Trials

Chris Brown

Is anyone tired of Chris Brown yet? I was tired of him months ago, then I got a second wind and am still interested in watching him crash.

Yesterday, the trial court heard a motion to dismiss by Brown’s attorney, Mark Geragos.  The motion contended that the prosecutors abused the grand jury process by using it as an opportunity to test their case.  Denying the motion, Judge Patricia Wynn said there is no problem with prosecutors testing their case in seeking an indictment before the grand jury.

Brown was not present at the hearing, having taken the world’s slowest flight to D.C. via the U.S. Marshals Service (five days in total). The court did grant a motion to sever Brown’s bodyguard’s trial from Brown’s trial — which was helpful to the defense, so that the bodyguard can testify for Brown in Brown’s trial…

double red triangle arrows Continue reading “Chris Brown’s D.C. Trial Will Start In Late April”

One of the things that was always interesting about Biglaw was just how much the skills of senior partners were celebrated, even in the absence of any verification. Or rigorous comparison to their peers, for that matter. Such exaltation of abilities was not limited to individual lawyers, of course, but extended also to practice groups and even other firms. In fact, a fair amount of Biglaw’s “prestige” is pollinated by secondhand anecdotal evidence, many times passed along by people who have either never seen their subjects in action or who are not qualified to distinguish between a great performance and a mediocre one.

Of course, I do not doubt that many, if not the vast majority of, Biglaw reputations are well-earned. For example, even though my knowledge of real estate law is severely limited, I would feel comfortable hiring some of my old colleagues at Greenberg Traurig in New York for real estate help, should I ever be in a position to acquire or dispose of some commercial real estate. I admit that I have no frame of reference, other than reputation and some personal relationships, supporting such a prospective choice. But it is not like I could “shadow” a closing and figure out which set of lawyers is doing a better job anyway. “Wow, those guys really put out a nice refreshment spread in the room with the closing binders” would be the level of my analysis. Probably not a good idea to choose counsel solely on that basis.

Are there other options out there?

double red triangle arrows Continue reading “Beyond Biglaw: Candid Camera”

* The Eighth Circuit axed a $900K jury award after a lawyer recounted her tale of sexual harassment by a law professor at Drake University Law during closing arguments. Well, that sucks, but we’d really love to know which professor this was. [ABA Journal]

* If flat is the new up, then mergers must be the new growth. The new year is upon us, and law firms are on track to either meet or break the merger record set in 2013. Thus far, 22 firms have announced mergers or acquisitions in 2014. [Washington Post]

* A lawyer in Minnesota who’s been in trouble with the bar quite a few times was recently charged with setting his girlfriend on fire. Yikes, someone’s way too excited about the Fargo mini-series. [Star-Tribune]

* Oscar Pistorius took the stand in his murder trial yesterday, revealing that when he killed his girlfriend Reeva Steenkamp, he was really trying to protect her. This case gives us the sads. :( [New York Times]

* Sorry we’re not sorry about the toupee: Paramount wants this Wolf of Wall Street suit dismissed since it’s undeniable the plaintiff was part of “bizarre travesty that was Stratton Oakmont.” [Hollywood Reporter]

He hit random keys or wrote, ‘I hate my job. I hate my job. I hate my job,’ over and over.

– An anonymous source describing stenographer Daniel Kochanski’s “bizarre antics” during numerous trials, which have caused judges to hold reconstruction hearings to repair the record in many cases.

(There’s much more to this story, so keep reading to see what happened.)

double red triangle arrows Continue reading “Court Reporter Causes Chaos By Repeatedly Writing ‘I Hate My Job’ On Trial Transcripts”

Oscar Pistorius

Olympian Oscar Pistorius’s trial in South Africa for allegedly murdering his girlfriend continues on, despite Pistorius throwing up during witness testimony.  He vomited after seeing disturbing photographs of his dead girlfriend.  It is undisputed that he shot his girlfriend, model and law graduate Reeva Steenkamp, four times.  His defense is that he thought she was an intruder when she woke up to use the bathroom…

double red triangle arrows Continue reading “The Oscar Pistorius Trial Is Underway”

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….

double red triangle arrows Continue reading “Beyond Biglaw: The Need For Speed”

* 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…

double red triangle arrows Continue reading “Man Receives $567K In Damages After Being Forced To Motorboat Woman’s Breasts”

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….

double red triangle arrows Continue reading “Did A Star-Struck State Judge Show Favoritism Toward Donald Trump?”

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]

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