What. A. Day. Long long ago, in a time before lunch, I again trekked down to San Jose to watch the closing arguments in Patent Super Bowl 2012: Apple v. Samsung. That, and go through the most boring morning of my life, as close to 40 attorneys, dozens of spectators, reporters, and the unseen masses in the overflow room, sat through a reading of 109 pages of jury instructions.
But after lunch, we finally got what we hoped for: four hours of impressive performances from Charles Verhoeven, Bill Lee, and Harold McElhinny. We’ve probably got a year’s worth of Quotes of the Day from this afternoon, but by the end of the day, one phrase, one idea was abundantly clear: “The world is watching.”
Well, it’s that time. Cue the Gladiator theme. Testimony in Apple v. Samsung is over, and closing statements are tomorrow. Any and all attempts at settlement have failed epically. Assuming I can get a seat, I’ll be down in San Jose watching and tweeeting the proceedings tomorrow. First, let’s take a look at some predictive analysis of how the world could change depending on who wins the jury’s favor.
It’s still anyone’s ball game, so journo-pundits, unleash the hyperbole and high-minded rhetoric!
If you use Facebook, you’ve probably noticed the sponsored stories that periodically pop up within the site. These (IMHO annoying) ads are an important part of Facebook’s revenue strategy. But recently, the company got sued over the stories, for allegedly violating the law by publicizing — but not paying — users who “like” certain advertisers, and not providing a way to opt out of the program. A settlement plan was recently announced. But uh oh, the federal judge handling the case rejected the settlement on Friday. Why?
Maybe something to do with the plaintiffs attorneys getting $10 million, the actual plaintiffs getting nothing, and an overall sense that left the judge wondering if the terms were “merely plucked from thin air”….
* “I don’t think I should have to pay anything back, because I wasn’t part of the management that drove the firm into the ground.” Dewey know when it’s time to stop complaining, pay up, shut up, and move on? [DealBook / New York Times]
* Good news, everyone! According to the Citi Midyear Report, based on the first half of 2012, Biglaw firms may have trouble matching last year’s single-digit profit growth. You thought the worst was over? How embarrassing for you. [Am Law Daily]
* Apparently Andrew Shirvell didn’t do a very good job questioning himself on the stand, because the former Michigan AAG now has to shell out $4.5M in damages for defaming Chris Armstrong. [Detroit Free Press]
* Six of one, half a dozen of the other: Barry Bonds’s lawyers filed a reply brief in their appeal of his obstruction conviction, arguing that his statements were truthful but nonresponsive, as opposed to being misleading. [AP]
* “We’re crazy about sex in the United States. I call it ‘sexophrenia.’” The Millionaire Madam’s attorney had a nutty yesterday after a judge refused to dismiss a prostitution charge against his client. [New York Daily News]
* The opposite of a fluffer? Los Angeles officials seeking to enforce the city’s new adult film condom law are beginning a search for medical professionals to inspect porn shoots for compliance. [Los Angeles Times]
Every day it seems the Apple v. Samsung trial couldn’t get any more exciting, but somehow every day, the court proceedings seem to ratchet up the ridiculousness. Samsung has rested its case, and commentators expect closing arguments to happen on Tuesday.
But the trial won’t close out quietly. The vitriol from all sides shows no signs of slowing down — least of all from Judge Lucy Koh, who has quite simply had it up to here with the tech giants’ bickering.
Yesterday she again tried to convince the parties to settle, without much success. Today, the judicial badass inquired as to whether or not counsel was on drugs. Good times!
* Dewey have some false expectations of success for this partner settlement agreement? Only one in four affected partners have signed on the dotted line, but advisers think the plan will win bankruptcy court approval. [Am Law Daily]
* “There comes a point where the prospects of substantially increasing your income just outweigh everything else.” Even on his $168K salary, this appellate judge wasn’t rich in New York City, so he quit his job. [New York Law Journal]
* The middle class needs lawyers, and unemployed law school graduates need jobs. The solution for both problems seems pretty obvious, but starting a firm still costs money, no matter how “prudent” you are. [National Law Journal]
* “This is a time when law schools are trying to look carefully at their expenses and not add to them.” New York’s new pro bono initiative may come at a cost for law schools, too. [Thomson Reuters News & Insight]
* Much to Great Britain’s dismay, Ecuador has announced that it will grant political asylum to Julian Assange of WikiLeaks fame. Sucks for Ecuador, because Assange is known to not flush the toilet. [New York Times]
* A smooth criminal gets a break: Michael Jackson’s father dropped a wrongful death suit against Dr. Conrad Murray. It probably would’ve been helpful if his attorneys could actually practice in California. [Washington Post]
* Did Lindsay Lohan’s lawyers plagiarize documents from internet websites in their defamation filings against Pitbull? You can deny it all you want, but his lawyer is out for blood and sanctions. [New York Daily News]
The threat of getting sued for libel or defamation has always hung over the heads of media professionals, now particularly so in the blogging era. The truth is always the clearest, simplest defense when faced with libel claims. But there are other, less direct avenues one can pursue as a defense, if need be.
A lawsuit recently dismissed against Gizmodo shows off one of the more commonly overlooked ways to bolster a defense against defamation. Let’s just say there’s often a reason bloggers like to include all those hyperlinks…
As the Apple v. Samsung trial continues speeding along at the speed of, well, a first generation iPhone with low battery, we finally had some real developments in court yesterday, breaking up the recent monotony of expert witnesses and attorney v. attorney quibbling.
Apple rested its case, and Samsung managed to score a minor victory by getting a few of its phones dropped from the case. Seeing as there are more than a dozen phones at issue, it’s definitely a minor victory, but it’s better than nothing — especially since Samsung’s Quinn Emmanuel lawyers haven’t exactly been the popular kids in court so far…
Back in June, we brought you a story about some mom-and-dad law grads who had been accused of planting a potpourri of pills and pot on a parent volunteer from their son’s school. Kent W. Easter, a UCLA Law graduate, is (or was) a partner at Stradling Yocca Carlson & Rauth, a midsize California firm. His wife, Jillianne B. Easter, is a Boalt Hall grad and former lawyer who dabbles in crime fiction writing (and bad plastic surgery, from the looks of it).
Apparently the Easters thought that they could get away with the perfect crime, but alas, that only happens in books written by partner wives. Now, the Easters are looking at additional legal troubles: their alleged victim, Kelli Peters, has filed a civil suit against the couple that contains some interesting allegations. In fact, the page-turner of a complaint reads like it was written by a crime writer far more talented than Mrs. Easter (aka Ava Bjork).
Let’s check out the complaint, and see what the Easters are up against….
* Looks like someone skipped professional responsibility class during bar prep: the Ninth Circuit denied attorney fees to McGuireWoods in light of an “egregious” ethics violation made in the BAR/BRI antitrust settlement. [National Law Journal]
* Apple rested its patent-infringement case against Samsung yesterday, making way for the rival tech company to begin presenting its case. Jurors must be thrilled that the end is in sight, with just 25 more hours of arguments to go. [Bloomberg]
* “The facts don’t seem to support a ‘stand your ground’ defense.” That’s what George Zimmerman’s attorney said yesterday, but the defense team is going to try to get the case dismissed on those grounds anyway. [AP]
* When applying to law school, it’s usually helpful to demonstrate in your application that you actually want to go to law school. Gah, people seriously need to be told these things. [Law Admissions Lowdown / U.S. News]
* “[T]he plaintiff’s tampon was never forcibly removed by any deputy.” First of all, yuck. Second of all, you know that a crazy lawsuit must have been filed when the cops are making public statements like this. [NBC News]
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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: firstname.lastname@example.org.
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