• August 7, 2017

    First-Ever Spoofing Conviction Upheld By 7th Circ.

    The Seventh Circuit on Monday upheld the first-ever conviction for a market manipulation tactic known as "spoofing," ruling against a New Jersey futures trader and becoming the first federal appellate court to provide guidance on the crime.

  • August 7, 2017

    BNY Mellon Ducks $100M RMBS Case 'Full Of Holes'

    The first case against a residential mortgage-backed securities trustee to go to trial was spiked Friday by an Ohio judge, who said insurers' $100 million suit against BNY Mellon was “full of holes” and relied on a “grossly inappropriate” way of calculating damages.

  • August 7, 2017

    No Need For New Trial In Gas Royalty Row, Driller Says

    Southwestern Energy Corp. on Friday urged an Arkansas federal judge to let stand a jury verdict favoring the natural gas developer in a class action claiming it violated lease provisions in order to scam royalty owners, blasting the royalty owners' arguments that the trial was fatally flawed.

  • August 7, 2017

    Insurer Looks To Exit Hotel's Hail Damage Suit Pre-Trial

    Lexington Insurance Co. asked a Texas federal court Friday to rule in its favor ahead of trial in a breach of contract dispute with the Houston Crowne Plaza hotel over coverage for hailstorm damage, arguing the hotel failed to comply with policy conditions and never provided a cogent response to documentation requests.

  • August 4, 2017

    Talc Use Causes Ovarian Cancer, Calif. Jury Told

    A woman alleging Johnson & Johnson’s talcum powder products caused her terminal ovarian cancer on Friday called a Canadian epidemiology expert to bolster her case by telling a California jury that scientific studies show women who use talcum powder have increased rates of ovarian cancer.

  • August 4, 2017

    GM Beats Pre-Ch. 11 Ignition Claims From Drivers In 6 States

    The New York federal judge overseeing ignition switch litigation against General Motors LLC on Thursday axed claims brought by drivers in six states and Washington, D.C., who bought cars from “Old GM” before the company’s 2009 bankruptcy sale, but held off on deciding claims from nine other states.

  • August 4, 2017

    Insurer Can't Duck Day Care's $6M Sex Abuse Case

    RSUI Indemnity Co. can’t dodge coverage for its share of a $6 million judgment handed down against a day care facility where one child beat and sexually assaulted another, a Minnesota federal court has ruled, since the jury made no findings that could have triggered a relevant exclusion.

  • August 4, 2017

    Italian Convicted On 1 Count In 'Click-Fraud' Trial

    A Brooklyn federal jury on Friday convicted an Italian man prosecutors said created a global network of hijacked computers with obtaining unauthorized information, acquitting him of the more serious charges of cyber intrusion, wire fraud and conspiracy.

  • August 4, 2017

    Mich. Panel Affirms Verdict Of Med Mal Fault But No Damages

    A Michigan appeals court ruled Thursday to uphold a jury verdict that found a doctor negligent in performing an incorrect procedure to alleviate a woman's pain but declined to award damages, ruling that the jury had been given conflicting evidence, justifying a conflicting decision.

  • August 4, 2017

    Latest J&J Pelvic Mesh Injury Case Kicks Off In Philly

    The latest in a slew of cases over a Johnson & Johnson unit’s allegedly defective pelvic mesh products kicked off in Pennsylvania state court Friday as a jury heard arguments that a pair of the devices had mangled a woman’s urethra and left her incontinent.

  • August 4, 2017

    Privilege Still Shields Docs In Sandusky Case, Judge Says

    A Pennsylvania state judge said Friday that attorney-client privilege continued to shield certain documents and other materials being sought by a group of media entities in the criminal cases against three ex-Penn State University administrators caught up in the Jerry Sandusky sex abuse scandal.

  • August 4, 2017

    Furious Judge Rips Teamsters, Reporter In ‘Top Chef’ Case

    U.S. District Judge Douglas Woodlock, who is presiding over the trial of four Boston-area Teamsters accused of trying to strong-arm a “Top Chef” television crew into paying them for unneeded work, usually speaks so softly that spectators have to lurch forward on the courtroom benches to hear him.

  • August 4, 2017

    GWB Figure Must Address Jones Day Conflict, 3rd Circ. Says

    The Third Circuit on Friday ordered a former public official convicted in the George Washington Bridge lane-closing scandal to appear before a district court and address any potential or actual conflict of interest with Jones Day attorneys representing her as appellate counsel in light of the firm's representation of the Port Authority of New York and New Jersey in related matters.

  • August 4, 2017

    Ky. Panel Says Jury Instructions OK In Med Mal Defense Win

    A Kentucky appellate panel on Friday affirmed a jury’s decision to clear several health care providers of medical malpractice in a suit accusing them of failing to diagnose a woman’s blood clot condition, saying certain requested jury instructions were properly excluded by the trial judge.

  • August 4, 2017

    Claims Court Axes Air Force Researcher's Gender Bias Claim

    The Court of Federal Claims in a decision unsealed Thursday has rejected an Air Force computer scientist’s claim she was the victim of gender bias, finding disparities in compensation with her male co-workers at the Air Force Office of Scientific Research were performance-based.

  • August 4, 2017

    Feds Ask Busy Judge To Squeeze In 2018 Silver Retrial

    Manhattan federal prosecutors asked U.S. District Judge Valerie E. Caproni on Friday to make room in her busy 2018 trial calendar for a spring retrial of former Albany legislative boss Sheldon Silver on corruption charges tied to a real estate scheme.

  • August 4, 2017

    Shkreli Convicted On 3 Counts In Securities Fraud Trial

    A Brooklyn federal jury on Friday convicted controversial former pharmaceutical executive Martin Shkreli on charges of defrauding investors in his ailing hedge funds and conspiring to drain drugmaker Retrophin's assets to pay off his debts.

  • August 4, 2017

    DC Circ. Orders New Murder Trial For Blackwater Guard

    The D.C. Circuit on Friday ordered a new trial for a Blackwater guard convicted of murder over a 2007 shooting in Iraq, saying his original trial should have been carried out separately from his co-defendants, whose 30-year sentences for weapons charges related to manslaughter charges were also vacated as unconstitutionally excessive.

  • August 3, 2017

    Valve Cos. Owe Man For Deadly Asbestos Cancer, Jury Holds

    A South Carolina jury on Thursday held that a former power plant employees’s mesothelioma was caused by the negligence of two companies that made thousands of asbestos-containing valves, but awarded the man just $200,000, well short of the millions in damages he sought.

  • August 3, 2017

    Outdoor Gear Co. Gets Partial Atty Fees After IRS Fight

    An outdoor gear company's jury win in a tax refund suit entitles it to some but not all of the attorneys' fees it requested, an Idaho federal judge ruled on Thursday, saying that there was some reasonable cause for the IRS to bring the case and that the attorney’s requested rate was too high.

Expert Analysis

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Series

    My Strangest Day In Court: The Life Partners Bankruptcy

    Joseph Wielebinski

    The bankruptcy courtroom was filled with interested investors. They hung on every argument and every word of testimony. When Life Partners management argued that the allegedly fraudulent business model worked just fine, they cheered, recalls Joseph Wielebinski of Munsch Hardt Kopf & Harr PC.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Well-Crafted PII Capture Policies Are Vital For Retailers

    Andrew Joseph

    California plaintiffs continue to file putative class actions alleging that retailers’ requests for their ZIP codes violate their rights under state law. Retailers must remember that such requests should not appear to be a condition of making a credit card purchase, say attorneys with Drinker Biddle & Reath LLP.

  • Philando Castile And A Criminal Justice System On Trial

    Clark Neily

    Last month, a jury acquitted police officer Jeronimo Yanez of manslaughter for killing black motorist Philando Castile during a traffic stop. Castile was a victim of America’s mass-production approach to criminal justice, which features largely unaccountable and inadequately trained police enforcing frequently unjustifiable laws in a system riddled with disregard for fundamental fairness, says Clark Neily of the Cato Institute.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.