The company had been seeking $130 million from Bombardier Recreational Products over its "Can-Am Defender" off-road vehicle. Wilmer Hale persuaded a Detroit jury there was no likelihood of consumer confusion.
"I empathize with the plaintiffs' positions. They are not the ones at fault here," U.S. District Judge Richard Leon says in his written ruling in a shutdown suit from federal employees. Leon earlier this week ruled from the bench, denying a temporary restraining order.
Established 30 years ago through litigation, the rule, when leveraged properly, can help certain businesses reduce custom duties on imports, according to international trade lawyers. But they caution that the rule isn't a loophole for avoiding tariffs under the Office of the U.S. Trade Representative's Section 301.
The kind of intentional overbilling a former Kirkland & Ellis lawyer recently admitted is rare, experts say. But when it does occur, it can be seen as another consequence of law firms' questionable attachment to the billable hour.