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Trials
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May 17, 2024
'Confusing' Evidence Leads To New Patent Trial For Shopify
A Delaware federal judge Friday granted in part Shopify Inc.'s bid for a new trial in an infringement suit over a series of patents for website generation owned by Express Mobile Inc. after Express won a $40 million jury verdict in 2022.
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May 17, 2024
Ga. Police Officer Asks For New Trial In $40M Force Suit
Atlanta police officer Jon Grubbs, who was ordered by a Georgia jury to pay $40 million to a man who was rendered quadriplegic after Grubbs shocked him with a Taser over suspicions of panhandling, has asked a federal judge for a new trial.
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May 17, 2024
Feds Want Prison For Kiosk Salesman Who Faked Deductions
An electronic-sweepstakes kiosk salesman from Chicago should spend more than two years in prison for submitting false tax returns that fabricated more than $400,000 in business expenses and more than $60,000 in church donations, federal prosecutors told an Illinois federal court.
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May 17, 2024
Las Vegas Sun Wants Day In Court Against Review-Journal
The Las Vegas Sun asked a Nevada federal judge Thursday to schedule trial in its antitrust suit against the Las Vegas Review-Journal, arguing the larger paper and soured distribution partner cannot be allowed to continue running out the clock in an effort to put the Sun out of business.
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May 17, 2024
Philly Surgeon Settles Sex Bias Case With Jefferson Hospital
An orthopedic surgeon who sued Thomas Jefferson University Hospital for gender discrimination over its handling of sexual assault allegations has settled his case with the hospital after a $15 million award in his favor was erased.
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May 17, 2024
Baldwin Wants 'Rust' Case Tossed, Says Grand Jury Was Duped
Alec Baldwin's attorneys urged a New Mexico state judge during a hearing Friday to throw out involuntary manslaughter charges against the actor in the "Rust" movie shooting, arguing prosecutors misled the grand jury in the case.
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May 17, 2024
Jury Convicts NC Provider In Medicaid, COVID Fraud Scheme
A clinical social worker in North Carolina was found guilty Friday of defrauding South Carolina's Medicaid program and falsely obtaining COVID-19 relief checks following a nine-day trial in Charlotte's federal courthouse, prosecutors said.
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May 17, 2024
Google Says Payment Means No Need For DOJ Ad Tech Jury
Google is arguing in Virginia federal court the government has no right to a jury trial in a case accusing the company of monopolizing key digital advertising technology, especially after Google issued a check for the money enforcers could be awarded if they won.
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May 17, 2024
Judge Will Drop Some Charges For Convicted Atlanta Exec
A Georgia federal judge moved forward Thursday with the government's request to drop four criminal counts against convicted Atlanta city hall official Mitzi Bickers after recent case law made the wire fraud charges nonviable.
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May 17, 2024
Calif. Jury Finds Samsung Breached Contract With Netlist
A Los Angeles federal jury found on Friday that Samsung materially breached a contract with chipmaker Netlist by cutting off its supply of crucial memory products, delivering a significant win for Netlist in its multi-jurisdictional patent fight with Samsung even though no monetary damages were at stake.
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May 17, 2024
Menendez Bribery Trial: 5 Things To Know About Week 1
Explosive opening statements, closed-door jury questioning and an FBI agent's recount of the moment he found a treasure trove of gold bars and cash highlighted the first week of trial in the government's second corruption case against U.S. Sen. Robert Menendez.
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May 17, 2024
Texas Justices Let Fen-Phen Atty Malpractice Fight Roll On
The Texas Supreme Court ruled Friday that roughly 4,000 former clients of a Houston mass tort lawyer can continue pressing their claims that the lawyer improperly kept millions of dollars in fen-phen diet drug settlement money.
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May 17, 2024
Judge Sets Hearing For Delay In Hunter Biden's Tax Trial
A California federal judge agreed Friday to consider Hunter Biden's request to push back his $1.4 million criminal tax trial, setting a hearing to address his claim that the dates interfere with his Delaware gun trial and threaten to prevent him from getting a fair shake.
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May 17, 2024
Ex-Baltimore State's Atty Says 20-Month Sentence Too Harsh
Former Baltimore State's Attorney Marilyn Mosby has asked a federal judge to cut down prosecutors' requested 20-month prison sentence after she was convicted of abusing a COVID-19-era program to obtain money from a retirement fund and conning a lender to obtain a vacation home, arguing the proposal "stray[s] from the reality of this case."
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May 17, 2024
Trump's Potential Witness Could Be Defense 'Dynamite'
As Donald Trump's hush money trial in Manhattan nears its end, experts say criminal defense attorney Robert Costello, who once advised the former president's ex-fixer and key prosecution witness Michael Cohen, has surfaced as a potentially bombshell witness for the defense.
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May 16, 2024
No Double Jeopardy In Philly Execs' Embezzlement Case
Two former Philadelphia nonprofit executives convicted for an embezzlement scheme weren't subject to double jeopardy when a judge rescheduled trial after several jurors left, the Third Circuit ruled Thursday, reasoning that the court had no other choice.
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May 16, 2024
Texas Court Tosses $222M Verdict In Worker Burn Death Suit
A Texas appeals panel on Thursday tossed a $222 million jury verdict in a suit alleging a piping repair company failed to properly service a faulty relief valve that caused a Kansas power plant worker's burn death, saying the Lone Star State was not the proper forum for the suit.
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May 16, 2024
'That Is A Lie!' Trump Atty Assails Cohen In Fraud Trial Cross
Donald Trump's lawyer lashed out at central prosecution witness Michael Cohen on Thursday during a second day of cross-examination in New York state's criminal fraud case, attacking his credibility and key testimony linking Trump to crimes.
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May 16, 2024
Trial Stream Failure Doesn't Violate Rights, Colo. Panel Finds
A Colorado state appeals court ruled Thursday that a trial that was livestreamed with inadequate audio and video did not violate the defendant's right to a public trial because there were still seats available in an open courtroom.
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May 16, 2024
Ex-Pistons Guard Denied Bail For Healthcare Scheme Appeal
A former Detroit Pistons point guard was denied bail Thursday while he appeals his conviction and 18-month prison sentence in a case where prosecutors accused ex-players of defrauding the NBA's healthcare plan.
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May 16, 2024
Carhartt Heiress's Atty Stole Millions, Jury Told
A jury trial kicked off Thursday in a case against a Michigan lawyer accused of embezzling millions of dollars from trusts belonging to the granddaughter of Carhartt Inc.'s founder, with one of her financial managers testifying that the attorney made loans to himself without permission.
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May 16, 2024
Ex-Pharma Exec Cops To Contempt For Barred Finance Work
A Boston federal judge on Thursday accepted a former pharmaceutical company executive's guilty plea to a criminal contempt charge for using an alias to work on a finance venture despite a U.S. Securities and Exchange Commission ban.
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May 16, 2024
11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit
An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."
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May 16, 2024
Roche Freedman Gets Split Ruling On Witnesses In Atty's Suit
A New York federal judge has issued a split decision on witness testimony in a dispute over the litigation boutique formerly called Roche Freedman.
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May 16, 2024
Coverage Recap: Day 14 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Thursday, day 14 of the trial.
Expert Analysis
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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A Closer Look At Evolving Early Release Programs
As the implementation of the First Step Act continues to progress and the U.S. Sentencing Commission amends its guidelines, white collar defense attorneys should understand the many mechanisms that can help reduce a client’s prison sentence early on in any case, say attorneys at Abell Eskew.
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Teach Your Witness About 'Good' And 'Bad' Testimony Words
To ensure honest and accurate testimony in trials and depositions, attorneys must take care to educate their witnesses about the problematic words opposing counsel may use, such as “always” and “must,” and the effective words they can use in response, like “potentially” and “depends,” say Steve Wood and Bill Kanasky at Courtroom Sciences.
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Unearthing The Lesser-Known 'Buried Facts' Doctrine
A New York federal judge’s recent suggestion that the “buried facts” doctrine may be applicable in the fraud trial of FTX cofounder Sam Bankman-Fried should serve as a reminder to attorneys in all kinds of cases involving corporate disclosures that this lesser-known rule could torpedo their defense, say Corban Rhodes and Li Yu at DiCello Levitt.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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5th Circ. Ruling Shows Need For Proffer Terms Negotiation
The Fifth Circuit’s recent U.S. v. Shah decision, holding that a defendant breached his proffer agreement, illustrates why defense attorneys should insist on negotiating the terms of such agreements with prosecutors to protect their clients at trial, say attorneys at Haynes Boone.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work
While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.
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How Zero-Point Offender Change Should Work Retroactively
After the U.S. Sentencing Commission voted to make its new zero-point offender amendment retroactive, counsel should understand several key issues for further advocacy, including arguments for a time-served sentence, to prevent unwarranted sentencing disparities, say attorneys at the Law Offices of Alan Ellis.
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How Zero-Point Offender Change Will Work Prospectively
The U.S. Sentencing Commission’s recent amendment, making defendants with zero criminal history points eligible for reduced sentences, is an important step toward decarceration, and counsel should understand how to effectively advocate for its application going forward, say attorneys at the Law Offices of Alan Ellis.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.