In the latest edition of “lawyers gone wild,” plaintiffs’ lawyers were disqualified for a variety of ethical sins.  As reported by Sean Canrnathan in the ABA Litigiation News, the disqualification was not ultimately based on the following juvenile antics by plaintiffs’ counsel:  attending depositions in a t-shirt and shorts scheduling the deposition at a Dunkin’ [...]

I have to hand it to Bob Kohn who, after being told he could only file a five page brief, did so in comic format (or a “graphic novellette” as he referred to it)  with great elucidation on the complex topic of antitrust law dealing with price structuring for e-books.  Kudos to the ABA Journal [...]

Attorneys’ fees are fair when the work that is done is appropriate for the task that is demanded.  Indeed, the Rules of Professional Conduct require that “A lawyer’s fee shall be reasonable.”  Makes sense, right? In a 110 page opinion, the Delaware Supreme Court affirmed (among other things) an award for attorneys’ fees in excess [...]

As a follow up post, I thought it helpful to note that federal courts are increasingly sophisicated as to jurors that use social media during trial.  Frankly, I am not sure if you can sequester a juror without the use of such media especially when it has nothing to do with the case–still, here are proposed [...]

I am really disappointed to learn that Lance Armstrong may be stripped of his 7 Tour de France titles.  He earned them.  But the naysayers have always accused him of doping even as he has passed hundreds of drug tests and survived cancer.  A judge noted after Armstrong sued that: “USADA’s conduct raises serious questions [...]

Even as manufacturing and heavy industry is outsourced, I am ever encouraged by America’s very, very strong intellectual property regime.  Here is an encouraging article on Virginia’s (and our country’s) continued culture of innovation in the Jefferson Policy Journal, especially in the area of biotechnology.

Clients spend a great deal of money in the prosecution and defense of their claims. In doing so, lawyers prepare briefs outlining their client’s legal positions. Who owns the brief? Under copyright law, absent an assignment of the work, the lawyer owns it.   (Yes, the client can use it). Yet, for years online legal research [...]

The mixture of lawyers and social media seem to be the equivalent of the Tom Cruise/Katie Homes relationship—let’s get married and see how it works out.  But, as we have observed, that is “risky business” (insert groan). Social media has sprung a number of ethical issues on which I have commented previously and which Paul [...]

In an interesting article in the ABA Journal, Debra Cassens Weiss investigates the societal change in human interaction brought about by technology. While she directs her attention to how law students work with others, the emphasis is on a perceived lessening of human interaction. I think many would surmise (not earth shattering) that our electronic [...]

I commented recently on litigation involving Maker’s Mark Bourbon and its distinctive red wax seal. Understandably, Maker’s Mark did not want competitors to use red wax with their beverages as it would create a false association in the mind of the consumer and dilute the brand. And the court agreed. But at what cost? While [...]