* In sad news, Judge Harold Baer Jr. died last night. A giant of the Southern District of New York, Judge Baer will be remembered for his sound judicial temperament and his biting wit. [New York Law Journal]
* Paris Hilton hit with $2 million lawsuit for breaching a footwear deal. Does anyone still care enough about Paris Hilton to sign her to multi-million dollar sponsorship deals? [Radar Online]
* Kamala Harris may have a bright future, but her present has some issues. She started a task force to go after foreclosure consultant fraud and managed to pursue only 10 cases, fewer than her colleagues in other states despite California’s foreclosure crisis. Part of having a prestigious job is actually doing it. [East Bay Express]
* A Texas woman has filed suit claiming she was forced to give birth in solitary confinement, begging for — and not receiving — medical care. The baby died. But, hey, the baby came out of her, so it’s not a problem whether it lives any more in conservative Texas. [Feministing]
* Judge allows Bank of America to continue foreclosing on the home of Burt Reynolds. And somewhere Alex Trebek smiles. [WPEC]
* More on the female brain drain at law firms and how to fix it. [She Negotiates]
* 5 awesome charts that prove that patent litigation is officially out of hand. [Vox]
* Ray Rice’s lawyer offers a hypothetical of the videotaped altercation between Rice and his now-wife. This is why lawyers shouldn’t use hypotheticals. [Sports World News]
* Is there really a “third way” when it comes to Net Neutrality? This article makes a good case for rules allowing providers to take reasonable actions to address the different needs of Skype vs. email. [The Hill]
* Law firms are starting to think like media companies. Next thing you know, Biglaw will be all Hollywood. Video after the jump…. [Mimesis Law]
* Supreme Court justices are “basically rewriting the law,” sometimes years after the fact. As it turns out they’ve been quietly “changing the wording of opinions” — sometimes, even our legal idols make mistakes. [New York Times]
* Many law school deans at leading law schools are pretty pissed off about Justice Antonin Scalia’s latest criticisms of the legal academy. Please, continue taking “Law and Unicorns.” It’s a real class, we promise! [National Law Journal]
* Judge Randall Rader, who recently resigned as the Federal Circuit’s chief judge, released a memo to his colleagues apologizing for his scandalous recusals in a pair of patent cases. Poor guy. [WSJ Law Blog]
And let’s not forget: the work can be very, very interesting. For example, imagine being the general counsel or another in-house lawyer at Apple — a company involved in two of the most high-profile litigation battles currently raging….
In case you’re not an intellectual property practitioner, there exists a mythical creature known as a patent troll who resides in the underbelly of the world of legality. Patent trolls are evil beings whose sole purpose in life is to extort money from their victims for no legitimate purpose. These patent holders don’t use their patents to make anything themselves; instead, they assert patent infringement claims against entities that are productive, and often walk away with wads of cash in hand. They frustrate big and small companies alike, and their nefarious deeds can lead to hundreds of thousands of dollars in legal fees over the course of a patent’s lifetime.
Typically those in charge at companies facing a patent shakedown are quick to pass the claims off to their legal teams, but sometimes, enough is enough. Sometimes, a “less than cordial” response is required when one is faced with a patent troll’s irritating threats. Sometimes patent trolls need to be trolled.
Keep reading for an example of a great response to a patent troll….
* Partners from Patton Boggs and Squire Sanders may vote on their merger sometime this week. Get ready to say hello to Squire Patton, House of Boggs, Hodorific of Its Name. [Reuters]
* “[E]xcuse me, sir, you may not be here in five years.” Biglaw firms are becoming more “egalitarian” about office space because attorneys have expiration dates. [National Law Journal]
* After a flat year in 2013, and much to Biglaw’s chagrin, “[i]t is going to be harder to sustain year-over-year profitability gains.” Oh joy, time to power up the layoff machine. [Philadelphia Inquirer]
* Tech giants Apple and Google have called a ceasefire in their dueling patent suits in a quest to reform patent law — and so Apple can concentrate all of its efforts on suing the sh*t out of Samsung. [Bloomberg]
* GM’s in-house legal department is being heavily scrutinized in the wake of the car maker’s ignition switch lawsuit extravaganza. You see, friends, people die when lawyers don’t even bother to lie. [New York Times]
* Donald Sterling found a lawyer willing to represent him, an antitrust maven who thinks the NBA should take its ball and go home because “no punishment was warranted” in his client’s case. [WSJ Law Blog]
* When it comes to billing rates, starting at the junior level, female law firm partners are still lagging behind their male counterparts by an average of 10 percent less. Boo. [Wall Street Journal (sub. req.)]
* Just in time for the graduation of one of the largest law school classes in history, the Bureau of Labor Statistics says the legal sector is shedding jobs. That sucks. Sorry Class of 2014. [Am Law Daily]
* Law school deans are dropping like flies. Since last week, at least three have announced their intention to leave their positions. We know of one more that we may discuss later. [National Law Journal]
* If you want to work as an attorney, your odds are better if you go to a Top 50 law school. Seventy-five percent of Top 50 grads are working as lawyers, compared to 50% of all others. [WSJ Law Blog (sub. req.)]
* The verdict is in on the latest Apple v. Samsung patent case, and Apple is probably pretty miffed it was awarded only $120M this time, since lawyers for the company requested billions in damages. [Reuters]
* Laura LaPlante, a 3L who was set to graduate from U. Chicago Law on June 16, RIP. [Chicago Tribune]
The experience of leaving a Biglaw partnership to start a boutique law firm did not allow me to stop thinking about Biglaw. If anything, I think about Biglaw now more than ever. Because the very nesting grounds that I flew away from, IP litigation departments at national and international law firms, are some of my upstart boutique’s biggest competition for new business. And considering our experience with the first five or so cases that our firm has brought, our adversaries as well. Of course, I continue to work with Biglaw firms as co-counsel on some cases as well.
So I think about Biglaw. How it works, and most often how it fights patent cases. For over a decade I was a Biglaw-branded pugilist, and now that I am on the other side of the ring, I am forced to respect but try and beat the Mike Tyson’s Punchout-worthy cast of characters that Biglaw rolls out on behalf of its clients. There are not many Glass Joe’s in the bunch. Which makes it fun.
I would not have left unless I thought that my partners and I would be competitive — both with Biglaw and with the many quality IP boutiques that have come before us and continue to thrive. But as I think back on how IP litigation practice has changed just in the short amount of time that I have been practicing, I take comfort in the fact that the playing field between Biglaw and boutiques has been leveled across a number of fronts. Two areas in particular deserve focus….
* Justice Scalia was asked, “Why should society be bound by laws that were passed only by white male property owners?” If you guessed he’d eschew a substantive response in favor of a condescending sarcastic quip, you’re right! [Wall Street Journal]
* 2L who based his student government bid around a self-made rap video failed to secure election. He was probably screwed the moment Dr. Dre entered the race. [Daily Business Review]
* Nursing home sued for hiring male strippers for patients. Lawsuit aside, wasn’t it a bit much to make them dress up like Matlock for their act? [NY Post]
* A firm is handing out pairs of Google Glass to clients to record how their injuries impact their daily lives. Next up: a firm specializing in the injuries caused by wearing Google Glass to record how injuries impact daily lives. [Slate]
* Big corporations are filing junk patents. Will anyone put a stop to them? Of course not. [Politix]
* It’s time to put a stop to shady tax preparers ripping off low-income families. That way low-income families can go back to being ripped off by every other avenue of American society. [New York Times]
* Managing your Facebook account can give rise to spoliation. So you’d better be happy with all those pictures you’re tagged in before you get in a legal scrape. [IT-Lex]
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.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.