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March 08, 2008
Stewart Weltman: Lean, mean, worth reading and watching.
Re: our SLM (Federal Courts) series, see Stewart Weltman's Lean and Mean Litigation and a piece on a subject of interest to us: discovery done right, which good judges and their clerks don't always have a perfect handle on. We'd have proudly put our name to this post, "Another Reason Why You Shouldn't Play Games When Producing Documents". It reflects the broad and liberal precept of Rule 26, Fed. R. Civ. P. (and state counterparts), withholding information on relevancy grounds (generally, a bad idea and even notion), and the "dicey" problem of redaction. Note the boomerang graphic, folks.
Posted by JD Hull at 11:59 PM | Comments (0)
Is Holden Oliver a radical Muslim?
Like George Will, he's one of our best 17th century minds. His middle initial is H--but the literal meaning of Muslim is a person who "submits" to the Will of God. Holden is a lapsed Episcopal--it's a little late for him in any organized religion. He went to the "right schools" (but wished he'd attended Summerhill as a child), made law review, and he likes difficult women and scotch. He's in good shape--but he won't let on
that he ever works out. Last summer he took the Hull McGuire DSM-IV-driven narcissist test for litigators and got a perfect score--but he wants to do corporate tax law. Anyway, ancient law student and recovering journalist Holden H. Oliver gets a little weird as exam time in the Bay Area approaches. But he's a quick study. An expert on the development of the DaneLaw (Danelagh) in the 9th century (long story but that's the reason WAC? met him in the first place), he would have been very happy as the village magistrate in a past age in rural East Anglia. His religion: "making my life art". Grandiose but admirable. Good luck on those outlines, Holden. Godspeed. But we expect a post on Ordeal By Water by the middle of next week.
Posted by JD Hull at 11:12 PM | Comments (1)
21st century lawyers: "A profession on the brink".
Brit Nick Holmes at Binary Law has always had a good eye for new things on both sides of the Atlantic. Through Nick, we just noticed Law21, "Dispatches from a Legal Profession on the Brink", by lawyer-journalist Jordan Furlong, who is also Editor-in-Chief of National magazine at the Canadian Bar Association. Unlike some other bar associations, the CBA has underscored and promoted client-focused methods, techniques and overall thinking in law practice. See PracticeLink, where client service seems to be a main event--not an add-on or obligatory PR to trumpet on lawyer websites.
Posted by JD Hull at 06:30 AM | Comments (0)
March 07, 2008
Today, 24th and M, NW.
Q Going home already?
A Would have left earlier--fell asleep at my desk.
Posted by JD Hull at 11:59 PM | Comments (0)
U.S. private sector: biggest job drop in 5 years.
NEW YORK (Reuters) - U.S. private employment fell unexpectedly for the first time in nearly five years in February, according to a private report on Wednesday that dealt another blow to an economy teetering on the brink of recession. [more]
Posted by Holden Oliver (Kitzbühel Desk) at 06:17 AM | Comments (0)
U.S. Senate approves product safety reform bill; foreign-made goods highlighted.
WASHINGTON, D.C. – The Senate on Thursday passed the most sweeping reform of the nation's consumer safety system in a generation, including stricter tests for toys, greater public access to complaints about products and an overhaul of the federal safety agency charged with regulating most items in American homes.
The bill, which passed 79-13, is tougher in key areas than a House version approved last year. House and Senate negotiators will meet to reconcile the differences before the bill heads to President Bush. [more]
Posted by Holden Oliver (Kitzbühel Desk) at 05:37 AM | Comments (0)
March 06, 2008
Got $2,300?
So HRC is "back"--and quite a few more contentious primaries to go. If you're not maxed out, still inspired and/or rich, see our famous FEC Contributions Guide, a summary (with citations) of what you can give to HRC, Obama or McCain. Campaign contribution limits for California are also thrown in for laughs. Seriously, don't try some of this stuff at home, especially if you're in a group or organization; ask for help.
Posted by Holden Oliver (Kitzbühel Desk) at 11:59 PM | Comments (0)
The UK's Justin Patten: British Reserve, Human Law and Intelligent Mediation.
A year ago this week I spent an hour or so near my hotel in Mayfair (close to the Marble Arch on the northeastern corner of Hyde Park) with my friend Justin Patten of Human Law Mediation, a firm for higher-end clients he founded six years ago. If you're an American or
European business lawyer, and you don't know this English gentleman, solicitor, mediator, and thought leader, you should get to know him. Justin himself specializes in HR and employment disputes mediation--but offers a wide variety of mediation training programs to businesses and law firms. He's an original--and loves what he does. See his website or ground-breaking blog. He didn't ask for this post; Justin is a creature of Brit reserve, and never asks us to do anything for him. WAC? just admires him. We think of him as a sane version of our London barrister friend GeekLawyer: another mega-talented southern Englishman "in trade", yet less likely to upset your mother, your wife, your girlfriend, or all three.
Posted by JD Hull at 11:59 PM | Comments (0)
March 05, 2008
Blawg Review #149: Antitrust Review
David Fischer of Shook, Hardy & Bacon, LLP hosts Blawg Review No. 149 at Antitrust Review.
Posted by Brooke Powell at 11:59 PM | Comments (0)
Mediating Internationally: Boston's Dwight Golann
At the International Dispute Negotiation series of The International Institute for Conflict Prevention & Resolution (CPR), hear the latest IDN interview, No. 16 "How to Borrow a Mediator's Powers" featuring Prof. Dwight Golann from Boston's Suffolk University Law School. Hosted by Michael McIlwrath, Senior Litigation Counsel with General Electric based in Florence, Italy.
Posted by Brooke Powell at 11:59 PM | Comments (0)
EBay patent suit finally settled.
From Canada's LawDay:
WASHINGTON – EBay Inc. and MercExchange LLC have settled a patent lawsuit that ended a long running legal battle, which prompted a landmark U.S. Supreme Court ruling.
The legal fight, which began in 2001, resulted in a US Supreme Court ruling in 2006 that weakened courts' power to issue injunctions to bar firms from using infringing technology. [more]
Posted by Holden Oliver (Kitzbühel Desk) at 11:59 PM | Comments (0)
Client Service Rule 12: Have Fun.
"It's supposed to be fun. American law is extremely varied, elastic and constantly presenting new practice areas--especially in the larger cities. It has something for everyone.... It's a privilege and joy to do what lawyers do when they do it right."
Posted by Holden Oliver (Kitzbühel Desk) at 12:40 AM | Comments (0)
March 04, 2008
Do you feel smart?
Well, do you, punk?*
This World is run by self-involved creatures (yours truly included) prone and programmed, for at least optimism's sake, to think that a success means "I am smart". And why not? We all like to think that hard work pays off. Certainly, work done right helps your odds. But for years (since 8th grade at Indian Hill Jr. High School in Cincinnati, to be exact) I've wondered why things, especially certain strategies, do work out--or don't--and if I should take credit for them when they do. Is it really me "making things happen"? Is it generally the talent of the doer(s)? If so, is there a formula?
Or is it something else? Luck, odds, Irish fairies, Fergus the Great, maybe?
I started thinking about it again reading Fooled by Randomness: The Hidden Role of Chance in the Markets and in Life, an earlier book of Black Swann author Nassim Nicholas Taleb. This is a humbling and wonderful book. Luck or "not-smart" factors, it seems, may create success. However, if you are not 99% accurate in your view of your true abilities (most of us, of course, are not), do not give this book as a gift to your immediate boss who made you rich. It will shatter you both. It also concludes: Yes, Virginia, smarts are out there--but they are probably not yours. Oh, well. Dang.
And if the company you work for ever figures that out, it might try to get the stock options back. Read the book--but keep it to yourself.
*With a nod to Inspectors Callahan, and Dan Harris of China Law Blog.
Posted by JD Hull at 01:16 PM | Comments (0)
March 03, 2008
Tomorrow the streetfight: Obama v. HRC, Texas, and Back to Ohio.
AP: Texas and Ohio battleground. Two big states with rich and colorful political histories; anything could happen. Yes, this affects you--and all your clients. Right now: Obama has 1,385 delegates, HRC has 1,276. Total of 2,025 needed to win. John McCain looks like the GOP winner.
Posted by Holden Oliver (Kitzbühel Desk) at 11:59 PM | Comments (2)
Your business client is a defendant in a state court.
And the client is wary of state courts. So consider removal to a federal court under 28 USC 1441, "Actions removable generally". More cases are removable than you might think. For removal based on diversity, generally it's either there or not there from the face of the complaint. Federal question removals are trickier. You can be creative--but do see Rule 11. Think and act quickly; there are deadlines.
Posted by JD Hull at 11:59 PM | Comments (0)
London: Saturday's Charon QC
Charon QC, London's well-regarded lawyer-pundit, has a fine review of last week's news and Brit blogs. "Blogging" may not be ground central for All Things Legal or Otherwise on the Planet. Time is precious to busy people; as a friend recently asked, "should humans blog, ski, watch birds or philander in their spare time?" But you are missing the big picture--and some fun--if you do not check in with Brit blogs. These phlegmy men, like Reactionary Snob, and exotic birds, like Ruthie, do own our language. It shows in their skill, play and heart with words. Never prissy. See, respectively, "Assorted idiocy" (Snob, the libertarian) and "Fair Trial My Arse" (Ruthie, the demure).
Posted by JD Hull at 11:59 PM | Comments (0)
Duke in Wonderland; Cornell in Heaven.
Mike Krzyzewski wins 800th. NBC: 87-86 against NC State at Raleigh. Coach K thanks evil twin-mentor Bobby Knight. And Cornell defeats Harvard to win Ivy league, finally slipping past Penn and Princeton and making the NCAA tournament.
UPDATE: The normally staid and ancient Duke daily, The Chronicle, gets excited about Coach K's win, too.
Posted by JD Hull at 10:43 AM | Comments (1)
Must bust in early May, orders from the DA...
Posted by Holden Oliver (Kitzbühel Desk) at 12:47 AM | Comments (2)