The California Court of Appeal recently provided rare guidance regarding a third party’s obligations to produce electronically stored information (ESI) in response to a subpoena. In Vasquez v. California School of Culinary Arts, Inc. (Sallie Mae) (August 27, 2014, B250600) Cal.App.4th (2014 WL 4793703), the court defined subpoenaed parties’ obligations to extract existing data from computer systems and upheld an award of attorneys’ fees against the recalcitrant third party. The court concluded that it is unreasonable for a third party to withhold ESI that exists in its computer systems on the basis that outputting the ESI entails creating a “new” spreadsheet.
Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face SanctionsBy W. George Wailes
Appellate practices are great.
For lawyers who enjoy thinking and writing, but don’t have much taste for the hand-to-hand combat of discovery, appellate practices are pure joy. Appellate advocates bask in the intelligence and majesty of the law, without having to do daily battle with psychopaths.
For big firms, appellate practices are the crown jewels of the litigation side of the shop: “We’ve argued cases in the Supreme Court!” “We participated (either on the merits or as amici) in ten percent of the Supreme Court’s docket last year!” Shout it to the heavens! What’s the implicit message?
“We’re doing these cases for free!”
Oh, Herrmann, you’re such a cynic. Surely the implicit message is: “We’re God’s gift to advocacy!”
It’s a marketer’s dream.
But one leading appellate lawyer recently told me that the Great Recession has hurt his practice in ways you wouldn’t expect. And I’m here to tell you that, although appellate practices done right can help a firm, appellate practices done wrong are dangerous things . . . .
- 8th Circuit, Death Penalty, Deaths, Federal Judges, Quote of the Day, SCOTUS, Sentencing Law, Supreme Court
In my near 14 years on the bench, this is the first time I can recall this happening.
– Judge Kermit Bye of the Eighth Circuit, in a scathing dissent issued after Missouri executed a death row inmate before the court could finish reviewing his request for a stay. On Wednesday, Missouri executed another death row inmate, this time before the Supreme Court ruled on his request for a stay. The state has executed three inmates in as many months, all while appeals were still pending.
Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Sunny Choi interviews a judicial clerkship veteran with some helpful advice for aspiring clerks.
It’s open season for clerkships and you’ve probably already been inundated with resources from your law school’s career office. Sure, those are the “official” resources, but don’t you want to know what it’s really like to go through the clerkship application process? This month, I probed the brain of a judicial clerkship veteran to give you the inside scoop.
1. Do you have any interview tips particular to interviewing for a clerkship?
The case of Amanda Konx — nicknamed “Foxy Knoxy” by tabloid editors unwilling to let an attractive woman in the news live without a childish play on words — is back in Italian court, for what Knox hopes is the last time.
Knox, the American college student charged with killing another student while studying abroad in Italy, spent four years in jail before her murder conviction was overturned, but she deserved that jail time just for being a student at the University of Washington. Huck the Fuskies.
Now her case is back in Italian court…
- 9th Circuit, Alex Kozinski, Benchslaps, Crime, Death Penalty, Deaths, Federal Judges, Murder, Police, Videos
Perhaps this should be “benchslap of a few days ago,” since it happened last week. But it’s never too late to read about Chief Judge Alex Kozinski, right?
This latest benchslap involves the Ninth Circuit setting aside a murder conviction. So you might expect the benchslap to be coming from a unanimous Supreme Court in a summary reversal.
But no. The benchslap — actually, make that benchslaps, plural — come from the Ninth Circuit. On the receiving end: the police, prosecutors, a state judge, and a federal judge. Names are named.
And I wouldn’t hold my breath while waiting for SCOTUS to reverse. This decision looks pretty safe….
- 2nd Circuit, Barrington Parker, Biglaw, David Boies, Federal Judges, Hedge Funds / Private Equity, Litigators, Money, Partner Issues, Ted Olson, Wall Street
After covering the Dewey & LeBoeuf bankruptcy hearing on Wednesday morning, I walked a few blocks uptown to the Second Circuit for another exciting event: oral argument in the closely watched Argentina bondholder litigation. It was a Biglaw battle royal, pitting Ted Olson, the former solicitor general and current Gibson Dunn partner, against a tag team of top lawyers that included David Boies, Olson’s adversary in Bush v. Gore (and ally in Hollingsworth v. Perry).
Here’s my account of the proceedings, including photos….
Flash back to 2005. Tom DeLay was the Majority Leader in the U.S. House of Representatives, living in a safe Republican district, and poised to chart the course of American politics forever. DeLay was nicknamed “The Hammer” for his brutal efficiency as Majority whip, crushing all dissent from backbenchers and building a solid GOP coalition — a nickname that the fundamentalist DeLay endorses because “the hammer is one of the carpenter’s favorite tools.” In other words, Tom DeLay was a tool.
So what happened?
- 5th Circuit, American Bar Association / ABA, Biglaw, Chadbourne & Parke, Department of Justice, Dewey & LeBoeuf, Election 2012, Election Law, Football, Legal Ethics, LSAT, Morning Docket, Real Estate, Texas
* It seems that the good people at Chadbourne & Parke won’t wind up homeless after all — or maybe they will. The firm is taking over Dewey’s old digs at 1301 Avenue of the Americas. How ominous! [Reuters]
* The Fifth Circuit gave Texas a stay on a decision that blocked enforcement of the state’s third-party voter registration law. Well, on the bright side, at least the Lone Star state isn’t getting its ass completely kicked in the courts this election season. [Bloomberg]
* While Jerry Sandusky awaits his sentencing on 45 counts of child sexual abuse, his attorney Joe Amendola is contemplating grounds for an appeal. Seriously? It seems to be time for yet another 1-800-REALITY check, my friend. [Centre Daily Times]
* Remember the Texas family law judge who got caught beating his daughter in a viral video? An ethics panel issued him a “public warning” as punishment — he didn’t even get a reprimand. Sigh. [Houston Chronicle]
* The DOJ has asked for permission to intervene in a class-action suit against LSAC that alleges an epic fail on organization’s part when it comes to accommodating LSAT exam takers with disabilities. [WSJ Law Blog]
* Bucky Askew, a former adviser to the ABA Section of Legal Education and Admissions to the Bar, has moved on to bigger and better things. He’s now a trustee of the National Conference of Bar Examiners. [ABA Journal]
- 7th Circuit, Benchslaps, Federal Judges, Frank Easterbrook, Practice Pointers, R. Ted Cruz, Screw-Ups
Aficionados of appellate law are familiar with the Seventh Circuit’s reputation for procedural punctiliousness. The court has a track record of benchslapping lawyers who fail to follow rules, lawyers who seek to deviate from rules without justification, lawyers who engage in substandard advocacy, and lawyers who are “menace[s]” to their clients.
Lately the Seventh Circuit has been laying down its pimp hand. Last Friday, for example, Chief Judge Frank Easterbrook declared one Bridget Boyle-Saxton, who allegedly blew deadlines and ignored multiple orders to show cause, “unfit to practice law in this court.” Ouch.
Now, snobs might think, “Sure, Boyle-Saxton might be a well-known Milwaukee lawyer — but she works at a small law firm, apparently with two relatives of hers. What can you expect from such an outfit? This is why people hire the large white-shoe law firms. You pay through the nose, but you expect (and receive) perfection.”
If that’s your attitude, think again. Biglaw just got a big benchslap — from none other than Chief Judge Easterbrook.
Which firm incurred His Honor’s wrath, and for what alleged infraction?