Catchy blog titles are usually hard too, but not this one. Discovery of electronically stored information (“ESI”) is just plain difficult. If you are lucky, it does not come up in your case at all. Or, the parties agree that only certain emails during a certain period of time are relevant to the dispute. If you are unlucky, you might find yourself in the middle of a massive theft of trade secrets case involving customer lists with thousands of names and an email address for each one of them. At that point, expect to spend several months creating an ESI discovery protocol with your opposing counsel – a process of negotiating everything from search terms to custodian/device lists to hard drive/server copying formats, and so on and so forth. Once that part is finished, you still have to engage in discovery according to the protocol.
* A bleak, expressionist write-up of the bar exam experience. If you ever wondered what the subject of The Scream was doing right beforehand, it was apparently “taking the bar exam.” [Law of the Dead]
* The traditional summer associate program model needs restructuring. Are you suggesting four-hour lunches are passé? Because… shame, sir, shame. [SSRN]
* The sequester is slowing down the patent office. So now the irate patent attorney has something else to blame for not getting his client’s application approved. [Patently O]
* As our tipster put it, this may be a statement against interest: Snowden once declared that traitors should be “shot in the balls.” [NY Post]
* A breakdown of unconstitutional animus in U.S. v. Windsor. If the author could figure out Justice Kennedy’s train of thought all the way through, kudos! [Associate’s Mind]
* If you’re ever planning a graduation party, just don’t do this. [Legal Juice]
* Examining the misappropriation of trade secrets on Earth-616, and whatever Earth the DC people are in these days. I gave up on them two Crises ago. [Law and the Multiverse]
* Federal prosecutors may go after Long Island Power Authority for their poor response to Hurricane Sandy. [Breaking Energy]
* And this recap of the Hollingsworth opinion concludes with a GIF that is sure to warm the hearts of many an ATL commenter. [Eff Yeah SCOTUS]
We’ve all heard how dysfunctional entry-level legal recruiting is: Inordinate expense, decisions made on the briefest of subjective impressions with opacity all around, and what do firms reap for all their efforts? Shocking attrition rates among junior associates. It’s time for a conference on what could work better, and this is it.
* Burger King sells burgers by celebrating that they are built with fictional union labor while actively interfering with workers forming real unions. This would be too much hypocrisy for some, but Burger King gets to have it its way. [Buzzfeed]
* I cannot top the subject line from the tipster: “Obama calls the nation to arms on trade secret theft, but the nation is at the mall.” [Orrick]
* A review of Logan Beirne’s new book Blood of Tyrants: George Washington & the Forging of the Presidency (affiliate link). I wonder what George Washington would say if the Senate blocked his judicial nominees? [Washington Times]
* Step One: Collect cash from government for doing business in downtown Manhattan. Step Two: “Close” the firm and move all the partners and cases to Blank Rome. Step Three: Refuse to pay back the money. [Thompson Reuters News & Insight]
* Why does everyone want to go to law school? I figured it was just to compete in the ATL Law Revue competition. [The League of Ordinary Gentlemen]
* Be nicer to the sea cows! [Lowering the Bar]
* This Craigslist job posting under “Legal/Paralegal Jobs” in San Diego: Accidental listing or sadly prophetic commentary on the legal job market? Just in case someone removes the listing, I’ll post a screenshot after the jump…
For some, the phrase “small law firm” implies certain stereotyped practice areas, clients, and attorneys. At its worst, the stereotype invokes unsophisticated clients and matters that are routine and uninteresting. To break the stereotype, Tom Wallerstein remarks on some great practice opportunities for smaller law firms which exist in Silicon Valley….
* After Anwar al-Awlaki’s death, everyone wants to know if it’s legal to kill American citizens abroad. Well, if Ron Paul is wrong, then I don’t want to be right. [New York Daily News] * Sullivan & Cromwell and the Mailroom of Death: Harry Potter series reject or SCOTUS-bound appeal? If only there were a […]