Trials

  • September 24, 2020

    Feds Ask Justices To Ignore Convicted HSBC Banker's Appeal

    Federal prosecutors have urged the U.S. Supreme Court to reject former HSBC executive Mark Johnson's bid for review of his fraud conviction over a $3.5 billion trade, saying taking another party's "right to control" its own assets is a settled form of wire fraud.

  • September 24, 2020

    WDTX Judge 'Confident' Trials Can Start Oct. 1

    Texas' federal courthouse in Waco can open back up for trials on Oct. 1, its only district court judge said in an order.

  • September 24, 2020

    EEOC Backs Worker's 5th Circ. Push To Revive Race Bias Suit

    The U.S. Equal Employment Opportunity Commission has asked the Fifth Circuit to revive a Black trash hauler's race bias suit, saying a Texas federal court wrongly disregarded evidence that racial slurs were used in his workplace.

  • September 24, 2020

    Suit Over 'Jolly Trolley' Crash Ends In $4.8M Judgment

    A Delaware state judge has entered a final judgment of about $4.8 million in a suit accusing a transit company specializing in homemade "jolly trolley" trailers of causing a 2016 rollover crash that injured more than two dozen people on their way to a wedding.

  • September 24, 2020

    Judge Finds Misconduct, But Won't End Arkema Criminal Trial

    The judge presiding over the felony criminal case against Arkema and two executives over chemical releases during Hurricane Harvey determined Thursday that while the prosecutors had committed misconduct, it wasn't intentional, and declined to grant a mistrial with prejudice.

  • September 24, 2020

    'Improper' Testimony Lets Ford Skirt Punitive Award, For Now

    A California appellate court has tossed roughly $725,000 in punitive damages awarded to a Ford Motor Co. customer after a jury trial over a defective diesel engine, ruling misleading testimony by the customer's damages expert likely inflated the award.

  • September 24, 2020

    SEC Wins Fraud Trial Against Ex-Apollo Exec

    Following a nine-day bench trial, a New York federal judge Wednesday ordered a former Apollo Management LP executive to pay a $240,000 penalty for spending his clients' funds on swanky vacations, salon trips, high-end clothing and other personal expenses, ending the almost three-year U.S. Securities and Exchange Commission case.

  • September 24, 2020

    Halliburton Patent Retrial Set For Nov. After COVID-19 Delay

    The retrial of gas separator patent infringement claims against Halliburton Energy Services Inc. has been set for a November start date in Texas federal court, marking the second time the case has been postponed in response to the COVID-19 crisis.

  • September 24, 2020

    Fed. Circ. Unravels EDTX Trial Over Ethernet Patent

    The Federal Circuit on Thursday gave Network-1 Technologies Inc. a second chance to prove HP infringed its patent directed to remotely powering equipment over an ethernet network, but also revived HP's attempt to invalidate that patent in Texas federal court.

  • September 24, 2020

    Full 11th Circ. Will Rehear Case Over Holy Spirit-Led Juror

    The Eleventh Circuit said Thursday that the entire appeals court will rehear former U.S. Rep. Corrine Brown's appeal of her conviction on corruption charges, vacating a previous decision affirming the removal of a juror who believed the Holy Spirit told him the ex-Florida congresswoman was innocent.

  • September 24, 2020

    4th Circ. Says NC Law May Shield Internal Safety Complaints

    North Carolina law protected a construction worker from retaliation when he called out a colleague's on-duty intoxication, the Fourth Circuit said Thursday in a ruling clarifying protections for workers who report safety concerns internally rather than to state authorities.

  • September 23, 2020

    Pitt Professor Says Firing Over 'Killed' Comment Was Biased

    A former University of Pittsburgh dental school professor told a federal judge during a bench trial Wednesday she was fired as a result of ethnic bias after a colleague misconstrued her remark about having "killed" during the Croatian conflict as a threat.

  • September 23, 2020

    NCAA Wants Clarity On Capping Academic Awards At $5.6K

    The NCAA on Tuesday asked a California federal court to confirm that it may cap academic or graduation awards at $5,600 per year under a ruling that struck down many of the organization's restrictions on education-related benefits for college athletes after an expert for the athletes suggested that ruling allows for more than $15,000 per year.

  • September 23, 2020

    Iowa Panel Won't Order New Trial In Go-Kart Injury Suit

    A split Iowa appellate panel affirmed a defense verdict in a suit seeking to hold a go-kart racing company liable for a woman's fractured tailbone, saying Wednesday that the trial judge properly provided certain jury instructions regarding whether the woman was partly at fault.

  • September 23, 2020

    Feds Seek 12 Years For Russian LinkedIn, Dropbox Hacker

    A Russian man found guilty of orchestrating the 2012 cyberattacks against LinkedIn and Dropbox asked a California federal judge on Wednesday to sentence him to time served, a day after prosecutors urged the court to hand down a much harsher sentence of 12 years in prison.

  • September 23, 2020

    Drug Distributors Seek Out Of W.Va. Opioid Bellwether

    Drug distributors McKesson, Cardinal and AmerisourceBergen told a West Virginia federal judge they should be axed from a county's bellwether trial over the opioid epidemic, saying the state has never recognized a public nuisance claim based on a product's alleged harm.

  • September 23, 2020

    Jurors Divided In Ex-Deutsche Traders' Spoofing Trial

    Jurors told an Illinois federal judge on Wednesday they couldn't come to a consensus in a wire fraud trial accusing two former Deutsche Bank traders of unlawfully spoofing the precious metals market, but they were ordered to continue deliberating.

  • September 23, 2020

    5th Circ. Says Jury Cleared Hotel In Construction Cost Fight

    A Louisiana trial judge wrongly wiped out a jury verdict that cleared a New Orleans hotel operator of a contractor's claim that it was given flawed building plans, the Fifth Circuit has held, ordering the trial court to reinstate the original verdict. 

  • September 23, 2020

    College Rivalry Not Enough To Move Ex-NFLer's Fraud Trial

    A former NFL linebacker can't transfer charges that he was part of a scheme to defraud an NFL health fund, a Kentucky federal judge has ruled, rejecting his argument that an "intense" college football rivalry meant he couldn't find impartial jurors in the Bluegrass State.

  • September 23, 2020

    WDTX Judge Clarifies Procedures For Patent Cases

    U.S. District Judge Alan Albright has again updated the procedures for litigating patent cases in the Western District of Texas' Waco Division, including adjusting who goes first in claim construction hearings and clarifying how many terms can be involved.

  • September 23, 2020

    Platinum Partners Co-Founder Wants $5M Bond Cut To $500K

    Platinum Partners co-founder Mark Nordlicht is asking a New York federal judge to soften his release conditions while prosecutors continue to appeal the judge's decision to grant Nordlicht a new trial on fraud charges.

  • September 23, 2020

    Weil Conflict Tainted Insys Exec's Conviction, 1st Circ. Told

    The former national sales director at Insys Therapeutics Inc. told the First Circuit on Wednesday that Weil Gotshal & Manges LLP's dual role representing both him in a criminal kickback trial and the company in its bankruptcy constitutes a "serious violation" of his rights.

  • September 22, 2020

    Takeda Subsidiary Seeks $130M For Drug Firm's Spinoff Fraud

    A Takeda subsidiary told the Delaware Chancery Court on Tuesday that it should get $130 million in damages from immunotherapy drug developer Harpoon Therapeutics, after a vice chancellor found that Harpoon fraudulently induced it into buying into a cancer therapy research and investment opportunity.

  • September 22, 2020

    2nd Circ. Upholds Conn. Doctor's Insider Trading Conviction

    A Second Circuit panel affirmed the insider trading conviction of a Connecticut cardiologist who traded on nonpublic drug trial information, holding on Tuesday that there was enough evidence to show he breached his duty to the drugmaker, Regado Biosciences Inc.

  • September 22, 2020

    Baker Donelson Legal Lion, 85, Leaves Rich Trial Legacy

    Baker Donelson luminary Leo Bearman Jr., the colorful Memphis trial lawyer who once built the front end of a truck in a courtroom and who helped prosecute assassin James Earl Ray, has died at age 85.

Expert Analysis

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Lessons From An In-Court Jury Trial During The Pandemic

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    Following a recent in-person jury trial at the Indiana Supreme Court, Angela Hall and Jason Rauch at Faegre Drinker offer takeaways on remote trial preparation, socially distanced voir dire and evidence presentation during the COVID-19 era.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Overlooked Patent Cases: Lessons On Section 101 Motions

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    As motions to dismiss based on patent eligibility under Section 101 are on the rise, recent, lesser known federal district court decisions offer several drafting insights for patent owners facing eligibility attacks at the pleadings stage, particularly in the high-tech space, say attorneys at Akin Gump.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Fed. Circ. Constraints On PTAB Expertise Are Problematic

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    The recent Patent Trial and Appeal Board ruling in Velasco Diez v. McAllister illustrates the problem with a Federal Circuit precedent holding that the board cannot apply its technical expertise as a substitute for expert witnesses, and it offers an invitation to gamesmanship, say Charles Gholz and Daniel Pereira at Oblon McClelland.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • How The Pandemic Is Changing Stock Volatility Calculations

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    The COVID-19 pandemic is causing changes to beta measurement of stock sensitivity to market movements, and experts face the difficult question of whether to incorporate this changed beta into valuations in litigation, say Andrew Roper at Catalyst Economic Consulting and Clifford Ang at Compass Lexecon.

  • Food Label Ruling Shows How To Make Preemption Stick

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    A California federal court’s recent ruling in Allen v. Conagra Foods, that food mislabeling claims were preempted under U.S. Food and Drug Administration regulation, illustrates how defendants can defeat attempted circumvention of federal preemption, say Jane Metcalf and Brandon Trice at Patterson Belknap.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • 4 Inventorship Lessons From Fed. Circ.'s Dana-Farber Ruling

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    The Federal Circuit's recent decision in Dana-Farber v. Ono Pharmaceutical demonstrates how inventorship issues can play out over the course of discovery, development and litigation, and also provides strategic considerations for patentees, investors and challengers, say Siegmund Gutman and Sarah Cork at Proskauer.

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