* With Eric Holder questioning his job, and Deval Patrick dining at the White House, perhaps we’ll see our second black attorney general. Or not, because one of the Governor’s aides says he’ll continue his reign as a Masshole. [Washington Times; Buzzfeed]
* When it came to sanctions for discovery violations in the Apple v. Samsung case, this judge was all about pinching pennies. Last week, both Quinn Emanuel and MoFo got taken to task over their apparently “sloppy billing practices.” [The Recorder]
* What’s the most inappropriate thing for a federal judge to say to jurors when delivering the news that a defendant of Asian descent killed herself after testifying? “Sayonara.” Ugh. [Careerist via New York Times]
* “Law school is very unforgiving, but classes must go on.” Law schools in the New York metropolitan area are still trying to make sure their students are safe and sound — and studying, of course. [New York Law Journal]
* Another one bites the dust: Team Strauss/Anziska’s lawsuit against John Marshall Law School over its allegedly phony post-graduate employment statistics has been dismissed with prejudice. [Chicago Tribune]
* Are you ready for some litigation? Lawyers for Nick Saban’s daughter are showing the sorority girl who sued her what it’s like to get rolled by the Alabama tide in a flurry of more than 40 subpoenas. [Times Leader]
As we mentioned yesterday in Morning Docket, Judge Marcia Gail Cooke (S.D. Fla.) recently issued an omnibus order on multiple motions for sanctions in the high-profile case of Coquina Investments v. TD Bank. The plaintiff, Coquina Investments, moved for sanctions related to various alleged discovery violations.
At a contempt hearing held back in May, Judge Cooke heard testimony from employees of TD Bank and current and former lawyers from Greenberg Traurig, which previously represented the bank. She took the matter under advisement — but not before saying things like, “It is hard for me to describe in words the difficulty throughout this trial related to documents and discovery.”
* From the White House to the ivory tower: Cass Sunstein is leaving OIRA to return to Harvard Law. Perhaps his thoughts on behavioral economics and public policy will be appreciated in academia. [New York Times]
* Jared Loughner is reportedly set to plead guilty in the Arizona shooting attack that killed six people, including Judge John Roll, and injured 13, including former Representative Gabrielle Giffords. [Los Angeles Times]
* Lance Armstrong is going for the gold against the U.S. Anti-Doping Agency, this time with a bid to Judge Sam Sparks for a restraining order blocking the USADA from forcing the cyclist into binding arbitration. [Bloomberg]
* “[T]his is not the time for us to become an international accrediting agency.” The ABA will remain a faulty U.S. accrediting agency, because the Legal Ed Section voted against accrediting foreign law schools. [ABA Journal]
* Apparently Texas Tech Law has more than beauty queens. Secretary of Defense Leon Panetta has appointed dean emeritus and current law professor Walter Huffman to the new Defense Legal Policy Board. [KCBD 11]
* Remember Joshua Gomes, the UVA Law student who allegedly broke into the school’s registrar office? As it turns out, there’s no more “allegedly” about it. We’ll likely have more on this news later today. [Daily Progress]
* Law school graduates’ tales of woe are still making headlines in newspapers. Please take heed, 0Ls, and remember that you decided to discount this info if you’re told that you “should have known better.” [Oregonian]
* If you want to eat mor chikin but the thought of supporting Chick-fil-A’s stance on gay marriage is giving you indigestion, now you can eat your fill with the assistance of Ted Frank’s chicken offsets. [Huffington Post]
Conservatives, just shut up about this guy. You'll all love him again when he strikes down Affirmative-Action this fall.
* I think there is an interesting question on why Republican Presidents seem to have difficulty getting their Supreme Court justices to vote the party line, but this opinion writer handles the discussion in a stupid, butthurt way. [Washington Post]
* Your Tweets can be subpoenaed. #Biglawdiscoverytactics. [Atlantic Wire]
* If you spend over $100K for a J.D. and then end up working at Axiom, you’ve probably lost. [Law Technology News]
* Here’s a nice little chart made with Chambers numbers to tell us which firms seem to be staffing up. The takeaway is that in addition to your studies, you should be spending enough time in the gym so you look pretty enough to work at Davis Polk. [WSJ Law Blog]
* A Blawg Review that pays homage to Lyndon Baines Johnson. I read that LBJ used to take meetings while he was on the crapper. You probably couldn’t do that today without somebody suing you. [The Defense Rests via Blawg Review]
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?
* This is the job that I want. Just running around New York City, and telling people they suck. [Dealbreaker]
* New Orleans Saints linebacker Jonathan Vilma has filed a lawsuit against NFL Commissioner Roger Goodall. I’ve got $100 for anyone who takes Vilma’s lawsuit out with a summary judgment. [New Orleans Times-Picayune]
* The story of Dewey & LeBoeuf, as told through numbers. Legacy Dewey Ballantine folks aren’t going to love this. [Adam Smith Esq.]
* Isn’t this the best way to explain what it’s like to be white? [Kotaku]
* What will the legal profession look like when your kids are going to law school? [Hellerman Baretz]
* Speaking of having children, I wonder if I will become more “prude” when I’m a parent, or at least more critical of graphic displays of sexuality. [Popehat]
* You shouldn’t let your client bring notes to a deposition. Otherwise you will have a huge a-hole. [What About Clients?]
It has been quite a while since we have covered a grand mal discoveryscrew-up here at Above the Law. For a while, we almost started to believe the legal industry as a whole had finally caught up to technology — or at least had figured out how to keep major mistakes under the radar.
Well, our dry spell has ended. As we mentioned yesterday in Non-Sequiturs, the California office of a Biglaw firm handling some high-profile litigation for Goldman Sachs accidentally released an unredacted version of some files that the firm and its clients have spent years trying to keep secret.
Keep reading to learn more about the case and see which firm reportedly disseminated evidence of the bank’s “naked” short selling…
For a couple of centuries, we thought that American elections were precise: People voted; the government counted each vote; we knew which candidate received how many votes.
In the year 2000, we learned that elections are approximations. Votes are miscounted; chads dangle; we don’t in fact know precisely who received how many votes. Elections are a human process after all, and they can’t bear the weight when we insist on precision within the margin of error.
So, too, with litigation. I recently spoke to one of our outside litigators who had seemingly vanished from the face of the earth for several weeks. He told me that one of his clients had run into a now-typical e-discovery disaster: His client had overlooked some documents; a computer system had automatically deleted some other documents; when the client corrected the situation, it did so imperfectly; the judge (who came from a government background and had no experience in private civil litigation) was quick to spy “bad faith.” Why, this outside lawyer asked, don’t judges appreciate the difficulties presented by e-discovery?
My thesis (for today, anyway) is that e-discovery is like elections: It’s an approximation, and participants in litigation (parties, counsel, courts) should understand that it may not bear the weight when the judicial system insists on precision within the margin of error . . . .
Judging from our traffic stats and the many emails we’ve received about it, the story of the document controversy involving Greenberg Traurig and its former client, TD Bank, has captured the interest of our Floridian readers. So we’ll do one more story about it for now (and then we may keep our powder dry until after the contempt hearing later this month before Judge Marcia Cooke, when there will be bigger news to report).
In our first story, we discussed the allegations made against Greenberg Traurig and one of its former shareholders, Donna Evans. In our second story, we raised some points in defense of ex-partner Evans and her former firm. We believe in providing both sides of a story here at ATL.
Now we’ll share with you a final rebuttal by critics of GT and Evans….
Last week we covered a controversy down in south Florida involving Greenberg Traurig. The firm was replaced as counsel in a particular case by its client, TD Bank, after a partner at the firm denied the existence of a document that, it turned out, actually does exist. The partner who allegedly made the statement is no longer with the firm, and next month, Judge Marcia Cooke (S.D. Fla.) will hold a hearing to determine whether the bank should be held in contempt of court as a result of this apparent screw-up.
This does not sound good, to be sure. But subsequent developments, as well as a closer examination of the situation, suggest that GT’s culpability may be overstated….
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.