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Trials
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September 04, 2025
Covington Brings Back DOJ Leader To Helm FCA Practice
Covington & Burling LLP is welcoming back a former deputy assistant attorney general overseeing civil fraud with the U.S. Department of Justice to serve as the chair of its False Claims Act investigations and litigation practice group, the firm said Thursday.
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September 04, 2025
Apple Affiliate Wants To Untie Classes After Wage Verdict
A Fourth Circuit decision undoing classes of Bojangles managers is a significant change of law that should dismantle five classes in a wage and hour suit that snagged $839,000 from an Apple-affiliated repair company, the company told a North Carolina federal court.
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September 03, 2025
Trump Seeks To Have Justices Toss E. Jean Carroll Verdict
President Donald Trump said Wednesday that he's planning to challenge writer E. Jean Carroll's $5 million sexual assault finding against him at the U.S. Supreme Court, asking the high court to give him 60 days to file a petition for the justices to review "significant issues."
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September 03, 2025
TikTok, Chinese Co.'s $845M IP Fight Heads To October Trial
A California federal judge refused to fully grant TikTok Inc. summary judgment or a terminating-sanctions win in a Chinese company's $845 million lawsuit accusing the social media giant of stealing video-editing tool trade secrets and infringing its copyrights, finding that the dispute must go to an October jury trial.
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September 03, 2025
Judge Waves Off Need To Block NASCAR Charter Sales
A North Carolina federal judge on Wednesday denied another request for a preliminary injunction in two NASCAR teams' breakneck antitrust battle against the racing organization, finding its commitment not to sell any more charters this season is enough for the teams ahead of a December trial.
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September 03, 2025
Google Can Thank AI's Rise For Mixed Search Remedies
Despite Google's resounding defeat last year in the U.S. Department of Justice's case targeting its search monopoly, the company will face only a mixed bag of remedies aimed at propping up search engine rivals and limiting its distribution contracts.
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September 03, 2025
Atty Says Ex-Client Was Suicidal After Trial In Fla. Prof's Death
A criminal defense attorney who previously represented Donna Adelson testified in Florida state court Wednesday that her former client was suicidal following her son's 2023 conviction in the murder of a Florida State University law professor, saying there was a discussion that vacationing would benefit her mental health.
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September 03, 2025
Atty's 'Highly Prejudicial Falsehood' Sparks Med Mal Retrial
A Pennsylvania appellate panel has overturned a patient's trial win in a medical malpractice suit over a foot amputation, saying plaintiff's counsel's "highly prejudicial falsehood" to the jury during opening statements "tainted the trial at its inception" and warranted a new trial.
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September 03, 2025
Fed. Circ. Upholds Zynga PTAB Win Axing IGT Patent Claims
The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that mobile game maker Zynga was able to show claims in an IGT patent were invalid, handing another loss to the gambling technology company.
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September 03, 2025
Samsung Argues New PTAB Memo Can't Undo Its Patent Win
A new memo from the patent office's acting director that limits arguments available to patent challengers cannot be used to overturn a Patent Trial and Appeal Board decision invalidating a patent at issue in a $279 million verdict against Samsung, the tech giant has argued.
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September 03, 2025
Amex Owes $12M In Antisteering Rule Suit, NY Jury Holds
A New York federal jury ordered American Express Co. to pay over $12 million to a class of Illinois consumers after finding the company liable under Illinois state law for overcharges that the class says they experienced due to so-called antisteering rules Amex imposed on merchants that accept Amex cards.
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September 03, 2025
9th Circ. Upholds Ruling Against Wash. Tribe's Fishing Claims
A Ninth Circuit panel Wednesday affirmed a lower court's ruling that determined a Washington tribe fell short of its evidentiary burden to establish that a 19th century treaty included its customary fishing grounds near the Puget Sound after vacating the dispute for further review last year.
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September 03, 2025
Investment Co. Founder's Life Insurance Award Dropped To $1
The Fourth Circuit affirmed Wednesday that a jury did not have sufficient evidence to conclude that historian and investment firm founder Malcolm Wiener suffered $16 million in damages over a canceled life insurance policy, saying Wiener may only recover $1 in nominal damages.
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September 03, 2025
Google Owes Over $425M For Collecting App Data, Jury Says
A California federal jury concluded Wednesday that Google unlawfully collected information from 98 million cellphone users who'd asked the tech giant not to track their app activity, awarding over $425 million in damages but finding punitive damages are not warranted in the class action.
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September 03, 2025
Consumers Defend Apple Antitrust Claims, Class Cert.
Consumers defended their antitrust claims over Apple's App Store policies, arguing that Apple restricts the distribution of apps on its devices to block competition, not as part of a legitimate design choice, while also trying to preserve a class expected to include 185 million members.
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September 03, 2025
Feds Seek $140M Fine For Mich. Energy Co. Over Air Pollution
The federal government on Tuesday advocated for $140 million in penalties for a Michigan energy company the government alleges shares responsibility for air pollution resulting from coke production, while the energy company maintained it tried to comply with the state-issued permit, in briefs filed this week ahead of a bench trial later this month.
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September 03, 2025
NC Panel Revives Biotech Co.'s Legal Malpractice Case
A divided North Carolina appellate panel on Wednesday partially revived a biotech company's case accusing its former counsel of botching its defense in a $26 million defamation suit, finding the refiled complaint is not barred by the state's four-year statute of repose on legal malpractice claims.
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September 03, 2025
Liberace Piano Dispute Returns To 1st Circ. After Gibson Win
A Massachusetts music shop took its campaign to hold onto Liberace's rhinestone-encrusted piano to the First Circuit for the second time Wednesday, telling the appellate court that Gibson Guitars should never have been allowed to ask a jury for its return.
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September 03, 2025
Mich. Panel Orders New Trial After Race-Based Juror Removal
A Michigan appeals court has reversed a murder conviction, finding that a man should be given a new trial because prosecutors struck three prospective Black jurors from his trial for racially motivated reasons.
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September 03, 2025
Sports Doctor Group Can't Ditch $8.5M Patient Death Verdict
A Connecticut appeals panel won't let surgical group Orthopaedic Sports Specialists PC out of an $8.5 million wrongful death verdict in a suit from the estate of a patient who died after a knee replacement, rejecting its arguments challenging the trial court's handling of witness examination.
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September 03, 2025
Special Master Says Sherwin-Williams' Conduct Merits Fees
A special master has recommended that a Pennsylvania federal court require paint maker Sherwin-Williams to pay fines, including attorney fees, due to its "unreasonably aggressive litigation strategy" in a patent dispute with a rival.
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September 03, 2025
Archegos Witness Avoids Prison After 'Extensive' Cooperation
A former accountant who served as director of risk at Archegos before its fraud-driven collapse avoided prison Wednesday after a Manhattan federal judge said his testimony was crucial in securing the conviction and 18-year prison sentence imposed on fund founder Bill Hwang.
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September 03, 2025
Judge Accepts DNA Evidence In Gilgo Beach Case
A New York state court judge ruled Wednesday that DNA evidence allegedly linking accused Gilgo Beach serial killer Rex Heuermann to the bodies of women found dead on Long Island can be considered by a jury, marking the first time the scientific technique known as whole genome sequencing has passed such rigorous admissibility standards.
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September 02, 2025
Challenging Jury Selection Begins In NJ Clergy Abuse Trial
The first Roman Catholic clergy abuse trial in New Jersey state court began Tuesday, with jury selection highlighting the distinct considerations of voir dire in a case requiring sensitivity for accusers.
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September 02, 2025
Billions Or 'Bogus'? Google Privacy Case Goes To Calif. Jury
Google should pay billions of dollars in compensatory damages for unlawfully collecting data from 98 million cellphone users, a lawyer for a class of consumers told a California federal jury during closing arguments Tuesday, while Google said it obtained consent and called the damages sought "bogus."
Expert Analysis
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.
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A Recurring Atty Fee Question Returns To Texas High Court
As the Texas Supreme Court is poised to decide if it will once again address — in Maciejack v. City of Oak Point — when a party must segregate attorney fees it seeks to recover, litigators would be wise to contemporaneously classify fees as either recoverable or unrecoverable, say attorneys at Munck Wilson.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Nev. Fraud Ruling Raises Stakes For Proxy Battles
Though a Nevada federal court’s recent U.S. v. Boruchowitz decision involved unusual facts, the court's ruling that board members can be defrauded of their seat through misrepresentations increases fraud risks in more typical circumstances involving board elections, especially proxy fights, say attorneys at ArentFox Schiff.