Trials

  • May 24, 2022

    Viasat's $49.3M Jury Verdict Safe, But Trade Secret Win Nixed

    Viasat Inc. held onto its $49.3 million jury verdict win stemming from a California state jury's finding that Acacia Communications breached its contract, but a state appellate court on Monday reversed the jury's finding that Acacia misappropriated trade secrets and breached the implied covenant of good faith.

  • May 24, 2022

    Ex-Anda Chief OK'd Unlimited Opioid Supplies, Judge Hears

    The former head of drug distributor Anda Inc. allowed some corporate customers to order unlimited supplies of opioids, a federal judge heard on Tuesday in a bellwether trial over claims Anda, Walgreens and drugmakers Teva and Allergan illegally fueled San Francisco's opioid epidemic.

  • May 24, 2022

    Judge Slashes $55M Jury Verdict In 3M Earplug Bellwether

    The judge overseeing multidistrict litigation over injuries caused by faulty 3M Co. earplugs sold to the military slashed a jury's $55 million award to one plaintiff in a bellwether case to $21.7 million on Tuesday, citing statutory caps under Colorado law.

  • May 24, 2022

    Aerojet CEO Reportedly Offers $48M Deal To End Control War

    Aerojet Rocketdyne Holdings Inc. CEO Eileen Drake is reportedly in talks to end a bitter Delaware Chancery Court company control fight in exchange for a $48 million deal that includes a five-year consulting agreement, a source familiar with the development said late Tuesday.

  • May 24, 2022

    Sam's Club Denied Quick Win In Ex-Worker's Retaliation Suit

    Sam's Club must face a suit alleging it fired an employee for reporting she was being sexually harassed by colleagues, after a Georgia federal judge said a store manager's decision to override an investigator's recommended discipline should be considered by a jury.

  • May 24, 2022

    PTAB Needs Tougher Rules To Thwart Abusive IPRs, Attys Say

    The U.S. Patent and Trademark Office should strengthen its ethical rules in response to allegations by VLSI Technology LLC that challenges to patents at the heart of a $2.18 billion jury verdict against Intel Corp. are abusive, attorneys said Tuesday.

  • May 24, 2022

    Justices Urged Not To Review $87M Monsanto Roundup Loss

    A couple who won $87 million against Monsanto over claims that Roundup weedkiller produced by the Bayer AG subsidiary caused their fatal blood cancer urged the U.S. Supreme Court to reject Monsanto's certiorari petition, arguing their design defect failure-to-warn claims challenged the product's safety and aren't preempted by federal statute.

  • May 24, 2022

    3rd Trial Doesn't Trigger Double Jeopardy For Chicken Execs

    A Colorado federal judge once again has refused to nix criminal price-fixing charges against poultry executives, ruling that even two mistrials ahead of the U.S. Department of Justice's looming third attempt to convict them do not create unconstitutional double jeopardy.

  • May 24, 2022

    'We Build The Wall' Fraud Defendant Tells Jury Work Was Legit

    A Colorado real estate agent who hawks Donald Trump-themed energy drinks online denied Tuesday that he helped loot a fundraising effort to wall off the United States from Mexico, telling a Manhattan federal jury that the effort was aboveboard.

  • May 24, 2022

    $14M Deal Reached In Oil Co. Stock Fraud Class Action

    A class of Dakota Plains Holdings Inc. investors asked a New York federal judge on Monday to give the first green light to a nearly $14 million settlement they reached with the defunct oil transloading company's officers and directors over a purported stock manipulation scheme.

  • May 23, 2022

    Joint Juice Is 'Snake Oil,' Not Health Aid, Jurors Hear

    A Post Holdings Inc. subsidiary is selling "snake oil" in the form of a dietary supplement called Joint Juice, with false health benefit claims supported by "hacks and quacks," a lawyer for a consumer told jurors Monday at the start of a consumer class action trial in California federal court.

  • May 23, 2022

    DEA Draws Judge's Ire In Calif. Opioid Trial

    The federal judge overseeing a high-stakes trial related to San Francisco's opioid crisis said testimony from an ex-Actavis executive Monday about the U.S. Drug Enforcement Administration reminded him of the agency's flawed handling of an opioid concern in another case, saying the government had "failed" in that matter.

  • May 23, 2022

    Aerojet Control Feud Shifts To Del. Court In Run-Up To Vote

    Warring sides in a bitter public brawl over control of deadlocked U.S. rocket maker Aerojet Rocketdyne Inc. traded conflict and temporary restraining order violation claims on Monday as the Delaware Chancery Court opened a three-day trial on alleged director and board subterfuge in the run-up to a special stockholder meeting.

  • May 23, 2022

    Comcast Can Tell Jury About Noninfringing Guide Alternatives

    A federal judge in Florida on Monday will allow Comcast Cable Communications LLC to argue before a jury that its Xfinity brand could have possibly designed around a patent that purports to cover the interactive programming guides at the very heart of Comcast's business, rejecting an online television streaming company's bid to block that argument.

  • May 23, 2022

    DA Rebuffs Trump Org, CFO's Bid To Escape Tax Fraud Case

    The Manhattan district attorney said the tax fraud evidence against longtime Trump Organization finance chief Allen Weisselberg has nothing to do with politics or his previous federal grand jury testimony, waving off the CFO's narrative of a tainted prosecution.

  • May 23, 2022

    Juror's Post Won't Be VLSI's Kryptonite In $2B Win Over Intel

    Intel's attempt to discredit a jury member who made a Lex Luthor-themed Facebook post in the middle of a computer chip patent trial where the tech giant lost more than $2 billion to VLSI is based entirely on speculation, U.S. District Judge Alan Albright said in an 8-month-old order unsealed Monday.

  • May 23, 2022

    Miami Hotel Operator Says Firing Was Revenge For Divorce

    An Argentinian man who previously ran a luxury South Beach hotel told a Florida federal judge on Monday that his former father-in-law unjustly fired him from his job as an act of revenge for his divorce and owes him millions in damages.

  • May 23, 2022

    Former Ravens President Rejects Ex-NFLer's ERISA Claims

    Former Baltimore Ravens President and NFL retirement plan board member Richard "Dick" Cass on Monday defended the plan's decision to deny a retired Super Bowl-winning running back placement into a higher benefits class, telling a Texas federal judge he stands by the decision despite claims that it violated federal benefits law.

  • May 23, 2022

    Chip Biz Seeks New Trial After 'Unfair' Cross-Exam Of Inventor

    Microchip Technology Inc. wants a new trial after losing in front of a Delaware federal jury last month, pinning the setback in part on what it calls unfair cross-examination questions that prompted a Microchip engineer to try and fail "to compare two patent claims on the fly."

  • May 23, 2022

    Court Exec Went From Career 'Relaunch' To Fired, Jury Hears

    A former Massachusetts court official opened her retaliation trial against the Bay State's trial court on Monday, promising federal jurors that they'd hear no honest explanation of why plans to "relaunch" her career changed into termination after she reported a co-worker's racist remark.

  • May 23, 2022

    Monsanto Urges High Court To Take Up $25M Roundup Verdict

    Monsanto on Monday urged the U.S. Supreme Court to take up its petition to review a jury's $25 million award over claims that the Bayer AG unit's weedkiller Roundup causes cancer, arguing that the federal government's recent amicus brief has "no sound reason" why it shouldn't be granted.

  • May 23, 2022

    'Varsity Blues' Or Not, Last Parent Headed To Trial In June

    A parent charged with bribing a former Georgetown University tennis coach and a recruiter to get his daughter admitted to the D.C. school will stand trial in June, as attorneys debated Monday whether the case is part of the headline-grabbing "Varsity Blues" probe.

  • May 23, 2022

    Bank's $45M Tilton Suit Will Go To Jury Despite Virus Spike

    A German bank's $45 million fraud suit against Lynn Tilton and her investment fund will go before a jury in July, after a Manhattan state judge on Monday rejected the bank's bid to pivot to a bench trial because of a spike in coronavirus cases.

  • May 23, 2022

    Ga. Financial Firm Wins $1.5M In GunBroker.com Fee Trial

    A federal jury has awarded $1.5 million to a Georgia financial advisory firm in its dispute with an online gun broker over unpaid fees for an $180 million enterprise valuation the firm provided to the retailer in 2018.

  • May 23, 2022

    Sussmann's Clients Not 'Dispositive' For Probe, Official Says

    A former FBI counterintelligence chief testified Monday that a tip in 2016 about a supposed connection between then-presidential candidate Donald Trump and a Russian bank would represent a potential national security threat and that the tipster's motivation would not be "dispositive" on whether to open an investigation.

Expert Analysis

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • Addressing Low Response Rates In Expert Surveys

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    While expert witnesses are receiving dwindling responses to the surveys they conduct to gauge public beliefs and attitudes, recent cases show that a low response rate need not make a survey inadmissible in court, say Kristen Backor and Yamimi Jena at Charles River Associates, and Brandon Duke at Winston & Strawn.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • The State Of Intradistrict Venue Transfer In West Texas

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    Parties litigating in the Waco Division of the Texas federal courts — home of the judge with the most patent cases in the country — have the option of requesting transfer for convenience to other divisions in the Western District of Texas and should be aware of how that process has evolved in the past several years, says Clarence Rowland at O’Melveny.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • Can And Should A Court Limit Repeated Retrials?

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    The existing state of U.S. law on the issue of repeated retrials is neither settled nor satisfactory, and a recent federal prosecution of chicken industry executives for alleged price-fixing raises the question of whether there should be some limit on the number of retrials following hung juries, says Steven Gordon at Holland & Knight.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

  • Why Contempt May Be Apt Punishment For High Court Leaker

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    Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

  • Improving Defense Case Stories In An Age Of Misinformation

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    If defense lawyers reflect on how COVID-19 misinformation permeated public discourse, they will find courtroom lessons on telling a complete, consistent and credible story that prevents jurors from filling in the blanks themselves, says David Metz​ at IMS.

  • Opinion

    Clients' Diversity Mandates For Law Firms Are Necessary

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    Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

  • Aerojet Settlement Sets Stage For Future Cyber FCA Suits

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    Markus v. Aerojet RocketDyne, which recently settled in California federal court, demonstrates a clear path to success for government contractor whistleblowers in cybersecurity False Claims Act cases, and is an invitation to similar tipsters to come forward, says Max Rodriguez at Pollock Cohen.

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