Discovery
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American Bar Association / ABA, Biglaw, Boring Stuff, Conferences / Symposia, Document Review, Technology
Letter From LegalTech: The Thrills of E-Discovery
Should lawyers be held to a standard of technological competence? -
Antonin Scalia, Arthur Miller, Biglaw, Conferences / Symposia, Federal Judges, Law Professors, SCOTUS, Supreme Court
Arthur Miller Puts Justice Scalia and Others on Panel; Good Thing Everybody Did the Reading
Even if you are on a panel with Justice Scalia, you should really do the reading... - Sponsored
How Generative AI Will Improve Legal Service Delivery
Learn how emerging tools will likely change and enhance the work of lawyers for years to come in this new report. -
Biglaw, Deaths, Disasters / Emergencies, Eric Holder, Federal Judges, John Marshall Law School, Law Schools, Morning Docket, Rudeness, Suicide
Morning Docket: 11.12.12
* 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]
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11th Circuit, Attorney Misconduct, Biglaw, Federal Judges, In-House Counsel, Legal Ethics, Litigators, Litigatrix, Partner Issues, Scott Rothstein, Screw-Ups
Benchslap of the Day: Judge Cooke Sanctions Greenberg Traurig and TD Bank
Judge Cooke has ruled on the motion for sanctions against TD Bank and its former counsel, Greenberg Traurig. What did she decide? -
American Bar Association / ABA, Biglaw, Cass Sunstein, Drugs, Fast Food, Gay Marriage, Guns / Firearms, Law Professors, Law Schools, Military / Military Law, Morning Docket, Sam Sparks, Sports, Student Loans, Ted Frank, UVA Law, Violence
Morning Docket: 08.06.12
* 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]
* It’s too late to apologize this time, Cesar. Greenberg Traurig has been sanctioned in the TD Bank to-do for the firm’s negligent failure to bring forth documents during discovery. [Tampa Bay Business Journal]
* 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]
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Non-Sequiturs, SCOTUS
Non-Sequiturs: 07.02.12.
* 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] * Rutgers-Camden Law seems to be having trouble filling its seats. Maybe that's why they've started admitting people who didn't even apply. [Tax Prof Blog] * 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] -
Attorney Misconduct, Benchslaps, Biglaw, Federal Judges, Kasowitz Benson, Legal Ethics, Litigators, Litigatrix, Partner Issues, Scott Rothstein, Screw-Ups
Greenberg Traurig and the TD Bank To-Do: What Happened at the Contempt Hearing?
Remember the discovery dust-up involving Greenberg Traurig, which gave rise to contempt proceedings? The two-day hearing took place last week. What happened? -
Biglaw, Depositions, Dewey & LeBoeuf, Dewey Ballantine, Football, Law Schools, Non-Sequiturs, Sex
Non-Sequiturs: 05.17.12
* 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?] * The Da Silva Moore case already reads like a reality TV show. Is something more pernicious going on beneath the surface? [Ride the Lightning] - Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so… -
Biglaw, Document Review, Email Scandals, Goldman Sachs, Screw-Ups, Technology
Which Biglaw Firm Accidentally Released Embarrassing, Unredacted Documents About Goldman Sachs?
A Biglaw firm accidentally released an unredacted version of documents it had previously spent lots of time and money intentionally trying to keep sealed. Oops! -
Document Review, Election 2012, Election Law, In-House Counsel, Litigators, Politics, Technology
Inside Straight: Why Are Elections Like E-Discovery?
Here's some food for thought, from in-house columnist Mark Herrmann: Why are elections like e-discovery? -
Attorney Misconduct, Biglaw, Federal Judges, Legal Ethics, Litigators, Litigatrix, Partner Issues, Screw-Ups
Greenberg Traurig and the TD Bank To-Do: A Final Rebuttal
Here's a final story (for now) on the TD Bank / Greenberg Traurig controversy.... -
Attorney Misconduct, Biglaw, Federal Judges, Legal Ethics, Litigators, Litigatrix, Partner Issues, Scott Rothstein, Screw-Ups
More About the TD Bank To-Do: In Defense of Greenberg Traurig
Is Greenberg Traurig getting a bum rap in the TD Bank litigation? -
Attorney Misconduct, Benchslaps, Biglaw, Federal Judges, Kasowitz Benson, Legal Ethics, Litigators, Litigatrix, Partner Issues, Screw-Ups
Greenberg Traurig Gets Dropped By Client After Alleged Misstatement To Court
Did a partner's alleged misstatement cost Greenberg Traurig a client? Or is the partner in question being made into a scapegoat?
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Federal Judges, Legal Ethics, S.D.N.Y., Technology
Plaintiffs Trying To Get Judge Peck Bounced from Landmark Predictive Coding Case
One of the parties in Da Silva Moore v. Publicis Group, the first federal case in which a judge approved protective coding, has requested that Judge Andrew Peck, who made the order, recuse himself. What is the basis for the recusal request? -
Biglaw, Boutique Law Firms, Depositions, Document Review, Litigators, Small Law Firms
From Biglaw to Boutique: The Bigger They Are, The Harder They Fall
'David versus Goliath' captures the challenge a smaller firm faces when litigating against an AmLaw 200 firm. A small firm can feel like David when facing a larger firm that can bring more resources to bear on legal research, drafting motions, reviewing documents, etc. So how can a small firm, especially representing a smaller company, effectively litigate against a proverbial army of lawyers representing a client to whom money is no object? -
Document Review, Technology
Why Is the D.C. Court of Appeals Feeling Testy Toward E-Discovery Vendors?
Anyone who works with e-discovery has no doubt encountered the bewildering array of vendors and service providers clamoring for legal technology business. It can be confusing. As the e-discovery industry has exploded, vendors’ roles have expanded and changed as well. Just a few years ago, it was more common for attorneys and their firms to […] -
Attorney Misconduct, Deaths, Facebook, Legal Ethics, Patton Boggs, Screw-Ups, Social Networking Websites, Technology, Trials
Facebook Spoliation Costs Widower and His Attorney $700K in Sanctions
When a tipster sent us an e-mail with the subject, "Court awards $700,000+ in sanctions for destruction of FB page,” Chris Danzig thought it sounded like it might be interesting. Because hey, that's a lot of money. He didn't realize it would also be one of the most depressing legal news stories he'd read since the tragic Friedlander murder-suicide.... -
Conferences / Symposia, In-House Counsel, Intellectual Property, Litigators, Outsourcing, Technology
Dispatch from Amelia Island: In-House Strategies for Litigation Response
The information age we live in can be a blessing and a curse. Few fields demonstrate this truth more persuasively than the realm of electronic discovery. During a panel here at the Legal Technology Leadership Summit on the theft and exfiltration of intellectual property, the panelists discussed the exponential growth in information densities, the increasing […] -
Attorney Misconduct, Benchslaps, Depositions, Federal Judges, Rudeness, Sam Sparks, Texas, Vicious Infighting
Benchslap of the Day: Judge Sparks Burns More Attorneys
You do not want to mess with Judge Sam Sparks, of the U.S. District Court for the Western District of Texas. We recently wrote about Judge Sparks accusing a lawyer appearing before him of incompetence -- in a harshly worded order that pulled no punches. Judge Sparks has been doling out stinging benchslaps for years, and he's gotten pretty good at it. Last week, Judge Sparks lit more lawyers on fire.... -
American Constitution Society (ACS), Ann Althouse, Fast Food, Law Schools, Money, Non-Sequiturs, Securities and Exchange Commission, Student Loans, Technology
Non-Sequiturs: 08.26.11
* What can law firms learn from Folgers crystals? Maybe how to provide legal services rich enough to be served to America’s finest corporations. [What About Clients?] * A look at what $100,000 in law school loans could have purchased instead — e.g., 505,050 chicken nuggets from Wendy’s. [Constitutional Daily] * What kind of “reasonable […]