• October 10, 2017

    Ex-Soccer Officials Don't Want Jury Sequestered In FIFA Case

    Attorneys for three South American soccer officials headed to trial next month on corruption charges in the wide-ranging FIFA probe urged a federal judge in Brooklyn on Tuesday to not take “extreme” measures to hide jurors' identities from the public and keep jurors partially sequestered.

  • October 10, 2017

    3 Meningitis Pharmacy Workers Must Face FDA Fraud Claims

    Three employees of the drugmaker connected to the fatal 2012 meningitis outbreak will have to face a jury over allegations that they tried to defraud the U.S. Food and Drug Administration, a Massachusetts federal judge ruled Tuesday, rebuffing their dismissal effort.

  • October 10, 2017

    Ariz. Doctor Wins Verdict In Patient Wrongful Death Row

    An Arizona jury has cleared a urologist of liability in a suit accusing him of failing to warn a man about the risks of kidney removal surgery, which purportedly contributed to the patient’s death, finding in favor of the doctor on the lone claim of wrongful death.

  • October 10, 2017

    Ex-UCLA Researcher Gets Trainer’s Divorce Into Bias Trial

    A California judge ruled Tuesday that a former UCLA cytogenetics research fellow suing the school and a trainer for national origin discrimination can introduce evidence of the trainer’s divorce, saying potential hard feelings against her Singapore-born ex-husband could support a racial animus claim in the upcoming trial.

  • October 10, 2017

    Contractor CEO Guilty Of Selling Flimsy Trucks To Military

    A Virginia federal jury found the CEO of now-defunct Armet Armored Vehicles guilty of fraud and false claims Monday in a suit over roughly $6.4 million in federal contracts for armored trucks in Iraq.

  • October 10, 2017

    Supreme Court Won't Hear Case On 'Nonsensical' Renco Trial

    Billionaire industrialist Ira Rennert and his Renco Group Inc. will not get to challenge the “nonsensical” trial that led to a $213 million judgment against the pair for allegedly looting a subsidiary before parking it in bankruptcy, after the U.S. Supreme Court on Tuesday refused to hear the case.

  • October 10, 2017

    Mistrial Declared In Case Alleging Asbestos In J&J Talcum

    A California judge on Tuesday cut short a trial on a woman’s allegations that she developed mesothelioma from using Johnson & Johnson’s talcum powder products, declaring a mistrial because the woman mentioned the much-litigated connection between J&J’s talc and ovarian cancer during her testimony on Friday.

  • October 10, 2017

    Wilmington Trust Pays $44M To Settle Securities Case

    Wilmington Trust Corp. agreed to settle a more than two-year federal criminal securities fraud prosecution Tuesday, accepting a $44 million civil fine in Delaware federal court shortly before the start of a jury trial on claims that the bank concealed hundreds of millions in bad commercial loans in 2009 and 2010.

  • October 10, 2017

    Supreme Court Rejects Convicted Ex-Massey CEO's Appeal

    The U.S. Supreme Court on Tuesday declined to hear former Massey Energy Co. CEO Don Blankenship's appeal of his conviction for conspiring to violate mine safety standards before a deadly explosion.

  • October 10, 2017

    Ex-Dewey CFO Dodges Prison Time For Fraud Scheme

    Former Dewey & LeBoeuf LLP Chief Financial Officer Joel Sanders on Tuesday was sentenced to community service and ordered to pay a $1 million fine following his conviction on fraud and conspiracy charges for what prosecutors say was a scheme to con the firm's financial backers before the firm collapsed.

  • October 6, 2017

    Asbestos In J&J's Talc Caused Woman's Illness, Jury Told

    Johnson & Johnson has concealed the fact that its talcum powder products contain asbestos for nearly a century, an attorney for a woman alleging she developed mesothelioma after decades of using J&J’s products told a California jury during Friday opening statements.

  • October 6, 2017

    HSBC FX Exec Said 'I Think We Got Away With It,' Jury Hears

    Jurors in the trial of former HSBC foreign currency exchange executive Mark Johnson on Friday heard nearly 20 recorded phone calls surrounding a $3.5 billion forex deal that prosecutors say defrauded oil and gas developer Cairn Energy PLC, with Johnson saying at one point, “I think we got away with it.”

  • October 6, 2017

    Costco Berry Blend Gave Woman Deadly Hepatitis, Jury Told

    Costco Wholesale Corp. and the makers of an organic berry blend must pay millions of dollars for the hepatitis A-caused death of an 89-year-old woman because they failed to warn the public when they discovered contaminated ingredients, counsel for the woman's children told a California jury during Friday opening statements.

  • October 6, 2017

    Judge Unlikely To Dismiss Ex-Katten Atty Conspiracy Count

    A New York federal judge on Friday said she was not inclined to dismiss a conspiracy count against a former Katten Muchin Rosenman LLP attorney despite the fact Martin Shkreli, the leader of the alleged conspiracy, was acquitted on that charge.

  • October 6, 2017

    Juror Bias Claim Can’t Flip Hospital’s Med Mal Trial Win

    A Pennsylvania appellate panel on Friday affirmed a jury’s decision to clear a hospital of negligently administering to an emergency room patient a drug that purportedly caused tissue and nerve damage, saying a juror’s alleged financial ties to the hospital didn’t warrant overturning the verdict.

  • October 6, 2017

    Convicted Ex-SAC Manager Asks Full 2nd Circ. For Rehearing

    Former SAC Capital insider trader Mathew Martoma urged the full Second Circuit on Friday to rehear his appeal after a split appeals court panel upheld his conviction for insider trading, arguing that the panel overruled its own precedent and replaced it with a test that dramatically departs from Supreme Court rulings.

  • October 6, 2017

    Feds Lose Bid To Exclude AIG's Evidence In $306M Tax Fight

    A New York federal judge on Friday denied the government’s motion requesting the exclusion of evidence that insurance giant American International Group sought to introduce in an almost decadelong $306 million tax fight.

  • October 6, 2017

    Wilmington Trust Judge Rejects Bank Doc Tiff Trial Delay

    A federal judge in Delaware on Friday rejected Wilmington Trust Corp’s call to postpone Tuesday’s scheduled start of the bank’s criminal securities fraud trial due to undelivered Federal Reserve Board documents, saying the court and parties can work around delayed receipt.

  • October 6, 2017

    Benefits Portal Biz Wants Derivative Suit Cut Short

    A Massachusetts lawyer and his father-client are using a federal suit, recently filed amid a protracted battle for control of an internet employee-benefits company, as “leverage” against a $1.5 million verdict springing from the same dispute, the company's executives said Thursday.

  • October 6, 2017

    Atty Indicates Willingness To Settle Suit Against Cuneo Gilbert

    Attorney Preetpal Grewal indicated a willingness Friday to settle her Manhattan federal court suit against her former employer Cuneo Gilbert & LaDuca LLP, which began as a sweeping national-origin bias complaint but has been pared down to a spat over her employment agreement.

Expert Analysis

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • How To Get A Survey In A Patent Case Kicked Before Trial

    Brooke Myers Wallace

    The Northern District of California, in Unwired Planet v. Apple, recently excluded a survey for failing to accurately target the patented invention. The case underscores an effective, though perhaps overlooked, way to attack the use of surveys in patent damages opinions, says Brooke Myers Wallace of Gibson Dunn & Crutcher LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Zero Emissions Credit Litigation: The Road Ahead

    Gordon Coffee

    Last month, federal courts dismissed challenges to zero emissions credit programs in Illinois and New York. But as the plaintiffs appeal, an issue with broad consequences for the energy industry looms: whether anyone other than the Federal Energy Regulatory Commission can ask a federal court to declare that state programs affecting wholesale energy markets are preempted, say Gordon Coffee and Tyson Smith of Winston & Strawn LLP.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Pepperdine Gay Bias Case — A Loss And A Win For Plaintiffs

    Ronald Katz

    On Friday, two lesbian basketball players lost their discrimination case against Pepperdine University. However, the fact that the case was permitted to go to trial represented a major blow against sexual stereotyping in sport, says Ronald Katz of GCA Law Partners LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • The Great Class Action Ascertainability Debate

    Amanda Lawrence

    In recent years, courts have divided sharply over whether or not Rule 23 of the Federal Rules of Civil Procedure creates an implicit requirement that a class must be ascertainable in order to be certified. Amanda Lawrence and Michael Rome of Buckley Sandler LLP discuss the circuit split over whether and to what extent ascertainability is required, and implications of the circuit split for class action litigants.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.