Apple

Morning Docket: 05.16.12

* When Dewey tell the world that we’re dead, but not yet buried? The firm filed a notice with the New York State Department of Labor listing its closing date as yesterday. And what’s their reason for doing so? “Economic.” [Am Law Daily (sub. req.)]

* Dewey have anyone left in the Office of the Chairman? Apparently not: Charles Landgraf has moved on to greener pastures. There is no longer a captain at the wheel of the S.S. Dewey. [The Hill]

* “The continuing loss of revenue-generating partners and Dewey’s debt load has culminated in the imminent demise of Dewey.” Damn, the PBGC certainly doesn’t mince words. Meet the firm’s latest lawsuit. [Reuters]

* A judge reinstated Le-Nature’s $500M case against K&L Gates for failure to detect fraud. Hope the firm has a half-billion lying around — they haven’t been doing too well with the whole honesty thing lately. [Businessweek]

* You stay classy, DSK! Your aggravated pimp hand is strong! Dominique Strauss-Kahn filed a $1M countersuit against Nafissatou Diallo because she “ruined his life, personally and professionally.” [Wall Street Journal]

* Conspiring to price fix? There’s an app for that! A federal judge denied Apple’s and several book publishers’ motions to dismiss a consumer class-action lawsuit about e-book pricing. [Media Decoder / New York Times]

* Like FernGully in reverse? A judge refused to dismiss Chevron’s racketeering and fraud lawsuit against New York attorney Steven Donziger for his work done in Ecuador. [New York Law Journal]

* Thomas Jefferson Law will be the site of the next solo incubator. This is a great way to keep your grads from suing you (not to mention a great way to increase your employed-at-nine-months rate). [National Law Journal]

Matthew Powers: 'pimp hands' don't knot neckties.

The renowned IP litigator Matthew Powers, founding partner of Tensegrity Law Group, has a nickname here at Above the Law. We like to call him Matt “Pimp Hand” Powers. Back in 2008, a paralegal at Weil Gotshal alleged in a lawsuit that Powers, former cochair of litigation at Weil, ruled over his domain by alternating between use of the “pimp hand” and the “mojo hand.” The “pimp hand” was used to intimidate and coerce, while the “mojo hand” was used to stroke and cajole.

Over the years, numerous litigants have felt the sting of Powers’s pimp hand. He has been described, quite accurately, as “one of the most feared, respected, and successful patent litigators in the country.” As noted on his website bio, Matt Powers “is known for taking tough cases to trial and winning them,” on behalf of leading technology companies like Apple, Oracle, Microsoft, and Intel.

But now the tables have turned. Powers recently found himself on the receiving end of a benchslap — from a lowly administrative law judge, ick….

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'Hahaha, and then I said that I didn't know they were prostitutes.'

* Was the Obamacare case brought prematurely? Did the Supreme Court’s judicial intervention come too soon? Yesterday’s arguments before SCOTUS can be summed up in four simple words: “That’s what she said.” [New York Times]

* Howrey going to get out of this one? The defunct firm’s bankruptcy trustee, Allan Diamond, is trying to decide whether he’ll be bringing adversary claims against the dissolution committee and its members. [Am Law Daily]

* U.S. News is doing what the American Bar Association refuses to do: make law schools its b*tch. Listen up, administrators, because your next “reporting error” could cost you your ranking. [National Law Journal]

* Armed with a treasure trove of new evidence, Facebook has moved to dismiss Paul Ceglia’s lawsuit. What does his lawyer from Milberg have to say? A hacker planted all of the evidence, duh. [Wall Street Journal]

* Apparently Dominique Strauss-Kahn’s got hos in different area codes. He’s been keeping his pimp hand strong — so strong, that he’s been charged with aggravated procurement of prostitutes. [Bloomberg]

* Broke your nose trying to walk through a glass wall at the Apple store and now you’re suing for $1M? That’s an app for that! It’s called common sense, and for a limited time only, it’s being offered free of charge. [Forbes]

Non-Sequiturs: 02.13.12

* Looks like Obama has reached a compromise position on birth control. It’s not right, but it’s okay. [WSJ Law Blog]

* Apple gets so emotional baby, every time it thinks of Samsung. [eWeek]

* Greece begrudgingly signed austerity legislation while lamenting, “Didn’t we almost have it all.” [What About Clients]

* The Bearcat would be a patrol car that had the stuff that you want, and the thing that you need. It would have more than enough to make the 4th Amendment drop to its knees. It’d be the Queen of the night, oh yeah. [Simple Justice]

* It’s almost time for the National Animal Law Competitions. How will I know if this is really happening? I say a prayer that one of these guys gets paid. [Animal Legal Defense Fund]

* Now that Super PACs are back on the table, a cabinet secretary could be your baby tonight, for a million dollars or so. [Election Law Blog]

* For some reason, the Columbia Law School twitter feed retweeted this article about the five leadership mistakes of the Emperor in Star Wars. I don’t know why? Are they saying that Dean David Schizer is like Emperor Palpatine? I don’t get it, I have nothing. [Forbes]

* R.I.P. Whitney Houston, lady with a voice that could put soul into a country song…

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Even attorneys are signing up.

Since time immemorial (or at least since the advent of computers), PCs have ruled the law office technology world. As iPhones and iPads have become more popular, Apple products have begun encroaching on the PC’s long-standing dominance of the workplace.

But who would’ve thought that Apple would actually be taking over, even in the technophobic realm of law?

A new legal survey shows just how much attorneys love their Macs. Let’s look at the results, and maybe find some gift ideas for the holidays….

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Here at Above the Law, we regularly cover benchslaps: judges laying the smackdown on poorly performing attorneys. But what about when it’s the judge who says, “I’ve made a tiny huge mistake”?

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….

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Steve Jobs passed away yesterday. And millions of people across the planet learned of the news on devices he invented.

You’ve probably already heard the details. The 56-year-old chairman and co-founder of Apple had been fighting pancreatic cancer since 2004. He ran one of the most successful companies in the world, a company he founded in a suburban garage. He invented the iPod, the iPhone, and the iPad; at one point he owned Pixar; and he personally had more than 300 patents to his name, according to The Atlantic.

I am having a hard time thinking of any other human in recent memory who has so widely, tangibly, and positively changed the face of the world.

As Alexis Madrigal wrote, it’s strange to mourn the head of an international corporation as we would a beloved actor, musician, or head of state. But we can’t help it….

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Like many of you on the East Coast, I’ve been spending my Sunday without power, thanks to Hurricane Irene. As I write this Sunday night, we’re in our eighth hour without electricity. Thankfully, other than losing some small branches and a bunch of leaves, we fared pretty well in what was left of the tropical storm. And the Red Sox swept their storm-related Saturday doubleheader, so there’s that.

But without electricity, I’m writing this post by candlelight and quill pen. OK, not really. Candlelight and iPad. But consider that I’m sacrificing one of my ten hours of iPad juice for this instead of beating my kids at Cut the Rope, or whatever. I know: you can thank me later.

Actually, losing power got me thinking about just how much I rely on electricity and computers and iPads and iPhones, and also how much that reliance has increased since I started law school, 20 years ago this week. And over the years, I came to appreciate just how much technology has allowed small firms to compete with our Biglaw colleagues.

What are the five biggest ways that technology has empowered (if you will) small firms?

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Are you oversharing?

It’s strange how quickly the world changes. Things used to be so simple, but now Steve Jobs has resigned from Apple and we’re having earthquakes in Washington, D.C.

Moreover, some fundamental rules of online conduct are beginning to look like artifacts from a bygone era when people were crazy for RAZRs and nu metal.

Gone are the days of not Facebook friending coworkers. Online oversharing on social networking sites has simply become sharing. And workplaces have to adjust their rules and policies accordingly.

A National Labor Relations Board report released last week attempts to explain the changing legal standards for social media usage in the workplace. Written by the NLRB’s general counsel, Lafe E. Solomon, the document provides several case studies to illuminate how much smack-talking employees can do online while remaining legally protected.

In short, it’s a lot. Still, not quite everything is different. Calling your boss a “super mega puta” will still land you in the chokey. More on this and some of the other case studies, after the jump….

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Yesterday was the last day of July, and baseball fans know that this day is important because it’s the trade deadline. (Seamheads and baseball lawyers understand that it’s actually only the nonwaiver-trade deadline, but why take the fun out of it?) So I spent some time this weekend following the interwebs to see whether the Red Sox would do anything to improve their league-leading team (and even better, thwart the Yankees from improving at the same time).

At one point, there were reports that the Red Sox had traded for A’s pitcher Rich Harden. But the Sox scuttled the deal once they learned that the oft-injured Harden had a hospital bracelet tattooed on his arm to save time. (They ended up acquiring left-handed pitcher Erik Bedard, who is injured slightly less often than Harden.)

But as I was watching the annual trade-deadline special on the New England Sports Network after Sunday’s game (apparently, I have no life), I saw a laptop commercial that only a law firm could appreciate.

Whose ad it was and why it made me think of the sorry state of law-firm marketing, after the jump.…

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