There are two trends increasing the costs of patent litigation.
The first is the increased use of Daubert motions to exclude the opinion of opposing damage experts as unqualified or unreliable. The practical result is…more
The principal victims of this phenomenon have been those lawyers who become trapped in the culture of short-termism. That culture is especially rampant among the prestigious big firms, where, as a group, lawyers are the…more
1. Has your management mandated (or gently suggested) that you reduce your spend on litigation? Would it be a good career move if you achieved a reduction in total spend?
2. Do your law firms spend more than the…more
Another law firm has motivated its associates to spend more time rather than less getting their work done. Kaye Scholer is paying upwards of $20,000 in additional bonuses to those who exceed 2,200 hours per year. The firm’s…more
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
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