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TRIALS
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Tuesday, October 13, 2020
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TOP NEWS
Feature
Texas Patent Judges Diverge On Pandemic Trial Protocols
Two of the busiest patent judges in the country have taken different
approaches to COVID-19 safety precautions as they've resumed in-person
jury trials in Texas, with face-covering preferences and scheduling flexibility
among the biggest points of contrast.
Read full article »
J&J Opens Appeal By Assailing 'Radical' $465M Opioid Verdict
Johnson & Johnson unleashed a sweeping assault on a historic judgment
ordering it to pay $465 million for sowing the seeds of narcotic painkiller
addiction in Oklahoma, waming the state's high court that the ruling invites
limitless litigation against major corporations for public health problems.
2 documents attached I Read full article »
Opioid MDL Bellwether Trial Delayed Amid COVID-19 Fears
Amid coronavirus concerns, a West Virginia federal judge on Friday
postponed an eagerly awaited bellwether trial in multidistrict opioid litigation
shortly before its scheduled start, adding to a series of recent setbacks for
local governments that blame drug companies for rampant addiction.
Order attached I Read full article »
COVID-19 IP Catch-Up: Moderna Promises & Ed Sheeran
In this round of intellectual property updates tied to the COVID-19 pandemic,
Moderna said it would hold off on enforcing certain patents and Ed Sheeran
said getting to the U.S. for a copyright trial may be impossible, among many
other litigation updates.
Read full article »
US, Ex-IBM Worker Ask DC Circ. To Revive Tipster Suit
tiLaw360 Rising Stars
LAW FIRMS
Bangs McCullen
Beck Redden
Blank Rome
Cleary Gottlieb
Cooley
Costello Porter
Cozen O'Connor
Cranfill Sumner
Cravath Swaine
DLA Piper
Davis Polk
Edinger Leonard
Elliott & Smith
Epstein Becker Green
Faegre Drinker
Fleming Nolen
Florio Perrucci
Fogler Brar
Foliart Huff
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The U.S. government and a former IBM employee urged the D.C. Circuit
during Friday oral arguments to revive a whistleblower suit claiming the
company coerced the Internal Revenue Service into a $265 million software
deal.
Read full article »
Jury Rejects EEOC Race Bias Suit Against BBQ Joint
A federal jury in North Carolina has said Joe's Old Fashioned Bar-B-Que Inc.
was not responsible for a worker's "explosive outburst" and "racial
comments" against a Black female co-worker, handing a loss to the U.S.
Equal Employment Opportunity Commission.
Verdict attached I Read full article »
Texas Justices Bounce Back Fen-Phen Atty Malpractice Fight
The Texas Supreme Court on Friday said a lower court wrongly revived
claims that an attorney improperly withheld a cut of a Fen-Phen settlement
he secured for 4,000 former clients, saying the appellate judges' decision
was based on an incorrect finding he had submitted unauthenticated copies
of court records.
Opinion attached I Read full article »
COMPETITION
Apple Can Keep Fortnite Banned From App Store For Now
Apple Inc. can keep Epic Games Inc.'s Fortnite video game out of its App
Store but must allow Epic's affiliates access to developer tools for other
applications ahead of a trial scheduled for next year, a California federal
judge ruled in a mixed decision Friday.
Order attached I Read full article »
Class Says Sunoco Rewriting History To Shake $155M Ruling
Oklahoma royalty owners accused Sunoco of twisting facts in its attempt to
get a redo after a federal judge found the company owes $155 million to tens
of thousands of class members for not automatically paying interest on late
payments, in a blistering response to the company's motion for a new trial.
Response attached I Read full article »
Analysis
5 Barrett Med Mal And Injury Rulings Attys Should Know
During her three-year tenure as a Seventh Circuit judge, U.S. Supreme Court
nominee Amy Coney Barrett has shown a rigorously by-the-books approach
to medical malpractice and personal injury cases, including on liability issues
involving the use of excessive force by police that may one day come before
the high court.
5 documents attached I Read full article »
Colo. Court Affirms $54M Verdict In Bicyclist Crash Suit
A Colorado appeals court has upheld a $54 million verdict for a cyclist who
was hit by two cars, saying the defendant, a temp agency, forfeited a chance
to cap the award under a state statute.
Opinion attached I Read full article »
Calif. Court Affirms $2.7M Auto Collision Verdict
Freshfields
Gass Weber
Gibson Dunn
Goldstein & Russell
Gomez Trial Attorneys
Goodwin
Greenberg Traurig
Grubman Shire
Hogan Lovells
Hueston Hennigan
Irell & Manella
Jenner & Block
Kaufman Dolowich
Kirkland & Ellis
Latham & Watkins
Levy Firestone
Littler Mendelson
Lynn Jackson
Milbank LLP
Mintz Levin
Morgan Lewis
Morrison & Foerster
Motley Rice
Niddrie Addams
Nix Patterson
Norton Rose
O'Melveny & Myers
Odom Sparks
Orrick
Paul Hastings
Paul Weiss
Porzio Bromberg
Quinn Emanuel
Rumberger Kirk
Ryan Whaley
Seyfarth Shaw
Siebman Forrest
Skadden
Spencer Fane
Stoel Rives
Van Kampen Law
Wheeler Trigg
Whitten Burrage
Willkie Farr
WilmerHale
Winston & Strawn
Yetter Coleman
Yurko Salvesen
COMPANIES
American Bar Association
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A California appeals court has upheld a jury's $2.7 million verdict in a suit
accusing a motorist of causing a collision and a man's severe back injury,
saying awards for pain and suffering and lost earnings were backed by
substantial evidence.
Opinion attached I Read full article »
Firm Says Malpractice Suit Too Late Over Severed Leg Case
Florio Perrucci urged a New Jersey federal court Friday to toss an insurer's
malpractice suit over firm attorneys' failure to assert certain immunity
defenses on behalf of state agencies in litigation over a multivehicle collision
that cost a woman her leg, saying the claims were filed too late.
Motion attached I Read full article »
EXPERT ANALYSIS
The Constitutional Risks In Pandemic-Era Criminal Jury Trials
Virtual voir dire and other pandemic-prompted modifications to jury selection
risk curtailing the Sixth Amendment's guarantee that juries represent a fair
cross-section of the community, making criminal convictions vulnerable to
constitutional attack, say Karin Portlock and Vinay Limbachia at Gibson
Dunn.
Read full article »
Clients Have The Power To Promote Wellness At Law Firms
Law firm clients can play a role in lowering mental distress in the legal
profession by seeking lawyer wellness data from firms and factoring those
responses into outside counsel hiring decisions, says Jonathan Prokup
at Cigna.
Read full article »
LEGAL INDUSTRY
Barrett Hearings Begin With Focus On ACA, Faith
U.S. Supreme Court nominee Amy Coney Barrett spent the first day of her
confirmation hearings Monday listening as Democrats cast her as a threat to
the Affordable Care Act and Republicans accused liberals of attacking her
Catholic faith.
Read full article »
Seyfarth Shaw Hit By Ransomware Attack
Seyfarth Shaw LLP confirmed Monday it had been hit by a cyberattack over
the weekend, causing the firm to temporarily shut down some of its systems.
Read full article »
Analysis
Beyond The Big Offer: Lateral Partner Pay Pitfalls To Avoid
Too many prospective lateral partners look only at a firm's offer figure, without
considering numerous other factors needed to properly vet a compensation
package before accepting a job, recruiters say.
Read full article »
Stoel Rives, Mintz Levin Reverse Pandemic Pay Cuts
Stoel Rives LLP and Mintz Levin Cohn Ferris Glovsky and Popeo PC on
Friday became the latest firms to confirm that they will restore salaries to pre-
pandemic levels after several months of cuts.
Read full article »
Willkie Hops On Fall Bonus Bandwagon As Other Firms Pass
American Civil Liberties Union
AmerisourceBergen Corp.
Apple Inc.
Association of Corporate Counsel
Baretz+Brunelle LLC
Bridgestone Corp.
Cardinal Health Inc.
Chambers and Partners
Cigna Corp.
Cisco Systems Inc.
Deloitte Touche
Epic Games Inc.
Finjan Holdings Inc.
Fordham University
Fox Corp.
Georgetown University
Google Inc.
II-VI Inc.
International Business Machines
Corp.
Jaguar Land Rover Ltd.
Johnson & Johnson
Knights of Columbus USA Inc.
Los Angeles Angels of Anaheim
Los Angeles Rams
Major Lindsey & Africa LLC
McDonald's Corp.
McKesson Corp.
Microsoft Corp.
Moderna Inc.
Morgan Stanley
National Collegiate Athletic
Association
National Employment Law Project
National Hockey League
New York University
New York Yankees
Noramco Inc.
Norfolk Southern Corp.
Pac-12 Enterprises LLC
Paypal Holdings Inc.
Pfizer Inc.
Purdue Pharma LP
Regeneron Pharmaceuticals Inc.
Roku Inc.
San Francisco 49ers
San Jose Sharks
SoFi Stadium
Social Finance Inc.
Sony Corp.
Southern Illinois Healthcare
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Willkie Farr & Gallagher LLP confirmed Friday that it will be giving U.S.
associates bonuses at the end of October, becoming the latest firm to match
the pandemic-related bonuses set forth by Davis Polk & Wardwell LLP as
others have announced their decisions not to follow suit.
Read full article »
Women GCs On When And How To Speak Out
Mary Smith, vice chair and general counsel of the VENG Group, remembers
several years ago when an outside counsel planned a dinner meeting with
senior members of her then-legal department at a private club that did not
allow women members.
Read full article »
In The Trenches Of Sports Law, It's All About The Pandemic
Todd Davis, vice president for legal affairs for the NFL's Los Angeles Rams,
said that in his 29 years with the team, he spent maybe 29 minutes on force
majeure clauses — until this year's COVID-19 crisis.
Read full article »
600 Law Students Boycott Paul Weiss For Repping Exxon
Law students on Friday afternoon delivered a letter to the Manhattan
headquarters of Paul Weiss Rifkind Wharton & Garrison that was signed by
over 600 law students pledging to boycott the firm over its continued
representation of ExxonMobil.
Read full article »
Legal Recruiter Drops Fee Suit Against Freshfields
A Massachusetts executive recruiting firm on Friday dropped its case that
accused Freshfields Bruckhaus Deringer US LLP of refusing to pay millions
of dollars in fees owed for its work recruiting a successful corporate law
partner from Cleary Gottlieb Steen & Hamilton LLP.
Read full article »
Analysis
Up Next At High Court: When A Shooting Becomes A 'Seizure'
All eyes will be on Capitol Hill next week for Judge Amy Coney Barrett's
confirmation hearings, but her would-be colleagues at the U.S. Supreme
Court will be diving into a key civil liberties case involving the meaning of the
word "seizure" under the Fourth Amendment and another involving debtors'
rights.
Read full article >>
Supreme Court Extends Phone Hearings Through December
The U.S. Supreme Court said Friday it would continue holding oral
arguments via phone through the end of the year because of the coronavirus
pandemic, a period that includes blockbuster cases on the Affordable Care
Act, the First Amendment and the special counsel's investigation.
Read full article »
GC Cheat Sheet: The Hottest Corporate News Of The Week
Shoplet's former top attorney was sentenced to three to nine years in prison
for stealing millions from the online retailer's PayPal account, and a survey
found that the pandemic will likely force some law departments to eliminate
or freeze merit increases in 2021. These are some of the stories in corporate
legal news you may have missed in the past week.
Read full article »
In Case You Missed It: Hottest Firms And Stories On Law360
For those who missed out, here's a look back at the law firms, stories and
expert analyses that generated the most buzz on Law360 last week.
State Bar of California
Sunoco LP
Teva Pharmaceutical Industries
Ltd.
The Aerospace Corp.
The Sports Lawyers Association
Thomson Reuters Corp.
VirnetX Holding Corporation
COPRAC
Centers for Disease Control and
Prevention
Central Intelligence Agency
Equal Employment Opportunity
Commission
Federal Bureau of Investigation
Internal Revenue Service
New Jersey Supreme Court
Occupational Safety and Health
Administration
Office of Federal Contract
Compliance Programs
Office of the Comptroller of the
Currency
Oklahoma Supreme Court
Small Business Administration
Texas Supreme Court
U.S. Attorney's Office
U.S. Court of Appeals for the
District of Columbia Circuit
U.S. Court of Appeals for the
Seventh Circuit
U.S. Department of Justice
U.S. Department of Labor
U.S. Department of Veterans
Affairs
U.S. District Court for the District of
Massachusetts
U.S. District Court for the District of
New Jersey
U.S. District Court for the Eastern
District of New York
U.S. District Court for the Middle
District of Alabama
U.S. District Court for the Middle
District of Georgia
U.S. District Court for the Northern
District of California
U.S. District Court for the Southern
District of West Virginia
U.S. Senate
U.S. Supreme Court
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Read full article »
Podcast
Law360's Pro Say: The Road Ahead For Amy Coney Barrett
Supreme Court nominee Amy Coney Barrett heads to Capitol Hill next week
for confirmation hearings that are likely to produce fireworks over health care,
abortion and the Republican effort to seat a new justice on an expedited
timeline as the November election looms. On the latest episode of Law360's
Pro Say podcast, we provide a cheat sheet of what to expect from the
hearings.
Read full article »
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