Re: It was the wrong thread
 

Memorable deal toys I've received: case of bordeaux, bottle of scotch, some ancient Greek coins handed out at dinner in Greece, an historical document (w/ an original presidential signature), a check (w/ an original client signature)

Deal toys I couldn't care less about: anything plastic or glass, even a mannequin arm

If you're doing deal memorabilia, skip the plastic

Re: It was the wrong thread
 

I always cared much more about the closing dinner. But then, maybe there's a lesson to be learned there.

Re: It was the wrong thread
 

Yes, to both deal toys and closing binders.

And bourbon.

Re: It was the wrong thread
 

I guess the few deals I am aware of these days are too small. Or the bankers are too cheap.

Speaking of bourbon, I switched back to using Makers instead of Bulleit rye in my Manhattans. The rye is better for an old fashioned. Or maybe (if I ever get absinthe) a sazerac.

Also speaking of bourbon, a client introduced me to this when we were drinking Makers Manhattans one evening after a semi-successful mediation. (Her husband was drinking a vodka Martini, and she kept calling his drink a "Cosmo." He laughed. Most of my clients are not that much fun.)

http://www.youtube.com/watch?v=jLrKdPOyva4

Re: It was the wrong thread
 

Cal Bar ED gets fired; sues claiming whistleblower status.

In related news, Mark Geragos is the male Gloria Allred.

Kinda, sorta, Legal type post.
 

I'm getting tired of sitting around at home trying to pretend that academic writing is as fun as real work. I'm also sick of being so freaking broke all the time.

I am looking for any consulting, review, or co-counsel type arrangement. I need to stay in Chicago right now, and I am not quite up to a full BIGLAW day at the office, but I am comfortable with telecommuting. If anybody runs across something, please try to think of me.

Thanks.

A Legal Question,If You Will
 

Event A happens on January 15, Year Z. S/L is two years from date of event. If the case is filed on January 15, Year Z+2, is it within the S/L or must it be filed January 14?

Re: A Legal Question,If You Will
 

I believe the 15th would be fine, but I would always file the 14th out of paranoia.

Re: A Legal Question,If You Will
 

Start counting the day after the event.

http://avidanstern.blogspot.com/2011...atutes-of.html

BUT BUT BUT, never ever ever ever ever ever ever ever ever wait. I generally file cases within a month of getting them because shit goes wrong exponentially more the longer you wait.

Re: A Legal Question,If You Will
 

From discovery of event or from discovery of damage caused by event?

Re: A Legal Question,If You Will
 

I think it's date of the event; the action is in the Claims Court of Illinois and they are pretty strict in waiving sovereign immunity. In this case, it was a slip and fall, so date of event and date of discovery were the same.

I'm filing this for my daughter, who is going pro se with some help from me. She can't find a litigator to take it because the damages are light and the fee is limited by statute to 20%.

The Clerk told me that as long as it is date-stamped by the date of the event, it's within the limitations period.

Re: A Legal Question,If You Will
 

I see. Let me know if you need any help.

Re: It was the wrong thread
 

Question: Is it fair play for a prospective employer to tell a candidate who is evaluating other offers “don’t accept any offers until you talk to me”, and then not extend any offer at all?

Imagine that the candidate in question was a finalist for two positions, neither of which is perfect, and with uncertain terms for compensation among other things. Employer #1 tells Candidate to hold off on accepting any offers from Employer #2 until he gets a chance to counter. Candidate gets pressure from Employer #2 to accept the offer, but agrees to wait because Employer #1 is still selecting. On the drop-dead Friday that Candidate gives for an offer, she waits until 3:00 pm without a call, so she sends an e-mail saying she will go with Employer #2. Employer #1 responds with an e-mail saying that he regrets he is unable to make an offer. This leads me to conclude Employer #1 was just trying to keep a fish on the line as long as possible, but doing so by implying that an offer of some kind was forthcoming. Which is surprising, since an answer that “Sorry you felt you had to take the other offer but we're still evaluating; we’re sorry we couldn’t meet the timeline but we understand” would have also been an acceptable answer (and seems safer from an EPL standpoint, FWIW). Only giving a “no” answer at that stage makes it seem like the answer was already no, making the “don’t accept elsewhere before talking to me” seem weird, unless it’s now something employers say just to string people along.

(I’m not asking because I’m on the market; this relates to a someone I’m advising. I’m mostly curious whether people on the demand side of the labor equation think this is fair play.)

Re: It was the wrong thread
 

It's an asshole move. But you're making a big assumption in saying Employer 1had known from the outset they weren't going to make an offer.

Re: It was the wrong thread
 

What kind of position is this? Generic associate position as part of a mass hiring, or something later in the career, where there is likely one job and many candidates?

On my side of the table, the thing I always feel worst about is where we have an offer out but have to keep our number 2 and 3 choices alive in case the person declines. That is, frankly, a situation that sucks, where employers are assholes by nature and there is not much to be done about it, and it could well be what is going on here. We don't want to say, "we like you but you're not our number 1" when we may, a week later, be saying, "we love you the mostest now". I find it especially tough when I liked the number 2 or 3 choice better, but had to give way to a broader view on the first choice.

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Not worth being bothered or thinking about much. #1 might simply be pissed he couldn't get details together in time, in that sense "he was unable to make an offer."

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Non-legal. Teaching profession. Hard to know the size of the applicant pool but probably less than 10, for what they said they were looking for, which may have changed as the process went forward.

Re: It was the wrong thread
 

Helpful, thanks.

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There's a lot of bureaucracy and politics in hiring teachers. I can believe they couldn't get their shit together for a deadline set by the candidate. Normal disfunction, not assholic behavior.

Re: It was the wrong thread
 

Agreed, thanks. Had a bit of a vine of interrupting the person who is breaking up with you to say you’re breaking up with them first. It was the “don’t accept any other offers” part that added a weird, sleazy real estate broker twist to the whole thing.

Re: It was the wrong thread
 

Your lead question differs from the backstory.

It's one thing for Employer #1 to say "don't accept until you talk to me." That doesn't imply that the speaker is going to make an offer, just that he wants a last chance. If you're getting pressure from Employer #2, then you talk to Employer #1 and say "I have to make a decision by xxx deadline." There, you've talked to #1 and given him a chance.

But the backstory you tell is that Employer #1 said "don't accept until I have a chance to counter." That does imply that they are going to make a counter, and if they aren't planning to it's a dick move because they are telling the guy to wait.

Re: It was the wrong thread
 

I’m getting what everyone said second-hand from a person who feels slightly injured, so it’s been described to me both ways. I assume since Employer #1 and Candidate are both non-lawyers that one person’s tactical ambiguity was another person’s tacit indication. What the only e-mail on the topic says is “Please let me know before you accept any offers,” which puts this more strongly in the fair play category, if the Candidate simply misinterpreted whatever else was said.

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Dick move. Correct response to a "don't accept an offer" BS is "I am sorry, but when I make a decision it will be final. If you have a concern you need to give me your best offer now."

Re: It was the wrong thread
 

am I on ignore?

Re: It was the wrong thread
 

Not technically. Have you grown tits?

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Now this is how you play poker.

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I like the cut of your jib.

Re: It was the wrong thread
 

Okay, we sue D, and serve the registered agent on May 1 2014, then the process server serves the company on May 3 2014 (the dates are fiction, please don't tell me some date is a weekend). The May 3 proof got filed with Court.

There is a patent office action a D can bring to challenge a patent in suit, however, it must be brought within 1 year of service. Of course D filed a request for it May 3 2015.

I find nothing about the effect of redundant service (i.e. nothing saying the second service negates the earlier).

The 1 year deadline is statutory and agencies typically have no authority to ignore it. The first service was proper, right, I mean unless there is some "second service negates first." The cases seem to say unless D can prove it wasn't served the proof screw up is not prejudicial-

Thoughts?

Re: It was the wrong thread
 

One other possible argument for D is that by filing the May 3 proof, you are somehow estopped from claiming the earlier service date, but in the absence of any definitive case law to that effect, what is the downside of making the argument that D's request is untimely?

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I agree with Flower - it would seem that the best the other side could do is to throw some smoke about the date of service because of the filing goof. I can't think of anything directly relevant to my slip and fall practice, but it seems to me it would be kind of like those statutes setting forth specific (and non-waivable) timing/notice hoops that one is required to jump through when suing a governmental entity.

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Why on earth would you give any though to such a painfully boring question if you can't bill the time?

Re: It was the wrong thread
 

Because I am the king of the nicey-nice?

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Thanks, I might have read some of the exchange but for this.

Actual deposition question
 

I don't know the fucking calendar person at my job is on strike so I had to schedule a deposition myself.

I called the W to book a conference room and was asked "Do you want infused water?"

I responded "How much to serve these fuckers toilet water?"

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Fucking touchpads

Re: Actual deposition question
 

sounds like it was a mistake to fire that para last Xmas?

Re: Actual deposition question
 

Nice callback.

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Ultimate wonk?

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It's been almost two years since a post on this board -- time for another! This is nuts.

Re: It was the wrong thread
 

pity post!