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Trials
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April 08, 2025
Bigelow Tea Buyer Class Wins $2.36M In Trial Over 'USA' Label
A California federal jury found Tuesday that R.C. Bigelow committed fraud and violated the state's Consumer Legal Remedies Act by placing a label on some tea products touting it as "Manufactured in the USA 100%," awarding a class of Golden State tea buyers $2.36 million in damages.
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April 08, 2025
9th Circ. Wary Of Judge Becoming 'King' Of Veteran Housing
The Ninth Circuit appeared skeptical Tuesday of a California federal court's decision to establish control over a U.S. Department of Veterans Affairs facility due to inadequate homelessness measures, with one panel member expressing concern the district judge gave himself the overbroad powers of a "king."
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April 08, 2025
Tribal Leaders Not Immune From Extortion Law, Justices Told
The government is urging the U.S. Supreme Court to reject claims by the former head of a Native American tribe who says the federal law against extortion does not apply to him or other tribal leaders.
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April 08, 2025
Tax-Dodging Ex-Software Exec Denied Bond Pending Appeal
A former software executive sentenced to a year in prison for failing to pay over $600,000 in employment taxes in the years before his company failed cannot remain free on bond while he appeals his conviction, a North Carolina federal judge said Tuesday.
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April 08, 2025
Photographer Tells 9th Circ. Kat Von D Tattoo Is Not Fair Use
A photographer has urged the Ninth Circuit to reverse a jury verdict that found celebrity tattoo artist Kat Von D did not infringe a Miles Davis picture that was the basis for a tattoo she drew, saying her company admitted that it was "100%" the same as the photograph.
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April 08, 2025
Key Witness Against Nadine Menendez Grilled Over Past Lies
A corrupt former New Jersey insurance broker testifying against Nadine Menendez during her trial on bribery charges admitted Tuesday to a decade of lying prior to his decision to cooperate against her and her husband, former U.S. Sen. Bob Menendez.
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April 08, 2025
Fed. Circ. Affirms Alkem's Generic Antibiotic Not Barred By IP
A Delaware federal court rightly found that Alkem Laboratories' generic version of Azurity Pharmaceuticals' antibiotic Firvanq doesn't infringe the latter's patent, the Federal Circuit said Tuesday.
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April 08, 2025
White & Case Gets In On Trade Hiring With Ex-Treasury Atty
White & Case LLP has hired a former Treasury Department official in Washington, D.C., who focuses her practice on foreign direct investment matters, at a time when the nation is transfixed by international trade issues and BigLaw firms are beefing up their trade practices.
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April 07, 2025
Bigelow Emails Spill The Tea About 'USA' Label Lies, Jury Told
An attorney for a class of tea consumers suing R.C. Bigelow over a "Manufactured in the USA 100%" label that has already been found to be false told a California federal jury during closing arguments Monday that internal emails show that executives were either reckless or intentionally misled the public.
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April 07, 2025
Judge Who Shot Wife Warned Against Retrial 'Press Tour'
The California judge presiding over the murder trial of an Orange County jurist who fatally shot his wife admonished him Monday for embarking on a recent "press tour," warning that he could be violating the state judicial ethics code by commenting on a pending case.Â
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April 07, 2025
Sept. Trial Dashes Apple's PTAB Hopes In Fight With Haptic
An administrative patent board has rejected Apple's pair of patent challenges directed at "tap gesture" technology, with judges there swayed — at least in part — by comments from a California federal judge on a looming trial date in the litigation that is set for late September.Â
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April 07, 2025
Bakery Oil Trial Begins With Split Over Formulas' Secrecy
Pittsburgh commercial bakery supplier Mallet & Co. told a federal jury Monday that a partner-turned-rival enticed former employees to help it start a competing business, Synova, in the field of release agents, or the oils and lubricants that keep baked goods from sticking to their pans.
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April 07, 2025
VLSI Argues Fintiv Memo Withdrawal Enhances PTAB Appeal
The U.S. Patent and Trademark Office's recent decision to withdraw guidance on its discretionary denial policy means the Federal Circuit should revive a VLSI Technology chip patent reviewed explicitly based on that policy, the patent owner said Friday.
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April 07, 2025
NaphCare Hit With $25M Jury Verdict After Ex-Inmate Lost Leg
A Seattle federal jury has determined NaphCare owes $25 million to a man who claimed his leg had to be partially amputated because the correctional healthcare provider failed to address signs of his declining health after he suffered blood clots while behind bars at a Washington county jail. Â Â Â
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April 07, 2025
Girardi Hearing On Prison Option Pushed To May
A hearing to discuss whether disbarred attorney Tom Girardi should serve any sentence in prison or be committed to a care facility due to his dementia diagnosis was pushed back to May to accommodate scheduling for witnesses.
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April 07, 2025
Split Fraud Verdict For Calif. Man Behind Celeb Brand App
A Los Angeles federal jury has returned a mixed verdict against a Malibu man charged with defrauding investors in an app intended to help public figures monetize their brand endorsements.
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April 07, 2025
Top Court To Weigh Limits On Atty-Client Talks During Recess
The U.S. Supreme Court said Monday it will take up the Sixth Amendment case of a man convicted of murder who was not allowed to consult with his lawyer about his testimony during a 24-hour break that came in the middle of his time on the stand.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
Ex-AG Lynch Exits $10B McDonald's Bias Case Ahead Of Trial
Paul Weiss partner and former U.S. Attorney General Loretta Lynch is stepping away from McDonald's defense in Byron Allen's $10 billion bias lawsuit against the fast food giant, just months before the case is slated to go to trial.
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April 07, 2025
Justices Enter Fray Over Criminal Restitution As Punishment
The U.S. Supreme Court agreed Monday to wade into what counsel for a convicted Georgia bank robber called a "deeply entrenched" circuit split over the constitutionality of a federal law that requires criminals to continue paying restitution with compounding interest for decades after conviction.
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April 07, 2025
Ex-Sen. Menendez May Be Called As Witness At Wife's Trial
Nadine Menendez is considering calling her husband, convicted former U.S. Sen. Bob Menendez, to testify at her trial on charges that she facilitated bribe payments for him, filings showed as her trial resumed Monday with key prosecution witnesses.
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April 07, 2025
Justices Won't Hear Lion Air Family's Boeing Jury Trial Bid
The U.S. Supreme Court on Monday declined to hear a challenge to a more than century-old law governing fatal accidents on the high seas, curtailing an effort from the estate of a 737 Max crash victim to get Boeing to face a jury trial over the 2018 Lion Air incident.
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April 07, 2025
Boeing Again Settles Ethiopian 737 Max Cases On Eve Of Trial
Boeing has agreed to settle two wrongful death cases over the Ethiopian Airlines 737 Max crash just before a damages trial was scheduled to start in Chicago federal court on Monday.
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April 04, 2025
Bigelow Drinkers Overpaid 11% Due To 'USA' Label, Jury Told
An expert testifying for a California class of R.C. Bigelow tea purchasers on Friday told a federal jury considering damages caused by false advertising claims that the class overpaid by 11.3%, or $3.26 million, due to a "Manufactured in the USA 100%" label the judge already found is deceiving.
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April 04, 2025
Nokia Reaches Deal Before EDTX Patent Trial, T-Mobile Still On
Nokia has settled out of a lawsuit accusing its equipment customer, T-Mobile, of infringing a Dallas-based patent business' wireless communications patents, according to a settlement notice filed Friday in Texas federal court, leaving T-Mobile and its other network equipment supplier, Ericsson, to face trial April 5.
Expert Analysis
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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What To Know About Major Fla. Civil Procedure Rule Changes
The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Perspectives
2 High Court Rulings Boost Protections Against Gov't Reprisal
The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case
There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.