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Trials
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June 14, 2024
Judge Grants New Trial In Abu Ghraib Torture Liability Case
A Virginia federal judge on Friday granted a new trial to victims of torture at the Abu Ghraib military prison in Iraq who have accused a CACI International unit of aiding and abetting their ordeal, after a jury deadlocked in the case.
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June 14, 2024
Judge Won't Undo Save Of J&J Patent After Fed. Circ. Ruling
A federal court has refused to reconsider a March decision finding Tolmar failed to show a patent on Janssen's blockbuster schizophrenia drug Invega Sustenna was invalid as obvious.
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June 14, 2024
'Bless Your Heart': The Art Of Taming A Chatty Witness
When a former U.S. Department of Agriculture official took the stand as a prosecution witness in the federal corruption trial of Sen. Robert Menendez, he took great pains to be clear and complete in his answers — so much so that prosecutors, defense attorneys and the judge repeatedly asked him to talk less.
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June 14, 2024
'Alkaline Water' Co. Owes Another $3.1B For Liver Failures
A Las Vegas jury awarded $3 billion in punitive damages and $89.75 million in compensatory damages Friday to a group of children and adults who experienced severe liver problems after drinking toxin-adulterated "alkaline water," adding to the product maker's legal woes.
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June 14, 2024
Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer
In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.
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June 14, 2024
Guo's Crypto Venture Raised 'Red Flags,' Investigator Says
A compliance investigator at cryptocurrency wallet provider BitGo testified in Manhattan federal court Friday that he identified multiple "financial crime red flags" in the digital asset exchange promoted by Chinese dissident Miles Guo.
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June 14, 2024
Senate Passes Bill For State, Local Judge Security
The U.S. Senate has passed a bill unanimously to better protect state and local judges from threats amid "unacceptable attacks" on the judiciary.
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June 14, 2024
Chamblee Ryan Gets $1M Legal Malpractice Verdict Tossed
Chamblee Ryan PC has escaped a $1.1 million jury verdict in a malpractice suit brought by former client JBS Carriers Inc., with a Texas appeals court finding that the food transportation giant failed to submit expert testimony showing that the firm was negligent in failing to settle an underlying car crash lawsuit.
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June 14, 2024
DOJ's Google Ad Tech Suit Bound For Sept. Trial
A Virginia federal judge said Friday that the U.S. Department of Justice's lawsuit accusing Google of monopolizing technology used to place ads on third-party websites will go to trial, finding too many factual disputes to let the search giant nix the case.
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June 13, 2024
Seattle Port Presses Ex-Police Chief At Trial On HR Bashing
The Port of Seattle confronted its former police chief on the stand Thursday in attempt to show it lawfully fired him for retaliating against an officer, presenting to jurors an email in which the ex-chief criticized the officer for complaining to HR, "the one place who would give him sanctuary."
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June 13, 2024
Goldman Exec's 'Mind Entirely Blown' By Fake Ozy Media Call
A former Goldman Sachs executive who was looking into taking a stake in Carlos Watson's Ozy Media testified on Thursday that she was floored during a due diligence call when it became clear that someone was impersonating a YouTube executive in an apparent effort to persuade the bank to invest in Watson's startup.
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June 13, 2024
DirecTV's 'NFL Tax' Gouged Sunday Ticket Buyers, Jury Told
DirecTV gouged its Sunday Ticket subscribers by charging 24.6% above the "optimal price" it should have charged if the company was looking to maximize its profits instead of instituting an "NFL tax," an economist told a California federal jury considering multibillion-dollar antitrust claims against the league on Thursday.
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June 13, 2024
Menendez Trial Delayed After Co-Defendant Gets COVID
The bribery trial against U.S. Sen. Bob Menendez and associates has been halted for at least two days because co-defendant Fred Daibes has COVID-19, a judge said Thursday afternoon.
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June 13, 2024
House Hearing On NY Trump Prosecutors Flirts With Chaos
The House Judiciary Committee spiraled Thursday morning after Rep. Matt Gaetz demanded a vote to subpoena Manhattan District Attorney Alvin Bragg, who charged former President Donald Trump with 34 felonies, of which he has been convicted, and the Republican chair of the committee had to call for a recess.
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June 13, 2024
Samsung Wants $26M Fees In IP Case Ended By Misconduct
Samsung told a Texas federal judge that it plans to ask for about $26 million in attorney fees after he threw out infringement litigation that hinged on confidential documents that he ruled were stolen by the tech giant's former employees.
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June 13, 2024
Jury Finds Infringement In Chart Copyright Case
A Washington federal jury on Thursday found that a software company infringed copyright registrations for a teaching chart, awarding leadership consulting company Enterprise Management Ltd. $8,000 but finding that the infringement was not willful.
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June 13, 2024
Colo. Judge's Voir Dire Tip: Jurors Dislike Judgmental Attys
The District of Colorado's chief judge urged attorneys to tread carefully while playing jurors off one another during voir dire, telling lawyers at a presentation Thursday that referencing another juror's response can come off as judgmental.
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June 13, 2024
A Chronology Of The Hunter Biden Investigation
The story behind President Joe Biden's son Hunter Biden's conviction on federal gun charges started with a gun purchase in 2018, was complicated by a laptop repair in 2019, and could bleed into an upcoming trial on federal tax charges in California in September.
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June 13, 2024
Red Roof Had 'Revolving Door' For Trafficking, Ga. Jurors Told
A former Red Roof Inn Inc. employee and the leader of a nonprofit testified Thursday about sex trafficking they saw take place at two metro Atlanta Red Roof Inn locations as part of a landmark civil trial in which 11 women allege the company knew trafficking was taking place at the locations and did nothing to stop it.
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June 13, 2024
Mass. Court Blesses Broad Liability In BMW Dealer Wage Suit
An intermediate Massachusetts appellate panel on Thursday ruled that a BMW dealership employee can sue not only her direct employer for wage law violations, but also a separate company that manages the dealership.
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June 13, 2024
How 3 Firms Cleared 2 Ex-Autonomy Execs In HP Fraud Case
A California federal jury's rejection last week of fraud charges against the founder and former finance vice president of British software company Autonomy validated an approach by the defendants' three law firms — Steptoe, Clifford Chance and Bird Marella — to form a "seamless" collaboration throughout the trial, from jury selection to closing arguments.
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June 12, 2024
NFL Exec Denies League Fixed Sunday Ticket Price At Trial
One of the NFL's top executives denied on the witness stand Wednesday in a California federal courtroom that the league dictated the cost of the DirecTV Sunday Ticket package, pushing back when an attorney for subscribers bringing multibillion-dollar antitrust claims suggested some internal emails are evidence the league fixed the price.
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June 12, 2024
Menendez Wanted Certain Case Scrutinized, US Atty Testifies
New Jersey U.S. Attorney Philip Sellinger took the stand Wednesday in the bribery trial against onetime friend Sen. Robert Menendez, telling a New York federal jury he had to rebuff the senator's request for a "careful" look at a case against one of the men alleged to have bribed Menendez.
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June 12, 2024
Hytera Tried 'End Run' Around Court's Power, Motorola Says
Hytera Communications should not be able to get around an antisuit injunction that forced it to end Chinese litigation addressing mobile radio trade secrets, Motorola Solutions told the Seventh Circuit on Tuesday, arguing that Hytera must be stopped from doing an "end run" around the American case against it.
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June 12, 2024
Lies At Heart Of Fraud Case Over COVID Test Kits, Jurors Told
The retrial of a securities fraud case over a COVID test kit deal that never materialized will center on lies, according to opening statements delivered in New Jersey federal court Wednesday.
Expert Analysis
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Trending At The PTAB: Permissible New Reply Arguments
In the time since the Federal Circuit’s Axonics ruling, the Patent Trial and Appeal Board has allowed petitioners to raise new unpatentability grounds in response to unforeseeable claim constructions in petitions, and reiterated that a petition need not anticipate every argument that may be raised in the response, say Joseph Myles and Timothy May at Finnegan.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Perspectives
Justices' Forfeiture Ruling Resolves Nonexistent Split
The U.S. Supreme Court’s decision in McIntosh v. U.S., holding that a trial court’s failure to enter a preliminary criminal forfeiture order prior to sentencing doesn’t bar its entry later, is unusual in that it settles an issue on which the lower courts were not divided — but it may apply in certain forfeiture disputes, says Stefan Cassella at Asset Forfeiture Law.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Circumstantial Evidence Requires A Pointillist Approach
Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.
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Questions Persist After Ruling Skirts $925M TCPA Award Issue
After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.
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Discord Stock Case Toss Means Little For Fraud Defendants
A Texas federal court’s recent dismissal of fraud charges related to a "pump and dump" scheme on Discord is an outlier after the U.S. Supreme Court scrapped the right-to-control theory of fraud last year, and ultimately won't deter the government from pursuing routine securities prosecutions, says William Johnston at Bird Marella.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Texas Hair Bias Ruling Does Not Give Employers A Pass
A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.