Trials

  • May 8, 2018

    Ala. Judge Sends Broadway ‘Mockingbird’ Dispute To NY

    An Alabama federal judge ruled Monday that he would not exercise his authority to hear a case brought by the estate of novelist Harper Lee against the producer of a Broadway version of her classic, “To Kill a Mockingbird,” putting the dispute on course for trial next month.

  • May 8, 2018

    Jury Convicts Mass. Man Of $7M Fraud Scheme

    An ex-Boston suburbanite accused of swindling $7 million from investors and using it to fund his mansion and lavish lifestyle was convicted by a Massachusetts federal jury Tuesday of 18 counts of wire fraud, mail fraud and illegal monetary transactions in the decadelong scheme.

  • May 8, 2018

    4th Circ. Backs Shippers' $2.7M Ocean Dumping Sentence

    A Fourth Circuit panel on Monday affirmed two shipping companies' conviction and $2.7 million in collective penalties over allegations that company employees illegally dumped oily waste into the ocean, deciding there was plentiful evidence to support the verdict and sentence.

  • May 8, 2018

    Smith Pachter Gains Former Kirkland White Collar Atty In DC

    Smith Pachter McWhorter PLC has hired from Kirkland & Ellis LLP a former federal prosecutor in the nation’s capital who as a litigator helped represent BP in its criminal settlement over the Deepwater Horizon oil spill.

  • May 8, 2018

    Perkins Coie Adds Veteran Litigator To Dallas Office

    A name partner from the former Gruber Hail Johansen Shank LLP has joined Perkins Coie LLP’s Dallas office in the firm’s commercial litigation practice, where he’ll continue to represent financial services, health care, energy and real estate clients.

  • May 8, 2018

    Ex-Acting AG Sally Yates, Fired For Defying Trump, Joins K&S

    Sally Yates, the one-time second highest ranking official in the U.S. Department of Justice who defied President Donald Trump’s first iteration of an immigration ban during her brief stint as acting attorney general last year, is joining King & Spalding LLP’s government investigations team, the firm announced Tuesday.

  • May 7, 2018

    Developers Angered By Ex-NY Pol's Atty Fee Cut, Jury Hears

    Major league New York City real estate developers were incensed upon learning that former New York State Assembly Speaker Sheldon Silver was secretly taking a cut of legal fees they paid for tax work, jurors heard Monday, with one property baron deeming the practice “unseemly.”

  • May 7, 2018

    'Evidentiary Incontinence' Bothers Judge In FCA-Firing Retrial

    A federal judge fumed on the first day of a False Claims Act-retaliation bench trial Monday when two attorneys displayed “evidentiary incontinence” and asked “pointless” questions while he considered whether their client was wrongfully fired for raising red flags about overbilling at Massachusetts nursing homes.

  • May 7, 2018

    8th Circ. Won't Disturb Rulings In Bakken Drilling Row

    The Eighth Circuit said Monday there was nothing flawed about a North Dakota federal judge's ruling in favor of a drilling property owner over a soured Bakken Shale partnership with a petroleum company, including his refusal to second-guess a jury verdict on one of the company's claims.

  • May 7, 2018

    Calif. Panel Reverses Contractor's $4.2M Personal Injury Loss

    A California appeals court Friday reversed a trial jury's judgment that found DeSilva Gates Construction LP completely at fault for a subcontractor employee's personal injury damages of $4.2 million, finding that multiple references to an indemnity agreement had prejudiced the jury.

  • May 7, 2018

    Fed. Circ. Affirms Damages In X-Ray Patent Row

    The Federal Circuit on Friday affirmed a North Carolina federal jury's $852,000 award to a Spanish X-ray manufacturer after a rival infringed its patent, shooting down both the company's request for enhanced damages based on willful infringement and the competitor's request to vacate the damages entirely.

  • May 7, 2018

    Fate Of Defendant In $7M Fraud Case In Mass. Jury's Hands

    A Massachusetts federal jury will begin mulling the fate of a man who prosecutors say swindled a dozen people out of nearly $7 million by masquerading as a thriving businessman and soliciting investments to fund his own lavish lifestyle, while his attorney said his client always acted in good faith.

  • May 7, 2018

    NC Swine Stench Sufferers' $50M Punitive Damages Slashed

    A North Carolina federal judge Monday overturned a jury’s decision to award $5 million in punitive damages to each of the 10 neighbors who sued a hog farm owner for its failure to properly dispose of the animals’ urine and feces, saying that state law caps the amount of punitive damages at $250,000 apiece.

  • May 7, 2018

    Boehringer Scores 2nd Bellwether Win In Conn. Pradaxa Suit

    A Connecticut state jury on Monday sided with Boehringer Ingelheim Pharmaceuticals Inc. in a second bellwether trial as part of a consolidated state proceeding over the alleged bleeding risk of its blood thinner Pradaxa, rejecting a woman’s claims that taking the drug landed her in the hospital.

  • May 4, 2018

    Titan of the Plaintiffs Bar: Baum Hedlund's R. Brent Wisner

    Baum Hedlund Aristei & Goldman PC's R. Brent Wisner helped score the first jury verdict holding a brand-name drugmaker liable for injuries caused by a generic version in a high-profile case involving an attorney's suicide while on generic Paxil, landing him among Law360's 2018 Titans of the Plaintiffs Bar.

  • May 4, 2018

    Law360 Reveals Titans Of The Plaintiffs Bar

    They’ve gone up against big-name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well-known cases of the past year.

  • May 4, 2018

    AT&T, Time Warner To Judge: No ‘Remedies’ Needed

    AT&T and Time Warner urged U.S. District Judge Richard Leon in a court filing Thursday not to impose any conditions on their planned deal, lambasting the government’s case and assuring the judge the commitments the companies made would still apply if the merger is allowed to proceed.

  • May 4, 2018

    Potential Juror's Bias Over Firm Ads Prompts Med Mal Retrial

    Counsel for a woman suing a doctor for medical malpractice was forced to use a challenge to excuse a prospective juror who said personal injury firm Morgan & Morgan PA’s “ubiquitous” advertising might make her biased, which a Kentucky appeals court said Friday was unfair and warranted a new trial.

  • May 4, 2018

    Pharma Execs Cast Doubt On Valeant's Compliance Culture

    Two men charged with defrauding Valeant Pharmaceuticals International Inc. out of $9.7 million when it moved to buy Philidor Rx Services LLC sought on Friday to rebut claims they hid anything from Valeant at trial, pressing Valeant’s chief compliance officer about her duties and the links between the two companies.

  • May 4, 2018

    'Hidden' Trial Expert Payment Stumble An Ethics Oddity

    Trial luminary Mark Lanier calls himself an “expert storyteller,” but legal ethics specialists say he veered off-script and into a rare kind of conduct trouble zone when he didn’t disclose his financial dealings with experts in a bellwether trial against Johnson & Johnson.

Expert Analysis

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Percoco Highlights Pre-Verdict Remedies For False Testimony

    Avi Weitzman

    The high-profile public corruption prosecution of Joseph Percoco and three co-defendants is a recent example of the government’s reliance on a cooperating witness who was shown to have provided false testimony. The appellate remedies for such perjury are unsatisfying, says Avi Weitzman, a partner at Gibson Dunn & Crutcher LLP and former federal prosecutor.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • And Now A Word From The Panel: An Inconvenient MDL

    Alan Rothman

    By their nature, multidistrict pretrial proceedings will not be in the home district of all parties. The MDL transfer process necessarily centralizes actions from around the country into a single forum. The linchpin for the panel is balancing competing factors and determining whether transfer best serves the convenience of parties and witnesses, says Alan Rothman of Arnold & Porter.

  • Climate Change Litigation Is Coming — Is Your Co. Ready?

    Jack Luellen

    In the years to come, many companies in the energy sector likely will find themselves named as defendants in climate change lawsuits, and a number of those companies simply will not survive the litigation. Companies that prepare in advance for such actions are more likely to weather the attacks on their business, says Jack Luellen of Dickie McCamey & Chilcote PC.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Overcoming Bad Evidence: Lessons From Waymo V. Uber Trial

    Arturo González

    One piece of “bad” evidence can sink a client at trial. This article addresses some of the bad evidence that we — Uber’s counsel — encountered in the Waymo v. Uber trade secrets battle and explains how that evidence was neutralized in front of the court and at trial, say Arturo González and Esther Kim Chang of Morrison & Foerster LLP.

  • 2 Things Missing From Debates On US-China Fights

    Scott Kieff

    Hardly a moment passes without another shot fired in the many high-profile fights between the U.S. and China over trade, intellectual property and antitrust. In this area, there is a problem and solution too often overlooked by commentators and business leaders, says Scott Kieff, a principal at McKool Smith PC and former commissioner at the U.S. International Trade Commission.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.