The March issue of Litigation News includes two items that will make beaucoups of hourly lawyers grimace.  The titles say it all: 

  • "Corporations Balk at Outside Counsels’ Automatic Rate Increases:  Wal-Mart, Shell, and other corporations say rising associate salaries are to blame"
  • "In-House Counsel Are Keeping Closer Tabs on Outside Lawyers:  Law departments use

Blawgletter adores the myth-busting thunderbolt hurling that goes on across the pond at Adam Smith’s Lost Legacy. Why just today we read the estimable Gavin Kennedy electrocute those who misuse Mr. Smith’s occasional invocation of the “invisible hand” figure of speech:

Nobody has yet accounted for the invisible hand in their use of it

On February 27, the U.S. Senate passed a bill to add Rule 502 to the Federal Rules of Evidence.  The text follows:

Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver

    The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work-product

Dracomalfoy
A different Draco.

The Seventh Circuit upheld dismissal of a complaint as a sanction for failing to abide by an order compelling plaintiffs to present knowledgeable witnesses to testify at a Rule 30(b)(6) deposition.  After noting the "draconian" nature of the sanction and its status as a "last resort", the court said:

That doesn’t mean

There is no basis in fact or law for this award or for the earlier compensatory-damage award.  We are confident in our position of appeal.

Doug Petkus, spokesperson for Wyeth, after a federal jury awarded $19.4 million in punitive damages for causing Donna Scroggin to develop breast cancer from her use of Wyeth’s hormone-replacement

Say you go to a meeting.  You think the other company infringes your company’s trademark.  To gain the other side’s confidence, you concede a weakness or two in your position.  You go so far as to say that a particular design doesn’t "offend" you.  The negotiations end without a settlement.

Four years pass.  In the