iPhones

Keith Lee

It’s easy to get caught up in the day-to-day life of a lawyer. And the longer you are a lawyer, the more it will come to define you – if you let it. But it is a limiting definition, even for the best and brightest of lawyers. Take Marcus Tullius Cicero, likely the most famous lawyer in history. Upon being acclaimed for his skills as a lawyer, it is said that Cicero remarked:

“And yet he often desired his friends not to call him orator, but philosopher, because he had made philosophy his business, and had only used rhetoric as an instrument for attaining his objects in public life. But the desire of glory has great power in washing the tinctures of philosophy out of the souls of men, and in imprinting the passions of the common people, by custom and conversation, in the minds of those that take a part in governing them, unless the politician be very careful so to engage in public affairs as to interest himself only in the affairs themselves, but not participate in the passions that are consequent to them.”

— Plutarch, Cicero, Lives of the Noble Grecians and Romans (c. 75-100 AD), John Dryden translation

Here we have the greatest lawyer in all of Rome, insisting that he wished to be remembered as a philosopher — a thinker — not a lawyer. Being a lawyer was part of who he was; it did not define him….

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In too many ways, 2013 was a year that vindicated the long-standing paranoia of many Americans, particularly the more conservative. A bewildering number of stories littered the news that seemed to confirm exactly the sort of gross government overreach that previously sounded like a delusion of someone whose eyes were scanning the skies for black helicopters. In spring 2013, for example, we learned that the IRS had been targeting the 501(c)(3) applications of conservative and libertarian organizations, apparently based solely on their political and philosophical affiliations. Nothing in 2013, though, fanned the flames of political paranoia quite like revelations of the National Security Agency’s mass surveillance programs.

In Clapper v. Amnesty International USA, decided in February, the U.S. Supreme Court dismissed Amnesty International’s constitutional challenge to a portion of the FISA Amendments Act of 2008. In its 5-4 opinion, the Court found that Amnesty lacked Article III standing, in part because the plaintiffs could not show that they had necessarily been targeted for surveillance. When Edward Snowden later disclosed details of the NSA’s PRISM surveillance program, civil libertarians experienced something of a Pyrrhic victory. Standing would not be a problem in many future lawsuits because the revelation of PRISM established that millions of Americans had been subject to some NSA spying. The only question was whether that surveillance amounted to a violation of the law.

As we leave 2013 and 2014 dawns, some new developments have emerged . . . .

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We should have known that the Fisher opinion was going to be a letdown — a “great big dodge,” as my colleague Elie Mystal put it. Instead of readying herself for an historical moment, Justice Elena Kagan spent yesterday doing some window-shopping.

Where did she go, and what merchandise did she check out? Here’s an eyewitness report….

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On Friday afternoon, after just under three days of deliberation, the Apple v. Samsung jury came back with a tidy little verdict awarding just over $1 billion to Apple. Meanwhile, Samsung got nothing on its counterclaims.

It was a big win for Apple, and it came surprisingly quickly. As Elie pointed out, it would take many smart people more than three days to even understand all the the terms within the 109 pages of jury instructions. Aside from the jury itself, it seemed no one was ready for the verdict. One attorney for Apple even showed up in a polo shirt.

Let’s have a post-mortem run through of the case (and a quick-and-dirty look at the massive attorneys’ fees incurred by both sides)….

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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.”

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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!

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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!

Can you guess which side received the verbal beating?

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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…

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So, the Apple v. Samsung trial is on break for one more day, but that doesn’t mean the digital drama is fading. The trial has become ubiquitous in the news. We’ve got a clip from Conan O’Brien mocking opining on the proceedings… or more specifically, Samsung. And we’ve got word that another Quinn Emanuel partner is in the hot seat.

UPDATE (5:09 PM): We have added Quinn Emanuel’s official response to the newest controversy at the end of this post. It’s a doozy.

In the meantime, one news outlet is heralding the case as the trial of the century, while another says the outcome is irrelevant anyway. So let’s take a step back and think about what it all means…

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