• Teamwork always wins the day

    Litigators, Patents, Small Law Firms, Technology

    Beyond Biglaw: Defining A Litigation Victory

    The latest Federal Circuit ruling in the long running Apple v. Samsung patent saga presents an opportunity to discuss what it means to win in litigation.

    13 Comments / / Sep 22, 2015 at 11:31 AM
  • 'Would you like fries with that, Your Honor?'

    Biglaw, Crime, English Grammar and Usage, Fast Food, Federal Judges, Morning Docket, Patents, SCOTUS, Screw-Ups, State Judges, State Judges Are Clowns, Supreme Court

    Morning Docket: 06.25.14

    * With OT 2013 drawing to a close, here’s a nifty chart that shows which Supreme Court justices vote together most and least often. The division is real, people. [The Upshot / New York Times]

    * “Not only do they have unique interpretations of the Constitution but they can’t even agree on how to pronounce words.” Listen to our SCOTUS justices flub the word “certiorari.” [Legal Times]

    * Quinn Emanuel and Samsung must now pay more than $2M in sanctions to Nokia and Apple after leaking confidential, “attorneys’ eyes only” information in a discovery blunder. Oopsie! [Legal Week]

    * “Why can’t you get a real job?” This judge — the same one who sentenced a rapist to just 30 days in prison — told a fast-food worker to get a better job to pay off his restitution more quickly. [Billings Gazette]

    * If you think you’ve seen the best of the “Law and ______” classes, you ain’t seen nothing yet. Say hello to some newcomers, like Video Game Law and Law of Robots. Justice Scalia is pissed. [WSJ Law Blog]

    3 Comments / / Jun 25, 2014 at 8:32 AM
  • Apple logo 2

  • En garde, esquires of the Biglaw realm!

    Basketball, Biglaw, Cars, Google / Search Engines, In-House Counsel, Law Firm Mergers, Law Firm Names, Money, Morning Docket, Patents, Patton Boggs, Racism, Real Estate, Technology

    Morning Docket: 05.19.14

    * 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]

    0 Comments / / May 19, 2014 at 9:12 AM
  • Quinn Emanuel Urquhart Sullivan small

    Biglaw, Intellectual Property, john quinn, Litigators, Technology, Trials

    John Quinn Likens Case To Vietnam — Hopefully With Less Napalm

    Don’t you just love the smell of IP litigation in the morning?

    24 Comments / / May 7, 2014 at 2:11 PM
  • U.S. Attorney Preet Bharara

    1st Circuit, American Bar Association / ABA, Asians, Bankruptcy, Biglaw, California, Judicial Nominations, Jury Duty, Law Professors, Malpractice, Morning Docket, Politics, S.D.N.Y., Technology, Trials

    Morning Docket: 05.06.14

    * U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times]

    * The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog]

    * Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post]

    * Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal]

    * Drones could claim another victim: the First Circuit nomination of Harvard law professor David Barron. [How Appealing]

    * Who still wants a landline phone? The jury foreman in the latest Apple-Samsung battle, who is sick and tired of cellphones after the month-long trial. [The Recorder (sub. req.)]

    * Not such a Great Adventure: “Cadwalader To Pay $17M In Six Flags Malpractice Fight.” [Law360 (sub. req.)]

    1 Comment / / May 6, 2014 at 9:22 AM
  • 'I can't decide what kind of phone

    Cellphones, Federal Judges, Patents, Quote of the Day, Technology, Trials

    Federal Judge Shames Attorneys For Phone Use During Tech Trial

    Put those phones away, lest you anger this judge.

    10 Comments / / Apr 9, 2014 at 4:29 PM
  • Amanda Knox

    Benchslaps, Biglaw, Drugs, Football, Job Searches, Law Schools, Morning Docket, Murder, Prostitution, Sex, Sports, State Attorneys General, Technology, Trials

    Morning Docket: 01.31.14

    * Quinn Emanuel got a pretty harsh benchslap from Judge Paul Grewal over its litigation strategy in the Apple / Samsung case, calling it “650 lawyers wide and one lawyer deep.” Sick burn, Judge. [Courthouse News Service]

    * At Cardozo Law, Jordan Belfort’s former lawyer says that the movie Wolf of Wall Street “played down the sex and drugs.” Dear Lord, if that’s the case, Leo’s muse should be happy he’s alive. [DealBook / New York Times]

    * “I’ve been around the block. And I’ve never seen an attorney general sanctioned.” Ahh, the rarest rose. Nevada’s AG was sanctioned for failing to provide evidence in a fraud case against a mortgage lender. [Forbes]

    * Eighteen people were arrested for their alleged attempts to market and sell Super Bowl “party packs” to football fans. It’s pretty sick, but you’d got to admit that hookers and blow beat wings any day of the week. [Bloomberg]

    * Law schools in the Southeast closed their doors because their states were “unequipped for dealing with the roadways.” Send them up here, we’ve got school when there’s a foot of snow. [National Law Journal]

    * A recent grad of a “good school” wanted to know how to get a job, so she asked an advice columnist. Here are five of the suggested jobs she probably already applied to and was rejected from. [Fortune]

    * The third time’s apparently the charm in Italy: Amanda Knox was convicted of murder, again. Foxy Knoxy must be pissed that her case has turned into an extradition question on an international law exam. [CNN]

    15 Comments / / Jan 31, 2014 at 8:57 AM
  • Sarah Jones

    6th Circuit, Bankruptcy, Biglaw, Defamation, Fashion, Free Speech, Law Schools, Media and Journalism, Morning Docket, Patents, Technology

    Morning Docket: 12.09.13

    * After its patent battle in the courts, Apple wants Samsung to pay for a portion of MoFo’s legal fees. When you think of it, $15.7 million is a rather piddling amount when full freight is $60 million. [The Recorder]

    * Say goodbye to your pensions! As it turns out, law review articles aren’t so useless after all. Detroit’s foray into Chapter 9 eligibility is the brainchild of a Jones Day partner and associate duo. [Am Law Daily]

    * It must be really stressful to plan a wedding when your defamation victory is on appeal to the Sixth Circuit. The latest chapter in the Sarah Jones v. case could mean curtains for online speech. [AP]

    * When it comes to their credit ratings, stand-alone law schools are getting screwed due to their inability to put asses in their empty seats. Four out of five schools profiled could be in big trouble. Which ones? [WSJ Law Blog (sub. req.)]

    * “You need to not dress like that.” TMZ’s attorney, Jason Beckerman, is an alumnus of Kirkland & Ellis, and he was quickly advised by a producer that he needed to lose his lawyer duds. [California Lawyer]

    5 Comments / / Dec 9, 2013 at 9:00 AM
  • iStock_000016807530XSmall

    2nd Circuit, Fashion, Jury Duty, Law Schools, Non-Sequiturs, Sexual Harassment, Shira Scheindlin, Student Loans, Technology

    Non-Sequiturs: 11.26.13

    * Santa Claus arrested for sexually harassing an 18-year-old elfette. She started getting suspicious when he kept looking at her and proclaiming “Here Cums Santa Claus.” [The Smoking Gun]

    * Atlanta jury questionnaire lists “slave” as an occupational option. There’s a lot of outrage, but they were just covering their bases — a potential could have just moved there from Mississippi. [11 Alive]

    * Speaking of juries, a long-time prosecutor ends up on a jury and sums up the 10 things he learned from his jury experience. [Texas Evidence]

    * The Second Circuit’s decision to remove Judge Scheindlin from the stop-and-frisk case was bad enough — especially since it was an unprecedented overreach for a circuit panel when no one requested her removal — but its true cost is in chilling justice down the road, when judges start to look over their shoulders for fear that an activist appellate panel is out to get them. [WiseLawNY]

    * Interesting question: what do you wear under a 3/4-sleeved blazer? I’d wear a T-shirt that says, “I give 3/4 of a damn today,” but most lawyers would disagree. [Corporette]

    * Apple hired CPA Julie Davis as a damages expert in its case against Samsung. Whatever she was paid, it wasn’t enough — the jury singled out Davis as the reason they awarded Apple $290 million. [The Expert Institute]

    * Remember when we talked about how much the government profits off your law school debt? Well, the totals are in, and the government pulled down $41.3 billion off you this year. [USA Today]

    * In the spirit of funny flowcharts, here’s a decision tree to help make that decision about going to law school. Image after the jump…

    This came to us courtesy of a 2L at a T14 law school who asked to remain anonymous (click for a larger version of the image):

    3 Comments / / Nov 26, 2013 at 5:14 PM
  • Kent W. Easter

    Attorney Misconduct, Biglaw, Deaths, Insider Trading, Law Professors, Law Schools, Money, Morning Docket, Patents, Trials

    Morning Docket: 11.22.13

    * Former U.S. Attorney Neil H. MacBride will be joining Davis Polk as a partner in the firm’s white-collar defense practice. Nice work, DPW — he’s actually kind of cute. Earn back that rep! [DealBook / New York Times]

    * Matthew Kluger, most recently of Wilson Sonsini, was disbarred in D.C. following his insider trading conviction. His criminal career apparently began while he was still in law school. Sheesh. [Blog of Legal Times]

    * Kent Easter, he of the “I am but a spineless shell of a man” defense, was just on the receiving end of a mistrial. It seems the jury was totally deadlocked. Guess they felt bad for him. [Navelgazing / OC Weekly]

    * The Iowa Law Student Bar Association supports the school’s decision to cut out-of-state tuition by about $8,000 because to stand against such a measure would be absolutely ridiculous. Congratulations on not being dumb. [Iowa City Press-Citizen]

    * Apple won more than $290 million from Samsung in its patent infringement retrial. Siri, tell me what the fifth-largest jury award in the U.S. was in 2013. OMG, I didn’t say delete all my contacts. [Bloomberg]

    * The trial for James Holmes, the shooter in the Aurora, Colorado movie theater massacre, was delayed by a judge until further notice. A hearing has been scheduled to reassess the situation in December. [CNN]

    * Myrna S. Raeder, renowned expert on evidence and criminal procedure, RIP. [ABA Journal]

    7 Comments / / Nov 22, 2013 at 9:09 AM
  • Does this man look like a criminal? A Bond villain, maybe...

    9th Circuit, Disasters / Emergencies, Intellectual Property, Jay Bybee, JPMorgan Chase, Jury Duty, Non-Sequiturs, Technology

    Non-Sequiturs: 11.20.13

    * CeeLo Green, through his attorney, tells the judge and prosecutors in his criminal case to, um, Forget themselves. He’s miffed that the judge and prosecutors set up cameras during his arraignment and left themselves out of the shot creating a false impression of guilt. This marks the first time this guy didn’t want a camera fixated solely on him. [TMZ]

    * Samsung wants a mistrial in its case with Apple because Apple’s attorney, Harold McElhinny, implied in his closing argument that American-made jobs building TV sets moved overseas because companies failed to protect intellectual property. Samsung is arguing that this is racist. [Bloomberg]

    * Remember the matter of the attorney supposedly stalking a jury? Well, the judge has overturned the verdict over it. [Courthouse News Service]

    * A week in the life of a Biglaw litigation associate. It’s a decent list, but where were the Thursday Night Football and Netflix? You’ll see what I mean in the next story. [Big Law Rebel]

    * JPMorgan is awfully sorry for making the conscious decision to sell toxic securities that helped destroy the economy. “Our bad, y’all!” [Gawker]

    * The justices who penned Bush v. Gore shamelessly admitted how terrible the decision was by trying to claim it had no precedential value. Unfortunately, no one listened to them. [Mother Jones]

    * In addition to the many law firms that are contributing to Typhoon Haiyan relief efforts, several Asian-American lawyer groups are organizing a fundraising event this coming Monday. If you’re in New York, please consider attending! [Facebook; AABANY]

    * In sad news, the son of Ninth Circuit Judge Jay Bybee shot and killed himself in the courtyard of the LDS Temple in Henderson, NV. Our thoughts are with Judge Bybee and his family. [Las Vegas Review-Journal (gavel bang: Las Vegas Law Blog)]

    0 Comments / / Nov 20, 2013 at 5:02 PM
  • Ted Cruz

    9th Circuit, Biglaw, Crime, Insider Trading, Job Searches, Law Firm Mergers, Law Schools, Morning Docket, Patents, R. Ted Cruz, Sports, Technology, Trials

    Morning Docket: 11.11.13

    * After months of gains, the legal industry lost 900 jobs in October, just as some of the big state bar exam results came out. We imagine the folks who rallied for the 10-months-after-graduation employment statistic are as pleased as punch. [Am Law Daily]

    * “How do we find a new inventory of high net worth clients?” The answer for Kelly Drye was really quite simple: it seems that pro athletes are willing to pay just about anything to keep themselves from going bankrupt. [Capital Business / Washington Post]

    * “I don’t know why it’s better to use a bigger firm.” When it comes to the latest law firm mega-mergers, some say that it’s not the size of the boat, but the motion of the ocean. [Wall Street Journal (sub. req.)]

    * It’s like Groundhog Day for these Biglaw attorneys: Apple and Samsung are preparing for the “patent trial of the century,” part deux, and both MoFo and Quinn Emanuel have enlisted new lineups. [The Recorder]

    * SAC Capital’s general counsel is okay, “[a]ll things considered.” His painful appendectomy is nothing compared to the $1.2 billion his hedge fund has to pay the government. [DealBook / New York Times]

    * Ted Cruz might be an “AASS,” but he’s done at least one awesome thing in his life. He once drank so much Everclear that he completely ruined a play put on by the Harvard Law drama society. [Boston Globe]

    * The Z-list actress who sued IMDb for revealing her age filed an appeal with the Ninth Circuit because hey, some of those judges are pretty old. Maybe they’ll sympathize. [Hollywood, Esq. / Hollywood Reporter]

    2 Comments / / Nov 11, 2013 at 8:59 AM
  • 220px-K_nine

    Drugs, iPhone, Law Schools, Marijuana, Non-Sequiturs, Patents, SCOTUS, Supreme Court

    Non-Sequiturs: 06.05.13

    * Washington is facing an unexpected issue with its new marijuana laws: training all the drug-sniffing dogs not to go crazy over pot. [Volokh Conspiracy]

    * Maryland v. King, but with more Betty Draper. [Eff Yeah SCOTUS]

    * The International Trade Commission has banned the importation of older iPhones and iPads for patent infringement based on a standard-essential patent. Don’t know what that means? Well, it’s kind of a big deal. [FOSS Patents]

    * A federal judge likens herself to the Hulk because she lengthens sentences over the objections of prosecutors. When we first wrote about Judge Rose, Staci felt the one Senator voting against her confirmation needed a good reason. This is that reason. [Des Moines Register]

    * Student trolls law professor to get grades posted before she can finish the professor’s book. The race is on! [Josh Blackman’s Blog]

    * As previously mentioned, THE Ohio State University President Gordon Gee was in hot water. Now he’s been s**tcanned retiring. Louisville basketball coach Rick Pitino declared Gee a “pompous ass.” One tipster noted, “Pitino Rick is an expert on the subject of pompous. Restaurant Sex too.” [CBS Sports]

    * Lots of lawyers are former debaters. If you are looking to give back, there’s a new organization trying to raise money for high school debate in Kalamazoo. I mention this partly because I care about the cause, but mostly because I like writing Kalamazoo. [Go Fund Me]

    * After reviewing the mindblowingly crazy BARBRI lecturer vid yesterday, Themis sent us a couple of their bar prep vids. Enjoy after the jump…

    4 Comments / / Jun 5, 2013 at 5:02 PM
  • Python_sir_robin_2_small-RF

    Intellectual Property, Patents, Technology, United Kingdom / Great Britain

    Conflicts of Interest Are Just Classier With English Accents

    UK judge who sided with Samsung a few months ago takes consulting job for Samsung. There’s no way people will draw negative inferences from that.

    10 Comments / / Mar 1, 2013 at 12:27 PM
  • techdirt RF

    Football, Intellectual Property, Television, Trademarks

    One Of The Funniest S#*$r B$@l Ads You’ll See This Year Makes Fun Of NFL Trademarks

    A Super Bowl commercial that makes fun of the NFL’s hyperactive trademark bullying? Let’s see it!

    / Feb 1, 2013 at 1:27 PM
  • Shakira

    Attorney Misconduct, Bad Ideas, Biglaw, Contracts, Law Schools, Legal Ethics, Money, Morning Docket, Music, Patents, Pornography, Real Estate, Shakira, State Judges, State Judges Are Clowns, Technology

    Morning Docket: 12.03.12

    * When it comes to the art of law firm valuation, you may be surprised when you find out which Biglaw firm is worth the most. Here are a few hints: it’s not Baker & McKenzie, and it’s not DLA Piper or Skadden, either. [American Lawyer]

    * Remember back in July when this Judge of the Day was busying clicking on hardcore porn sites while in chambers? As it turns out, now he’s busy crying in court while battling to keep his judicial career intact. [Chicago Sun-Times]

    * Evening students are capable of doing more than ruining your class rank. Jacob Lew, once a night student at Georgetown Law, is now the White House chief of staff assisting with fiscal cliff negotiations. [New York Times]

    * For now, the only thing that’s keeping Florida from gaining another law school is a lack of square footage in the real estate rodeo. But that’s probably a good thing, because adding a twelfth law school would be more than a little ridiculous. [Daytona Beach News-Journal]

    * Samsung’s trying to get out of paying $1.05B to Apple, and their lawyers are trying to pin knowledge of the jury foreman’s misrepresentations on their technological nemesis to get the verdict thrown out. [Bloomberg]

    * Shakira’s hips don’t lie, but her contracts allegedly do. The sexy singer’s ex-business partner (who’s also her ex-boyfriend) is suing her for $100M to “recover his share of past and future partnership profits.” [Billboard]

    1 Comment / / Dec 3, 2012 at 9:07 AM
  • Kristen Saban

    Biglaw, Deaths, Disasters / Emergencies, Eric Holder, Federal Judges, John Marshall Law School, Law Schools, Morning Docket, Rudeness, Suicide

    Morning Docket: 11.12.12

    * With Eric Holder questioning his job, and Deval Patrick dining at the White House, perhaps we’ll see our second black attorney general. Or not, because one of the Governor’s aides says he’ll continue his reign as a Masshole. [Washington Times; Buzzfeed]

    * When it came to sanctions for discovery violations in the Apple v. Samsung case, this judge was all about pinching pennies. Last week, both Quinn Emanuel and MoFo got taken to task over their apparently “sloppy billing practices.” [The Recorder]

    * What’s the most inappropriate thing for a federal judge to say to jurors when delivering the news that a defendant of Asian descent killed herself after testifying? “Sayonara.” Ugh. [Careerist via New York Times]

    * “Law school is very unforgiving, but classes must go on.” Law schools in the New York metropolitan area are still trying to make sure their students are safe and sound — and studying, of course. [New York Law Journal]

    * Another one bites the dust: Team Strauss/Anziska’s lawsuit against John Marshall Law School over its allegedly phony post-graduate employment statistics has been dismissed with prejudice. [Chicago Tribune]

    * Are you ready for some litigation? Lawyers for Nick Saban’s daughter are showing the sorority girl who sued her what it’s like to get rolled by the Alabama tide in a flurry of more than 40 subpoenas. [Times Leader]

    2 Comments / / Nov 12, 2012 at 9:09 AM