• April 6, 2017

    Dewey Judge Reins In State's Financial Expert

    New York prosecutors hit a bit of turbulence in the retrial of two former Dewey & LeBoeuf LLP executives on Thursday when a judge shut down an attempt to use an expert to show the pair created "improper" financial statements.

  • April 6, 2017

    Ex-Dean Food Chair Back-Tracked Trades, Defense Says

    The prosecution’s case in the insider trading trial of prominent sports gambler Billy Walters rises and falls on its star witness, former Dean Foods chair Tom Davis, who lied at least 50 times on the stand, Walters’ attorney told a New York federal jury during closing arguments Thursday.

  • April 6, 2017

    GSK Doc Says FDA Knew All Co. Did About Paxil Suicide Risk

    A psychiatrist who helped prepare a GlaxoSmithKline PLC analysis of the suicide risk associated with Paxil told an Illinois federal jury Thursday that the drugmaker was not hiding anything from the U.S. Food and Drug Administration that could have prevented a Reed Smith attorney’s death.

  • April 6, 2017

    Shaky Medical Expert Testimony Dooms Botched Surgery Suit

    A Pennsylvania appellate panel affirmed Thursday a midtrial dismissal of a medical malpractice suit accusing a doctor of botching a gallbladder surgery, saying the patient’s expert witness failed to offer testimony with the requisite degree of certainty since he said it was “more likely than not” his opinion was accurate.

  • April 6, 2017

    Asus Likely To Face Via’s Claim It Stole USB IP At Trial

    A California federal judge told Via Technologies Inc. on Thursday that she’s inclined to let it go to trial with allegations rival chipmaker Asustek Computer Inc. stole its valuable intellectual property covering USB 3.0 technology, saying during a hearing that a jury should decide if Via waited too long to file suit.

  • April 6, 2017

    Engle Progeny Claims Not Preempted, Fla. High Court Says

    The Florida Supreme Court ruled Thursday that federal law does not preempt Engle progeny plaintiffs from bringing strict liability and negligence claims against tobacco companies, dealing another blow to the companies fighting the smokers' suits.

  • April 6, 2017

    Feds Say They’ve Given Ex-Nomura Traders All They Need

    Federal prosecutors accusing three former Nomura Securities International Inc. executives of lying to clients about bond prices to boost the traders' profits told a Connecticut federal court Thursday the government has given the trio everything they could need to build their defense for trial.

  • April 6, 2017

    Special Master Appointed In Depakote Trial

    An Illinois federal judge tapped retired state Judge Daniel J. Stack as special master Wednesday in an upcoming trial in multidistrict litigation over birth defects allegedly caused by Abbott Laboratories' anticonvulsant Depakote, after neither party objected.

  • April 6, 2017

    Merck Wants 3rd Circ. Rethink On Fosamax Warning Claims

    Merck asked the Third Circuit on Wednesday to reconsider its revival of claims in multidistrict litigation that the drugmaker failed to warn patients about the risk of irregular hip fractures from osteoporosis treatment Fosamax, saying the appellate panel was wrong to put the question in a jury's hands.

  • April 6, 2017

    Davis Wright Nabs TroyGould Litigator In LA

    Davis Wright Tremaine LLP announced Wednesday the addition of a TroyGould PC litigator in Los Angeles, bolstering its offerings with his experience representing clients like grocers and retailers in a range of consumer class actions and complex business litigation, stretching across areas including privacy and real estate.

  • April 6, 2017

    King & Spalding Adds Ex-Atkinson Andelson White Collar Ace

    King & Spalding LLP hired a former California prosecutor and ex-chair of Atkinson Andelson Loya Ruud & Romo APC’s white collar practice as a business litigation partner, bringing the Law360 MVP’s experience in labor, transportation and investigations to the firm’s Los Angeles office.

  • April 6, 2017

    Amphastar, Momenta Antitrust Dispute Gets 2019 Trial Date

    A federal judge in Boston said Thursday that he would allow Momenta and Sandoz to move again for dismissal in an antitrust dispute with Amphastar over a generic blood-clotting drug, and, depending on how that goes, eyed a tentative trial date two years from now.

  • April 6, 2017

    Sprint Seeks New Fed Circ. Review Of $30M Patent Trial Loss

    Sprint urged the Federal Circuit on Wednesday to reconsider a decision upholding a $30 million infringement verdict awarded in favor of Prism Technologies LLC over two network security patents, arguing the court should not have allowed a previous Prism settlement to be presented as evidence.

  • April 6, 2017

    Judge May Bisect Complicated NY Corruption Case

    The Manhattan federal judge handling contract corruption charges against eight men, including a former top aide to New York Gov. Andrew Cuomo and an ex-State University of New York Polytechnic Institute president, set an October trial date and a second, 2018 date in case the convoluted matter is split in two.

  • April 6, 2017

    US Boxer Wants Win To Stand After Fight-Cancellation Trial

    American heavyweight boxer Deontay Wilder urged a New York federal court on Wednesday not to undo his February trial win against Russian boxer Alexander Povetkin over the cancellation of a Moscow fight due to results of doping tests, saying the court should ignore the other side's “histrionics.”

  • April 5, 2017

    3rd Circ. Upholds Ex-NBA Player's Ponzi Scheme Sentence

    A former NBA player’s appeal of his nine-year sentence for running a $3.5 million Ponzi scheme was denied Wednesday, with the Third Circuit saying the “new” evidence they’d been asked to consider did more to incriminate the player than exonerate him.

  • April 5, 2017

    Kimberly-Clark Gown Buyers Didn't Pay A Premium, Jury Told

    A Stanford economics professor called to the stand by Kimberly-Clark in a California federal class action trial over allegations it misled buyers about the impermeability of its surgical gowns testified Wednesday that the buyers wouldn't be able to recover damages because they weren't economically harmed.

  • April 5, 2017

    Unwired Planet Says Apple Owes $33M As IP Trial Looms

    Unwired Planet told a California federal judge Wednesday it plans to seek $33 million in royalties from Apple in an upcoming infringement trial over three of its wireless, location and voice recognition patents, saying the amount is reasonable considering Apple wants $400 million from Samsung for infringing similar smartphone patents.

  • April 5, 2017

    7th Circ. Weighs Law That Led To $6.5M Dealership Verdict

    The chief judge of the Seventh Circuit wondered aloud Wednesday about the scope of the Indiana law that won a Volvo dealership a $6.5 million jury verdict, asking if it was enough that the dealership show that it had sometimes been treated unfairly by the company.

  • April 5, 2017

    Gov't Loses Bond Request In Baseball Smuggling Case

    A Florida federal judge agreed Wednesday with a baseball agent and athletic trainer recently found guilty of smuggling Cuban ballplayers into the United States that federal prosecutors failed to justify a request to block them from receiving money from certain players while on bond.

Expert Analysis

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Shipping Act's Antitrust Preemption Is Powerful

    John Longstreth

    The Third Circuit's recent decision in the Vehicle Carrier Services Antitrust Litigation affirms that the Shipping Act of 1984 preempts both state and federal antitrust claims. The court’s decision fits comfortably into a line of U.S. Supreme Court decisions that reflect considerable concern that state antitrust laws not be allowed to interfere with regulatory regimes established by Congress, say attorneys with K&L Gates LLP.

  • Authentication Of Social Media Evidence: 2 Cases To Know

    Beth S. Rose

    Recently the Third Circuit and a New Jersey appellate court were presented with criminal cases in which defendants sought to overturn their convictions on the grounds that the lower courts improperly admitted unauthenticated social media evidence. Both courts concluded that the traditional rules of evidence were adequate to address social media evidence, says Beth Rose of Sills Cummis & Gross PC.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.

  • Calif. Courts Are Moving Away From NY Jury Trial Waivers

    Chauncey M. Swalwell

    A California Court of Appeal recently decided in Rincon EV v. CP III Rincon Towers that predispute jury trial waivers in agreements governed by New York law and involving Californian real property are unenforceable in California courts. We can expect to see parties seeking to void their jury trial waivers and attempts to bolster loan documents and other such agreements, say Chauncey Smalwell and Taylor Senske of Goodwin Procter LLP.

  • What The Intuitive Ruling Means For Medical Device Makers

    Erin Bosman

    In its recent ruling in Taylor v. Intuitive Surgical, the Washington Supreme Court saddled medical device manufacturers with a new duty to warn hospitals about risks their products may pose — and eroded exemptions from strict liability afforded to manufacturers of certain “unavoidably unsafe” products. This decision is an unexpected shift in the law for medical device manufacturers, say attorneys from Morrison & Foerster LLP.

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • GC Whistleblowing And Other Implications From Bio-Rad

    Matthew Solomon

    Many aspects of the whistleblower retaliation case against Bio-Rad Laboratories brought by former general counsel Sanford Wadler — including Wadler’s sizeable recovery and a series of plaintiff-friendly decisions — bring to the forefront significant issues relevant to public companies, directors and other corporate stakeholders, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • More Pricing Litigation On The Docket In 2017


    The current wave of pricing litigation began nearly three years ago, and has already targeted more than 60 retailers in more than 100 lawsuits. In 2017, several cases are on appeal, others are starting the class certification or summary judgment phase, and some are slated for trial, portending possible major changes in case law, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.