Litigators

Daniel Petrocelli Dan Petrocelli AboveTheLaw Above the Law blog.jpgHere’s our latest Non-Top-Tier Law School Graduate of the Day, an alumnus of a Tier 3 school. And he didn’t even get an LLM from NYU!
Name: Daniel Petrocelli
Law School: Southwestern Law School, J.D., 1980
Current Position: Partner, O’Melveny & Myers
Why He’s Our Winner: The reader who nominated Petrocelli says it all:

You should consider featuring Daniel Petrocelli on your non-top-tier success series. This is the same Petrocelli who brought in the civil verdict against O.J. Simpson and represented Jeffrey Skilling. Petrocelli is now pulling in gazillions as a partner at O’Melveny & Myers in L.A.

From whence did he come? Southwestern University Law School. But wait, there’s more. It’s not featured on his bio, but he went to night school!!!

So whether to illustrate the heights to which non-top-tier graduates are capable of reaching, or to show how one doesn’t need to have their parents get them into Yale to succeed, you really should feature him.

Indeed — Dan Petrocelli is a worthy winner. But one caveat: he did graduate first in his class, and served as editor-in-chief of the law review. So his job prospects were considerably better than those in the middle or at the bottom of the class.
Daniel Petrocelli bio [O'Melveny & Myers]
The Inside Story of How O.J. Lost [Time]

Eugene Stearns Eugene E Stearns 250 Cape Florida Drive D John Devaney Above the Law blog.jpgHere’s a sign of changing times: lawyers are picking up luxury real estate holdings that hedge fund guys can’t afford to keep.
From the Daily Business Review:

A high profile Miami litigator is expanding his real estate holdings on Key Biscayne.

Attorney Eugene E. Stearns and his wife, Diana, purchased a two-story home at 250 Cape Florida Drive for $8 million Aug. 31 from United Real Estate Ventures owned by trader D. John Devaney.

The 7,852-square-foot house has eight bathrooms, six bedrooms and a first-floor master suite. The house built in 1985 features cathedral ceilings.

Who says the Miami real estate market is dead? A thousand bucks a square foot, for a single-family house not on the island of Manhattan, doesn’t sound half-bad.
Discussion continues after the jump.

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Quinn Emanuel Urquhart Oliver Hedges associate salary Abovethelaw Above the Law blog.jpgWe received an interesting email about a month ago. We meant to write about it back then, but never got around to it. But since we haven’t read about it elsewhere (please correct us if we’re wrong), we figure it’s still fair game for discussion.
Here’s the start of the email. It’s from John Quinn, name partner of litigation powerhouse Quinn Emanuel.

From: John Quinn
To: Associates
Cc: Partners
Date: 6/18/2007

we have a possible solution to a problem that we want to run by all of you. its controversial–or has the potential to be such–so we don’t want to consider it further if it will be a problem.

our firm desparately needs more patent litigators with electrical engineering degrees. its not just that we have more and more cases calling for that expertise. we also have clients who insist on staffing their cases with electrical engineers. we are beyond capacity limited in this area. its to the point that we are being instructed to off load some work to other firms that have ee degrees. the truth of the matter is that we could probably put a dozen of these people to work right now if we had them.

we have constantly been looking for people with this credential. unfortunately, so are alot of other firms. the demand clearly exceeds the supply.

You can probably guess where this is going. Read the rest of John Quinn’s email, after the jump.

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State of Louisiana seal New Orleans Above the Law blog.jpgDisorder in the court, disorder in the court! From the New Orleans Times-Picayune:

St. Tammany Parish deputies took two defense attorneys into custody on contempt of court accusations Monday after they got into a fight at the parish courthouse in Covington, Sheriff Jack Strain confirmed.

Michael Fawer of Covington and his brother-in-law, Joseph Bartels of New Orleans, tussled outside state Judge Raymond Childress’ third-floor courtroom at about 10:30 a.m. As a result, the judge ordered both men held, Strain said.

Fawer, 71, claimed Bartels made a profane reference to his religion, and Bartels, 56, claimed Fawer injured his neck.

And you thought you didn’t get along with your brother-in-law. Well, at least these guys are zealous advocates.
A little more about this incident, after the jump.

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Akin Gump 2 Akin Gump Strauss Hauer Feld Deborah Jeane Palfrey DC Madam Above the Law blog.JPGHere are two quick updates to our earlier coverage of Akin Gump, the prestigious D.C. law firm, where an assistant to alleged D.C. madam Deborah Jeane Palfrey worked as a legal secretary. The second of these updates is nothing short of mind-blowing.
1. As a commenter pointed out, Tom Goldstein, the head of Akin Gump’s Supreme Court practice, just posted an “opening” for a “special assistant.” This led some to wonder: Could the madam-in-training have worked for the Supreme Court superstar?
It wouldn’t be THAT suprising. The job announcement (PDF) mentions that an appreciation for poker is helpful. And we’re guessing that the secretary-cum-escort has some familiarity with that game — or a certain variant thereof.
Sadly, however, it turns out that there is no relation between these two events. According to a source at the firm, “this opening is completely unrelated to that situation..”
2. We believe our source. We’ve learned that the Akin Gump temptress worked for someone even more senior at the firm — and even more powerful.
We have confirmed, with knowledgeable sources, what was previously rumored in reader comments. The Akin Gump Escort worked for John M. Dowd, the high-powered head of the firm’s criminal litigation group. From his firm bio:

John M Dowd John Dowd Akin Gump Above the Law blog.jpgMr. Dowd has prosecuted and defended significant criminal matters at trial and in parallel proceedings before Congress and regulatory agencies for more than 30 years. His practice focuses on the trial of complex civil and criminal cases.

Mr. Dowd is noted for his representation of a U.S. district judge, a former U.S. attorney and two U.S. senators. In addition, he represented a U.S. governor in a lengthy, high-profile criminal trial involving 23 counts charging false statements, wire fraud and attempted extortion.

Monica Goodling headshot Monica M Goodling Monica Gooding Alberto Gonzales Above the Law blog.JPGA judge, a U.S. attorney, some senators? YAWN. John Dowd currently represents one of Above the Law’s favorite celebrities: MONICA GOODLING!!!
Does this mean that telephone and/or face-to-face conversations took place between (1) the Magnificent Monica Goodling, of U.S. Attorneygate fame, and (2) the Akin Gump Escort? Presumably Monica Goodling had to interact with the Akin Gump Escort, whenever she called John Dowd on the phone, or came to his office for a meeting.
Please excuse us for a moment. Our head is about to explode, due to fabulosity overload!!!
More discussion, after the jump.

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A draft copy of Don Imus’s complaint indicates that the fired radio show host will be suing CBS, his former employer, for $120 million. Details here.
That’s a hefty chunk of change. It’s three times the total value of his $40 million contract.
But look at it another way. A hundred and twenty mil is still less than the cost of two pairs of pants. If you’re an exalted Administrative Law Judge, for the District of Columbia.
Exclusive: Imus Says CBS got what it bargained for [ABC News]
Earlier: Prior ATL coverage of Don Imus (scroll down)

Don Imus Donald Imus nappy headed ho Above the Law blog.jpgOkay, not exactly. But Martin Garbus, the legendary litigator now representing former CBS radio host Don Imus, is coming out swinging.
Yesterday Garbus announced that Imus would sue CBS Radio for the unpaid portion of Imus’s $40 million contract. He said to expect the lawsuit by the end of next week.
Garbus cited a clause in Imus’s contract acknowledging that his show was “unique, extraordinary, irreverent, intellectual, topical, controversial.” This language may be part of the contract clause we discussed back in this post.
This morning’s news includes another argument we’ll probably see in the eventual lawsuit. From the AP:

CBS Radio and MSNBC had delay buttons, but didn’t use them when Imus made racist and sexist comments about the Rutgers women’s basketball team, lawyer Martin Garbus said on ABC’s “Good Morning America.”

“That means CBS and MSNBC both knew the language that was going out, and both knew the language complied with (Imus’) contract. … It was consistent with many of the things he had done,” Garbus said.

Interesting. It sounds like CBS may have a real fight on its hands. And if the matter goes to a jury trial, there may be some sympathy for Imus. Here are the results of our recent ATL poll:
Don Imus Martin Garbus Donald Imus Leslie Moonves Les Moonves CBS radio Above the Law blog.jpg
And this poll was taken before we learned about the exact wording of the contract clause, as well as CBS’s alleged failure to use its delay buttons.
Hey Yul Kwon — CBS wants its million dollars back…
Imus Lawyer: We’ll Sue for Full Contract [Associated Press]
Imus Lawyer: Bosses Could’ve Cut Remarks [Associated Press]
Earlier: Is the Nappy-Headed Don Imus Entitled To One Free Bite of the Hoho?

GarbusM.jpg
Don Imus has hired a prominent litigator, prompting speculation that the dismissed DJ may be plotting legal action against his former employers (CBS and MSNBC).
The lawyer is Davis & Gilbert partner Martin Garbus, named by Time Magazine as “legendary, one of the best trial lawyers in the country.” According to BusinessWeek:

A brief sentence on Garbus’ personal blog, late Friday afternoon, noted that Garbus “represents Don Imus in a dispute with CBS”—a sentence that was later removed from the blog.
A ferocious litigator who has received numerous media citations as one of America’s leading trial lawyers, Garbus has represented clients as diverse as the comic Lenny Bruce, New York City Mayor Michael Bloomberg, Nancy Reagan, and pioneering rap group Public Enemy.

Even cooler than the thought of Nancy Reagan and Public Enemy eyeing each other from opposite sides of the Davis & Gilbert lobby: Garbus’ bio notes that he “won what is arguably the most important due process case of the 20th century, Goldberg v. Kelly (397 U.S. 254).”
He also blogs at The Huffington Post.
Sounds like Imus is in good hands.

Ed Hochuli.jpg
Sunday’s NYT sports section features a short interview with our favorite NFL referee, Ed Hochuli. Hochuli is a minor celebrity among football fans for two things: his brawny physique and the commendably detailed on-field explanations he gives when announcing penalties and other calls.
He’s also a partner in the Phoenix law firm of Jones, Skelton, and Hochuli.
From the interview:

YOU WORK AS A REFEREE AND A LAWYER?
I am a full-time civil litigator and a full-time referee. I go and defend in court. The two jobs have a lot in common.
YOU APPEAR TO TAKE WORKING OUT SERIOUSLY.
I do. I do cardio, at least an hour, sometimes more, every day. I lift weights four days a week for another hour.

If you want to feel like a total slob, read all the details of Hochuli’s diet and workout regimen here. And for the next time you’re debating whether to go for a run or merely dash down the hall to the vending machine, you can buy “What Would Ed Hochuli Do?” merchandise here.
Is it any surprise that this strapping specimen of manhood has fathered six children?
We wonder what Hochuli is like to work for. Are there any JSH associates out there who’d like to give us a report?

Alison Maynard Allison Maynard Sunny Maynard Alison Sunny Maynard Above the Law blog.gifWhen we wrote about her amusing court filing earlier today, we redacted her name. But since she has shown that she has no problem with being identified, even going so far as to comment on our prior post, we’re happy to shout her name from the blogospheric rooftops: ALISON MAYNARD.
Alison Maynard, who ran unsuccessfully for Colorado Attorney General as a Green Party candidate, is known in some circles as “Sunny” Maynard. And with her hilarious motion, Sunny Maynard has brightened the days of thousands of lawyers around the country.
This is why we’re naming her our Lawyer of the Day. Congratulations, Ms. Maynard!
For those of you who didn’t read our prior post, here’s the relevant excerpt from Maynard’s motion:
inebriation 2 excusable neglect drink drunk drinking motion Alison Maynard Allison Maynard Above the Law blog.JPG
In the hours since we posted it, we’ve been bombarded by several lengthy email screeds from Maynard. Because most of them contained the words “water rights” and “bill of costs,” they were initially banished to the “Boring Stuff” subfolder of our “Junk Mail” folder.
But we dutifully rescued them, and we even read them. Some excerpts, as well as links with biographical information about Alison Maynard, appear after the jump.

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