[T]his Court is compelled to find that the Government team allowed a key FBI agent to testify untruthfully before the grand jury, inserted material falsehoods into affidavits submitted to magistrate judges in support of applications for search warrants and seizure warrants, improperly reviewed e-mail communications between one Defendant and her lawyer, recklessly failed to comply with its discovery obligations, posed questions to certain witnesses in violation of the Court’s rulings, engaged in questionable behavior during closing argument and even made misrepresentations to the Court.
– Judge A. Howard Matz of the Central District of California, benchslapping federal prosecutors — and vacating the convictions, and dismissing the indictment — in a high-profile Foreign Corrupt Practices Act prosecution. (Gavel bang: Daniel Fisher.)
(Additional links and information about this case — if you do FCPA or white-collar criminal work, this may be of interest to you — after the jump.)
On Friday, U.S. District Judge Lucy Koh made a significant technological blunder in a patent case between two of Silicon Valley’s heaviest hitters. Yet her mistake is almost quaint. It harkens back to an earlier, simpler time –– like, pre-2006. When legal technology was a bit more primitive, and, more specifically, when the legal profession was still learning to master PDF files.
So, what did she do? Let’s just say she couldn’t keep a secret….
On Thanksgiving Day, while you were enjoying your turkey (or tofurkey), we wrote about a different bird: namely, the ostrich. In a somewhat snarky opinion, Judge Richard Posner of the Seventh Circuit compared a lawyer appearing before him to an ostrich: “The ostrich is a noble animal, but not a proper model for an appellate advocate. The ‘ostrich-like tactic of pretending that potentially dispositive authority against a litigant’s contention does not exist is as unprofessional as it is pointless.’”
Ouch. Judge Posner even included a photo (above right) of a man in a suit burying his head in the sand.
What did the lawyer in question, David “Mac” McKeand of Houston, have to say for himself? And what did McKeand have to say about Judge Posner?
I mean, probably not, but when you are primarily responsible for losing millions and millions of dollars, I suppose anything is possible. And remember Jon Corzine does have a documented case of test-taking anxiety. For all we know, MF Global’s money and the New Jerseybar exams are sitting in a basement somewhere being guarded by Real Housewives who can kill you with the piercing sound of their voices.
It sounds farcical, but something is going on with the New Jersey Bar Exam. The New York results came out weeks ago. Yet we’ve heard nothing from Jersey about their bar results, which generally come out around the same time.
And now New Jersey has gone radio silent. There are no results on their website. We left voicemails with two officials at the New Jersey Board of Law Examiners this afternoon, but they have not returned our calls.
My Corzine theory might be off the wall, but others have some more credible thoughts on why there’s been a delay from the Garden State….
When a tipster sent us an e-mail with the subject, “Court awards $700,000+ in sanctions for destruction of FB page,” I thought it sounded like it might be interesting. Because hey, that’s a lot of money.
I didn’t realize it would also be one of the most depressing legal news stories I’ve read since this tragic murder-suicide.
The three-quarters-of-a-million-dollar sanction award was levied against the widower of a woman killed in a car accident and the widower’s lawyer. The ruling was an abrupt table-turn for Isaiah Lester, who had previously won a $10 million wrongful death suit against the driver whose truck overturned and killed his wife.
Nobody ever seems to believe me when I say this, but San Francisco gets chilly. It is cold most of the time. And foggy. The warmest time of year is right now, in late October. If you come to visit in July, and you stay in the city, and you will get cold.
That’s why every San Francisco tourist ever buys those cheesy sweatshirts with “San Francisco” written on them in a font that strangely resembles one of the main logos for our hugely disappointing championship-winning major-league baseball team, the Giants. Actually, it might be exactly the same logo. The baseball team is currently in a trademark dispute with the clothing company from Hayward (Oakland’s smaller, crappier neighbor to the south) over rights to the logo.
But hold on, the Giants have been using it for almost 20 years. They must have gotten the rights locked down years ago, right? Oopsies….
We enjoy giving our readers the occasional peek behind the Biglaw curtain. Last month, for example, we shared with you the internal interview manual that Sullivan & Cromwell provides to its attorneys who conduct on-campus interviews at law schools.
Today, in a similar spirit, we take an inside look at the annual review process for attorneys at Skadden Arps. We’re into the fourth quarter of 2011, so these reviews are not far away.
In this special report, we’ll provide general observations on the Skadden review process, highlight noteworthy comments from leaked attorney evaluations, and show you a few reviews in their entirety (redacted to remove lawyer and client names). This information should interest Biglaw associates who want to know what partners look for junior lawyers, and it should also appeal to partners at other firms who want ideas on how to structure annual reviews.
If you’re interested in learning more about performance reviews at one of the world’s biggest and best law firms, please keep reading….
I write about hacking and data security periodically, even though sometimes I get the feeling legal professionals try hard not to think about the subjects. But the stories in this realm bear repeating. Corporate data security is a real concern for many, many corporate attorneys, and especially in-house counsel.
Data security problems used to stem most frequently from weak firewalls or unencrypted equipment. But more and more, the biggest sources of risk and liability are just dumb or technologically overeager employees.
What kind of computer trouble are you and everyone you know getting your company or firm into? Let’s see….
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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: email@example.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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