• August 18, 2017

    Jury Hands J&J, Bayer Win In 3rd Xarelto Bellwether

    A Mississippi federal jury on Friday sided with Johnson & Johnson unit Janssen Pharmaceuticals Inc. and Bayer HealthCare Pharmaceuticals Inc. in a bellwether case brought by a woman claiming the blood thinner Xarelto caused gastrointestinal bleeding that required her hospitalization, according to the plaintiff’s and defendants’ representatives.

  • August 18, 2017

    Ex-ArthroCare CEO Convicted Again In $750M Fraud Scheme

    A Texas federal jury Friday found the former CEO of ArthroCare Corp. guilty of wire fraud and securities fraud for his role in a scheme to inflate the medical device company’s sales and revenue numbers, which cost investors $750 million, after his first conviction was vacated and gave way to a retrial.

  • August 18, 2017

    DirecTV Didn't Test Effect Of Ad Disclosures, Exec Says

    DirecTV’s former marketing director testified in a bench trial Friday that the satellite TV provider didn't test the effectiveness of disclosures included in ads that are at the center of the Federal Trade Commission’s $3.95 billion suit alleging its marketing practices misled consumers.

  • August 18, 2017

    8th Circ. Asked To Award Profits In Fastener TM Dispute

    B&B Hardware Inc., a metal fastener manufacturer locked into a longstanding trademark dispute with rival Hargis Industries Inc., has asked the Eighth Circuit to drill down on a jury's finding that Hargis is liable for trademark infringement but doesn't owe any of its profits to B&B.

  • August 18, 2017

    Stockholder Suit Over $353M Martha Stewart Sale Nixed

    Domestic diva Martha Stewart followed “with precision” measures to protect minority stockholders during the $353 million sale of her company to Sequential Brands Group, Inc. in late 2015, a Delaware vice chancellor said Friday in a ruling that dismissed shareholder challenges to the deal.

  • August 18, 2017

    J&J Unit Looks To Block Damages After Pelvic Mesh Win

    A Johnson & Johnson unit has launched an appeal challenging a Pennsylvania judge's order reviving a woman's bid for damages over injuries she claims she suffered after receiving a pelvic mesh implant, despite a recent jury verdict clearing the company of liability.

  • August 18, 2017

    It’s Time For Deal Talks, Attys In Zimmer Knee MDL Told

    The Illinois federal judge overseeing multidistrict litigation over medical device manufacturer Zimmer Inc.’s NexGen knee implants said Friday she expects the parties to engage in serious settlement talks or mediation in the more than six-year-old case.

  • August 18, 2017

    No $4.6M Sanctions For MasterCard's 'Reproachable' Move

    A New York federal judge has blocked a $4.6 million sanctions bid against MasterCard by a former payment-processing partner, saying that even though MasterCard's running up of its opponent’s legal fees on a key question before trial may have been “reproachable,” both sides had the unambiguous contract in front of them the whole time.

  • August 17, 2017

    Juror Bias Claim Can’t Save Med Mal Suit, Ohio Court Says

    An Ohio appeals court on Thursday affirmed a jury’s verdict in favor of a doctor and others accused of misdiagnosing a woman’s bowel ailment that purportedly caused injuries, rejecting the patient’s claim that a physician should not have been allowed to serve on the jury.

  • August 17, 2017

    Feds Urge Nix Of Ex-Hunton Atty's New Trial, Acquittal Bids

    Federal prosecutors urged a New York federal court on Wednesday to deny former Hunton & Williams LLP patent lawyer Robert Schulman's bids for acquittal and a new trial, saying his new arguments about the government's supposed failure to prove a single insider trading conspiracy between him, his investment adviser and a friend of the adviser are "meritless."

  • August 17, 2017

    Xarelto Patient Says Jury Can Decide Claims

    A woman claiming that the blood thinner Xarelto caused gastrointestinal bleeding that required her hospitalization told a Louisiana federal judge on Thursday that Johnson & Johnson unit Janssen Pharmaceuticals Inc. and Bayer HealthCare Pharmaceuticals Inc. can’t put an end to her bellwether trial.

  • August 17, 2017

    Ground Rules Set For Amtrak Cleanup Coverage Battle In NY

    A New York federal judge on Thursday laid ground rules for how a jury should determine whether Amtrak is entitled to coverage from scores of insurance companies for environmental cleanup costs and held that, if multiple policies are triggered, the insurers must spread coverage proportionally on a pro rata basis.

  • August 17, 2017

    Ex-DirecTV Exec Says Ad Disclosures Weren't His Focus

    DirecTV’s former chief sales and marketing officer testified Thursday in the Federal Trade Commission’s $3.95 billion bench trial over DirecTV’s allegedly misleading marketing practices, conceding that he directed his team not to make disclosures about the limited duration of promotional pricing more prominent in ads.

  • August 17, 2017

    For-Profit College's CEO Wants Pause Of $1.9M Forfeiture

    The owner of a now-defunct for-profit college convicted of stealing government funds through falsified loan and grant applications asked a Florida federal court Thursday to pause a $1.9 million forfeiture order while he appeals his case, arguing that he was denied due process and has strong arguments on appeal.

  • August 17, 2017

    Hillshire Owes $13M To Calif. Family Over Asbestos Death

    Tyson Foods Inc. unit Hillshire Brands Co. was slapped with a $13 million verdict on Wednesday after a California federal jury found the company had negligently allowed a resident of a company town to be exposed to asbestos for years, eventually leading to his death.

  • August 17, 2017

    Former FTC Litigator Joins Constantine’s Antitrust Practice

    Constantine Cannon LLP has nabbed a former Federal Trade Commission Bureau of Competition trial lawyer to join the firm's antitrust practice as a partner in its Washington, D.C., and San Francisco offices, where he will represent health care, pharmaceutical, retail and technology clients.

  • August 17, 2017

    Gambler’s SEC Suit Stayed For Criminal Case Ruling

    A New York federal judge has stayed the U.S. Securities and Exchange Commission’s $43 million insider trading case against prominent sports gambler Billy Walters involving Dean Foods, agreeing that it is better to wait until after a ruling is handed down concerning financial penalties in his criminal proceeding.

  • August 17, 2017

    Authors Of CIA Interrogation Program Settle Torture Suit

    Two psychologists accused of creating and implementing a controversial torture program for the Central Intelligence Agency agreed Thursday to settle the suit in Washington federal court for an undisclosed amount.

  • August 17, 2017

    SEC Tosses Fund Manager 'Death Put' Scheme

    A Securities and Exchange Commission in-house judge on Wednesday dismissed enforcement staff's claims that a New York hedge fund manager defrauded bond issuers by recruiting terminally ill patients to profit on early redemptions, praising the manager's integrity and suggesting he fairly exploited a Wall Street loophole.

  • August 17, 2017

    Comcast Can’t Increase $1.5M Award In Sprint Text IP Suit

    A Pennsylvania federal judge on Wednesday denied Comcast Cable Communications’ request for a new trial to increase the $1.5 million jury award it received in its patent suit accusing Sprint Communications Company of stealing text message technology, saying there was sufficient evidence to support the jury’s decision.

Expert Analysis

  • Liability Doesn't Have To Mean Punitive Damages Too


    Last month a Florida jury returned a verdict against R.J. Reynolds Tobacco Co., but declined to impose punitive damages. This result underscores the importance and value of a focused punitive damages defense — especially in mass tort contexts where compensatory liability may be difficult to fully avoid, says Mitchell Morris of McGuireWoods LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Series

    What I Learned In My 1st Year: Lessons From Willy Wonka

    Thomas Ciarlone Jr.

    As a new associate faced with vexing facts and unfavorable case law, I confidently told a senior partner that there was no way to win. The partner's response taught me something vital about the legal profession, and reflected the wisdom of Willy Wonka's "105 percent" formula, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC.

  • 'Nonbinding' Still Means 'Nonbinding' In Texas

    Roxanne Almaraz

    Last month, a Texas court reversed a $535 million jury verdict against Enterprise Products Partners LP, leaving Energy Transfer Partners LP empty-handed, and holding that no binding partnership had been inadvertently formed between the companies. Contract lawyers and many would-be midstream joint venturers are breathing a collective sigh of relief, say Roxanne Almaraz and Alyssa Ladd of King & Spalding LLP.

  • 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.