Patents

* The author of Even Greater Response to a Cease & Desist Letter fame sent the ATL office some glitter pens because Staci asked for one in the comments. Keep being awesome Andrew Delaney! [Twitter]

* Tired of the National Zoo Panda Cam? A USPTO attorney has created the Substitute Panda Cam. I wonder if the cam will survive the shutdown. [Substitute Panda Cam]

* Well, wonder no more! Here’s a rundown of how the shutdown is treating the intellectual property world. [Patently-O]

* So if you’re part of the intellectual property legal regime that’s shut down (or any government employee off because of the shutdown), here’s a list of all the drinking specials in D.C. you can use to fill your day. [Washington Post]

* An update on Bike Dude. [Racked]

* Some advice on handling terrible clients. Alternate title: 50 Shades of Grey. [The Careerist]

* St. Charles Parish Judge Michele Morel has finally agreed to recuse herself in a trial over the rape of a 10-year-old girl. And why should she have recuse herself? Just because she has a personal relationship with the defendant’s family? Pshaw! [Times-Picayune]

* Happy 100th birthday to income tax! Back then, someone with around $12 million (in 2013 dollars) paid about 7 percent in taxes. Meanwhile, today that same person would pay… well, with deductions and carried interest exceptions, probably about 7 percent. [TaxProf Blog]

* According to Altman Weil, law firm merger mania is on pace for record highs as firms desperately attempt to stave off financial problems by gobbling up smaller firms’ clients. [Am Law Daily]

* The NCAA better watch its back: Jeffrey Kessler, the Winston & Strawn partner who helped bring free agency to the NFL, wants in on the potential case for unpaid college athletes. [Bloomberg]

* Lawyers doing regulatory work are very afraid that the shutdown will decimate their fourth quarter billables because “[t]he longer it goes, the more problematic it will be.” Yay government. [Reuters]

* GrayRobinson partner Philippe Devé is in need of a bone marrow transplant, and his firm is using its social media presence to crowdsource a donor. Will you lend a helping hand? [Daily Business Review]

* UpCounsel has successfully raised $1.5 million in funding to beef up its international patent practice, proving the point that it costs a pretty penny to protect clients from the world’s patent trolls. [TechCrunch]

* Law schools in New York State are feeling the pain of the drop in applications, and some are now willing admit that their graduates had to start “cannibalizing each other” in the job market. [New York Law Journal]

* But really, so what if applications are down? Lots of law schools consider themselves lucky to be keeping the lights on with the assistance of generous alumni donations in the millions. [National Law Journal]

* Another day, another “diploma mill.” Sorry to disappoint you, law students and alumni, but Charleston School of Law is moving forward with its plans to sell out to the InfiLaw System. [Post and Courier]

* Who’s bad? Not AEG Live. A jury made up of people unable to answer yes or no questions during the reading of the verdict found that the concert promoter wasn’t liable in Michael Jackson’s death. [CNN]

* This Term, both wings of the Court will be making originalist arguments because “slaveholders from 200 years ago said so” is the most compelling argument in our legal toolbox. [Constitutional Accountability Center]

* Yale Law grad Ronan Farrow, supposedly Woody Allen’s son, might really be Frank Sinatra’s son. Looking at him that… makes sense. [Vanity Fair]

* Looks like the FTC is finally going after patent trolls. Or would be if we still had a government. [Ars Technica]

* Based on the look and address, the Law Librarians blog appears to have left the Law Professor Blogs Network. It must have been too loud in there for the librarians. [Law Librarians]

* So… you’re saying lots of trial judges out there don’t understand hearsay? [The Legal Watchdog]

* Avast! Russia is going after Greenpeace (probably illegally) for piracy. [The Volokh Conspiracy]

* A reminder that the federal government shut down is the result of state laws, so maybe you should vote in those off-year local elections. [PrawfsBlawg]


In our recent look at Texas law firms, the firm of Baker Botts placed sixth out of six surveyed firms. But there are some things cooking down there that could cause the dough to rise.

Perhaps taking advantage of the recent turmoil in the Texas offices of Weil Gotshal, Baker Botts just nabbed a lateral from WGM: Nicolas Barzoukas, an IP litigator in Houston. We don’t yet know whether other attorneys are making the same move, but it’s possible. Neither Baker Botts nor Weil responded to our requests for comment, but we do note that Barzoukas’s bio is gone from Weil’s website. (We’ve posted a cached version at the end of this story.)

So that’s the good news about Baker Botts. Now, on to the bad….

double red triangle arrows Continue reading “What’s Cooking At Baker Botts?”

In vino veritas — about unannounced transactions.

Here’s some friendly advice: when you’re drunk, try to keep your mouth shut. Or at least keep your work-related thoughts to yourself. This is certainly true for junior lawyers, but it goes for partners as well.

According to a complaint just filed by the Securities and Exchange Commission, an IP partner at a leading law firm had a few too many drinks, then got a little “TMII” — “too much (inside) information” — with his investment adviser. That adviser then traded on the material, nonpublic information, the SEC alleges….

double red triangle arrows Continue reading “Tipsy Partner Tipped Insider Trading Defendant, SEC Alleges”

Ed. note: This is the latest installment in a series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Today’s post is written by Michael Allen, the Managing Principal of Lateral Link, who focuses exclusively on partner placements with Am Law 200 clients.

On the surface, the state of the legal market looks grim; in the third quarter of 2013, lateral moves declined in almost every practice area in comparison to Q1 and Q2 of 2013 and the three previous Q3s. Although the legal sector added 2,700 jobs in August, there has been stagnation within the top 200 firms relative to the last few years. Compared to the last two years, lateral movement has dropped 29% since 2012, after having risen 5.5% from Q3 of 2011 to Q3 of 2012. When compared to the first two quarters of 2013, the drop is less dire. From the first quarter to the third, total lateral moves dropped 6.3% (not nearly as significant), and from quarter two to quarter three, lateral moves decreased by 13%.

Since Q3 is not yet over, we have assumed that the market trends will hold steady over the course of the next few weeks, and we used this inference to fill the gaps in our data. Analysis of past years’ data shows that this is not an unreasonable assumption. Our findings indicate that lateral movement during Q3 is especially weak when comparing these last two years. In 2012, 5,725 attorneys moved laterally (January 1 through September 18th), compared to 4,840 in 2013 — a 15.4% decrease. While the lateral market would be depressed even without Q3, the drop for the year to date would not be as significant. Of the top Am Law 200 firms, nearly 40% either hemorrhaged lateral attorneys or had no net gain. Despite this lateral recession, Lateral Link has increased its market share over the last year, placing even more candidates than the year before despite the otherwise static lateral market….

double red triangle arrows Continue reading “The State of the Lateral Lawyer Market”

* Overrated: Government surveillance is out of control. Underrated: Government spending massive amounts of money making the Army’s Intelligence and Security Command look like the set of Star Trek: The Next Generation is out of control. [Lowering the Bar]

* Helen Wan explains “The 5 Rules Every New Associate Must Know.” Not included: learning all the technical details required to convincingly say your smartphone failed to get that 1 a.m. message. [The Careerist]

* Another post in the fascinating series about creating visual maps of Supreme Court doctrine. It’s like a nerdier version of the The Atlas of Middle-Earth (affiliate link). [PrawfsBlawg]

* Ilya Somin reviews the Supreme Court’s most recent Takings Clause jurisprudence. It’s a lot harder for the government to take your property away. But don’t worry, it’s still really easy to lose all your property to unregulated markets. [The Volokh Conspiracy]

* The Office of the Solicitor General may have inadvertently helped out Frederick Oberlander and Richard Lerner, the two lawyers charged with criminal contempt for talking about a cooperator’s sentence (if you can call a $25,000 fine for admitting to a $40 million fraud a “sentence”) that the feds claim was sealed. [Wise Law NY]

* A somewhat sad art show based on requests from prisoners in solitary. Some beautiful stuff here. Though I’d have expected more “Rita Hayworth” photo requests. [Gawker]

* The Daily Show takes on biotech patents. Video after the jump…

double red triangle arrows Continue reading “Non-Sequiturs: 09.17.13″

About a month ago, I read an article about a new position available for experienced attorneys at a certain Biglaw firm. The firm? Kilpatrick Townsend. The position? Something called a “department attorney.”

Before we get into what that is, and some of the implications for Biglaw if this new kind of position takes hold, let’s take a look at the listing of open positions on Kilpatrick’s website. Currently, the firm is advertising for nine associate positions, six of which are in the patent area (including two for patent “prosection” (sic) associates, who hopefully will be better at including all the letters in a word than the firm’s recruiting staff).

Want to be a department attorney? Well, for you there are ten open positions. The breakdown? Eight in trademarks, two in patent prosecution. The common denominator of those disciplines? Shrinking margins for Biglaw, in the face of competition from IP boutiques specializing in volume work, and bulked-up in-house departments doing more on their own. In light of those shrinking margins, the firm’s desire to hire more department attorneys than full-bore associates is understandable. At least they are hiring….

double red triangle arrows Continue reading “A Biglaw Innovation, Or Department Of Disappointment?”

‘Dear Sir or Madam, you are infringing on my patent, now pay up!’

I think fundamentally the term ‘patent troll’ gets thrown at anybody who you don’t like who is a plaintiff in a patent case.

Nathan Myhrvold — former CTO of Microsoft, current CEO of Intellectual Ventures Management, and co-author of Modernist Cuisine: The Art and Science of Cooking (affiliate link), a six-volume, 2,438-page cookbook — speaking on Capitol Hill yesterday about patent reform. Myhrvold’s critics claim that Intellectual Ventures Management is one of the biggest patent trolls around.

* Congrats to @FenwickWest on landing the big Twitter IPO! #yaylegalfees [American Lawyer]

* The Deal Professor, Steven Davidoff, surveys the legal landscape around the Twitter filing, focusing on the #JOBSAct. [DealBook / New York Times]

* Jamie McCourt, a former family law attorney, strikes out in trying to set aside her divorce settlement with Frank McCourt, former owner of the Los Angeles Dodgers. She’s stuck with $131 million and several luxury homes. #richpeopleproblems [National Law Journal (sub. req.)]

* An inquest reveals that a Hogan Lovells partner who took his own life had warned a colleague that he was going to kill himself the day before his death. [Daily Mail via ABA Journal]

* Good news for the news business: the Senate Judiciary Committee approves a federal media-shield bill. [Washington Wire / Wall Street Journal]

* Nathan Myhrvold, the CEO of a patent holding company, warns that anti-patent-troll sentiment could have unforeseen consequences. [Corporate Counsel]

* Praise in the WSJ for Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), the new book by Professor Josh Blackman (who recently wrote a guest post for us on Supreme Court beauty contests). [Wall Street Journal (sub. req.)]

* Congrats to George Mason Law on its two high-profile hires: D.C. Circuit Judge Douglas Ginsburg and Covington antitrust partner Damien Geradin. [The BLT: The Blog of Legal Times]

* If you’re in New York this weekend, go see Arguendo. Or buy tickets for the 7 p.m. performance on September 22, when I’ll be doing a talkback with artistic director John Collins after the show. Enter the discount code “ABOVE” for $35 tickets (a special rate for ATL readers). [Public Theater]

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