Plaintiffs Firms

* Uh oh! The Second Circuit is having a copy/paste problem in that it copied and pasted the wrong legal standard into twelve of its immigration opinions from 2008 to 2012. Embarrassing. [WSJ Law Blog]

* Am Law named the grand prize winners of the magazine’s Global Legal Awards for the best cross-border work in corporate, finance, disputes, and citizenship. Was your firm honored? [Am Law Daily]

* An attorney at this Louisiana law firm was apparently attacked by a co-worker’s husband who claimed that the lawyer was behind his cuckolding. We may have more on this later. [Louisiana Record]

* A computer systems engineer at Wilson Sonsini has been charged with insider trading. This is the second time in three years that an employee from the firm has been charged with this crime. [Bloomberg]

* The best way to navigate common mistakes in the LSAT logical reasoning section is to display your logical reasoning capabilities by not taking the LSAT right now. [Law Admissions Lowdown / U.S. News]

Professors Tim Wu and Zephyr Teachout

* Sweet billable hours: Congrats to Proskauer Rose on its efforts to keep the Buffalo Bills in Buffalo, New York. It’s the largest deal for the sale of an NFL team in history. [Am Law Daily]

* Your firm brings in billions in verdicts, but that’s not prestigious enough. It needs to be on the inaugural list of America’s Elite Trial Lawyers. See if yours made the cut. [National Law Journal]

* The best way to dodge traps in the LSAT analytical reasoning section is to display your analytical reasoning capabilities by not taking the LSAT in the first place during a time when law schools are in turmoil. [Law Admissions Lowdown / U.S. News]

* Law professors Zephyr Teachout (Fordham) and Tim Wu (Columbia) were defeated in the Democratic primary election for New York governor and lieutenant governor, but they lost well. [New York Daily News]

* The world wants to know if Ray Rice can be prosecuted for domestic violence, even though he’s enrolled in a pre-trial intervention program. Like the answer to all legal questions, it depends. [WSJ Law Blog]

Raise your hand if you’ve been to Marshall, Texas. It’s on the eastern edge of the Lone Star State, not far south from Springdale, Arkansas, where Jim Bob and Michelle are raising 19 kids (and hopefully no more), and just west of Monroe, Louisiana, where the Robertsons play whack-a-duck every fall.

I see a few hands raised. Vacationing in Marshall, perhaps? No? Visiting family? No?

Then, I bet you’re patent litigators….

double red triangle arrows Continue reading “The View From Up North: Patent Litigation — Canada Versus America”

Well, it’s only taken a week for ExamSoft to go from a random company whose name you couldn’t remember one week after the bar exam to “ExamSoft: Destroyer Of Worlds.” Today we can report that the first lawsuit has been filed against the company. It won’t be the last.

This is going to be a fun ride, and we are only at the beginning. By next week I predict the counter-narrative to get rolling. Maybe a dean will pen a New York Times op-ed about how kids these days, with their computers and text machines and MyBooks, don’t know how to take “personal responsibility.” Somebody will say that it is the test takers’ fault, for buying a program and having the audacity to believe that it would work as intended.

Looking deeper into my crystal taco, as lawsuits proliferate, there will be a circuit split. The Second and the Seventh will affirm decisions against ExamSoft, while the Third and Fifth will reverse. The Third will say that we need to learn a powerful lesson about our over-reliance on technology, while the Fifth will hold that a reasonable person wouldn’t try to write an essay in the clouds: “that’s pure hogwash,” it’ll say.

Eventually this will get to the Supreme Court, which will rule, 5-4, to relieve ExamSoft of liability. Writing for the majority, Justice Alito will argue: “When a person, such as ExamSoft, fails so spectacularly in its duties, the key question is to determine if that person is a man or a woman. If male, the person’s own sense of shame will be punishment enough. But if female, the Court must teach a lasting lesson. Here, we find ExamSoft to be a male person, and therefore must reverse the trial courts. The students should clearly incorporate themselves if they wish to pursue further remedies.” Concurring in part, Scalia will tell us that the bar has become too easy of a test and ExamSoft merely introduced a greater barrier to entry. Breyer’s dissent will be something like: “I was robbed once just like these test takers and, goodness gracious, it was scary.”

Okay, you’re welcome. Now that we all know where this thing is going, we can savor the wonderful journey together. Let’s look at the first lawsuit….

double red triangle arrows Continue reading “ExamSoft Sued In Illinois”

Chum’s in the water, folks. And here come the sharks.

Since we first learned that ExamSoft ruined the otherwise relaxing experience of taking the bar exam, we’ve anticipated lawsuits. You can’t piss off all the would-be lawyers you can get your hands on and expect to come through un-served. It is known.

One person on Twitter put it this way: “Numerosity, commonality, typicality, adequacy: Pretty sure all harmed #barexam takers could form a class action against @ExamSoft.”

This law firm is happy to get that ball rolling…

double red triangle arrows Continue reading “The Inevitable Trawling For ExamSoft Class Action Participants Has Begun!”

Juan Monteverde and Alexandra Marchuk

Marchuk v. Faruqi & Faruqi, the high-profile sexual harassment lawsuit filed by Alexandra Marchuk against her former firm and one of its most prominent partners, Juan Monteverde, rolls on. Back in January, we covered some of the salacious revelations contained in the summary judgment papers.

You know what would be even more juicy? A trial.

And that’s what we might be getting, in the wake of two blows just dealt to the defendants in this matter….

double red triangle arrows Continue reading “Alexandra Marchuk v. Faruqi & Faruqi: Bad News For The Defendants”

As you know, in this column I examine how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. Hopefully, my columns will encourage and help other lawyers to do the same.

In today’s column you will meet Mitch Jackson, a California personal injury attorney, and will learn how he uses the wearable technology Google Glass in his law firm. Mitch founded his law firm, Jackson & Wilson, Inc., with his wife in 1988. Since then they’ve dedicated their practice to representing victims of personal injury and wrongful death.

It’s entirely possible that you’ve already heard of Mitch. Whether on Twitter, LinkedInFacebook, or YouTube, he has an incredibly strong social media presence. Most recently, part of his online focus has been on his use of Google Glass in his law practice. So of course he immediately came to mind when I conceived of the idea for the column. I knew I had to reach out to Mitch and explore how he uses Google Glass in his practice — and whether the technology is actually useful or whether it’s too nascent to be particularly helpful for lawyers.

double red triangle arrows Continue reading “Today’s Tech: How A California Personal Injury Attorney Uses Google Glass”

* In case you missed this piece of news amid yesterday’s Supreme Court madness, the Tenth Circuit found Utah’s ban on gay marriage unconstitutional. It’s the first federal appeals court to make such a ruling. Hooray! [New York Times]

* “Just about everyone he came in contact with, he managed to corrupt.” Paul Daugerdas, formerly of Jenkins & Gilchrist, was sentenced to 15 years for his role in an $8B fraud scheme. [Businessweek]

* Despite what you may have been led to believe, not all patent awards are as high as those you see in media headlines. Fewer than 2% of infringement cases even result in damages. [National Law Journal]

* When is it okay to turn down a Biglaw offer and head to a plaintiffs firm? Probably when you’re planning to file a massive class-action suit against the MLB on behalf of minor leaguers. [St. Louis Post-Dispatch]

* William Mitchell Law’s new J.D. program is the first of its kind to be approved by the ABA. It’s half online, half on-site (does 9 times count as half?), and we see more like this coming down the line. [U.S. News]

Over the last few weeks, I have been researching law firms and businesses with in-house legal departments. I checked each firm to see if they hired anyone from my alma mater or a comparably ranked school. I also checked the firms’ rankings both in certain specialties and their overall profitability.

Then I tried something more difficult – finding employee turnover rates and overall employee satisfaction. This information is important to me but is pretty much impossible to get without deeper digging and contacting people. The career counselor I talked to gave me some names of people who may be able to get more detailed information. If there was one thing I learned in law school, it was to find the negative information yourself because you should never trust the numbers on a company’s sales presentations and recruiting materials.

After the jump is a small sample of the prospective firms I researched, listed in no particular order.

double red triangle arrows Continue reading “Back In The Race: Occupational Reconnaissance”

A large part of my practice is helping people in trial present their cases with technology. Whether it’s just using a trial presentation program such as inData’s TrialDirector, or developing case themes and graphics to tell the story, it can get pretty pricey sometimes.

Last year in Las Vegas, Richard Suen won a little over $100 million in a jury trial, and the judge gave him back his $593,000 that he spent on his trial presentation.

But, that’s not a lot of help to those who can’t spend six figures on trial presentation to begin with. Naturally, one of the questions I get asked the most is whether you can do awesome trials for cheap. Of course you can….

double red triangle arrows Continue reading “The 3 Most Impressive Things You Can Do In Trial For Cheap”

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