We have obtained a letter that Snell & Wilmer partner Tracy Fowler sent to Judge Dale Kimball (D. Utah) concerning Timestampgate.
Our source for the letter expressed the following opinion (opinion! opinion! no verifiable statement of fact!):
Attached is a letter Tracy Fowler sent to Judge Kimball explaining that he is “shocked and embarrassed” that his firm was caught for the SECOND time [allegedly] trying to deceive the court. Not surprisingly, Fowler claims to have no knowledge of what transpired and assures the court that Snell & Wilmer is undertaking a thorough investigation.
The fact that the letter came from Fowler, the partner on the case in question, rather than the managing partner of Snell & Wilmer is kind of like the fox assuring the farmer that he will conduct a thorough investigation into the hens missing from the hen house.
We hope you noticed the colorful rhetoric and hyperbole employed by our source’s “hen house” comparison — which, as noted, is merely opinion (opinion! opinion! no verifiable statement of fact!).
One could hold a very different opinion based on the same facts. For example, one could argue that it was most logical for the letter to come from Tracy Fowler, rather than some other Snell & Wilmer partner, because Fowler is lead counsel in this case.
Okay, enough preliminaries. The letter appears after the jump.
Last week, we did an item on Judge Dale Kimball (D. Utah) benchslapping some Snell & Wilmer lawyers for allegedly engaging in questionable conduct involving the court’s time stamp machine and outside drop box.
Yesterday the WSJ Law Blog put up a post on the controversy. Most of their post will be familiar to readers of our earlier item. But here’s a new tidbit they unearthed:
The Law Blog spoke with Alan Sullivan, managing partner of Snell & Wilmer’s Salt Lake City office, who said that his law firm took responsibility for the improperly dated court filings. He also confirmed said that a Snell & Wilmer associate staffed on the Yamaha matter resigned from the law firm on Friday.
A question: Was the associate in question entirely responsible for the alleged conduct? Or did partner Tracy Fowler, who remains at Snell & Wilmer, know anything about it?
In case you’re curious, we believe that this individual is the associate who resigned last week. Her bio on the Snell & Wilmer website was functional as of Friday, but it has since been taken down. If you go to where her bio used to be, you’re informed that “the current record has been deleted.”
Thank God for Google Cache and Archive.org. For those of you who are curious — nobody’s forcing you to look at it — a screenshot of this associate’s bio appears after the jump.
Dying for just a few extra days on that brief? Ever thought about trying to game that little date stamp machine outside the court house?
The attached order has been causing some buzz here in Salt Lake City. Judge Dale Kimball is not exactly a divo, but I love this order, not only for the slimy behavior of the Snell & Wilmer attorneys that got totally busted (check the docket for the exact attorney names), but also for the clever detective work by the court staff.
This is a good lesson. And a great example of an attorney getting benchslapped!
Here’s the first page of the order:
And now it’s time for this court to rip counsel a new one. The rest of order follows after the jump.
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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