Trials

One of Biglaw’s calling cards is the ability to marshal resources quickly to handle nearly any kind of legal issue. Going to trial and need some immediate help with responding to a host of motions in limine filed by your adversary? Even in these days of reduced associate classes, at most firms it would be no problem roping in the necessary support. Need to put a team together on short notice to respond to a preliminary injunction motion? Not a problem. An email or two to the head of the group and a fellow partner or two, and you can have all the resources you need.

With some luck, you can even benefit from assistance in multiple time zones, always a plus when dealing with court deadlines in “foreign” jurisdictions, as is commonly the case in patent matters. Just ask any East Coast-based patent litigator whether they appreciate the extra hour for filing they get in their Eastern District of Texas matters. I know everyone is super-organized and never files at the last minute, but sometimes “unexpected delays” can result in a litigator making full use of the allotted response time for a filing or two.

While the Biglaw beast can be roused to quick action on occasion, it often prefers to move very deliberately towards a target. Patent cases are a good example. While there may be a flurry of activity surrounding an important hearing, or the close of discovery, or trial, there is also a lot of “preparing the case” time. Cases that take years just to get to trial are normal, and when you factor in appeals, it is not unusual for a Biglaw patent lawyer to go from associate, to counsel, to partner during the pendency of a single case. I speak from personal experience on that point….

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* Professor Ann Althouse’s analysis of today’s Hobby Lobby and Conestoga Wood arguments before SCOTUS. [Althouse]

* Professor Nelson Tebbe’s take on the proceedings. [Balkinization]

* Finally, a very Jezebel assessment: “Supreme Court Prepares to F**k Up This Birth Control Thing.” [Jezebel]

* “JUDGE TO PORN TROLLS: IP Addresses Aren’t People.” [Instapundit]

* YouTube videos and text messages surface in the Oscar Pistorius murder trial. [IT-Lex]

* “Her” was an excellent movie — and it might contain lessons for lawyers and the legal profession, as John Hellerman argues. [Hellerman Baretz]

Gentlemen, have no fear, because the forced motorboating stops here. Never again will you be asked if you want to sample your female superior’s “duck taco.” Never again will you be asked if you want to lick spilled Coke off a female colleague’s “cannooki.”

Ladies, you can’t get away with this stuff anymore just because you’re women…

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Donald Trump, taking up Judge Jeffrey Streitfeld on an offer to borrow the judicial eyeglasses.

Real estate magnate Donald Trump has had many brushes for his hair with the law over the years. Sometimes the law has caused him headaches or embarrassment; he’s not as much of a legal eagle as his big sister, Judge Maryanne Trump Barry (3d Cir.). On other occasions, though, he has enjoyed the last laugh.

In his latest courtroom appearance, Trump schlepped down to Florida, testified as a trial witness, and prevailed. But now the losing party in that case has filed a motion for new trial, arguing that the presiding judge fawned over the Donald in front of the jury and, in doing so, “transgressed basic principles of impartiality and fairness.”

Let’s learn more about this fun motion….

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Rachel Canning

* Dewey know who Zachary Warren is? Per this failed firm’s insiders, he seems to be a “man of mystery” who apparently worked in the “bowels of the bureaucracy” that ultimately led to D&L’s demise. [Am Law Daily]

* “You can cross-examine the witness. You can’t cross examine an email.” Defense of the Dewey defendants may be tough when it’s time for trial — and you can bet your ass there’ll be a trial. [New York Law Journal]

* Fear not, friends, because Patton Boggs has found a way to weather the storm. It’s the same way most barely buoyant firms stay afloat: more layoffs. Expect more on this news later today. [National Law Journal]

* Paul Ceglia, the man who claims he owns half of Facebook’s fortunes, can’t toss his criminal charges. Sometimes wheeling and dealing with allegedly faux contracts will land you in the clink. [Bloomberg]

* Because no father wants to see his daughter become “tabloid fodder”: Rachel Canning, the New Jersey schoolgirl who sued her parents, is being “savaged” by the public. Aww, poor little Millennial. [Daily Record]

Jason Bohn

The victim was a young woman who fought for her life until she was overcome by the defendant. He has justly been held accountable for his actions.

– Queens District Attorney Richard Brown, commenting on Jason Bohn’s recent conviction on first-degree murder charges in the death of his girlfriend. Bohn, a graduate of the University of Florida College of Law, was profiled in the New York Times in an article about the perils of law school.

For those of you who haven’t tuned out Jarndyce v. Jarndyce Chevron Corp. v. Donziger, the never-ending litigation between oil giant Chevron and plaintiffs’ lawyer Steven Donziger, today brings some news. It shouldn’t come as any surprise to those who have been following the case, but Judge Lewis Kaplan (S.D.N.Y.) just ruled in favor of Chevron, enjoining Donziger and his Ecuadorean-villager clients from trying to enforce here in the United States the multi-billion-dollar pollution judgment they secured against Chevron in Ecuador — a judgment that was the result of fraud, according to Judge Kaplan. (Links to coverage and to the parties’ reactions to the ruling appear at the end of this post.)

The Chevron/Ecuador case is one of those matters that’s most interesting to those who are actually involved in it; to the rest of us, it’s a lot of noise. Speaking for myself, I’m interested in only two aspects of it: (1) its impact on the revenue and profit of Gibson Dunn, which has been litigating the case aggressively on behalf of Chevron, and (2) its meaning for the deeply troubled law firm of Patton Boggs, which made the ill-advised decision to align itself with the Ecuadorean village people.

In a media call this afternoon that I joined, Chevron’s general counsel, R. Hewitt Pate, declined to discuss the size of the company’s legal fees in the litigation. So we’ll have to focus on that second item: the bog that is Patton Boggs. Which right now looks like the Lago Agrio oil field, prior to remediation….

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With the death of the Law Clerk Hiring Plan, federal judges are hiring law clerks earlier and earlier in students’ law school careers. We recently wondered — jokingly, but only half-jokingly — whether 1Ls should start applying for clerkships.

So federal judges should be keenly interested in the insights of young legal minds — especially minds being cultivated at the Yale Law School, the nation’s #1 law school (according to both the U.S. News rankings and the Above the Law rankings). Right?

Well, just because a judge wants your advice as a law clerk doesn’t mean he wants to hear from you as an expert witness. A current Yale law student recently learned this lesson the hard way….

double red triangle arrows Continue reading “The Benchslap Dispatches: Judge Not Interested In Yale Law Student’s ‘Opinions’”

James Holmes

* For the first time ever, someone managed to record secret video footage at SCOTUS during oral arguments — and, of course, it’s secret video footage of the McCutcheon protestor’s outburst. You can check it out after the jump. [Reuters]

* After a brief hospitalization yesterday, Attorney General Eric Holder was discharged from the hospital with a clean bill of health. It looks like he won’t have to go to one of those Obamacare death panels after all! [Washington Post]

* “The trajectory of an associate in a law firm has changed irreversibly.” Ain’t that the truth. But seriously, what happened to all of the Biglaw lawyers who were Lathamed way back in 2009? Here are some of their stories. [Am Law Daily]

* More law schools are trying to convince students to attend by offering scholarships. Tulsa will toss you cash if you’re from the sticks, and TJSL will guarantee you money if you’re smart. [National Law Journal]

* A trial date has been set for accused Colorado movie theater shooter James Holmes. Get ready to see this crazy face on HLN 24 hours a day while Nancy Grace offers her ever insightful commentary. [CNN]

(Keep reading to see the now legendary Supreme Court oral argument protest footage.)

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Lisa Kudrow

You really in real life bear no relationship to the character Phoebe, right?

Mark Baute, attorney for Scott Howard, while cross-examining “Friends” star Lisa Kudrow on the witness stand earlier this week. Baute accused Kudrow of “pretending to be dumb” and acting like her well-known character, Phoebe Buffay, during her testimony.

(Howard served as Kudrow’s manager during her time on the show, and claims he’s owed more than $1.7 million in residuals. A jury returned a verdict in Howard’s favor today.)

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