Archive for the ‘Supreme Court’ Category

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 […]

 

Sanctioning Lawyers

THE INFORMATION CONTAINED IN THIS POST DESCRIBES LEGAL MATTERS HANDLED IN THE PAST BY OUR ATTORNEYS. OF COURSE, THE RESULTS WE HAVE ACHIEVED DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. BECAUSE EACH MATTER IS DIFFERENT, OUR PAST RESULTS CANNOT PREDICT OR GUARANTEE A SIMILAR RESULT IN THE FUTURE. My colleague, Mikhael Charnoff, […]

 

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, […]

 

Skiing With Lawyers Can Be Dangerous to Your Appeal

In a rebuke to the “blame game,” the Virginia Supreme Court affirmed a trial court’s decision to kick out a legal malpractice case on summary judgment. In Wintergreen Partners, Inc. v. McGuireWoods, LLP, Wintergreen contended that its former lawyers at McGuireWoods screwed up an appeal. As noted by the Supreme Court, McGuireWoods “failed to ensure […]

 

A Common Sense Conspiracy

Here’s my point: stop turning every bad business decision into a conspiracy claim. Enough is enough. Based on an anecdotal review of recent civil actions, it is as if the mafia is threatening to break an arm on every business transaction. Simply stated, contracts may be breached, but