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Trials
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January 31, 2025
9th Circ. Affirms Mormon Church's Win In Tithing Fraud Case
The Ninth Circuit on Friday affirmed the dismissal of a lawsuit against the Church of Jesus Christ of Latter-day Saints from a wealthy and prominent former member who claimed the church fraudulently used members' tithes to fund commercial projects — with one judge arguing the case should have been tossed on church autonomy grounds only.
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January 31, 2025
Netlist Can't Get Injunction After $118M Win Against Samsung
Marshall, Texas' U.S. District Judge Rodney Gilstrap on Friday declined to issue an injunction blocking Samsung Electronics Co. Ltd. from selling products that use chips tied to a patent infringement case where Netlist Inc. won a $118 million jury verdict.
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January 31, 2025
Gov't's Freeborn GC Interview May Spoil Ex-Partner's Retrial
The U.S. government's wire fraud retrial against a former Freeborn & Peters LLP partner may be halted after prosecutors let the firm's former general counsel touch on privileged topics without acknowledging or honoring the legal boundary during a preparatory interview.
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January 31, 2025
Via Picks Up $1.4M Verdict In 'Virtual Bus Stop' Patent Fight
A federal jury in Waco, Texas, said a Canadian ride-hailing software startup owed nearly $1.4 million to rival developer Via Transportation in a fight in which each side accused the other of patent infringement.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
Court Won't Block Tempur Sealy's $4B Mattress Firm Deal
A Texas federal court on Friday denied the Federal Trade Commission's bid to put a hold on Tempur Sealy International Inc.'s planned $4 billion purchase of Mattress Firm Group Inc. over concerns about rival mattress suppliers' access to the retail chain.
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January 31, 2025
After High Court, SuperValu's $123M FCA Case Heads To Trial
SuperValu is bound for trial in February over whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking an important test of a recent U.S. Supreme Court ruling that revived the case and redefined the standard of proof under the False Claims Act.
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January 31, 2025
Apple Wants Google Search Case Paused For Appeal
Apple filed an emergency motion asking a Washington, D.C., federal court to pause the landmark monopolization case targeting Google's search dominance while it appeals a decision refusing to allow the company to participate in the upcoming remedies trial.
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January 31, 2025
Judge Grants Fraud Retrial After Witness 'Forgot to Shut Up'
A Florida federal judge ordered a new trial in an insurance fraud case against the former medical director of a West Palm Beach sober living home, saying his 2022 conviction was tainted when the government's star witness "forgot to shut up" during testimony plagued with lies.
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Ex-BigLaw Atty Can't Escape OneCoin Conviction At 2nd Circ.
The Second Circuit on Friday upheld a former Locke Lord LLP partner's conviction and 10-year sentence for helping launder roughly $400 million in proceeds from the multibillion-dollar OneCoin cryptocurrency scheme, rejecting the attorney's contention that a sole cooperating government witness' perjury and other purported errors warranted reversing his punishment.
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January 31, 2025
Goldstein Case Raises The Stakes For A DOJ Office In Tumult
The bombshell tax-crimes case of U.S. Supreme Court lawyer Tom Goldstein landed at a U.S. Department of Justice outpost in Maryland that has been plagued in recent years by botched cases and internal strife — pitting a beleaguered U.S. attorney against a pair of former Donald Trump attorneys itching for a fight.
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January 31, 2025
Jury Instructions Tainted Ex-State's Atty's Trial, 4th Circ. Hears
A Fourth Circuit decision from 1938 took center stage Friday as a seemingly divided appellate panel debated whether a jury that found former Baltimore State's Attorney Marilyn Mosby guilty of mortgage fraud had been improperly instructed on where the crime occurred.
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January 31, 2025
Mass. Justices Rule 'Unwarranted Privilege' Law Not Vague
Massachusetts' top court ruled on Friday that a statute that bars public officials from misusing the benefits of their position for private gain is not unconstitutionally vague, rejecting a former police officer's bid to reverse his conviction for borrowing cash from his department's evidence room to pay his mortgage and other personal expenses.
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January 31, 2025
NC Prosecutors Say Evidence Backs Cannabis Conviction
State prosecutors urged a North Carolina appeals court to stand by a man's conviction for possession and intent to distribute cannabis, arguing that even if there was no forensic analysis of the substance he possessed there was plenty of other evidence to conclude it was cannabis rather than legal hemp.
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January 30, 2025
Calif. Panel Counsels Female Attys Seeking The First Chair
Female lawyers seeking to become first-chair trial attorneys must advocate for themselves just as they would for a client, a federal judge said during a Federal Bar Association panel Thursday in San Francisco.
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January 30, 2025
SEC's Trial Win In VistaPrint Insider Trading Case Stands
A Massachusetts federal judge on Thursday rejected a Lexington man's contention that his conviction for trading VistaPrint options off of nonpublic information resulted from an inconsistent jury verdict, but said the U.S. Securities and Exchange Commission's request he pay $1.8 million in civil penalties for the insider trading was too much.
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January 30, 2025
Telecom Giants Must Face March Trial In 4G LTE Patent Fight
A Minnesota federal judge on Thursday refused to hand a group of telecommunications companies a summary judgment win in the University of Minnesota's patent suit over wireless communications technology used in 4G LTE network services, determining that the dispute must be decided by a jury in an upcoming March trial.
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January 30, 2025
Paramount Settles Fee Suit Over Pacquiao-Mayweather Fight
Paramount Global has settled a nearly decade-old lawsuit over a finder's fee for the lucrative 2015 boxing match between Manny Pacquiao and Floyd Mayweather Jr., according to a Thursday notice in California state court.
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January 30, 2025
Wash. Court Rejects Palestinian Patient's Verdict Bias Appeal
A Washington state appeals court said Thursday it would not touch a doctor's win in a medical malpractice trial, rejecting arguments from the Palestinian plaintiff that the jury's verdict was tainted by racial bias, while further clarifying the benchmark for judges to make such a determination.
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January 30, 2025
Valve Maker Had Decades To Prevent Lyondell Leak, Jury Told
Eight men injured in a chemical leak at a LyondellBasell facility in La Porte, Texas, told a Houston jury Thursday that a pipe valve manufacturer knew its product posed a "serious and deadly hazard" for workers decades before the 2021 leak.
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January 30, 2025
Ky. Clerk Asks 6th Circ. To Ax $100K Marriage License Verdict
A Kentucky clerk who refused to issue marriage licenses to couples in protest of the legalization of same-sex marriage asked the Sixth Circuit on Thursday to toss damages awarded to one couple for emotional distress, citing insufficient evidence and invoking free speech protections.
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January 30, 2025
Combs Victimized 3 Women, Feds Charge In Expanded Case
Sean "Diddy" Combs forced at least three women to engage in commercial sex acts, federal prosecutors in Manhattan said Thursday in a superseding indictment accusing the jailed hip-hop icon of using his business empire to sexually abuse and exploit women for 20 years.
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January 30, 2025
Agency In NJ Town Loses Retrial Bid In $26M Land-Taking Fight
A New Jersey federal judge has denied a redevelopment agency's bid for a new trial in a land-taking battle after a jury determined it should pay $25.6 million for a 22-acre former Michelin Tire & Rubber Co. factory, ruling that it failed to meet the high bar set to overturn a verdict.
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January 30, 2025
SEC Eyes Pretrial Win On $57M Fraud After Lindberg Plea Deal
The U.S. Securities and Exchange Commission asked a North Carolina federal judge to give it a pretrial win on its fraud claims against convicted former insurance mogul Greg Lindberg and his investment adviser firm, arguing multiple convictions in parallel criminal cases against Lindberg and others are a "straightforward" indicator of his liability.
Expert Analysis
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.
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Opinion
New Guidance On Guilty Plea Withdrawals Is Long Past Due
In light of the Sentencing Reform Act's 40th anniversary, adding a new section to the accompanying guidelines on the withdrawal of guilty pleas could remedy the lack of direction in this area and improve the regulation's effectiveness in promoting sentencing uniformity, say Mark H. Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.