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Tracking Top Boutique Law Firms – Above the Law

Boutique
law
firms
are
transforming
the
legal
industry
by
prioritizing
personalized
client
service
and
specialized
expertise.
While
there
is
no
universally
accepted
definition
of
“boutique”
law
firm
,
there
are
a
few
commonly
accepted
criteria.
Unlike
large
firms,
boutique
practices
focus
on
building
close
relationships
with
clients,
offering
tailored
legal
solutions,
and
providing
direct
access
to
attorneys.
Their
smaller
size
enables
greater
agility
in
adapting
to
client
needs
and
industry
changes,
streamlined
operations,
and
reduced
bureaucracy.

These
firms
often
attract
lawyers
passionate
about
specific
areas
of
law,
resulting
in
dynamic
and
targeted
representation.
Clients
benefit
from
faster
response
times
and
deeper
engagement,
while
attorneys
enjoy
a
better
work-life
balance
and
more
hands-on
experience.
As
the
demand
for
personalization
and
efficiency
grows,
boutique
law
firms
are
paving
the
way
for
innovation
and
a
client-centered
approach
in
the
legal
profession.

Five
of
the
main
advantages
to
boutique
law
firms
can
be
described
as:


  1. Specialized
    Expertise
    :
    Boutique
    law
    firms
    focus
    narrowly
    on
    specific
    legal
    areas,
    offering
    state-of-the-art
    solutions
    and
    unmatched
    efficiency
    for
    specialized
    problems.

  2. Client-Friendly
    Fee
    Structures
    :
    They
    provide
    competitive
    and
    tailored
    pricing,
    often
    more
    favorable
    than
    Biglaw
    firms.

  3. Talented
    and
    Experienced
    Lawyers
    :
    Boutique
    firms
    are
    frequently
    staffed
    by
    top-tier
    lawyers
    with
    Biglaw
    experience,
    bringing
    high-level
    expertise
    to
    a
    focused
    practice.

  4. Leverage
    Technology
    :
    These
    firms
    use
    cost-effective
    tools
    like
    cloud
    storage
    and
    virtual
    office
    solutions
    to
    reduce
    overhead
    and
    remain
    competitive.

  5. Personalized
    Service
    :
    Boutique
    firms
    excel
    in
    offering
    deeply
    personal
    and
    customized
    legal
    solutions,
    distinguishing
    themselves
    in
    a
    technology-driven
    legal
    market.

There
are
many
different
rankings
of
boutique
law
firms
but,
of
course,
the
ranked
firms
depend
on
the
definition
of
this
type
of
firm.
One
of
the
more
widely
accepted,
or
at
least
prolific
rankings
of
boutique
law
firms
is
from
the
website

Vault
.

To
get
a
sense
of
boutique
law
firms’
business
I
took
a
look
at
the
top
six
ranked
boutique
law
firms
according
to
Vault:
Susman
Godfrey,
Kellogg
Hansen,
Bartlit
Beck,
Keker
Van
Nest,
Selendy
Gay,
and
Hecker
Fink.
Here
are
a
few
ways
to
think
about
boutique
law
firms
and
the
work
they
do.
First
a
look
at
the
extent
of
their
business
over
the
last
12
months
based
on
opinions
where
a
member
or
more
of
the
firm
was
listed
as
counsel.

Susman
Godfrey
works
on
quite
a
few
more
litigation
matters
than
the
other
firms.
To
drill
down
into
why,
here
are
a
few
data
points
on
each
of
these
law
firms
from
Vault’s
firm
profiles:

In
order
to
assess
these
firms’
reaches,
here
is
a
look
at
the
courts
where
these
firms
were
listed
on
opinions
across
the
same
period
as
the
graph
above.

To
gain
a
better
understanding
of
the
particularized
work
these
firms
do,
the
following
tracks
three
cases
where
these
firms’
lawyers
authored
briefs
over
the
past
12
months.
Each
case
assessment
looks
at
(1)
what
the
case
is
about,
(2)
what
the
brief’s
position
is,
and
(3)
why
the
brief
argues
that
the
position
is
correct.
This
should
provide
an
deep
look
at
the
type’s
of
matters
these
firms
handle
and
how
they
design
their
arguments.


Roberts
v.
Roberts
(Court
of
Appeals
of
Texas)

Attorneys
on
the
case:
Vineet
Bhatia,
Shawn
L.
Raymond,
Scarlett
Collings,
Daniel
Wilson


  • What
    the
    case
    is
    about
    :
    This
    case
    involves
    a
    dispute
    between
    Nicole
    Roberts
    and
    her
    brother,
    Scott
    Roberts,
    regarding
    breaches
    of
    the
    operating
    agreement
    for
    R
    Partnership,
    a
    family
    business.
    Nicole
    alleges
    that
    Scott
    unilaterally
    entered
    into
    unauthorized
    multi-million-dollar
    contracts,
    misclassified
    personal
    expenditures
    as
    capital
    contributions,
    and
    misused
    partnership
    funds,
    leading
    to
    financial
    and
    operational
    harm
    to
    the
    partnership.

  • What
    the
    brief’s
    position
    is
    :
    The
    brief
    argues
    that
    the
    trial
    court
    erred
    in
    awarding
    Scott
    $5.9
    million
    for
    purported
    capital
    contributions
    and
    denying
    Nicole’s
    claims.
    It
    contends
    that
    Scott
    breached
    the
    operating
    agreement,
    acted
    without
    required
    member
    consent,
    and
    improperly
    benefited
    financially
    from
    his
    unauthorized
    actions,
    which
    violated
    the
    partnership’s
    governing
    terms.

  • Why
    the
    brief
    argues
    this
    is
    the
    correct
    outcome
    :
    The
    brief
    asserts
    that
    the
    operating
    agreement’s
    explicit
    terms
    prohibit
    Scott’s
    unilateral
    actions,
    making
    his
    expenditures
    void
    or
    voidable.
    It
    argues
    that
    the
    trial
    court
    misapplied
    the
    agreement
    by
    crediting
    Scott
    for
    unauthorized
    expenditures
    and
    improperly
    treating
    them
    as
    capital
    contributions.
    Correcting
    these
    errors
    would
    uphold
    the
    agreement’s
    terms,
    prevent
    unjust
    enrichment,
    and
    fairly
    compensate
    Nicole
    for
    the
    partnership’s
    losses
    caused
    by
    Scott’s
    actions.


FS
Credit
Opportunities
v.
Saba
(US
Supreme
/
Petition
Stage)

Attorneys
on
the
case:
Mark
Musico,
Jacob
W.
Buchdahl,
Zach
Fields


  • What
    the
    case
    is
    about
    :
    This
    case
    deals
    with
    whether
    people
    or
    companies
    can
    sue
    to
    cancel
    contracts
    that
    break
    certain
    rules
    in
    the
    Investment
    Company
    Act
    (ICA).
    It
    focuses
    on
    a
    past
    decision
    by
    the
    Second
    Circuit
    Court.

  • The
    brief’s
    position
    :
    The
    brief
    argues
    that
    the
    court’s
    decision
    was
    right,
    saying
    the
    law
    does
    allow
    people
    to
    sue
    to
    cancel
    these
    contracts,
    and
    there’s
    no
    reason
    for
    the
    Supreme
    Court
    to
    change
    it.

  • Why
    the
    brief
    argues
    that
    this
    is
    the
    correct
    outcome
    :
    The
    brief
    says
    the
    law
    clearly
    says
    that
    people
    should
    be
    able
    to
    cancel
    contracts
    that
    violate
    the
    ICA.
    It
    also
    points
    out
    that
    past
    legal
    decisions
    support
    this
    understanding.


Risk
Point
v.
Santander
(Court
of
Appeals
of
Texas)

Attorneys
on
the
case:
Ophelia
F.
Camiña,
Shawn
L.
Raymond,
Mary
Katheryn
Sammons,
Larry
Y.
Liu


  • What
    this
    case
    is
    about
    :
    The
    case
    involves
    a
    dispute
    over
    whether
    a
    company,
    Santander,
    had
    the
    right
    to
    request
    an
    audit
    after
    the
    time
    limit
    specified
    in
    a
    contract
    with
    Risk
    Theory.
    The
    contract
    set
    a
    deadline
    for
    audits
    to
    occur
    within
    a
    quarter
    after
    the
    end
    of
    a
    policy,
    and
    Santander
    made
    a
    request
    outside
    that
    period.

  • What
    is
    the
    brief’s
    position
    :
    The
    brief
    argues
    that
    Santander’s
    audit
    request
    was
    not
    made
    on
    time
    and
    that
    the
    contract
    clearly
    limits
    the
    time
    frame
    for
    such
    requests.
    It
    states
    that
    the
    audit
    should
    only
    happen
    within
    a
    specific
    period
    after
    the
    policy
    ends,
    not
    long
    after.

  • Why
    the
    brief
    argues
    this
    is
    the
    correct
    outcome
    :
    The
    brief
    argues
    that
    allowing
    Santander’s
    late
    audit
    request
    would
    violate
    the
    contract’s
    clear
    terms,
    and
    the
    court
    should
    enforce
    the
    deadline.
    If
    the
    court
    rules
    in
    favor
    of
    Santander,
    it
    could
    lead
    to
    unfair
    outcomes
    by
    letting
    audits
    happen
    too
    late,
    which
    the
    contract
    did
    not
    intend.


In
re
Securities
Technology
and
Pay
Tel
Communications
(US
Supreme
Court
/
Petition
Stage)

Attorneys
on
the
case:
Scott
H.
Angstreich,,
Justin
B.
Berg,
Jordan
R.G.
Gonzalez


  • What
    this
    case
    is
    about:

    The
    case
    concerns
    a
    dispute
    over
    the
    proper
    court
    to
    handle
    appeals
    related
    to
    decisions
    made
    by
    the
    Federal
    Communications
    Commission
    (FCC).
    The
    issue
    is
    whether
    petitions
    for
    review
    of
    the
    FCC’s
    rules
    should
    be
    heard
    in
    the
    Fifth
    Circuit
    or
    another
    court,
    particularly
    given
    the
    timeliness
    of
    when
    petitions
    were
    filed.

  • What
    is
    the
    brief’s
    position:

    The
    brief
    argues
    that
    the
    petitions
    challenging
    the
    FCC’s
    rules
    were
    filed
    too
    early,
    before
    the
    rules
    were
    published
    in
    the
    Federal
    Register,
    making
    them
    invalid.
    It
    contends
    that
    the
    petitions
    should
    have
    been
    filed
    in
    the
    Fifth
    Circuit,
    which
    is
    the
    proper
    court
    for
    these
    cases.

  • Why
    the
    brief
    argues
    that
    this
    is
    the
    correct
    outcome:

    The
    brief
    claims
    that
    the
    law
    requires
    petitions
    to
    be
    filed
    within
    specific
    time
    limits
    to
    ensure
    fairness
    and
    clarity.
    By
    not
    following
    these
    rules,
    the
    petitioners
    caused
    confusion
    and
    forum-shopping,
    which
    could
    delay
    the
    legal
    process.
    The
    correct
    outcome
    is
    to
    transfer
    the
    cases
    to
    the
    Fifth
    Circuit
    as
    the
    law
    mandates.


Pomona
Hospital
v.
Kaiser
(CA
Ct.
Appeals)

Attorneys
on
the
case:
Daniel
G.
Bird,,
Eric
J.
Maier,
Kathleen
W.
Hickey


  • What
    the
    case
    is
    about:

    This
    case
    involves
    a
    dispute
    between
    Kaiser
    and
    Pomona
    about
    how
    much
    Kaiser
    should
    pay
    Pomona
    for
    emergency
    services.
    The
    issue
    is
    whether
    an
    expert’s
    valuation
    of
    the
    payments
    was
    correct,
    especially
    since
    the
    expert
    used
    certain
    rates
    that
    he
    previously
    said
    were
    not
    comparable
    to
    the
    services
    in
    question.

  • The
    brief’s
    position:

    The
    brief
    argues
    that
    the
    expert’s
    opinion
    should
    be
    excluded
    because
    he
    used
    inconsistent
    methods,
    like
    comparing
    rates
    that
    were
    not
    similar.
    The
    expert
    also
    invented
    a
    “premium”
    calculation
    with
    no
    logical
    explanation,
    making
    his
    valuation
    unreliable
    and
    not
    based
    on
    sound
    reasoning.

  • Why
    this
    is
    the
    correct
    outcome:

    The
    brief
    contends
    that
    excluding
    the
    expert’s
    opinion
    is
    the
    right
    decision
    because
    it
    lacked
    a
    solid
    foundation
    and
    logical
    consistency.
    Additionally,
    the
    trial
    court
    incorrectly
    applied
    a
    higher
    prejudgment
    interest
    rate,
    which
    should
    have
    been
    7%
    according
    to
    California
    law,
    not
    10%.
    Therefore,
    the
    judgment
    should
    be
    modified
    to
    reflect
    this
    legal
    error.


Durnell
v.
Monsanto
(MO
Ct.
Appeals)

Attorneys
on
the
case:
David
C.
Frederick,
Derek
C.
Reinbold


  • What
    the
    case
    is
    about
    :
    The
    case
    concerns
    whether
    the
    government’s
    actions
    in
    a
    specific
    situation
    were
    legal.
    The
    dispute
    centers
    around
    whether
    the
    government
    violated
    laws
    or
    constitutional
    rights
    while
    making
    a
    decision.
    The
    outcome
    could
    affect
    the
    legal
    boundaries
    of
    government
    power
    and
    individuals’
    rights.

  • What
    the
    brief’s
    position
    is
    :
    The
    brief
    argues
    that
    the
    government’s
    actions
    were
    unlawful
    and
    should
    be
    declared
    illegal.
    It
    contends
    that
    the
    law
    was
    not
    properly
    followed,
    and
    that
    certain
    rights
    were
    violated
    in
    the
    process.
    The
    brief
    advocates
    for
    a
    ruling
    that
    holds
    the
    government
    accountable
    for
    its
    actions.

  • Why
    the
    brief
    argues
    this
    is
    the
    correct
    outcome
    :
    The
    brief
    argues
    that
    the
    government’s
    conduct
    caused
    harm
    and
    undermined
    individuals’
    rights.
    It
    believes
    that
    enforcing
    the
    law
    in
    this
    case
    will
    prevent
    similar
    violations
    in
    the
    future.
    Upholding
    the
    law
    ensures
    that
    the
    government
    operates
    within
    its
    constitutional
    limits
    and
    protects
    fairness
    for
    all.


Appvion
v.
Price
Waterhouse
Coopers
(Ct.
App.
WI)

Attorneys
on
the
case:
Philip
S.
Beck,
Christopher
D.
Landgraff,
Cindy
L.
Sobel,
Joshua
P.
Ackerman,
Joseph
C.
Smith
Jr.


  • What
    the
    case
    is
    about:
     The
    case
    involves
    a
    claim
    by
    an
    Employee
    Stock
    Ownership
    Plan
    (ESOP)
    against
    PricewaterhouseCoopers
    (PwC)
    for
    negligent
    misrepresentation.
    The
    ESOP
    argues
    that
    PwC’s
    audit
    misrepresented
    information
    that
    influenced
    the
    company’s
    share
    price.
    The
    circuit
    court
    dismissed
    this
    claim,
    and
    the
    ESOP
    is
    appealing
    the
    decision.

  • What
    the
    brief’s
    position
    is
    :
    The
    brief
    argues
    that
    the
    court’s
    dismissal
    of
    the
    negligent
    misrepresentation
    claim
    was
    correct.
    It
    states
    that
    the
    ESOP
    failed
    to
    meet
    the
    legal
    requirements
    for
    proving
    fraud
    or
    negligence,
    as
    they
    did
    not
    provide
    specific
    details
    about
    who
    relied
    on
    PwC’s
    audit
    or
    how
    it
    impacted
    them.
    Therefore,
    the
    claim
    should
    not
    have
    proceeded.

  • Why
    the
    brief
    argues
    this
    is
    the
    correct
    outcome:
     The
    brief
    contends
    that
    the
    ESOP
    did
    not
    show
    sufficient
    evidence
    or
    specifics
    about
    how
    PwC’s
    audit
    affected
    anyone
    involved.
    Under
    the
    law,
    they
    are
    required
    to
    clearly
    identify
    the
    misrepresentations
    and
    who
    relied
    on
    them,
    which
    the
    ESOP
    failed
    to
    do.
    For
    these
    reasons,
    the
    brief
    requests
    that
    the
    court
    uphold
    the
    dismissal.


Sunoco
Partners
v.
Trinity
Industries
(Ct.
App.
Texas)

Attorneys
on
the
case:
Christopher
D.
Landgraff,
Tulsi
Gaonkar,
Ignacio
Sofo,
Mac
Lebuhn


  • What
    the
    case
    is
    about
    :
    This
    case
    involves
    a
    dispute
    between
    Sunoco
    and
    Trinity
    over
    a
    lease
    agreement.
    Trinity
    claims
    it
    is
    owed
    damages
    for
    railcars
    that
    were
    supposed
    to
    be
    modified,
    but
    Sunoco
    disagrees
    and
    argues
    that
    the
    charges
    and
    interest
    are
    not
    justified.

  • What
    the
    brief’s
    position
    is
    :
    Sunoco
    argues
    that
    the
    trial
    court
    wrongly
    awarded
    prejudgment
    interest
    and
    that
    the
    damages
    Trinity
    is
    claiming
    are
    not
    appropriate.
    Sunoco
    believes
    that
    the
    interest
    and
    damages
    should
    not
    be
    calculated
    as
    if
    they
    were
    already
    due,
    because
    they
    represent
    future
    costs,
    not
    present
    ones.

  • Why
    the
    brief
    argues
    this
    is
    the
    correct
    outcome
    :
    Sunoco
    claims
    that
    awarding
    prejudgment
    interest
    would
    unfairly
    benefit
    Trinity,
    since
    they’ve
    already
    received
    rent
    payments
    and
    now
    damages
    for
    the
    railcar
    modifications.
    The
    brief
    argues
    that
    such
    a
    windfall
    goes
    against
    Texas
    law,
    which
    prevents
    one
    party
    from
    getting
    more
    than
    they
    are
    owed.


Tricarichi
v.
Price
Waterhouse
Coopers
(Sup.
Ct.
NV)

Attorneys
on
the
case:
Mark
L.
Levine,
Christopher
D.
Landgraff,
Katharine
A.
Roin,


  • What
    the
    case
    is
    about
    :
    This
    case
    involves
    Tricarichi
    rejecting
    two
    settlement
    offers
    from
    PwC
    related
    to
    a
    legal
    claim
    he
    filed.
    The
    district
    court
    decided
    that
    Tricarichi
    acted
    unreasonably
    by
    rejecting
    the
    offers,
    considering
    the
    weaknesses
    in
    his
    claim
    and
    the
    limitations
    on
    potential
    damages.

  • The
    brief’s
    position
    :
    The
    brief
    argues
    that
    the
    district
    court
    was
    correct
    in
    finding
    Tricarichi’s
    rejection
    of
    the
    2021
    settlement
    offer
    unreasonable.
    It
    explains
    that
    Tricarichi
    knew
    his
    claim
    had
    serious
    legal
    problems,
    including
    a
    statute
    of
    limitations
    issue,
    and
    that
    the
    settlement
    was
    fair
    given
    the
    situation.

  • Why
    this
    is
    the
    correct
    outcome
    :
    The
    brief
    asserts
    that
    the
    district
    court
    acted
    properly
    by
    awarding
    PwC
    attorney’s
    fees
    because
    Tricarichi’s
    decision
    to
    reject
    the
    offers
    forced
    unnecessary
    legal
    costs.
    It
    argues
    that
    the
    court’s
    decision
    should
    stand
    because
    it
    was
    based
    on
    a
    thorough
    examination
    of
    the
    facts
    and
    legal
    standards.


Associated
General
Contractors
of
CA
v.
CA
Dept.
of
Industrial
Relations
(CA
Ct.
App)

Attorneys
on
the
case:
Steven
A.
Hirsch,
Reaghan
E.
Braun


  • What
    the
    Case
    is
    About
    :
    This
    case
    examines
    the
    validity
    of
    regulatory
    amendments
    made
    by
    the
    CAC,
    specifically
    regarding
    their
    economic
    impact
    on
    the
    construction
    industry.
    Petitioners
    claim
    that
    the
    CAC
    failed
    to
    thoroughly
    assess
    the
    impact
    and
    that
    their
    analysis
    was
    flawed.

  • The
    Brief’s
    Position
    :
    The
    brief
    maintains
    that
    the
    CAC
    followed
    proper
    procedures,
    including
    considering
    public
    input
    and
    revising
    their
    analysis
    as
    necessary.
    It
    asserts
    that
    the
    agency’s
    actions
    were
    legally
    sound
    and
    consistent
    with
    administrative
    requirements.

  • Why
    the
    Brief
    Argues
    This
    is
    the
    Correct
    Outcome
    :
    The
    brief
    argues
    that
    the
    CAC’s
    approach
    was
    reasonable,
    and
    any
    adjustments
    made
    during
    the
    process
    were
    minor
    and
    did
    not
    require
    reopening
    the
    public
    comment
    period.
    It
    concludes
    that
    the
    rule
    changes
    align
    with
    legal
    standards
    and
    should
    be
    upheld.


Kaufman
v.
Adani
(CA
Ct.
App.)

Attorneys
on
the
case:
Jan
Nielsen
Little,
Julia
L.
Allen,
Amos
J.
B.
Espeland


  • What
    the
    Case
    is
    About: 
    The
    case
    involves
    a
    dispute
    between
    Plaintiffs
    and
    the
    QOZ
    Entities,
    which
    manage
    investments
    through
    specific
    agreements.
    The
    Plaintiffs
    argue
    that
    certain
    claims
    should
    be
    handled
    through
    arbitration
    based
    on
    prior
    agreements
    between
    the
    parties.
    They
    challenge
    the
    QOZ
    Entities’
    role
    in
    receiving
    investments
    and
    whether
    these
    agreements
    apply
    to
    the
    dispute.
    The
    central
    issue
    is
    whether
    the
    case
    should
    be
    resolved
    in
    court
    or
    through
    arbitration.

  • The
    Brief’s
    Position: 
    The
    brief
    argues
    that
    all
    of
    the
    Plaintiffs’
    claims
    against
    the
    QOZ
    Entities
    should
    be
    resolved
    through
    arbitration.
    It
    emphasizes
    that
    the
    claims
    are
    tied
    to
    previous
    agreements,
    which
    include
    mandatory
    arbitration
    clauses.
    The
    brief
    insists
    that
    these
    agreements
    cover
    the
    issues
    raised
    by
    the
    Plaintiffs,
    so
    the
    dispute
    should
    go
    through
    arbitration
    instead
    of
    court.
    It
    also
    contends
    that
    any
    confusion
    about
    arbitration
    applicability
    should
    not
    prevent
    it.

  • Why
    the
    Brief
    Argues
    This
    is
    the
    Correct
    Outcome: 
    The
    brief
    argues
    that
    arbitration
    is
    the
    proper
    venue
    because
    the
    claims
    are
    directly
    linked
    to
    agreements
    that
    include
    arbitration
    clauses.
    It
    explains
    that
    splitting
    the
    case
    between
    court
    and
    arbitration
    would
    lead
    to
    confusion,
    inconsistent
    rulings,
    and
    wasted
    resources.
    The
    brief
    further
    asserts
    that
    arbitration
    will
    provide
    an
    efficient
    resolution
    of
    the
    claims.
    Lastly,
    it
    suggests
    that
    the
    trial
    court’s
    decision
    risks
    delaying
    justice
    and
    complicating
    the
    legal
    process.


Matterport
v.
Gay

Attorneys
on
the
case:
Jennifer
Selendy,
Joshua
S.
Margolin,
David
A.
Coon,
Corey
Stoughton


  • What
    the
    Case
    is
    About: 
    This
    case
    involves
    a
    dispute
    over
    interpreting
    specific
    “Lockup
    Provisions”
    in
    an
    agreement
    following
    the
    merger
    of
    two
    companies.
    Brown
    claims
    that
    Matterport
    wrongly
    restricted
    his
    ability
    to
    sell
    shares
    and
    seeks
    damages
    based
    on
    what
    he
    alleges
    is
    the
    highest
    intermediate
    value
    of
    the
    shares
    during
    the
    restricted
    period.
    Matterport
    argues
    its
    enforcement
    of
    these
    restrictions
    was
    proper
    and challenges
    the
    damages
    calculation.
    The
    case
    also
    addresses
    how
    post-judgment
    interest
    rates
    should
    be
    applied
    in
    cases
    with
    complex
    judgment
    phases.

  • The
    Brief’s
    Position: 
    Matterport
    argues
    that
    it
    properly
    applied
    the
    Lockup
    Provisions
    in
    good
    faith
    and
    that
    Brown’s
    damages
    calculations
    are
    legally
    flawed.
    It
    contends
    the
    trial
    court
    initially
    ruled
    on
    key
    issues
    in
    its
    favor
    during
    Phase
    1
    and
    that
    this
    should
    control
    subsequent
    damages
    analysis.
    The
    company
    opposes
    using
    the
    highest
    intermediate
    value
    methodology
    for
    damages,
    claiming
    it
    is
    not
    applicable
    here.
    It
    also
    supports
    the
    trial
    court’s
    decision
    on
    post-judgment
    interest
    rates,
    which
    it
    sees
    as
    equitable.

  • Why
    This
    is
    the
    Correct
    Outcome: 
    Matterport
    believes
    its
    actions
    were
    lawful
    and
    consistent
    with
    the
    court’s
    earlier
    rulings,
    meaning
    the
    damages
    analysis
    should
    align
    with
    those
    rulings.
    It
    argues
    that
    applying
    Brown’s
    damages
    method
    would
    lead
    to
    unfair
    outcomes
    and
    financial
    windfalls
    not
    supported
    by
    the
    law.
    On
    post-judgment
    interest,
    it
    states
    that
    using
    an
    older,
    lower
    rate
    would
    allow
    for
    manipulation
    and
    fail
    to
    reflect
    rising
    interest
    rates.
    The
    brief
    emphasizes
    that
    Matterport
    acted
    in
    good
    faith,
    which
    should
    weigh
    heavily
    in
    its
    favor.


Building
and
Realty
Institute
of
Westchester
v.
New
York
(US
Supreme
/
Petition
Stage)

Attorneys
on
the
case:
Corey
Stoughton,
Counsel
of
Record,
Faith
E.
Gay,
Sean
P.
Baldwin,
Babak
Ghafarzade


  • What
    this
    case
    is
    about
    :
    The
    petitioners
    are
    challenging
    a
    law
    known
    as
    the
    Housing
    Stability
    and
    Tenant
    Protection
    Act
    (HSTPA),
    which
    affects
    rent-controlled
    housing
    in
    New
    York.
    They
    argue
    that
    the
    law
    harms
    their
    ability
    to
    make
    a
    profit
    from
    their
    properties,
    claiming
    it
    violates
    their
    rights
    under
    the
    U.S.
    Constitution.
    The
    law
    limits
    rent
    increases
    and
    makes
    it
    harder
    to
    remove
    tenants.
    The
    petitioners
    are
    asking
    the
    Court
    to
    overturn
    the
    law.

  • What
    is
    the
    brief’s
    position
    :
    The
    brief
    defends
    the
    HSTPA,
    arguing
    that
    it
    serves
    a
    legitimate
    purpose
    of
    providing
    affordable
    housing
    and
    maintaining
    neighborhood
    stability.
    It
    explains
    that
    the
    petitioners
    failed
    to
    provide
    clear
    evidence
    that
    the
    law
    harmed
    them
    in
    a
    way
    that
    violates
    constitutional
    protections.
    The
    brief
    also
    says
    that
    the
    petitioners’
    claims
    are
    based
    on
    speculation,
    not
    concrete
    facts.
    It
    stresses
    that
    the
    law
    has
    valid,
    public
    interests
    that
    are
    not
    unconstitutional.

  • Why
    the
    brief
    argues
    that
    this
    is
    the
    correct
    outcome
    :
    The
    brief
    argues
    that
    the
    petitioners
    did
    not
    show
    they
    were
    directly
    affected
    by
    the
    law,
    so
    their
    case
    should
    be
    dismissed.
    It
    highlights
    that
    the
    petitioners
    did
    not
    use
    all
    available
    options
    to
    challenge
    the
    law,
    making
    their
    claims
    premature.
    It
    also
    points
    out
    that
    the
    HSTPA
    was
    enacted
    for
    the
    public
    good,
    and
    courts
    should
    not
    second-guess
    legislative
    decisions.
    Therefore,
    the
    brief
    says
    the
    Court
    should
    deny
    the
    petition
    and
    leave
    the
    law
    in
    place.


Ocean
Trails
CLO
v.
MLN
Topco
Ltd.
(Supreme
Court,
Appellate
Division,
First
Department,
New
York)

Attorneys
on
the
case:
Jennifer
Selendy,
Andrew
Dunlap,
David
A.
Coon,
Stephen
Federowicz


  • What
    this
    case
    is
    about: 
    The
    case
    revolves
    around
    a
    dispute
    between
    Defendants
    and
    Mitel
    over
    the
    assignment
    and
    refinancing
    of
    loans.
    The
    Defendants
    are
    accused
    of
    breaching
    contractual
    terms
    by
    exchanging
    loans
    for
    new
    debt,
    which
    the
    Plaintiffs
    argue
    is
    not
    allowed
    under
    the
    agreement.
    This
    is
    important
    because
    it
    involves
    how
    loan
    transactions
    should
    be
    conducted
    according
    to
    the
    contract.
    The
    case
    examines
    whether
    Mitel’s
    actions
    violated
    specific
    provisions
    in
    the
    loan
    agreement.

  • What
    is
    the
    brief’s
    position: 
    The
    brief
    argues
    that
    the
    Defendants
    broke
    the
    contract
    by
    treating
    the
    loan
    exchange
    as
    a
    “purchase,”
    which
    is
    not
    allowed
    under
    the
    agreement.
    It
    asserts
    that
    the
    transaction
    was
    an
    “exchange”
    of
    debt,
    not
    a
    cash
    purchase,
    and
    thus
    violates
    the
    terms
    of
    the
    loan
    agreement.
    The
    brief
    challenges
    the
    idea
    that
    such
    exchanges
    are
    permitted
    as
    purchases
    under
    the
    contract.
    It
    further
    argues
    that
    the
    Defendants
    also
    breached
    rules
    around
    refinancing
    and
    the
    ranking
    of
    new
    debt.

  • Why
    the
    brief
    argues
    this
    is
    the
    correct
    outcome:

    The
    brief
    believes
    the
    court
    should
    recognize
    that
    the
    term
    “purchase”
    means
    a
    transaction
    involving
    cash
    or
    its
    equivalent,
    not
    an
    exchange
    of
    loans.
    It
    argues
    that
    the
    Defendants’
    actions
    go
    against
    the
    plain
    meaning
    of
    the
    contract
    and
    create
    an
    unfair
    advantage
    for
    Mitel.
    The
    brief
    also
    insists
    that
    the
    actions
    hurt
    the
    Plaintiffs’
    interests
    by
    violating
    agreed-upon
    terms
    about
    the
    ranking
    of
    debt.
    Therefore,
    the
    brief
    asks
    the
    court
    to
    correct
    these
    breaches
    and
    reinstate
    certain
    claims.


Brown
v.
Johnson
(Ct.
App.
LA)

Attorneys
on
the
case:
Thomas
B.
Wahlder,
Stephen
J.
Hecker,
Laurie
Ann
Simms


  • What
    the
    Case
    is
    About
    :
    This
    case
    involves
    a
    car
    accident
    where
    Martha
    Brown,
    driving
    a
    bus,
    collided
    with
    Arkita
    Johnson,
    who
    was
    driving
    a
    car.
    The
    issue
    is
    whether
    Martha
    Brown
    or
    Arkita
    Johnson
    is
    at
    fault
    for
    the
    accident.
    Witnesses
    testified
    that
    Martha
    Brown
    had
    a
    green
    light
    when
    entering
    the
    intersection.
    Arkita
    Johnson
    was
    allegedly
    distracted
    by
    her
    cellphone
    and
    failed
    to
    stop
    for
    a
    red
    light.

  • What
    the
    Brief’s
    Position
    Is
    :
    The
    brief
    argues
    that
    Arkita
    Johnson
    was
    solely
    responsible
    for
    the
    accident.
    It
    claims
    that
    Martha
    Brown
    did
    not
    cause
    the
    crash
    and
    was
    not
    negligent.
    The
    brief
    highlights
    that
    Martha
    Brown
    was
    following
    traffic
    rules,
    and
    the
    collision
    happened
    too
    quickly
    for
    her
    to
    react.
    The
    evidence
    shows
    that
    Arkita
    Johnson’s
    actions,
    like
    using
    her
    phone,
    were
    the
    main
    cause
    of
    the
    crash.

  • Why
    the
    Brief
    Argues
    This
    is
    the
    Correct
    Outcome
    :
    The
    brief
    argues
    that
    the
    jury
    correctly
    found
    Arkita
    Johnson
    at
    fault
    based
    on
    the
    evidence
    and
    witness
    testimony.
    It
    states
    that
    the
    trial
    was
    fair
    and
    the
    jury
    had
    reasonable
    grounds
    to
    believe
    Martha
    Brown
    was
    not
    at
    fault.
    Any
    mistakes
    in
    jury
    instructions
    or
    expert
    testimony
    should
    not
    change
    the
    outcome.
    The
    brief
    insists
    that
    there
    is
    no
    reason
    to
    overturn
    the
    jury’s
    decision,
    as
    it
    was
    based
    on
    solid
    facts.


Carroll
v.
Trump
(Second
Circuit
Court
of
Appeals)

Attorneys
on
the
case:
Joshua
Matz,
Kate
Harris,
;
Roberta
A.
Kaplan,
Matthew
Craig


  • What
    this
    case
    is
    about:

    This
    case
    involves
    a
    defamation
    lawsuit
    where
    E.
    Jean
    Carroll
    accused
    Donald
    Trump
    of
    sexual
    assault
    and
    defamation.
    Carroll
    claims
    Trump
    lied
    about
    the
    assault
    and
    ruined
    her
    reputation.
    The
    trial
    included
    testimony
    from
    Carroll
    and
    other
    witnesses
    who
    supported
    her
    claims.
    Trump
    disagrees
    with
    the
    court’s
    decisions
    and
    argues
    that
    key
    evidence
    should
    not
    have
    been
    allowed.

  • What
    is
    the
    brief’s
    position:

    The
    brief
    argues
    that
    Trump’s
    objections
    to
    the
    trial
    and
    evidence
    are
    not
    valid.
    It
    explains
    that
    the
    court
    correctly
    allowed
    testimony
    from
    other
    women
    who
    claimed
    similar
    behavior
    by
    Trump.
    It
    also
    defends
    the
    jury
    instructions,
    which
    limited
    how
    the
    jury
    could
    use
    the
    “other
    acts”
    evidence.
    Trump’s
    claim
    that
    this
    evidence
    unfairly
    influenced
    the
    trial
    is
    dismissed
    as
    exaggerated.

  • Why
    the
    brief
    argues
    this
    is
    the
    correct
    outcome:

    The
    brief
    argues
    the
    trial
    was
    fair
    and
    that
    the
    evidence
    strongly
    supported
    Carroll’s
    case.
    It
    highlights
    that
    Carroll’s
    testimony,
    along
    with
    other
    reliable
    witnesses,
    was
    the
    core
    of
    the
    case.
    The
    inclusion
    of
    “other
    acts”
    evidence
    was
    secondary
    and
    did
    not
    change
    the
    outcome.
    Ultimately,
    the
    brief
    says
    the
    court’s
    decisions
    were
    right
    and
    should
    be
    upheld
    because
    Carroll’s
    case
    was
    compelling
    and
    credible.


NRA
v.
Vullo
(US
Supreme
/
Merits
Case)

Attorneys
on
the
case: Trevor
W.
Morrison


  • What
    this
    case
    is
    about
    :
    The
    case
    centers
    around
    the
    National
    Rifle
    Association
    (NRA)
    challenging
    the
    actions
    of
    Maria
    Vullo,
    a
    former
    official
    at
    the
    New
    York
    Department
    of
    Financial
    Services
    (DFS).
    The
    NRA
    argues
    that
    Vullo’s
    statements
    and
    actions
    pressured
    private
    companies
    and
    violated
    its
    free
    speech
    rights.
    The
    case
    explores
    whether
    Vullo’s
    statements
    were
    coercive
    or
    just
    regular
    government
    speech.
    It
    addresses
    whether
    government
    officials
    can
    be
    sued
    for
    expressing
    opinions
    that
    may
    indirectly
    affect
    certain
    businesses.

  • What
    is
    the
    brief’s
    position
    :
    The
    brief
    defends
    Maria
    Vullo’s
    actions,
    asserting
    that
    she
    was
    exercising
    her
    legitimate
    authority
    as
    a
    government
    official,
    not
    coercing
    anyone.
    It
    argues
    that
    referencing
    “reputational
    risk”
    in
    the
    letters
    sent
    to
    businesses
    is
    a
    legitimate
    regulatory
    concern,
    not
    a
    threat.
    The
    brief
    claims
    that
    the
    NRA’s
    interpretation
    of
    the
    situation
    is
    overly
    broad
    and
    ignores
    the
    context
    of
    Vullo’s
    actions.
    It
    maintains
    that
    Vullo
    was
    within
    her
    rights
    to
    highlight
    risks
    and
    hold
    the
    NRA
    accountable
    for
    violations.

  • Why
    the
    brief
    argues
    this
    is
    the
    correct
    outcome
    :
    The
    brief
    argues
    that
    adopting
    the
    NRA’s
    interpretation
    would
    harm
    government
    officials’
    ability
    to
    speak
    freely
    and
    do
    their
    jobs
    effectively.
    It
    warns
    that
    allowing
    this
    kind
    of
    lawsuit
    could
    deter
    officials
    from
    engaging
    in
    important
    regulatory
    actions
    for
    fear
    of
    being
    accused
    of
    retaliation.
    The
    brief
    emphasizes
    that
    government
    officials
    need
    to
    be
    able
    to
    discuss
    risks
    and
    legal
    compliance
    without
    facing
    constant
    lawsuits.
    It
    concludes
    that
    protecting
    this
    ability
    is
    essential
    for
    the
    proper
    functioning
    of
    government
    and
    law
    enforcement.
  • Susman
    Godfrey’s
    size
    and
    geographic
    diversity
    help
    explain
    the
    larger
    share
    of
    litigation.
  • Several
    of
    these
    firms
    focus
    on
    matters
    related
    to
    antitrust
    law.
  • The
    majority
    of
    these
    firms
    have
    only
    one
    office.
  • All
    of
    the
    firms
    are
    based
    in
    major
    cities.
  • Starting
    salaries
    are
    comparable
    to
    those
    at
    Biglaw
    firms.

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Adam
Feldman
runs
the
litigation
consulting
company
Optimized
Legal
Solutions
LLC.
Check
out
more
of
his
writing
at

Legalytics

and

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.
For
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information,
write
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at [email protected]
Find
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Twitter: @AdamSFeldman.