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Trials
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April 12, 2024
Charges In Trump Docs Case Aren't Specific, Personnel Say
Two men charged with conspiring to obstruct the investigation into whether former President Donald Trump illegally retained classified documents at Mar-a-Lago after leaving office urged a Florida federal court on Friday to dismiss the indictments against them, saying they don't specifically allege any crimes.
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April 12, 2024
Misconduct Doomed Dining Mat Patent Case, Fed. Circ. Rules
The Federal Circuit on Friday upheld a decision that a maker of toddler dining mats torpedoed its patent case against a rival with "unconscionable" misconduct, and ordered a lower court to reconsider findings that the patent is invalid but not unenforceable.
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April 12, 2024
Jackson Lewis Hires Employment Litigator In Baltimore
Employer-side firm Jackson Lewis PC has added a former U.S. Equal Employment Opportunity Commission litigator to its Baltimore office who says her experience with the federal bias watchdog gives her a comprehensive view on how to advise clients.
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April 12, 2024
Denver Jury Says Dish Wireless Didn't Flout Cell Tower Lease
A Denver jury has rejected a telecommunications infrastructure company's claim that Dish Wireless Inc. breached a lease for cell tower sites by failing to pay at least $22 million in extra rent, with jurors reaching a unanimous verdict after eight days of trial.
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April 12, 2024
Capital Recruiter Awarded $7.8M In Back Fees In Breach Suit
An Atlanta-area capital recruiting firm is owed more than $7.8 million in lost commissions from a former financial technology client that violated its agreement to pay the recruiter to connect it with investors, according to a verdict from a Georgia federal jury.
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April 12, 2024
Hytera Says It'll Be A 'Shell' If 7th Circ. Doesn't End Sanctions
China-based Hytera Communications has again asked the Seventh Circuit to pause a daily $1 million fine, worldwide product sales ban and other "crushing" sanctions an Illinois federal judge imposed for continuing a Chinese intellectual property suit against her orders, saying it will otherwise become "an empty corporate shell."
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April 12, 2024
Ex-Pfizer Worker's Pal Avoids Prison In Insider Trading Case
An electrical engineer was sentenced to probation Friday for trading Pfizer Inc.'s stock using confidential tips about the efficacy of its COVID-19 drug, after a Manhattan federal court recognized his decision to voluntarily assist prosecutors with the trial conviction of his friend, a former Pfizer employee who leaked insider information.
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April 12, 2024
Mich. High Court Snapshot: Atty Sanctions Kick Off April
The Michigan Supreme Court returns Tuesday for its April session, hearing oral arguments about judges' ability to sanction lawyers for past attorneys' work in a case, what defendants say could be double recovery in wrongful death cases, and an attempt to use a Larry Nassar-inspired law to sue Catholic priests for decades-old abuse allegations.
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April 12, 2024
Trump Trial's Anonymous Jury Signals Sacrifice Of Service
As jury selection begins Monday in the criminal trial of former president Donald Trump, the panel's identities will remain shielded from the public and the media. So-called anonymous juries are relatively new and rare, but they're being used more and more for high-profile cases in an age of doxxing and political polarization.
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April 12, 2024
Jury Says 3D Printing Firm Owes $17.3M For Infringing Patent
A Delaware federal jury has ruled that 3D printing company Markforged infringed one of two claims in a patent owned by smaller competitor Continuous Composites over a machine for 3D printing, putting it on the hook for more than $17.3 million.
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April 12, 2024
Panama Papers Attys Deny Money Laundering At Trial
Two attorneys who ran the Mossack Fonseca law firm in Panama, at the center of a 2016 leak that produced multiple convictions for tax evasion, pled not guilty with 27 others to money-laundering charges as a trial began in Panama, according to prosecutors.
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April 12, 2024
Up Next At High Court: Jan. 6, Gratuities & Ineffective Attys
The U.S. Supreme Court will return Monday for the term's last two weeks of oral arguments, during which it will consider whether the U.S. Department of Justice can use the Sarbanes-Oxley Act to prosecute defendants accused of storming the U.S. Capitol on Jan. 6, 2021, and the correct standard courts should apply when reviewing malicious prosecution claims.
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April 12, 2024
Ex-Philly Union Leader Denied Bench Trial In Extortion Case
A Pennsylvania federal judge has denied twice-convicted former International Brotherhood of Electrical Workers Local 98 leader John "Johnny Doc" Dougherty's request to have his third criminal trial — this time over extortion charges — handled by a judge instead of a jury.
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April 12, 2024
The Week In Trump: Catch Up On The Ex-President's Cases
Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.
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April 12, 2024
Santos Says Feds Withheld Key Evidence For Over A Year
Former U.S. Rep. George Santos accused New York federal prosecutors of withholding evidence that he said undermined their fraud and campaign finance charges against him.
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April 12, 2024
Trump Voir Dire Aims To Keep Ballot Box Out Of The Jury Box
As jury selection begins Monday in the first-ever criminal trial against a former president, experts say both the Manhattan District Attorney's Office and lawyers for Donald Trump will rely on voir dire questioning and social media sleuthing to keep out jurors who'd use their civic duty to "have a stronger vote in the next presidential election."
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April 11, 2024
Autonomy Became Less Transparent Before Sale, Jury Told
An ex-market analyst testifying Thursday in a California criminal trial over claims that former Autonomy CEO Michael Lynch duped HP into buying the British company for $11.7 billion told jurors that the company became less forthcoming about some of its accounting a couple of years before the sale.
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April 11, 2024
Race Bias Used To Form New Fla. Senate Districts, Voters Say
A group of Tampa-area residents has filed a federal lawsuit challenging the validity of a state Senate district map, claiming Florida officials wrongly used race as a factor to redraw two districts and diminished the ability of Black voters to elect representatives of their choice.
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April 11, 2024
JPMorgan Analyst's Acquittal Sinks Stock Tip Case, Man Says
A Los Angeles man is planning a Ninth Circuit appeal after he was found guilty of trading on privileged information supplied by a childhood friend who was an analyst at JPMorgan Securities LLC, reasoning that he could not be guilty because the friend was acquitted at a separate trial.
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April 11, 2024
Pool Co. Gets Rival's Assets Frozen After False Ads Verdict
A North Carolina federal judge on Thursday temporarily froze the assets of a Chinese manufacturer of pool products and its American subsidiary after they were hit with a multimillion-dollar verdict for false advertising and unfair business practices, citing a concern they may move assets to try and duck payment.
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April 11, 2024
Odebrecht Exec Details Bribes To Ex-Ecuador Comptroller
The former director of Odebrecht SA's operations in Ecuador told jurors Thursday that he paid millions in bribes to "Miami" — a code name for Ecuador's former comptroller — related to various infrastructure projects the Brazilian conglomerate was building in the country.
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April 11, 2024
Ga. Judge Tosses Immigrant Voting Rights Suit Mid-Trial
As attorneys for the Georgia Secretary of State's office prepared to mount their defense Thursday against a lawsuit challenging the legality of how the state adds newly naturalized citizens to its voter rolls, an Atlanta federal judge instead announced she was dismissing the case mid-trial.
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April 11, 2024
Feds Agree To Settle Damages Over 2018 Migrant Separations
The Biden administration is on track to settle two lawsuits from families that alleged serious harm from a Trump-era policy that resulted in children and parents being separated at the southern border, according to Arizona federal court filings.
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April 11, 2024
State Bar Attys Fight Eastman's Bid To Activate Law License
The State Bar of California has formally opposed John C. Eastman's motion to stay a March order placing him on inactive status pending appeal of a recommendation that he be disbarred.
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April 11, 2024
OJ Simpson's Jury Was Sequestered. Why Not Trump's?
Unlike jurors in the murder case of O.J. Simpson, the 12 Manhattanites picked to hear criminal charges against Donald Trump likely won't be sequestered during the trial — easing psychological and financial burdens but potentially exposing them to outside pressures.
Expert Analysis
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Opinion
Time To Ban Deferred Prosecution For Fatal Corporate Crime
As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.
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Questions Awaiting Justices In 'Repugnant' Verdicts Hearing
In McElrath v. Georgia, the U.S. Supreme Court will decide whether the double jeopardy clause bars retrial when a jury reaches a so-called repugnant, or logically contradictory, verdict — with the ultimate resolution resting on how this narrow issue is framed, say Brook Dooley and Cody Gray at Keker Van Nest.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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1st Tax Easement Convictions Will Likely Embolden DOJ, IRS
After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Reconstruction-Era Laws Show Jan. 6 Cases Are Not Political
The renewed use of Reconstruction-era laws in indictments stemming from the Jan. 6 insurrection demonstrates that these statutes serve as a bulwark against erosion of the federal system, and provides a counterpoint to the public accusations that certain prosecutions are politically motivated, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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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.