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  • August 3, 2018

    El Pollo Loco Can’t Escape $8.8M Award In Franchise Suit

    A California superior court judge has confirmed a jury award of $8.8 million to a husband-and-wife El Pollo Loco franchisee team with a rejiggered formula that also penalizes the fire-grilled chicken chain for violations of the state's Unfair Competition Law in the couple’s suit claiming the chain improperly encroached on their territory.

  • August 3, 2018

    Forex Traders Want Pleas, Spoofing Claims Kept Out Of Trial

    Three London-based foreign currency exchange traders urged a Manhattan federal judge to block prosecutors from bringing up a group of large banks’ guilty pleas to manipulating the forex market, or any accusations of “spoofing” from their upcoming trial.

  • August 3, 2018

    Ex-Shkreli Atty Claims Companies Can't Be Victims

    Prosecutors seeking to make a lawyer convicted of aiding Martin Shkreli's securities fraud pay more than $10.4 million in restitution to one of Shkreli's former companies urged a judge Friday to reject the attorney's argument that companies aren't victims under a restitution law.

  • August 3, 2018

    #MeToo May Help Propel Family Leave Reforms For Trial Attys

    Advocates for court rules that would pause trials for lawyers expecting children hope the #MeToo movement and a new focus on gender inequalities in the legal industry will help build momentum for passage of the measures around the country.

  • August 3, 2018

    Manafort's Former Accountant Details Tax-Dodge Scheme

    A former accountant for Paul Manafort on Friday said in Virginia federal court that she helped the onetime Trump campaign chairman reduce his tax burden by improperly reclassifying $900,000 in income received by his consulting firm from a Cyprus-based company as loans on his 2014 tax returns.

  • August 3, 2018

    7th Circ. Upholds Grocery Store Worker's Title VII Win

    The Seventh Circuit has affirmed a jury verdict favoring a grocery store worker who alleged he was subjected to unwanted sexual touching and taunting by his male co-workers, holding that his Title VII claim was valid since he presented evidence that female workers didn't receive the same treatment.

  • August 3, 2018

    JPMorgan's Damages Bill Cut From $4B To $7M In Estate Row

    A Texas probate judge chopped a $4 billion judgment against JPMorgan Chase & Co. to $7 million in a case alleging the bank had maliciously mishandled the inheritance of a deceased American Airlines executive.

  • August 3, 2018

    Texas 'Frack Master' To Stay Behind Bars Until Fraud Trial

    The former CEO of Dallas fracking venture Breitling Energy and self-described "frack master" must stay in jail while awaiting trial, a federal judge ruled Thursday, calling his purchase of international plane tickets “remarkably suspect” and citing his lawyer mother’s recent exit from the country.

  • August 2, 2018

    Lower Award Or New Damages Trial For Unicolors In H&M Row

    A California federal judge denied H&M's bid for judgment as a matter of law following an $845,000 jury win for Unicolors, which claimed the Swedish clothing giant ripped off a jacket and shirt pattern, but ruled that H&M can pursue a new trial on damages unless Unicolors agrees to lowered damages of $266,000.

  • August 2, 2018

    Manafort's Bookkeeper IDs Bogus Financial Statements

    The former bookkeeper for Trump campaign chairman Paul Manafort testified Thursday about the political consultant’s financial reversals in the mid-2010s, culminating in an apparent attempt to use bogus documents to secure bank loans in 2016.

  • August 2, 2018

    4th Circ. Restores $2M Punitives In Nursing Home Deaths Suit

    The Fourth Circuit on Thursday reversed a trial court’s slashing of punitive damages from an award won by the families of deceased nursing home residents, finding the families had proven the home’s failure to properly supervise patients was done willfully and reinstating $2.05 million in damages.

  • August 2, 2018

    Platinum Demise Front And Center At Ex-Union Boss' Retrial

    Federal prosecutors asked a Manhattan jury Thursday to tie former labor boss Norman Seabrook's alleged corruption to $19 million of investment losses his union later sustained when Platinum Partners, the hedge fund Seabrook allegedly favored in exchange for a $60,000 bribe in 2014, went bankrupt.

  • August 2, 2018

    Netflix Waves White Flag In Relativity Ch. 11 Contract Fight

    Netflix has abandoned all opposition to continuing its distribution deal with Relativity Media LLC and dropped claims for millions of dollars in payments from the bankrupt studio, deciding Thursday to settle the case after losing a bid to collect $9 million for a breach of its exclusive streaming agreement.

  • August 2, 2018

    Boston Jury Convicts 'Hacktivist' Of Hospital Cyberattacks

    A federal jury in Boston has convicted a computer engineer and self-described “hacktivist” of using cyberattacks to cripple operating systems at two Boston-area hospitals for several weeks in 2014.

  • August 2, 2018

    Calif. Jury Hits Apple With $145M Verdict In WiLan IP Row

    A California federal jury on Wednesday awarded WiLan Inc. $145.1 million after finding that Apple Inc. infringed two of its patents covering wireless communication technology.

  • August 2, 2018

    Startup Fights Paper's Bid To Unseal Records After $706M Win

    A data analytics startup has opposed a newspaper's bid to unseal court records from its $706 million trade secrets win over a Quicken Loans affiliate, saying the Texas statute used to seal the documents does not allow for interlocutory appeal.

  • August 2, 2018

    NJ Accutane Ruling Raises Bar For Expert Witnesses

    The New Jersey Supreme Court's decision Wednesday to wipe out the Accutane mass tort case imposed stricter guidelines on scientific evidence used to support claims, and it could stem the tide of low-merit claims flowing into Garden State courts as litigants need to be more selective when enlisting expert witnesses, experts say.

  • August 1, 2018

    Surfer Will Keep $1.7M For Severed Arm, Appeals Court Says

    An Oregon appeals court on Wednesday affirmed a $1.7 million award for a surfer who lost his arm when hit by a boat and said the state should have warned about the dangers posed by boats, rejecting the state’s argument that it could not face liability from the use of a recreational area.

  • August 1, 2018

    Hurricane Excuse Ripped As La. Court Dumps Med Mal Suit

    A Louisiana appeals court on Wednesday reversed a trial court’s decision reviving a man’s medical malpractice suit alleging two Lafayette cardiologists were responsible for his wife’s death, ruling the man couldn’t justify not submitting an expert witness affidavit by saying there had been a hurricane.

  • August 1, 2018

    Fraud Trial For KPMG Staff, Regulators Delayed 4 Months

    Five people accused of using secret information from the Public Company Accounting Oversight Board to help KPMG LLP ace its examinations were given four more months to plot their defense Wednesday after they complained about the complexity of the evidence.

Expert Analysis

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.

  • Martoma — The Latest Critical Insider Trading Decision

    David Miller

    This week, the Second Circuit revisited its August 2017 insider trading decision in U.S. v. Martoma, walking back its personal-benefit definition and rejection of Newman. But this new ruling may achieve the same practical result as the first, say David Miller and Grant MacQueen of Morgan Lewis & Bockius LLP.

  • Design Patent Damages And The Jury's Confusion In Apple

    Derek Dahlgren

    Comments from a juror after the Apple v. Samsung trial revealed a specific problematic conclusion reached by the jury in its decision-making process, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • Merger Or Acquisition? Beware The Wrong Description

    Jillian Thornton Flax

    The acquisition of other companies with complementary manufacturing practices or products is commonplace today. But the Eighth Circuit's April ruling in Kirk v. Schaeffler Group USA highlights the fact that an acquiring company must ensure its deals are properly represented in any public matter, given the possible consequences for future product liability litigation, says Jillian Thornton Flax is a member of Cozen O'Connor.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • Which Deposition Costs Are Recoverable In Texas?

    Bryce Callahan

    Texas appellate courts seldom delve into questions about which litigation expenses are recoverable, and when they do, they can disagree about the answers. Trial lawyers should carefully consider which deposition-related expenses are truly necessary to the conduct of their case, since many of those costs may be unrecoverable even to a prevailing party, say Bryce Callahan and Elizabeth Wyman of Yetter Coleman LLP.

  • Win For Zen Magnets Still A Good Precedent For The CPSC

    Matthew Howsare

    A federal judge's June 12 ruling that Zen Magnets' due process rights were violated by the U.S. Consumer Products Safety Commission puts CPSC commissioners on notice that their public statements can be used against them if they suggest a prejudgment. But the decision supports the commission’s authority to interpret its own regulations, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.