Attorneys Fees

  • ediscovery

    eDiscovery, Technology

    Refuse to Provide Electronically Stored Information in Response to a Subpoena? You Could Face Sanctions

    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.

    / Oct 21, 2014 at 3:35 PM
  • Yelp-Reviews

    Federal Government, Technology

    California’s “Yelp” Bill Becomes Law

    In this age social media justice, sooner or later you’re going to have an encounter with a negative online review, whether your a business owner, or simply a consumer. It seems like it’s becoming an accepted aspect of our lives. Increasingly, however, consumer reviews posted on various Internet sites are becoming the subject of litigation.

    / Sep 19, 2014 at 3:22 PM
  • catching hundreds of dollars

    Christopher Christie, Death Penalty, Divorce Train Wrecks, Eric Holder, Law Schools, Morning Docket, New Jersey, Pets, State Judges

    Morning Docket: 01.30.14

    * Attorney General Eric Holder has until tomorrow to decide whether the government will seek the death penalty in the case against Dzhokhar Tsaernaev. Screw his fan clubs, he deserves it. [Associated Press]

    * “Those who know me know I don’t like to lose.” Good thing he didn’t. Leo Strine was unanimously confirmed as Chief Justice of Delaware’s Supreme Court. We can’t wait to see what he’ll bring to his new bench. [Reuters]

    * “[N]ominal relief does not necessarily a nominal victory make.” Any day that a lawyer can secure a $1 award for his client and a $34,772 award of fees for himself is a very successful day as a lawyer. [New York Law Journal]

    * The mayor of Hoboken, New Jersey, was sued, and she’s blaming Chris Christie and his allies for the whole thing. When the governor found out, he had just finished bringing about world peace. [Star-Ledger]

    * Kansas Law will offer in-state tuition to people near Kansas City, Missouri. It must be hurting to fill its seats to make such an offer just because the city name has Kansas in it. [Kansas City Business Journal]

    * George Zimmerman’s estranged wife, Shellie, is well on her way to getting a default judgment of divorce. She may be down one dog in her life, but she still wants custody of their two pets. [Orlando Sentinel]

    0 Comments / / Jan 30, 2014 at 9:12 AM
  • angry judge LF

    Benchslaps, Biglaw, Money, Quote of the Day, Real Estate, State Judges

    Why You Don’t Want A Biglaw Firm To Handle Your Little Landlord-Tenant Case

    Next time your relatives ask for help with a landlord/tenant matter, ask them if they’re willing to pay you six figures for your assistance.

    17 Comments / / Jan 22, 2014 at 2:37 PM
  • stack of money

    Antitrust, BAR/BRI, BP, Copyright, Family Law, Intellectual Property, Kids, Law Schools, Lunacy, Morning Docket, New Jersey, Rankings, SCOTUS, State Judges, State Judges Are Clowns, Supreme Court

    Morning Docket: 08.14.13

    * Victoria Espinel, chief IP counsel to the White House (better known as the “copyright czar”), has stepped down. A tech or trade company will snap her up in 3… 2… [Corporate Counsel]

    * Child custody train wreck alert: Baby Veronica of SCOTUS fame was in the news after her father was arrested for refusing to return his child to her adoptive parents. [ABC News]

    * Rather than watching people pump gas, BP is watching people pump out lawsuits against the company at a rather alarming rate as a result of its 2010 oil spill. [Businessweek]

    * Cynthia Brim, the Illinois judge who was reelected despite the fact that she was legally insane, finally had a complaint filed against her by the state’s judicial board for being just a little bit too kooky for court. [Chicago Tribune]

    * Your degree might not be worth a million dollars, but if you went to one of these schools, you probably got a good bank for your buck. We’ll have more on this later. [The Short List / U.S. News & World Report]

    * The fight over attorneys’ fees in the antitrust lawsuits filed against BARBRI continues rage on, and class members still haven’t received a penny — which is all they’d really get, anyway. [National Law Journal]

    * Congratulations to Newark Mayor and Yale Law alumnus Cory Booker! Last night, he handily won the New Jersey Democratic primary election for the late U.S. Senator Frank Lautenberg’s seat. [CBS News]

    8 Comments / / Aug 14, 2013 at 9:06 AM
  • buying in small

    Biglaw, Billable Hours, In-House Counsel, Money, Partner Issues

    Buying In: Suicide Pricing

    Desperation breeds heavy discounting. How bad has it gotten?

    29 Comments / / Apr 16, 2013 at 10:12 AM
  • shocked bill RF

    Billable Hours, Citigroup, Contract Attorneys, Money, Quote of the Day, Ted Frank

    Billing That Much For Contract Attorneys Isn’t ‘Unusual’ or ‘Untoward,’ It’s Obscene

    You will not believe the markup on the billable rates for contract attorneys these days.

    12 Comments / / Apr 15, 2013 at 4:05 PM
  • My personal favorite: Peepemptory Challenges.

    2nd Circuit, Billable Hours, Blog Wars, Blogging, Books, Citigroup, Holidays and Seasons, Judge of the Day, Law Schools, Non-Sequiturs, Securities Law, Sex, Sex Scandals, State Judges, State Judges Are Clowns, Wall Street

    Non-Sequiturs: 03.29.13

    * To those of you who celebrate it, Happy Easter! Welcome the holiday by voting in the ABA Journal’s fifth annual “Peeps in Law” contest. [ABA Journal]

    * If law firm brackets aren’t your thing, check out Professor Kyle Graham’s brackets for (1) law school classes and (2) law blogs. I’m thankful for ATL’s #1 seed but terrified by who we’re up against (because they’ve ripped me a new one before). [noncuratlex]

    * Sorry, Judge Steiner, you wuz robbed; you should have been our Judge of the Day. It’s tough to top “allegations of a sexual quid pro quo with a female lawyer and the eye-opening confiscation of carpet from [chambers] for forensic analysis.” [OC Weekly]

    William Shatner

    * “William Shatner’s Seductive Powers Don’t Create a Fiduciary Duty.” Robyn Hagan Cain explains why. [U.S. Second Circuit / FindLaw]

    * Citi settles securities cases for $730 million. Matt Levine is not impressed. [Dealbreaker]

    * And Ted Frank is incensed by Bernstein Litowitz’s nine-figure fee request. [Point of Law]

    * If you’re already depressed by public ignorance about the Supreme Court, don’t look at the responses to question 9 of this opinion poll. [Penn Schoen Berland]

    * Steven Harper — author of a new (and very good) book about the legal profession, The Lawyer Bubble (affiliate link) — offers thoughts on the billable hour in the wake of the DLA Piper overbilling allegations. [New York Times]

    7 Comments / / Mar 29, 2013 at 5:39 PM
  • Adoption, B for Beauty, Depositions, Hair, Law Schools, Morning Docket, Ted Frank

    Morning Docket: 03.29.13

    * The latest update on the law school litigation front represents good news for New York Law School. [National Law Journal]

    * Should summarizing a one-day deposition transcript really cost $90,000? Even DLA Piper might blush at such a bill. [Point of Law]

    * Ropes & Gray isn’t backing down in the discrimination lawsuit brought by former partner Patricia Martone. (We’ll have more on this later.) [Am Law Daily]

    * No, silly polo mogul, you can’t adopt your 42-year-old girlfriend to shield your fortune from litigation. [ABA Journal]

    * Replacing “barbers” with “beauty culturists”? This is Indiana and not California, right? [WSJ Law Blog]

    13 Comments / / Mar 29, 2013 at 9:33 AM
  • House-Rules-small-In-House-Counsel RF

    Abortion, Billable Hours, Gay Marriage, In-House Counsel, Politics, Practice Pointers, SCOTUS, Supreme Court

    House Rules The Rates Are Too Damned High! (Part Two)

    David Mowry examines the ACC’s new initiative to protect companies from excessive billing.

    16 Comments / / Mar 27, 2013 at 3:16 PM
  • DSK wants to know: since when is having a libido a crime?

    1st Circuit, Arlen Specter, Biglaw, Civil Rights, Deaths, Law Professors, Law Schools, Morning Docket, Politics, Running, SCOTUS, Sex, Sex Scandals, Sports, Supreme Court

    Morning Docket: 10.15.12

    * What effect will the Supreme Court’s ruling in Miller v. Alabama, regarding life sentences without the possibility of parole for juvenile offenders, have in the real world? [New York Times]

    * Some good news on attorneys fees for civil rights lawyers. [WSJ Law Blog]

    * Speaking of fees, which firms are raking them in as emerging market companies starting emerging onto the M&A scene? [American Lawyer]

    * You’ve got to fight… for your right… to teach legal writing at the University of Iowa. At least if you’re a conservative. That’s the allegation by an aspiring academic, Teresa Wagner, that hits a courtroom this week. [Houston Chronicle]

    * Former IMF head Dominique Strauss-Kahn wants to know: is enjoying the occasional orgy such a crime? [Gothamist]

    * Career alternatives: Mary Wittenberg — chief executive of New York Road Runners, which puts on the New York Marathon — is a Notre Dame law grad and former Hunton & Williams lawyer. [New York Times]

    * Former Senator Arlen Specter, an active participant in historic Supreme Court nomination battles, RIP. [Philadelphia Daily News]

    9 Comments / / Oct 15, 2012 at 9:37 AM
  • Dewey LeBoeuf logo large

    Bankruptcy, Biglaw, Billable Hours, Dewey & LeBoeuf, Dissolution, JPMorgan Chase, Money, Partner Issues, S.D.N.Y., Vicious Infighting

    Dewey Have Some Pretty Expensive Bankruptcy Advisers? How Much Do They Charge?

    How much are Dewey’s bankruptcy lawyers and other advisers charging? And what else is going on in this epic law firm bankruptcy?

    10 Comments / / Jun 19, 2012 at 6:32 PM
  • unemployed-law-grad

    10th Circuit, Free Speech, Google / Search Engines, Job Searches, Law School Deans, Law Schools, Morning Docket, Patents, Richard Posner, SCOTUS, Southern New England School of Law/Umass, Supreme Court, Technology, Unemployment, Wall Street

    Morning Docket: 06.08.12

    * Only 44% of Americans approve of how the Supreme Court is doing its job, but that’s probably because the other 56% wouldn’t know what the Supreme Court was unless the justices were contestants on a reality show. [New York Times]

    * Having nothing to do with the outcome of this Tenth Circuit appeal, apparently a juror in the underlying case had no idea when the First Amendment was adopted. As Bush II would say, is our children learning? [U.S. Tenth Circuit / FindLaw]

    * Who’s going to win the “Super Bowl” of Android patent trials? Nobody. Judge Richard Posner has issued a “tentative” order which noted that both sides of the Apple/Google case ought to be dismissed. [Reuters]

    * You should’ve “known better”: in case we didn’t make it abundantly clear when we spoke about NALP’s data for the class of 2011, the job market for new law grads is being classified as “brutal.” [National Law Journal]

    * U. Chicago Law revolutionized the field of law and economics, but much to their school’s, everyone else copied them. Now they’re thinking up new ways to do the same things. Gunners gotta gun. [Businessweek]

    * Say hello to Mary Lu Bilek, the woman who’s been appointed as the new dean of UMass Law. Hopefully she’s not keen on using school credit cards for personal spending like the last dean. [Wall Street Journal]

    * Occupy Wall Street protesters can’t sue NYC, its mayor, or its police commissioner, but they can sue the police. And with that news, “F**k tha Police” was sung in drum circles across the tri-state area. [Bloomberg]

    1 Comment / / Jun 8, 2012 at 9:05 AM
  • Just blaze... until July.

    Disability Law, Drugs, Federal Government, John Edwards, Law Schools, Money, Morning Docket, Politics, Trials

    Morning Docket: 04.17.12

    * Say sayonara to the Buffett Rule. Senate Republicans were successful in blocking the 30% tax on millionaires proposed by Democrats. And thank God, because that trickle down thing is totally working for us right now. [Wall Street Journal]

    * Rich lawyers keep getting richer because they keep increasing their fees. That being said, where the hell are the bonuses? Come on now, SullCrom, are you seriously going to make us all wait until June? That’s really not very nice. [Thomson Reuters News & Insight]

    * Well, that was quick: one minute men abound in the George Zimmerman circus. Mark O’Mara filed a motion to get Judge Recksiedler off the case, and the media filed a motion to get access to sealed records. [CNN]

    * A federal judge presiding over the John Edwards campaign finance trial dismissed 47 potential jurors. Dude gets around, because apparently he had slept with all of them. Nah, he wishes, though. [Bloomberg]

    * As a law school, it sure is easy to claim that just under 100% of the class of 2010 was employed nine months after graduation, especially when you were the one employing them. [National Law Journal]

    * Seems like the New York Times has finally caught on to the ADA troll trend. Lawyers are recruiting clients to file suits against noncompliant businesses, but at least the disabled reap the rewards. [New York Times]

    * Prospective welfare recipients in Georgia have a few more months to blaze before they’ll have to pass a drug test to receive benefits. Smoke two joints before you prepare for all the incoming lawsuits. [Washington Post]

    7 Comments / / Apr 17, 2012 at 9:06 AM
  • Tom Wallerstein

    Boutique Law Firms, Litigators, Money, Small Law Firms

    From Biglaw to Boutique: Leaving Stones Unturned

    Winning is never free, and winning without regard to cost is not really winning. One of the most difficult aspects faced by smaller firms handling smaller matters is deciding which stones to leave unturned.

    26 Comments / / Apr 12, 2012 at 3:40 PM
  • Tom Wallerstein

    Boutique Law Firms, Legal Research, Money, Small Law Firms

    From Biglaw to Boutique: A Moment of Truth

    The changing market invites, if not demands, lawyers to offer concessions for clients. Happily, many of the concessions have relatively little impact on the firm’s bottom line, but can garner significant goodwill with clients. For example….

    35 Comments / / Mar 15, 2012 at 3:10 PM
  • Brian-Tannebaum

    Billable Hours, Money, Small Law Firms

    The Practice: Setting, Earning, and Keeping Fees in Small Law Firms

    How should lawyers at small law firms go about setting, earning, and keeping their fees?

    45 Comments / / Mar 5, 2012 at 3:15 PM
  • Brett Kavanaugh, Conferences / Symposia, Federalist Society, Litigators, Money, Plaintiffs Firms, Ted Frank

    Attorneys Fees in Class Actions: Too Low, Too High, or Just Right?

    Plaintiffs’ lawyers in class action cases: are they heroes, or villains? Do they make too much in fees, leaving the classes they represent high and dry? Or could it be argued that they make too little for the work that they do? Let’s discuss….

    40 Comments / / Nov 16, 2011 at 3:19 PM

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