Litigators

John Keker

I like it when everybody says, ‘This is the worst person in the world — let’s kill him!’ I love to stand between an imperfect human being and the full weight of the hypocritical, holier-than-thou masses.

– Trial attorney John Keker, in a fascinating profile of the man who has represented the likes of Dickie Scruggs, Black Panther leader Eldridge Cleaver, Warren Hellman, and George Lucas.

Ed. note: A sizable chunk of the Above the Law readership consists of partners at large law firms. Please welcome our newest writer, Anonymous Partner, who will write a candid column speaking to this demographic.

It’s about time. Time for someone like me to offer some perspective on what being a partner is, can, and should be all about. Time to leverage Above the Law’s bully pulpit to give a voice to current and future senior-level legal industry players (in addition to the valuable but inherently distanced insights of former partners, consultants, and law professors). Where a managing partner, or a general counsel, or even a newly-minted partner can let me, and by extension you, know what is really going on in this centaur-like hybrid of a business/profession. Where we can discuss what works, what is broken, and whether buying in to Biglaw is something to celebrate or to pity.

Now, Biglaw has signed all my paychecks, and it is where I have cast my lot until now, so Biglaw is what this column will discuss. And because my name does not stare back at me in gold-plated glory when I step off the elevator in the morning, this column will have to be anonymous, at least for the initial stages. Being anonymous will allow me to be as candid as possible when sharing my thoughts with you.

That said, you deserve to know at least a little about me….

double red triangle arrows Continue reading “Buying In: A Partner’s Perspective”

For a litigator, DLA Piper partner Laura L. Flippin didn’t do herself any favors on the stand.

As we mentioned in Non-Sequiturs last night, Judge Colleen K. Killilea of Virginia’s 9th Judicial District accused Flippin — an ATL fan favorite, and former lawyer of the month — of lying under oath. Judge Killilea then found Flippin guilty of public intoxication.

We first wrote about Laura Flippin back in October, when she was arrested for public intoxication after an event for her undergraduate alma mater, William and Mary. Police reports claimed that Flippin blew a .253 BAC and needed help standing up.

But when she was on the stand, here’s what she told the judge about how much she had to drink….

double red triangle arrows Continue reading “DLA Piper Partner Accused Of Lying Under Oath About How Much She Had To Drink”


Last week, the New York Times, the Wall Street Journal, and the American Lawyer all mentioned an unusual debt in the bankruptcy case of Dewey & LeBoeuf. A former D&L associate, Emily Saffitz, was listed as being owed $416,667 — a sum big enough to put her in the top 20 unsecured creditors of the firm. This was apparently due to a “severance arrangement.”

Why did Dewey agree to pay an associate from the class of 2006 more than $400K in severance? According to the Times, Saffitz received this severance agreement after she “complained over how she was treated by a former Dewey partner and told the firm’s management.” According to the Journal, she filed “a complaint regarding sexual discrimination by a Dewey partner who is no longer with the firm.”

Inquiring minds want to know: Who was the partner in question? And what did he allegedly say or do to Emily Saffitz?

Finding out such details is difficult. Settlements in cases of alleged sex discrimination or sexual harassment often contain non-disclosure or non-disparagement provisions that prevent the parties from speaking about what took place.

So we didn’t expect we would ever find out which former Dewey partner triggered complaints from Emily Saffitz. Until, well, he emailed us….

Multiple UPDATES, after the jump.

double red triangle arrows Continue reading “Dewey Know A Partner Whose Alleged Actions Led to a $400K ‘Severance Arrangement’?”

Based on the number of submissions we’ve received — please don’t be offended if yours doesn’t make the cut — it seems you’re enjoying our Law License Plates series. Our last post on law-related vanity license plates was a little over a week ago, but we’re always looking for more photos. You can send them via email (subject line: “Vanity License Plate”).

Today, we’ll be writing about lawyers who spend so much time in the courtroom that they’ve decided to slap a verdict on their license plates — literally. And from the looks of it, these litigators’ verdicts have resulted in some pretty big monetary payouts. Unfortunately, it looks like only one of them could afford the “i”….

double red triangle arrows Continue reading “Law License Plates: The Verdict Is In”

We have been covering the Justice Department’s case against Megaupload, the formerly massive file hosting site, ever since the government shut it down in January.

We have seen the government’s piracy case devolve from a slamdunk into a slopfest with what appears to be less and less of a chance of successful prosecution. Although charismatic CEO Kim Dotcom is still under house arrest in New Zealand, judicial officials there are getting frustrated with the United States. And the company’s attorneys at Quinn Emanuel are still continuing their assault against the Feds. The firm filed two important briefs yesterday, which could significantly impact the future of the case…

double red triangle arrows Continue reading “The Justice Department Appears to Be Losing the Battle Against Megaupload”

It is no secret that electronic discovery is not exactly fun or glamorous work. Entry-level associates who have to do document review almost universally hate it. But how important is it, really? Can one deny that e-discovery has become a crucial part of the litigation system?

Has it become important enough to merit its own class in law school? At least one Midwestern law professor thinks so. Read about his plan to integrate it into his law school, and let us know your opinion in our reader poll

double red triangle arrows Continue reading “Law School Classes on Electronic Discovery: Important and Informative, or a Waste of Time? Discuss Amongst Yourselves”

The supremely successful Quinn Emanuel, one of the nation’s leading litigation firms, is known for many things within Biglaw. It secures amazing results for its clients, which help generate sky-high profits per partner. It pays its associates well; it’s one of the few firms providing spring bonuses this year (along with Sullivan & Cromwell). And it enjoys a reputation for innovation, a willingness to experiment with new things (e.g., a revamped recruiting model, a founding partner on Twitter).

Interestingly enough, despite the firm’s flashiness, Quinn also has an academic bent. The QE partnership includes such scholars as Kathleen Sullivan, former dean of Stanford Law School (and the first female name partner in the Am Law 100), and Susan Estrich, who still teaches at USC Law.

Joining these leading litigatrices is another prominent professor, with an international orientation….

double red triangle arrows Continue reading “Musical Chairs: Quinn Emanuel Picks Up Another Law Professor”

Tom Wallerstein

As readers of this site’s “Lawyer of the Day” posts everyone knows, lawyers and their clients can be guilty of all kinds of outrageous behavior. Litigation especially, with its inherently adversarial nature, seems to bring out the worst in people.

Bad behavior by lawyers comes in many forms. To non-lawyers, most if not all lawyers are jerks or worse. All bad behavior by lawyers is lumped together. But there are important differences.

A lot of bad behavior should be avoided simply because it is counter-productive. For example, an attorney may refuse to offer voluntary extensions of time to respond to discovery, or to a complaint. Aside from violating a principle of professional courtesy, that behavior also is ultimately self-destructive. In litigation, what comes around goes around, and granting extensions of time that will not prejudice your client is a prudent way to ensure later modest courtesies for yourself when needed.

Declining modest extensions to respond to discovery requests is especially unwise, as the responding party can always just serve objections, with the intention of serving substantive responses before a motion to compel can be filed. Because there is no instantaneous remedy for a failure to serve substantive responses, you often have little to gain by refusing a request for a modest extension of time.

Continue reading to find out when bad behavior crosses the line….

double red triangle arrows Continue reading “From Biglaw to Boutique: Crossing the Line”

I got caught.

In a column last week, I criticized a brief for using the alphabetical short form “EUSLA” to signify “end user software license agreement.” Depending on the circumstances, I suggested, one might shorten the name of that contract to “agreement,” “license agreement,” or “software license agreement,” but “EUSLA” just doesn’t work — it’s meaningless alphabet soup that doesn’t help the reader of a brief.

As I said, I got caught: The lawyer who had drafted the brief read my column, cleverly figured out who I was criticizing, and called to take issue with me. (Serves me right for using real-world examples in this forum, I suppose.)

“You’re wrong, Mark,” my outside counsel said. “We called that contract an ‘EUSLA’ in all of the depositions in the case. When we quoted deposition transcripts in the summary judgment brief, those quotations called the contract an ‘EUSLA.’ We would have confused things if we called the contract an ‘EUSLA’ in the deposition excerpts and a ‘software license agreement’ in the rest of the brief. ‘EUSLA’ was the right choice.”

This conversation illustrates, first, why you shouldn’t quarrel with me while I have this nifty megaphone at Above the Law and you’ve got bupkis; I can’t possibly lose. And the conversation illustrates, second, the meaning of “digging yourself into an even deeper hole.” “EUSLA” is the wrong short-form in a brief, and your earlier mistakes don’t justify your later one . . .

double red triangle arrows Continue reading “Inside Straight: On EUSLAs, Depositions, And Trials”

Page 24 of 411...202122232425262728...41