Litigators

Ed. note: This is the latest installment in a series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Today’s post is written by Michael Allen, the Managing Principal of Lateral Link, who focuses exclusively on partner placements with Am Law 200 clients.

A day in the life of an English litigator just got considerably more complex. Lord Justice Jackson’s year-long appraisal of English litigation ended in 2009 and culminated in a set of new rules dubbed the Jackson Reforms. These eponymous reforms are being heralded as revolutionary, yet the full impact of the reforms has yet to be ascertained. While opinion is divided on the impact of these reforms, we have seen a very tangible ripple in the frequency of U.K.-based movement from litigation partners over the last few years.

As you are all aware, the U.S. legal system is based on British Common Law. While many facets of our systems are congruent, litigation financing diverges significantly between the two countries.

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‘No, not that firm! Any firm but that!’

If you’re working in-house and dealing with bet-the-company litigation, you want the very best litigators in the world to be on your side. You want a firm with litigators so strong that it will make opponents gasp in fear at the very mention of its name. You want a firm that is known internationally for “go[ing] for the jugular” and coming out on top.

But how can you ensure that you’ve picked the right firm? BTI Consulting Group just made it a little easier with the release of its annual ranking of the firms “most likely to trigger dread” in opposing counsel, as determined by a poll of about 300 in-house attorneys. After reviewing all responses, BTI named the “Fearsome Foursome,” the most-feared litigation firms in the country.

Which firms returned to this year’s list and which firms dropped off of it? Check out the latest rankings…

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* Earlier this week, Verizon faced off against the Federal Communications Commission in a net neutrality battle royal before the D.C. Circuit. Next time, make FiOS work before trying to get a do-over on the way the internet runs. [New York Times]

* “I see my job as an air traffic controller. And I see an unending line of airplanes.” Federal judges are buckling under the heavy weight of their caseloads, and from the sound of it, they’re not at all happy about the situation. [National Law Journal (sub. req.)]

* Which Biglaw firms strike the most fear into the hearts of their opponents when it comes to litigation? One firm got the boot from last year’s list, and we’ll have more on this later today. [Law360 (sub. req.)]

* Duane Morris is the first U.S. firm to open an office in Myanmar on some prime real estate. Be jealous of their associates as they bask in the splendor of its beautiful architecture. [Philadelphia Business Journal]

* A trio of Quinn Emanuel partners, including John Quinn himself, teamed up to open a high-class sushi joint in L.A. If he waits tables, he’ll definitely need someone to break a hundred. [Am Law Daily (sub. req.)]

* The Sixth Circuit affirmed the dismissal of a former student’s suit against Thomas M. Cooley Law School, and now he’ll have to live with shame for all eternity after being branded a cheater. [Law360 (sub. req.)]

* Strippers aren’t independent contractors, they’re employees entitled to minimum wage, says a judge. Taking off their clothes for only $7.25 an hour will do wonders for their self-esteem. [New York Daily News]

* Lady Gaga is being taken to trial over the wage-and-hour lawsuit filed by her former personal assistant. We wonder if the pop star will be as foul-mouthed on the stand as she was in her deposition. [ABC News]

Nobody puts DLA Piper in a corner. It’s the world’s new highest-grossing law firm, after all.

Were DLA Piper’s revenues enhanced by alleged overbilling of clients? A former client made that claim in a lawsuit, which the parties ultimately settled (but not before some bad PR for DLA).

Now one of the lawyers who was a thorn in DLA’s side finds himself in a prickly situation of his own. He’s up against the Biglaw behemoth yet again, pursuing a high-profile case that a judge just described as “reek[ing] of fraud and malfeasance”….

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Representing patent trolls: harder than it looks?

Has the “mojo hand” lost its mojo?

In 2008, a paralegal at Weil Gotshal alleged in a lawsuit that Matthew Powers, co-chair of litigation at Weil at the time, ruled over his domain with 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.

In 2011, Powers, one of the nation’s leading intellectual-property litigators, left Weil to start his own firm, Tensegrity Law Group. In leaving Biglaw, he also left behind a stable of blue-chip clients, focusing instead on representing plaintiffs on a contingency basis.

Two years into his new venture, some observers are wondering whether Matt Powers has lost his powers….

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David Bernick

As we mentioned earlier, prominent litigator David Bernick is leaving Boies Schiller for Dechert. Bernick joined Boies Schiller just a year ago, to much fanfare, so some were surprised to see him go so quickly.

But others were not shocked. As the always insightful Alison Frankel observed on Twitter, “Is anyone who knows David Bernick surprised he was mismatch at firm dominated by David Boies?”

Perhaps not. Some of our readers predicted this union wouldn’t last long….

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Yeah, yeah: That title caught your eye.

I thought about titling this column “Litigation Aphorisms,” but who the heck would have read it?

So I went instead with the first of three critical things you should know about litigation, all of which I learned from Neil Falconer when I practiced at the 20-lawyer firm of Steinhart & Falconer in San Francisco back in the 1980s. (I also dedicated The Curmudgeon’s Guide to Neil. He wasn’t a “mentor”; he just accidentally taught young lawyers by osmosis what it meant to be a lawyer.)

Neil’s first aphorism was this: “Never tell a small child not to stick peanuts up his nose.”

Why does that matter?

Or maybe I should start with a more basic question: What the heck does that mean?

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Riddle me this:

Why do you send your emails about our big litigation victories to everyone in the C-Suite, Finance, the Business Leaders, and the rest of the world, with a copy to me, but you send your emails about our big litigation defeats to me alone?

Why do law firm promotional materials always describe recent cases at excruciating length and never briefly offer practical solutions? I might actually read something titled, for example, “Three Policies That You Must Revise Now That The Defense Of Marriage Act Has Been Held Unconstitutional.” (If I received that email, I must have overlooked it.)

Why does your email ask if I’m free at a certain date and time for a meeting without telling me “free for what”? Even if I’m otherwise booked or theoretically on vacation, I’m completely free for the CEO and the Board of Directors. On the other hand, I’m never free for the guy from IT who wants to drone on endlessly about user specifications for the new BPOS platform.

Why do law firms. . .

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Davis Polk: no more Mr. Nice Guy.

Some things haven’t changed at Davis Polk. The genteel, uber-WASPy firm is still a student favorite during on-campus interview season. Perhaps this is because it still puts on a great summer associate program.

At more senior levels, however, Davis Polk is evolving. Under managing partner Tom Reid, the firm is increasingly focused on the bottom line. It’s adding lateral partner talent, which it historically hasn’t done very often, and it’s asking more from its existing partners in terms of business development (and subjecting some less productive partners to, shall we say, heightened scrutiny). It’s offering buyouts — rather generous ones, it should be noted — to reduce the ranks of support staff (and the associated expenses).

The old Davis Polk, prioritizing prettiness and peacefulness over profits, might have quickly and quietly settled a lawsuit with a recruiter, without regard to the legal merits, just to avoid the ugliness. The new Davis Polk, in contrast, won’t go down without a fight….

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On the “Our Professionals” section of its website, Finnegan Henderson boasts that it has “375 lawyers focused on IP.” It may be time to revise that downward: “371 lawyers focused on IP.”

Last night, the high-powered, intellectual-property-focused firm announced four notable partner departures. The Finnegan partners in question practice in the generally hot area of IP litigation (although we’ve heard anecdotal reports of cooling, including stealth layoffs of IP litigators — see here and here).

Who are the departing Finnegan partners, and where are they going?

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