• November 3, 2017

    Auxilium Bellwether Latest Test For Testosterone Therapy Ads

    Auxilium Pharmaceuticals LLC is the second drugmaker to face a jury in the testosterone replacement therapy multidistrict litigation in Illinois federal court, with the first bellwether against the company over its alleged misrepresentations of what Testim is safe to treat set to go forward Monday.

  • November 3, 2017

    FIFA Trial To Show Reach Of US Gov't In Corruption Probes

    Three former South American soccer officials are set to go on trial Monday in Brooklyn in the U.S. government’s sprawling FIFA corruption probe, a trial that the sports world should watch closely for hints about how far the U.S. is willing to go to root out corruption in sports leagues.

  • November 3, 2017

    Ex-PSU Coach Ends Whistleblower Claim Over Sandusky Case

    The former Penn State University football assistant coach who served as a key witness in the Jerry Sandusky sex abuse scandal has ended a whistleblower suit against the university that netted him more than $13 million from a jury verdict, an additional judgment and a fee award, according to a filing posted online Friday.

  • November 2, 2017

    No Trace Of Mesothelioma In J&J Talc Miners, Jury Told

    A longtime Johnson & Johnson toxicologist testified Thursday in the California jury trial over a woman's claims that asbestos in J&J's products caused her mesothelioma, saying that studies of the Italians who mined the company's talc for years have shown no signs of mesothelioma.

  • November 2, 2017

    Emails In KIT Digital Trial Show Financier Feeling The Heat

    Jurors in the fraud trial of entrepreneur and “Twilight” financier Omar Amanat and former KIT Digital Inc. CEO Kaleil Isaza Tuzman on Thursday were shown emails depicting Amanat scrambling to respond to investors who sought payback while worrying about authorities getting involved.

  • November 2, 2017

    Witness Left Firm Of Ex-Katten Atty's Relative, Jury Hears

    A government witness in the Brooklyn federal conspiracy trial of ex-Katten Muchin Rosenman LLP partner and Retrophin counsel Evan Greebel left an accounting partnership with Greebel’s father-in-law under a cloud after lending a client money and then getting a judgment against that client without telling his firm, it was revealed Thursday.

  • November 2, 2017

    Feds, Defense Clash Over Bribery Tale In Menendez Trial

    A prosecutor urged jurors Thursday to hold Sen. Bob Menendez and a Florida ophthalmologist accountable by convicting them of taking part in an alleged bribery scheme, but defense lawyers blasted the government for spinning a false narrative without evidence of an illicit agreement.

  • November 2, 2017

    Nursing Home Chain Hit With $1.5M Verdict In Sex Bias Suit

    A former elder care facility executive was awarded an approximately $1.5 million verdict by a federal jury in Washington state on Wednesday over claims she was fired for complaining about the "sexually charged" environment created by a supervisor's inappropriate conduct with a nurse.

  • November 2, 2017

    Dollar Tree Pay Stub Class Action Trial Begins In Calif.

    Counsel for a class of 5,400 Dollar Tree workers told a California federal jury during opening statements Thursday that the retailer violated state laws requiring easily accessible wage statements, while Dollar Tree defended its practice of having some workers print pay stubs from store cash registers.

  • November 2, 2017

    2nd Circ. Approves Gutting Of $4.4M Licensing Award

    A Second Circuit panel ruled Thursday it was appropriate when a judge slashed a fitness-wear company’s $4.35 million jury award for a soured licensing deal to $1, saying the brand’s profit comparisons between itself and market giant Under Armour were more wish than reality.

  • November 2, 2017

    Emails Could Put Former Dean Foods Chair Behind Bars Early

    A federal judge has ordered former Dean Foods Chairman Tom Davis to return to New York federal court from his Dallas home Friday for a hearing on whether he should be taken into custody immediately for insider trading, citing apparently troubling emails received by the court.

  • November 2, 2017

    7th Circ. Upholds 6-Year Sentence For Medicaid Fraud

    The Seventh Circuit on Wednesday affirmed a conviction and six-year sentence for the owner of an Indiana medical transport company who was charged with health care fraud and identity theft, finding that she failed to show any clear error in the proceedings that led to the jury’s guilty verdict.

  • November 2, 2017

    EEOC Is Told Jury Can Hear Of Destroyed Darden Chain Docs

    A Florida federal judge said Wednesday that the U.S. Equal Employment Opportunity Commission can present evidence to a jury in an age discrimination suit that a Darden Restaurants Inc. chain destroyed documents showing it willfully violated federal employment law, as long as it can prove the spoliation was intentional.

  • November 2, 2017

    Agent, Trainer Get Prison For Smuggling Cuban Ballplayers

    A Florida federal judge on Thursday sentenced a sports trainer to more than five years in prison and a baseball agent to nearly four years for their roles in a smuggling ring that brought more than a dozen Cuban ballplayers into the U.S. illegally and made the pair millions of dollars.

  • November 2, 2017

    Funeral Book Barred From Trial In Car Crash Death Suit

    A car crash victim’s family will not be able to present a funeral book as evidence in an upcoming trial that will determine whether Ukiah Valley Medical Center is to blame for his death after paramedics cancelled a helicopter request, a California federal judge ruled on Wednesday.

  • November 2, 2017

    Everyone’s An Expert: How Modern Juries Complicate A Case

    For trial lawyers taking a complex case to a jury, finding the right highly credentialed expert can seem like the ticket to a winning verdict, but these days jurors often want to make up their own minds — and will throw your case away to do it.

  • November 1, 2017

    Menendez Jury Gets 'Official Act' Lesson Ahead Of Closings

    The New Jersey federal judge presiding over the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist lifted language Wednesday from the U.S. Supreme Court’s landmark McDonnell decision to instruct jurors about the definition of "official acts."

  • November 1, 2017

    Investor Denies Contact With Ex-Katten Atty Before Deal

    The jury in the Brooklyn federal conspiracy trial of ex-Katten Muchin Rosenman LLP partner and Retrophin counsel Evan Greebel heard an investor say that he struggled to cash out of a Martin Shkreli-run hedge fund, but had no contact with Greebel until weeks after he struck a deal with Shkreli.

  • November 1, 2017

    Jailed Hedge Funder Tells Jury Of KIT Digital Stock Fraud

    Incarcerated former hedge fund boss Stephen Maiden took the witness stand Wednesday in the stock fraud trial of ex-KIT Digital Inc. CEO Kaleil Isaza Tuzman, as well as film and tech entrepreneur Omar Amanat, and described the trio's scheme to prop up the video technology company's stock price. 

  • November 1, 2017

    Hill Wallack Adds Partner, 3 Associates In Pa.

    Hill Wallack LLP bolstered its Yardley, Pennsylvania, office with the recent additions of a partner in its trusts and estates group and three associates in its trial and insurance defense, employment and labor law, and creditors’ rights and bankruptcy practices, the firm announced Monday.

Expert Analysis

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • How Financial Services Companies Should Face E-Discovery

    Alison Grounds

    Financial service companies face unique e-discovery challenges caused by the complex systems used to run their businesses, the privacy concerns surrounding their data and the asymmetrical litigation in which they are frequently a party. Proactive planning, leveraging of applicable procedural rules and appropriate technology, and cooperation can help to reduce the costs and burdens incurred in the discovery process, says Alison Grou... (continued)

  • 4th Amendment And Shared Servers: Lessons From Shkreli

    Claire Johnson

    The prosecution of Martin Shkreli reveals some important lessons about the Fourth Amendment protections against search and seizure in the digital corporate context: Physical access to documents on a server may trump actual ownership of records, say Claire Johnson and Douglas Young of Farella Braun & Martel LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Preparing For UK Litigation As A US Lawyer

    Richard Reice

    Counsel fees, issue fees, risk of loss and the “additional” cost of a barrister mark significant differences between the U.K. and U.S. legal processes. The good news is that the bond between the U.K. and the U.S. arising out of our common history and law renders retaining and working with U.K. counsel seamless and rewarding, says Richard Reice of Hoguet Newman Regal & Kenney LLP.

  • Between Counsel And Class Members, Silence Is Golden

    Thomas Dickerson

    Prohibiting all unapproved communications from both plaintiffs and defense counsel to members of a class of plaintiffs ensures that the court can safeguard the interests of the class members. A recent decision in a California federal court reveals the wisdom of this principle, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • Series

    What I Learned In My 1st Year: Leave Your Comfort Zone

    Tara Kaushik

    As a baby lawyer, I took on a challenging case representing pro per detainees in county prisons. In the process, I learned how to deal with contentious opposing counsel, advocate for my clients with credibility, and trust my gut feelings, says Tara Kaushik of Holland & Knight LLP.

  • What To Expect In Forex Fraud Trial Of Ex-HSBC Exec

    Scott Schirick

    The prosecution of HSBC’s former global head of foreign exchange spot trading — whose trial began on Monday in the Eastern District of New York — will test whether the government can turn sharp dealing and deception in the unregulated institutional spot forex market into criminal fraud, says Scott Schirick of Pryor Cashman LLP​.