It was a big win for Apple, and it came surprisingly quickly. As Elie pointed out, it would take many smart people more than three days to even understand all the the terms within the 109 pages of jury instructions. Aside from the jury itself, it seemed no one was ready for the verdict. One attorney for Apple even showed up in a polo shirt.
Let’s have a post-mortem run through of the case (and a quick-and-dirty look at the massive attorneys’ fees incurred by both sides)….
* Austin Tice, a Georgetown Law student, freelance journalist, and former Marine Corps officer, is missing in Syria. We hope he’s okay. [McClatchy]
* The nightlife lawyer is already back in the news. He’s repping a new high-profile plaintiff: an NYC cop whose foot got run over by some d-bag in a Ferrari. Make it rain! [Jalopnik]
* Former Allen & Overy partner Edward M. De Sear got arrested AGAIN on child pornography charges. We’ll definitely have more on this tomorrow. [The Record]
* I understand wanting to eliminate viral ads targeted at kids, but who would I be without all those old Crossfire, Hungry Hungry Hippos, and “Hey, it could happen!” McDonald’s television ads? [Threat Level / Wired]
* Jurors in Apple v. Samsung have been deliberating for two days now. I scream, you scream, we all scream — for a verdict. [CNET]
* California’s state legislature passed an act that would force law enforcement to get a warrant before gathering GPS or other location-tracking data from cell phones. All you drug dealers, it’s time to re-up on a new burner. [Ars Technica]
* I don’t think Esquire means what you think it means. Seriously. You can’t give yourself the title when your law license is suspended. No one cares if you read the magazine or own land. [WSJ Law Blog]
What. A. Day. Long long ago, in a time before lunch, I again trekked down to San Jose to watch the closing arguments in Patent Super Bowl 2012: Apple v. Samsung. That, and go through the most boring morning of my life, as close to 40 attorneys, dozens of spectators, reporters, and the unseen masses in the overflow room, sat through a reading of 109 pages of jury instructions.
But after lunch, we finally got what we hoped for: four hours of impressive performances from Charles Verhoeven, Bill Lee, and Harold McElhinny. We’ve probably got a year’s worth of Quotes of the Day from this afternoon, but by the end of the day, one phrase, one idea was abundantly clear: “The world is watching.”
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….
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 seven years. You can reach them by email: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.