jury.

  • January 10, 2017

    Novelist's Ex-Atty Denies Conflict At $3M Malpractice Trial

    Former McLaughlin & Stern LLP partner Martin Friedman conceded Tuesday that he did not advise Mary Kuczkir, the 83-year-old novelist better known as Fern Michaels, to consult another lawyer before hiring him as her literary agent, but testified there was no ethical conflict even though he long had represented her in legal matters.

  • January 10, 2017

    Suits Over Defective Wright Hip Implant Stems Combined

    A California federal judge on Monday consolidated two cases accusing Wright Medical Technology Inc. and MicroPort Orthopedics Inc. of hiding a serious defect in their prosthetic hip implants that caused part of the implant to break "suddenly and catastrophically," ruling that joining them for a Dec. 5 trial is logical. 

  • January 9, 2017

    Stanford Receiver Tells Jury Investor Should Repay $90M

    The receiver for the $7 billion Ponzi scheme run by R. Allen Stanford asked a Texas federal jury Monday to allow him to recoup nearly $90 million from a billionaire investor who allegedly learned insider information that tipped him off Stanford was running a fraud.

  • January 9, 2017

    The Firms That Dominated In 2016

    Law360's Firms of the Year rose above the competition in 2016 by earning a combined 20 Practice Group of the Year awards on the strength of work that helped their clients attain game-changing judgments and close record deals.

  • January 9, 2017

    5th Circ. Asked To Consolidate Hip MDL Bellwether Appeals

    Patients in appeals stemming from multidistrict litigation lawsuits against Johnson & Johnson over its hip prosthetics on Friday asked the Fifth Circuit to consolidate the appeals from the second and third bellwether trials, arguing that substantial overlap of the facts involved makes a consolidated appeal more efficient.

  • January 9, 2017

    Author Fern Michaels Leaves Malpractice Trial Citing Illness

    Mary Kuczkir, the 83-year-old novelist better known as Fern Michaels, departed a Manhattan federal bench trial before the close of proceedings Monday citing illness, as her longtime former lawyer and agent — whom she accused of malpractice in a $3 million suit — defended the work he and his former firm, McLaughlin & Stern LLP, did for her.

  • January 9, 2017

    Texas Roadhouse’s Recipe Was Age Bias, EEOC Tells Jury

    Texas Roadhouse engaged in blatant age discrimination when it rejected job seekers with sticky notes on their applications that said things like “older,” “super old,” “old and chubby” and “old chick,” a government agency suing the restaurant chain told a federal jury in Boston Monday.

  • January 9, 2017

    7th Circ. Grants Mother Fees In FMLA Accommodation Suit

    The Seventh Circuit on Monday upheld most of a jury verdict in favor of a woman who said she was forced out of her job at a Wisconsin recycling plant to care for her autistic son in violation of the Family Medical Leave Act, and granted her a full award of attorneys’ fees because it said all of her claims were persuasive.

  • January 9, 2017

    Dewey Judge Seeks DA Input On Cooperator Deal Testimony

    The New York state judge overseeing the upcoming retrial of two former Dewey & LeBoeuf LLP executives on Monday gave prosecutors until the end of the week to respond to a defense motion seeking to grill the government’s star witness about the circumstances that led him to get a new plea deal in exchange for his ongoing cooperation.

  • January 9, 2017

    Meningitis Outbreak Was Murder, Feds Tell Jury

    The head of a Massachusetts compounding pharmacy committed murder when his company shipped vials of mold-contaminated steroid injections around the country, federal prosecutors told a jury in Boston on Monday.

  • January 9, 2017

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2016 Practice Group of the Year awards, the law firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry.

  • January 9, 2017

    SAC Trader, Gov't Disagree Over Salman In 2nd Circ. Case

    The federal government and former SAC Capital Advisors LP manager Mathew Martoma butted heads in the Second Circuit on Friday over how the U.S. Supreme Court’s recent decision in the Salman insider trading case affects Martoma’s challenge to his own conviction for trading on inside information.

  • January 9, 2017

    US Asks 2nd Circ. To Revive Alstom Exec's FCPA Charges

    Federal prosecutors renewed their call for the Second Circuit to revive bribery charges against a former Alstom SA executive on Friday, saying a judge's partial dismissal of a count in an upcoming trial is enough to support a criminal interlocutory appeal.

  • January 9, 2017

    Ex-Wrigley Rooftop Club Owner Gets 1.5 Years For Cubs Fraud

    An Illinois federal judge sentenced the former owner of a rooftop club overlooking Wrigley Field to 18 months in prison Monday for defrauding the Chicago Cubs, the city and the county out of fees and taxes related to his business.

  • January 6, 2017

    Judge Won't Block Witnesses In Sports Agent Smuggling Trial

    A Florida federal judge on Thursday denied a bid by a sports agent alleged to have participated in a $16 million scheme to smuggle Cuban baseball players to exclude testimony from five government witnesses, despite the agent’s request to withhold the testimony as a sanction for the government’s withholding of potentially damaging evidence until the last minute.

Expert Analysis

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • Public Records Access V. Privacy: California's Struggle

    Louie Castoria

    As Associate Justice Goodwin Liu commented during oral arguments last week, “Every jurisdiction in California will be parsing what we say to tell their employees what to do.” City of San Jose v. Superior Court poses a narrow question: whether a blanket exemption exists under the Public Records Act for communications conducted on private devices, say Louie Castoria and Aaron Cargain of Kaufman Dolowich & Voluck LLP.

  • Auto Dealer Robinson-Patman Act Cases After Stevens Creek

    Adam L. Hudes

    Following a two-week trial in the Northern District of California, a federal jury recently found that Fiat Chrysler’s dealer incentive program did not violate the Robinson-Patman Act’s prohibition against price discrimination. The lawsuit highlights two competing themes that have played out in recent years, say Adam Hudes and Stephen Medlock of Mayer Brown LLP.

  • How Mental Health Testimony Revictimizes Plaintiffs

    Chloe J. Roberts

    Attorneys litigating high-stakes sexual harassment and discrimination claims are increasingly turning to behavioral science and expert mental health consultants for help. However, when courts allow such expert testimony to go beyond the traditional context of proving the reasonable amount of emotional distress a plaintiff has faced, they essentially condone the revictimization of plaintiffs, says Chloe Roberts of Roberts & Associates Law Firm.

  • Talking 'Bull': Episode 9, Light My Fire

    Futterman Photo.jpg

    The TV show Bull has high ratings, but has not grabbed hold of the zeitgeist. There have not been tangential think pieces in the arts pages, but the legal community is well aware of the series. Bull seems to be like one of those shows that you realize years later is still on the air being watched by a lot of people you have never met, like the Mentalist or some show in which a fat guy is the dad, says Dr. Roy Futterman of DOAR Inc.

  • A Simple Way To Manage Costs In Patent Litigation

    Andrew C. Michaels

    One underutilized tool to help keep patent litigation costs down could be for parties to agree to page limits on expert reports, says Andrew Michaels, a visiting associate professor and intellectual property fellow at George Washington University Law School.

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel


    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • Employee/Experts Not Shielded By Attorney-Client Privilege

    Stephen McConnell.jpg

    When a client's product is at issue in court, and a relevant expert witness is not available, an employee may sometimes be tapped to fill this role. This can be a useful strategy, but it comes with a downside: much of the prep work with the now-expert might be discoverable, says Stephen McConnell of Reed Smith LLP.