• September 7, 2017

    Ex-EPA Official Backs Nixing Cancer-Coffee Notice At Trial

    A former EPA biostatistician testified Thursday in a California trial over whether Starbucks and other companies should warn consumers about the carcinogen acrylamide in their coffee, providing backing for the companies' argument that coffee falls under a provision of the state notification law permitting higher cancer risk levels for certain cooked foods.

  • September 7, 2017

    Judge Blasts Feds' 'Tabloid' Angle At Menendez Trial

    The New Jersey federal judge presiding over the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist criticized the government Thursday for presenting irrelevant evidence about how the doctor footed the bill for the lawmaker's Paris hotel stay, saying prosecutors were pursuing a “tabloid” analysis.

  • September 7, 2017

    Feds Want Shkreli's Bail Revoked Over Clinton 'Threat'

    Prosecutors on Thursday asked a Brooklyn federal judge to revoke Martin Shkreli’s bail in the wake of his conviction for securities fraud, saying the controversial former pharmaceutical executive’s bizarre threat to former Secretary of State Hillary Clinton and other behavior represent a risk to the public.

  • September 7, 2017

    Fraud Convictions Vacated Over Juror's Call To ADA Friend

    The Sixth Circuit vacated a pair of government contractors’ fraud convictions on Thursday, saying a Tennessee federal judge ought to have held a hearing after a juror admitted to calling an acquaintance in the district attorney’s office as deliberations appeared to falter.

  • September 7, 2017

    Judge Says 3M Robocalls Warrants $32M, Not $1.6B, Damages

    A Missouri federal judge on Thursday handed marketing company ccAdvertising a small victory after finding it made millions of illegal robocalls involving former presidential candidate Mike Huckabee, awarding $32.4 million in damages rather than the $1.6 billion prescribed by the Telephone Consumer Protection Act. 

  • September 7, 2017

    Fed. Circ. Affirms PTAB's Save Of Claims In $2.7M IP Case

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision that held as valid the claims of a Cobalt Boats LLC patent covering a boat step asserted in a Virginia federal court trial in which a jury ordered Brunswick Corp. to pay $2.7 million.

  • September 7, 2017

    Oil Exec Stonewalled Bank, Jury Told In Contempt Trial

    Oil financier Raheem J. Brennerman endured a rough day Thursday at his trial for criminal contempt, as Manhattan jurors heard via a former Linklaters LLP partner that Brennerman didn't disclose a fat payment he made to himself last year when a bank that lent him $5 million wanted to know where its money was.

  • September 7, 2017

    Texas Trial Atty Duo Launch New Boutique Firm

    Two notable Dallas attorneys announced Wednesday that they have launched a new boutique, Hamilton Wingo LLP, that one of its name partners said he intends to build into “the best trial firm in the United States.”

  • September 7, 2017

    Feds Call Wilmington Trust Employees 'Hostile Witnesses'

    Prosecutors asked a Delaware federal judge on Wednesday to label nine former and current employees at Wilmington Trust Corp. "hostile witnesses" ahead of a securities fraud trial, a designation that would change the ground rules when they testify.

  • September 7, 2017

    J&J Slammed With $57M Verdict In Philly Mesh Case

    A Philadelphia jury on Thursday awarded $57.1 million in damages to a woman who accused a Johnson & Johnson unit of manufacturing a defective pelvic mesh implant that scarred her urethra and left her incontinent.

  • September 7, 2017

    Hughes Hubbard Snags DOJ FCPA Prosecutor

    Hughes Hubbard & Reed LLP has brought on a former U.S. Department of Justice higher-up for Foreign Corrupt Practices Act enforcement and highly experienced trial lawyer, the firm announced Thursday.

  • September 7, 2017

    Bridgegate Convicts Get 6 More Months’ Freedom For Appeal

    William E. Baroni Jr. and Bridget Anne Kelly, two New Jersey public officials who were sentenced to prison for their roles in the George Washington Bridge lane-closing scandal, were given another six months of freedom on Wednesday while their appeals slowly advance.

  • September 6, 2017

    Suit Over Claims Admin's Deal In $16M Award Heads To Trial

    A Massachusetts federal judge on Wednesday changed course and ruled an insurance claims administrator is protected by a state “safe harbor” law in a suit arising from a $16 million verdict stemming from a woman’s death at a nursing home, but said a trial is still needed to resolve the case.

  • September 6, 2017

    Menendez Bribery Trial Offers Competing Takes On Friendship

    Attorneys cast competing images of Sen. Bob Menendez's relationship with Florida ophthalmologist Salomon Melgen on Wednesday when their bribery trial kicked off in New Jersey federal court, with a prosecutor saying Menendez sold his Senate seat for a luxurious lifestyle and defense counsel arguing that the two men exchanged gifts as part of their longtime friendship.

  • September 6, 2017

    BP Unit Settles As Coffee Cancer Risk Trial Percolates

    A California judge on Wednesday granted a BP subsidiary’s request to expedite a hearing on its $675,000 deal to exit a trial over whether Starbucks and other coffee sellers should warn consumers about carcinogens in coffee, after the company said it already has the state attorney general’s approval.

  • September 6, 2017

    SWS Investors Say Chancery Erred In Lowering Deal Price

    SWS Group Inc. investors filed an opening brief Wednesday with the Delaware Supreme Court in the bank holding firm's appeal of a chancery decision that lowered their consideration in SWS’ acquisition by Hilltop Holdings Inc. following a four-day appraisal trial.

  • September 6, 2017

    Convicted Freight Exec Asks 1st Circ. For Antitrust Trial Redo

    A freight executive who received the longest-ever antitrust violation sentence for fixing prices told the First Circuit in Boston on Wednesday that he should get a new trial because the government didn't tell him that a key government figure had filed a sealed lawsuit that failed to finger him in the scheme.

  • September 6, 2017

    GrubHub Aims To Discredit Driver In ‘Gig Economy’ Trial

    A GrubHub attorney attempted to discredit a delivery driver Wednesday in a California federal bench trial over his claims that the company shorted his pay by misclassifying him as an independent contractor, pressing him on whether he signed up to work for GrubHub just to sue.

  • September 6, 2017

    Energy Exec Tells Jury Contempt Charge A 'Legal Nightmare'

    Oil entrepreneur Raheem J. Brennerman deliberately chose to defy U.S. District Judge Lewis A. Kaplan in civil litigation over a $5 million bank debt, jurors heard Wednesday in an unusual Manhattan criminal contempt trial the defendant's team called a nightmare set in motion by the court.

  • September 6, 2017

    Halo Fails To Meet 'Halo' Standard For Enhanced IP Damages

    Halo Electronics Inc. failed to establish that a rival’s conduct met new conditions for awarding enhanced damages set by the U.S. Supreme Court in a long-running infringement case over transformer patents that prompted the high court to reset that standard in the first place, a Nevada federal judge ruled Wednesday.

Expert Analysis

  • The Unintended User In Product Liability Law

    Bennet Susser

    When a product is intended solely for use by adults, should a manufacturer anticipate that warnings to keep the product away from children will not be heeded by responsible parents? Counsel to manufacturers should be mindful that even the clearest warnings and the best safety features may still be insufficient to avoid a trial, says Bennet Susser of Jardim Meisner Susser PC.

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • When Safety Features Are Optional, Manufacturers Beware

    Richard Rubenstein

    New York courts have recognized that optional safety features are appropriate under some circumstances — for example, when equipment is operated by trained employees. But the recent ruling in Fasolas v. Bobcat of New York, where the end user was a customer of an equipment rental yard, should concern manufacturers, says Richard Rubenstein of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • And Now A Word From The Panel: Who Wants To Be An MDL?


    As the lineup for this month’s Judicial Panel on Multidistrict Litigation demonstrates, requests to create an MDL do not fit a single mold. They can involve headline news, contemporary politics or exotic vacations. They can even trigger forensic research from the National Archives on the status of cases filed decades ago, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • 2nd Circ. Libor Ruling Won’t Slow Cross-Border Enforcement

    Jason Linder

    Many commentators predict the Second Circuit's Allen decision last week will substantially chill the government's cross-border law enforcement efforts, but the truth is that the government won't have to make major changes to its increasingly robust coordination with foreign law enforcement to avoid similar problems in the future, say Jason Linder and John Long of Irell & Manella LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.