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Trials
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May 30, 2024
Data Co. Exec, Worker Guilty Of Fraud In Mail Scam Case
A Colorado federal jury on Thursday convicted two former Epsilon Data Management employees for their roles in selling data to mail scammers who preyed on the elderly and vulnerable.
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May 30, 2024
Calif. Judge Censured For Mid-Trial Text To Prosecutor
A Los Angeles judge has received a severe public censure for sending a text message to a prosecutor during a murder retrial in order to influence her decision to call a rebuttal witness, then trying to minimize the ex parte communication by making misleading statements after the fact.
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May 30, 2024
Live Coverage: NY Jury Resumes Deliberations In Trump 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. Follow along here.
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May 30, 2024
Justices Back Ariz. Execution Despite Trial Lawyer's Miscues
Three decades after an Arizona man fatally bludgeoned a friend, a young girl and a grandmother, the U.S. Supreme Court on Thursday ended his efforts to escape execution, finding that a trial lawyer's incomplete illustration of the man's psychologically damaging experiences doesn't merit leniency.
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May 29, 2024
Meta's Policy On Threats List 'Sounds Nefarious,' Judge Says
The California federal judge overseeing claims Meta blacklists certain adult performers questioned the social media giant's practice of keeping its list of dangerous organizations and individuals as a "living document" that changes constantly and isn't archived, saying the policy appears to destroy evidence and "sounds nefarious."
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May 29, 2024
Autonomy Founder Pushed Sales Team Hard, Jury Hears
A federal prosecutor cross-examining ex-Autonomy CEO Michael Lynch on Wednesday in a criminal fraud trial over claims the British tech tycoon conned HP into overpaying billions for his software company sought to portray Lynch as an overbearing leader who put intense pressure on his team to generate "revenue revenue revenue."
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May 29, 2024
Verizon Urges Court Not To Postpone VoIP-Pal Patent Trial
Verizon is fighting a bid by patent litigation company VoIP-Pal.com to get U.S. District Judge Alan Albright to delay sending the Texas federal suit against the telecom giant to a jury, amid a feud over getting a "do-over" on VoIP-Pal's $5 billion damages request.
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May 29, 2024
Carhartt Heiress Atty Says He Wanted To Pay Back $15M Loan
A Michigan attorney accused of exploiting his wealthy Carhartt heiress client as trustee testified Wednesday that he intended to repay the roughly $15 million he had loaned himself from her trust, as he took the stand during the second week of a jury trial.
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May 29, 2024
NY Jury Eyes Trump Tower 'Conspiracy' As Deliberations Start
Jurors in Donald Trump's criminal hush money trial ended their first day of deliberations Wednesday without a verdict, as the panel appeared to home in on testimony about a key 2015 meeting where the alleged scheme was hatched.
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May 29, 2024
Fed. Circ. Backs Claim Invalidity In Express Mobile Web Patent
The Federal Circuit has backed a Patent Trial and Appeal Board decision that a single claim of an Express Mobile website generation patent was invalid as obvious based on earlier inventions.
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May 29, 2024
Ford Can Keep Win In Ex-Worker's Hostile Workplace Suit
A former Ford employee can't get a new trial on claims that a co-worker's lewd comments and overtures led to a hostile work environment, a Michigan federal judge has ruled, finding there is sufficient evidence to support the jury's verdict in the automaker's favor.
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May 29, 2024
Ex-Philly Union Leader Wants To Delay New Extortion Trial
Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty, who was convicted of bribery and embezzlement but escaped a third conviction when the jury deadlocked at his extortion trial, asked Wednesday that the prospective new trial date on the extortion charges be pushed back due to his attorney's scheduling conflict.
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May 29, 2024
Pool Co. Can't Avoid, Delay Paying $16M False Ad Verdict
A North Carolina federal judge has cleared the way for an American swimming pool parts supplier to go after a $16 million judgment from its Chinese rival for false advertising and unfair business practices following a weeklong jury trial earlier this year.
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May 29, 2024
Weinstein Could Face Added Assault Charges In Retrial
New York prosecutors planning to retry Harvey Weinstein this fall after his rape conviction was overturned said Wednesday they may file an expanded indictment after hearing from new sexual assault claimants.
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May 29, 2024
The NFL's $6 Billion Question: Is Sunday Ticket A Racket?
After nearly a decade of testy antitrust litigation, the NFL finds itself on the precipice of a trial that could put it on the hook for billions of dollars if a California jury finds that the league and its teams illegally colluded with DirecTV in pricing its Sunday Ticket broadcast package.
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May 29, 2024
Contractor Talking To Juror Warrants Contempt, NC Panel Told
A general contractor interfered with the court when he spoke to a juror during a civil trial involving his company, state prosecutors told a North Carolina appellate court in seeking to have the contractor's contempt conviction upheld.
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May 29, 2024
Archegos Jury Gets Glimpse At Founder's Earlier Legal Woes
A banker told a Manhattan jury Wednesday that Archegos founder Bill Hwang's 2012 run-in with the law at his previous hedge fund was concerning, but details were largely kept from jurors hearing charges against Hwang over Archegos's $36 billion collapse.
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May 29, 2024
Menendez Trial Judge Sticks With Order Barring Texts
The federal judge presiding over the corruption trial of U.S. Sen. Robert Menendez announced Wednesday that he is holding firm to his decision barring prosecutors from using text messages to bolster their claims that the New Jersey Democrat took bribes in exchange for authorizing millions of dollars in aid for Egypt.
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May 29, 2024
Coverage Recap: Day 1 Of Deliberations In Trump's NY 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 the first day of deliberations Wednesday.
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May 28, 2024
Autonomy Founder Says HP 'Panicked,' Tried To Unwind Deal
Autonomy founder Michael Lynch testified Tuesday in a California federal criminal trial over claims he conned HP into overpaying for his company that HP's board "panicked" after news of the acquisition leaked and HP's stock dropped 20%, that HP fired its CEO and that it attempted to back out of the deal.
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May 28, 2024
Boeing Jury Urged To Reject Electric Startup's $200M IP Ask
Counsel for Boeing Co. told a jury to reject Zunum Aero Inc.'s claim it deserves nearly $200 million for alleged trade secrets misappropriation, saying during closing arguments Tuesday that Zunum wants to shift blame away from its own failures.
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May 28, 2024
Abbott, Dexcom Call For New Glucose Monitor Patent Trial
Just over two months after a jury in Wilmington, Delaware, handed down a mixed verdict in a patent lawsuit over glucose monitors, both sides are now asking the judge to give them another trial.
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May 28, 2024
Data Co. Exec Misled GC About Scammer Sales, Feds Tell Jury
A former Epsilon Data Management executive was well aware that a division of the direct marketing and data company was selling information about millions of consumers to fraudsters and worked to keep the firm's general counsel in the dark about the details, federal prosecutors told a Denver jury Tuesday.
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May 28, 2024
Trump Atty Calls Cohen 'MVP Of Liars' As NY Trial Closes
Donald Trump's counsel repeatedly assailed the credibility of star witness Michael Cohen Tuesday in a final pitch to the New York jury that will decide whether to convict the former president of falsifying business records, calling Cohen "an MVP of liars" and "the human embodiment of reasonable doubt."
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May 28, 2024
Chiquita Ops Chief Says Militant Leader Extorted Company
Chiquita's former head of Colombia operations took the stand Tuesday for the second time in a trial over the banana company's funding of right-wing paramilitaries, recounting to jurors how he was summoned to the house of a notorious paramilitary boss to convey what he said were threats on the company's business.
Expert Analysis
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Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manningat Blackbird.
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Crypto Mixer Laundering Case Provides Evidentiary Road Map
A Washington, D.C., federal court’s recent decision to allow expert testimony on blockchain analysis software in a bitcoin mixer money laundering case — which ultimately ended in conviction — establishes a precedent for the admissibility of similar software-derived evidence, say Peter Hardy and Kelly Lenahan-Pfahlert at Ballard Spahr.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.