As the Apple v. Samsung trial continues speeding along at the speed of, well, a first generation iPhone with low battery, we finally had some real developments in court yesterday, breaking up the recent monotony of expert witnesses and attorney v. attorney quibbling.
Apple rested its case, and Samsung managed to score a minor victory by getting a few of its phones dropped from the case. Seeing as there are more than a dozen phones at issue, it’s definitely a minor victory, but it’s better than nothing — especially since Samsung’s Quinn Emmanuel lawyers haven’t exactly been the popular kids in court so far…
So, the Apple v. Samsung trial is on break for one more day, but that doesn’t mean the digital drama is fading. The trial has become ubiquitous in the news. We’ve got a clip from Conan O’Brien mocking opining on the proceedings… or more specifically, Samsung. And we’ve got word that another Quinn Emanuel partner is in the hotseat.
UPDATE (5:09 PM): We have added Quinn Emanuel’s official response to the newest controversy at the end of this post. It’s a doozy.
In the meantime, one news outlet is heralding the case as the trial of the century, while another says the outcome is irrelevant anyway. So let’s take a step back and think about what it all means…
As some of you may have noticed, I spent yesterday in the San Jose Federal Courthouse, watching (and furiously tweeting) the Apple v. Samsung trial. The trial is on recess today, and I’m back in my blogger cagebedroom office. I’ve got a rundown of all the excitement, awkwardness and humiliation that can only happen in a highly publicized celebrity murder, err, patent trial.
Click through to see what’s shaking as the trial progresses….
Last time we checked in at the Apple v. Samsung intellectual property trial, John Quinn was responding to heat from Judge Lucy Koh over allegations that he had authorized a press release with information that had been deemed inadmissible.
The case continued on Friday, and it has started back up again today as well. So, how did Judge Koh react to Quinn’s justification of his decision? And what dirt have the two tech giants continued slinging at each other? Well, let’s see….
Man, I really wish I could sit in the gallery at the Apple v. Samsungtrial over the next few weeks. It’s a war zone down in San Jose. In court yesterday, Judge Lucy Koh became “livid” when she found out about a Samsung statement describing evidence that had been ruled inadmissible by the court. She demanded to know John Quinn’s involvement in the statement (Quinn Emanuel represents Samsung), and then she threatened to sanction him. Whoa.
Quinn was ordered to explain himself, and we’ve got the declaration he filed this morning. It’s a doozy, and predictably, the master litigator does not take kindly to, in his words, “media reports… falsely impugning me personally”…
Maybe they should just change the name of Silicon Valley to Valley of the Lawsuits. Tech companies love to sue each other. Today, the media has been abuzz about the start of the long-awaited IPtrial between Apple and Samsung. Apple has accused Samsung (and other companies in other cases) of ripping off its iPhone and iPad designs. Jury selection began this morning in San Jose, and opening statements are expected before the end of the day.
Apple knows it’s good to be king, but the company also knows you’ve got to fight to defend your castle. All the other tech companies won’t let you sit on your throne without a fight…
* Presidential campaigns for Election 2012 are focusing in on the Supreme Court and future appointments to the high court, and Vice President Joe Biden is really not a fan of Justice Scalia. [POLITICO]
* Dewey know what the ramifications of D&L’s $50M insurance policy will mean for the resolution of the failed firm’s bankruptcy proceedings? Well, Steve Davis is probably happy. [Thomson Reuters News & Insight]
* Howrey going to pay off all of our creditors? Probably by dipping into the coffers of the 70 other law firms that took on our defectors. Have fun with all of those subpoenas. [Capital Business / Washington Post]
* The percentage of women in Biglaw partnership positions is up 2.8% since 2003, but the equity gender gap remains. At least some progress is being made. [National Law Journal]
* “I thought your papers were terrific, I just disagreed with them.” Kleiner Perkins isn’t a fan of backhanded compliments, so the firm is appealing a judge’s decision to keep Ellen Pao’s case out of arbitration. [Reuters]
* James Holmes, the alleged shooter in the Aurora movie-theater massacre, is scheduled to make his first court appearance today for an initial advisement. Thus far, he’s facing at least 71 charges. [Denver Post]
* The class action suit filed against Cooley Law over its allegedly deceptive employment statistics has been dismissed, much like the NYLS lawsuit before it. More on the dismissal to come later today. [WSJ Law Blog]
* “Sex isn’t going to buy me dinner.” Michael Winner, the attorney accused of offering “pro boner” assistance to female inmates, claims in an interview that the allegations against him are “just plain false.” [WSB-TV Atlanta]
* Our thoughts and prayers go out to the people of Aurora, Colorado. [CNN]
* Dewey know why the deadline for agreeing to a proposed $103.6M settlement for former D&L partners has been pushed back? It looks like these people are still unhappy with the very thought of parting with their money. [Am Law Daily]
* Four judicial nominees were approved by the Senate Judiciary Committee to fill federal district court positions in California, New York, and Pennsylvania. Now it’s time to hurry up and wait for a final vote on the Senate floor. [National Law Journal]
* “This is a garden variety sex harassment case.” That may be true, but when you’re dealing with a high-profile venture capital firm, and the plaintiff is an ex-Biglaw associate, you’re probably going to get some really bad press. [Washington Post]
* Opening statements in Sheriff Joe Arpaio’s racial discrimination trial were heard yesterday. Even “America’s Toughest Sheriff” might cower in light of plaintiff representation by Covington & Burling and the ACLU. [CNN]
* Washburn University School of Law is planning to build a new facility for $40M. Unfortunately, the school will never be able to amass the funds needed to kill all the gunners, but we can still dream. [Kansas City Star]
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?
* Kleiner Perkins responded to Ellen Pao’s gender discrimination suit, and it’s not pretty. Not only does the firm’s answer deny her allegations, but it also calls into question her work product. [San Jose Mercury News]
* Joe Amendola’s preferred strategy at the Jerry Sandusky trial seems to be the use of the “tried and tested technique” of ignoring all of the alleged accusers’ tears and making them cry all over again. [New York Times]
* Who in their right mind would attempt to fake being a lawyer these days? Michelle Fyfe, a 43-year-old woman from Texas, is accused of forging a law degree from SMU Dedman School of Law. [Dallas Morning News (sub. req.)]
* Say hello to Baltimore Law’s new dean, Ronald Weich, the former assistant attorney general who penned the notorious false gun letter to Congress. Surely this ex-DOJ official will stand up to Bogomolny. [The Hill]
* This must be like getting it caught in your zipper — but much, much worse. A Brooklyn man claims that members of the NYPD “strangled his penis,” so he’s suing. [Huffington Post via Courthouse News Service]
* Reuben G. Clark Jr., a founding partner of Wilmer Cutler & Pickering (WilmerHale), RIP. [Washington Post]
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…