For those of you who haven’t tuned out Jarndyce v. JarndyceChevron Corp. v. Donziger, the never-ending litigation between oil giant Chevron and plaintiffs’ lawyer Steven Donziger, today brings some news. It shouldn’t come as any surprise to those who have been following the case, but Judge Lewis Kaplan (S.D.N.Y.) just ruled in favor of Chevron, enjoining Donziger and his Ecuadorean-villager clients from trying to enforce here in the United States the multi-billion-dollar pollution judgment they secured against Chevron in Ecuador — a judgment that was the result of fraud, according to Judge Kaplan. (Links to coverage and to the parties’ reactions to the ruling appear at the end of this post.)
The Chevron/Ecuador case is one of those matters that’s most interesting to those who are actually involved in it; to the rest of us, it’s a lot of noise. Speaking for myself, I’m interested in only two aspects of it: (1) its impact on the revenue and profit of Gibson Dunn, which has been litigating the case aggressively on behalf of Chevron, and (2) its meaning for the deeply troubled law firm of Patton Boggs, which made the ill-advised decision to align itself with the Ecuadorean village people.
In a media call this afternoon that I joined, Chevron’s general counsel, R. Hewitt Pate, declined to discuss the size of the company’s legal fees in the litigation. So we’ll have to focus on that second item: the bog that is Patton Boggs. Which right now looks like the Lago Agrio oil field, prior to remediation….
* A guy who tried to get on the bench more than once was just busted in a prostitution sting. Oops. He also spells his name weird. [The Press Democrat]
* Tomorrow, Gibson Dunn partner Miguel Estrada will argue before the Second Circuit that private parties can’t get injunctions under RICO. For those keeping score, Gibson Dunn partner Randy Mastro hangs his whole case in Chevron v. Donziger on a request for an injunction under RICO. Time to play the Distinguish Polka. [Courthouse News]
* Wait until the RIAA realizes there are royalties to be made at CIA black sites in Uzbekistan. Because the only thing more torturous than being forced to listen to this music is the tenacity of the RIAA. [Slate]
* More on the legislative fight over accrual accounting versus cash-basis accounting for Biglaw firms. To the barricades! Swear your allegiance to Generalissimo MacEwen! [Adam Smith, Esq.]
* Parties in Utah’s gay marriage case are boosting their legal backbones. Utah picked up Gene Schaerr, of Winston & Strawn, who is leaving the firm to serve as lead outside counsel. [WSJ Law Blog (sub. req.)]
* New Jersey Gov. Chris Christie called upon Randy Mastro of Gibson Dunn to assist with Bridgegate’s fallout. Because messing with people’s commutes into New York City is that big of a deal. [Am Law Daily]
* Come next year, Yale Law School will be joining the majority of law schools located on this planet by holding its fall finals before winter break. They’ll still be studying anyway… just for fun! [Yale Daily News]
* “Being in Portland … is hard to facilitate when you are based in Eugene.” Oregon Law, sadly unable to master the fine art of teleportation, will allow students to take their 3L classes in Portland as soon as in 2015. [National Law Journal]
* Courtney Love was in court this week testifying in the first “Twibel” (Twitter + libel) trial in the nation. Oh, that’s so interesting, but what America really wants to know is what she was wearing. [Businessweek]
Mayor Michael Bloomberg takes a lot of heat. From the smoking ban, to the soda limit, to the bike share program, it seems like nothing he supports can avoid polarizing the public. I’m not defending every idea that the diminutive Mayor Tyrion proposes, just noting that every idea gets a lot of flack.
Bloomberg is so opposed in some corners that a Biglaw firm has taken directly contradictory positions against the city just to stick it to Bloomberg. And like many of Bloomberg’s rivals, the firm got smacked down by the courts.
It didn’t help the anti-Bloomberg brigade to submit a filing complete with some embarrassing typos…
Under what circumstances would you see Gibson Dunn and Keker & Van Nest going up against each other? They’re two of the top litigation firms in the country, known for racking up victories in trial and appellate courts across the land. But they don’t come cheap.
Well, what if the issue was the enforceability of an $18 billion judgment, obtained in a foreign jurisdiction, that the plaintiffs are trying to enforce here in the United States? A highly questionable judgment, which the defendants are challenging on the grounds that it was the product of fraud and falsified evidence?
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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.
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.