• December 19, 2016

    Tobacco Cos. Hit With $19M Verdict In Business Prof's Death

    A Florida jury on Monday slammed R.J. Reynolds and Philip Morris USA Inc. with a total of $13.5 million in punitive damages over the heart and lung disease death of a popular University of Florida business professor, bringing the total awarded in the case to more than $19 million.

  • December 19, 2016

    Thompson Hine Adds Nixon Peabody Litigator To NY Office

    Thompson Hine LLP has hired a litigator with nearly 30 years of complex commercial litigation and arbitration experience involving securities and contract disputes from Nixon Peabody LLP, the firm said Monday.

  • December 19, 2016

    Ex-LA Sheriff Baca Led ‘Dirty’ Jail Conspiracy, Jury Told

    Former Los Angeles County Sheriff Leroy Baca led a 2011 conspiracy within his department to block an FBI investigation into jail inmate abuse by deputies that was “dirty from the beginning,” a federal prosecutor told jurors during closing statements Monday in Baca's criminal trial.

  • December 19, 2016

    Judge Wrongly Limited Meningitis Outbreak Trial, Gov't Says

    Prosecutors on Monday urged a Massachusetts federal judge to reconsider granting separate murder trials for two former compounding pharmacy executives and limiting evidence to one representative victim of the dozens killed by a 2012 meningitis outbreak, saying "murders are not fungible" and the ruling hobbles the government's case.

  • December 19, 2016

    Economist Throws Weight Behind $37B Aetna-Humana Deal

    A well-known economist took the stand in D.C. federal court Monday in defense of Aetna Inc.’s $37 billion planned merger with Humana Inc., fighting government claims that the deal will stifle competition in the health insurance industry.

  • December 19, 2016

    Tilton Says SEC 'Grossly Overreached' In $200M Fraud Case

    Private equity magnate Lynn Tilton on Friday asked a U.S. Securities and Exchange Commission administrative law judge to dismiss the SEC’s charges that she defrauded investors of $200 million, saying the agency “grossly overreached” when it filed charges.

  • December 19, 2016

    Akerman Adds Trial Partner From DLA Piper

    Akerman LLP announced on Monday that it has snagged a veteran trial attorney from DLA Piper who specializes in environmental, energy and antitrust law, helping to beef up the firm’s Los Angeles office.

  • December 19, 2016

    Texas Court Affirms Malpractice Win For Hospital, Doctor

    A Texas appeals court affirmed a take-nothing judgment in favor of a hospital and doctor in a medical malpractice suit stemming from the death of a patient who was treated for a broken jaw, holding Monday that the lower court didn’t err by overruling a juror challenge and admitting two experts’ testimony.

  • December 19, 2016

    NJ Panel Says Med Mal Jury Needed Informed Consent Charge

    A New Jersey Appellate Division has ordered a new trial for a couple that filed an unsuccessful medical malpractice lawsuit over complications from a back pain treatment, ruling Monday that the jury should have been instructed to consider whether or not the patient gave informed consent to the procedure.

  • December 19, 2016

    Seminole Say Fla. Judge's Card Game Ruling Is On Point

    The Seminole Tribe on Friday blasted a bid by Florida to alter a post-bench-trial ruling that the tribe can keep offering card games such as blackjack and baccarat for the remainder of a gambling deal the Seminole made with the state, calling the ruling thorough and well-reasoned.

  • December 19, 2016

    Trials MVP: Gibson, Dunn & Crutcher's Josh Krevitt

    Gibson, Dunn & Crutcher LLP partner Josh Krevitt recently won a high-stakes patent infringement trial for T-Mobile against a plaintiff who had alrady been victorious over two other two carriers for the same patent, landing him a spot on Law360’s 2016 list of trial MVPs.

  • December 16, 2016

    Feds Say Sheriff Joe’s Contempt Charge Doesn’t Warrant Jury

    The U.S. Department of Justice asked an Arizona federal judge Thursday to hear a contempt charge alleging Sheriff Joseph Arpaio of Maricopa County, Arizona, flouted an injunction barring him from profiling Latinos at traffic stops, saying the charge should see a bench trial instead of a jury trial.

  • December 16, 2016

    Jury Convicts 4 For Bid-Rigging Calif. Property Auctions

    A California federal jury convicted four real estate investors on Thursday of one count each for their role in a massive scheme to rig bids at public real estate foreclosure auctions involving hundreds of properties in the San Francisco Bay Area.

  • December 16, 2016

    Rembrandt Urges High Court To Skip Expert Misconduct Case

    Rembrandt Vision Technologies LP downplayed the suggestion of a circuit split on the question of when an expert’s false testimony should justify a new trial, telling the U.S. Supreme Court its infringement case against a Johnson & Johnson unit over a contact lens patent involved an unusual set of circumstances.

  • December 16, 2016

    Tobacco Cos. Owe $8M For Professor's Death, Widow Says

    The widow of a well-liked university business and marketing professor urged a Florida jury on Friday to award her more than $8 million against R.J. Reynolds and Philip Morris over his death from heart and lung diseases, saying the tobacco companies deceived him about the risks of cigarette smoking.

  • December 16, 2016

    Texas Lawyers Must Mind Metadata, Ethics Committee Says

    Texas lawyers must take reasonable steps to protect confidential client information that may be contained in the metadata of electronic documents exchanged with other lawyers outside of discovery, the State Bar of Texas professional ethics committee said in a recent opinion.

  • December 16, 2016

    Aetna Takes On Key Obamacare Admin In $37B Merger Trial

    Aetna Inc. grilled a top Affordable Care Act administrator Friday about the “death spiral” facing insurance carriers participating in the health law’s public exchanges during an antitrust trial over Aetna’s $37 billion merger with Humana Inc.

  • December 16, 2016

    Reed Smith Widow Slams GSK's 'Mountain' Of Trial Exhibits

    Despite an Illinois federal judge's admonishments not to overwhelm a jury in a trial over a Reed Smith partner's suicide after allegedly taking a GlaxoSmithKline antidepressant, his widow on Thursday told the judge that the company is proposing to show the jurors mountains of exhibits.

  • December 16, 2016

    SEC Wants Justices' Take On Disgorgement Too, Adviser Says

    A New Mexico investment adviser told the U.S. Supreme Court Thursday that the U.S. Securities and Exchange Commission’s support for reviewing whether the agency is subject to time limits when seeking ill-gotten gains weighs in favor of his petition, even if he and the agency diverge on what the outcome of the case should be.

  • December 16, 2016

    Boston Ex-Guitarist Demands Fees For Founder's TM Claims

    A former guitarist from the band Boston urged a Massachusetts federal judge Thursday to award him attorneys’ fees after a jury found for him on trademark claims brought by the band’s founder, requesting almost $840,000 for having to defend against the “sham” allegations.

Expert Analysis

  • Stock, Screen, Steer, Substitute To Win Bellwether Trials


    In multidistrict litigation involving a drug or medical device, a company may contemplate the dreaded “S-word” — “settlement.” But if the company can brace itself for thousands of lawsuits and years of discovery, four other “S-words” might lead to bellwether trial outcomes that protect the product’s legacy and save the company millions, say Victoria Calhoon and Peter Meyer of Faegre Baker Daniels LLP.

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • OPINION: Texas Must Adhere To The 8th Amendment

    Mark White

    When Moore v. Texas is argued on Nov. 29, the U.S. Supreme Court will have an important opportunity to reject an unscientific state-law standard that allows the wrongful and unconstitutional execution of persons with intellectual disability, according to Mark Earley, former attorney general of Virginia, and Mark White, the 43rd governor of Texas.

  • Talking 'Bull': Episode 6, Bedside Manner

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist.

  • A Primer On The Presidential Appointee Vetting Process

    Robert K. Kelner

    With the election over, the process of selecting individuals to fill the next administration’s key appointed positions is quickly shifting into high gear. For those who are called to serve in such positions, the process entails extensive vetting of professional credentials and a host of personal background check issues, say attorneys with Covington & Burling LLP.

  • Merging Law Firms: Think Before You Tie The Knot

    John Remsen Jr.

    Getting larger isn’t a good enough reason to merge. Focus on whether the merger will make your firm better. Also, it’s possible that a merger can reduce profitability, says John Remsen Jr. of TheRemsenGroup.

  • Merging Law Firms: Why Deals Fail Or Underperform

    Lisa Smith

    While many law firm mergers have been successful, some have been spectacularly unsuccessful — to the point of firm dissolution. Some have exceeded expectations, while others have had little impact on the overall competitiveness of the combined firm. In both failed discussions and less-than-successful mergers, there are mistakes that are made along the way, says Lisa Smith of Fairfax Associates.

  • Merging Law Firms: Beware Conflicts Of Interest

    Allison Martin Rhodes

    Among the many ethical issues that can arise, conflicts of interest from current or past representation of each firm’s clients should be at the forefront of merger discussions. Recently, we have seen such conflicts disqualify firms in the middle of high-cost litigation, say Allison Martin Rhodes of Holland & Knight LLP and Robert Hillman of the University of California, Davis.

  • OPINION: Goodness First, Then Greatness

    Kevin Curnin

    For many, the United States missed an opportunity after 9/11 to emphasize similarities rather than differences, to seek healing rather than punishment, to build understanding between cultures. Is Trump’s election another such opportunity? asks Kevin Curnin, president-elect of the Association of Pro Bono Counsel.

  • Opening Up Libel Laws Would Test 1st Amendment

    Adam Losey

    In an era when terms like “libel” and “slander” are increasingly used, and the broad and nebulous term “media” is becoming a convenient scapegoat for all of society’s social ills, the possibility that someone may seriously consider a subsidy to bring defamation suits against the media — as President-elect Trump suggested while on the campaign trail — “dampens the vigor and limits the variety of public debate,” say Ehren Fournier an... (continued)