Litigation

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?

double red triangle arrows Continue reading “Benchslap of the Day: Are You On Crack?”

Last time we checked in with Paul Ceglia — the Man Who Would Be King of Facebook — and his lawsuit claiming partial ownership of the social media giant, he was facing sanctions if he refused to provide Facebook with a very touchy document known as the Kasowitz letter.

Well, the production deadline has come and gone, and there’s no letter. You know what that means. All aboarrrd! Next stop, Benchslap City…

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David Bernick

As we just noted in Non-Sequiturs, the litigation powerhouse of Boies Schiller & Flexner has managed to fill the — possibly peep toe? — shoes that were recently vacated by Elizabeth Wurtzel. Trading one famous name for another, the firm just hired celebrated litigator David Bernick (as reported earlier today by Thomson Reuters).

So it seems that there will be two David B’s in the building. Boies Schiller was founded, of course, by the legendary David Boies, one of the greatest litigators of our time — known for his work on such marquee cases as Microsoft, Bush v. Gore, the Perry / Prop 8 case (which could end up in the Supreme Court), and too many others to mention.

Let’s take a closer look at David Bernick’s résumé, and analyze what his arrival means for BSF….

double red triangle arrows Continue reading “Musical Chairs: Star Litigator David Bernick Joins Boies Schiller”

As you will see, it’s not all about the money in life: it’s about health, love, respect, happiness and then at some point about the money, which is the only thing that will survive all of us.

Emel Dilek, the pulchritudinous plaintiff who is suing her former employer for breach of contract. Dilek was the mistress of the company’s former chief operating officer, who hired her; after he passed away, the company fired her.

(A closer look at this sexy plaintiff and her salacious suit, including some rather amusing deposition excerpts, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: A Material Girl in a Material World”

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…

double red triangle arrows Continue reading “Apple Rests Its Case, Samsung Claims Small Victory, and Judge Koh Continues Awesomely Busting Heads”

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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Tom Wallerstein

For attorneys starting their own firms, one of the more difficult things to learn is how much time to spend on a prospective client. Attorneys take various approaches. Some attorneys say, reasonably enough, I don’t work for free, and will do little more than quote their rates. Attorneys who employ mass marketing will offer a “free consultation,” but that generally amounts to little more than a way to encourage unsophisticated clients to call them as opposed to someone else.

If your business model depends on high volume of a particular type of case, it probably doesn’t make sense to devote too much effort to soliciting any one particular client. But if you are pursuing fewer, higher-stakes or more complex matters, then you very well could struggle with how to strike the proper balance….

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As some of you may have noticed, I spent yesterday in the San Jose Federal Courthouse, watching (and furiously tweeting) the Apple v. Samsung trial. The trial is on recess today, and I’m back in my blogger cage bedroom office. I’ve got a rundown of all the excitement, awkwardness and humiliation that can only happen in a highly publicized celebrity murder, err, patent trial.

Click through to see what’s shaking as the trial progresses….

double red triangle arrows Continue reading “Above the Law Goes to Trial — Dispatch from Apple v. Samsung”

Last time we checked in at the Apple v. Samsung intellectual property trial, John Quinn was responding to heat from Judge Lucy Koh over allegations that he had authorized a press release with information that had been deemed inadmissible.

The case continued on Friday, and it has started back up again today as well. So, how did Judge Koh react to Quinn’s justification of his decision? And what dirt have the two tech giants continued slinging at each other? Well, let’s see….

double red triangle arrows Continue reading “The Apple v. Samsung Trial Continues, And John Quinn Keeps Taking Shots”

Under what circumstances would you see Gibson Dunn and Keker & Van Nest going up against each other? They’re two of the top litigation firms in the country, known for racking up victories in trial and appellate courts across the land. But they don’t come cheap.

Well, what if the issue was the enforceability of an $18 billion judgment, obtained in a foreign jurisdiction, that the plaintiffs are trying to enforce here in the United States? A highly questionable judgment, which the defendants are challenging on the grounds that it was the product of fraud and falsified evidence?

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