A split Federal Circuit panel on Thursday erased Insulet Corp.'s trade secret victory against EOFlow Co. Ltd., holding that the medical device maker filed its claims too late and reversing a $452 million jury verdict that was later reduced to $59.4 million.
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TOP NEWS

Split Fed. Circ. Says $452M Trade Secret Case Was Untimely

By Ivan Moreno

A split Federal Circuit panel on Thursday erased Insulet Corp.'s trade secret victory against EOFlow Co. Ltd., holding that the medical device maker filed its claims too late and reversing a $452 million jury verdict that was later reduced to $59.4 million.

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6th Circ. Revives P-Funk Keyboardist's Copyright Royalty Suit

By Melanie Dorsey

The Sixth Circuit revived part of the estate of late Parliament-Funkadelic keyboardist George "Bernie" Worrell's copyright suit against group co-founder George Clinton and his company Thang Inc., ruling that a jury must decide whether Worrell partly owned the recordings he helped create. 

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Aerospace Co. Must Pay $2M In Network System Contract Trial

By Elliot Weld

A Texas federal judge has entered a final judgment ordering aerospace manufacturer Cabin Management Solutions Inc. to pay nearly $2 million to an audio-video network transmission company that accused it of reneging on a negotiated fee for the use of a signal transmission system.

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HSBC Defeats Most Claims In First Citizens' Poaching Suit

By Elliot Weld

A California federal judge has dismissed the bulk of First Citizens Bank & Trust Co.'s suit against HSBC alleging the latter induced a mass resignation and misappropriated trade secrets, saying the court still didn't have any jurisdiction over some defendants and that an amended complaint had not cured issues with a previously dismissed complaint.

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Feds Want More Info On Union-Pacific, Norfolk Southern Deal

By Bryan Koenig

Federal rail regulators paused their review of Union Pacific's proposed $85 billion purchase of Norfolk Southern, concluding Thursday that the railways need to further supplement their merger notification after going back to the drawing board earlier this year.

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LEGAL ETHICS & MALPRACTICE

King & Spalding Blocked From Exiting $300M Fraud Lawsuit

By Brian Steele

King & Spalding LLP and Lennon Murphy & Phillips LLC can't withdraw from representing clients in consolidated litigation over an alleged $300 million stock swindle, a Connecticut state court judge has ruled, saying the firms' motions ahead of a June trial lack good cause.

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NJ Firm Can't Sue Ariz. Atty For Defending Client, Court Told

By Emily Sawicki

An Arizona attorney and his law firm want out of conspiracy claims brought by a New Jersey lawyer and his firm in federal court related to an underlying contract suit in a tangled web of litigation, arguing the claims are an attempt to transform routine litigation strategy into actionable torts and that the Garden State court lacks jurisdiction.

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REAL ESTATE & DEVELOPMENT

Land Co. Says Greeley Lowballed Water Storage Payout

By Zach Dupont

A Colorado landowner said the city of Greeley shorted them out of millions of dollars by using an old survey to undervalue the maximum water storage amount for a set of reservoirs the city has been attempting to build for over 25 years, according to a complaint filed in state court Thursday.

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ENERGY & ENVIRONMENTAL

Energy Firm Insiders Forced Co-Founder's Ouster, Suit Says

By José Luis Martínez

Houston energy firm ARM Energy Holdings LLC was sued in Texas Business Court over allegations that one co-founder and its general counsel pushed another co-founder out of the company and lowballed the membership stake tied to him.

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5th Circ. Won't Rehear Deepwater Prostate Cancer Suit

By Mike Curley

The Fifth Circuit has denied an en banc rehearing of a worker's toxic tort suit against BP Exploration & Production over prostate cancer he alleges he developed because of exposure to crude oil during cleanup of the 2010 Deepwater Horizon spill.

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INSURANCE

Property Owner's Insurer Must Defend Manager In Assault

By Hope Patti

The insurer for a Washington, D.C., property owner must defend a property management company against an underlying suit claiming that its employee sexually assaulted a tenant, a Maryland federal court ruled Thursday, letting the manager's carrier off the hook for coverage.

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PRODUCT LIABILITY

FCA Seeks High Court Review Of 9th Circ. Arbitration Loss

By Caroline Simson

Fiat Chrysler will ask the U.S. Supreme Court to review a Ninth Circuit decision refusing to send a class action over allegedly defective Jeep and Dodge headrests to arbitration, saying the justices must resolve whether a court or an arbitrator determines if a nonsignatory can enforce an arbitration clause.

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Roundup

Injury Law Roundup: Freight Brokers, Uber Lose Key Cases

By Y. Peter Kang

The U.S. Supreme Court's green light of negligent hiring claims against freight brokers in highway crash cases and an adverse verdict against Uber in the sexual assault multidistrict litigation lead Law360's Injury Law Roundup.

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INTELLECTUAL PROPERTY

Akerman Says Colo. Roofing Co. Owes $650K From IP Suit

By Zach Dupont

Akerman LLP claimed in Colorado state court on Wednesday that a roofing company has not paid nearly $650,000 in attorney fees and costs related to a trademark infringement lawsuit from a competing business in Nevada.

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MEDIA & ENTERTAINMENT

Meta Must Face Contract Claim In Facebook Ad Pricing Suit

By Bonnie Eslinger

A California federal judge trimmed a putative class action accusing Meta Platforms Inc. of secretly changing Facebook's ad auction system in a way that caused advertisers to pay more than promised, but said "ambiguity" in the social media giant's agreements meant a breach of contract claim survives the company's motion to dismiss.

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EMPLOYMENT

Shield AI Worker Alleges Data Fraud, 'Sexual Violence' By Exec

By Spencer Brewer

An employee hit Shield AI Inc. with a suit in Texas federal court Thursday, alleging the defense technology company engaged in data fraud, allowed a company executive to perpetuate "egregious acts of sexual violence," and retaliated against him after he spoke up.

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COMPETITION

Ad Tech Rivals Say Google Can't Cull Antitrust Claims

By Bryan Koenig

Google's rival advertising placement technology providers urged a New York federal judge not to dramatically reduce their antitrust claims, arguing the court has already rejected the statute of limitations assertions raised against other multidistrict litigation plaintiffs "and it should do so again."

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EXPERT ANALYSIS

Finding Borrower Risk In The Private Credit Covenant Mix

Amid rising caution over private credit defaults, investors and their counsel can gain key insights about borrower risk from the particular combination of financial metrics included in a loan's covenants, not just the number of covenants, say Christopher Armstrong at Stanford University, and Carlo Gallimberti and David Tsui at Analysis Group.

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Musk-OpenAI Verdict Shows Value Of Early-Stage Governance

A California federal court's ruling last week in Musk v. Altman preserves the status quo at OpenAI, but signals to the technology industry at large that courts will not relitigate the governance decisions of early-stage organizations on a founder's competitive timetable, surfacing questions that will outlast the litigation, says attorney Alan N. Walter.

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Series

Studying Foreign Languages Makes Me A Better Lawyer

Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

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LEGAL INDUSTRY

Brief

Davis Polk Adds A&O Shearman Antitrust Partner In NY

By Andrea Keckley

Davis Polk & Wardwell LLP has hired a former A&O Shearman partner, who joined its antitrust and competition practice in New York.

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Bonus Spotlight

Selendy Gay Doles Out Spring Associate Bonuses

By Aebra Coe

New York litigation boutique Selendy Gay PLLC paid its associates spring bonuses of as much as $25,000 this week, according to the firm.

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Ex-Calif. Appellate Judge To Take Over As Law School Dean

By Rose Krebs

A former California appellate justice, who was the first Muslim to serve as a Court of Appeal justice in the U.S., has been named Western State College of Law at Westcliff University's next dean.

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Dems Say DOJ Blocked Bondi On Trump Questions

By Courtney Bublé

Democrats were incensed on Friday that the U.S. Department of Justice attorneys who accompanied former Attorney General Pam Bondi to her committee interview stopped her from answering questions about President Donald Trump.

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Civil Rights Icon Clarence B. Jones Dies At 95

By Andrea Keckley

Civil rights icon Clarence B. Jones, a speechwriter and personal attorney to Martin Luther King Jr., died May 22 at an assisted living facility in the Santa Clara County city of Cupertino, California, his family confirmed earlier this week. He was 95.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Megan Norcott

The past week in London has seen the billionaire who donated £5 million ($6.7 million) to Nigel Farage sue Ben Habib, the leader of far-right party Advance UK, for defamation; Mashreqbank bring claims against three subsidiaries of dissolved private equity giant Abraaj Group for commercial fraud; and the property and investment vehicle of the State of Kuwait be targeted by four real estate figures who filed a miscellaneous claim. Here, Law360 looks at these and other new claims in the U.K.

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Titan Of The Plaintiffs Bar: Boies Schiller's Matthew Schwartz

By Sarah Jarvis

Matthew L. Schwartz oscillated among many career aspirations as a kid, from astronaut to mayor of New York. When it was time to head off to college, the man who would go on to handle the prosecution of employees tied to Bernie Madoff and become chair of Boies Schiller Flexner LLP set his sights on science, earning an undergraduate degree in physics.

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Law360's Legal Lions Of The Week

By Kevin Penton

Phillips Black Inc., Hogan Lovells and Watkins & Eager PLLC lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that a Black Mississippi death row prisoner who argued racial discrimination tainted his jury selection is entitled to habeas corpus relief.

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DLA Piper Hires Real Estate, Construction Partner In Seattle

By Nate Beck

DLA Piper said it has added a Seattle-based real estate partner with experience advising a range of construction projects including data centers, mixed-use projects, schools and renewable energy facilities.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Kirkland & Ellis says it's investing a half billion dollars into developing its own artificial intelligence platform to better serve clients. And Law360 looks at the general counsel who is guiding BP through its latest leadership crisis after the company abruptly dismissed its board chair.

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Baker McKenzie Asks Judge Not To Toss Suit Against Ex-Atty

By Alison Knezevich

A lawyer for Baker McKenzie on Friday urged a Washington, D.C., judge not to dismiss the BigLaw firm's defamation suit against a former tax associate who accused a firm office leader of sexual assault, telling the court the accusations were false and made with "malice."

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Fla. Panel Revives Firm's Suit Over Tobacco Case Referrals

By David Minsky

A Florida state appellate court revived a law firm's complaint alleging tortious interference against a widow over a contingency fee agreement involving tobacco injury case referrals, finding that the lower court wrongly tossed the lawsuit based on extraneous information even though there was sufficient evidence to support a claim.

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NY Judge Doubts Nussbaum-Linked Firms Belong In Ch. 11

By Emily Lever

A New York bankruptcy judge on Friday questioned whether his court was the proper venue to wind down two commercial real estate law firms headed by Mark J. Nussbaum as the debtors sought to ditch an assignment for the benefit of creditors process in New York state court.

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Trump Urges 3rd Circ. To Reverse 'Bizarre' Anti-SLAPP Loss

By Dorothy Atkins

President Donald Trump urged the Third Circuit on Thursday to find a Pennsylvania anti-SLAPP statute shields him from the Central Park Five's defamation claims, slamming the lower court's "truly bizarre" ruling in an opening brief filed the same day a DLA Piper partner and others joined Trump's defense team.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Akin Gump Owes Fees For Winebow's 'Self-Indulgent' Appeal

By Dorothy Atkins

The Ninth Circuit on Thursday ordered an importer's Akin Gump Strauss Hauer & Feld LLP attorneys to pay a European winemaker fees for having to defend against the importer's "spurious objections" to the winemaker's valid arbitral award, ruling that the importer's "self-indulgent" appeal warrants sanctions in the form of fees.

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Colo. Appeals Court Bars One-Way Fees In Eviction Cures

By Zach Dupont

A Colorado Court of Appeals panel on Thursday reversed the dismissal of a proposed class action against a group of landlords, Tschetter Sulzer PC and the Colorado Apartment Association accusing the collective of illegally extracting attorney fees from tenants during eviction proceedings.

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Double Shooting Renews Courthouse Safety Fears In NC

By Hayley Fowler

The shooting of two Fox Rothschild LLP attorneys outside a courthouse in Raleigh, North Carolina, ahead of Memorial Day weekend has renewed calls to protect the safety of judges and lawyers in an increasingly volatile justice system.

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Calif. Panel Reverses Order For Citing Atty's Bogus Case Law

By Dorothy Atkins

A California appellate panel on Thursday reversed a judgment in favor of a man accused of abusing his son, finding that "without doubt" the trial judge abused her discretion by incorporating the man's bogus legal citations into her ruling, despite being alerted to the mistakes in advance.

Opinion attached | Read full article » | Save to favorites »

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LAW FIRMS IN TODAY'S NEWS

Fried Goldberg

A&O Shearman

Adams & Reese

Addleshaw Goddard

Akerman LLP

Akin Gump

Alan N. Walter Counsel

Allegaert Berger

Alston & Bird

Anderson Kill

Arnold & Porter

Ashurst LLP

Aurelian Law PLLC

Axinn Veltrop

Benesch

Bernstein Litowitz

Boies Schiller

CMS Cameron McKenna Nabarro Olswang

Callagy Law

Carey Olsen

Clark Hill

Clyde & Co

Cohen Milstein

Cooley LLP

Covington & Burling

Cravath Swaine

DLA Piper

David Boies

Davis Polk

Dickinson Wright

Downs Law Group

Downs Ward

Fisher & Phillips

Foley & Lardner

Forbes Law Group

Fox Rothschild

Freeman Mathis

Freiwald Law

Freshfields

Gibson Dunn

Goldberg Segalla

Goodwin Procter

Gordon Rees

Greenberg Traurig

Gupta Wessler

Gusdorff Law

Haddon Morgan

Harrison LLP

Hill Dickinson

Hill Ward Henderson

Hogan Lovells

Holland & Knight

Horst Krekstein

Hueston Hennigan

Jones Day

Kershaw Talley

King & Spalding

Kirkland & Ellis

Klein Thomas

Kline & Specter

Knobbe Martens

Latham & Watkins

Leavitt & Eldredge

Lennon Murphy

Lewis Silkin

Lieff Cabraser

Liskow & Lewis

Maron Marvel

Mayer Brown

McCarter & English

McGuireWoods

Milbank LLP

Mishcon de Reya

Mitby Pacholder

MoloLamken

Morgan & Morgan PA

Morgan Lewis

Nabarro LLP

Nicholas & Tomasevic

Nussbaum Lowinger

Padula Law Firm

Paris Smith LLP

Penningtons Manches

Perkins Coie

Pierson Ferdinand LLP

Pillsbury Winthrop

Quinn Emanuel

Scharf Appellate Group

Schenk & Bruetsch

Schwarz Law Office

Selendy Gay

Sher Garner

Shook Hardy

Sidley Austin

Simonsen Sussman

Skadden Arps

Slater and Gordon

Spencer Fane

Squire Patton

Stephenson Harwood

Susman Godfrey

Swope Rodante

Thompsons Solicitors

Umberg & Zipser

Varnum LLP

Wanger Jones

Ward Hadaway

Watkins & Eager

Werksman Jackson

White & Case

Wiggin & Dana

Wilenchik & Bartness

Winston & Strawn

Womble Bond

COMPANIES IN TODAY'S NEWS

ARM Energy Holdings LLC

Akin's

Aldi GmbH & Co. KG

Allied Irish Banks PLC

Alphabet Inc.

American Civil Liberties Union

American International Group Inc.

Anthropic PBC

Asset Living

Association of Corporate Counsel

BC Partners

BDO LLP

BNSF Railway Co.

BP PLC

BTA Bank

Boston University

Brooklyn Law School

C.H. Robinson Worldwide Inc.

CSX Corp.

Caesars Entertainment Inc.

Canadian National Railway Company

Canadian Pacific Kansas City

Canadian Pacific Railway Ltd.

Costco Wholesale Corp.

Exxon Mobil Corp.

FCA US LLC

FTI Consulting Inc.

Financial Times Group Ltd.

First-Citizens Bank & Trust Company

Flowers Foods Inc.

Ford Motor Co.

Gannett Co. Inc.

Gartner Inc.

Gattaca PLC

General Counsel AI Inc.

Genworth Financial Inc.

Gerald Holdings LLC

Glass Lewis & Co. LLC

Google LLC

HSBC Holdings PLC

Harvard University

Henry Schein Inc.

Herzog

Howden Broking Group Ltd.

Index Exchange Inc.

Institutional Shareholder Services Inc.

Insulet Corp.

Insulet Corporation

Investments Ltd.

KKR & Co. Inc.

KRyS Global

Kansas City Southern

Kinder Morgan Inc.

Kuehne & Nagel International AG

Lendlease Corp.

LinkedIn Corp.

Macquarie Group Ltd.

Major Lindsey & Africa LLC

Marathon Asset Management LP

Mashreq PSC

MasterCard Inc.

Mediterranean Shipping Co. SA

Meta Platforms Inc.

Microsoft Corp.

Mindset

Monsanto Co.

Morgan Stanley

Morningstar, Inc.

Mortgage Connect LP

National Association for Law Placement Inc.

Norfolk Southern Corp.

North Carolina State Bar

Old Navy LLC

OpenAI OpCo LLC

OpenX Technologies Inc.

Phillips 66

Phillips Black Inc

PubMatic Inc.

R.J. Reynolds Tobacco Co. Inc.

SVB Financial Group

Sales Inc.

Seattle University

Shield AI Inc.

Signature Resolution LLC

Snap Inc.

Sophos Ltd.

Spirit Airlines Inc.

Stanford University

Station Casinos LLC

Sulzer Ltd.

Tesla Inc.

The Abraaj Group

The Boeing Co.

The Gap Inc.

Thomson Reuters Corp.

TikTok Inc.

Tokyo Gas

Trafigura Group Pte. Ltd.

UBS Group AG

UCLA School of Law

Uber Technologies Inc.

Union Pacific Corp.

Verizon Communications Inc.

Visa Europe

Wells Fargo & Co.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Companies House

Competition Appeal Tribunal

Federal Aviation Administration

Federal Bureau of Investigation

Federal Reserve System

Federal Trade Commission

Financial Conduct Authority

Florida Supreme Court

International Monetary Fund

Mississippi Supreme Court

National Highway Traffic Safety Administration

Surface Transportation Board

Texas Tenth Court of Appeals

U.S. Army

U.S. Attorney's Office for the Southern District of New York

U.S. Bankruptcy Court for the Southern District of New York

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. Navy

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

UK High Court

United States District Court for the District of Colorado