This morning saw significant activity at the U.S. Supreme Court. Although we did not get a ruling in the health care reform case (aka Obamacare), SCOTUS did hand down a number of important opinions. Check back later today, when we expect to have color commentary from our Supreme Court correspondent, Matt Kaiser, who attended the proceedings in person.
In the meantime, here’s a quick and dirty summary of what transpired at One First Street this morning, including links to the underlying opinions. The most high-profile case was the Court’s decision on the controversial Arizona immigration law, but there were other major cases that were resolved today as well….
Judge Martini could probably use a drink right now.
Last Friday, the U.S. Court of Appeals for the Third Circuit delivered two stinging benchslaps of Judge William J. Martini (D.N.J.). The benchslaps were delivered in two different cases by two separate three-judge panels, but both opinions vacated rulings by Judge Martini and also directed that the cases be reassigned to new judges on remand.
Ouch. As noted by the Newark Star-Ledger, “[i]t amounted to an extremely rare and harsh rebuke of a well-known federal judge who once served in Congress.” (Before he was appointed to the federal bench by President George W. Bush in 2002, Bill Martini served a single term in the U.S. House of Representatives; he ran for re-election but was defeated.)
What did Judge Martini allegedly do to incur the wrath of the Third Circuit? And what did the opinions have to say about His Honor?
Whenever there’s a big story, GT is there. In the past month, it has appeared in these pages as the possible savior of Dewey, the actual savior of Dewey’s Poland operations, and the victim of some alleged rudeness by a divorce lawyer in Texas.
And, of course, Greenberg Traurig has found itself at the center of the TD Bank controversy. Late last week, Judge Marcia Cooke held a contempt hearing, to decide whether Greenberg should be sanctioned due to a discovery debacle.
The hearing spanned two days and featured some high-powered witnesses. What happened?
Respondent brandishes his opinion as a battering ram, intentionally offending people. This Panel does not believe these are “slips of the tongue” or inadvertant. Respondent is intentional in his conduct and bull whips people by his words with a zeal. While in private life he may be as rude, offensive and demeaning as he chooses, in his professional life he may not hide behind his First Amendment rights to ignore his sworn responsibilities.
Female attorneys must be on the same cycle in Illinois, because based on all of the ethics complaints that have come down the pipeline, they’ve been acting a little crazy.
Today’s tale of alleged attorney misconduct comes to us as a result of a former public defender’s behavior in court. It’s nowhere near as juicy as the allegations against Reema Bajaj or Tamara Tanzillo, but it’s certainly a cautionary tale for lawyers everywhere who get a little hot-headed when they’re arguing before the bench.
Before you can say “oh sh*t,” let’s get down to the allegations….
Federal judges don’t take kindly to misstatements by counsel appearing before them. And when the judge is unhappy, the client is unhappy. And when the client is unhappy, outside counsel gets cashiered. It’s not a pretty process.
Let’s travel down to south Florida, where an allegedly incorrect statement by a partner at Greenberg Traurig has incurred the wrath of a federal judge — apparently resulting in the client replacing the firm, and the firm parting ways with the partner.
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….
Majority opinions are hardly sitting ducks for the criticism dissentals may heap on them. If a panel majority finds that a dissental scores some valid points, it can modify its opinion to eliminate the problem, something that happens regularly in the Ninth Circuit. Indeed, fear that internal criticisms will be taken public often causes judges to moderate outlier opinions so as to present a smaller target for public criticism and possible certiorari. One of us (yes, the hot one) is even aware of a case where the panel withdrew its opinion and reversed the result, after winning the en banc vote, in the teeth of a stinging dissental.
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 protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…