Trial

A jury trial: “the grand bulwark of our liberties.” Cross-examination: “the greatest legal engine ever invented for the discovery of truth.” I remember these quotes (from Blackstone and Wigmore, respectively) uttered grandly during Evidence or some such class in law school.

Just guessing these maxims aren’t entirely reflective of everyone’s experience. A particularly discouraging example, after the jump….

double red triangle arrows Continue reading “Qui Tam: Jury’s Out”

Apple’s had a rough go of it since the untimely death of Founder, CEO, and Inventor of the Tactical Turtleneck Steve Jobs. Not even Siri (especially not Siri) could answer where the awesome had gone.

The Onion captured the general sense of malaise emanating from Cupertino both here and here.

Tech observers might point to today’s unveiling of a new operating system that looks decidedly unterrible as the turning point for the company.

But the real turning point was probably when Apple got its own Clarence Darrow…

double red triangle arrows Continue reading “Hiring Biglaw Partner Is the First Thing Apple’s Done Right Since the iPad”

Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, they are collected here.

I want to a be a Biglaw trial lawyer. If you could care less about trial work, but are in Biglaw, feel free to substitute whatever word you want for the word “trial” in the previous sentence — M&A, IPO, appellate, etc.

Why trial work, other than it seems like a good way to put my lack of nervousness when speaking publicly to productive use? Because I have always enjoyed days spent in court, and no matter how much fun it can be to take a contentious deposition or argue a motion, there is simply nothing like the atmosphere, teamwork, and total focus that a trial commands. Toss in the ability to avoid unpleasant obligations by saying “I am prepping for trial,” and the chance for a long vacation afterwards, and you get a great deal Biglaw-wise.

Since Biglaw is not the ideal training ground for trial work, I realize that I need to very flexible and patient if I realistically hope to have a trial practice down the road. In the meantime, I will continue looking for opportunities to work on trials, and I am willing to do some unorthodox things to accelerate my current pace of one trial every five years.

But first, some context….

double red triangle arrows Continue reading “Buying In: Trying for More Trials”

Thomas Gooch III strikes me as the kind of man who, upon finding himself in a hole, starts screaming for somebody to throw him down a shovel.

You’ll remember Gooch as the guy who filed a motion objecting to a woman seated at opposing counsel’s table. Well, more specifically, he objected to the breasts of a woman at opposing counsel’s table.

It was a spurious claim from the start; Gooch didn’t know anything about the woman, but because she had large boobs, Gooch felt like he could question her qualifications without any evidence whatsoever. But Gooch was really put in his place when opposing counsel, Dmitry Feofanov, revealed the the allegedly offensive breasts belonged to his wife, Daniella Atencia.

Well, Gooch has dropped his motion. And the judge in the case (remember, there was a real trial going on here before the Gooch started mentally motorboating opposing counsel’s wife) admonished him. And this could all be over with now.

If Gooch would just stop talking….

double red triangle arrows Continue reading “Lawyer Withdraws His Motion Objecting To Breasts Of Opposing Counsel’s Wife, But This Is Not Over”

I really, really hope that somewhere out there, Thomas W. Gooch III feels like a giant tool. A few days ago, Gooch, of the law firm Gauthier & Gooch, wrote a motion objecting to a “large breasted woman” sitting at opposing counsel’s table. He questioned the woman’s qualifications and accused opposing counsel, Dmitry Feofanov, of planting her there to distract the jury.

We wrote about Feofanov’s response. He said the woman is his paralegal. But that response didn’t satisfy Gooch, who told the Chicago Sun-Times:

“Personally, I like large breasts,” Gooch said. “However, I object to somebody I don’t think is a qualified paralegal sitting at the counsel table — when there’s already two lawyers there — dressed in such a fashion as to call attention to herself.”

Well, it turns out that Gooch has been ogling, scrutinizing, and questioning the qualifications of Feofanov’s wife.

Dude… not cool.

Feofanov has furnished us with a statement, accompanied by a tasteful picture of his allegedly offensively-figured wife…

double red triangle arrows Continue reading “The Allegedly Distracting Breasts At Counsel Table: Guess Who They Belong To?”

Well, there’s really nothing else to talk about this morning. Jezebel reports that a defense attorney has written a motion objecting to the people seated at the plaintiff’s table. Well, one person in particular — a “large breasted woman” who is seated next to plaintiff’s counsel.

Is there a law against having large-breasted women hang out with you? Of course not; this is America!

But since this motion is one of the most sexist things you are likely to come across, let’s give it a closer look…

double red triangle arrows Continue reading “Motion of the Day: No Law Against Having Big-Breasted Colleagues”

Raj Rajaratnam

* The epic insider trading trial of Raj Rajaratnam got underway today. Bess Levin, of our sister site Dealbreaker, comes up with a (rather hilarious and bizarre) list of possible character witnesses for Raj. [Dealbreaker]

* Speaking of the Rajaratnam trial, who were those mystery men observing the proceedings in the courtroom? [Clusterstock]

* In other insider-trading news, a former Dewey & LeBoeuf associate, Todd Leslie Treadway, has been hit with civil insider-trading charges by the SEC. [National Law Journal via WSJ Law Blog]

* Talk about a benchslap: “Mr. Redlich continues to display an apparent disregard for the time and resources that this court must expend in interpreting his poorly-drafted pleadings and analyzing his sloppily-constructed and thinly-researched memoranda.” [Albany Times-Union]

* Four important lessons, for lawyers and technologists, that can be drawn from Michelangelo’s sculpting of The David. [Ben Kerschberg / Forbes]

* Musical chairs: Sean Patrick Maloney — former aide to Governor Paterson, Governor Spitzer, and President Clinton, and a former candidate for New York Attorney General — joins Orrick from Kirkland. [Orrick (press release)]

* Did you know that March is Women’s History Month? [In Custodia Legis]

* On a more festive note, Happy Mardi Gras! [Twitpic]

* Congratulations to Omar Ha-Redeye of Law Is Cool, winner of the 2010 Blawg Review of the Year. [Blawg Review]