Trials

  • July 11, 2017

    Don't Send GWB Scandal Architect To Prison, Court Told

    The architect of the George Washington Bridge lane-closing scandal and prosecutors have called on a New Jersey federal court to sentence him on Wednesday to probation instead of prison for his role in the political revenge scheme, with the government crediting his cooperation for the convictions of two fellow conspirators.

  • July 11, 2017

    9th Circ. Won't Reconsider Toss Of $10M Birth Injury Verdict

    The Ninth Circuit declined Monday to rehear a case in which it dismissed a $10 million award given to a child who allegedly suffered birth defects due to bad advice from a military doctor, which it previously determined was barred because the child was born in Spain.

  • July 11, 2017

    8th Circ. Affirms Poultry Co.'s $2.8M Property Coverage Win

    The Eighth Circuit on Tuesday left intact a $2.8 million jury award to poultry and pet food company Simmons Foods Inc. in a dispute over insurance coverage for its costs to rebuild a canning plant, but axed the trial court's award of nearly $600,000 in interest.

  • July 11, 2017

    Momenta Tells Jury Amphastar Ripped Off Drug Patent

    Drugmaker Momenta Pharmaceuticals Inc. and its partner in developing the first generic of the blood thinner enoxaparin told a federal jury in Boston on Tuesday that rival Amphastar stole its breakthrough testing technology, costing the Massachusetts company nearly $1 billion.

  • July 10, 2017

    J&J's Talc Supplier Escapes Cancer Trial

    A California judge on Monday changed course from her prior tentative ruling and dismissed Imerys Talc from an impending trial over claims that a woman’s ovarian cancer was caused by Johnson & Johnson products made with Imerys-supplied talc, saying Imerys can’t be sued for supplying an “inherently safe” ingredient.

  • July 10, 2017

    Koch, Oxbow, Investors Square Off In Trial Over Sale

    A bitter fight over investor rights to exit billionaire William I. Koch’s Oxbow Carbon LLC spilled into a Delaware courtroom Monday, with Koch accused at times of mismanagement and dwelling on boardroom conspiracies and private equity investors accused of scheming to end Koch’s control.

  • July 10, 2017

    Mass. Judge Delays Ex-State Street Exec's Fraud Trial

    A former State Street Global Markets LLC executive accused of charging clients hidden commissions on securities trades will have more time to gather the evidence he says is necessary for his defense after a Massachusetts federal judge agreed to push back the start of his trial by eight months.

  • July 10, 2017

    French Telecom Co. Stole Facebook Calling App, Jury Told

    A now-defunct San Francisco-based startup told a California federal jury during the first day of trial Monday that Orange SA hacked its proprietary phone application to steal its technology allowing users to call friends through social media sites without their phone numbers, weeks before the French telecom giant launched a similar service with Facebook.

  • July 10, 2017

    UN Bribery Trial Defense Objects To Feds' 'Aggressive' Tack

    Defense counsel for a Chinese billionaire accused of bribing United Nations diplomats objected to a prosecutor's questions for a former ambassador on Monday as the star witness disclosed an affair with the defendant's ex-business partner.

  • July 10, 2017

    Fed. Circ. Knocks Gilstrap's Denial Of Genband Injunction

    The Federal Circuit on Monday faulted Eastern District of Texas Judge Rodney Gilstrap’s decision not to impose a permanent injunction on Metaswitch after it was found to infringe Genband’s telecommunications patents, saying he possibly used too strict a test to make his decision.

  • July 10, 2017

    Shkreli's Focus Reminds Investor Of The 'Rain Man'

    One of the investors describing his struggle to get his money out of the hedge fund Martin Shkreli shuttered to run his new company Retrophin Inc. told the federal jury at Shkreli’s Brooklyn fraud trial Monday that the ex-pharma executive’s intense focus reminded him of the title character in the movie “Rain Man.”

  • July 10, 2017

    Ex-FDA Chief Tells Jury AndroGel Ads Were Misleading

    The former commissioner of the U.S. Food and Drug Administration told an Illinois federal jury Monday that the ads AbbVie Inc. put out for its product AndroGel misleadingly promoted it for uses beyond what the regulator approved.

  • July 10, 2017

    Ex-Insys Staffer Denied Bid To Use Marijuana Pre-Trial

    A Connecticut magistrate judge said Friday a former Insys Therapeutics Inc. sales manager charged with participating in a scheme to steer kickbacks to doctors who prescribed a spray version of the opioid fentanyl can’t use prescription marijuana while awaiting a November trial.

  • July 10, 2017

    Vending Machine Co. Accuses Rival Of Trade Secrets Rip-Off

    A vending machine services startup told a federal judge at the first day of a bench trial in Massachusetts on Monday that a onetime partner violated its copyright, breached its contract and misappropriated its trade secrets in a joint venture gone wrong.

  • July 10, 2017

    New GM Bellwethers Turn To Fight Over Revised Ignition Part

    As GM starts a second phase of bellwether trials over its deadly ignition-switch defect, the company will have its first chance to address claims that even a revised version of the switch was defective, in a case that could put a dollar value on an area of liability virtually ignored in the first round.

  • July 10, 2017

    11th Circ. Backs Dismissal Of Bias Suit Against Cheese Co.

    An Eleventh Circuit panel on Friday backed a district court’s decision tossing a former PJ Cheese Inc. worker’s suit that alleged discrimination, in violation of several statutes, saying that the lower court didn’t err in holding a bench trial on the issue of whether he signed an arbitration agreement.

  • July 10, 2017

    GWB Figure's Political 'Dark Arts' Paved Way To Sentencing

    The mastermind behind the George Washington Bridge lane-closing scandal, scheduled to be sentenced Wednesday, will be known for bringing his "dark arts" brand of New Jersey politics to the national stage, damaging Gov. Chris Christie's reputation and altering the course of presidential politics, attorneys and political commentators said.

  • July 10, 2017

    Pol's Conviction Still Valid Under McDonnell, 2nd Circ. Says

    Former New York state lawmaker William F. Boyland Jr.’s 14-year prison sentence for fraud and bribery can’t be undone by the U.S. Supreme Court’s landmark McDonnell decision, the Second Circuit ruled on Monday, saying Boyland’s conduct was egregious enough to fall within even the newly heightened standards.

  • July 10, 2017

    Plaintiffs Bar Perspective: Provost Umphrey's Bryan Blevins

    A plaintiffs attorney must be a good storyteller. If you can’t effectively and persuasively tell your client’s story, even the best case can still be lost, says Bryan Blevins Jr. of Provost Umphrey Law Firm LLP.

  • July 7, 2017

    Shkreli Called 'Scam Artist' By Ex-Hedge Fund Analyst

    A former analyst for Martin Shkreli’s hedge funds and then-nascent drug company Retrophin called the controversial former pharmaceutical executive “a scam artist,” jurors heard Friday, while the companies’ former chief operating officer testified about secretly reporting them to the Securities and Exchange Commission.

Expert Analysis

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Series

    My Strangest Day In Court: When I Did Nothing And Won

    Mark Morris

    After looking at all of the factual nuances associated with proving a constructive trust, I hit upon a strategy that I had never used before — namely, do nothing, say nothing and hope the IRS fails in its proof, recalls Mark Morris of Snell & Wilmer LLP.

  • British Airways' Pensions Saga Is Flying Under The Radar

    Rosalind Connor

    While most of the world is talking about the IT problem that grounded British Airways planes, pension lawyers have been discussing British Airways v. Airway Pension Scheme Trustees, and the danger of leaving the power to direct scheme benefits in the hands of someone who does not have to pay for it, says Rosalind Connor of ARC Pensions Law.

  • When An Expert Drowns In A Whirlpool Of Inconsistencies

    Jack Nolan

    Last month, the Northern District of Illinois denied class certification to consumers who purchased allegedly defective Whirlpool ovens, and excluded the opinions of the plaintiffs’ expert. The ruling in Kljajic v. Whirlpool Corp. demonstrates the importance of having an expert witness who can be sensitive to a case's weaknesses without creating new ones, says Jack Nolan of Weil Gotshal & Manges LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Texas Affirms The Promise Of Off-Site Drilling

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    It has become more and more common to see oil and gas operators drill their leases from off-site locations. Last month's decision by the Texas Supreme Court in Lightning Oil Company v. Anadarko E&P Onshore should be seen as a welcome development for operators seeking access to the surface overlying a neighboring lessee’s leasehold estate, say attorneys with Bracewell LLP.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • When 'I Pick, You Pick, They Pick' Goes Wrong

    Angela Zambrano Headshot.jpg

    In the “I pick, you pick, they pick” arbitration system, each party selects its own arbitrator, and those two arbitrators select a third. But the Texas Supreme Court's recent decision in Forest Oil v. El Rucio Land and Cattle demonstrates how this method can heighten rather than minimize the chance of an arbitral mistake, say Angela Zambrano and Robert Velevis of Sidley Austin LLP.

  • SEC Disgorgement Limits Should Apply To FERC And CFTC

    Daniel Mullen

    The U.S. Supreme Court recently ruled that U.S. Securities and Exchange Commission enforcement actions requiring disgorgement of ill-gotten gains are subject to a five-year statute of limitations. The same principles appear to apply equally to disgorgement claims by the Federal Energy Regulatory Commission and the U.S. Commodity Futures Trading Commission, say Daniel Mullen and Charles Mills of Steptoe & Johnson LLP.