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From: Trials Law360 <news@law360.com> To: < Subject: Texas Patent Judges Diverge On Pandemic Trial Protocols Date: "Cue, 13 Oct 2020 08:00:16 +0000 cj_aw360 Trials TRIALS How does your salary stack up to your peers? Take our survey. Tuesday, October 13, 2020 Follow Law360 TOP NEWS itLaw360 Rising Stars 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 » LAW FIRMS Bangs McCullen Opioid MDL Bellwether Trial Delayed Amid COVID-19 Fears Beck Redden Amid coronavirus concerns, a West Virginia federal judge on Friday postponed an eagerly awaited bellwether trial in multidistrict opioid litigation Blank Rome shortly before its scheduled start, adding to a series of recent setbacks for Cleary Gottlieb local governments that blame drug companies for rampant addiction. Cooley Order attached I Read full article » Costello Porter Cozen O'Connor INTELLECTUAL PROPERTY Cranfill Sumner Cravath Swaine COVID-19 IP Catch-Up: Moderna Promises & Ed Sheeran DLA Piper In this round of intellectual property updates tied to the COVID-19 pandemic, Davis Polk 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 Edinger Leonard other litigation updates. Elliott & Smith Read full article » Epstein Becker Green Faegre Drinker EMPLOYMENT & BENEFITS Fleming Nolen Florio Perrucci US, Ex-IBM Worker Ask DC Circ. To Revive Tipster Suit Fogler Brar Foliart Huff EFTA00011404 The U.S. government and a former IBM employee urged the D.C. Circuit Freshfields during Friday oral arguments to revive a whistleblower suit claiming the Gass Weber company coerced the Internal Revenue Service into a $265 million software Gibson Dunn deal. Read full article » Goldstein & Russell Jury Rejects EEOC Race Bias Suit Against BBQ Joint Gomez Trial Attorneys A federal jury in North Carolina has said Joe's Old Fashioned Bar-B-Que Inc. Goodwin was not responsible for a worker's "explosive outburst" and "racial Greenberg Traurig comments" against a Black female co-worker, handing a loss to the U.S. Grubman Shire Equal Employment Opportunity Commission. Hogan Lovells Verdict attached I Read full article » Hueston Hennigan Irell & Manella PRODUCT LIABILITY Jenner & Block Texas Justices Bounce Back Fen-Phen Atty Malpractice Fight Kaufman Dolowich The Texas Supreme Court on Friday said a lower court wrongly revived Kirkland & Ellis claims that an attorney improperly withheld a cut of a Fen-Phen settlement Latham & Watkins he secured for 4,000 former clients, saying the appellate judges' decision Levy Firestone was based on an incorrect finding he had submitted unauthenticated copies of court records. Littler Mendelson Opinion attached I Read full article » Lynn Jackson Milbank LLP COMPETITION Mintz Levin Morgan Lewis Apple Can Keep Fortnite Banned From App Store For Now Morrison & Foerster Apple Inc. can keep Epic Games Inc.'s Fortnite video game out of its App Motley Rice Store but must allow Epic's affiliates access to developer tools for other Niddrie Addams applications ahead of a trial scheduled for next year, a California federal judge ruled in a mixed decision Friday. Nix Patterson Order attached I Read full article » Norton Rose O'Melveny & Myers ENERGY & ENVIRONMENTAL Odom Sparks Orrick Class Says Sunoco Rewriting History To Shake $155M Ruling Paul Hastings Oklahoma royalty owners accused Sunoco of twisting facts in its attempt to Paul Weiss 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 Porzio Bromberg payments, in a blistering response to the company's motion for a new trial. Quinn Emanuel Response attached I Read full article » Rumberger Kirk Ryan Whaley PERSONAL INJURY & MEDICAL MALPRACTICE Seyfarth Shaw Siebman Forrest Analysis 5 Barrett Med Mal And Injury Rulings Attys Should Know Skadden During her three-year tenure as a Seventh Circuit judge, U.S. Supreme Court Spencer Fane nominee Amy Coney Barrett has shown a rigorously by-the-books approach Stoel Rives to medical malpractice and personal injury cases, including on liability issues Van Kampen Law involving the use of excessive force by police that may one day come before Wheeler Trigg the high court. Whitten Burrage 5 documents attached I Read full article » Willkie Farr Colo. Court Affirms $54M Verdict In Bicyclist Crash Suit WilmerHale A Colorado appeals court has upheld a $54 million verdict for a cyclist who Winston & Strawn was hit by two cars, saying the defendant, a temp agency, forfeited a chance Yetter Coleman to cap the award under a state statute. Yurko Salvesen Opinion attached I Read full article » COMPANIES Calif. Court Affirms $2.7M Auto Collision Verdict American Bar Association EFTA00011405 A California appeals court has upheld a jury's $2.7 million verdict in a suit American Civil Liberties Union accusing a motorist of causing a collision and a man's severe back injury, AmerisourceBergen Corp. saying awards for pain and suffering and lost earnings were backed by Apple Inc. substantial evidence. Opinion attached I Read full article » Association of Corporate Counsel Baretz+Brunelle LLC Firm Says Malpractice Suit Too Late Over Severed Leg Case Bridgestone Corp. Florio Perrucci urged a New Jersey federal court Friday to toss an insurer's malpractice suit over firm attorneys' failure to assert certain immunity Cardinal Health Inc. defenses on behalf of state agencies in litigation over a multivehicle collision Chambers and Partners that cost a woman her leg, saying the claims were filed too late. Cigna Corp. Motion attached I Read full article » Cisco Systems Inc. Deloitte Touche EXPERT ANALYSIS Epic Games Inc. The Constitutional Risks In Pandemic-Era Criminal Jury Trials Finjan Holdings Inc. Virtual voir dire and other pandemic-prompted modifications to jury selection Fordham University risk curtailing the Sixth Amendment's guarantee that juries represent a fair Fox Corp. cross-section of the community, making criminal convictions vulnerable to Georgetown University constitutional attack, say Karin Portlock and Vinay Limbachia at Gibson Google Inc. Dunn. II-VI Inc. Read full article » International Business Machines Clients Have The Power To Promote Wellness At Law Firms Corp. Law firm clients can play a role in lowering mental distress in the legal Jaguar Land Rover Ltd. profession by seeking lawyer wellness data from firms and factoring those Johnson & Johnson responses into outside counsel hiring decisions, says Jonathan Prokup Knights of Columbus USA Inc. at Cigna. Los Angeles Angels of Anaheim Read full article » Los Angeles Rams Major Lindsey & Africa LLC LEGAL INDUSTRY McDonald's Corp. Barrett Hearings Begin With Focus On ACA, Faith McKesson Corp. U.S. Supreme Court nominee Amy Coney Barrett spent the first day of her Microsoft Corp. confirmation hearings Monday listening as Democrats cast her as a threat to Moderna Inc. the Affordable Care Act and Republicans accused liberals of attacking her Morgan Stanley Catholic faith. National Collegiate Athletic Read full article » Association National Employment Law Project Seyfarth Shaw Hit By Ransomware Attack National Hockey League 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. New York University Read full article » New York Yankees Noramco Inc. Analysis Norfolk Southern Corp. Beyond The Big Offer: Lateral Partner Pay Pitfalls To Avoid Pac-12 Enterprises LLC Too many prospective lateral partners look only at a firm's offer figure, without considering numerous other factors needed to properly vet a compensation Paypal Holdings Inc. package before accepting a job, recruiters say. Pfizer Inc. Read full article » Purdue Pharma LP Regeneron Pharmaceuticals Inc. Stoel Rives, Mintz Levin Reverse Pandemic Pay Cuts Roku Inc. Stoel Rives LLP and Mintz Levin Cohn Ferris Glovsky and Popeo PC on San Francisco 49ers Friday became the latest firms to confirm that they will restore salaries to pre- pandemic levels after several months of cuts. San Jose Sharks Read full article » SoFi Stadium Social Finance Inc. Willkie Hops On Fall Bonus Bandwagon As Other Firms Pass Sony Corp. Southern Illinois Healthcare EFTA00011406 Willkie Farr & Gallagher LLP confirmed Friday that it will be giving U.S. State Bar of California associates bonuses at the end of October, becoming the latest firm to match Sunoco LP the pandemic-related bonuses set forth by Davis Polk & Wardwell LLP as Teva Pharmaceutical Industries others have announced their decisions not to follow suit. Ltd. Read full article » The Aerospace Corp. Women GCs On When And How To Speak Out The Sports Lawyers Association Mary Smith, vice chair and general counsel of the VENG Group, remembers several years ago when an outside counsel planned a dinner meeting with Thomson Reuters Corp. senior members of her then-legal department at a private club that did not VirnetX Holding Corporation allow women members. Read full article » GOVERNMENT AGENCIES COPRAC In The Trenches Of Sports Law, It's All About The Pandemic Centers for Disease Control and Todd Davis, vice president for legal affairs for the NFL's Los Angeles Rams, Prevention said that in his 29 years with the team, he spent maybe 29 minutes on force Central Intelligence Agency majeure clauses — until this year's COVID-19 crisis. Equal Employment Opportunity Read full article » Commission Federal Bureau of Investigation 600 Law Students Boycott Paul Weiss For Repping Exxon Law students on Friday afternoon delivered a letter to the Manhattan Internal Revenue Service headquarters of Paul Weiss Rifkind Wharton & Garrison that was signed by New Jersey Supreme Court over 600 law students pledging to boycott the firm over its continued Occupational Safety and Health representation of ExxonMobil. Administration Read full article » Office of Federal Contract Compliance Programs Legal Recruiter Drops Fee Suit Against Freshfields Office of the Comptroller of the A Massachusetts executive recruiting firm on Friday dropped its case that Currency accused Freshfields Bruckhaus Deringer US LLP of refusing to pay millions Oklahoma Supreme Court of dollars in fees owed for its work recruiting a successful corporate law partner from Cleary Gottlieb Steen & Hamilton LLP. Small Business Administration Read full article » Texas Supreme Court U.S. Attorney's Office Analysis U.S. Court of Appeals for the Up Next At High Court: When A Shooting Becomes A 'Seizure' District of Columbia Circuit All eyes will be on Capitol Hill next week for Judge Amy Coney Barrett's U.S. Court of Appeals for the confirmation hearings, but her would-be colleagues at the U.S. Supreme Seventh Circuit 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' U.S. Department of Justice rights. U.S. Department of Labor Read full article >> U.S. Department of Veterans Affairs Supreme Court Extends Phone Hearings Through December U.S. District Court for the District of The U.S. Supreme Court said Friday it would continue holding oral Massachusetts arguments via phone through the end of the year because of the coronavirus U.S. District Court for the District of pandemic, a period that includes blockbuster cases on the Affordable Care New Jersey Act, the First Amendment and the special counsel's investigation. U.S. District Court for the Eastern Read full article » District of New York U.S. District Court for the Middle GC Cheat Sheet: The Hottest Corporate News Of The Week District of Alabama Shoplet's former top attorney was sentenced to three to nine years in prison U.S. District Court for the Middle for stealing millions from the online retailer's PayPal account, and a survey District of Georgia 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 U.S. District Court for the Northern legal news you may have missed in the past week. District of California Read full article » U.S. District Court for the Southern District of West Virginia In Case You Missed It: Hottest Firms And Stories On Law360 U.S. Senate For those who missed out, here's a look back at the law firms, stories and U.S. Supreme Court expert analyses that generated the most buzz on Law360 last week. EFTA00011407 Read full article » United States District Court for the Podcast District of Colorado Law360's Pro Say: The Road Ahead For Amy Coney Barrett United States District Court for the Supreme Court nominee Amy Coney Barrett heads to Capitol Hill next week Eastern District of Oklahoma for confirmation hearings that are likely to produce fireworks over health care, United States District Court for the abortion and the Republican effort to seat a new justice on an expedited Northern District of Ohio 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 » JOBS Search full listings or advertise your job opening Intellectual Property & Technology E-Discovery Lead Review Attorney Litigation Associate - MINNEAPOLIS • 2 to Moore & Van Allen. PLLC 5 Years of Experience Charlotte, North Carolina Robins Kaplan LLP Minneapolis, Minnesota Staff Attorney, Petrochemicals Big Law Partner w/ 51-5M book for mid Earthjustice sized firm Washington. District of Columbia Schoen Legal Search New York, New York Boutique LF w! A++ clients seeks Big Law NYC ELITE FULL SERVICE SMALL FIRM partners (NY) SEEKS PARTNERS Schoen Legal Search Schoen Legal Search New York, New York New York, New York TEMP ON HOLD Elite multistate litigation Stellar New home for law partners recently boutique seeks multiple associates for NY turned out by current firm office Schoen Legal Search Schoen Legal Search New York, New York New York, New York Staff Attorney (Portland) Health Care Litigator, Senior Associate or Duane Morris LLP Counsel Portland, Maine Duane Morris LLP Not sute if your fine subscribes? Ask your libtarian. We hope you found this message to be useful. However. if you'd gather no receive future emails of this son, you may unsubictibe here. 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