• February 7, 2017

    Mail Fraudster Seeks Permission To Travel For Manager Award

    A woman awaiting sentencing for aiding an $8.8 million scheme that tricked law firms into paying the proceeds of fake settlements asked a Florida federal court Tuesday if she could fly to Nevada to receive a manager of the year award.

  • February 7, 2017

    Abuse Claim Dulled King Of Pop's Image, Tax Judge Hears

    Michael Jackson’s former merchandising rights expert testified that the child molestation accusations against the music icon sent sponsors running for the hills as she took the stand Tuesday in a Los Angeles trial to determine what the King of Pop’s estate — including his name and likeness — were worth when he died.

  • February 7, 2017

    Feds Probe Passports, Tax Docs At Ballplayer Smuggling Trial

    Federal prosecutors in the trial of a sports agent and a trainer accused of smuggling Cuban baseball players into the U.S. raised questions Tuesday about details of passports, tax records and other official documents provided to Major League Baseball to gain clearance for clients to sign lucrative contracts.

  • February 7, 2017

    Pa. Judge Explains Bench Toss Of Paxil Birth Defect Suit

    A Pennsylvania state judge on Tuesday issued a written opinion elaborating on his bench ruling from last year dismissing a cardiac birth defect suit against GlaxoSmithKline PLC relating to the antidepressant Paxil, asserting his ruling "was an unfortunate, but absolute, necessity" due to an omitted witness question.

  • February 7, 2017

    Decadeslong Smoker Couldn't Know Cigs' Danger, Jury Hears

    A woman who died from chronic obstructive pulmonary disorder after smoking Winstons for decades should not be held responsible for decades of smoking in which she had no way of knowing the danger she was putting herself in, a lawyer told a Florida jury Tuesday in closing arguments in an Engle-progeny trial.

  • February 7, 2017

    RJ Reynolds Cast Doubt On Dangers Of Smoking, Jury Told

    A World War II hero who died of lung disease never knew how bad smoking was for him because R.J. Reynolds and other tobacco companies sowed doubt around many scientific findings about the dangers of cigarettes, his family's lawyer told a Florida jury Tuesday.

  • February 7, 2017

    Dewey Judge Shoots Down Mistrial Motion As Retrial Opens

    The retrial of two former Dewey & LeBoeuf LLP executives accused of deceiving the firm's financiers began in earnest on Tuesday with a Manhattan criminal court judge rejecting a defense motion for a mistrial prompted by a prosecutor's mention of Dewey's bankruptcy.

  • February 7, 2017

    Pillsbury Opens Miami Office, Adds 6 From Boies Schiller

    Pillsbury Winthrop Shaw Pittman LLP on Tuesday announced the launch of a new office in Miami, Florida, its 21st location worldwide, and the addition of six commercial litigation and tax attorneys hailing from Boies Schiller Flexner LLP.

  • February 7, 2017

    MF Global's $1B-Plus PwC Malpractice Trial Delayed For Talks

    MF Global and PricewaterhouseCoopers yielded Monday to prodding by a New York federal judge to take one last stab at settling the $1 billion-plus professional malpractice case against the accounting giant before an expected five-week trial, which had been due to start next week, according to court documents.

  • February 7, 2017

    Inside Trader Tells 1st Circ. Salman Ruling Nixes Conviction

    A real estate developer who traded on inside information he got via a tip from his country-club drinking buddy about a pending bank company merger should get his conviction overturned or at least a new trial due to a jury instruction that the U.S. Supreme Court has since indicated is inadequate, his attorney told the First Circuit on Tuesday.

  • February 7, 2017

    1st Circ. Affirms Conviction In Fake Hedge Fund Scam

    The First Circuit on Monday rejected the appeal of a Massachusetts investment adviser sentenced to seven years in prison for a $1.3 million fake hedge fund scheme, saying that the court’s jury instructions and sentencing were both sound.

  • February 7, 2017

    Rail Co. Not Covered For $1.5M Injury Award, 8th Circ. Says

    The Eighth Circuit on Tuesday affirmed a Missouri federal judge's holding that a Hartford Insurance unit doesn't have to pick up the tab for a $1.5 million award that an injured American Railcar Industries Inc. worker won against the rail company at trial, finding that ARI's failure to notify the insurer in a timely manner of the worker's suit precludes coverage.

  • February 7, 2017

    Jury Says Outdoor Gear Co.'s Late Tax Payment Not Negligent

    An Idaho federal jury has sided with an outdoor gear company in its refund suit against the IRS, finding the company had not been willfully negligent and had reasonable cause to pay its excise taxes late, according to a verdict publicly filed Monday.

  • February 6, 2017

    Michael Jackson’s $700M Last Dance With IRS Kicks Off In LA

    Michael Jackson's estate delivered opening statements Monday in its battle with the Internal Revenue Service over a tax bill that could reach $700 million, rejecting claims that Jackson’s image and music rights were worth over $800 million when he died and arguing they were instead rendered worthless by debts and scandal.

  • February 6, 2017

    Calif. Investor Found Guilty In Foreclosure Bid-Rigging Case

    A California federal jury on Monday found a real estate investor guilty of rigging bids in public foreclosure auctions in a San Francisco-area county, nabbing another conviction for the government in a series of indictments over alleged conspiracies to decide in advance who would win the deals.

  • February 6, 2017

    Jury Awards Bio-Rad’s Ex-GC $8M For Retaliatory Firing

    A California federal jury found Monday that Bio-Rad violated whistleblower protections under the Sarbanes-Oxley Act when it fired its general counsel for reporting Foreign Corrupt Practices Act violations, awarding the attorney $2.96 million in back wages and $5 million in punitive damages.

  • February 6, 2017

    Schock, DOJ Agree On Keeping Records Sealed From Media

    In separate motions filed Friday, both former U.S. Rep. Aaron Schock and the U.S. Department of Justice agreed that certain records requested by media should be kept sealed in the case against the former Republican congressman for misusing government money and campaign funds.

  • February 6, 2017

    NJ Condo Owners Accuse Kushner Biz Of 'Broken Promises'

    Counsel for New Jersey condominium owners told jurors Monday that a real estate firm formerly run by President Donald Trump's son-in-law and senior adviser, Jared Kushner, broke its promises of building a large-scale waterfront community with various amenities, but the company's attorney said its plans changed after the 2008 housing market collapse.

  • February 6, 2017

    Jury Clears Orthopedist In Suit Over Knee Surgery

    A Missouri federal jury on Friday found that a St. Louis orthopedist and his practice did nothing wrong in the case of a patient who said her poor care necessitated a full knee replacement.

  • February 6, 2017

    Dewey Retrial Start Tripped Up By Juror Problems

    Opening arguments in the long-anticipated retrial of two former top executives of Dewey & LeBoeuf LLP on charges of defrauding the law firm's lenders and investors were delayed on Monday, after problems with multiple jurors sent the case back to voir dire.

Expert Analysis

  • Almost Famous: Trademark Dilution Claims Just Out Of Reach

    Eric Ball

    Recent dismissals of trademark dilution claims at the motion-to-dismiss stage highlight that plaintiffs must be prepared to show early on that their mark is a “household name” before they can pursue their claims. These decisions also show that defendants are more often turning to this early path to attack an exaggerated claim to fame, say Eric Ball and Carly Bittman of Fenwick & West LLP.

  • 6 Key Commercial Litigation Finance Trends For 2017

    Ralph J. Sutton

    With commercial litigation funding gaining acceptance throughout the U.S., law firms and corporations are investigating how they can benefit from the capital that funders provide, and which criteria they should use in selecting a funder. Ralph Sutton, chief investment officer of Bentham IMF, discusses several major trends to watch in 2017.

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017


    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.

  • Mediating E-Discovery Disputes Can Save Time And Money

    Daniel Garrie

    A primary driver of increasing litigation costs is the explosion of electronic discovery in recent years. Electronic data is not only increasing dramatically in volume, it is also growing in complexity. One way parties can save time and money is to use a neutral, technically skilled mediator, to ensure that e-discovery is both robust and cost-effective, says Daniel Garrie of JAMS.

  • REBUTTAL: Mental Health Testimony Is Key To Finding Truth

    James J. McDonald Jr.

    In her recent Law360 guest article Chloe Roberts criticized a defendant’s use of forensic psychiatric testimony in a recent sexual harassment trial, noting that such testimony condones the revictimization of plaintiffs. However, to prevent a defendant from testing the veracity of the plaintiff’s claim in the name of avoiding “revictimization” is hardly consistent with our notion of due process, says James McDonald Jr. of Fisher Phillips.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • Are You Prepared For A 'Post-Fact' Jury?

    Ross Laguzza

    The media has been full of stories lately about the death of facts and the rise of “fake news.” It is reasonable to wonder if people sitting on juries will be able to function appropriately in this post-fact world, says Ross Laguzza of R&D Strategic Solutions LLC.

  • There Goes My Case: Forum Non Conveniens In The 2nd Circ.

    James Ng

    The doctrine of forum non conveniens provides the court with the discretionary power to dismiss a case in favor of having it tried by a more appropriate court. The Second Circuit has adopted a three-step framework for evaluating a forum non conveniens inquiry, says James Ng of Samuel Goldman & Associates.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.

  • SEC Disgorgement Issue Ripe For High Court Review

    Nicolas Morgan

    The U.S. Securities and Exchange Commission recently joined in on a request that the U.S. Supreme Court review a long-simmering issue: Does the Section 2462 five-year statute of limitations apply to SEC disgorgement claims? The lack of clarity poses a substantial risk for litigants on both sides of an SEC enforcement action, say attorneys with Paul Hastings LLP.