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  • June 28, 2018

    Ex-Bankrate CFO Cops Plea, Will Pay $21M In Fraud Case

    The former chief financial officer of Bankrate Inc. in Florida federal court copped to fraud for inflating earnings through what prosecutors dubbed "cookie jar" accounting and will pay $21.2 million in restitution, the U.S. Department of Justice said on Thursday.

  • June 28, 2018

    Mistake Leaves $600M Bid-Rigging Trial At Risk Of Collapse

    The Manhattan U.S. attorney's case against former State University of New York President Alain Kaloyeros and three other men accused of rigging $600 million of “Buffalo Billion” construction bids was in jeopardy Thursday after a federal judge said the government rested without proving a basic element of wire fraud.

  • June 28, 2018

    Delay On Kennedy Replacement 'Ain't Going To Happen': GOP

    High-ranking Republicans on the Senate Judiciary Committee stood firm Thursday on keeping Majority Leader Mitch McConnell's promise to vote this fall on a replacement for retiring U.S. Supreme Court Justice Anthony Kennedy, with one saying Democrats' calls to wait until after the November midterms "ain't going to happen."

  • June 28, 2018

    DaVita Hit With $375M Punitive Damages In Colo. Verdict

    A Denver federal jury awarded $384 million on Wednesday, $375 million of it punitive damages, to kin of three dialysis patients who died after being treated by the national dialysis chain DaVita with solutions that were allegedly known dangers.

  • June 27, 2018

    From Iqbal To Citizens United: Kennedy's Biggest Decisions

    In his three decades on the high court, Justice Anthony Kennedy authored opinions that changed the rules for federal civil litigation, opened the floodgates for corporations and unions to fund campaign advertisements, and reshaped the legal landscape for women and same-sex couples.

  • June 27, 2018

    No Bail For Chinese Billionaire During Appeal: 2nd Circ.

    The Second Circuit on Wednesday denied a Chinese billionaire's bid to stay out of prison as he appeals his conviction for bribing United Nations ambassadors to get support for a conference center project in Macau, saying he hadn’t shown he wasn’t a flight risk.

  • June 27, 2018

    ZeniMax's IP Verdict Against Oculus Cut By $250M

    After video game developer ZeniMax Media Inc. pushed for a doubling of its $500 million verdict from a jury finding that Facebook-owned Oculus VR LLC infringed its intellectual property rights, a Texas federal judge nearly halved the figure, finding no evidence of false designation of origin, which made up $250 million of the damages.

  • June 27, 2018

    Life After Kennedy: 1 Big Question, 6 Judges To Watch

    President Donald Trump made it clear Wednesday that the world already knows the name of the person he is going to nominate to replace retiring Associate Justice Anthony M. Kennedy. The question is, which name will it be?

  • June 27, 2018

    Insider Trading Suspect's Son Shouldn't Testify, Judge Says

    Federal prosecutors cannot force the young-adult son of an insider trading suspect to testify against his father, the presiding judge ruled Wednesday on the third day of a securities fraud trial in Boston.

  • June 27, 2018

    PG&E, Others Settle Family’s Toppled-Tree Suit For $47.5M

    Pacific Gas and Electric Co., a Northern California county and others have reached settlements totaling $47.5 million to resolve a lawsuit brought on behalf of a boy who lost his right leg and part of his pelvis after being crushed by a tree while camping.

  • June 27, 2018

    'Goodbye, Tony!' Justices Bid Farewell To Kennedy

    As U.S. Supreme Court Justice Anthony Kennedy prepares to step down after three decades on the bench, his colleagues stepped forward to share stories about the man they know as “Tony,” describing a thoughtful coworker who built enduring friendships and made a lasting mark on the legal landscape.

  • June 27, 2018

    When Partisan Passion Raged, Kennedy Was The Vote To Get

    Throughout his three-decade run on the U.S. Supreme Court, Associate Justice Anthony Kennedy leveraged his precious swing vote to forge robust legacies in free speech, LGBT rights and capital punishment, clerks and court watchers told Law360 after the justice announced his retirement Wednesday.

  • June 27, 2018

    NY High Court Sets Rocky Road For $2B RMBS Claims Trial

    New York state's high court ruled Wednesday that Ambac Assurance Corp. cannot recover from Countrywide Home Loans all $2.2 billion in claims payouts on $25 billion worth of securitized mortgages, and instead must follow a repurchase and cure protocol loan by loan, staking out that and other issues for a trial to come.

  • June 27, 2018

    Film Producer Gets 8 Years For $26M Hedge Fund Fraud

    A Manhattan federal judge on Wednesday sentenced film producer David Bergstein to eight years in prison for defrauding investors in Weston Capital Asset Management out of more than $26 million, including a $9 million ploy to recoup losses in the collapse of serial fraudster Jason Galanis’ Gerova Financial Corp.

  • June 27, 2018

    JB Hunt, Truckers Prep For Sept. Trial In Wage Dispute

    A proposed class action alleging J.B. Hunt Transport Inc. didn’t pay drivers minimum wage is preparing for a late September trial after the U.S. Supreme Court declined to review the Ninth Circuit’s ruling reviving the long-running dispute, according to a California federal court filing Tuesday.

  • June 27, 2018

    'Buffalo Billion' Jury Sees Ex-SUNY Boss' Deleted Emails

    Prosecutors seeking to convict former State University of New York President Alain Kaloyeros of rigging “Buffalo Billion” project bids worth $600 million showed a Manhattan jury evidence Wednesday indicating Kaloyeros deleted emails that discussed the contracting process, and a related investigation, with a convicted former lobbyist.

  • June 27, 2018

    Ill. Court Affirms $1.3M Award In Med Mal Referral

    An Illinois appeals court has upheld a $1.27 million award in the case of a law firm alleging it never got its agreed-upon share of a final settlement in a medical malpractice case it worked on with a firm to which it had referred the case.

  • June 27, 2018

    Proskauer Snags Litigation Partner From Kirkland In LA

    Proskauer Rose LLP said Wednesday it hired a former Kirkland & Ellis LLP commercial litigator with extensive trial and appellate experience in matters involving antitrust, class action, financial services and securities issues, bolstering its base in Los Angeles.

  • June 27, 2018

    Chiropractor Must Arbitrate Claim Atty Flubbed RICO Trial

    A chiropractor must arbitrate allegations his former defense counsel at Sayles Werbner PC “strong-armed” him into paying a flat fee then didn’t do enough to defend him in a civil RICO trial against Allstate Insurance Co., a Texas state judge has held.

  • June 27, 2018

    Auto Parts Co., Worker Can't Push Back Trial In Wage Row

    A California federal judge ruled Tuesday that O’Reilly Auto Enterprises LLC and a delivery driver cannot push back by three months an upcoming trial in a wage-and-hour suit alleging the auto parts retailer failed to give workers rest breaks, timely wages or accurate payroll records.

Expert Analysis

  • The Principal Purpose Test — A US Tax Court Preview

    Rusudan Shervashidze

    The IRS argument in a case pending before the U.S. Tax Court was similar to the principal purpose tests laid out by the Organization for Economic Cooperation and Development and the European Commission. To that extent, European and Canadian tax advisers who face application of a principal purpose test under domestic law or a tax treaty should take note of the court's ruling, say Rusudan Shervashidze and Stanley Ruchelman of Ruchelman PLLC.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Employee Promotion Lessons From Hussain V. FedEx

    Jill Vorobiev

    While Federal Express succeeded at summary judgment and juries twice found in its favor in Hussain v. FedEx, the path to its recent victory was a long and likely costly one. Employers seeking to mitigate the risk of similar promotion-related discrimination claims should bear in mind the factors that led the Seventh Circuit to reverse the district court's summary judgment, say Jill Vorobiev and Adam Weiner of Reed Smith LLP.

  • The Future Of Design Patent Remedies Is Unclear

    Derek Dahlgren

    The Apple v. Samsung design-patent retrial — scheduled to begin on Monday — is an opportunity to clear up confusion on remedies. However, the complicated test that will be used for determining the article of manufacture presents the risk of creating more confusion, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • 4 Views On Snap Removal Expressed By Illinois Courts

    Amy Rubenstein.jpg

    As courts increasingly rely on electronic docket monitoring systems, they have reached inconsistent outcomes on whether a defendant can "snap remove" a case to federal court. The various approaches taken by Illinois courts show that defendants must weigh the risk that removal will fail against the time and expense involved in removal, say Amy Rubenstein and Mary Shepro of DLA Piper.

  • Views From The Bench On Sentencing Representation: Part 11

    Alan Ellis

    In my interviews with judges for this series on sentencing, some of the more interesting insights have come from those who were formerly criminal defense lawyers, says attorney Alan Ellis.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.