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Trials
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July 18, 2025
Social Media MDL Judge聽Could聽Bifurcate Bellwether Trials
A California federal judge presiding over multidistrict litigation by school districts and personal injury plaintiffs claiming social media is addictive said Friday she'll likely bifurcate bellwether trials into two phases, with the judge presiding over the second phase, if plaintiffs seek any relief "that may be injunctive in nature."
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July 18, 2025
CME Exec Defends Traders' Membership Values On The Stand
CME Group CEO Terry Duffy testified on Friday that a data center the company built to accommodate electronic trading did not violate rights promised to members when they were asked to vote on a demutualization he characterized as a "windfall for every single person who owned membership on the exchange."
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July 18, 2025
Fed. Circ. Frees Medtronic From $125M Patent Judgment
The Federal Circuit on Friday overturned a more than $125 million judgment against Medtronic's CoreValve unit for infringing a Colibri Heart Valve LLC patent, saying changes made to the patent during examination mean that Medtronic should not have been found to infringe.
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July 18, 2025
Miami Official Loses Appeal To Toss $63.5M Judgment
The Eleventh Circuit has dismissed Miami City Commissioner Joe Carollo's appeal of the $63.5 million judgment against him for targeting a pair of business owners after they supported a political opponent, finding that he prematurely filed the appeal and then failed to amend it.
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July 18, 2025
Supply Co. Looks To Spur New Judge Amid NC Staff Shortage
A medical supply procurement company on Friday sought to hasten the assignment of a new judge to its contract suit against a pharmaceutical middleman after the previous judge retired, acknowledging there are staffing issues in the Western District of North Carolina but saying the "serious case" needs attention to stay on track.
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July 18, 2025
4th Circ. Backs $9M Classification Ruling Against Staffing Co.
A split Fourth Circuit panel will not scrap a $9 million judgment against a medical staffing company that the U.S. Department of Labor won in a suit alleging the company misclassified聽more than 1,000 nurses.
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July 18, 2025
Pillsbury Atty Fights Sanctions In Nurse Wage-Fixing Case
A partner with Pillsbury Winthrop Shaw Pittman LLP told a Nevada federal court he should not be sanctioned for using a poor choice of words when communicating with the government about the availability of an expert witness during a wage-fixing and wire fraud trial.
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July 18, 2025
Teen's Conviction Shows Risks Of Digital Forensic Ignorance
As law enforcement increasingly relies on cellphone data as evidence to build cases, experts warn that a poor understanding of digital forensic analysis and the limited budgets of prosecutor and public defender offices will inevitably lead to wrongful convictions.
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July 18, 2025
Huawei Trial In Wash. Again Delayed, Till 2027
A Washington state federal judge on Friday approved a request from prosecutors and Huawei Device Co. Ltd. to again delay a trial on charges that the Chinese telecommunications company stole T-Mobile's trade secrets, this time to 2027.聽
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July 18, 2025
Nadine Menendez Attys Say Relationship Has 'Broken Down'
One of the law firms representing former U.S. Sen. Robert Menendez's wife in her bribery case told a New York federal judge Friday that it wants to leave the matter because the attorney-client relationship has "broken down."
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July 17, 2025
Facebook Whistleblower Calls Meta Discovery A Smear Job
Facebook whistleblower Frances Haugen on聽Thursday urged a California federal magistrate judge to limit Meta's discovery in multidistrict litigation over claims that social media is addictive and harmful to children's mental health, saying many of their requests are irrelevant and merely seek to smear her name.
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July 17, 2025
Google Gets AGs' Ad Tech Trial Delayed In Texas
A Texas federal judge Thursday delayed an upcoming jury trial in antitrust litigation brought by a Texas-led coalition of attorneys general targeting Google's advertising placement technology business until there's a final judgment in a similar case led by the U.S. Department of Justice in Virginia.
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July 17, 2025
2nd Circ. Overturns Ex-HSBC Exec's 2017 Fraud Conviction
The Second Circuit on Thursday overturned the conviction of a former HSBC executive accused of defrauding a Scottish oil and gas company in a $3.5 billion currency exchange deal, finding his jury was improperly instructed on a now-invalid "right-to-control" theory of fraud.
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July 17, 2025
Tesla Driver In Fatal Crash Regularly Ignored Autopilot Alerts
The Tesla driver who killed a woman in a crash in聽Florida Keys had regularly ignored warnings from the autopilot software to engage with the vehicle and would stop the car to reset the autopilot rather than drive without, a vehicle accident reconstruction expert told jurors Thursday.
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July 17, 2025
DOJ Seeks 1-Day Sentence For Ex-Cop In Breonna Taylor's Death
The U.S. Department of Justice on Thursday recommended a one-day sentence for a former Louisville Metro Police Department officer in Kentucky who fired shots into the home of Breonna Taylor the night she died in March 2020, according to the government's sentencing memorandum.
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July 17, 2025
Fed. Circ. Scraps $21M IP Win For 'Comfy' Sweatshirt Maker
The Federal Circuit on Thursday overturned a more than $21 million judgment against Top Brand LLC for infringing Cozy Comfort Co.'s design patent and trademarks on its "The Comfy" sweatshirt featured on "Shark Tank," saying no reasonable jury could have found infringement.
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July 17, 2025
6 Cases For Patent Attys To Watch In The Second Half Of 2025
The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.
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July 17, 2025
Ex-CEO Agrees To $27.5M Judgment In Medicare Fraud Case
A day before his trial was set to begin, the former CEO and owner of the now-defunct laboratory Premier Medical Inc. agreed to a $27.5 million consent judgment, acknowledging he was likely to be found liable in the suit brought against him by the federal government and three states.
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July 17, 2025
4th Circ. Orders New Trial After Doc Acquitted In Fraud Case
A Fourth Circuit panel ordered a new trial for a doctor who received a judge's acquittal after a jury found him guilty of alleged healthcare fraud, finding that the jury had sufficient evidence to convict, but the case was "close," and the district court was correct in hedging and allowing another shot at the case.
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July 17, 2025
Albright Clears Cisco In $121M Network Patent Case
Western District of Texas Judge Alan Albright has finalized his decisions clearing Cisco in a suit alleging it owed $121 million for infringing Corrigent Corp. communications network patents, memorializing earlier orders that Cisco didn't infringe some patents and that others were invalid.
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July 17, 2025
Banning Of Courtroom Snoozer Prompts New NY Murder Trial
A man convicted of murder in Queens will get a new trial, a New York appeals court has ruled, finding that because his friend was permanently barred from watching the proceedings after falling asleep in court, the defendant was denied his Constitutional right to a public trial.
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July 17, 2025
Israel Criticism Isn't Antisemitism, Judge Tells DOJ Lawyers
A Massachusetts federal judge overseeing a free speech trial over deportation actions targeting pro-Palestinian students and faculty said Thursday that聽"criticism of the state of Israel is not antisemitism," and that even the most "vile" statements, absent threats or violence, are protected by the First Amendment.
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July 17, 2025
Fla. Jury Awards Ex-State Sen. $100M Over Her Son's Death
A Florida state court jury has awarded a former state senator $100 million in her lawsuit over the wrongful shooting death of her son, finding a Miami condominium, its security contractor and property management company liable for allowing an armed perpetrator to gain access to the premises.聽
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July 17, 2025
US Trustee Says Constitution Bars Jackson Walker Jury Trial
The federal government's bankruptcy watchdog told a Texas federal judge that under the Seventh Amendment, Jackson Walker LLP isn't entitled to a jury trial in its fee dispute stemming from a former bankruptcy judge's secret relationship with a onetime partner.
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July 17, 2025
Trouble Interpreting Nonverbal Witness Dooms Murder Verdict
Massachusetts' highest court on Thursday found that a man convicted of murder is entitled to a new trial because a key witness against him is nonverbal and interpreters were not able to聽effectively communicate with her while she was on the stand.
Expert Analysis
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration鈥檚 posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi鈥檚 recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs鈥 funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes 鈥 complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch鈥檚 authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that 鈥渓ess is more, and more is less鈥 鈥 limiting both the scope of questioning and the length of each query in order to control the witness鈥檚 testimony and keep the factfinders鈥 attention, says Thomas Innes at the Defender Association of Philadelphia.
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Rethinking 'No Comment' For Clients Facing Public Crises
鈥淣o comment鈥 is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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DOJ Memos Likely To Increase Mandatory Minimum Charges
In line with previous administrations鈥 pingpong approach to sentencing policy, new U.S. Department of Justice leadership recently rescinded Biden-era memos on charging decisions, cabining prosecutorial discretion and likely leading to more mandatory minimum sentences, say attorneys at Arnold & Porter.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits 鈥 but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness鈥檚 testimony, this strategy isn鈥檛 appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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High Court Sentencing Case Presents Legal Fork In The Road
On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices鈥 eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.