* “When the government takes action . . . there are legal limits to what they can do.” And one of those limits is that they can’t screw over any of the AIG shareholders, right, Maurice? [New York Times]
- Antitrust, Basketball, Celebrities, David Boies, Money, Morning Docket, Pregnancy / Paternity, Sports, Wall Street
- Biglaw, Boutique Law Firms, David Boies, Defamation, Lawsuit of the Day, Litigators, Small Law Firms, United Kingdom / Great Britain
Physician, heal thyself? D.C. power broker Lanny Davis, a guru of crisis management, now has a crisis of his own to manage.
Davis has been hit with a federal lawsuit by, oddly enough, one of America’s largest corporations: 3M, the Fortune 100 company and Dow Jones Industrial Average component that’s famous for such products as Post-it Notes and Scotch tape. It’s surprising to see a mega-corporation like 3M going after a high-profile lawyer like Davis.
When you see a large corporation suing a prominent attorney like Davis — who, before launching his own firm last year, was a partner at such firms as McDermott Will & Emery, Orrick, and Patton Boggs — you might expect a malpractice claim. But that’s not the case here….
UPDATE (10:50 AM): Comments from Lanny Davis and his client, the Porton Group, have been added below. They point out that this is 3M’s third bite at the apple — the company previously filed two similar cases in New York state court. (The first suit was withdrawn, while the second still appears to be pending — rather strange, given the D.C. federal court filing.)
UPDATE (5:50 PM): Here is more information about 3M v. Lanny Davis.
- Ann Coulter, David Boies, Deaths, Facebook, Federal Judges, Gay, Gay Marriage, Judicial Nominations, Law Professors, Law School Deans, Law Schools, Non-Sequiturs, Ted Olson
* Congratulations to David Boies and Ted Olson on winning the American Bar Association Medal, for their remarkable work on Perry v. Schwarzenegger (aka the Prop 8 case). [American Foundation for Equal Rights]
* Meanwhile, the Queen of Facebook, Sheryl Sandberg, gets profiled by the New Yorker. Here is Professor Christine Hurt’s take. [The Conglomerate]
* If you leave your bag of meth at the tanning salon, don’t go back for it. [Legal Blog Watch]
* The London riots show how technology and social media can be used to commit or to combat criminal activity. [Associate's Mind]
* Obama is taking his time on judicial nominations but at least he’s promoting diversity, reports John Schwartz. [New York Times]
Since Japan is about to sink, drown, or blow up, you might have missed the fact that 32 or so billionaires officially can’t figure out how to share profits with a few hundred millionaires. That’s right, the National Football League — the most successful sports association ever — is in a stage of lockout. The owners and the players can’t agree, and now both sides have lawyered up and are heading to court.
The NFL owners have locked out the players, and the players have asked for an injunction preventing the lockout. Welcome to Brady v. NFL.
Naturally, I’m on the side of the marginally greedy, financially illiterate players over the unimaginably greedy, financially irresponsible owners. Bill Simmons perfectly captures the real core of this fight that the owners are picking with their employees.
And there are all kinds of funky legal issues swirling around the case: the player’s union “sham” decertification, the NFL’s T.V. revenue war chest they should have been sharing with the players all along, and enough Sherman Antitrust Act angles to fill a casebook.
And there’s legal star power: as we mentioned this morning, David Boies has joined the fight on the side of money grubbing owners who would happily sacrifice the long term health of their employees for some more short term profits.
But this morning we should focus on the man who could be “the Decider,” U.S. District Judge David Doty. The man has such a history of frustrating the NFL owner/oligarchs that simply getting the case into his courtroom could force the owners back into negotiating in good faith. We should know more about this guy.
Remember, the 1994 Major League Baseball strike was settled by a judge — and her name is Sonia Sotomayor — only she’s got a better title now. Just saying….
Above the Law’s 2010 Lawyer of the Year contest is now over. Thanks to everyone who nominated a lawyer; thanks to our finalists, for being such accomplished and interesting individuals; and thanks to all the voters, who picked our victor.
Here are ATL’s past Lawyers of the Year:
Two famous figures, and one anonymous one. A man, a woman, and an individual of unknown gender.
For 2010, who will join their distinguished ranks? Let’s find out….
Here’s the Ninth Circuit’s certification order, available on the court’s Perry v. Schwarzenegger portal page, and here’s a quick write-up, from Bay City News. Essentially the Ninth Circuit wants the California Supreme Court to decide whether the official proponents of Proposition 8, California’s ban on gay marriage, have standing to defend the initiative’s constitutionality in court, since the public officials who would normally defend it have declined to do so.
In his concurrence to the certification order and per curiam opinion, liberal lion Stephen Reinhardt had catty comments about the litigation skills and strategy of David Boies, Ted Olson, and their colleagues at Boies Schiller and Gibson Dunn….
Earlier this month, we heard that Boies, Schiller & Flexner, the legendary litigation firm founded by the celebrated David Boies, wasn’t holding its lavish annual firm retreat in Jamaica (to which spouses and families have been invited in the past, all on the firm’s dime). This made us wonder: Despite its extensive involvement in headline-making cases throughout 2010, did BSF somehow not have a good year? [FN1]
Umm, no — at least not based on the Boies bonuses. Boies Schiller announced its associate bonuses on Tuesday, and they were “generous as usual,” according to one source.
Actually, that’s an understatement — a huge one. Almost as huge as the Boies Schiller bonuses. We believe them to be the biggest and best of the bonus season so far.
We reached out to the firm, which provided us with some hard numbers about its eye-popping bonuses….
Well, this is not going to make Bingham McCutchen partners happy. A judge today ruled that the marital agreement between Los Angeles Dodgers owner Frank McCourt and wife Jamie McCourt is invalid — and therefore Frank might not have sole ownership of the Dodgers.
We wrote about Bingham’s boo-boo back in September. Some copies of the postnuptial agreement use the word “inclusive” in a way that would have given Frank sole ownership, while others use the word “exclusive,” which would have made Jamie a co-owner.
Bingham’s agreement may have been thrown out by the court, but don’t think for a second that Frank McCourt is done fighting for sole control of the team…
We’ve set up our liveblog of the Ninth Circuit oral arguments in Perry v. Schwarzenegger, the Proposition 8 / same-sex marriage case. For a comprehensive account of what has happened in the litigation thus far, see this great FAQ by Chris Geidner, over at Poliglot.
You can watch streaming video of the arguments over at C-SPAN. And you can join our liveblog, after the jump….