Last night, when we reported the news of secretarial staff layoffs at Dewey & LeBoeuf, we mentioned a prediction of additional layoffs today — i.e., Tuesday — or later in the week. That prediction has already come to pass — like so many predictions about Dewey, sadly.
Last night, they came for the secretaries. This time, they’ve come for the associates….
About a month ago, we wrote about an interesting lawsuit that Twitter filed against the allegedly “most aggressive” Twitter spammers. The social media giant took action against companies with goofy names, such as TweetAttacks, TweetAdder, and TweetBuddy.
At least one of the defendants, Skootle, the company that developed TweetAdder, is fighting back against Twitter’s allegations. The company filed a response brief on Friday and is represented by none other than one of Above the Law’s own regular columnists.
Keep reading to see Skootle’s brief and learn which ATL columnist is helming the defense…
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….
On Sunday, Sidley Austin announced a regime change at the firm. Over the next year, veteran Supreme Court litigator Carter Phillips will become co-chair and eventually chair of the firm’s executive committee. In 2013 he will replace the current chair, Thomas Cole.
Currently, Phillips is managing partner of Sidley’s Washington D.C. office. He recently argued his 76th case in front of the Supreme Court. I had the opportunity to ask him about the Obamacare arguments last month.
Keep reading to learn more about the transition and to find out what it takes for an accomplished practicing attorney to take on a crucial business role…
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….
Federal judges don’t take kindly to misstatements by counsel appearing before them. And when the judge is unhappy, the client is unhappy. And when the client is unhappy, outside counsel gets cashiered. It’s not a pretty process.
Let’s travel down to south Florida, where an allegedly incorrect statement by a partner at Greenberg Traurig has incurred the wrath of a federal judge — apparently resulting in the client replacing the firm, and the firm parting ways with the partner.
The renowned IP litigator Matthew Powers, founding partner of Tensegrity Law Group, has a nickname here at Above the Law. We like to call him Matt “Pimp Hand” Powers. Back in 2008, a paralegal at Weil Gotshal alleged in a lawsuit that Powers, former cochair of litigation at Weil, ruled over his domain by alternating between use of the “pimp hand” and the “mojo hand.” The “pimp hand” was used to intimidate and coerce, while the “mojo hand” was used to stroke and cajole.
Over the years, numerous litigants have felt the sting of Powers’s pimp hand. He has been described, quite accurately, as “one of the most feared, respected, and successful patent litigators in the country.” As noted on his website bio, Matt Powers “is known for taking tough cases to trial and winning them,” on behalf of leading technology companies like Apple, Oracle, Microsoft, and Intel.
But now the tables have turned. Powers recently found himself on the receiving end of a benchslap — from a lowly administrative law judge, ick….
The U.S. government seems to be losing ground quickly in the PR war surrounding the case against Megaupload, the massive file-sharing site, and the company’s leader, Kim Dotcom. Just over a week ago, we learned that Quinn Emmanuel had signed on as the company’s defense team; the firm hit the ground running with a brief calling B.S. on one of the government’s objections.
And on Friday evening, news broke that the FBI may have again screwed the Megaupload pooch. The potential procedural goof was apparently severe enough that a federal judge wondered aloud if it might have killed the case…
A couple of decades ago, a friend was defending a case that involved a corporate entity named “LHIW, Inc.” The case seemed defensible for a while. Then, during a deposition, opposing counsel thought to ask a witness what the heck “LHIW, Inc.,” stood for.
Suffice it to say that it’s tough to defend a transaction that involves a shell company named “Let’s Hope It Works, Inc.”
Ten years ago, a company was spinning off the piece of its business that was saddled with product liability exposure. The transaction would create one new, clean company and one tainted company that would spend its days defending itself or paying claims over time. Did the internal corporate documents really have to refer to the two new entities as “GoodCo” and “CrapCo”?
Why did I flash back to those memories? Because I recently ran across a situation where someone cleverly named an investment vehicle “SNP, Inc.” That was fine and good until someone thought to ask what “SNP, Inc.,” stood for. Naturally: “Should Not Participate, Inc.”
The more things change, the more they stay the same. But I have a proposal on this front . . .
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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: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
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