Trials

  • June 7, 2017

    Apple Can’t Undo $234M Patent Award, But It Won't Be Tripled

    A Wisconsin federal judge on Tuesday denied Apple’s bid to undo a jury’s finding it must pay the Wisconsin Alumni Research Foundation $234 million in damages for infringing a computer processor patent, but denied WARF’s request to triple the award, saying the patent owner couldn’t prove willful infringement.

  • June 7, 2017

    Gambler Billy Walters Says Prosecutors Endorsed Perjury

    Prominent gambler Billy Walters accused prosecutors Tuesday in New York federal court of failing to meet their legal and ethical obligations by not correcting what he said was perjury by former Dean Foods chair Tom Davis about a burner phone that Davis said he used to feed inside information to Walters.

  • June 7, 2017

    SpaceX Beats Tech's $6M Whistleblower Firing Suit At Trial

    A California jury on Wednesday cleared Elon Musk’s rocket startup SpaceX in an avionics technician’s $6 million suit alleging he was wrongfully fired for informing upper management about falsified rocket-part testing data.

  • June 7, 2017

    Jurors' Anti-Attorney Bias Is More Paranoia Than Fact

    Anti-lawyer bias lurks in the hearts of jurors, so attorneys should think twice before defending a legal malpractice suit all the way to trial, right? Not so fast. While it’s axiomatic among many practitioners that jurors aren’t inclined to give them a fair shake, experts say that anxiety is often overblown, or simply wrong-headed.

  • June 6, 2017

    Jury To Decide If SpaceX Tech Whistleblower Or Paranoid

    An ex-SpaceX avionics technician lost his “dream job” after informing upper management that workers were pressured to falsify rocket-part test results, his attorney told a California jury during closing arguments Tuesday, while the aerospace company countered he was fired after exhibiting paranoid, disruptive and unproductive behavior.

  • June 6, 2017

    Syngenta Exec Sniffs At China's View On Seeds

    A Syngenta executive testified at trial Tuesday that Chinese regulatory approval was not on the company's to-do list before the launch of a seed that later triggered a wholesale rejection of U.S. corn at Chinese ports, saying the biotech industry kept close tabs on which countries were important, and China wasn’t one of them.

  • June 6, 2017

    Sleep Lab Rejects Emory's Coverage Bid After $20M Verdict

    A contractor that ran a sleep lab at Emory University said it shouldn’t be on the hook for the school’s share of a $20 million medical malpractice verdict because Emory’s subsidiary company had ultimate control over the lab, according to documents filed Tuesday in Georgia federal court.

  • June 6, 2017

    VMWare ‘Hack’ Plan Just ‘Engineering Lingo,’ Jury Hears

    A VMWare lead software engineer took the stand in a California federal courtroom Tuesday to kick off the company’s defense of Phoenix Technology's $110 million patent infringement suit, saying another employee was using “engineering lingo,” not plotting wrongdoing, when he emailed about plans to “hack” Phoenix’s source code.

  • June 6, 2017

    ABC 'Pink Slime' Report Scared Buyers, Beef Co. Expert Says

    Beef buyers were scared away from Beef Products Inc.'s beef trimmings product by ABC reporting calling it "pink slime," a Columbia University professor told a South Dakota jury Tuesday in the trial for BPI's $1.9 billion defamation claims against the news organization.

  • June 6, 2017

    T-Mobile Seeks $18.4M Attys' Fees After $4.8M IP Verdict

    T-Mobile has asked a Washington federal judge to grant it about $18.4 million in attorneys’ fees and costs following a $4.8 million jury verdict against former business partner Huawei, found liable for an espionage campaign to glean secrets behind a phone-testing robot.

  • June 6, 2017

    Judge Demands Details On Iran-Linked Charity's Mistrial Bid

    Manhattan U.S. District Judge Katherine B. Forrest pressed for specifics Tuesday about how a late flow of documents prejudiced the Alavi Foundation, an Iran-linked charity seeking to stave off a billion-dollar U.S. real estate asset seizure effort, by hampering Alavi's trial strategy.

  • June 6, 2017

    Tycoon's Estate Says High Court Ruling Ends SEC Judgment

    Counsel for the estate of the late Texas business tycoon Charles Wyly Jr. argued in a Monday letter to the Second Circuit that a U.S. Supreme Court decision limiting disgorgement collected by the U.S. Securities and Exchange Commission also affects their case, and may necessitate the vacating of the remaining judgment.

  • June 6, 2017

    Ex-FDA Head Says AbbVie Promoted Off-Label Androgel Use

    Former U.S. Food and Drug Administration Commissioner David Kessler told jurors Tuesday that he felt AbbVie Inc. had stepped outside the bounds placed on it by the FDA by promoting testosterone replacement therapy drug Androgel for use in aging men without testing the safety of the drug.

  • June 6, 2017

    Colo. Jury Awards $10.8M For Biomass Facility Underpayment

    Wellons Inc., a builder of energy systems, on Monday was awarded $10.8 million by a Colorado federal jury in a suit that alleged Eagle Valley Clean Energy LLC breached its contract and significantly underpaid for the construction of a wood-fired biomass cogeneration facility in Gypsum, Colorado.

  • February 9, 2017

    Ill. Jury Awards $6.45M To Ex-Packer Engineering Workers

    An Illinois federal jury on Monday awarded $6.45 million to two women who were fired from engineering consulting firm Packer Engineering after experiencing a hostile work environment.

  • June 6, 2017

    Ky. Doctor Gets 4 Years For Bad Opioid Rx, Medicaid Fraud

    A Louisville, Kentucky, obstetrician and gynecologist was sentenced to four years in prison Monday after a federal jury found him guilty of improperly handing out addictive painkillers and fraudulently billing Medicaid for transvaginal ultrasounds.

  • June 5, 2017

    ABC's 'Pink Slime' Lies Cost Beef Co. $1.9B, Jury Told

    Beef Products Inc. told a South Dakota jury Monday that ABC’s false reporting calling its beef trimmings product “pink slime” scared supermarkets away and cost it $1.9 billion, while ABC countered in its opening statement that the truth about BPI’s product had sent customers running well before ABC’s reporting.

  • June 5, 2017

    Syngenta Seed Launch Slashed Market, Farmers Say At Trial

    Kansas corn farmers appeared in court Monday to open a key first trial against seed maker Syngenta in multidistrict litigation claiming that a reckless seed launch prompted China to slam its doors to all U.S. corn, costing the state’s growers $200 million.

  • June 5, 2017

    SpaceX Can’t Nix Firing Suit Ahead Of Closing Arguments

    A California judge Monday denied SpaceX’s bid on the eve of closing trial arguments to toss a worker’s suit alleging he was fired after informing senior management that avionics techs were pressured to pass rocket-part tests, saying “there’s just enough” evidence for a jury to decide.

  • June 5, 2017

    SEC Dealt Major Blow With Justices' Disgorgement Decision

    The U.S. Securities and Exchange Commission took a significant hit to its enforcement arsenal Monday morning as the U.S. Supreme Court unanimously held that agency-sought disgorgement is a penalty subject to time limits, a ruling experts say could give the SEC more headaches down the road.

Expert Analysis

  • Weekly Column

    'Talking Bull': Episode 19, Bring It On

    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. Spoiler alert ...

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Applying Buckman Preemption To Antitrust And RICO Claims

    Stephen McConnell

    In suits challenging products already approved by the U.S. Food and Drug Administration, plaintiffs often suggest that the FDA was bamboozled. In Meijer v. Ranbaxy, plaintiffs allege fraud on the FDA through violations of antitrust and racketeering laws. The First Circuit should not permit such claims to undermine the reliability of administrative actions, says Stephen McConnell of Reed Smith LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Series

    My Strangest Day In Court: When The Witness Attacked

    James J. Brosnahan

    Focused on my final argument notes, I nonetheless noticed a pause in the cross-examination of my client. Then I saw a flutter of activity out of the corner of my right eye, recalls James Brosnahan of Morrison & Foerster LLP.

  • Ruling On CFPB Could Upend Controversial Net Worth Sweep

    Sai Prakash

    The DOJ's recent challenge to the constitutionality of the Consumer Financial Protection Bureau could have significant ramifications for another government agency — the Federal Housing Finance Agency, according to Sai Prakash of the University of Virginia School of Law.

  • NJ High Court Will Bring Welcome Clarity To Consumer Law

    Brian O'Donnell

    Although on the books since 1981, New Jersey's Truth-in-Consumer Contract, Warranty, and Notice Act has only been aggressively utilized by the plaintiffs bar in recent years, so judicial authority interpreting the statute is still developing. Two cases before the New Jersey Supreme Court should provide needed guidance to litigants and courts, say Brian O’Donnell and Jeffrey Beyer of Riker Danzig Scherer Hyland & Perretti LLP.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Calif. Supreme Court Clarifies 'Prevailing Party' Ambiguity

    Louie Castoria

    The California Supreme Court's decision in DisputeSuite v. Score this month resolved a division of authority among California's district courts of appeal regarding who the "prevailing party" is when a California contract case is dismissed on procedural grounds, but may be refiled in another state. This decision is a narrow one hinging on the fact that DisputeSuite will have its day in court in a distant, contractually agreed upon, ... (continued)