Trials

  • May 12, 2021

    Key Maker Seeks Retrial After KeyMe IP Win

    A key duplication technology patent holder has asked a Texas federal court for a new trial over claims a rival infringed six of its patents, arguing a jury was incorrectly instructed on the meaning of certain claim terms.

  • May 12, 2021

    Judge Finds Chauvin Qualifies For Longer Prison Sentence

    A Minnesota state court judge found Wednesday that the murder of George Floyd met several of the factors necessary to sentence former Minneapolis Police Officer Derek Chauvin to a longer-than-average prison term.

  • May 12, 2021

    Fears Nachawati Snags Atty To Handle Mass Torts

    The Fears Nachawati Law Firm hired a former Waters Kraus & Paul attorney who will handle mass torts and other significant litigation, bringing over his experience handling mesothelioma and other major cases.

  • May 11, 2021

    Apple Wanted App Users 'Hooked,' Exec's 2013 Email Reveals

    A top Apple executive told company CEO Tim Cook in 2013 that getting customers to use Apple virtual stores like iTunes is "one of the best things we can do to get people hooked to the ecosystem," according to an email revealed Tuesday during Epic Games Inc.'s high-stakes antitrust bench trial.

  • May 11, 2021

    FDA Investigator Says Stem Cell Clinic Lacked Documentation

    A U.S. Food and Drug Administration investigator told a California federal judge Tuesday about deficiencies she noted at a clinic being sued by the government over experimental stem cell treatments, including a lack of central documentation on adverse events such as a patient suffering retinal detachment after receiving eye injections.

  • May 11, 2021

    Elizabeth Holmes' Mystique Unlikely To Survive Looming Trial

    Before Theranos founder Elizabeth Holmes and her ex-boyfriend were charged with deceiving investors and patients about their blood-testing technology's efficacy, the pair exchanged voluminous text messages that now threaten to provide jurors at Holmes' criminal trial this summer a rare window into her psyche.

  • May 11, 2021

    Gibson Dunn Atty Rebuts Donziger Privacy Concerns At Trial

    A Gibson Dunn & Crutcher partner testified Tuesday in Chevron foe Steven Donziger's contempt trial that a court order mandating him to hand over his devices included privacy protections, despite Donziger's fears about delivering the entire body of his communications to the company.

  • May 11, 2021

    NJ To Resume In-Person Jury Trials As Virus Trends Improve

    The New Jersey Supreme Court signed off Tuesday on holding grand jury sessions and certain criminal and civil jury trials in person starting next month amid improving public health conditions throughout the Garden State in the battle against COVID-19.

  • May 11, 2021

    3M's Expert Nixed From Earplug MDL Bellwether Case

    A Florida federal judge on Tuesday excluded opinions from one of 3M's expert witnesses in an upcoming bellwether trial over whether its combat arms CAEv2s earplugs were defective and caused damage to a veteran's hearing, saying the expert cannot base his opinion entirely on other experts' findings.

  • May 11, 2021

    Apache Gets $80.4M Jury Award Knocked Down To $13.5M

    A jury's $80.4 million award against Apache Corp. in a dispute over the construction of a Louisiana gas well and processing facility was knocked down to about $13.5 million Tuesday when a Texas appellate court partially sided with Apache.

  • May 11, 2021

    NRA Ch. 11 Case Dismissed As Bad Faith Bankruptcy

    A Texas bankruptcy judge dismissed the National Rifle Association's Chapter 11 case Tuesday after finding the group filed its petition in bad faith in order to gain advantage in litigation brought by New York's attorney general.

  • May 10, 2021

    Apple's App Store Monopoly Made It Billions, Prof Testifies

    A University College London economics professor hired by Epic Games Inc. testified in a high-stakes antitrust bench trial Monday that Apple Inc. has monopoly power over the iOS app-distribution market, and that if the tech giant reduced its commission fee from 30% to 6.8% in 2019, it would have still earned $1 billion in App Store profits.

  • May 10, 2021

    Donziger Calls Contempt Charge Overreach As Trial Begins

    Steven Donziger, the disbarred human rights lawyer who has fought a bitter decadeslong battle with Chevron over oil pollution in Ecuador, began his criminal contempt trial Monday with a declaration that the oil giant was wrongly allowed to wage "a massive campaign of intrusive discovery" against him that led to the charge.

  • May 10, 2021

    Jury Convicts Parts Buyer Of Violating Iran Trade Embargo

    A Texas federal jury has convicted an Iranian national on a slew of counts, including violating a trade embargo with Iran, for obtaining, or attempting to obtain, $2.6 million worth of parts that federal prosecutors have deemed "military sensitive," the U.S. Department of Justice announced.

  • May 10, 2021

    Toyo Tire Can't Appeal Summary Judgment Ruling Before Trial

    An Illinois federal judge declined Monday to grant partial final judgment on Toyo Tire's claims that a rival infringed its trade dress, saying there's too much overlap in counterclaims set for trial in September to allow Toyo to immediately appeal its rival's summary judgment win.

  • May 10, 2021

    Widow Can't Get Redo Of $70K Verdict In Med Mal Suit

    A Pennsylvania appeals court on Monday rejected a widow's bid for a retrial after she won $70,000 on claims that her husband was burned at a hospital but nothing for his eventual death after he was denied life-extending chemotherapy, finding her objections to the jury instructions were unfounded.

  • May 10, 2021

    Records Co. Wants 'Confused' Jury Damages Award Tossed

    A records database company has asked a Texas appellate court to toss out an $820,000 jury verdict awarded to its former partner company for a failed project, arguing the jury was "confused" by an expert witness who presented an alternative damages model not based on the parties' contract.

  • May 10, 2021

    Jury Hears Ex-Mayor Guilty Of 'Disgusting' Conduct In Fraud

    A former Massachusetts mayor's "disgusting" conduct in allegedly defrauding investors and shaking down marijuana vendors warrants his conviction on two dozen federal charges, a prosecutor told jurors during closing arguments Monday.

  • May 10, 2021

    High-End Hotel Slams Builder's Trial Expert In Nuisance Suit

    Owners of a luxury hotel in North Carolina asked a federal judge to exclude expert testimony Monday in a nuisance suit over a government construction project near the hotel, calling it an unproven personal opinion lacking any methodology or analysis.

  • May 10, 2021

    Dispute Over Expert Won't Upend $1.6M Car Crash Verdict

    A California appeals court won't disturb a $1.6 million verdict in a suit over a car collision, as it did not find fault in the trial court's admission of expert testimony indicating that the plaintiff was speeding when the crash occurred.

  • May 10, 2021

    PTAB Will Review Densify Unit's Computer Compatibility IP

    The Patent Trial and Appeal Board has agreed to review a Densify unit's patent that was part of federal court litigation where the cloud infrastructure company was stripped of a $236 million jury win.

  • May 10, 2021

    ETE Equity Gambit Snarled $38B Williams Deal, Ex-CFO Says

    The Williams Cos.' former top financial officer testified in Chancery Court Monday that equity maneuvering by Energy Transfer Equity LP disrupted what became a doomed tie-up of the two energy pipeline giants during the opening of a Delaware trial on Williams' efforts to recover a related, $410 million termination fee.

  • May 10, 2021

    Trump Appointee Expected To Get Plea Deal In Riot Case

    A federal prosecutor indicated Monday that the government is expected to offer a plea deal to a former Trump U.S. Department of State appointee facing charges for participating in the Jan. 6 insurrection at the U.S. Capitol.

  • May 07, 2021

    Apple's App Review Comes Under Fire In Antitrust Trial

    An Apple senior director defended the company's app-review process Friday during an antitrust bench trial between the tech giant and Epic Games, testifying that although Apple has approved some potentially offensive apps, including a school-shooting game app, such mistakes are rare and "we catch the vast majority of issues."

  • May 07, 2021

    FDA Dr. Says Stem Cell Clinics' Study 'Just A Bunch Of Words'

    A physician who works for the U.S. Food and Drug Administration told a California federal judge Friday that a study co-authored by physicians from two clinics being sued by the government over experimental stem cell treatments demonstrated "scientific illiteracy" and was "just a bunch of words."

Expert Analysis

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

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    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Opinion

    Justices Must Resolve Off-Label Drug Warning Predicament

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    The U.S. Supreme Court should hear Janssen Pharmaceuticals v. AY, and rule that drugmakers are not required to include off-label warnings, in order to protect companies from being held liable for failing to do what federal law prohibits, say Sheldon Bradshaw and Lisa Dwyer at King & Spalding.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Functionality's Role In Oracle Copyright Ruling Isn't So Novel

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    In its recent Google v. Oracle decision, the U.S. Supreme Court seemingly revived the copyright fair use factor concerning functionality, highlighting its significant role, particularly in technological contexts, but this accords with a long-standing minority view, says Andrew Michaels at the University of Houston Law Center.

  • Drafting Clearer Patent Claims After Fed. Circ. L'Oreal Ruling

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    The Federal Circuit recently employed a flexible standard for constructing Olaplex's hair care patent claims in a case against L'Oreal, but more precise claim drafting could have avoided altogether a problem with claims for component amounts in product formulations, says Philip Hamzik at Wolf Greenfield.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Opinion

    Keep Junk Science Away From Juries

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    Well-grounded scientific testimony in judicial proceedings has become more essential than ever, especially with large verdicts at stake in cases concerning hot-button issues like talc and climate change, so judges must act as gatekeepers to exclude unsound science from jury trials, says Lawrence Ebner at the Atlantic Legal Foundation.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Demystifying The Virtual Civil Jury Trial Experience

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    A year into many pandemic-induced court closures, attorneys at Dechert examine the successful transition to virtual civil jury trials in product liability cases, highlight some of the positive attributes of virtual proceedings and identify factors to consider for successfully trying cases with virtual components.

  • Hedonic Regression Shows Promise For Modeling IP Damages

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    VLSI's recent $2.18 billion patent infringement damages award against Intel in a Texas federal court relied on hedonic regression analysis for modeling patent value, which looks compelling because it allows plaintiffs' experts to value infringed patents' critical benefits, say Richard Kamprath and Abigail Clark at McKool Smith.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Time To Replace FBI Interview Memos With Digital Recordings

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    As part of his law enforcement reforms, President Joe Biden should retire the Federal Bureau of Investigation's often incomplete and unreliable Form 302 for memorializing agents' witness interview notes and instead mandate digital recording of interviews as a more trustworthy and efficient substitute, says cybersecurity consultant John Reed Stark.

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