Litigators

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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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….

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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….

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