Trials

  • April 10, 2017

    Insurer Poached 1,400 Agents, Costing Co. $1.6M, Jury Hears

    Freedom Equity Group LLC poached more than 1,400 sales agents from its rival First Financial Security Inc., inducing them to break noncompete agreements and costing the life insurance company more than $1.6 million in damages, a First Financial attorney told a California federal jury at the trial's start on Monday.

  • April 10, 2017

    Madoff Trustee Looks To Narrow Testimony At Merkin Trial

    Looking to blunt the defenses of disgraced financier J. Ezra Merkin at an upcoming trial to claw back Bernie Madoff Ponzi scheme proceeds, the trustee for the fraudulent investment firm asked a New York bankruptcy court on Friday to bar various talking points that amount to “hearsay” testimony.

  • April 10, 2017

    Oculus, Execs Look To Undo $500M VR Copyright Verdict

    Facebook Inc. subsidiary Oculus VR LLC in court filings Friday sought to upend findings that it infringed the copyrights of video game developer ZeniMax Media LLC with its virtual reality technology, after a jury in February found Oculus and its executives must pay $500 million in damages.

  • April 10, 2017

    Google Asks For New Trial In Malware IP Dispute

    Google asked a Texas federal judge on Friday to undo a $20 million patent infringement trial loss and grant a retrial, saying the jury was tasked with deciding legal questions that should never have been its province.

  • April 10, 2017

    British Airways Says Trial Date Premature In Surcharge Suit

    British Airways PLC has asked a New York federal judge to reject a request to set a trial date from a certified class of passengers claiming the airline hit them with inflated fuel surcharges, saying a trial is premature since the company is planning to appeal the certification order.

  • April 10, 2017

    Inside Trader Says SEC Wants Too-Harsh $2.2M Judgment

    An insurance broker who profited from a tip about a Sanofi-Aventis SA acquisition asked a Georgia federal court Friday to reject a request by the U.S. Securities and Exchange Commission that he pay $2.2 million for his wrongdoing, saying he would never be able to pay off such a massive sum.

  • April 10, 2017

    Atty Slams Rival's Perjury Claim In Frivolous Suit Row

    A Philadelphia-based attorney fired back on Friday at suggestions that he lied on the stand during expert testimony he provided in a trial that left a rival saddled with a nearly $2 million jury verdict for pursuing a frivolous lawsuit on behalf of a client.

  • April 10, 2017

    Gynecologist Says $625K Verdict Excessive In Infertility Row

    A Pennsylvania federal jury’s $625,000 medical malpractice award to a New Jersey woman was excessive, counsel for a gynecologist has claimed, arguing there was insufficient evidence that the purportedly unnecessary surgery to remove a non-cancerous mass had caused the woman’s claimed infertility.

  • April 10, 2017

    Boies Schiller Expands In Calif. With Caldwell Leslie Aquisition

    Boies Schiller Flexner LLP is poised to enhance its litigation clout with the addition of 26-lawyer California boutique Caldwell Leslie PC, which counts among its clients major media companies, movie studios and the Motion Picture Association of America, Boies Schiller announced Monday.

  • April 7, 2017

    Jury Hits Kimberly-Clark, Halyard With $454M Fraud Verdict

    A California federal jury found late Friday that Kimberly-Clark Corp. and its spinoff Halyard Health Inc. misled buyers about the impermeability of the companies’ MicroCool surgical gowns, awarding a class of buyers a whopping $454 million in compensatory and punitive damages in the fraud trial.

  • April 7, 2017

    Wal-Mart Wants $54M Trucker Wage Verdict Nixed

    Wal-Mart sought to overturn a $54 million verdict against the retail giant for violating state wage laws by failing to pay a class of truckers for work-related on-duty tasks, arguing at a California federal court hearing Friday that rest break damage calculations were flawed and new case law cuts against the decision.

  • April 7, 2017

    Jury Properly Instructed In Bad Birth Verdict: Ohio Court

    An Ohio appeals court has affirmed a jury verdict clearing an obstetrician of medical malpractice in connection with a newborn’s shoulder nerve injury, saying the trial judge was right to tell the jury that using an alternative delivery method does not establish a breach of the standard of care.

  • April 7, 2017

    Colo. Jury Awards Couple $15M In Bad Injection Suit

    Touted as the second-largest medical negligence verdict in state history, a Colorado jury has awarded a couple $14.9 million in a malpractice suit accusing an outpatient surgery center of negligently administering a steroid which caused a woman’s paralysis, the patient’s attorneys said Thursday.

  • April 7, 2017

    Billionaire's Ex-Helper Cops To Tax Count In UN Bribe Case

    A California man accused of assisting real estate billionaire Ng Lap Seng in a scheme to bribe United Nations officials pled guilty Friday to a tax-evasion conspiracy charge, leaving the wealthy Chinese developer as the last defendant in the high-profile prosecution.

  • April 7, 2017

    Bellwether Trial Dates Set In Meningitis MDL

    The Massachusetts federal judge overseeing multidistrict litigation over a  deadly 2012 meningitis outbreak linked to a compounding pharmacy on Friday set trial dates for the first two bellwether cases.

  • April 7, 2017

    Sutter Obstetrician Cleared By Jury In Brain-Damage Suit

    A California jury has found an obstetrician not liable for brain damage suffered by an infant prior to and during birth at Sutter Davis Hospital, close to a month after the hospital settled claims against it for $875,000.

  • April 7, 2017

    Feds Say $22M Restitution Enough For Convicted Ex-Banker

    Federal prosecutors said Wednesday that they would forego seeking any forfeiture against the former head of a mortgage lending bank convicted for his role in a fraud scheme, because the banker has already been hit with a $22 million restitution order.

  • April 7, 2017

    Gov’t Fights Over Facts In Ex-MLB Insider Trading Trial

    Prosecutors told a California federal judge Thursday that former Major League Baseball player Doug DeCinces and his associates can’t be acquitted because there’s more than enough evidence to tie them to trading on nonpublic tips about a medical device company, but the ex-CEO in the case said the feds were twisting facts.

  • April 7, 2017

    Jury Convicts Gambler Billy Walters Of Insider Trading

    Read 'em and weep, a New York federal jury told professional gambler Billy Walters on Friday after the six-woman, six-man panel convicted him of securities fraud, wire fraud and related conspiracies.

  • April 6, 2017

    Atty Showed Bad Faith In Med Mal Deal Nix Try, Court Says

    An Ohio appeals court on Thursday said a Florida attorney who sought to invalidate a medical malpractice settlement between a patient and a hospital amid a fee dispute with the patient’s other attorney did so in bad faith, affirming sanctions of approximately $21,000.

Expert Analysis

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Will Pena-Rodriguez V. Colorado Apply To Civil Cases?

    M. Christian King

    The U.S. Supreme Court ruled last week in Pena-Rodriguez v. Colorado that no-impeachment rules must yield to the Sixth Amendment's right to an impartial jury in a criminal investigation. Though Pena-Rodriguez has much to recommend to the civil side of the jury system, the analysis in the opinion may not be easily extended, say M. Christian King and Wesley Gilchrist of Lightfoot Franklin & White LLC.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • MF Global-PwC Fight Could Set Troublesome Precedent

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    The glaring misperception created by the mere filing of MF Global’s case against PricewaterhouseCoopers is that the audit firm had or should have some responsibility for MF Global's collapse. In addition, certain hallmarks of a framework for a potential claim against accounting firms are absent here, says Jacob Frenkel of Dickinson Wright PLLC.

  • Gorsuch's Views On 'Legal Tourism' Could Shift High Court

    Jan Dodd

    The confirmation hearing for U.S. Supreme Court nominee Neil Gorsuch is scheduled for March 20. A month later, the high court will hear arguments in Bristol-Myers Squibb Company v. Superior Court of San Francisco County. Gorsuch’s Tenth Circuit record offers surprising insights into how he might rule on this and related matters, say Jan Dodd and Lesley Holmes of Norton Rose Fulbright US LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • Circuit Splits: A Hidden Trap In 'Federal Question' MDLs

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    A recent ruling in the Camp Lejeune North Carolina Water Contamination Litigation shows how multidistrict litigation venue selection can have major consequences when jurisdiction is based on a federal question. Lawyers must note that a transferee court will apply its own circuit’s law, even in defiance of local interpretation of local law in a transferor venue, say Eric Klein and Graham Zorn of Beveridge & Diamond PC.

  • Weekly Column

    Talking 'Bull': Episode 16, Free Fall

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • State And Local Tax Scoreboard: 2016 Year In Review

    In this videocast, Charles Capouet and DeAndre Morrow of Eversheds Sutherland tally significant state and local tax litigation wins and losses, and share observations on 2016 cases, including results for income tax apportionment and sales tax manufacturing exemption controversies. They also recap Avnet v. Washington Department of Revenue.