Settlements

* According to Jacoby & Myers, “winning is everything.” And by “winning,” they, of course, mean “settling.” Ten points to Gryffindor Jay Shepherd. [New York Times]

* Ah, DOMA. Like it or not, we’re footing the bill for a law the DOJ won’t touch. This guy wants us to stop putting money in Paul Clement’s pockets. [WSJ Law Blog]

* Cooley Law has filed a motion to dismiss the complaint over its employment statistics. Reasoning? BLAME THE ABA. [National Law Journal]

* “You are a beautiful grave — dead inside.” Be still my heart. What kind of a girl wouldn’t appreciate a love letter like this? A former tax attorney from Winston & Strawn, apparently. [New York Post]

* What happened at yesterday’s hearing on public nudity in the Bay Area? Soon the only buns you’ll see at restaurants in San Francisco will be on the table. [San Francisco Chronicle]

Lauren Serafin and Robert Leighton

Chicago sounds like a tough town for romance. Check out the first Courtship Connection date that went down in the Windy City. Let’s hope that future dates go better.

Chitown was also the venue for Serafin v. Leighton. In this lawsuit, a lovely young lawyer, Lauren Serafin, sued her handsome ex-fiancé, Sidley Austin associate Robert Leighton, for “breach of promise” to marry. Serafin alleged that Leighton cheated on her during his Las Vegas bachelor party, with a woman named “Danielle,” and then broke off the engagement — saddling Serafin with almost $63,000 in wedding- and honeymoon-related expenses.

We now bring you an update on this saga….

double red triangle arrows Continue reading “An Update on Chicago’s Runaway Bridegroom and Jilted Bride”

Last night we wrote about a high-profile lawsuit: 3M v. Lanny Davis. Yes, that’s right: the maker of Post-its and Scotch tape is going after Lanny J. Davis, the noted D.C. lawyer and lobbyist, along with his client, Porton Capital (a group of private investors).

It’s a strange lawsuit, but the allegations in it aren’t new. Similar suits were filed by 3M in June and July, in New York state court. (And one of them is still pending, despite the filing of an action in D.C. federal court.)

The primary parties, 3M and the Porton Group, have crossed swords before. In fact, they’re litigating against each other right now in merry olde England, before the High Court in London. In the U.K. litigation, 3M is being sued by Porton Capital and by the British government (in the form of Ploughshare Innovations, an entity owned by the U.K.’s Ministry of Defence).

According to the Wall Street Journal, Porton and Ploughshare allege that 3M failed to diligently develop the BacLite testing technology, “a product already proved and used in Europe as a cheap and quick way of detecting methicillin-resistant staphylococcus aureus, commonly known as MRSA, a hospital infection.” The reason this is so upsetting to Porton and Ploughshare is that they were contractually entitled to receive royalties from 3M’s sales of BacLite. The plaintiffs in the U.K. case claim that 3M abandoned BacLite less than a year after buying it — after botching the BacLite trials, and declaring the testing technology non-viable — “in order to protect a 3M-developed detection product known as Fastman from the less expensive rival posed by BacLite.”

Got that? Okay. Now, some updates to our prior coverage….

UPDATE (9/2/11, 9:30 AM): An update to our updates: a statement from William A. Brewer III, counsel to 3M, has been added below.

double red triangle arrows Continue reading “3M v. Lanny Davis: For the Record”


Lanny Davis

Physician, heal thyself? D.C. power broker Lanny Davis, a guru of crisis management, now has a crisis of his own to manage.

Davis has been hit with a federal lawsuit by, oddly enough, one of America’s largest corporations: 3M, the Fortune 100 company and Dow Jones Industrial Average component that’s famous for such products as Post-it Notes and Scotch tape. It’s surprising to see a mega-corporation like 3M going after a high-profile lawyer like Davis.

When you see a large corporation suing a prominent attorney like Davis — who, before launching his own firm last year, was a partner at such firms as McDermott Will & Emery, Orrick, and Patton Boggs — you might expect a malpractice claim. But that’s not the case here….

UPDATE (10:50 AM): Comments from Lanny Davis and his client, the Porton Group, have been added below. They point out that this is 3M’s third bite at the apple — the company previously filed two similar cases in New York state court. (The first suit was withdrawn, while the second still appears to be pending — rather strange, given the D.C. federal court filing.)

UPDATE (5:50 PM): Here is more information about 3M v. Lanny Davis.

double red triangle arrows Continue reading “Lawsuit of the Day: 3M v. Lanny Davis”

Many litigators have a bias against settlement. It’s understandable. There’s no glamor in settling cases. No one is ever going to make a TV show called “The Settler,” about a young but scrappy underdog lawyer who fiercely negotiates tough-but-fair settlement agreements and always remembers to allow a 21-day waiting period if the plaintiff is 40 or over. (On second thought … better call my agent.)

Forget TV and movies. No lawyer has ever come home with the exciting news about settling a lawsuit (at least, no defense lawyer). “Honey, I settled the Devens case!” “That’s great, dear. Now go mow the lawn.”

In the midnineties, I was a junior associate working on a contentious sexual-harassment case. While we were able to win partial summary judgment, the main claims headed to trial in federal court. During the negotiations before the trial, the partner from my firm had a conversation with the plaintiff’s lawyer, who was that sort of rough-around-the-edges attorney who prided himself on spending a lot of time in the courthouse.

Looking to put my boss in place, the guy took a shot at our firm’s litigation style. Here’s what he said …

double red triangle arrows Continue reading “Small Firms, Big Lawyers: Real Lawyers Settle Cases”

– Judge Martin J. Sheehan of Kenton Circuit Court, Kentucky, rejoicing in the settlement of a case that was scheduled to go to trial earlier this month.

(Gavel bang: Nicole Black.)

Some tasks are meant to be delegated; others are not.

Sometimes, whether the task is meant to be delegated depends on what the supervisor has in mind.

Let’s think about three examples…

double red triangle arrows Continue reading “Inside Straight: On Intelligent Delegation”

Page 5 of 512345