Trials

  • April 12, 2021

    Texas Jury Clears KeyMe In IP Trial Over Key Duplication Tech

    A Texas federal jury on Monday sided with key duplication kiosk maker KeyMe LLC in a dispute over self-service key duplication technology, finding that KeyMe hadn't infringed any patents initially issued to a rival key kiosk maker.

  • April 12, 2021

    Intel's Chip Advances Were Borrowed Tech, VLSI Tells Jury

    After a punishing $2 billion loss, Intel went to trial again Monday against patent claims by hedge-fund-backed VLSI, which told jurors in Texas the chip powerhouse helped itself to efficiency advances created two decades ago by innovative engineers "looking over the horizon."

  • April 12, 2021

    Donziger Seeks Dismissal Of 'Vindictive' Prosecution

    Embattled attorney Steven Donziger urged a New York federal court Monday to dismiss charges that he disobeyed court orders in an underlying civil suit Chevron lodged against him over a $9 billion Ecuador environmental judgment, arguing the criminal case warrants dismissal because he's a victim of malicious, "vindictive and selective prosecution."

  • April 12, 2021

    Ex-Netflix Biz Partner Acknowledged 'Pay-To-Play,' Jury Told

    During the second day of a former Netflix executive's criminal bribery trial, a California federal jury viewed internal email exchanges in which a startup CEO acknowledged that "there's clearly some pay-to-play" occurring between his company and the streaming giant.

  • April 12, 2021

    Grand Jury Docs Stay Secret In Lawmaker Death Threats Case

    A Brooklyn federal judge declined Monday to inspect grand jury minutes ahead of a scheduled April 19 trial in the feds' case against a former courts worker accused of threatening to kill Democratic lawmakers, finding a defense request for her to do so was based in speculation.

  • April 12, 2021

    No New Trial For Golf Course Worker Run Over By Tractor

    A Pennsylvania appeals court on Monday refused to grant a new trial to a golf course worker who alleged defects in a tractor's design resulted in it running him over, rejecting his argument that the trial court wrongly blocked his proposed jury instructions and certain claims.

  • April 12, 2021

    Walmart Owes $115M For Stealing Startup's Food Tech

    A jury in Walmart's home state of Arkansas said the world's largest retailer owes a Texas food technology startup $115 million after it developed shelf-freshness technology by shoplifting the startup's trade secrets.

  • April 12, 2021

    Apple Says Not Naming Third-Party Witnesses Was Epic Fail

    Apple has urged a California federal judge to block Epic Games from calling three witnesses in an upcoming antitrust trial unless they hand over troves of documents, saying Epic caused a "procedural Catch-22" by not disclosing their names in earlier discovery.

  • April 12, 2021

    The States Where Biden Can Name A Generation Of Judges

    As President Joe Biden starts nominating attorneys for the federal bench, he has the opportunity to name a new and more diverse generation of district judges who will shape the law for decades to come, especially in blue states like California and New Jersey, where the openings are concentrated.

  • April 12, 2021

    Ex-NFLer Settles 'Dream Home' IP Case Before Trial

    After four years of contentious litigation, a former New England Patriots linebacker and the builder he said tried to violate his copyright on a "dream home" settled Monday just hours before a bench trial was set to kick off.

  • April 09, 2021

    Former Netflix Exec Faces Bribery Charges As Trial Kicks Off

    Prosecutors accused a former Netflix executive of illegally receiving kickbacks and stock options from startups in exchange for lucrative contracts with the streaming giant during opening arguments in a bribery trial in California federal court Friday, while defense counsel argued the deals were legitimate and a product of Netflix's "no rules" culture.

  • April 09, 2021

    Fired IBM Manager Advised Against Reporting Bias, Jury Told

    An IBM sales manager allegedly fired for reporting discrimination against a subordinate admitted on the stand Friday that he discouraged the worker from going to HR at the time, saying he now regrets not making "a giant fuss."

  • April 09, 2021

    Insurer Seeks Quick Win Over Vape Device Battery Seller

    A Nationwide Mutual Insurance Co. affiliate urged a Utah federal judge on Thursday to hand the insurer a quick win in a dispute accusing the insurance company of breaching its contract when it allegedly canceled a store owner's insurance policy without providing 30 days' notice.

  • April 09, 2021

    Judge Mulls Trump Appointee's Jail Release Bid In Riot Case

    A D.C. federal judge seemed hesitant Friday to continue detaining a former Trump U.S. Department of State appointee seeking release from jail pending his trial on charges for participating in the Jan. 6 insurrection at the U.S. Capitol.

  • April 09, 2021

    New Principal Joins Jackson Lewis in NC Office

    Labor and employment law firm Jackson Lewis PC has nabbed a new principal focusing on employment litigation, marking the third new hire to join the firm's growing Charlotte, North Carolina, office in the last few months.

  • April 09, 2021

    Texas Justices End Farmers Policy Renewal Fight

    The Supreme Court of Texas has ruled that Farmers Group Inc. did nothing wrong in replacing more comprehensive homeowners policies with narrower ones, reversing an intermediate appellate court's ruling in favor of the policyholders and sending the case back to the trial court for further proceedings. 

  • April 09, 2021

    Jury Awards $1.9M In Construction Insurance Coverage Suit

    An Illinois federal jury awarded roughly $1.9 million to a construction company after finding United Fire & Casualty Insurance Co. breached its fiduciary duty and acted in bad faith when defending the company in an underlying lawsuit.

  • April 09, 2021

    Fed. Circ. Wishes L'Oreal Would Wind Down $66M IP Fight

    The Federal Circuit wants L'Oreal and hair care company Olaplex, who are on their fourth trip to the appellate court over a trade secret dispute, to consider coming to terms outside of the courtroom, it said Friday.

  • April 09, 2021

    Roku Cleared Of Infringement In $228M Interactive TV IP Trial

    A Western District of Texas jury decided on Friday that Roku Inc. had not infringed two interactive television technology patents held by software development company ESW Holdings Inc. and awarded no damages.

  • April 09, 2021

    Foot Doctor Keeps Win In Suit Alleging Botched Surgery

    The Pennsylvania Superior Court on Friday refused to overturn a jury verdict in favor of a podiatrist who allegedly fouled up a surgery on a patient, saying the jury had plenty of evidence to support the conclusion that the doctor was not negligent.

  • April 09, 2021

    Departing Attys Taking Files Can Break Law, Mass. Court Says

    Massachusetts' top court ruled Friday that attorneys who smuggle client files out the door to start a new firm can be held liable for deceptive business practices, even if they were still employed by their old firm at the time.

  • April 08, 2021

    Opioid Judge Withdraws After AbbVie Elevates His Atty Sister

    Despite drugmaker warnings of "harmful and unwarranted" disruption, an Illinois magistrate judge withdrew Thursday from Chicago's bellwether case against drugmakers in multidistrict opioid litigation after the city flagged his sister's new role overseeing thousands of opioid cases for AbbVie Inc.

  • April 08, 2021

    IBM Was Unfazed By Bias Complaint, Fired Manager Testifies

    A former IBM sales manager suing the company over his firing testified on Thursday that he was deeply distressed when a Black subordinate saw a large commission slashed without explanation, and even more so as higher-ups didn't bat an eye when he labeled it racial discrimination.

  • April 08, 2021

    Pa. High Court's Jury Bias Rule Thwarts Med Mal Retrial Bid

    A Pennsylvania appeals court ruled Thursday that the widow of a man who died following a leg amputation can't get a new medical malpractice trial due to alleged juror bias, citing a year-old state high court ruling which clarified how parties should assert such bias claims.

  • April 08, 2021

    Jurors Told Ex-Chief Engineer Stole Underwater Drilling IP

    FMC Technologies Inc. told a Harris County jury as trial got underway Thursday that it was betrayed by its former chief engineer, who stole proprietary information — including designs, programs, files and drawings — about lucrative sub-sea technology used for oil and gas drilling and took it to a direct competitor.

Expert Analysis

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • High Court Oracle Copyright Ruling Is A Boon For Innovation

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    The U.S. Supreme Court's ruling on Monday that Google made fair use of the declaring code of Oracle's Java application programming interface should encourage development of new code based on existing APIs and spur technological growth, say attorneys at Cadwalader.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Opinion

    4th Circ. Flynn Partner Ruling Misses How Jurors Really Think

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    The Fourth Circuit's recent U.S. v. Rafiekian decision, reinstating the foreign lobbying conviction of Michael Flynn's ex-business partner despite hearsay-related concerns, invoked a prevalent but unrealistic presumption that jurors follow limiting instructions, revealing the need for pragmatic analysis from appellate courts, say attorneys at Bennett Doyle.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • Recent Developments Muddle Texas Auto Insurance Rule

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    Though Texas policyholders have historically needed to establish legal entitlement before recovering underinsured or uninsured motorist benefits under an auto policy, recent court decisions and potential legislation have created some confusion, say Samantha Halpern and Harrison Yoss at Thompson Coe.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Loss Amount Is Shaping PPP Fraud Prosecution Sentencing

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    One of the most determinative factors at sentencing for Paycheck Protection Program fraud is the loss amount, and recent cases show that defendants may have an opportunity to lower it if they can demonstrate legitimate use of any of the funds, say Sami Azhari at Azhari and Michael Leonard at Leonard Meyer.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

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