Trials

  • December 22, 2016

    Technology MVP: Jenner & Block's Rick Richmond

    Jenner & Block’s Rick Richmond earned himself a place on Law360’s list of Technology MVPs when he secured a $940 million jury award for Epic Systems Corp. in its trade secrets suit against Indian conglomerate Tata Group — believed to be the largest jury verdict in Wisconsin history.

  • December 21, 2016

    Where 5 Top MDLs Stand At The End Of 2016

    Among the hundreds of pending multidistrict litigations across the country, some stand out for the large jury awards they've yielded — and some for their inability to produce many verdicts at all — while others are notable for their longevity. As 2016 draws to a close, Law360 gets you up to speed on five highly visible MDLs, including cases over General Motors' ignition-switch defect and DePuy Orthopaedics' metal-shedding artificial hips.

  • December 21, 2016

    Costco Hit With $250K Verdict For Not Ending Customer Abuse

    An Illinois federal jury on Wednesday ordered Costco to reimburse a former employee to the tune of $250,000 for ignoring her cries of customer harassment, handing down a verdict that largely favored the U.S. Equal Employment Opportunity Commission. 

  • December 21, 2016

    DOJ Case Against Aetna-Humana Deal Probed Over Gov’t Role

    The Justice Department fielded questions about the basic assumptions of its efforts to block the $37 billion merger between Aetna and Humana Wednesday, as the presiding federal judge probed whether competition with Medicare and regulations of the combined entity’s Medicare Advantage plans upend normal antitrust review.

  • December 21, 2016

    Calif. Court Tosses Disability Bias Ruling Against TWC

    A California appeals court Tuesday reversed a $3.4 million disability decision against Time Warner Cable Services LLC over its firing of a warehouse employee for taking prescription drugs for an on-the-job injury, because the company was not aware she had suffered a disabling injury.

  • December 21, 2016

    $54B Deal Will Spawn Daunting Anthem-Cigna, Expert Says

    The U.S. Department of Justice’s expert economist pushed forward the government’s case against Anthem and Cigna’s $54 billion tie-up, arguing Wednesday that even local hospital mergers or regional insurer expansions would be unable to counteract the bargaining power of the new insurance titan post-merger.

  • December 21, 2016

    Bernstein Litowitz Ducks Subpoena In Insider Trading Row

    A California federal special master has denied an email subpoena bid by Pershing Square Capital Management LP against Bernstein Litowitz Berger & Grossmann LLP, which represents investors alleging that Valeant Pharmaceuticals International Inc. illegally tipped Pershing Square to a proposed merger.

  • December 21, 2016

    Philly Schools Denied $2.3M Contract Discrimination Retrial

    A Pennsylvania federal judge said Tuesday that he would not upend a $2.3 million jury verdict and allow a new trial in a case alleging that a white-owned security firm was denied a multimillion-dollar contract with Philadelphia’s school district on the basis of race.

  • December 21, 2016

    2nd Circ. Won't Nix $8M Malpractice Verdict Against Law Firm

    The Second Circuit on Wednesday upheld an $8 million legal malpractice judgment against the now-defunct Antonelli Terry Stout & Kraus LLP over a client's failed attempt to patent web advertising technology, saying the attorneys didn't preserve their argument that the invention was unpatentable in the lower court.

  • December 21, 2016

    Anthem, Cigna Discord Could Give DOJ Edge In Merger Trial

    Cigna Corp.’s seeming lack of enthusiasm about its $54 billion merger with rival Anthem Inc. has given the U.S. Department of Justice a leg up in an ongoing trial in D.C. federal court over claims the deal will harm competition, experts say.

  • December 21, 2016

    Ruling Stands Allowing Seminoles To Continue Card Games

    A federal judge Tuesday denied Florida's bid to alter his ruling that a state breach allows the Seminole Tribe of Florida to keep offering card games such as blackjack and baccarat for the remainder of their gaming agreement, saying the state's motion “simply reargues the merits.”

  • December 21, 2016

    DuPont Owes $2M In Teflon Testicular Cancer Trial, Jury Says

    An Ohio jury on Wednesday hit DuPont with a $2 million compensatory verdict in the first of about 40 upcoming trials alleging the chemical company dumped toxins into drinking water and sickened local residents, also opening the door for punitive damages.

  • December 21, 2016

    The Biggest New Jersey Cases Of 2016

    Federal and state appeals courts in 2016 delivered a quintet of key rulings in New Jersey's employment, legal malpractice, gaming and health care spaces, bolstering aggrieved workers looking to sue, jury award overrides and continued coverage for firm partners while again shooting down the state’s sports-betting plans. Here’s a look at five notable opinions that helped shape the Garden State’s legal landscape this year.

  • December 21, 2016

    Judge Missed How Jail Changed Me, Ex-Gov Blagojevich Says

    Former Illinois Gov. Rod Blagojevich took his latest shot at lifting his 14-year prison sentence Tuesday, telling the Seventh Circuit the judge overseeing his case didn’t properly consider evidence of the ex-politician’s rehabilitation at his resentencing earlier this year.

  • December 21, 2016

    Trials MVP: Gibson Dunn’s Jeffrey T. Thomas

    Gibson Dunn & Crutcher LLP partner Jeffrey T. Thomas recently helped Hewlett-Packard win a $3 billion jury verdict in a dispute related to Oracle's poaching of HP’s CEO and the phasing out of HP software, earning him a spot on Law360’s 2016 list of Trial MVPs.

  • December 20, 2016

    Eminent Domain Fight Over Texas Rail Project Goes To Trial

    A Texas state judge has denied a bid for a quick win by the developers behind a high-speed rail project, sending to trial a suit alleging the company is entitled to survey private lands and pursue eminent domain in order to draw the best route for a train that would run from Dallas to Houston.

  • December 20, 2016

    Chancery Mulls Largest Incentive Award Ever In Occam Case

    The Delaware Chancery Court opened a rare trial Tuesday for a so-called incentive award for the lead plaintiff in the class action that challenged Occam Networks Inc. merger with Calix Inc., which proposed at roughly $3 million is believed to be largest of its kind in the court’s history.

  • December 20, 2016

    $8M Verdict Against Caretaker In Assault Suit Affirmed

    A Missouri appeals court on Tuesday affirmed a $9 million medical malpractice verdict in favor of a developmentally disabled woman who was sexually assaulted and impregnated by the husband of her caretaker, who had been assessed the lion's share of the award.

  • December 20, 2016

    Tour Bus Crash Victims Ask Calif. Court To Toss Trial Loss

    The victims of a 2006 tour bus crash that killed two people and injured eight urged a California appeals court Tuesday to toss a jury's finding that the bus was not defective, arguing the trial court erred in applying defense-friendly Indiana law to the case.

  • December 20, 2016

    Juror Dismissal Opens Appeal Path In Fattah Corruption Case

    Last week's revelation that a juror was dismissed from the corruption case of ex-Rep. Chaka Fattah after being found to have deliberately stymied deliberations presents what experts say is a potentially viable, albeit challenging, avenue for the convicted former congressman to pursue on appeal.

Expert Analysis

  • Hidden Legal Lessons In Anthony Weiner’s Laptop: Part 1

    John Reed Stark

    Amid the exhaustive punditry concerning FBI Director James Comey’s startling disclosure of a rejuvenated Hillary Clinton investigation, some critical questions seem to have gotten lost. For example, what are the legalities involved when handling Anthony Weiner's computer, and could Weiner’s lawyers have avoided this entire situation? John Reed Stark, former internet enforcement chief at the U.S. Securities and Exchange Commission, ... (continued)

  • SEC In-House Practice Going Back To 'Old Normal'

    David L. Kornblau

    Although the Dodd-Frank Act gave the U.S. Securities and Exchange Commission nearly unfettered discretion to bring almost any enforcement action as an administrative proceeding, 2015 and 2016 data show that the SEC has been reverting to its pre-Dodd-Frank practice in this area. This trend appears likely to continue as the SEC’s composition changes under the Trump administration, say David Kornblau and Sarah Mac Dougall of Covington & Burling LLP.

  • Beyond Bean Counting: How Legal Can Add True Value

    david_wallace_HerbertFreehills.jpg

    For legal departments to stay in front of the crowd, cost-cutting alone is not enough. Neither is claims-driven revenue generation, nor running endless analytics of outside legal spend. This is short-term, passive, scarcity-based thinking that keeps legal departments from offering their corporate clients the greatest possible value — competitive advantage, says David Wallace of Herbert Smith Freehills LLP.

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

    Calhoon_Victoria.jpg

    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.