Trials

  • January 27, 2022

    3M Hit With $110M Verdict In Fla. Military Earplug Bellwether

    A Florida federal jury on Thursday sided with two service members who say they suffered hearing damage from using 3M earplugs, awarding the men $110 million in damages, the largest verdict in the sprawling multidistrict litigation's bellwether series to date, according to attorneys for the plaintiffs.

  • January 27, 2022

    IP Forecast: S&P To Fight Claims Its TM Suit Came Too Late

    S&P Global will ask a Delaware federal judge next week to keep alive parts of its trademark suit against a call service center named S&P Data, in the face of claims that lawyers for the market ratings giant knew about the name of the smaller business for years before suing. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • January 27, 2022

    Northrop's Pension Denials 'Appropriate,' Judge Told

    A Northrop Grumman executive testified at a California federal bench trial Thursday over Employee Retirement Income Security Act class claims and said an "appropriate" interpretation of a retirement plan it oversees can leave some workers with no pension benefits despite years of service.

  • January 27, 2022

    IP Attorneys Warn District Court 'Playbook' Useless At ITC

    With patent disputes increasingly heading to the U.S. International Trade Commission, attorneys on Thursday urged companies unfamiliar with the agency to ignore their usual "playbook" for patent cases when they face a complaint, and instead find specialized counsel.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    4 Breyer Opinions Every Trial Lawyer Should Know

    Retiring U.S. Supreme Court Justice Stephen Breyer was instrumental in reinforcing the constitutional rights of trial defendants during his tenure, including in an opinion criticizing a core element of jury selection that is now coming under closer scrutiny.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Apple Can't Hide Behind Privacy In Epic Fight, 9th Circ. Told

    Nearly 40 law, business and economics academics urged the Ninth Circuit on Thursday to upend Apple's win over Epic Games' allegations that the technology giant's App Store policies are anti-competitive, arguing the judge wrongly accepted Apple's justifications that restrictions on third-party app distribution are necessary to protect users.

  • January 27, 2022

    Why Breyer Is To Thank (Or Blame) For Sentencing Guidelines

    Justice Stephen Breyer will retire as a great deal maker at the U.S. Supreme Court, but in the shadow of his jurisprudence lies a more complicated part of his legacy: the often-maligned federal sentencing guidelines that fundamentally reshaped the practice of criminal law.

  • January 27, 2022

    Stormy Daniels Tells Jury Avenatti Lied And Stole From Her

    Former Michael Avenatti client Stormy Daniels took the witness stand Thursday in the criminal case accusing the celebrity lawyer of defrauding the adult film actress out of hundreds of thousands of dollars from a book deal, saying Avenatti "stole from me and lied to me."

  • January 27, 2022

    2nd Circ. Reverses Deutsche Bank Traders' Libor Convictions

    The Second Circuit on Thursday acquitted two former Deutsche Bank traders who were convicted of Libor-rigging in 2018, deeming the evidence at trial insufficient to prove that the pair made false statements to benefit the bank's derivatives positions.

  • January 27, 2022

    'Lottery Lawyer' Says Feds Have 'Pattern' Of Misconduct

    The "Lottery Lawyer" charged with bilking his clients' winnings has accused prosecutors in New York's Southern and Eastern districts of a "pattern" of misconduct, urging a judge to force them to finally turn over potentially exculpatory material. 

  • January 27, 2022

    'Street Level' Oxy Pusher Admits Tricking Ex-CEO's Company

    The Manhattan U.S. attorney's drug conspiracy case against former Rochester Drug Cooperative CEO Larry Doud inched toward completion Thursday after an opioid pusher told jurors he never met Doud and got meds from the company by lying about his pharmacy's operations.

  • January 27, 2022

    Texas Judge Delays Trial In KBR Kickback Scheme

    A Texas federal judge agreed Thursday to delay a trial originally set for mid-February in a lawsuit that accuses KBR Inc. of violating the False Claims Act when a former employee engaged in a kickback scheme with a subcontractor, warning the parties this will be the only continuance allowed.

  • January 27, 2022

    11th Circ. Won't Undo Royal Caribbean's Ice Skating Suit Win

    The Eleventh Circuit has upheld a bench trial win for Royal Caribbean Cruises Ltd. in a suit alleging its lack of rules against skating backward led to a Canadian woman breaking her leg when someone collided with her while ice skating.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Trials Group Of The Year: Williams & Connolly

    Williams & Connolly LLP successfully defended AstraZeneca and CVS in lawsuits that spared the companies from paying hundreds of millions of dollars, earning the firm a spot among Law360s 2021 Trial Groups of the Year.

  • January 27, 2022

    Miami's Meland Budwick Adds Former Prosecutor

    Miami law firm Meland Budwick PA snagged a former federal prosecutor and investment banker as a new partner for its litigation practice.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Northrop's Pension Denials Sounded Like Threats, Judge Told

    Former TRW Inc. employees testified in a California federal bench trial over Employee Retirement Income Security Act class claims Wednesday that TRW's successor Northrop Grumman denied them pension benefits despite years of work, with one claiming Northrop's response "almost sounded like I was going to have to start paying them money."

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    California Atty Tells Jury Avenatti Hounded Him For Cash

    A onetime attorney friend of Michael Avenatti on Wednesday testified how the embattled celebrity lawyer was desperate for cash in the fall of 2018 and ultimately secured a loan from fellow attorney Mark Geragos, in the final months of Avenatti's representation of adult film actress Stormy Daniels.

  • January 26, 2022

    4 Cruise Lines Oppose Jury Demand In Havana Docks Case

    Four major cruise lines have asked a Florida federal court to refuse a former Cuban port owner's demand for a jury trial in its case claiming they violated federal law by docking ships in Havana, saying a magistrate judge wrongly recommended that the jury demand is viable.

  • January 26, 2022

    Ex-Ga. Judge Says Double Jeopardy Blocks 2nd Hacking Trial

    A former Georgia state judge who's facing criminal computer hacking charges urged the Georgia Court of Appeals on Wednesday to void a looming retrial, arguing the bulk of the charges are barred by statutory double jeopardy.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

Expert Analysis

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • What Experts, Attys Must Know About Psychological Injuries

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    As the ongoing litigation between Kobe Bryant's widow and Los Angeles County illustrates, there are many forms of psychological injury that can have serious impacts — so mental health experts and attorneys must be precise when discussing these matters in court, says Prudence Gourguechon, a clinical psychiatrist and professional psychiatric expert witness.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The New Antitrust Agenda's Impact On Energy And Chemicals

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    The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.

  • How Magistrate Judges Can Help Tame Large Product MDLs

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    As multidistrict product liability litigations swell in size, taking on board increasing numbers of individual cases that may lack merit, courts may want to consider employing magistrate judges to evaluate pending claims through streamlined summary judgment proceedings, says Douglas Smith at Aurelius Law Group.

  • Context Is Key In Agriculture Equipment Manufacturer Defense

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    Federal policy changes on the horizon could add significant liability to agricultural equipment manufacturers, and when it comes to defending these product liability cases, manufacturers must provide the appropriate context on certain issues like the date of manufacture, so juries can more properly assess the evidence presented, says Reid Carpenter at Lightfoot Franklin.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Takeaways From White Collar Criminal Enforcement In 2021

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    White collar criminal prosecutions were up in 2021, with recent high-profile fraud trials, the Biden administration's enforcement priorities and the continuing effects of the COVID-19 pandemic potentially reversing the previous trend of slumping white collar prosecutions, say attorneys at Keker Van Nest.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • What Attys Can Learn From Harvard Professor's Conviction

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    The recent conviction of Harvard professor Charles Lieber, on charges of lying about ties to China, highlights the perils that even highly educated white collar targets face in an FBI interview without counsel present, and it provides urgent lessons for attorneys on guiding their clients through stressful circumstances, say Jack Sharman and Tatum Jackson at Lightfoot Franklin.

  • 7 Ways Patent Litigators Can Leverage Inventor Testimony

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    The recent Federal Circuit decision in Biogen v. Mylan, relying on inventor testimony to invalidate patent claims for lack of written description, illustrates one of several ways in which such testimony can be used to persuade fact-finders in close cases and uncover game-changing evidence, says Jeremy Edwards at Maddox Edwards.

  • Top 10 Whistleblowing And Retaliation Events Of 2021

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    Last year's most important whistleblower developments will likely reverberate into 2022 and beyond, with key court rulings and legislative advancements poised to expand protections, and a record-breaking amount of awards issued by the U.S. Securities and Exchange Commission likely to incentivize more information sharing, say Steven Pearlman and Pinchos Goldberg at Proskauer.

  • Opinion

    IP Venue Transfer Rulings Ignore Plaintiffs' Jurisdiction Rights

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    Recent Federal Circuit venue transfer orders in patent cases leave out an important consideration — whether the transferee court has personal jurisdiction over the plaintiff — that should be taken into account to ensure that plaintiffs' constitutional rights are adequately protected, say Justin Nemunaitis and Alexander Gras at Caldwell Cassady.

  • Top 5 Drug And Medical Device Legal Issues Of 2021

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    Two years into the pandemic, COVID-19 continues to drive significant legal developments for drug and device companies, but opioid, personal jurisdiction and litigation funding trends are noteworthy as well, say attorneys at Faegre Drinker.

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