Litigators

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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Man, I really wish I could sit in the gallery at the Apple v. Samsung trial over the next few weeks. It’s a war zone down in San Jose. In court yesterday, Judge Lucy Koh became “livid” when she found out about a Samsung statement describing evidence that had been ruled inadmissible by the court. She demanded to know John Quinn’s involvement in the statement (Quinn Emanuel represents Samsung), and then she threatened to sanction him. Whoa.

Quinn was ordered to explain himself, and we’ve got the declaration he filed this morning. It’s a doozy, and predictably, the master litigator does not take kindly to, in his words, “media reports… falsely impugning me personally”…

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Back in April, we began covering Twitter’s aggressive litigation against alleged online spammers. The company’s decision to initiate the case made waves, as Twitter declared it was going “straight to the source” of those who provided tools to spam Twitter and worsen its users’ experiences on the site.

In the months since, the case has taken a couple interesting turns. And one of the defendants won’t go down without a fight…

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The case had been tried (to a judge, in a country outside the United States) in 2008.

The potential exposure was, let’s say, material.

One can’t exactly wait with bated breath for four years, but one can be keenly interested in a judge’s decision.

So one can be slightly disappointed when the “re” line of an email from outside counsel reads (in its entirety): “Statement of Decision in BigCo v. YourCo.”

Did we win? No news yet.

Surely the news is just a click away.

But one could be a tad frustrated to read the contents of the email message that followed . . .

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Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, they are collected here.

I want to a be a Biglaw trial lawyer. If you could care less about trial work, but are in Biglaw, feel free to substitute whatever word you want for the word “trial” in the previous sentence — M&A, IPO, appellate, etc.

Why trial work, other than it seems like a good way to put my lack of nervousness when speaking publicly to productive use? Because I have always enjoyed days spent in court, and no matter how much fun it can be to take a contentious deposition or argue a motion, there is simply nothing like the atmosphere, teamwork, and total focus that a trial commands. Toss in the ability to avoid unpleasant obligations by saying “I am prepping for trial,” and the chance for a long vacation afterwards, and you get a great deal Biglaw-wise.

Since Biglaw is not the ideal training ground for trial work, I realize that I need to very flexible and patient if I realistically hope to have a trial practice down the road. In the meantime, I will continue looking for opportunities to work on trials, and I am willing to do some unorthodox things to accelerate my current pace of one trial every five years.

But first, some context….

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The train wreck that is the Department of Justice’s criminal copyright case against Megaupload and its eccentric CEO, Kim Dotcom, is spiraling out of control faster and faster. And I have to admit, as a music-obsessed child of the ’90s and the download era, God, it is fun to watch.

A New Zealand court made another ruling today, and it’s another sledgehammer to the government’s case against the formerly massive cyber locker. Keep reading to see what once was a slamdunk case continue crumbling before our eyes….

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As part of our continuing coverage of Maximus, err, Kim Dotcom, the charismatic, renegade technology leader of Megaupload who appears to be in the process of defying an entertainment empire, let’s take a quick look at the most recent filings in his copyright fight with United States government.

Plus, more importantly, we have a look at Dotcom’s awesome new Twitter feed. Spoiler alert: the account includes photographic evidence of money “laundering,” “racketeering,” and a guest appearance by the Woz…

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I’ve recently heard two seemingly related thoughts: (1) lawyers’ legal skills deteriorate when they go in-house and (2) this makes it harder to move back to a law firm.

I doubt that the difficulty in moving from an in-house job to a law firm (if that difficulty exists at all) has anything to do with one’s skills having deteriorated. Although one headhunter recently told me that it’s hard to go back to a firm after you cross the in-house Rubicon, he insisted that was because most in-house lawyers won’t naturally bring a book of business to the firm that hires them. (I stuck the qualifier “most” in there intentionally. Some in-house lawyers move to a firm, bring the corporation’s legal work with them, and do quite well. But that’s not the typical situation.) It’s no surprise that lawyers who bring clients with them find jobs more easily than lawyers who do not. In-house lawyers often can’t guarantee that business will travel with them, so it’s possible that in-house lawyers are less attractive candidates for firms.

But that’s not my main point today. I also don’t agree that moving in-house automatically causes a lawyer’s skills to deteriorate. How going in-house will affect your skills depends on the nature of your in-house position, how your corporation works, and what skills you’re thinking about . . .

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How would you like to be pursued by the Angel of Death? It doesn’t sound like much fun, right?

But it’s the latest plague to be visited upon certain former leaders of the now-bankrupt law firm of Dewey & LeBoeuf. Former D&L partner Henry C. Bunsow — nicknamed the Angel of Death by Alison Frankel of Thomson Reuters, due to his status as an ex-partner of three failed firms (Brobeck, Howrey, and Dewey) — has sued former leaders of Dewey, alleging that they misrepresented the firm’s finances.

Let’s learn about his allegations, as well as catch up on the latest wranglings in the Dewey bankruptcy case….

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Last week, I headed downtown to meet with Stephen A. Weiss and Eric Jaso, partners at the Seeger Weiss litigation boutique. Weiss co-founded the firm with Christopher Seeger in 1999. Jaso, who just joined the firm from Stone & Magnanini, is a friend and former colleague of mine from the U.S. Attorney’s Office. They kindly agreed to be interviewed about what it’s like to work at an elite, plaintiff-side litigation firm.

Here at Above the Law, we’ve always had strong coverage of the large, defense-oriented firms that collectively constitute Biglaw. In the past few years, however, we have dramatically expanded our offerings related to smaller law firms. We currently have three columnists — Brian Tannebaum, Tom Wallerstein, and Valerie Katz — writing in this space, in addition to the small-firm coverage generated by our other writers.

Consistent with this editorial expansion, I was eager to meet with Weiss and Jaso and hear about Seeger Weiss (which is relatively large for a plaintiffs’ firm, but small compared to a Biglaw firm). I’ve always wondered why more law school graduates don’t go into plaintiffs’ work and why we don’t hear about this side of practice as much. It can represent a chance to do well while also doing good, by vindicating victims’ rights or blowing the whistle on misconduct — especially in the qui tam practice area, a focus of Seeger Weiss.

Here’s what Weiss and Jaso had to say….

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