Litigators

One of the things that was always interesting about Biglaw was just how much the skills of senior partners were celebrated, even in the absence of any verification. Or rigorous comparison to their peers, for that matter. Such exaltation of abilities was not limited to individual lawyers, of course, but extended also to practice groups and even other firms. In fact, a fair amount of Biglaw’s “prestige” is pollinated by secondhand anecdotal evidence, many times passed along by people who have either never seen their subjects in action or who are not qualified to distinguish between a great performance and a mediocre one.

Of course, I do not doubt that many, if not the vast majority of, Biglaw reputations are well-earned. For example, even though my knowledge of real estate law is severely limited, I would feel comfortable hiring some of my old colleagues at Greenberg Traurig in New York for real estate help, should I ever be in a position to acquire or dispose of some commercial real estate. I admit that I have no frame of reference, other than reputation and some personal relationships, supporting such a prospective choice. But it is not like I could “shadow” a closing and figure out which set of lawyers is doing a better job anyway. “Wow, those guys really put out a nice refreshment spread in the room with the closing binders” would be the level of my analysis. Probably not a good idea to choose counsel solely on that basis.

Are there other options out there?

double red triangle arrows Continue reading “Beyond Biglaw: Candid Camera”

One of Biglaw’s calling cards is the ability to marshal resources quickly to handle nearly any kind of legal issue. Going to trial and need some immediate help with responding to a host of motions in limine filed by your adversary? Even in these days of reduced associate classes, at most firms it would be no problem roping in the necessary support. Need to put a team together on short notice to respond to a preliminary injunction motion? Not a problem. An email or two to the head of the group and a fellow partner or two, and you can have all the resources you need.

With some luck, you can even benefit from assistance in multiple time zones, always a plus when dealing with court deadlines in “foreign” jurisdictions, as is commonly the case in patent matters. Just ask any East Coast-based patent litigator whether they appreciate the extra hour for filing they get in their Eastern District of Texas matters. I know everyone is super-organized and never files at the last minute, but sometimes “unexpected delays” can result in a litigator making full use of the allotted response time for a filing or two.

While the Biglaw beast can be roused to quick action on occasion, it often prefers to move very deliberately towards a target. Patent cases are a good example. While there may be a flurry of activity surrounding an important hearing, or the close of discovery, or trial, there is also a lot of “preparing the case” time. Cases that take years just to get to trial are normal, and when you factor in appeals, it is not unusual for a Biglaw patent lawyer to go from associate, to counsel, to partner during the pendency of a single case. I speak from personal experience on that point….

double red triangle arrows Continue reading “Beyond Biglaw: The Need For Speed”

On Tuesday, the D.C. Circuit benchslapped a gaggle of lawyers for filing briefs with excessive acronyms. The court’s per curiam order directed the parties to “submit briefs that eliminate uncommon acronyms used in their previously filed final briefs.”

Alas, attempts to comply with this order have raised a new problem — a problem that some readers saw a mile away….

double red triangle arrows Continue reading “A Benchslap Postscript: Mo’ Words, Mo’ Problems”

The patent world can at times seem very small. The same firms, representing the same group of technology companies, pursuing the same strategies, both to maximize profits for their firms and to deliver results for their clients. Sure people move around, but the players in the larger sense are pretty static. Most patent cases are of limited importance to everyone but the parties involved as well. Sometimes a case has a broader scope, and becomes of interest to industry competitors or even investors. Every once in a while a patent case captures the public fancy, as Apple v. Samsung undoubtedly has, usually because of the nature of the parties involved or the ubiquity of the technology at issue. When that happens, the patent world can seem very big — global in scope, even.

Sometimes a little case can actually turn into a huge deal. When the Supreme Court gets involved, for example. Especially when the issue in the case has far-reaching economic implications for society at large, and not just for the litigants involved. I have seen a number of “big” patent cases during my career, but none has the disruptive potential of a case that is set for oral argument next week in the Supreme Court. From humble beginnings as a declaratory judgment action filed in an unusual forum for patent cases (District of D.C.,) the dispute between Alice Corp. and CLS Bank has grown into one of the most closely-watched and debated patent cases — ever. And deservedly so, because the viability of software patents is on the line. With major ramifications possible: for technology companies of all sizes, IP firms and lawyers, the courts, and the good old global economy as well….

double red triangle arrows Continue reading “Beyond Biglaw: Software Patent Wars”

The D.C. Circuit to counsel: readable briefs or GTFO. From an order filed today:

Who are the parties and their counsel? Additional information and the full order, after the jump.

(Also note the UPDATES — in defense of the lawyers, and floating a theory about the judge behind the benchslap — added to the end of this post.)

double red triangle arrows Continue reading “Benchslap Of The Day: LMAO At D.C. Cir.”

Juan Monteverde and Alexandra Marchuk

Last week, we wrote about lawyers leaving Faruqi & Faruqi, the litigation boutique that’s locked in an ugly legal battle with a former associate, Alexandra Marchuk. Marchuk’s lawsuit accuses F&F partner Juan Monteverde of severe sexual harassment and alleges that the firm’s leaders turned a blind eye to his misconduct.

We asked our readers for more information about the recent Faruqi departures. Well, ask and you shall receive. We have the details on the lawyers who left — as well as info about how Faruqi is looking for laterals, and how much it pays them (hint: not enough)….

double red triangle arrows Continue reading “Faruqi & Faruqi: On The Prowl For Partners?”

Juan Monteverde and Alexandra Marchuk

Alexandra Marchuk’s headline-grabbing lawsuit against her former firm, Faruqi & Faruqi, has generated a lot of headaches for the firm. It has given rise to some bad PR. It has created client concerns. It has distracted the firm from its mission of shaking down corporate America vindicating shareholder rights.

And is it now causing the high-profile boutique to lose lawyerly talent? Here’s what we’re hearing….

double red triangle arrows Continue reading “Alexandra Marchuk v. Faruqi & Faruqi: Are Lawyers Leaving The Faruqi Firm?”

Watching other lawyers in action is fun. Much more fun than watching myself in action, as I have had the opportunity to do on a number of occasions. Such as during my trial training days, when the instructors decided that making us watch clips of ourselves try and conduct a direct examination was valuable. At least they got a kick out of it. But as edifying as watching video of yourself can be, you can learn a whole lot more by watching other lawyers. This lesson was ingrained in me as far back as my 1L “summer clerkship” in New Jersey state court. I remember the clerks gathering around on motion day to check out arguments in front of other judges, mostly to watch the lawyers in action. Ditto for trials.

Of course, once you enter practice — especially in Biglaw, where opportunities to even get out of the office are hard-earned — it becomes even more important to turn opportunities to watch other advocates into learning experiences. Because of the nature of the cases we were handling, many of which involved Biglaw firms of some repute on both sides, there were plenty of opportunities to watch great lawyers in action. Just as frequently, I was able to watch inexperienced lawyers from great firms struggle to get through routine litigation events. I am sure that many other lawyers were forced to endure my inexperienced attempts to handle those events along the way as well. Experienced lawyers just love sitting through a deposition where the questioner spends an hour getting through the educational background of the witness…

double red triangle arrows Continue reading “Beyond Biglaw: Battle Of The Titans”

Remember the pushmi-pullyu?

It can teach you a lesson about the law.

Years ago, I heard the frustrated 60-year-old head of an IP department at a big firm complain: “Aren’t there any other IP lawyers at this firm? Why do I have to decide everything?”

The problem, of course, was that his subordinates were on the wrong end of the pushmi-pullyu: They were pulling the senior guy back instead of pushing him forward. My sense is that the average lawyer, either at a firm or in-house, suffers from the same affliction: The average lawyer stands at the . . . er . . . back mouth of the beast.

I recently published a self-assessment test to help you learn whether you were a bad litigator. I’ve cleverly designed another self-assessment test, this one to gauge whether you advance the cause or obstruct it when you work on a legal matter. Here’s the test:

Look at the last email that you sent reporting on a legal development and seeking guidance on the next step forward. How does that email end? For many of you, the last sentence includes one of these two phrases, which prove that you stand at the pullyu end of the beast . . .

double red triangle arrows Continue reading “On Dr. Dolittle And The Law: Learning To Advance The Cause”

Muscle Milk: drink this and you’ll write awesome pro se briefs.

I’m about to share with you an awesome pro se court filing from a law student who drinks Muscle Milk — enough of the stuff to belong to a class action of Muscle Milk consumers. Please try to envision what this submission might look like.

In terms of the student, I’m imagining a real meathead. He belonged to a frat in college. He’s not a great law student, but his family has connections that will help him land a job post-graduation. His bookshelf looks like this.

As for his pro se filing, it’s probably a tale told by an idiot, full of sound and fury (and Bluebooking errors). The UVA Libel Show would call it a Muscle-Milk-induced “roid rage of shame.”

But no, it’s not; it’s so much better than that. It’s actually a work of genius….

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