At the Legal Technology Leadership Summit opening reception on Tuesday, I struck up a conversation with a friendly young lawyer. He won immediate social coolness points for several reasons: He has a beard. He’s from the East Bay, like me. He runs a solo practice, and he had some good stories about lawyers following unique, non-lawyerly paths (which we might mention in future posts).
Needless to say, I was surprised to walk into Thursday’s keynote discussion, “Qualcomm Revisited: When Lawyers Face Discovery Sanctions,” and discover that this attorney was actually the youngest member of the Qualcomm Six.
Adam Bier was still a self-described “baby lawyer” when he was wrongfully sanctioned in the landmark 2008 Qualcomme-discovery case. Kashmir Hill interviewed him early last year, when the appealed sanctions were finally vacated, more than two years after they were first imposed. Bier shared his story with conference attendees, joined onstage by U.S. Magistrate Judge David Waxse and Frank Cialone of Shartsis Friese, who defended several of the outside counsel in Qualcomm.
After the jump, learn the details of Bier’s nightmare experience. Can you imagine yourself in his shoes?
In 2008, we made the “Qualcomm Six” our lawyers of the day. The six were outside counsel for the technology company in a patent dispute with Broadcom and got caught up in an electronic discovery scandal – tens of thousands of documents were not turned over in the case. The six attorneys were sanctioned by Magistrate Judge Barbara Major for “intentionally hiding or recklessly ignoring relevant documents, ignoring or rejecting numerous warning signs that Qualcomm’s document search was inadequate, and blindly accepting Qualcomm’s unsupported assurances that its document search was adequate.”
But upon further scrutiny, the sanctions against the five lawyers from Day Casebeer and one from Heller Ehrman were lifted. When attorney-client privilege was waived so that they could speak in their own defense, it became clear that Qualcomm employees had stonewalled the lawyers. From the ABA Journal:
In her ruling lifting sanctions, Major noted an “incredible lack of candor” by Qualcomm employees and said there was no bad faith by the lawyers.
So yay! No sanctions! But what of the over two years that these lawyers have had this hanging over their heads? As I’m sure many of you recall, the beginning of 2008 was when the legal industry began to self-implode. Day Casebeer merged with Howrey. Heller Ehrman really self-imploded.
All the while, these six lawyers have been in sanction limbo. The four partners involved had more to fall back on. Day Casebeer partner James Batchelder jumped on the Howrey bandwagon. Heller Ehrman’s Stanley Young wound up at Covington. Casebeer’s Christian Mammen and Lee Patch went off on their own.
But what if you’re a junior associate caught up in this mess? In early 2008, no less. Adam Bier (NYU Law ’04) had joined Casebeer in 2005 after clerking. He was part of a large team of junior associates staffed on the Qualcomm case. Though he wasn’t involved in the initial discovery, he did help stumble upon the mass o’ undisclosed documents while preparing witnesses for trial, and thus had the distinction of being involved in the sanctions.
If you were job searching in 2008, you know it was tough. Imagine if you had the added disadvantage of a hugely publicized discovery scandal and sanctions on your resumé. We caught up with him yesterday about how he made it through the wilderness, and eventually started his own firm…
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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