• October 6, 2017

    Costco Berry Blend Gave Woman Deadly Hepatitis, Jury Told

    Costco Wholesale Corp. and the makers of an organic berry blend must pay millions of dollars for the hepatitis A-caused death of an 89-year-old woman because they failed to warn the public when they discovered contaminated ingredients, counsel for the woman's children told a California jury during Friday opening statements.

  • October 6, 2017

    Judge Unlikely To Dismiss Ex-Katten Atty Conspiracy Count

    A New York federal judge on Friday said she was not inclined to dismiss a conspiracy count against a former Katten Muchin Rosenman LLP attorney despite the fact Martin Shkreli, the leader of the alleged conspiracy, was acquitted on that charge.

  • October 6, 2017

    Juror Bias Claim Can’t Flip Hospital’s Med Mal Trial Win

    A Pennsylvania appellate panel on Friday affirmed a jury’s decision to clear a hospital of negligently administering to an emergency room patient a drug that purportedly caused tissue and nerve damage, saying a juror’s alleged financial ties to the hospital didn’t warrant overturning the verdict.

  • October 6, 2017

    Convicted Ex-SAC Manager Asks Full 2nd Circ. For Rehearing

    Former SAC Capital insider trader Mathew Martoma urged the full Second Circuit on Friday to rehear his appeal after a split appeals court panel upheld his conviction for insider trading, arguing that the panel overruled its own precedent and replaced it with a test that dramatically departs from Supreme Court rulings.

  • October 6, 2017

    Feds Lose Bid To Exclude AIG's Evidence In $306M Tax Fight

    A New York federal judge on Friday denied the government’s motion requesting the exclusion of evidence that insurance giant American International Group sought to introduce in an almost decadelong $306 million tax fight.

  • October 6, 2017

    Wilmington Trust Judge Rejects Bank Doc Tiff Trial Delay

    A federal judge in Delaware on Friday rejected Wilmington Trust Corp’s call to postpone Tuesday’s scheduled start of the bank’s criminal securities fraud trial due to undelivered Federal Reserve Board documents, saying the court and parties can work around delayed receipt.

  • October 6, 2017

    Benefits Portal Biz Wants Derivative Suit Cut Short

    A Massachusetts lawyer and his father-client are using a federal suit, recently filed amid a protracted battle for control of an internet employee-benefits company, as “leverage” against a $1.5 million verdict springing from the same dispute, the company's executives said Thursday.

  • October 6, 2017

    Atty Indicates Willingness To Settle Suit Against Cuneo Gilbert

    Attorney Preetpal Grewal indicated a willingness Friday to settle her Manhattan federal court suit against her former employer Cuneo Gilbert & LaDuca LLP, which began as a sweeping national-origin bias complaint but has been pared down to a spat over her employment agreement.

  • October 6, 2017

    Pharma Employee Admits To Health Care Benefits Fraud

    A pharmaceutical sales representative pled guilty Friday in New Jersey federal court to cheating the state health benefits program out of more than $700,000 through a scheme to submit claims for medically unnecessary prescriptions, making him the 10th person of the alleged conspiracy to plead out this year.

  • October 6, 2017

    Pharmacist In Meningitis Trial Ignored Drug Recipe, Jury Told

    A former Massachusetts pharmacist failed to follow a recipe for sterile drugs he made in 2012 that infected hundreds of people with fungal meningitis, and then gave conflicting and unfounded answers about his procedures, a federal investigator said Friday at the pharmacist’s second-degree murder trial.

  • October 6, 2017

    'Blurred Lines' Stars Battle Marvin Gaye Heirs At 9th Circ.

    A closely watched copyright case over whether Pharrell Williams and Robin Thicke's 2013 chart-topper “Blurred Lines” infringed Marvin Gaye’s iconic “Got To Give It Up” was argued Friday before the Ninth Circuit, where attorneys for the two sides clashed over what exactly a trial jury was allowed to hear.

  • October 6, 2017

    IBM Can't Exit FCA Suit Over Emergency Response Program

    An Illinois federal judge ruled Friday that IBM Corp. can’t escape a whistleblower suit over $50 million in allegedly false claims for federal grant funds meant for an emergency response project, saying there is enough evidence for a jury to ponder the majority of the suit’s charges.

  • October 6, 2017

    Farmers Fight Syngenta Bid To Speed $218M Verdict Appeal

    A class of farmers asked a Kansas federal judge Thursday not to sign off on a $218 million jury verdict they won against Syngenta AG in a multidistrict litigation over genetically modified corn, saying that the global agribusiness giant had failed to show why it should be able to hurry forward its appeal of the award.

  • October 6, 2017

    1st Circ. Upholds Calif. Atty's Pump-And-Dump Conviction

    The First Circuit on Friday upheld a California lawyer’s conviction over a $3 million stock pump-and-dump, upholding the denial of his acquittal motion and saying that even if under his “novel theory” co-conspirators could sell unregistered stock, he still told “admitted lies” that enabled fraud.

  • October 6, 2017

    Enviros Want $6M In Fees From Exxon In $20M Pollution Row

    Environmental groups told a Texas federal judge Thursday that Exxon Mobil Corp. should pay about $6 million in attorneys’ fees and costs stemming from the thousands of hours of work and years of intense, hard-fought litigation that resulted in a nearly $20 million civil penalty against the oil giant.

  • October 6, 2017

    Accused NSA Leaker Reality Winner Denied Bail Again

    A Georgia federal judge Thursday shot down a request from a former government contractor accused of leaking national defense information to an online media outlet for release on bail pending her trial for violations of the Espionage Act, saying she poses a danger to national security and a significant flight risk.

  • October 6, 2017

    F-Squared Founder Violated Securities Law, Jury Finds

    A federal jury in Massachusetts on Friday found the former CEO of defunct stock-picking company F-Squared liable in a civil case for his role in misrepresenting the history of his flagship investment product.

  • October 5, 2017

    TransUnion Bid To Undo $60M FCRA Verdict An Uphill Battle

    A California judge expressed skepticism Friday about TransUnion’s bid for a new trial or reduced damages following its $60 million loss in a Fair Credit Reporting Act class action, saying that “to this day, TransUnion doesn’t really understand” the harm caused by credit reports that confused consumers with names on a terrorist watch list.

  • October 5, 2017

    Expert Tells Of HSBC Trading Frenzy Around $3.5B Forex Deal

    A foreign currency exchange expert on Thursday told a Brooklyn federal jury of how HSBC traders on both sides of the Atlantic swarmed to trade ahead of a $3.5 billion currency trade the bank executed for Cairn Energy PLC, making millions of dollars for the bank to the detriment of the oil and gas developer.

  • October 5, 2017

    Texas Energy Cos. Can't Block Rival's Atty Fee Win

    A Texas appeals court on Thursday affirmed a $280,000 attorneys’ fee award to Crawford Hughes Operating Co., rejecting arguments from a group of energy companies that formerly worked with Crawford that a trial court wrongly granted a new trial on the fee issue.

Expert Analysis

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    Stop Gerrymandering Before It Stops Democracy

    Paul Smith

    If partisan gerrymandering continues unchecked, its effects could spread to our entire political system. Since its beneficiaries have an interest in amplifying it, the only permanent way to mitigate this danger is to clamp down on the practice itself. The U.S. Supreme Court now has an opportunity to do precisely that, says Paul Smith of the Campaign Legal Center.

  • Challenging The FDA On 'Natural' Cigarettes

    Bryan Haynes

    A recently filed lawsuit charges that a settlement agreement between the U.S. Food and Drug Administration and a cigarette company allowing the use of the word “natural” in product packaging and labeling violates the Administrative Procedure Act. But the plaintiff’s lack of standing could obviate decision of the motion’s second ground, say Bryan Haynes and Robert Claiborne of Troutman Sanders LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • State And Local Tax Scoreboard: 2017 Midyear Review


    In this midyear state and local tax review, Charles Capouet and Hanish Patel of Eversheds Sutherland LLP discuss 2017 SALT litigation to date, including corporate income tax and sales and use tax case results, the most significant cases of Q2 2017, and the Maine Supreme Judicial Court’s holding in State Tax Assessor v. MCI Communications Services Inc.

  • Liability Doesn't Have To Mean Punitive Damages Too


    Last month a Florida jury returned a verdict against R.J. Reynolds Tobacco Co., but declined to impose punitive damages. This result underscores the importance and value of a focused punitive damages defense — especially in mass tort contexts where compensatory liability may be difficult to fully avoid, says Mitchell Morris of McGuireWoods LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Series

    What I Learned In My 1st Year: Lessons From Willy Wonka

    Thomas Ciarlone Jr.

    As a new associate faced with vexing facts and unfavorable case law, I confidently told a senior partner that there was no way to win. The partner's response taught me something vital about the legal profession, and reflected the wisdom of Willy Wonka's "105 percent" formula, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC.