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Trials
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May 03, 2024
Ex-Defender Can't Make Feds Release Harassment Reports
A North Carolina federal court rejected a former assistant federal defender's bid to have the federal government release certain #MeToo evidence following a trial over her claims of a botched sexual harassment probe, saying she was "woefully late" in deciding to challenge its confidentiality status.
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May 03, 2024
Menendez Says Feds' Talk Of Psychiatrist Invaded Privacy
U.S. Sen. Bob Menendez says prosecutors in his corruption case violated a New York federal court order and may have tainted the jury pool by allegedly revealing his sensitive private health information in a publicly filed motion opposing the New Jersey politician's request to introduce expert testimony by a psychiatrist.
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May 03, 2024
Coverage Recap: Day 7 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day seven.
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May 03, 2024
2nd Circ. Upholds Adidas TM Trial Loss To Thom Browne
The Second Circuit upheld a jury verdict that found fashion brand Thom Browne's shoes and apparel did not rip off Adidas' iconic three-stripe logo, saying Friday that a Manhattan federal judge did not make a mistake with the instructions he provided jurors.
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May 03, 2024
No Retrial Coming After $20M Cannabis Investor Verdict
A Los Angeles judge has denied a bid by CADM Inc. for a retrial following a $20 million verdict against it and its affiliates on claims that they defrauded investors with a real estate scheme, finding that the motion was not served to the proper attorneys on time, and even if it had been, the judgment would stand.
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May 03, 2024
Kwok's Ex-Chief Of Staff Pleads Out Before $1B Fraud Trial
The former chief of staff to exiled Chinese billionaire Ho Wan Kwok pled guilty in Manhattan federal court on Friday to participating in a $1 billion investor fraud, less than three weeks before she was scheduled to go to trial alongside her erstwhile boss.
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May 02, 2024
Whistleblower Claims Would 'Destroy' Autonomy, GC Was Told
Autonomy's former U.S. general counsel testified Thursday in the criminal fraud trial of former CEO Michael Lynch that the company's chief operating officer didn't want a whistleblower's claims to get into court, telling him that while the "law" was on their side, "the facts look bad" and would "destroy Autonomy."
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May 02, 2024
NY Jury Hears Trump On Tape Discussing $150K Payment
Manhattan jurors in Donald Trump's criminal trial heard secretly recorded conversations of the former president discussing what prosecutors say is a $150,000 hush money payment for a former Playboy model intended to boost his 2016 election campaign.
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May 02, 2024
'Inflammatory' Words Spark Sanctions Bid In Child Death Suit
Catholic Charities Corp. and the estate of a 5-year-old boy who an Ohio jury said died in part because of the nonprofit's negligence sparred over whether it violates a "golden rule" of litigation for the jury to picture the boy's suffering, with the nonprofit seeking sanctions over what it considered to be "inflammatory" statements by the estate's attorney.
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May 02, 2024
Jury Finds MacroAir Infringed Big Ass Fans' Patents
Following a four-year dispute between a home-cooling outfit called Big Ass Fans and major rival MacroAir Technologies Inc., a California federal jury has found that MacroAir owes just about $665,000 in patent damages as well as an additional amount for false advertising, a total that was well below the over $100 million requested.
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May 02, 2024
Google Judge Ponders Search Engine's Might At Trial Closings
The quality of Google's search engine, and what it would take to actually challenge the company's grip on default placements on Apple browsers and Android phones, were top of mind Thursday for the D.C. federal judge weighing U.S. Department of Justice monopolization allegations.
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May 02, 2024
'We're Not All Innocent': 6th Circ. Tackles Whitmer Kidnap Case
A Sixth Circuit panel on Thursday questioned prosecutors who convicted two men of plotting to kidnap Michigan's governor who argue they should have been able to show jurors more evidence to support their entrapment defense, with one judge saying there's a gray area between being "innocent" and being "predisposed" to commit a crime.
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May 02, 2024
Conn. Venue Did Not Taint Malware Conviction, 2nd Circ. Says
The Second Circuit on Thursday upheld a Russian citizen's conviction for his role in supporting hackers to infect hundreds of thousands of computers with malware, saying the government provided sufficient evidence while also rejecting his argument that the Connecticut federal district court was the wrong venue for the matter.
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May 02, 2024
Chiquita Paid Militants To Save Lives, Ex-Ops Chief Testifies
Chiquita's former head of Colombia operations testified in Florida federal court Thursday on payments he approved to militant groups in the country during a period of intense warfare in the 1990s, saying his company was left with little choice but to make the payments because workers' "lives were at stake."
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May 02, 2024
Ship Captain Gets 4 Years Over Boat Fire That Killed 34
A California federal judge on Thursday sentenced a ship captain to four years in prison over his conviction stemming from a deadly boat fire that killed 34 people, citing the captain's remorse and lack of ill intent as he declined to impose the government's and some victims' family members' request for the statutory maximum of 10 years.
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May 02, 2024
Abu Ghraib Contractor Torture Liability Case Ends In Mistrial
A Virginia federal judge on Thursday declared a mistrial in a suit accusing military contractor CACI International of aiding and abetting torture at the Abu Ghraib military prison in Iraq, after the jury deadlocked following extensive deliberations.
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May 02, 2024
Camp Lejeune Litigants Ask Court Who Can Represent Family
Family members of former residents of Camp Lejeune who died, allegedly after being exposed to contaminated drinking water, asked the North Carolina federal court overseeing the litigation on Wednesday to clarify who can qualify to act as a legal representative for out-of-state decedents.
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May 02, 2024
9th Circ. Backs Game Developer's Win In Sex Harassment Suit
The Ninth Circuit declined Thursday to reinstate a lawsuit a former employee brought against a video game developer accusing it of subjecting him to lewd jokes and firing him after he complained, saying a lower court didn't err by admitting certain evidence at trial.
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May 02, 2024
Law Professor Gets $361K Illegal Recording Verdict Axed
A New Jersey federal judge has agreed to vacate a $361,000 verdict against a law professor who a jury determined illegally wiretapped her former son-in-law and invaded his privacy.
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May 02, 2024
Coverage Recap: Day 6 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day six.
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May 02, 2024
If High Court Upends Jan. 6 Conviction, What Happens Next?
If the U.S. Supreme Court decides prosecutors overstepped by charging a rioter who stormed the Capitol with obstruction, the results will likely be mixed for hundreds of other defendants charged with the same crime, particularly those who have been convicted. That post-appeal uncertainty is nothing new, defense attorneys say.
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May 02, 2024
Feds Try To Bar Psychiatrist's Testimony From Menendez Trial
Prosecutors have urged a Manhattan federal judge to bar U.S. Sen. Bob Menendez from introducing expert testimony at his upcoming bribery trial that he lived frugally and that his family's escape from an autocratic Cuban regime led him to develop a "fear of scarcity" and store large amounts of cash at home.
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May 02, 2024
Plaintiff To Share 'Horrific' Story In First Zantac Cancer Trial
The first trial in sprawling state and federal litigation over whether a chemical in Zantac heartburn medication and its generic counterparts causes cancer began Thursday in a packed Chicago courtroom, with counsel for an 89-year-old Illinois woman telling jurors her colorectal cancer diagnosis and the suffering it's caused can be attributed to her 20-year use of the drug.
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May 01, 2024
Autonomy CEO's Atty Says Judge 'One-Sided' Against Client
A Steptoe LLP partner representing former Autonomy CEO Michael Lynch in his criminal fraud jury trial accused the judge overseeing the case of making comments to the jury that are "one-sided" in a way that prejudices the defense.
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May 01, 2024
Eastman Denied Stay Of Inactive Status To 'Safeguard' Public
A State Bar Court of California judge on Wednesday denied a request from Donald Trump's onetime attorney John Eastman to delay placing him on inactive enrollment while he appeals the recommendation for his disbarment, saying he hasn't shown that "he no longer presents a threat to the public."
Expert Analysis
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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Perspectives
Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity
The U.S. Supreme Court’s unanimous decision last week in McElrath v. Georgia, barring the state from retrying a man acquitted of murder after a so-called repugnant verdict, is significant in the tangled web of double jeopardy jurisprudence for its brief and unequivocal protection of an acquittal’s finality, says Lissa Griffin at Pace Law School.
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High Court Forfeiture Case Again Pits Text Against Purpose
In oral arguments Tuesday in McIntosh v. U.S., the U.S. Supreme Court will consider whether a federal court can impose asset forfeiture on a defendant even if it doesn’t comply with timing rules, which may affect the broader interpretation of procedural deadlines — and tees up the latest battle between textualism and purposivism, say Anden Chow and Christian Bale at MoloLamken.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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More Than Drugs At Stake In High Court's 'Blind Mule' Case
The U.S. Supreme Court's eventual decision in Diaz v. U.S., evaluating whether expert witnesses may testify that most defendants caught with drugs at the border know they are transporting drugs, could have implications for prosecuting everything from complex financial crimes to gun and drug cases, says Kenneth Notter at MoloLamken.
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Why Fla. High Court Adopting Apex Doctrine Is Monumental
The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.
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A Refresher On Witness Testimony In 3 Key Settings
The recent controversy over congressional testimony from university presidents about antisemitism on campus serves as a reminder to attorneys about what to emphasize and avoid when preparing witnesses to testify before Congress, and how this venue differs from grand jury and trial proceedings, say Jack Sharman and Tyler Yarbrough at Lightfoot Franklin.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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Considering The Logical Extremes Of Your Legal Argument
Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.
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Storytelling Strategies To Defuse Courtroom Conspiracies
Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.
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Lessons From Rare Post-Verdict Healthcare Fraud Acquittal
A Maryland federal court recently overturned a jury verdict that found a doctor guilty of healthcare fraud related to billing levels for COVID-19 tests, providing defense attorneys with potential strategies for obtaining acquittals in similar prosecutions, says attorney Andrew Feldman.
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Calif. Disclosure Update Adds To Employer Trial Prep Burden
Though California’s recently updated litigation disclosure procedures may streamline some aspects of employment suits filed in the state, plaintiffs' new ability to demand a wider range of information on a tighter timeline will burden companies with the need to invest more resources into investigating cases much earlier in the process, says Jeffrey Horton Thomas at Fox Rothschild.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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3 Principles For Minimizing The Risk Of A Nuclear Verdict
In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.