Posted on February 11, 2008 by Max Kennerly, Esq.

Trial Lawyer Tip: Don’t Take Losers

There I was, reading an ABA Journal article on how Stephen Susman, contingent-fee business trial lawyer extraordinaire, green with envy, when I spotted this gem: Every lawyer in the firm votes on whether to accept cases pitched by others in the firm. They don't take possible losers, or those without significant profit potential. Really? Then I guess they don't take any cases at all. Why would you ever hire a lawyer if you have a case with a significant profit potential that's impossible to lose? As with any business, you always need to recognize what value you are providing the ... Continue Reading

Posted on February 6, 2008 by Max Kennerly, Esq.

12(b)(6) and Twombly in the Third Circuit

If you haven't been closely following Federal Civil Procedure, there has been a question over the past few months whether Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007) changed the 12(b)(6) pleading requirements or not. Twombly clearly rejected the rule that a complaint may not be dismissed "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief," but no one has really figured out what the new standard is (other than the word "plausibility" shows up a lot), and the opinion specifically says ... Continue Reading

Posted on February 1, 2008 by Max Kennerly, Esq.

Plaintiff’s Representation is a Serious Investment

Snipped from a WSJ Law Blog note on starting an plaintiff's intellectual property practice: ... the new IP group willl focused on enforcing the patent rights of inventors and universities against big business. “It’s actually quite consistent with our traditional practice,” says founding partner Darren Robbins. If you think about it, he’s right. A patent plainitiff needs the financial resources to go after large corporations — something that a plaintiff’s firm used to working on contingency is able to provide. As Robbins put it: “We can go eight years and pony up $30 million.” ... Continue Reading