The Texas judge who ordered Microsoft to pay $290 million for infringing a patent included a $40 million enhancement that he said was partly justified because of alleged trial misconduct by a lawyer from Weil, Gotshal & Manges.
U.S. District Judge Leonard Davis tacked on the $40 million penalty because of evidence of willful infringement. But also “favoring enhancement,” he said in an opinion, was trial conduct by lawyer Matthew Douglas Powers, a Weil Gotshal partner.
Matthew Douglas Powers is a big name in IP circles. And he’s the co-chair of Weil’s litigation department. But he’s not going to comment on Judge Davis’s $40 million critique of his trial performance.
What were the judge’s reasons for admonishing Powers? Check after the jump.
Pity the poor partners of McDermott Will & Emery. Sure, their firm is highly regarded and highly profitable. But when they head off to try cases in far-off places, they often get benchslapped silly.
You may recall the case of bankruptcy partner William Smith, who found himself in the deep-fat fryer after telling a judge she was “a few French Fries short of a Happy Meal.” Although the judge was upset, in the end Smith got a slap on the wrist.
Things didn’t end as happily for Terrence McMahon and Vera Elson, MWE partners based in Silicon Valley. Judge Richard P. Matsch — the tough, well-regarded trial judge who presided over the Oklahoma City bombing case — sanctioned McMahon and Elson for “cavalier and abusive” misconduct and a “what can I get away with?” attitude during trial. From the Denver Post:
A federal judge recently got so infuriated by the conduct of two highly regarded trial attorneys that he overturned a jury’s $51 million verdict, then ordered the lawyers to pay the fees and costs of the opposing lawyers, a sum that could total several million dollars.
Ouch. So is that coming out of their partnership draws?
Or maybe the firm will find other ways to cut costs. Read more, after the jump. Update: Please note that this post has been corrected since it was first published. The correction appears after the jump.
Or a richness of embarrassment. Today we’re going to name not one, but sevenLawyers of the Day.
Our first Lawyer of the Day is Mark Mersel (formerly of Morrison & Foerster, now at Bryan Cave). In case you missed the shout-out in Morning Docket, here’s a bit more, from the WSJ Law Blog:
It’s a litigator’s worst dream — costing your client serious money by missing a filing deadline.
That nightmare was a reality for MoFo, which appears to have cost its client Toshiba America $1 million when it was one-minute late — 1 minute! — in filing a motion for attorneys fees.
For the exciting details — which involve a courier zooming through traffic on a motorcycle, and an unfortunately timed train — read the full post.
The other six Lawyers of the Day are no strangers to thesepages. Let’s call them the Qualcomm Six. From the Recorder:
Six attorneys in the Qualcomm Inc. discovery fiasco were sanctioned Monday for “monumental” discovery violations and referred to the State Bar of California for possible discipline.
Day Casebeer Madrid & Batchelder attorneys James Batchelder, Adam Bier, Kevin Leung, Christian Mammen and Lee Patch, and Heller Ehrman’s Stanley Young were sanctioned and harshly criticized by U.S. Magistrate Judge Barbara Major in a 42-page order. The ruling follows a patent infringement trial Qualcomm had brought against Broadcom Corp.
The attorneys “assisted Qualcomm in committing this incredible discovery violation by intentionally hiding or recklessly ignoring relevant documents, ignoring or rejecting numerous warning signs that Qualcomm’s document search was inadequate, and blindly accepting Qualcomm’s unsupported assurances that its document search was adequate,” Major wrote.
Today we bring you not one, but two Judges of the Day. We can’t decide who is more deserving of the honor. From the Florida Times-Union:
Twelve days before Christmas, Circuit Judge Aaron Bowden fired his 17-year judicial assistant, who had been on leave since August with cancer. The Jacksonville judge said he feared her prolonged illness would leave him without an assistant at a time when the state had implemented a hiring freeze.
But his decision left Christine Birch, 54, with no medical, life or disability insurance and has created a firestorm at the courthouse.
Chief Circuit Judge Donald Moran responded by calling Bowden “a no-good son of a bitch,” prompting Bowden to respond with a blistering e-mail (PDF) defending his decision and calling Moran’s criticism irresponsible, unprofessional and unseemly.
Other judges’ assistants were also appalled by Birch’s firing. They raised money to pay her rent this month….
Birch declined comment Thursday. But she thanked Moran in a handwritten note last week for putting her back on the courthouse payroll in a rotating judicial assistant’s position. Birch was paid about $3,275 a month in her old job, and the state paid her health insurance premium. Her new rotating position pays $750 less a month and requires her to pay her own premiums.
Our tipster writes:
Best quote from the article: “He said if she died while on the payroll, he would have been without an assistant for two months, ‘not an ideal situation for a judge.’” I guess dying wouldn’t have been an ideal situation for her, either.
To get both sides of the story, check out the email from Judge Bowden in which he defends his actions (and rips Chief Judge Moran a new one). You can access his message — in which he benchslaps Chief Judge Moran for his “effrontery” and his “irresponsible” comments, made “precipitously [and] without authority” — by clicking here (PDF).
P.S. Speaking of cancer, here’s a PSA from ATL, and bad news for Biglaw associates and paralegals: according to cancer researchers, overnight work and sleep deprivation may raise your cancer risk. Judge fires his assistant, draws criticism [Florida Times-Union] Email from Judge Aaron Bowden (PDF) [Florida Times-Union]
As the old adage goes, “A lawyer who represents himself has a fool for a client.” And there is some anecdotal evidence in support of that proposition. See, e.g., Elana Glatt / Elana Elbogen (depending upon how you view the merits of her case against her wedding florist).
Here’s another example of what can happen when Biglaw litigators represent themselves. From TaxProf Blog:
The Tax Court today decided Hynes v. Commissioner, T.C. Summ. Op. 2008-1 (1/2/08), a case involving Shawn T. Hynes, a fifth year securities litigation associate in Cleary Gottlieb’s New York City office. The taxable year at issue was 2003, when Hynes was a Penn 3L (he tranferred to Penn after completing his first year at Oregon).
More about the facts of Shawn Hynes’s case, and how he got benchslapped by the Tax Court, after the jump.
While you wait for more bonus announcements to trickle in, check out a benchslap from the nation’s capital. The Washington Examiner reports:
Furious over the city’s “stunning ignorance” of the crisis facing its special-education system, a federal judge has given the District of Columbia one week to come up with a cost-fixing schedule — or face contempt charges.
In an unusually caustic order, U.S. District Judge Paul L. Friedman has ordered State Superintendent Deborah L. Gist and schools Chancellor Michelle Rhee to come up with a policy for setting rates with the thousands of private schools and vendors with which it does business.
Judge Friedman had especially harsh words for the city’s counsel:
“The defendants’ response demonstrates a stunning ignorance of the history of [the] litigation and the operative orders issued by this court,” the judge wrote. “The only plausible explanation is that the attorneys whose names appear on the signature page … must not have read it. …”
* Happy Birthday, Mrs. President! Scott Shrake conducts an astrological analysis of Hillary Clinton. [Huffington Post]
* Speaking of witch, is Stephen Colbert “the best-scripted candidate this side of Hillary Clinton”? [Radar Online]
* “‘Terrorism,’ Censored Legal Briefs & The Blogosphere: Awesome Together.” [Fishbowl NY]
* Lawsuit of the Day: Mom of “Let’s Go Crazy” Baby fights back. [ABC News]
* Benchslap of the Day: federal judge tells SEC lawyer, to “sit down” and “shut up.” [WSJ Law Blog]
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
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