Did you know that for years, the U.S. Patent and Trademark has operated almost entirely out of one location in northern Virginia? Kind of odd, seeing as out in California we’ve got that whole Silicon Valley thing going on. And Virginia is kind of far away.
But, no longer. The PTO announced that it is opening several new offices across the country. Can you guess where?
* Only 44% of Americans approve of how the Supreme Court is doing its job, but that’s probably because the other 56% wouldn’t know what the Supreme Court was unless the justices were contestants on a reality show. [New York Times]
* Having nothing to do with the outcome of this Tenth Circuit appeal, apparently a juror in the underlying case had no idea when the First Amendment was adopted. As Bush II would say, is our children learning? [U.S. Tenth Circuit / FindLaw]
* Who’s going to win the “Super Bowl” of Android patent trials? Nobody. Judge Richard Posner has issued a “tentative” order which noted that both sides of the Apple/Google case ought to be dismissed. [Reuters]
* U. Chicago Law revolutionized the field of law and economics, but much to the school’s chagrin, everyone copied them. Now they’re thinking up new ways to do the same things. Gunners gotta gun. [Businessweek]
* Say hello to Mary Lu Bilek, the woman who’s been appointed as the new dean of UMass Law. Hopefully she’s not keen on using school credit cards for personal spending like the last dean. [Wall Street Journal]
* Occupy Wall Street protesters can’t sue NYC, its mayor, or its police commissioner, but they can sue the police. And with that news, “F**k tha Police” was sung in drum circles across the tri-state area. [Bloomberg]
* Secret Service Director Mark Sullivan apologized before a Senate panel for his agency’s prostitution scandal. We bet that you’d be “deeply disappointed” too if your employees were caught stiffing a hooker on her bill. [Miami Herald]
* Day four of jury deliberations in the John Edwards campaign finance trial closed yesterday without a verdict. The former presidential candidate is probably just waiting to pack it in, get this jury declared hung, and call it a day. [CNN]
* “This case is maybe something like a near disaster for Oracle.” A jury ruled unanimously that Google didn’t infringe Oracle’s Java patents in developing its Android software. Maybe they weren’t evil after all. [Bloomberg]
* A record low of 41% of Americans call themselves “pro choice” when it comes to abortions, and only a little more than half think it should be legal under “certain circumstances.” What is this, Roe v. World? [Reuters]
* Chief Judge Jonathan Lippman put together a task force to make recommendations on how to implement New York’s new pro bono prerequisite. Please let them take law school clinic hours. [Corporate Counsel]
* Remember the lawyer who sued his posh fitness club over its failure to provide free breakfast? Not only is his suit now toast, but he also has to fork over some cash to the club’s lawyers. [New York Daily News]
The renowned IP litigator Matthew Powers, founding partner of Tensegrity Law Group, has a nickname here at Above the Law. We like to call him Matt “Pimp Hand” Powers. Back in 2008, a paralegal at Weil Gotshal alleged in a lawsuit that Powers, former cochair of litigation at Weil, ruled over his domain by alternating between use of the “pimp hand” and the “mojo hand.” The “pimp hand” was used to intimidate and coerce, while the “mojo hand” was used to stroke and cajole.
Over the years, numerous litigants have felt the sting of Powers’s pimp hand. He has been described, quite accurately, as “one of the most feared, respected, and successful patent litigators in the country.” As noted on his website bio, Matt Powers “is known for taking tough cases to trial and winning them,” on behalf of leading technology companies like Apple, Oracle, Microsoft, and Intel.
But now the tables have turned. Powers recently found himself on the receiving end of a benchslap — from a lowly administrative law judge, ick….
Today we bring you good news and bad news from Dickstein Shapiro, a prominent Am Law 200 firm headquartered in Washington, D.C. (with offices in five other locations). Let’s start with the good news.
The good news: last month, the firm brought associate salaries up to the market scale (i.e., $160K for first-year associates, $170K for second-years, $185K for third-years, etc.). As you may recall from some of our prior coverage, for a time Dickstein was paying below-market salaries, pursuant to a non-lockstep compensation system.
(A pay-related aside: it seems that we never covered the most recent bonus cycle at Dickstein. If you have info you can share, on bonuses or salaries or anything else about the firm, please email us, subject line “Dickstein Shapiro.”)
* Yahoo! continues to try to save its fading empire… by filing a patent lawsuit against Facebook. [Dealbook / New York Times]
* Dispatch from SXSW: employing homeless people as Wi-Fi hotspots. I see no problems here. [New York Times]
* Dick Cheney has canceled a trip to Toronto. Because Canada is “too dangerous.” It’s actually kind of reassuring that the former Vice President, who drunkenly shot his friend in the face with a shotgun, is just as much of a wuss as the liberals he has mocked for the last 12-odd years. [National Post]
* A new United Nations report says Wikileaks suspect Bradley Manning endured “cruel, inhuman and degrading” treatment during the months he was incarcerated before his trial. The report comes just in time for the Department of Defense to completely ignore it and continue throwing the book at Manning. [Threat Level / Wired]
Law is not like baseball. A lawyer cannot play for one team, make a name for himself, build a local following, and then jump ship and join the New York Yankees, only to come back next season to destroy his old teammates.
In law, once you represent a client for a significant amount of time, you can’t simply oppose them down the road, even if they are no longer your client and you now work at a new firm. Obvious, right?
Unfortunately for several former DLA Piper attorneys, something there got lost in translation. A federal judge in San Francisco booted the lawyers, now at the litigation boutique of Feinberg Day, from a patent dispute involving Toshiba and Talon Research. It turned out that the attorneys, who represented Talon Research, had logged more than 3,000 hours for Toshiba when they were still at DLA. Not good.
On Friday, U.S. District Judge Lucy Koh made a significant technological blunder in a patent case between two of Silicon Valley’s heaviest hitters. Yet her mistake is almost quaint. It harkens back to an earlier, simpler time –– like, pre-2006. When legal technology was a bit more primitive, and, more specifically, when the legal profession was still learning to master PDF files.
So, what did she do? Let’s just say she couldn’t keep a secret….
At the Legal Technology Leadership Summit opening reception on Tuesday, I struck up a conversation with a friendly young lawyer. He won immediate social coolness points for several reasons: He has a beard. He’s from the East Bay, like me. He runs a solo practice, and he had some good stories about lawyers following unique, non-lawyerly paths (which we might mention in future posts).
Needless to say, I was surprised to walk into Thursday’s keynote discussion, “Qualcomm Revisited: When Lawyers Face Discovery Sanctions,” and discover that this attorney was actually the youngest member of the Qualcomm Six.
Adam Bier was still a self-described “baby lawyer” when he was wrongfully sanctioned in the landmark 2008 Qualcomme-discovery case. Kashmir Hill interviewed him early last year, when the appealed sanctions were finally vacated, more than two years after they were first imposed. Bier shared his story with conference attendees, joined onstage by U.S. Magistrate Judge David Waxse and Frank Cialone of Shartsis Friese, who defended several of the outside counsel in Qualcomm.
After the jump, learn the details of Bier’s nightmare experience. Can you imagine yourself in his shoes?
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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