• October 13, 2017

    Pa. Court Won't Rap Nursing Home Over Discovery Faults

    After granting a new trial to the estate of a patient in a long-running nursing home negligence suit in August, the Pennsylvania Superior Court has held firm in its decision not to punish the home for a series of decade-old discovery violations, even after scolding the home for its conduct.

  • October 13, 2017

    Auto Racer, Atty Guilty Of Running Predatory Loan Empire

    A Manhattan jury Friday found auto racer Scott Tucker and his attorney Timothy Muir guilty of operating a $2 billion criminal payday loan empire that preyed on millions of vulnerable borrowers and entered into sham deals with Native American tribes in a cynical effort to evade consumer lawsuits and law enforcement.

  • October 13, 2017

    Texas High Court Won't Hear Anglo-Dutch Atty Fees Row

    The Texas Supreme Court on Friday denied a bid for review from Anglo-Dutch Petroleum International, which had argued a trial court awarded and lower appellate court wrongly affirmed a “windfall” in interest on attorneys' fees to a lawyer who represented the company in a trade secrets suit, after Anglo-Dutch successfully appealed a verdict on the fee amount.

  • October 13, 2017

    Saleswoman Dodges Prison In $30M Russia Export Scheme

    A former electronics saleswoman linked to a $30 million illegal Russian microchip export scheme was sentenced to time served and two years of supervised release Thursday, after she was found guilty of conspiracy to commit wire fraud, a New York federal judge said.

  • October 13, 2017

    Arent Fox IP Litigation Duo Joins Crowell & Moring In SF

    Crowell & Moring LLP has hired two Arent Fox LLP intellectual property litigators for its litigation group in San Francisco, bolstering the firm’s ability to serve clients in high-stakes disputes involving technology innovation, Crowell & Moring said Thursday.

  • October 13, 2017

    Uber Says Waymo Can't Fish For Source Code Before Trial

    Uber urged a California federal judge Thursday not to force it to surrender its self-driving car source code to Waymo LLC, saying Alphabet Inc.’s self-driving car unit shouldn’t be allowed to go on a “carte-blanche fishing expedition” to reinvent its entire case with just two months before trial.

  • October 12, 2017

    Hepatitis Victim Had Costco Berry Blend In Home, Jury Told

    The daughter of a woman who was killed by hepatitis A told a California jury on Thursday that she and her sister found two bags of the Costco-sold organic berry blend linked to a hepatitis outbreak in their mother’s refrigerator and freezer after she was hospitalized.

  • October 12, 2017

    J&J Cites Jury Misconduct In Bid To Nix $417M Talc Verdict

    Johnson & Johnson on Thursday urged a California judge to toss out a $417 million jury verdict awarded to a woman who claimed the company's baby powder gave her ovarian cancer, arguing in part that members of the jury committed misconduct by considering attorneys’ fees and taxes when making the award.

  • October 12, 2017

    Ex-HSBC Exec Defends Actions Over $3.5B Forex Deal

    A former HSBC foreign currency exchange executive took the witness stand in his own defense for a second day on Thursday in Brooklyn federal court, giving jurors his own version of events surrounding a $3.5 billion forex deal for oil and gas developer Cairn Energy PLC that prosecutors claim was fraudulent.

  • October 12, 2017

    Samsung, Apple Spar Over New Patent Trial’s Damages Test

    Samsung Electronics Co. Ltd. and Apple Inc. fought in California federal court Thursday over what test a jury should use to calculate damages if a judge grants Samsung’s bid for a new trial in a $400 million smartphone patent war between the tech giants, with Apple backing its own four-step test and Samsung arguing for something simpler.

  • October 12, 2017

    Racer In $2B Loan Fraud Says Atty Advice Drove Tribal Ties

    A race car driver's strategy to beat charges that he ran a $2 billion criminal payday loan empire came into focus Thursday as he told a Manhattan jury that his ties with Native American tribes were the product of good faith legal advice, but prosecutors countered that he was trying to distract jurors from a mountain of lies.

  • October 12, 2017

    Ex-ArthroCare CEO Can't Undo $750M Fraud Conviction

    A Texas federal judge denied a former ArthroCare Corp. CEO’s attempt to overturn his conviction after a second jury found him guilty of cheating investors out of roughly $750 million by inflating sales and revenue numbers.

  • October 12, 2017

    Amgen Defends $70M Biosimilar Verdict Against Hospira

    Amgen Inc. on Wednesday defended its $70 million patent infringement verdict against post-trial attacks from Hospira, telling a Delaware federal judge that a regulatory safe harbor for limited manufacturing of the anemia-targeting biosimilar is unavailable here.

  • October 12, 2017

    McDonnell Can't Void Ex-Rep. Fattah's Conviction, Feds Say

    Federal prosecutors are pushing the Third Circuit to reject arguments that the U.S. Supreme Court's recent decision in the so-called McDonnell case, which limited what can be considered an "official act" from a government official sufficient to support a bribery charge, should upend former Rep. Chaka Fattah's corruption conviction.

  • October 12, 2017

    Trio Of Pharma Cos. Fight Post-Trial Bids In $1B Patent Row

    Three pharmaceutical companies involved in a $1 billion patent infringement suit over a quality control test for a generic blood thinner contested each other’s dueling bids for post-trial relief Wednesday — including judgment or a new trial — after a jury found the patent was infringed but the claims were nonetheless invalid.

  • October 12, 2017

    Sony Beats Bid To Revive NJ Suit Over Exploding TV Fire

    Sony Electronics Inc. maintained its trial victory in a case over a purportedly combustible television Thursday when the New Jersey Appellate Division refused to buy a customer’s contention that a juror held a grudge against him.

  • October 11, 2017

    NJ Judge Challenges Theory Under Menendez Bribery Trial

    The New Jersey federal judge presiding over the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist on Wednesday challenged the validity of the stream of benefits theory underlying the case in light of the U.S. Supreme Court’s landmark McDonnell decision, foreshadowing a potential blow to the government.

  • October 11, 2017

    Fla. Energy Biz Partners Trade Barbs At Bankruptcy Trial

    The tension simmering between former partners of a bankrupt Florida energy company repeatedly neared the boiling point Wednesday as a co-founder cross-examined the company's largest investor, who allegedly put the business into involuntary bankruptcy as part of a scheme to force the co-founder out.

  • October 11, 2017

    Iowa Court Backs Doc’s Trial Win In Baby Brain Injury Suit

    An Iowa appeals court on Wednesday affirmed a jury’s decision to clear a doctor in a suit alleging he caused a baby’s severe brain damage by failing to perform a cesarean section, saying certain evidence was properly excluded by the trial judge.

  • October 11, 2017

    Ex-HSBC Exec Tells Jury $3.5B Forex Deal Was Aboveboard

    A former HSBC foreign exchange executive took the witness stand Wednesday at his trial over claims that he used a $3.5 billion forex transaction to enrich the bank at the expense of Scottish oil and gas developer Cairn Energy PLC, telling a New York federal jury that there was nothing improper about the execution of the deal.

Expert Analysis

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Series

    What I Learned In My 1st Year: Never Give Up

    Alan Hoffman

    In my first week of practice, I was assigned to litigation that had been pending for 17 years. No discovery had been done, and the case was set for trial or dismissal in less than 60 days. From what followed, I learned some of the most important lessons of my career, says Alan Hoffman of Husch Blackwell LLP.

  • When Plaintiffs Sue Over Products They Did Not Purchase

    Francis Citera

    The Northern District of Illinois has recently allowed plaintiffs to allege standing for products they did not purchase in two different cases. But the key common element is that the products the plaintiffs did purchase and those they did not were substantially similar, says Francis Citera of Greenberg Traurig LLP.

  • Charting A Course To Business Judgment Review

    Stacy Nettleton

    The Delaware Chancery Court’s recent decision to dismiss a shareholder suit challenging the sale of Martha Stewart Living Omnimedia confirms that there is a path to business judgment rule review, at the pleading stage, of third-party mergers of controlled companies where disparate consideration creates a conflict for the controlling stockholder, say Stacy Nettleton and Christie Di Guglielmo of Weil Gotshal & Manges LLP.

  • Supreme Court Applied 'Settled Principles' In BMS Ruling

    Leslie Brueckner

    The U.S. Supreme Court’s recent ruling in Bristol-Myers Squibb v. Superior Court has been characterized by some in the defense bar as portending a sea change in specific personal jurisdiction. But the case did not move the legal needle as far as the defense bar had hoped, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group LLP.

  • A Common Thread In California 'Organic' Textile Lawsuits

    Teresa Michaud

    Recent cases filed against manufacturers and retailers of “organic” textile products in California originate with a nonprofit group, and pose a risk to firms selling certain goods in California that are labeled as organic but that fall short of certain state standards, say Teresa Michaud and Anne Kelts of Baker McKenzie.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Welcome To Wilmington: What Patent Lawyers Need To Know

    Sherry Salmons

    While Wilmington, Delaware, is generally a pro-plaintiffs venue, there are also avenues by which corporate defendants can gain significant traction in this town, says Sherry Salmons of Salmons Communications Consulting.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.