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Trials
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October 04, 2024
NC Physician Assistant Sentenced To 6 Years For $10M Fraud
A North Carolina federal court handed down a 72-month prison sentence to a physician assistant after a federal jury in Charlotte found him guilty of rubber-stamping bogus prescriptions for genetic testing to the tune of more than $10 million.
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October 04, 2024
SSI Wins $16M From Wisconsin Jury Over Fuel Tank Sensor IP
KUS Technology Corp. must pay rival sensor company SSI Technologies LLC more than $16 million for willfully infringing a patent for a fuel tank sensor, a Wisconsin federal jury verdict ruled Thursday.
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October 04, 2024
Up First At High Court: Civil Rights, Ghost Guns, Atty Fees
The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.
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October 04, 2024
Why There's No Mistrial Yet In 'Messed Up' Young Thug Case
Legal experts told Law360 that concerns about sunk cost and the possibility of defendants claiming double jeopardy may be the reasons why Young Thug's long and troubled racketeering trial has continued in Georgia despite more than 40 mistrial motions filed by defendants arguing prosecutorial misconduct and judicial bias.
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October 04, 2024
Repeat Fraudster Guilty Of Scamming Ex-NBA Players
A Manhattan federal jury on Friday convicted a Georgia businessman and recidivist fraudster of conning former NBA players Dwight Howard and Chandler Parsons out of $8 million through the use of forged documents and other lies.
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October 03, 2024
Trump Says Justices' Jan. 6 Ruling Shields Him From Charges
Former President Donald Trump on Thursday told a Washington, D.C., federal judge that charges accusing him of scheming to subvert the 2020 election results cannot stand after the U.S. Supreme Court limited prosecutors' use of an obstruction statute against defendants accused of storming the U.S. Capitol on Jan. 6, 2021.
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October 03, 2024
Cognizant Worker Transfers From India Declining, Jury Told
Cognizant Technologies rested its defense Thursday of class action claims that it is biased toward Indian workers after a company executive testified that the number of employee transfers from India to the U.S. has steadily decreased since 2014, bringing to a close live testimony in the racially charged retrial.
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October 03, 2024
'Charlatan' Colo. Clerk Gets 9 Years In Election Breach Case
A Colorado state judge on Thursday called a former county clerk an attention-seeking "charlatan" before sentencing her to nine years behind bars for helping a man get unauthorized access to county voting equipment based on unfounded theories of a stolen 2020 election.
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October 03, 2024
NC Woman Sues Duke Energy Over Coal Ash Management
A Catawba County woman has hit Duke Energy with a lawsuit in a North Carolina state court asserting that contamination stemming from its management of coal ash waste caused her to develop kidney cancer.
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October 03, 2024
Don't Buy Ex-NBA Star's 'Dumb Athlete' Routine, Jury Told
A Manhattan federal jury on Thursday prepared to deliberate fraud charges against a Georgia businessman accused of fleecing ex-NBA superstar Dwight Howard out of $7 million, after the defendant's lawyer argued that Howard misleadingly portrayed himself as a naive victim.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
High Court Told Bid-Rigging Conviction Was Rightly Tossed
A former Contech executive is urging the U.S. Supreme Court to reject the government's effort to revive his bid-rigging conviction, saying enforcers are asking for a rule that would make common agreements between manufacturers and distributors vulnerable to legal challenge.
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October 03, 2024
Chinese Nationals Get Prison For Counterfeit IPhone Caper
Two Chinese citizens residing in Maryland have been sentenced to prison after being convicted for their roles in a $2.5 million scam that involved submitting over 6,000 counterfeit iPhones to Apple, inducing the company to replace the fakes with real smartphones.
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October 03, 2024
Flint Water Judge Wishes Public Knew Case Complexity
A Michigan federal judge on Thursday gave the final approval to a $25 million settlement to end claims from a class of Flint adults and businesses accusing a firm of failing to properly alert officials about the dangers of the city's water, noting that the case took years to resolve because it involved complicated legal issues.
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October 03, 2024
Mine Can't Toss CSX's Suit Over Derailment After Hurricane
A North Carolina federal judge won't throw out claims from CSX Transportation Inc. against a North Carolina sand and gravel mine over a 2018 derailment, finding there's sufficient evidence for a jury to conclude the mine was negligent in its water management, leading to erosion following Hurricane Florence that washed out a section of track.
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October 03, 2024
Jones Day Parental Leave Bias Claims Must Go To Jury
Jones Day will have to defend its family leave policy at trial against claims from married ex-associates who say it is discriminatory and violates District of Columbia law, a D.C. federal judge said Thursday in concluding such bias allegations were a close call.
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October 03, 2024
NJ Panel Opens Door To Remote Testimony In Criminal Cases
Trial courts have the authority to hear requests for experts to testify remotely in criminal trials without the state's permission, a New Jersey state appellate panel found in a precedential ruling on Thursday, saying court rules and precedent that seemed at odds could be interpreted harmoniously.
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October 03, 2024
Giuliani's Fla. Condo Is Not Off Limits, Ga. Poll Workers Say
Two Georgia women who Rudy Giuliani accused of committing ballot fraud in the 2020 presidential election say his $3.5 million Florida condominium should be sold to help cover their $148 million defamation win against him, arguing he never established a "homestead" there before they brought a lien.
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October 02, 2024
Atty 'Malfeasance' Upends NY Manslaughter Conviction
A New York state judge reversed a manslaughter conviction against a man who says he mistakenly killed his friend, ordering a retrial after it was revealed his then-attorney concealed information he obtained about the trial judge's concerns with the defense's case.
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October 02, 2024
Cognizant Exec Cites India's Talent Pool To Explain Workforce
A Cognizant Technologies vice president repeatedly denied in testimony Wednesday that the company is biased toward Indian workers in a class action brought by former employees, and said the company's high percentage of Indian workers with visas is due to the "vast pool of engineering talent" in that country.
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October 02, 2024
Ex-Federal Judge's Sex Misconduct Spurs New Criminal Trial
The sexual misconduct scandal that toppled a federal judge in Alaska has now caused a criminal conviction to be overturned, despite prosecutors' insistence that the judge's "out-of-court judicial misconduct" had no effect on the trial.
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October 02, 2024
Kroger Partner Denies At Trial It Will Flip Acquired Stores
The grocery wholesaler set to take on hundreds of stores if Kroger's $25 billion merger with Albertsons goes through defended its ability to meet the challenge Wednesday, with its CEO and a potential executive testifying in parallel proceedings in Colorado and Washington state.
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October 02, 2024
Giuliani Asks DC Circ. To Ax Poll Workers' $148M Judgment
Rudy Giuliani urged the D.C. Circuit Wednesday to throw out the $148 million damages awarded to two Georgia poll workers the former New York City mayor falsely accused of committing ballot fraud during the 2020 presidential election, saying they didn't establish he published the misinformation with actual malice.
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October 02, 2024
Paralyzed Texas Man Awarded $59M In Med Mal Suit
A Texas jury has awarded more than $59 million to a man who had alleged he was left paralyzed when doctors at Baptist Beaumont Hospital delayed properly diagnosing and treating his spinal condition.
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October 02, 2024
Avadel Tells Fed. Circ. It Should Be Free To Test Sleep Drug
Specialty-drug maker Avadel Pharmaceuticals says a Delaware federal court went too far in blocking it from testing a narcolepsy drug to treat an uncommon sleep disorder after finding that it infringed a patent covering a rival's narcolepsy drug.
Expert Analysis
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Trending At The PTAB: Permissible New Reply Arguments
In the time since the Federal Circuit’s Axonics ruling, the Patent Trial and Appeal Board has allowed petitioners to raise new unpatentability grounds in response to unforeseeable claim constructions in petitions, and reiterated that a petition need not anticipate every argument that may be raised in the response, say Joseph Myles and Timothy May at Finnegan.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Perspectives
Justices' Forfeiture Ruling Resolves Nonexistent Split
The U.S. Supreme Court’s decision in McIntosh v. U.S., holding that a trial court’s failure to enter a preliminary criminal forfeiture order prior to sentencing doesn’t bar its entry later, is unusual in that it settles an issue on which the lower courts were not divided — but it may apply in certain forfeiture disputes, says Stefan Cassella at Asset Forfeiture Law.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Circumstantial Evidence Requires A Pointillist Approach
Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.
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Questions Persist After Ruling Skirts $925M TCPA Award Issue
After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.
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Discord Stock Case Toss Means Little For Fraud Defendants
A Texas federal court’s recent dismissal of fraud charges related to a "pump and dump" scheme on Discord is an outlier after the U.S. Supreme Court scrapped the right-to-control theory of fraud last year, and ultimately won't deter the government from pursuing routine securities prosecutions, says William Johnston at Bird Marella.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.