In a Los Angeles trial over Johnson & Johnson’s baby powder, plaintiffs expert William Longo told jurors that his testing revealed 35% of the bottles with talc mined in China had asbestos in them.

Johnson & Johnson lawyer Kimberly Branscome objected, pointing out that Longo gave a different percentage in a deposition earlier this year: 43%. At first blush, that admission didn’t appear to help Johnson & Johnson’s case. But Branscome, a partner at Kirkland & Ellis, was convinced this was no simple mistake, as Longo admitted, but a sign that attorney misconduct tainted the case.