• December 10, 2023

    Trump Cancels Plan To Testify In NY Fraud Trial Defense

    Donald Trump abruptly canceled his plans to testify in his defense on Monday in the New York attorney general's civil fraud case, announcing the decision in a series of social media posts on the eve of his expected return to the Manhattan courtroom.

  • December 09, 2023

    Google And Epic CEOs Fail To Reach Deal As Trial Nears End

    Google LLC and Epic Games Inc. told a California federal judge late Friday that Google CEO Sundar Pichai and Epic CEO Tim Sweeney failed to reach a deal after they were ordered to mid-trial settlement talks, clearing the way for closing arguments Monday in their contentious antitrust battle.

  • December 08, 2023

    Circuit-By-Circuit Guide To 2023's Most Memorable Moments

    A former BigLaw partner in his 30s made history by joining a preeminent circuit court, a former BigLaw partner in his 50s made waves by leaving the largest circuit, and a former chemist in her 90s made enemies by resisting a probe on the most specialized circuit. That's a small sample of the intrigue that flourished in 2023 throughout the federal appellate system, where diversity bloomed and controversy abounded.

  • December 08, 2023

    Billboard Co. Can't Avoid Retrial Verdict After Faking Evidence

    A Michigan appeals panel said a billboard company could not avoid a $700,000 verdict for rival Lamar Advertising Co., affirming that the company's initial victory was tainted by evidence it fabricated, which justified a retrial that Lamar won.

  • December 08, 2023

    Alex Jones Can Sell Guns, Cars, Boats, Jewelry In Ch. 11

    A Texas bankruptcy court has given conspiracy theorist Alex Jones leave to sell almost 50 guns, two golf carts, jewelry, a cryogenic chamber and several boats to help fund his Chapter 11 case, as long as he individually runs every sale worth over $10,000 by his creditors.

  • December 08, 2023

    Sierra Club Handed Loss In NH Coal Plant Permit Dispute

    A New Hampshire federal judge has rejected the Sierra Club and Conservation Law Foundation's claims that a power plant on the Merrimack River has repeatedly violated its National Pollution Discharge Elimination System permit with discharges of heated water into the river, holding that the conservation groups failed to show enough proof to support their claims.

  • December 08, 2023

    Damages Trial Delayed For Surgeon After Sex Bias Verdict

    The damages phase of a surgeon's gender discrimination case against Thomas Jefferson University Hospital has been extended to Monday after the hospital claimed the doctor produced a surprise punitive damages claim at the same time its lead counsel had to abruptly seek medical care Friday morning.

  • December 08, 2023

    Jury Says 'Chocolate Moonshine' Recipe Was Secret, Stolen

    A Pennsylvania jury awarded a chocolatier $238,000 Friday after concluding that his ex-wife misappropriated his secret recipe for "Chocolate Moonshine" fudge.

  • December 08, 2023

    Va. Law Prof Wants Illegal Recording Verdict Tossed

    A business of law professor at Longwood University in Virginia has asked a New Jersey federal judge to toss a jury's $361,000 verdict finding she illegally recorded her former son-in-law, claiming he provided no evidence at trial to show he had a reasonable expectation of privacy.

  • December 08, 2023

    DC Circ. Narrows Trump Gag Order

    The D.C. Circuit on Friday issued a narrowed gag order restraining Donald Trump's public statements amid his criminal election-interference case after finding a lower court restricted "more protected speech than is necessary."

  • December 08, 2023

    How Hueston Hennigan Won Monster $336M False Ad Suit

    The California federal judge who handed Monster Energy $43 million in attorney fees and interest in October after a record-breaking $293 million false advertising jury win over Vital Pharmaceuticals observed that Vital's CEO was impeached on the stand over 50 times, an astonishing figure that Monster's co-lead attorney, John Hueston, credited to getting the CEO to "lose control."

  • December 08, 2023

    Jury Backs White Ex-Ill. City Worker In Race Bias Suit

    An Illinois federal jury said Springfield, Illinois, should pay a white former budget employee $100,000 for promoting a Black worker over her and then disciplining her when she complained, just over a year after the Seventh Circuit revived the suit because of the city's conflicting explanations.

  • December 08, 2023

    Feds Want Ex-MLB Star's Trial Paused Amid 9th Circ. Pitch

    Los Angeles federal prosecutors have asked to push back the trial date for a former Dodgers star accused of obstruction of justice and making false statements, as they look to appeal a judge's decision to exclude a retracted plea deal as evidence.

  • December 08, 2023

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Tesla drive patent proceedings against technology company InterDigital, Genesis band members say That's (not) All in a breach of contract claim against Virgin Records, and betting giant Entain play its hand in a claim over its acquisition of BetCity last year. Here, Law360 looks at these and other new claims in the U.K.

  • December 08, 2023

    Off The Bench: NCAA Pay Plan, Title IX Claims, Graffiti Smear

    In this week's Off The Bench, the NCAA proposes opening the vaults, female athletes accuse the University of Oregon of unequal treatment, and a former college hockey player claims he was wrongly labeled as antisemitic. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • December 08, 2023

    COVERAGE RECAP: Day 42 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 42.

  • December 07, 2023

    Fed. Circ. Skeptical Of Developer's Lighting Data Appeal

    A Federal Circuit panel appeared unconvinced during oral arguments Thursday by a video game developer's bid to reverse a Texas federal court's rejection of its request to hold a new trial over claims that Sony's PlayStation ripped off patented technology.

  • December 07, 2023

    Fed. Circ. Pauses Appeals In VLSI Patent Fight

    The Federal Circuit agreed Thursday to hold off on hearing arguments about the validity of one of the patents once tied to a $2.2 billion jury verdict against Intel, agreeing to let U.S. Patent and Trademark Office Director Kathi Vidal continue her office's review of the controversial patent challenge.

  • December 07, 2023

    'Chocolate Moonshine' Recipe Is No Trade Secret, Pa. Jury Told

    The main thing Christopher Warman Sr. added to a veteran chocolatier's recipe to make his "chocolate moonshine" fudge was salesmanship — and he failed to change or protect the recipe enough for it to qualify as a trade secret, counsel for his ex-wife and two other businesses argued Thursday at the close of a federal trial in Pennsylvania.

  • December 07, 2023

    PTAB Cuts Another Netlist Patent Tied To $303M Verdict

    The Patent Trial and Appeal Board has again sided with Samsung in finding that a Netlist Inc. flash memory patent was obvious, a boost for Samsung after a Texas judge ruled the company owed $303 million for infringing at least one claim in various Netlist patents, including the patent before the board.

  • December 07, 2023

    Texas Court Unsure Kansas Law Caps $222M Death Verdict

    A Texas appeals panel seemed unsure during oral arguments Thursday that Kansas law should disturb a $222 million Lone Star State jury verdict for the widow of a Kansas power plant worker who was burned alive by a faulty steam valve.

  • December 07, 2023

    EU's New IP Court Isn't Flooded With Cases, Official Says

    The president of the Court of Appeal for the European Union's new Unified Patent Court spoke at the Berkeley-Stanford Advanced Patent Law Institute on Thursday, saying 135 cases have been filed since the UPC opened in June, allaying concerns that the court would be overwhelmed by a flood of litigation.

  • December 07, 2023

    Trump Expert Tells NY Trial Court There's No Sign Of Fraud

    Donald Trump returned to his civil fraud trial in person Thursday as his final expert witness testified there was no evidence of accounting fraud by the former president, who stands accused of falsifying his financial statements to secure lucrative terms on loans and insurance for his real estate empire.

  • December 07, 2023

    Antiques Exec Had Ex-Mistress Haul Bag Of Cash, Jury Hears

    A onetime mistress of fugitive collectibles entrepreneur Mykalai Kontilai on Thursday told Manhattan jurors hearing securities regulators' $6 million fraud case against Kontilai that she once lugged a trash bag stuffed with cash through a Las Vegas hotel for him.

  • December 07, 2023

    The 5 Biggest Georgia High Court Rulings Of 2023

    In some of the Supreme Court of Georgia's biggest decisions of 2023, the state's justices allowed a law banning most abortions after about six weeks of pregnancy to remain in effect, upheld the state's $250,000 punitive damages cap in a $50 million assault case, and ruled that adult children can file wrongful death suits when surviving spouses won't.

Expert Analysis

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Trump NY Fraud Trial Shows Civil, Criminal Case Differences

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    Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

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