First it showed up in the New York Times. Then it appeared on the Today Show. Now the story of law schools allegedly misrepresenting their graduates’ employment outcomes is in every New Yorker’s favorite commuter rag newspaper, Metro New York:
What news development on the law school lawsuit front brought this story to the front page of Metro?
[C]omputer-assisted review… should be seriously considered for use in large-data-volume cases where it may save the producing party (or both parties) significant amounts of legal fees in document review. Counsel no longer have to worry about being the “first” or “guinea pig” for judicial acceptance of computer-assisted review.
Where would lawyers be without open (and absurdly expensive) access to Westlaw and Lexis-Nexis for legal research? They’d have to trudge down to the closest law library and read real books made of paper. They’d have to head over to the courthouse and pull actual files with non-electronic documents inside of them. In a time where legal texts are used solely for decorative bookshelf purposes, that is just too much to ask.
But that is the behavior that two lawyers would expect of their professional colleagues. As we mentioned in Morning Docket, they claim that the legal database providers have been engaging in “unabashed wholesale copying of thousands of copyright-protected works created by, and owned by, the attorneys and law firms who authored them.”
Do they have any chance of winning their class action copyright suit?
Anziska recently sat down with Bloomberg Law for an on-air interview where he revealed some noteworthy information about the next wave of law school lawsuits. The most relevant piece of information? Twenty more law school class action suits are coming down the pipeline. Which schools will be named as defendants?
Shortly after participating in the panel, Judge Peck fulfilled his own wish. Last week, he became what appears to be the first federal judge to order litigants to use the cutting-edge technology in a case.
Let’s look at the details, as well as take a little refresher on predictive coding…
Back in October, we informed our readers that law school litigators Jesse Strauss and David Anziska intended to file class action lawsuits against 15 additional schools, on top of the two they’d already filed against Cooley Law and New York Law School. In mid-December, we brought you an update on the status of those potential filings after Anziska told us that at least three named plaintiffs had been secured for 11 out of the 15 law schools on October’s target list. And now, about a month and a half later, have we got some news for you.
Anziska quipped in an interview with us last year that he hoped to turn 2012 into the year of “law school litigation.” Well, the class action crusader is off to a great start, because today, Team Strauss/Anziska partnered up with six other law firms and filed lawsuits against 12 law schools around the country. According to Anziska, “these lawsuits will define a generation.”
Which law firms have joined in their mighty quest, and which law schools have been sued? Find out all of this information, plus additional details that we learned during today’s media conference call, after the jump….
In 2009, Professor Martin H. Redish of Northwestern Law School published a book arguing that class actions are in large part unconstitutional: Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit (Stanford Univ. Press 2009). Where is the practicing bar?
I understand that nobody reads law review articles or books published by an academic press. And I wouldn’t condemn any practicing lawyer to reading any issue of a law review from cover to cover. But I don’t think it’s asking too much to insist that lawyers remain gently abreast of the academic literature in their field and deploy new ideas aggressively when scholars propose them. Redish’s book shows why in-house counsel should demand more of their outside lawyers.
This post is a two-fer: I’m going both substantive — by summarizing Redish’s argument about why many class actions are unconstitutional — and pragmatic — by criticizing law firms that ignore ideas springing up in the academy that should be used in litigation. (For me, drafting that two-fer is an unusual trick. As regular readers know, it’s typically hard to find even a single thought tucked into one of my columns.)
What does Redish say about class actions, and how have most law firms been derelict?
But instead of combating 2011’s annus horribilis for law schools by calling for reform, Robinson is defending the ABA’s role, stating that young lawyers “should have known what they were getting into.”
Isn’t it wonderful to know that the man in charge of the ABA is essentially playing the “blame the victim” card when it comes to debt-saddled and unemployed law school graduates?
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
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