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Trials

  • December 3, 2018

    Calif. Jury Clears Alere In Bio Test Cup Patent Suit

    A California federal jury on Friday cleared Alere Inc. of allegations that its popular drug-screening test product, the iCup A.D., infringed Rembrandt Diagnostics LP’s patent, which describes using strips to quickly test for drugs in urine.

  • December 3, 2018

    Attys Score $20M From $61M Dish TCPA Verdict

    Attorneys representing 18,000 consumers in a Telephone Consumer Protection Act suit against Dish Network LLC will walk away with $20.4 million in fees, a third of the hard fought $61 million verdict they secured for the class, a North Carolina federal judge ruled Monday.

  • December 3, 2018

    CFTC Told It Can't Prove Rigging Without Artificial Prices

    In a ruling two years after the end of a bench trial over the U.S. Commodity Futures Trading Commission’s suit accusing DRW Investments of manipulating futures contracts, U.S. District Judge Richard Sullivan said the regulator had nothing to support the fraud allegations.

  • December 3, 2018

    NCAA Says Athletes' Antitrust Closings 'Smuggle In' Evidence

    The National Collegiate Athletic Association has slammed the closing arguments of student-athletes in a fight over compensation, telling a California federal judge the players relied on expert witnesses to “smuggle in” evidence that’s not admissible.

  • December 3, 2018

    No Injunction For Door Maker After $1.2M Royalties Win

    North Carolina-based door manufacturer Jeld-Wen Inc. can’t force a rival to stop using its stolen trade secrets after a jury already handed Jeld-Wen $1.2 million for the misappropriation, a Virginia federal judge ruled.

  • December 3, 2018

    NY Jury Awards $28M Over Rape Of Special-Needs Student

    A New York jury has awarded a family a state record $28 million in a suit accusing a school district of failing to properly supervise a special education student with disabilities who was raped by a fellow student and later severely beaten by other students.

  • December 3, 2018

    Ramen Noodle Buyers Seek Sanctions In Price-Fixing Trial

    Classes of direct and indirect ramen noodle buyers urged a California federal judge to sanction a Korean food maker for allegedly waiting to hand over a “key” 2004 pricing memo until the eve of a jury trial over alleged price-fixing of ramen noodles, arguing that the company has known of the document's existence since 2016.

  • December 3, 2018

    Bike Rally Co. Wants $207K Attys' Fees In TM Dispute

    Lawyers in a trademark-rights suit revolving around the famous South Dakota motorcycle meetup Sturgis want the Eighth Circuit to award them $207,000 in legal fees for claims on which they prevailed.

  • December 3, 2018

    Pittsburgh Foul-Ball Injury Lawsuit Goes To Jury

    Backstop netting installer Promats Athletics LLC never told the Pittsburgh Pirates how much its net would deflect when struck by a foul ball and was therefore negligent in the injury of a fan behind home plate in 2015, the fan's attorney told jurors in Pennsylvania state court Monday.

  • December 3, 2018

    J&J Led By Profits To Push Allegedly Faulty Mesh, Jury Told

    The latest in a string of trials over injuries linked to a Johnson & Johnson unit’s allegedly defective pelvic mesh products kicked off in Philadelphia as jurors heard arguments Monday that the company’s thirst for profits pushed it to sell the implants despite serious concerns about patient safety.

  • December 3, 2018

    Data-Driven Lawyer: DLA Piper's Eric Falkenberry

    DLA Piper’s Eric Falkenberry quantifies litigation risk for buyers and sellers in the M&A arena, runs data boot camps for colleagues and helps dream up innovative new analytics tools, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 3, 2018

    Producer In IP Suit With Drake Strikes Deal To Duck Trial

    A music production outfit accused by Drake of unlawfully trading on his likeness agreed Sunday to pay an undisclosed sum and to scrub its website of images of the rapper in a settlement that came just ahead of a scheduled jury trial.

  • November 30, 2018

    The Data-Driven Lawyers Of 2018

    Big Data. Statistical Analysis. Insights. Innovation. These data-driven lawyers are making their mark on the legal industry and developing systems and practices that will change the way law is practiced in the 21st century.

  • November 30, 2018

    ASML Secures $223M Jury Verdict In Trade Secrets Row

    A jury in a California court has awarded ASML at least $223 million in a case in which the U.S. arm of the Dutch semiconductor maker alleged that rival XTAL induced employees to breach their contracts with ASML and reveal various trade secrets.

  • November 30, 2018

    Walmart 'Flaunting' Disdain For Calif. Labor Law, Judge Told

    An attorney representing tens of thousands of current and former Walmart workers in a certified class action over missed meal break payments and incomplete pay stubs kicked off a California federal bench trial Friday by saying the big-box retailer is “flaunting its disregard” for labor laws, warranting hundreds of millions of dollars in penalties.

  • November 30, 2018

    Ohio Jury Awards $19M To Shipwreck Gold Salvage Investors

    An Ohio jury has awarded more than $19 million to investors who said they were cheated out of their returns on a bold venture that recovered a reported $100 million worth of gold from an 1857 shipwreck off the coast of the Carolinas.

  • November 30, 2018

    Fla. Court Tosses $6M Verdict In Scooter Crash Injury Row

    A Florida appeals court on Friday nixed a jury’s $6 million verdict for a man who was rear-ended while riding a scooter on a causeway, ruling the jury should have been instructed that vehicles that can’t keep up with the flow of traffic are not permitted on the causeway.

  • November 30, 2018

    Medtronic Owes Ind. Surgeon $112M In Royalties, Jury Finds

    An Indiana jury has found Medtronic PLC owes an Indianapolis spine surgeon $112 million for failing to pay him royalties on his spinal implant patents that he had assigned to the medical device company more than a decade ago, according to Medtronic's public filings.

  • November 30, 2018

    Carlton Fields Adds Cybersecurity-Focused Shareholder In NY

    Carlton Fields has added a former federal prosecutor and Schulte Roth & Zabel LLP special counsel as a shareholder at its New York office, where he will continue to handle cybersecurity matters and white collar cases, the firm has announced.

  • November 30, 2018

    $28M Jury Award Nixed In Death Of Duke Energy Worker

    An Ohio appeals court on Friday vacated a $28 million jury award in a suit accusing an inspection company of being responsible for a Duke Energy worker’s death after a rotted utility pole collapsed, saying the trial judge improperly barred the company’s argument that Duke was to blame.

Expert Analysis

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Inventor's Case Highlights Appeal Option For Rejected Patent

    Pauline Pelletier

    ​When a rejected patent​ application ​is appealed to the Patent Trial and Appeal Board​ unsuccessfully, ​the standard next step is Federal Circuit appeal. ​But an alternative route is to sue the U.S. Patent and Trademark Office in district court. The recent decision in Gilbert Hyatt v. Iancu offers insight into this Section 145 process, say attorneys with Sterne Kessler Goldstein & Fox PLLC.​

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Tax Evasion Knows No Borders

    Kim Marie Boylan

    The former CEO of a U.K. bank recently pled guilty to charges under the Foreign Account Tax Compliance Act, following a U.S. Department of Justice sting operation spanning several countries. The conviction sends a clear message that U.S. authorities will prosecute not only U.S. account holders, but those who facilitate tax evasion, whatever their nationality, say attorneys at White & Case LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • What Akorn Teaches Us About Delaware MAC Clauses

    David Leinwand

    Until Vice Chancellor J. Travis Laster’s decision this month in Akorn v. Fresenius, no Delaware court had released a buyer from its obligation to close a transaction as a result of a material adverse effect or change. But we expect the conventional wisdom to continue to hold true — that it is extremely difficult for an acquirer to establish the occurrence of a MAC, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.