Litigators

Gerald Ung (left) and Edward DiDonato Jr. (right)

This shouldn’t come as a shock; we predicted it last February, when the criminal case ended in acquittal. But Eddie DiDonato Jr., a former lacrosse star at Villanova and the son of a prominent partner at the Fox Rothschild law firm, has filed a civil lawsuit against Gerald Ung, the Temple Law School student who shot DiDonato in January 2010 in the Old City section of Philadelphia.

Gerald Ung isn’t the only defendant. DiDonato is suing a half dozen other parties, relying on various theories of liability. Let’s think of this as a Torts final exam: Who else might DiDonato be suing besides Ung? What causes of action can you see?

Let’s take a closer look at the lawsuit, filed on behalf of DiDonato by one of Pennsylvania’s leading personal injury lawyers….

double red triangle arrows Continue reading “DiDonato v. Ung: The Temple Law Shooter Gets Hit — With a Civil Suit”

In 2009, Professor Martin H. Redish of Northwestern Law School published a book arguing that class actions are in large part unconstitutional: Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit (Stanford Univ. Press 2009). Where is the practicing bar?

I understand that nobody reads law review articles or books published by an academic press. And I wouldn’t condemn any practicing lawyer to reading any issue of a law review from cover to cover. But I don’t think it’s asking too much to insist that lawyers remain gently abreast of the academic literature in their field and deploy new ideas aggressively when scholars propose them. Redish’s book shows why in-house counsel should demand more of their outside lawyers.

This post is a two-fer: I’m going both substantive — by summarizing Redish’s argument about why many class actions are unconstitutional — and pragmatic — by criticizing law firms that ignore ideas springing up in the academy that should be used in litigation. (For me, drafting that two-fer is an unusual trick. As regular readers know, it’s typically hard to find even a single thought tucked into one of my columns.)

What does Redish say about class actions, and how have most law firms been derelict?

double red triangle arrows Continue reading “Inside Straight: Torpedoing Class Actions”

Gregory Berry

As mentioned briefly yesterday, a New York state court judge just dismissed the celebrated lawsuit of Berry v. Kasowitz Benson. As you may recall, a former Kasowitz first-year associate named Gregory Berry, who entered the legal profession after “conquering Silicon Valley,” sued his former firm for over $77 million. In his kitchen sink of a complaint, filed pro se, Berry tossed in some 14 causes of action, including wrongful termination, fraud, and breach of contract.

It appears that Berry’s “superior legal mind” failed to impress Justice Eileen Bransten of New York Supreme Court. Ruling from the bench, she dismissed his entire case, with prejudice.

But that’s not all. Her Honor was displeased when Greg Berry walked out of her courtroom before the hearing was over, while she was still putting her ruling on the record. So later this month, he’ll have to appear before Justice Bransten again and explain why he shouldn’t be held in contempt….

double red triangle arrows Continue reading “Berry v. Kasowitz Benson: Superior Legal Mind Fails to Conquer”

This is a most hellish contraption.

Obviously, the heartbreaking news this morning is that Twinkies is filing for bankruptcy. Don’t act like I’m the only one saddened by this news. The Wall Street Journal reports that Hostess, the maker of the All-American snack, is carrying $860 million in debt and facing higher costs for sugar, flour, and whatever kind of rendered artery fat they inject directly into the center of those things.

Well, as long as SeamlessWeb is operating smoothly, lawyers will still be able to find adequate ways to become soft in the middle.

But not every lawyer. There are still a few legal types out there who take care of their bodies, and I’m not just talking about Reema Bajaj. I’m talking about lawyers who are actual athletes.

It’s a rare breed, but today we’re going to take a look at two of them. One is an Olympian, while the other is just a record-breaking weekend warrior…

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This is not the case for Biglaw partnership (and hasn't been for quite some time).

As mentioned yesterday in Non-Sequiturs, the white-shoe law firm of Milbank Tweed, in a recent press release about its new partnership class, gave a special shout-out to Atara Miller. It identified Miller as “likely the only Orthodox Jewish woman partner at a major Wall Street firm” (emphasis in the original).

The release continued: “Milbank has four other Orthodox partners who cope with the same issues, but each of them has a wife to run the household and children, while Ms. Miller takes on those duties at home.”

A big shot in Biglaw, and a baleboste to boot — that’s nice, very nice. But is it accurate to assert that Miller is unique?

double red triangle arrows Continue reading “Oy Vey! Milbank Mistakenly Touts ‘Only Orthodox Jewish Woman Partner’ in Biglaw”

Cops learn to hate people. Basically everyone they encounter is a criminal, so cops soon come to believe that everyone is a criminal.

Litigators — or perhaps litigators who are repeat players in a particular field — learn to hate people. Personal injury insurance defense counsel come to believe that all plaintiffs are lying fakers. Personal injury plaintiffs’ lawyers come to believe that all insurance defense counsel are tightfisted jerks who never pay a claim.

Maybe this is natural. If you spend eight hours every day repeatedly doing the same thing over the course of many years, you become what you do. It’s hard to break out of your role.

But this can cause trouble for in-house litigators. If you become what you do, consider who in-house litigators learn to hate . . .

double red triangle arrows Continue reading “Inside Straight: Learning Who To Hate”

If you look back at the great law firm departure memos of years past, you’ll see that almost all of them were written by associates. When partners leave Biglaw, they tend to do so in rather staid fashion, presumably because they have less to complain about (although query whether that’s always the case; see, e.g., A Partner’s Lament).

Every now and then, you’ll come across a colorful farewell message penned by a partner. One such email, sent out last Friday by a longtime partner leaving a major law firm, is now making the rounds. Here’s a teaser: “I have realized that I cannot simultaneously meet the demands of career and family. Without criticizing those who have chosen lucre over progeny, let me just say that I am leaving the practice of law.”

Wow. So who’s the partner in question, which firm did he just leave with such flair, and what’s he planning to do next?

double red triangle arrows Continue reading “A Farewell to Remember: One Partner’s Dramatic Departure Memo”

Fiscal year end for us is officially this coming Saturday. Until then we’re expected to be on call 24/7. While it might seem draconian, we’re a sales-based technology company, and the push is on for the “Field” to get their year-end orders completed. I readily admit that being “on-call” just four times per year (three quarter ends and one year end), rather than “all year all the time,” is not a bad deal.

When I was in private practice, you were expected to respond top clients ASAP, if not sooner. It didn’t matter where you were or what you were doing, you had to respond. I brought that attitude with me when joining my current employer. This not only took many of my clients by surprise, but by putting myself out there as a go to attorney 24/7, I find that very few clients actually take advantage of that proposal. Truth be told, I am able to “disconnect” on vacation weeks, and I have forewarned anyone tempted to call me at home that if it isn’t a true emergency, I’ll just put my two-year-old on the phone and let them discuss the latest happenings in rugrat world….

double red triangle arrows Continue reading “House Rules: Year-End Press”

It seems that founding partner John Quinn isn’t the only one at Quinn Emanuel with a surplus of Benjamins right about now. On Friday, the litigation powerhouse announced its 2011 year-end bonus scale — and, for the most part, it’s more generous than the benchmark Cravath bonus scale.

We say “for the most part” because, for associates billing under 2100 hours, the scale is below Cravath — but just slightly. And it’s our understanding that not many QE associates bill less than 2100 hours anyway.

Let’s take a look at the details….

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[We were going to call this post something like "Associate Bonus Watch: Susman Godfrey Beats Cravath Too." But then we felt bad for singling out Cravath for paying unsatisfying bonuses, when so many other Biglaw firms have followed suit. So we went with a tamer title instead.]

Just as it did last year, the powerhouse litigation boutique of Susman Godfrey announced associate bonuses that put the bonus scales of most other firms to shame. Happy Holidays, Susman Godfrey associates!

(By the way, Susman is a firm that celebrates the season in high style. The holiday party of its New York office, catered by acclaimed chef Daniel Boulud, is already legendary, even though it’s of fairly recent vintage.)

So, the Susman bonuses — what are we looking at here?

double red triangle arrows Continue reading “Associate Bonus Watch: Susman Godfrey Pays Ten-Gallon Bonuses (and Announces New Partners)”

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