The patent world can at times seem very small. The same firms, representing the same group of technology companies, pursuing the same strategies, both to maximize profits for their firms and to deliver results for their clients. Sure people move around, but the players in the larger sense are pretty static. Most patent cases are of limited importance to everyone but the parties involved as well. Sometimes a case has a broader scope, and becomes of interest to industry competitors or even investors. Every once in a while a patent case captures the public fancy, as Apple v. Samsung undoubtedly has, usually because of the nature of the parties involved or the ubiquity of the technology at issue. When that happens, the patent world can seem very big — global in scope, even.
Sometimes a little case can actually turn into a huge deal. When the Supreme Court gets involved, for example. Especially when the issue in the case has far-reaching economic implications for society at large, and not just for the litigants involved. I have seen a number of “big” patent cases during my career, but none has the disruptive potential of a case that is set for oral argument next week in the Supreme Court. From humble beginnings as a declaratory judgment action filed in an unusual forum for patent cases (District of D.C.,) the dispute between Alice Corp. and CLS Bank has grown into one of the most closely-watched and debated patent cases — ever. And deservedly so, because the viability of software patents is on the line. With major ramifications possible: for technology companies of all sizes, IP firms and lawyers, the courts, and the good old global economy as well….
* Demand is down, but fees are up. The good news is that Am Law Second Hundred firms saw gains in billable hours purchased by corporate clients — and that’s about it for the good news. [Am Law Daily]
* OMG, Dewey want to see the unsealed case records against D&L’s ex-leaders. DA Cy Vance wants our prying eyes to see all but one document. Secret seven identities… incoming! [Bloomberg]
* It looks like that time Sheryl Sandberg refused to lean in is really paying off in court. Facebook is a witness, not a defendant, in an antitrust case about non-poaching agreements between tech giants. [Reuters]
* Gaming the rankings for dummies? Law school deans are now pushing the ABA to require that law schools post their transfer students’ LSAT and GPA credentials. [Capital Business / Washington Post]
* The easy way to decide whether you should be working in law school is to determine what you like more: money or grades. One will help you get the other later in life. [Law Admissions Lowdown / U.S. News]
Glenn Close as Alex Forrest: she’s not going to be ignored.
One of the biggest Biglaw stories of 2014 so far has been the lawsuit filed by Angela Kovalesky against her ex-boyfriend, New York lawyer Samir Tabar. The beautiful blond Kovalesky alleged that Tabar physically abused her, threatened her with a knife, and stalked her — by dropping a dog tracker into her purse, among other things.
These allegations didn’t sit well with Tabar’s employer, Schulte Roth & Zabel. Not long after the filing of Kovalesky’s salacious suit, SRZ terminated Tabar’s employment. His impeccable pedigree — Oxford, Columbia Law, and Skadden Arps, plus some time in finance — couldn’t save him from the ax.
But what if turned out that the allegations were fabrications? What if it turned out that Kovalesky, not Tabar, was the actual abuser? What if it turned out that Kovalesky was, well, a psycho ex-girlfriend — about as sane as Alex Forrest in Fatal Attraction?
This is, in a nutshell, what Tabar alleges, in his answer and counterclaims in Kovalesky v. Tabar. And it’s what his new gorgeous girlfriend — actually, his fiancée — also asserts, in her own lawsuit against Angela Kovalesky….
* Congratulations to WilmerHale on landing former FBI director Robert Mueller, and congratulations to Mueller on his move (a homecoming of sorts; he was once a partner at Hale & Dorr, the “Hale” in “WilmerHale”). [DealBook / New York Times]
* “Have a Better Legal Career by Being Less of a Lawyer.” [Medium]
* This story of losing a client might contain lessons for lawyers. [BigLawRebel]
* As we previously mentioned, the SCOTUS-themed play Arguendo is coming to D.C., and there’s a discount code for ATL readers: WMATL, good for 15% off on previews, Friday nights, Saturday matinees, and Sunday evenings. Enjoy! [Woolly Mammoth]
I knew a defense lawyer whose online bio said that he had “spent more than a year of his life in trial.” But I also knew the facts: He had tried precisely one case in his life; it lasted more than a year; at the end of the year, the jury awarded more than the plaintiff demanded in closing argument.
Despite having spent “more than a year of his life in trial,” I’m not certain he was a proven trial lawyer.
Google the words “consummate trial lawyer” or “quintessential trial lawyer” or the like. (The actual bio may use a synonym to those superlatives; I’m concealing my victim here.) One bio will pop up from a guy who has, in fact, tried a few cases. But he lost them all. He hasn’t secured a defense verdict at a jury trial since the early 1980′s. (He did manage to reverse on appeal several of his trial-level defeats, but I’m not sure that’s too comforting to someone who’s looking to retain trial counsel.)
These examples, of course, come from the guys who are being honest: The words contained in their bios are technically true. I’m not even talking about the folks who brazenly lie.
Given the skepticism that puffery breeds, how can you write an online bio that actually persuades a reader?
* Justice Antonin Scalia isn’t quite ready to publicly weigh in on whether computer data is considered a protected “effect” under the Fourth Amendment. “[T]hat may well come up [before the Supreme Court],” he says. Thanks NSA. [Business Insider]
* “[I]t doesn’t take many bad apples in a barrel to cause a stink.” No matter how hard Biglaw firms try to keep their confidential information locked down, someone’s going trade on it. It looks like STB is learning that the hard way. [Wall Street Journal (sub. req.)]
* The day after Michigan’s ban on same-sex marriage was struck down by Judge Bernard Friedman, couples who rushed to marry were met with some serious Sixth Circuit sadness. Way to stay and spoil all of the celebrations, judges. [New York Times]
* “We’re not the Cleveland Browns,” says one of Case Western Law’s interim co-deans. With that kind of a glowing endorsement, we don’t see how this law school could possibly fail. [Crain's Cleveland Business]
* Rutgers Law-Newark has a new low-bono fellowship program “believed to be the first of its kind in the nation.” Some other law schools might have a bone to pick about that statement. [New Jersey Star-Ledger]
For a while, interest in the Dewey drama seemed to be flagging (at least according to our traffic statistics). But lately it has revived, thanks to the recent criminal charges against the firm’s former leaders, plus the arrival on the scene of Zachary Warren — a total Dewey & LaBoeuf-Cake.
Interest in Zach Warren has been keen — and not just because of his good looks. His tale seems to resonate with Above the Law readers because, as Matt Kaiser recently noted, “he seems like one of us.” Although Above the Law’s readership is expanding, with more than a million unique visitors a month, it’s still fair to say that a young lawyer, recently graduated from a top law school, is within ATL’s demographic sweet spot.
Over the past few days, we’ve learned more about Zachary Warren. Dewey want to share this knowledge with you? Of course we do….
* Lawyers from top New York City firms like Skadden, Proskauer, Stikeman, Weil Gotshal, Kaye Scholer, and Bailey Duquette took to the ice to compete for the Lawyers’ Cup. The team with Canadian imports won, obviously. [Forbes]
* Andre Bouchard was nominated to replace Judge Leo Strine as Chancellor of the Delaware Court of Chancery. We can only hope he’ll be as outspoken as his predecessor. [WSJ Law Blog (sub. req.)]
* UNC Law has been receiving fewer applications, and perhaps that’s the reason why its acceptance rates have gone up, up, up — from 36 percent to 45 percent — in the last year alone. Yikes. [Daily Tar Heel]
* A woman alleges her Uber driver “fondled [her] legs, groin area and breasts” as she tried to give him directions. That extra customer service is what makes it cost more during peak times. [Chicago Tribune]
* A watch repairman was so pissed about this Yelp review he sicced his lawyer on the man who handed out the two-star report. Of course his lawyer’s one-paragraph demand letter barely makes sense. [Gawker]
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 (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), 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.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.