Litigatrix

Say what? One of Above the Law’s favorite subjects, celebrity lawyer and author Elizabeth Wurtzel, got attacked by a penguin?

Yes — in a manner of speaking. Penguin Group, the publishing mega-house, recently sued the bestselling and critically acclaimed authoress, seeking the return of her advance money. Other prominent authors have been sued as well.

How much does the publisher want back from La Wurtzel? What are her possible defenses? And who are some of the other high-profile defendants being pursued by the angry Penguin?

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You know it’s going to be a great day when you get to write about allegations of attorney misconduct that took place at a store that markets itself as a “purveyor of adult accoutrements, toys and lingerie.”

Do you remember Courtney King, the Ice Miller attorney who allegedly told the police to Google her before she was arrested? Well, today we’ve got another tale of a female attorney who allegedly attempted to pull rank during what seems to have been a rather drunken escapade in Chicago. Trust me, girl, the hangover is going to be that much worse for a prosecutor who has become the prosecutee.

Just because you were allegedly causing a ruckus in an adult store doesn’t mean that you have to go all BDSM on everyone, and start biting people when you’re asked to leave….

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We’ve learned this before: sometimes lawyers and alcohol are like peas in a pod. But other times, lawyers and alcohol are like a box of dynamite and a book of matches. Get too close and everyone comes out looking a lot worse for the wear.

That’s the long and short of an incident that allegedly happened over the weekend in Atlanta, involving a Fulton County assistant district attorney.

The young litigatrix was arrested after allegedly fighting with cops outside a bar. Police had arrived to deal with her male friend, who had been asked to leave and reported for allegedly playing some unwanted grab-ass.

What a hot mess in Hotlanta. Time for ATL to pay a visit to ATL…

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So, the Apple v. Samsung trial is on break for one more day, but that doesn’t mean the digital drama is fading. The trial has become ubiquitous in the news. We’ve got a clip from Conan O’Brien mocking opining on the proceedings… or more specifically, Samsung. And we’ve got word that another Quinn Emanuel partner is in the hot seat.

UPDATE (5:09 PM): We have added Quinn Emanuel’s official response to the newest controversy at the end of this post. It’s a doozy.

In the meantime, one news outlet is heralding the case as the trial of the century, while another says the outcome is irrelevant anyway. So let’s take a step back and think about what it all means…

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As we mentioned yesterday in Morning Docket, Judge Marcia Gail Cooke (S.D. Fla.) recently issued an omnibus order on multiple motions for sanctions in the high-profile case of Coquina Investments v. TD Bank. The plaintiff, Coquina Investments, moved for sanctions related to various alleged discovery violations.

At a contempt hearing held back in May, Judge Cooke heard testimony from employees of TD Bank and current and former lawyers from Greenberg Traurig, which previously represented the bank. She took the matter under advisement — but not before saying things like, “It is hard for me to describe in words the difficulty throughout this trial related to documents and discovery.”

Now Her Honor has ruled. What did she decide?

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Elizabeth Wurtzel

Last week, Elizabeth Wurtzel left Boies Schiller & Flexner. The bestselling and critically acclaimed author of Prozac Nation and other books, and a contributor to such publications as the New Yorker and the Wall Street Journal, Wurtzel started working at the formidable firm in 2008. She was personally hired by legendary litigator David Boies, after she graduated from Yale Law School.

We heard some interesting rumors about what led to La Wurtzel’s departure from BSF. On Friday afternoon, one tipster breathlessly told us the following: “Wurtzel was fired from Boies Schiller after she demanded a window office (she had been working in an internal office similar to what staff use). The partners looked at her hours — which are so minimal that it’s amazing she is still employed at all — and gave her the boot. She is also still not licensed. She passed the bar — but what about character and fitness?”

(The potential character and fitness issues arise out of Wurtzel’s wild pre-law life. As the New York Times put it, Wurtzel is someone “whose attempted suicide, drug use, self-mutilation and indiscriminate sex have made her famous” — thanks to her turning these experiences into the books Prozac Nation and More, Now, Again. To learn more, read her nomination blurb in our contest for Yale Law’s most disgraceful graduate.)

The notion of Wurtzel getting fired over a dispute about office space struck me as a little… well, like Office Space. Did she demand a red Swingline stapler too?

I reached out to Liz Wurtzel and Boies Schiller to find out what actually went down. Here’s what I learned….

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For a litigator, DLA Piper partner Laura L. Flippin didn’t do herself any favors on the stand.

As we mentioned in Non-Sequiturs last night, Judge Colleen K. Killilea of Virginia’s 9th Judicial District accused Flippin — an ATL fan favorite, and former lawyer of the month — of lying under oath. Judge Killilea then found Flippin guilty of public intoxication.

We first wrote about Laura Flippin back in October, when she was arrested for public intoxication after an event for her undergraduate alma mater, William and Mary. Police reports claimed that Flippin blew a .253 BAC and needed help standing up.

But when she was on the stand, here’s what she told the judge about how much she had to drink….

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Last week, the New York Times, the Wall Street Journal, and the American Lawyer all mentioned an unusual debt in the bankruptcy case of Dewey & LeBoeuf. A former D&L associate, Emily Saffitz, was listed as being owed $416,667 — a sum big enough to put her in the top 20 unsecured creditors of the firm. This was apparently due to a “severance arrangement.”

Why did Dewey agree to pay an associate from the class of 2006 more than $400K in severance? According to the Times, Saffitz received this severance agreement after she “complained over how she was treated by a former Dewey partner and told the firm’s management.” According to the Journal, she filed “a complaint regarding sexual discrimination by a Dewey partner who is no longer with the firm.”

Inquiring minds want to know: Who was the partner in question? And what did he allegedly say or do to Emily Saffitz?

Finding out such details is difficult. Settlements in cases of alleged sex discrimination or sexual harassment often contain non-disclosure or non-disparagement provisions that prevent the parties from speaking about what took place.

So we didn’t expect we would ever find out which former Dewey partner triggered complaints from Emily Saffitz. Until, well, he emailed us….

Multiple UPDATES, after the jump.

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The “It firm” of May 2012 would appear to be Greenberg Traurig. It’s the Biglaw behemoth that’s generating the greatest buzz and the most headlines right now (not counting Dewey & LeBoeuf, which will soon find itself in bankruptcy).

Whenever there’s a big story, GT is there. In the past month, it has appeared in these pages as the possible savior of Dewey, the actual savior of Dewey’s Poland operations, and the victim of some alleged rudeness by a divorce lawyer in Texas.

And, of course, Greenberg Traurig has found itself at the center of the TD Bank controversy. Late last week, Judge Marcia Cooke held a contempt hearing, to decide whether Greenberg should be sanctioned due to a discovery debacle.

The hearing spanned two days and featured some high-powered witnesses. What happened?

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Judging from our traffic stats and the many emails we’ve received about it, the story of the document controversy involving Greenberg Traurig and its former client, TD Bank, has captured the interest of our Floridian readers. So we’ll do one more story about it for now (and then we may keep our powder dry until after the contempt hearing later this month before Judge Marcia Cooke, when there will be bigger news to report).

In our first story, we discussed the allegations made against Greenberg Traurig and one of its former shareholders, Donna Evans. In our second story, we raised some points in defense of ex-partner Evans and her former firm. We believe in providing both sides of a story here at ATL.

Now we’ll share with you a final rebuttal by critics of GT and Evans….

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