How an Endless Stream of True-Crime Content Is Changing Juries: The Morning Minute
The news and analysis you need to start your day.
September 08, 2021 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
READY OR NOT - It's difficult to call a decision that's been gestating for 18 months "hasty." But, when it comes to office returns, it might just be an accurate descriptor. Many large law firm leaders are still hoping against hope that they'll be able to bring lawyers and staff back in-person on a regular basis starting as soon as this month. But there's a distinct possibility those tentative return dates will need to be pushed back, perhaps even until 2022. And while that's not likely to sit well with some firm heads, they could, quite frankly, use the extra time to deal with a number of looming issues around office returns. As we explore in this week's Law.com Trendspotter column, firms are still wrestling with pushback to their vaccine mandates or struggling with whether to impose such a mandate in the first place, all while the entire concept of office returns continues to cause a growing rift between attorneys and staff. Given how wildly the pandemic's pendulum has swung between hope and anxiety in just the past few months, it might be prudent for firms to step back and assess whether returning too early might actually damage the culture they're hoping to rebuild. I'm interested to hear what you think: Regardless of whether they're being realistic, are firms that are eyeing September or October office return dates being too hasty given the number of unresolved personnel issues still looming? Let me know at [email protected].
STREAM OF CONSCIOUSNESS - A federal judge last week admonished the 12 jurors and five alternates serving in the criminal fraud trial of Theranos' founder Elizabeth Holmes to avoid media regarding the case after an especially lengthy three-day jury selection. Almost every potential juror that was questioned had heard of Holmes' defunct blood-testing company and many had read books, watched documentaries or listened to podcasts detailing the alleged fraud at the center of the government's case against Holmes. America's fixation on high-profile crimes and courtroom drama is nothing new, of course. But criminal defense attorneys and jury consultants told Law.com's Alaina Lancaster that what once was a handful of hit network TV shows has been replaced by an endless stream of streamable true-crime content that has affected juror behavior in unique ways. "First, I think the increased amount of this type of content has had a desensitizing effect for many people," said Tara Trask, the founder and president of litigation strategy, trial consulting and jury research firm Trask Consulting. "What used to be sensational is now run-of-the-mill. Additionally, much of the true crime content is quite well-done from an entertainment perspective, meaning that it is often compiled in a very dramatic way through excellent storytelling. I think jurors expect a great deal of drama and intrigue."
UNTRUSTED? - Magazine publisher Trusted Media Brands was hit with a privacy class action Tuesday in New York Southern District Court on behalf of subscribers to Reader's Digest, Taste of Home and other publications. The suit, filed by Bursor & Fisher, accuses the media company of selling subscriber data to third parties for marketing purposes in violation of California and Ohio laws that regulate the use of individuals' names and likenesses. Counsel have not yet appeared for the defendant. The case is 7:21-cv-07476, Bohnak et al v. Trusted Media Brands, Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
| |- 'Tinder for Lawyers?' Dating App Aims to Help Attorneys Find Love By Jasmine Floyd
- 'Voracious Consumers of Capital': How the Life Sciences Boom Is Fueling Law Firm Business By Jessie Yount
- 'Happy' Law Firm Associates Disrupt In-House Hiring By Mike Evers
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WHILE YOU WERE SLEEPING
SINGAPORE SPAC-TACULAR - Singapore will soon be allowing blank-check companies to list on its stock exchange. Last week, the city-state released new rules for SPACs to be listed on its main board, concluding its consultation process which started in March this year, Law.com International's Jessica Seah reports. The development comes at a time when U.S. SPACs are experiencing a slowdown, which some lawyers said bodes well for Singapore since Southeast Asia is rife with companies that are undervalued or have outstanding investment opportunities particularly in the fintech, medtech and microlending space. "Many of those sponsors and targets may find the new Singapore SPAC regime an attractive alternative, particularly if they perceive that it addresses some of the difficulties and challenges they have been facing in the U.S.," said Arun Balasubramanian, a Freshfields Bruckhaus Deringer partner who had participated in the SPAC regime consultation rounds in Singapore
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WHAT YOU SAID
"Be careful what you do in front of the judge. You might get an advantage on that case, but it's not worth it, ultimately, for your reputation or your career."
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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