Well, it’s that time. Cue the Gladiator theme. Testimony in Apple v. Samsung is over, and closing statements are tomorrow. Any and all attempts at settlement have failed epically. Assuming I can get a seat, I’ll be down in San Jose watching and tweeeting the proceedings tomorrow. First, let’s take a look at some predictive analysis of how the world could change depending on who wins the jury’s favor.
It’s still anyone’s ball game, so journo-pundits, unleash the hyperbole and high-minded rhetoric!
We’ve written countless times about the ways that people have tried to get out of jury duty. While some of them have managed to shirk their civic duties, others have been lesssuccessful.
In rare (unpublicized) cases, potential jurors have been more than willing to serve their time. But sometimes, real-life courtroom drama meets with television drama featuring plots ripped straight from the headlines — and that’s where things get messy.
The hot topics in jury misconduct these days are mostly about jurors who over-share or over-research cases on the internet or social media. Everyone is legitimately concerned about what jurors find online about the cases they hear. Sometimes big-time attorneys even get lambasted by judges for allowing certain information to be published in the media — even though jurors have already been instructed not to look at at any press.
But that doesn’t mean old-school water-cooler gossip has disappeared from the list of headaches uncooperative jurors can cause. In Florida this week, a high-profile, extraordinarily slow-moving murder case was delayed yet again after the judge dismissed the entire jury selection pool because of excessive pick a little talk a little cheep cheep cheep…
It’s been quite a while since we checked in on the ongoing military prosecution of Private Bradley Manning, the United States serviceman accused of leaking hundreds of thousands of confidential documents to Wikileaks.
This week, as the court-martial is still crawling forward, Manning’s attorneys raised the point that it will be pretty hard (read: freaking impossible) to find a military jury that isn’t seriously familiar with his case.
That isn’t totally surprising. When you are the face of the biggest leak of classified information an American history, it’s going to be hard to find “peers” who don’t know who you are or what you’ve allegedly done. So what are you gonna do about it?
* Jerry Sandusky’s lawyer, Joe Amendola, has a very lawyerly license plate — and expired tags, too? [Deadspin]
* In other sports law news, Darren Heitner says at least one football helmet manufacturer should be afraid, be very afraid, of concussion litigation. [Forbes]
* A pop culture blogger, Jenni Maier, is rudely awakened to the boring, sexless, receding-hairline-filled real world of jury duty. [Crushable]
* A pair of former Lawyers of the Day, Michael Tein and Guy Lewis, are in trouble again — this time for allegedly acting “recklessly and unprofessionally” twowards the judge in a wrongful death case they were handling. [Miami Herald]
* The Minnesota Supreme Court rules that a Mortuary Science student was legally flunked for making fun (on Facebook) of the cadaver she had to dissect. Chalk up another point to the Facebook Fun Police. [City Pages]
* Senior U.S. District Judge Robert J. Kelleher, the oldest serving federal judge, died at 99 in California. [Associated Press]
I was called to serve jury duty yesterday morning in the pastoral East Bay suburb of Walnut Creek, in Contra Costa County, California.
I only had to stay until about lunchtime, because I actually don’t live in that county, and shouldn’t have been called anyway (my driver’s license still has my parents’ address on it, blah blah). I spent the morning waiting and getting general instructions from the jury clerk. But I was excused pretty much as soon as we actually got into the courtroom, so I didn’t have to have my friend call in a bomb threat to escape serving, like this brainiac.
My colleague Elie Mystal wrote about his jury service somewhat recently, and I have no desire to be repetitious. What was interesting about my experience yesterday was how completely different was from when I was called last year in Oakland.
Let’s just say, “the wilderness downtown” has very different meanings depending on whether you’re in the suburbs or the city….
* Scott Walker, the not-exactly-beloved governor of Wisconsin who cut collective bargaining rights for most public workers, is still popular enough to survive a state recall election. In related news, the nation’s Republicans wish to report that, yes, they feel great this morning. [New York Times]
* Someone hacked Mitt Romney’s email. Gawker published a massive expose didn’t even peek at the emails and informed the Romney camp straightaway. Wait, really? [Gawker]
* The New York City Bar Association says it’s okay to do online research about prospective jurors, as long as the jurors don’t know about it. So, basically, that means you can’t friend the cute redhead on Facebook, even as part of your “research” for the case. [Thomson Reuters News & Insight]
* Who knew that the Barnes & Noble children’s section is apparently a pedo hangout? [The Consumerist]
* An employee in the Texas State Attorney General’s office was convicted of abusing her position to commit identity theft. And it was fun, fun, fun, until she was sentenced to two-and-a-half years in the slammer. [Courthouse News Service]
It’s hard to believe that almost a year has passed since the verdict in the trial of Casey Anthony, who was accused of murdering her two-year-old daughter, Caylee Anthony. The acquittal of Casey Anthony, which generated strong emotional responses — hear, e.g., this 10-second voicemail — still fascinates, and infuriates, many people.
At least that’s what I concluded after attending a very interesting event at Pace Law School last night, a panel discussion on the Casey Anthony case (for which I received CLE credit, yay). The auditorium was packed, and the energy in the crowd — and on the stage, where the passionate panelists sparred with each other — was palpable.
It was fascinating to see Jeff Ashton, the lead prosecutor, and J. Cheney Mason, co-counsel for Casey Anthony (with Jose Baez), essentially re-argue the case. They were joined by a celebrated television jurist, Judge Alex Ferrer (aka Judge Alex), and a noted novelist and law professor, Thane Rosenbaum of Fordham Law School.
So what was discussed at the panel? If you’re looking for a quick primer on the Casey Anthony prosecution, so you can sound intelligent the next time your daytime-television-addicted aunt asks you about it at Thanksgiving, keep reading….
The verdict is in — and we’re not just talking about vanity license plates for luxury cars. We’re talking about the jury in the prosecution of former senator John Edwards, vice-presidential nominee turned disgraced philanderer, for alleged violations of campaign finance law.
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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: asia@kinneyrecruiting.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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Well, it’s that time. Cue the Gladiator theme. Testimony in Apple v. Samsung is over, and closing statements are tomorrow. Any and all attempts at settlement have failed epically. Assuming I can get a seat, I’ll be down in San Jose watching and tweeeting the proceedings tomorrow. First, let’s take a look at some predictive analysis of how the world could change depending on who wins the jury’s favor.
