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Trials
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June 28, 2024
Philly Judge Calls $2.25B Roundup Verdict 'Excessive'
A Philadelphia state judge has explained her decision to slash a cancer patient's $2.25 billion win against Monsanto for its Roundup weedkiller contributing to his lymphoma, calling the jury's January verdict unconstitutionally "excessive."
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June 28, 2024
Verizon Hit With $847M Patent Verdict In EDTX
An Eastern District of Texas federal jury on Friday said Verizon should pay $847 million for infringing two General Access Solutions wireless network patents, providing the patent owner with the full relief it requested.
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June 28, 2024
Bannon Can't Dodge Prison In Contempt Appeal
Steve Bannon must go to prison Monday, according to a U.S. Supreme Court order Friday rejecting the former Trump White House chief strategist's bid to stave off his four-month sentence for contempt of Congress.
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June 28, 2024
Bank Shareholders Win $800K In Venezuelan Takeover Suit
Shareholders in a small Miami bank won an $800,000 award Thursday after a federal jury found two of the five board members accused of working for the Venezuelan government liable for the bank's financial difficulties.
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June 28, 2024
High Court Enters July With 3 Rulings To Go
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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June 28, 2024
Justices Limit Fed. Use Of Obstruction Charge In Jan. 6 Cases
The U.S. Supreme Court limited Friday the U.S. Department of Justice's use of an obstruction of Congress statute against defendants accused of storming the U.S. Capitol on Jan. 6, 2021, ruling the law enacted in the wake of an accounting scandal requires the obstructive act must somehow impair the availability or integrity of official documents or proceedings.
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June 27, 2024
Ozy Media's Gov't Misconduct Claims Won't Derail Fraud Case
A New York federal judge on Thursday rejected a bid by Ozy Media and the defunct company's founder to toss the criminal fraud case against them, saying they hadn't shown they were prejudiced by a U.S. attorney's office's social media post or that documents obtained by prosecutors were protected by attorney-client privilege.
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June 27, 2024
Roche Freedman, Ousted Ex-Partner Settle Ahead Of July Trial
The law firm formerly known as Roche Freedman LLP and ousted partner Jason Cyrulnik informed a New York federal judge Thursday they've cut a confidential deal to resolve their contentious legal battle over Cyrulnik's departure, ending the litigation weeks before the case was set to go to a jury trial.
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June 27, 2024
Biden Takes Dig At 'Convicted Felon' Trump In 1st Debate
President Joe Biden referred to former President Donald Trump as a "convicted felon" during Thursday's presidential debate, while Trump suggested that Biden could be criminally prosecuted after leaving office.
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June 27, 2024
Menendez Met Alleged Briber Pre-Gold Price Search, Jury Told
An FBI cell tower expert told Sen. Robert Menendez's bribery jury Thursday that the phones of the senator, his wife and co-defendant developer Fred Daibes all pinged in the same location minutes before the senator did a web search for "how much is one kilo of gold worth."
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June 27, 2024
Judge Blasts Prisons Bureau, Sends Exec To Halfway House
An Illinois federal judge said Thursday he felt he needed to protect Outcome Health's co-founder from the Bureau of Prisons' "ridiculous" policy barring her from a low security camp just because she isn't a citizen, sentencing her to time served and three years' supervision in a Chicago halfway house instead.
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June 27, 2024
Ga. Judge Says NBC Falsely Reported Mass Hysterectomies
A Georgia federal judge has ruled several news programs under the NBCUniversal umbrella incorrectly portrayed a doctor as having performed unwanted mass hysterectomies on immigrant women held at a private detention center.
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June 27, 2024
Google Rips Rumble's 'Fishing Expedition' For DOJ Trial Docs
Google urged a California magistrate judge Thursday to reject video-sharing site Rumble's demands for depositions and trial exhibits from the U.S. Justice Department's antitrust bench trial against Google in Washington, D.C., arguing that the requests are irrelevant to Rumble's antitrust claims and an unfounded "post-hoc fishing expedition."
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June 27, 2024
AG Says Trump Recusal Bid Relies On 'Distortion Of Facts'
New York's attorney general says Donald Trump is relying on a "distortion of facts" in seeking to oust the judge who ordered the former president to pay $465 million in penalties in his civil fraud case.
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June 27, 2024
No Sentencing Delay For Ex-Union Head Ahead Of Retrial Date
A Pennsylvania federal judge has rejected former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty's request to postpone his sentencing for his bribery and embezzlement convictions ahead of the government possibly retrying him on extortion charges following an April mistrial.
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June 27, 2024
NFL Hit With $4.7B Verdict In Sunday Ticket Antitrust Trial
A California federal jury handed the National Football League and its teams a stunning courtroom defeat Thursday by awarding two classes of DirecTV Sunday Ticket subscribers about $4.7 billion in total damages in an antitrust trial over claims they illegally pumped up the price of the sports broadcast package.
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June 27, 2024
Paper Co. Settles Employee Theft Suit Coverage After Trial
Following a settlement, a paper manufacturer agreed to end its Tennessee federal suit against its insurer over coverage for an employee theft scheme that the paper company said caused $31 million in losses.
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June 27, 2024
Feds Back Debevoise Bid To Avoid Cognizant Trial Testimony
The U.S. Department of Justice would like a New Jersey federal court to throw out a subpoena compelling trial testimony from a Debevoise & Plimpton LLP partner regarding an investigation into an alleged bribe the government believes two former Cognizant Technology Solutions executives supplied to an Indian company.
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June 27, 2024
Justices Limit SEC's Use Of In-House Courts
The U.S. Supreme Court on Thursday curtailed the U.S. Securities and Exchange Commission's use of its in-house court system, saying the accused have a right to a jury trial when financial penalties are on the table.
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June 26, 2024
Ex-Outcome CEO Gets 7½ Years For Fraud Conviction
Former Outcome Health CEO Rishi Shah was sentenced to 7½ years in prison Wednesday for engaging in a massive fraud through which he grew the health advertising company by lying to investors, lenders and customers about its value and capabilities.
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June 26, 2024
NFL Sunday Ticket Trial Goes To Jury With $21B At Stake
Counsel for the NFL and DirecTV Sunday Ticket subscribers suing the league for billions of dollars made their closing arguments Wednesday in a California federal jury trial, with the customers' attorney saying the NFL didn't play fair and violated antitrust laws, while the league's lawyer said no conspiracy or illegal monopoly exists.
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June 26, 2024
Menendez Pals 'Generous,' Jeweler Says In Joke-Filled Testimony
A jeweler who helped Sen. Robert Menendez's wife sell gold bars that were supposedly bribes testified Wednesday the codefendants who gave Menendez the bars have always been generous, salting his testimony with so many droll comments that the New York federal judge — who initially bantered back — eventually gave a special instruction reinforcing that the trial is "very serious."
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June 26, 2024
After Covering For Ex, Man Gets 53 Months For PPP Scheme
A Georgia man who pled guilty to being a key player in an $11 million pandemic loan fraud ring was hit with a 53-month prison term Wednesday, a sentence that wasn't helped after a federal judge found he lied on the stand testifying for his ex-wife and co-conspirator at her trial earlier this year.
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June 26, 2024
Jury Backs Mass. City In Firefighters' Race Bias Suit
A Massachusetts federal jury sided with the city of Springfield on Tuesday in a suit brought by nonwhite firefighters who claimed the city failed to enforce residency requirements for its employees and stifled their opportunities for advancement.
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June 26, 2024
EDF Renewables Units Dodging Biogas Judgment, Suit Says
A Colorado composting company claims a biogas plant venture has been stripping itself of assets in order to evade a judgment, according to a Colorado federal complaint accusing the biogas company and related enterprises of fraudulent transfers.
Expert Analysis
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Crypto Mixer Laundering Case Provides Evidentiary Road Map
A Washington, D.C., federal court’s recent decision to allow expert testimony on blockchain analysis software in a bitcoin mixer money laundering case — which ultimately ended in conviction — establishes a precedent for the admissibility of similar software-derived evidence, say Peter Hardy and Kelly Lenahan-Pfahlert at Ballard Spahr.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Measuring Early Impact Of Rule 702 Changes On Patent Cases
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea
Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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End Of Acquitted Conduct Sentencing Can Spark More Reform
The U.S. Sentencing Commission’s recent end to factoring acquitted conduct into federal sentences could signal the start of a more constitutionally sound advisory scheme, but Congress and the Supreme Court must first authorize the commission to resolve two constitutional errors baked into its guidelines, say Mark Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.