I am flabbergasted. I just opened up my first email this morning. It is from Joyce Smiley at JKS Company, and she sends a periodic report, also published online, Verbatim, What Clients Say. The lead paragraph states...
Judge Alsup of the ND California clearly embraces the concept that "judges already have the authority to curtail [non-practicing entity patent litigation] practices: they can make trolls pay for abusive litigation."…more
For reasons entirely unbeknownst to me, professors, law deans and others in law school frequently refer law school grads to me to suggest approaches to the legal workforce…more
E-discovery costs incurred by the prevailing party – easily running into the hundreds of thousands of dollars in complex commercial and IP litigations – may be compensable under 28 U.S.C. § 1920(4)…more
Michael Rynowecer writes as “The Mad Clientist” and his latest post, Outtakes for the Client Service Laboratory makes you wonder just what kind of drug-induced haze so many seem to live in. Take these two examples..…more
The latest insight from my partner, Nicole Auerbach, in her monthly feature, Insights From The Corner Office (even though she voluntarily gave up her corner office for more windows and a better view)..…more
My partner Nicole Auerbach, proud owner of a middle office, recounts the lessons learned when she voluntarily gave up her corner office, and also those from some other risks she’s taken along the way. This is her story, as first…more
With his permission, I want to share with you a note I received from Ken Grady, the former General Counsel of Wolverine World Wide, Inc. and architect of the astonishingly successful Wolverine law department and its…more
Like many, I've been following the Obama administration's response to the IRS scandal. The response has seemed to be a mix of defense and pushing an Obi-Wan Kenobi message of, "These are not the droids you're looking for ..."…more
Nicole Auerbach, partner at Valorem Law Group, discusses the pay disparity between women and men equity partners in law firms. Although women make up more than half of law school graduates (since the early 1990's) the billable…more
Seemingly unrelated, the WSJ’s discussion of antitrust claims challenging below-cost pricing (Antitrust Busters with Gavels, 4/26/2013) and the Internet tabloid Above the Law’s discussion of increased use of “suicide pricing” by…more
The Wall Street Journal recently reported on the increasing number of BigLaw partners charging more than $1000 per hour. My thoughts on hourly billing are well know, but the criticism of these rates as excessive misses the point…more
Just ran across an article in Today’s General Counsel on choosing between litigation and arbitration. There are many factors that go into a decision to pursue one or the other, but this paragraph caught my eye..…more
I am frequently asked how I go about pricing the handling of a lawsuit. I am always tempted to answer with the old line, “I could tell you but then I’d have to kill you.” My real answer goes something like this: “Before talking…more
Everyone claims to offer fee structures that are alternatives to the billable hour. Frequently, these “alternatives” are nothing more than estimated hours x hourly rates, plus “a little cushion.” So clients should ask:
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