• September 14, 2017

    Pain Clinic Can't Depose FDA In Meningitis Cases, Feds Say

    Federal prosecutors who are set to try a pharmacist for his alleged role in a deadly 2012 meningitis outbreak urged a federal judge in Massachusetts to reject efforts by a defendant in related civil litigation to lift a stay on the depositions of key witnesses, including the U.S. Food and Drug Administration.

  • September 14, 2017

    7th Circ. Judge Doubts CEO's Claim He Missed Fuel Scam

    At least one Seventh Circuit judge hearing arguments Thursday in a former petroleum company CEO’s appeal was skeptical of his claim he knew nothing about his company’s plot to collect illegal biofuel tax credits, saying there is a “rather large” amount of evidence to the contrary.

  • September 14, 2017

    Samsung Hit With Beefed-Up Ongoing Royalty In Patent Suit

    A Texas federal judge rebuked Samsung on Wednesday for continuing to infringe two patents after a 2016 trial, and also awarded a higher-than-verdict ongoing royalty, but refrained from granting winner Imperium’s $6.95 million fee request until more documentation is submitted to the court.

  • September 14, 2017

    AIG Challenges Evidence Exclusion Bid In $306M IRS Fight

    AIG on Wednesday slammed the U.S. government's bid to exclude from trial evidence of certain deals the financial giant had with foreign banks, telling a Manhattan federal court that the transactions are materially identical to the ones at issue, which underlie its $306 million fight with the IRS. 

  • September 14, 2017

    One Of Dewey 'Secret Seven' Cooperators Sentenced

    A Manhattan judge sentenced one of seven former Dewey & LeBoeuf LLP employees who pled guilty and cooperated in the prosecution of three of the firm's executives, giving former director of revenue support Dianne Cascino an agreed-upon sentence of community service on Thursday.

  • September 13, 2017

    Abbott Must Pay $38M Depakote Verdict, Mo. High Court Says

    The Supreme Court of Missouri on Tuesday upheld a jury’s award of $38 million to a girl born with spina bifida after her mom took Abbott’s epilepsy drug Depakote, ruling there was evidence Abbott knew the birth defect risk surpassed what it listed on the drug’s warning label.

  • September 13, 2017

    Feds Highlight Free Flights At Menendez Bribery Trial

    Sen. Bob Menendez, D-N.J., received a first-class commercial plane ticket, a chartered plane trip where he was the sole passenger and flights aboard private jets owned by a Florida ophthalmologist as part of what prosecutors allege was a bribery scheme between the two men, witnesses testified Wednesday at their trial.

  • September 13, 2017

    Ohio Court Affirms Med Mal Award In Patient Death Suit

    A multimillion-dollar jury award was affirmed on Wednesday in a suit accusing an emergency room doctor of negligently treating a woman’s brain swelling, which purportedly caused her death, with an Ohio appeals court finding the evidence and expert testimony supported the verdict.

  • September 13, 2017

    Ind. Court Won't Disturb Damages Ruling In Med Mal Case

    The parents of a man who died due to allegedly negligent emergency room treatment can’t get additional damages from Indiana’s Patient Compensation Fund, a state appeals court ruled Wednesday, saying evidence presented by the fund regarding the patient’s life expectancy was properly allowed.

  • September 13, 2017

    Pet Supplier’s Ex-GC Destroyed Evidence, Feds Tell Judge

    The former outside general counsel for Pet Food Express destroyed evidence after a federal judge asked prosecutors to investigate possible forgery by New York attorney Joel Zweig, an assistant U.S. attorney told a California federal judge overseeing Zweig’s criminal trial on Wednesday.

  • September 13, 2017

    Fed. Circ. Halves Intellectual Ventures' Motorola IP Wins

    The Federal Circuit on Wednesday partially upheld an Intellectual Ventures’ multi-trial victory against Motorola, affirming the validity of two of the nonpracticing entity’s patents, but finding there was insufficient evidence that the smartphone company directly infringed one of the patents.

  • September 13, 2017

    Small Talk Of Weather Looms Large At $2B Payday Loan Trial

    Call center workers at racer Scott Tucker's payday loan nerve center in Kansas were fed neighboring-state weather reports so they could make small talk without giving away that they were far from tribal lands, a witness testified Wednesday in the criminal fraud trial of Tucker and his lawyer Timothy Muir.

  • September 13, 2017

    11th Circ. Says No New Trial For Ponzi Schemer

    The Eleventh Circuit ruled Wednesday that a convicted Ponzi schemer was rightly denied a new trial after he was sentenced to five years in prison, with the panel agreeing he neither identified new evidence nor showed that the government had withheld it.

  • September 13, 2017

    Ex-SEC Atty Gets 9 Months For Stealing From Web Sales Co.

    A former lawyer for the U.S. Securities and Exchange Commission and real estate investor was sentenced Tuesday to nine months in jail after he was convicted in California federal court for fraud and tax charges for skimming $300,000 from an internet sales company.

  • September 13, 2017

    Martin Shkreli In Custody After Clinton Comments

    A Brooklyn federal judge revoked Martin Shkreli’s bail on Wednesday, saying the convicted securities fraudster’s social media post offering $5,000 for samples of Hillary Clinton’s hair and profane comments he directed at a journalist could be interpreted as threats.

  • September 13, 2017

    Painter Who Violated RCRA Loses Appeal At 9th Circ.

    An Idaho man convicted of storing hazardous waste on his property that cost the government almost $500,000 to clean up was unable to convince the Ninth Circuit on Wednesday to overturn his conviction on grounds of diminished mental capacity.

  • September 13, 2017

    Katten Muchin Picks Up Jenner & Block Trials, Fraud Expert

    Katten Muchin Rosenman LLP has picked up a Jenner & Block LLP trials expert and former DOJ fraud deputy with experience with numerous types of fraud cases, including Foreign Corrupt Practices Act and health fraud cases, as well as environmental crimes like the Deepwater Horizon blowout.

  • September 13, 2017

    Univ. Of Miss. Hospital Avoids Revival Of Patient-Release Suit

    A Mississippi state appellate court declined to revive a suit accusing the University of Mississippi Medical Center of releasing a patient too early, saying the lower court judge was right to find the expert witness for the patient’s estate “unreliable” and to hand a win to the center during a bench trial.

  • September 12, 2017

    $2B Payday-Loan Hustle Hid Behind Tribes, Gov't Says

    Federal prosecutors went to trial Tuesday in Manhattan federal court against a racecar driver and a lawyer who allegedly stole $2 billion from consumers in a loan-sharking operation that the two cloaked — for a time — behind Native American tribes’ legal sovereignty.

  • September 12, 2017

    Google Gets Royalty Rate Pick After $20M Patent Trial Loss

    A Texas federal judge on Tuesday picked Google’s suggested ongoing royalty for using patented malware-protection technology after a jury awarded the inventor $20 million, rejecting the inventor’s bid for a royalty several times higher than the rate implied by the jury verdict.

Expert Analysis

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • The Great Class Action Ascertainability Debate

    Amanda Lawrence

    In recent years, courts have divided sharply over whether or not Rule 23 of the Federal Rules of Civil Procedure creates an implicit requirement that a class must be ascertainable in order to be certified. Amanda Lawrence and Michael Rome of Buckley Sandler LLP discuss the circuit split over whether and to what extent ascertainability is required, and implications of the circuit split for class action litigants.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • The Spoofing Statute Is Here To Stay

    Clifford Histed

    With the Seventh Circuit’s recent affirmation of spoofing and fraud convictions against Michael Coscia in the first criminal prosecution under the spoofing statute, traders should keep in mind the different pieces of evidence that the government used to assemble the puzzle for the jury, say Clifford Histed and Gilbert Perales of K&L Gates LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks


    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.