Archive for the ‘federal court’ Category

Latest Edition of Lawyers Gone Wild

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’ […]


Lawyers and the Funny Papers

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 […]


$304 Million Attorney’s Fee Award?

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 […]


Do Lawyers Own Their Briefs (Tighty Whities Excluded)?

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 Right Tool for the Right Job

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 […]


Thoughts on PROTECT IP Act

As previously reported, I had the opportunity last night to moderate a discussion at the William & Mary School of Law on “P.R.O.T.E.C.T. IP Act: What Is It? Will It Pass? What Would Be Its Impact?”  The seminar was sponsored by the Virginia Bar Association Intellectual Property and Information Technology Section along with a host […]


Justice Clarence Thomas and Some Criticism

Reading an article concerning Supreme Court Justice Clarence Thomas, my interest was piqued in that I had lunch yesterday at a bar function with a lawyer who described his experience in meeting with him as a summer law clerk at a local firm. Many commentators express with seeming disdain that Justice Thomas is not active […]


Constitutional Ruminations in Boston

My attendance at a legal conference in Boston has allowed me a chance to reflect on the remarkable stability of our country’s legal system. Clearly, to err is human and our judicial branch has had and will have numerous screw ups. Yet, I am chastened by the fact that when a judge makes a ruling, […]


Juries, Star Trek and racists

Serving on a jury is one of those duties to which we commit ourselves in order to maintain a fair judicial system. The evolution of the jury is also a testament to the progress we have made in creating a climate of trust in the legal system.


Food fights are fun. Celebrity food fights are even more fun.

Missy Lapine wrote a cookbook “The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids’ Favorite Meals.” Four months after it was published, out came a book from Jessica Seinfeld, Jerry Seinfeld’s wife, “Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food.” Apparently unable to stomach the competition, Lapine filed a civil […]