Monthly Archive for November, 2007Page 2 of 11

Law Firm Beats Microsoft: $4 Million Dollar Lawsuit

Year long battle between a Minneapolis law firm and software giant Microsoft ends with a cool $4.2 award.

Not bad for a years work.

A judge in Wisconsin gave the large award, which includes fees and expenses to resolve this antitrust lawsuit against Microsoft Corporation.

Background on the Microsoft legal battle

The law firm, Zelle, Hofman, Voelbel, Mason and Gette, was represented by Minneapolis lawyer Richard Hagstrom. But they weren’t seeking that $4.2 million dollar award. No, they wanted more. They were actually seeking $22.6 million dollars in fees. That’s huge money - then again, Microsoft is a huge business. It’s the classic case of reach for the moon and even if you fail at least you’ll end up among the stars. In this case, the law firm shoot for the moon looking for that $22 million plus but only got $4.2 million. I’m sure they’re happy regardless.

Microsoft (MSFT), out of Richmond, Washington, had petitioned to the court judge that no award for fees be given to the firm. They felt that the attorneys at Zelle, Hofman, Voelbel, Mason and Gette had misrepresented the hours they claimed to work. Judge disagree with Microsoft’s assessment - but he still acquiesced them on the settlement though.

The judge’s opinion

Milwaukee County Circuit Judge Richard Sankovitz felt that while the lawyers at the law firm do deserve to get a nice fee for the hours they worked, the original petition of $22 million was just way too much and that the attorneys weren’t entitled to such a ridiculous magnitude of bonus.

“Microsoft’s stingy approach to this fee request is inconsistent with its willingness to pay arguably exorbitant fees to other lawyers representing other plaintiff cases,” wrote Judge Richard Sankovitz in his ruling.

The lawsuit didn’t just end there - consumers will be getting a piece of the action as well - as long as you live in Wisconsin. If you live in Wisconsin and you purchased Microsoft equipment from December 7th of 1993 through April 30th of 2003 you’ll be getting coupons for computer equipment (i.e. software such as Microsoft Office and Microsoft Vista and XP).

David v. Goliath?

I have to add that it takes guts to stand up to such a huge international corporation like Microsoft. Can you imagine the legal firepower they must have at their disposal? With 79,000 employees in 102 countries and a global revenue annually of $51.12 billion dollars Microsoft can definitely get themselves a legal dream team - leaving the O.J. Simpson dream team in the dust. To take them on - and then win - that’s monumental.

Does the fact that many feel that Microsoft has become too close for comfort as a near-monopoly play into the ruling? Public opinion of Microsoft in technology circles is sometimes low - with talk about Microsoft controlling and devouring competition in order to deliver leading profits.

Is there an underdog factor? Do people, including legal professionals, give a little bias to plantiffs going against the juggernaut Microsoft empire? Let’s think about it, we’re all human, what’s to say that no matter the professionalism of a jury or judge, that it doesn’t play into their minds?

We often speak highly of logic and reason when it comes to justice - but basic human faculties like emotion plays a role.

So I ask you a question. When you read this ruling, what did you feel? Were you happy that the law firm beat the “scary Microsoft monster”? Or did you feel that the ruling was unfair to Microsoft and that people can’t stand the success of business giants?

Law School Graduation: Deja Vu All Over Again

From J. Craig Williams:

Going home to the University of Iowa has a double meaning this time.  For the last 20 years, it’s been a homecoming with my law school classmates, professors and friends in Iowa City.  Steve and “Steve Army,” Deb the Registrar, Jerry, Linda, Rick, Kyndra, and Robert - along with “the gang” - have been regulars for the most part at the annual homecoming each Fall when watch the Hawkeyes play and occasionally win at football and we all sing (yell) the Iowa Fight Song at The Game.  “Steve Army” got his nickname from my kids, who were trying to distinguish my two roommates, both named Steve, and the nicknamed Steve was the clean-shaven, square-jawed jarhead on an ROTC scholarship.

You know the group. They’re your buds.  The ones who went through the train wreck of law school with you, quizzing each other on jargon-laden Latin phrases, reading 100+ pages for each class every night, suffering through endless hours of bleary-eyed studying, outlining 80 pages to summarize property, torts, contracts, criminal law and something called civil procedure that’s far from civil, filling up four blue books for each of the five finals at the end of the semester, tolerating overbearing professors because you have to, rules and regulations about what classes had to be taken when and where and occasionally went to the Airliner on Wednesday after class to lose ourselves in the oblivion otherwise known as pitchers of the cheapest beer we could order, talking over music turned down to allow spirited legal arguments between budding scholars of law.

Law school.

Not to paint a rosy picture, but while you may have thought Scott Turow gave you the real insight in his book named One L, if you rely on that whitewashed view, then you may want to get the real story first.  Call me, take to me to lunch and I’ll warn you off, or at least give you a reality check before you check in to Fall registration at your torture chamber of choice, er , I mean the law school that admitted you.

It didn’t work for my son, Michel Ayer, who despite my best advice to the contrary enrolled in my alma mater and graduated this past weekend.  OK, you’re right.  I didn’t wave him off, I offered the advice that only someone who had gone through the same train wreck could.  I let him in on all the inside secrets of which professors to take and which to steer clear of, which classes to take, what groups to join, how to study, what not to study and generally everything I wish someone had told me, but didn’t.

But don’t let me fool you here.  I wasn’t the one who went to law school all over again.  It was Michel who went and achieved what I didn’t:  Captain of the Moot Court team, winner of the Best Brief and Best Oral Advocate awards in the Jessup International Moot Court competition, Administrative Editor of the Journal of Corporate Law, a Summer Clerkship at Quarles & Brady in Phoenix and a separate Masters in Urban & Regional Planning, all while managing to maintain his marriage to Stacy, a very beautiful, charming and intelligent bookkeeper for a large insurance company.

Can you tell my vest buttons are popping?

Yep, this weekend is Michel’s graduation from the University of Iowa College of Law along with a U&RP Masters degree.  Then on Tuesday, he’s off to Phoenix for several months of studying for the Arizona Bar and in September an Associate position at Quarles & Brady.

Twenty years ago today, I graduated from the same law school, looking forward to the challenge of a bright new practice in California.  While I was proud to have survived law school and landed a job, the pride I feel today has no comparison.

It’s everything you hope for your children, and more I can’t even begin to explain.  If you’re a parent, then you already understand.  If you’re a graduate, just give yourself some time.

Your buttons will pop, too, and although your eyes will water when you watch the Dean hand him his diploma, you’ll just say that something got in your eye.

Then you’ll realize.

Top Ten Best Responses to Interview Questions

I had to share this post with you guys.

I couldn’t find an author to this, so if any of you LawVibers know who wrote this, let me know so I can attribute it properly. This post is all about the sometimes agonizing process of law firm summer interviews. We all get interviewed. We all get to answer stupid questions. We all say one thing but we sometimes might really want to say something else. Check out what goes in the mind of this law student during interviews.

One of the worst experiences in law school has been the ritual of submitting applications for summer employment and then going through a series of 20-minute screening interviews that would put a marine drill sergeant to shame when it comes to humiliating and dehumanizing you. Here are my top-ten (least) favorite questions, and how I actually answered them as opposed to how I would have liked to answer them.

1. Why are you interested in this firm?

What I said: Your firm handled (insert name of case I read on their website) which I found to be exciting because it was just like another case I was reading in this class I got an A in. I’ve also asked some (read: none) upper class-men about your office and they said it’s a great work environment.

What I thought: I looked through your attorney roster and saw that you hire people who do not appear to have any honors and come from bad law schools. That made me think that I have a chance to work here.

2. Why did you go to law school?

What I said: I went to law school because I want to be able to make a difference. Legal work allows me to be competitive and to work for justice, both of which are important things in my life.

What I thought: That’s a good question, and I ask myself it daily. I’d have to say the answer is, stupidity.

3. Do you think your grades are an accurate reflection of the kind of work you will do as an attorney?

What I said: Law school has been a challenge, and I think my grades reflect that. More important than my grades, which by the way have steadily improved over my academic career, is my dedication to the work I do. My performance during my summer jobs is the best indicator of how I will work, and you will find that my previous employers were all pleased with me (or at least forgot who I am and so will not remember the fuck ups).

What I thought: My grades are absolutely a good reflection of how I will work. I will put in the minimum amount of effort needed to not get fired, and I will approach my job with contempt and disinterest.

4. What would you say is your greatest weakness?

What I said: My greatest weakness is that I get too personally involved with my work. For instance, when I am working on trial prep, and then the case settles favorably, I feel as though it should have gone to trial anyway, despite knowing that the settlement is what’s best for our firm and our client.

What I thought: Pussy. If there are any females in your office, you can be certain I will work twice as hard to get into their pants as I will to make my billables. And yes, since you require us to bill 1,900 hours, that means I will be sexually harassing my co-workers 3,800 hours a year.

5. Tell us about a recent mistake that you have made.

What I said: I accidentally misfiled a case at work that was set to go to trial the next week. As soon as I realized this, I alerted my supervisor and disaster was averted.

What I thought: An even bigger mistake I’ve made has been wasting 20 minutes of my life in this interview instead of taking a dump, that would have been much more satisfying and productive.

6. What do you do for fun?

What I said: I enjoy jogging, skydiving, and traveling to exotic countries.

What I thought: When I really want to have fun, I grab my “Big Butt Sluts # 24″ DVD, a bottle of Bourbon, and a bottle of lube. By the end of the night, both bottles are empty, and my room smells like jizz and puke.

7. Tell us about your style of leadership.

What I said: I lead by taking the initiative and working proactively with my peers to come up with solutions.

What I thought: I lead by playing “The Eye of the Tiger” on a boombox while pounding my fist on the table and shouting insults. (It works, I’ve done it)

8. If you don’t get hired by this firm, what will you do?

What I said: I will analyze what I could have done better during the interview and take that knowledge with me into my next interview with [rival firm name].

What I thought: I will breath a sigh of relief that I won’t be working for an asshole like you. Or I will stalk you and slit your throat. I haven’t decided yet.

9. Do you have any questions for us?

What I said: Will I have a key so that I can come in and work on the weekends?

What I thought: Will I have a key so that I can come in and have sex with my girl friend on my desk on the weekends?

10. We value creativity among our associates. With that in mind, what kind of plant would you be, and why?

What I said: I would be a tree, because they are tall, strong, and live a long life.

What I thought: I would be a tree, so that I could fall on you and kill you.