by Ken Lopez Founder / CEO A2L Consulting One month ago I wrote an article titled 9 Things Outside
Litigation Counsel Say About In - house Counsel, and we recently included it in our free In - House Counsel Litigation Toolkit e-book.
One month ago I wrote an article titled 9 Things Outside
Litigation Counsel Say About In - house Counsel, and we recently included it in our free In - House Counsel Litigation Toolkit e-book.
Below are nine things I hear outside
litigation counsel say regarding in - house counsel that deserve more attention:
Not exact matches
Successful ones combine it with something certain, like
litigation or personal injury,»
says Warren Smith of recruiting firm The
Counsel Network.
Carl Wilkerson, vice president and chief
counsel, Securities &
Litigation, for the American Council of Life Insurers (ACLI)
said in a prepared statement that ACLI was «disappointed» with Warren's report, which «misrepresents the comprehensive regulatory framework that governs conduct in the sale of insurance products and protects consumers» interests.
«Mike's exceptional experience after more than two decades with some of the elite labels in the spirits business will be a great asset to our team,»
said Mr. Graff, who has served as
counsel to wholesalers in
litigation across the United States, challenging state statutes prohibiting the cross border shipment of alcohol beverages.
«The NCAA's current rules severely restrict the ways in which the players can market themselves and license their name, image, and likeness — all to the benefit of the member schools and the NCAA,»
says Sathya Gosselin, a Hausfeld LLP attorney who has served as trial
counsel in the landmark O'Bannon v. NCAA
litigation.
«eHarmony is happy to move beyond this
litigation so it can continue building Compatible Partners into a successful service,»
said Robert Freitas of Orrick, Herrington & Sutcliffe LLP, outside
counsel to the company.
«The decision in Boone County Board of Education v. N.W., as it stands, would force cash - strapped school districts to bear the high costs of private placements during
litigation, even when a court ultimately rules that the district has made FAPE available in a public school setting,»
said NSBA General
Counsel Francisco M. Negrón Jr. «The lower court's decision sets a terrible precedent that prolongs due process and court proceedings and discourages informal resolution of special education disputes through mediated settlement.
«Today's decision gives hope back to Watts and East Los Angeles that their kids count every bit as much as students everywhere else,»
said Catherine Lhamon, director of impact
litigation at Public
Counsel Law Center.
Romero, who authored the 2010 law,
said she was stunned by the district's position, which was laid out in a letter Wednesday from Kathleen Collins, L.A. Unified's chief administrative law and
litigation counsel.
Adding foreign companies to the
litigation is a tactical maneuver to keep the dispute out of state court, where the cities have more favorable prospects, and force it into federal court,
said Julia Olson, executive director and chief legal
counsel for the environmental law group Our Children's Trust, which isn't involved in the case.
Say a corporate
counsel searches the directory for a
litigation attorney in Boston.
That
litigation may have softened in recent months is evident on another front in the Fulbright survey: only 22 % of in - house
counsel said they expect to see the number of legal disputes their companies face increase over the next 12 months; a year ago, 33 %
said they were anticipating a rise in lawsuits involving their company.
The announcement goes on to
say that three ALM publications will remain free for unlimited reading online — Corporate
Counsel, Law Technology News and The Asian Lawyer — while content from four «premium» publications — Supreme Court Brief,
Litigation Daily, New Jersey Law Journal Decision Alert and Delaware Business Court Insider — will continue to be accessible only to paid subscribers.
In one major recent constitutional law case FMC partner Brian Foster and
litigation counsel David Tavender acted for the Alberta government regarding the planned national securities regulator, he
says.
Many business leaders and in - house
counsel say that they strongly prefer alternatives to
litigation.
One good sign would be when
said general
counsel recommends «hiring a junior lawyer to «oversee»
litigation,» writes The Wired GC in response to this post by blawgger Patrick Lamb.
«The amount billed by Holland & Knight in the
litigation was reasonable and appropriate,»
says L. Kinder Cannon III, the firm's general
counsel.
«The firm's
litigation model «which depended heavily on high charge hours levels by associates,
counsel and partners to offset the impact of discounted rates and increased write - offs of expenses and time, has been under pressure for at least three years,» the plan
says.
«I have met with a couple of the plaintiff class action firms who are counting the number of sleeps until July 1,»
said Peter Clausi, executive vice president corporate affairs and general
counsel at GTA Resources and Mining Inc. «I think they are going to wind up being the Wade Boggs of
litigation — they're going to go to the hall of fame hitting singles.»
«Many corporate
counsel have begun to take the fundamental steps necessary to ensure their companies are better prepared for discovery and
litigation,»
said Barton.
After - the - event (ATE) insurance has branched out beyond personal injury cases and is now available for all sorts of
litigation,
says Nick Robson, vice-president and general
counsel in the Toronto office of the TheJudge Global.
Roderick I» Anson Banks of Partnership
Counsel in the UK here talks to Lawyer Monthly about his in - depth experience and practice in partnership and LLP law, particularly as regards disputes and the challenges and benefits of ADR, which he
says, is definitely preferable to
litigation, in almost any...
«If the agreement blows apart, the person wanting to be protected sues the lawyer
saying «you didn't give me an airtight agreement,»»
says Cynthia Miller, LAWPRO Unit Director &
Counsel (
Litigation), «Or the other party will
say to their lawyer «you didn't make sure that I had proper disclosure of the excluded assets and I didn't realize what I was giving up.»
For instance, the GC of a large financial institution
said she was once told by her
litigation counsel, «Look, it's our factum; that argument stays in.»
More often than not, the global general
counsel and heads of
litigation are based there, whether that's in New York, Chicago or Los Angeles, so you need to be there,»
says Clyde & Co senior partner Simon Konsta.
«We are pleased to bring our
litigation with BMC and 3B to a resolution and to have our intellectual property and patents validated through this settlement,»
said David Pendarvis, ResMed's Global General
Counsel.
«Many plaintiffs» lawyers fall victim to clients who desperately need money in the early stages of a personal injury lawsuit,»
says Cynthia Miller, Unit Director &
Counsel (
Litigation) at LAWPRO.
«
Litigation teams more and more need a cloud - based solution where outside counsel, inside counsel and everyone on the litigation team can all build their case together,»
Litigation teams more and more need a cloud - based solution where outside
counsel, inside
counsel and everyone on the
litigation team can all build their case together,»
litigation team can all build their case together,» Asay
said.
Carey Olsen's head of
litigation and managing partner John Greenfield
said of the appointment: «Michael is an established trust practitioner and his title reflects reputable expertise in the offshore trust world where he has worked alongside leading
Counsel and international law firms.»
Not only should lawyers consider apologizing themselves, she
says, but they «should consider
counseling their clients that apologies can go a long way in avoiding or limiting
litigation as well.»
«The judgment recognizes what we have long known: solitary confinement exists in Canada no matter what the government chooses to call it, it harms everyone, and it must end,»
says Raji Mangat, West Coast LEAF's Director of
Litigation and
counsel in this case.
Elevate Founder and Chairman Liam Brown
said «Med Legal's services have cut costs and improved outcomes for AmLaw 100
litigation teams and in - house
counsel in the legal, pharmaceutical, insurance and health care sectors.
Davis Polk & Wardwell has hired former US Securities and Exchange Commission enforcement director Gary Lynch as
counsel in its
litigation department, the firm
said.
«Learn a case quickly,»
said one surveyed chief
litigation counsel of a leading regional bank.
The areas of practice BTI
says corporate
counsel deems both a priority and have moderate growth were: a) IP
litigation b) class actions c) M&A and d) regulatory (there were no high - growth areas and average growth was characterized as 1.1 %).
«Tim and Darrick are accomplished trial lawyers with impressive experience handling IP
litigation, procurement and
counseling,»
said Michael Switzer, chair of the Intellectual Property Practice Group.
Ronald S. Milstein, general
counsel for Lorillard Inc., LO -0.76 %
said the tobacco company uses Hughes Hubbard & Reed LLP, a well - known New York law firm, to handle corporate work and national product - liability
litigation.
«This could be totally unexpected and unbudgeted,»
says Dera Nevin, e-discovery
counsel and senior director of
litigation support services at McCarthy Tétrault LLP.
The result,
says Scaletta, is that Manitoba Public Insurance gets «top - notch
litigation counsel at rates far below those of local
counsel, and in - person consultations are a 10 - minute walk away.
In my comment of November 24, 2009 I
said «The issue is whether
counsel and / or judges who do want to work in an electronic environment...» was missing the word «not» and the sentence should read «The issue is whether
counsel and / or judges who do not want to work in an electronic environment can insist that
litigation be conducted in a paper environment or should they be required to learn how to conduct a trial in an electronic environment?»
Heuristica Discovery
Counsel is offering lawyers a suite of litigation software, and the tech and legal support necessary for handling electronic evidence, says Duncan Fraser, its co-CEO and senior c
Counsel is offering lawyers a suite of
litigation software, and the tech and legal support necessary for handling electronic evidence,
says Duncan Fraser, its co-CEO and senior
counselcounsel.
«TC Heartland v. Kraft has already created new trends in patent
litigation, but the upcoming decision in Oil States v. Greene's Energy may have an even greater impact on PTAB cases,»
said Brian Howard, Lex Machina's Associate General
Counsel and Legal Data Scientist, and author of the report.
For example, in - house
counsel said they give outside firms total responsibility for big lawsuits only 10 % of the time, but law firms believe clients give them complete control of
litigation work 58 % of the time.
They have a lot to
say about outside
litigation counsel that I don't normally see reported in the popular press.
As instant messaging gains widespread use at many companies — 53 % of in - house
counsel said employees use IM, while the rate among billion - dollar firms was 70 % — businesses have the added burden of capturing and retaining those running online conversations in the event they are needed in a
litigation hold instruction.
«The bureau also pursues
litigation in the Competition Tribunal and so I would be trial and appellant
counsel for the bureau on those matters,» he
says.
In one key aspect of records retention — responding to a preservation order or so - called
litigation hold — businesses have taken heed: 89 % of in - house
counsel said their companies now have
litigation hold procedures in place.
«BMO's
litigation submission was the overall winner for me,»
says Lorne O'Reilly, senior
counsel with Dow Chemical Canada ULC.