Trials

  • November 28, 2023

    Justices Wary Of Ga. Retrial Law: 'An Acquittal Is An Acquittal'

    The U.S. Supreme Court seemed dubious Tuesday that a Georgia law allowing for the re-prosecution of all criminal charges in certain cases with contradictory jury verdicts, including partial acquittals, passes constitutional muster, bombarding the state's solicitor general with questions on how the law fits into the nation's tradition of respecting jury verdicts.

  • November 28, 2023

    4th Circ. Denies Ex-Defender's Bid To Hurry Harassment Trial

    The Fourth Circuit said Tuesday it won't interfere with the trial schedule in a former public defender's sexual harassment case against the federal judiciary, rejecting the attorney's arguments that the district court has moved too slowly on her preliminary injunction request.

  • November 28, 2023

    Former Texas State Judge, Trial Atty Joins Sorrels Law

    Texas-based firm Sorrels Law announced Tuesday that it has hired a former Harris County state court judge as a trial attorney within its team of personal injury lawyers.

  • November 28, 2023

    Murdaugh Gets 27 Years For Financial Crimes

    Disgraced lawyer and convicted murderer Alex Murdaugh was sentenced Tuesday to 27 years in prison by a South Carolina state judge for stealing $12.4 million from his law partners and clients and evading taxes, a white collar punishment that prosecutors said was "more than Enron, more than WorldCom."

  • November 28, 2023

    Bannon Ally Says He Won't Flee If Released In $1B Fraud Case

    Accused fraudster Ho Wan Kwok, who faces charges over an alleged $1 billion fraud, said his status as a political refugee means he is not a flight risk and that he needs to be let out of a Brooklyn federal prison for the sake of his health.

  • November 28, 2023

    United To 'Aggressively' Push For Low-Cost Flyers, Exec Says

    A United Airlines executive testified Tuesday in the government's challenge to JetBlue's $3.8 billion purchase of Spirit Airlines that his airline intends to "aggressively" compete for the most price-sensitive customers as it expands its fleet with bigger aircraft capable of offering more seats for its bare-bones, basic economy offering. 

  • November 28, 2023

    Law Firm Leaders Cautiously Optimistic Heading Into 2024

    Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.

  • November 28, 2023

    The 2023 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.

  • November 28, 2023

    COVERAGE RECAP: Day 35 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 35.

  • November 27, 2023

    Trump Can't Subpoena Jan. 6 Docs In Election Criminal Case

    The D.C. federal judge overseeing Donald Trump's criminal election-interference case denied the former president's bid to subpoena records from the investigation into the Jan. 6 attack on the U.S. Capitol Building, saying Monday that Trump's "vague" motion resembled a "fishing expedition."

  • November 27, 2023

    Google's Android Monopoly Harms Users, Stanford Prof Says

    A Stanford economics professor took the stand Monday in Epic Games' antitrust suit over Google's Android app store, saying it holds a monopoly on the market for smartphone operating systems and uses anticompetitive tactics to stifle rivals, meaning smartphone users and developers "have suffered as a result."

  • November 27, 2023

    NY Adult Survivors Act Window Shuts, Airing Years Of Abuse

    While survivors of sexual abuse and their attorneys rushed last week to file otherwise time-barred lawsuits before the New York Adult Survivors Act's lookback window closed, attorneys are waiting to see if the law allows them to hold alleged assailants and enabling institutions to account.

  • November 27, 2023

    Young Thug Lyrics Will Prove Up RICO Case, Ga. Jury Hears

    Rapper Young Thug's songs are the key to understanding that he and five others carried out a racketeering operation under the Young Slime Life name, a Georgia prosecutor told a jury in long-awaited opening arguments Monday.

  • November 27, 2023

    Gaming Patent Trial Paused Amid Criminal Probe Of Bot Fraud

    A California federal judge has pushed mobile game-maker Skillz's December patent infringement trial against rival AviaGames to February after Skillz alleged AviaGames used bots to "cheat the public," which sparked a criminal grand jury investigation.

  • November 27, 2023

    MGA Unlikely To Get Quick Appeal Of 3rd Doll IP Trial Order

    A California federal judge overseeing rapper T.I.'s $100 million intellectual property dispute against MGA Entertainment appeared ready at a Monday hearing to stick with his tentative decision to deny the toy giant's request to pause the proceedings and certify for interlocutory appeal his ruling that ordered a third trial in the case. 

  • November 27, 2023

    Ex-Wife Can't Use 'Chocolate Moonshine' Formula, Jury Hears

    Christopher Warman Sr. may have learned a fudge recipe from a New England chocolatier, but it was his own tweaks and improvements to that formula that made it a trade secret — one his ex-wife and her new business partners should be barred from using, Warman's attorney told a Pittsburgh jury Monday.

  • November 27, 2023

    What's Next For Labor Enforcement After DOJ Punts Case?

    The future of U.S. Department of Justice criminal prosecutions against "no-poach" deals between rival employers appears troubled after the DOJ dropped its last still-pending public case following a series of high-profile losses, in one of two cases Antitrust Division prosecutors quietly abandoned in a single week.

  • November 27, 2023

    Sentencing Guidelines Boosted For Atty In Pot Bribe Case

    An attorney convicted in a marijuana licensing bribery scheme faces a potentially stiff sentence after a Boston federal judge on Monday rejected the defendant's math, showing he only gained $15,000 from the crime, but stopped short of adopting prosecutors' calculations pegging the gain at $100,000 or more. 

  • November 27, 2023

    Holdouts In Alexion Insider Trading Case Get May Trial Date

    A Manhattan federal judge set a May 2024 trial date Monday for the last two defendants to deny their participation in an alleged five-man insider trading ring revolving around Alexion Pharmaceuticals Inc.'s $1.4 billion purchase of another biotech firm.

  • November 27, 2023

    Trump Downplays NY Judge's Safety Risk After Threats

    Donald Trump's lawyers on Monday said safety concerns don't justify a New York state judge's gag orders against the former president in the state attorney general's civil fraud trial, arguing that threats made by others don't present an "imminent" danger and should not result in his loss of First Amendment rights.

  • November 27, 2023

    MoreMarrone Settles DuPont Fee Spat With Co-Counsel

    Two law firms embroiled in a dispute over how to divide some $1.8 million in attorney fees from a successful class action against DuPont have agreed to settle their claims for a six-figure sum before trial.

  • November 27, 2023

    COVERAGE RECAP: Day 34 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 34:

  • November 24, 2023

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

    The past week in London has seen Glencore face a claim from collapsed hedge fund Eton Park in the wake of its bribery scandal, the ex-CFO of Peppa Pig and Teletubbies toymaker bring data protection proceedings against the employment barrister who represented him at tribunal, and Delta Airlines check in to fresh trademark proceedings against hotel chain Marriott. Here, Law360 looks at these and other new claims in the U.K.

  • November 22, 2023

    Triple Trouble: Justices Set To Scrutinize 3-Strikes Circuit Split

    One of the most heavily litigated laws at the U.S. Supreme Court — three-strikes sentencing instituted under a Reagan-era clampdown on street violence and drugs — returns to the high court Monday, but this visit will be anything but ordinary, occurring amid an eruption of circuit court conflicts and presenting the prospect of a jolt to the nation's criminal defense docket.

  • November 22, 2023

    Patent Biz Drops WDTX Case Against Apple

    Patent licensing company Arigna has agreed to drop its patent suit in the Western District of Texas against Apple, almost a year and a half after the Irish business reached a settlement with Samsung in the same court.

Expert Analysis

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Ga. Appeal Shows Benefits Of Questioning Jury Instructions

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    A Georgia Court of Appeals’ October decision, holding a trial court erred in using pattern jury instructions that refer to a long-repealed standard of evidence, underscores the importance of scrutinizing language in established jury instructions and seizing the opportunity to push back against outdated patterns, say attorneys at Troutman Pepper.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • How Social Media Can Affect Trial Outcomes

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    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Young Thug Case Spotlights Debate Over Lyric Admissibility

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    A Georgia court’s recent ruling, allowing prosecutors to use some of rapper Young Thug’s lyrics in his conspiracy trial, captures the ongoing debate about whether rap lyrics are admissible, with courts often stretching the boundaries of the federal evidence rules, say Amy Buice at Smith Gambrell and Emily Ward at Continuum Legal Group.

  • Opinion

    Prosecutors Must Choose Wisely When Enforcing Rule Of Law

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    When considering charging a person for a crime, prosecutors must choose when to enforce the rule of law, and comparing the Donald Trump election case with the gun and drug charges against Hunter Biden can teach a lot about deciding which cases to pursue, says former Connecticut judge Thomas Moukawsher.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • A Look At DOJ's New Nationwide Investment Fraud Approach

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    Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.

  • 5th Circ. Ruling May Beget Fraud Jury Instruction Appeals

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    The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.

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