Biglaw Companions Benchslapped Over ‘Bitter’ Submit-Trial Claims Of Anti-Semitism

Benchslapped-01A bunch of companions are headed again to highschool — or not less than again to CLEs. Companions Paul J. Andre, Lisa Kobialka, and James Hannah of Kramer Levin and John Palmer of Naman Howell had been sanctioned to take 30 hours of continuous authorized training programs in ethics by U.S. District Decide Alan D. Albright of the Western District of Texas for claims made in post-trial briefings.

So, what truly occurred? Kramer Levin and Naman Howell signify Israeli firm Freshub in a patent infringement case in opposition to Amazon. They had been unsuccessful of their claims at trial. In post-trial briefingsw, they made claims that Amazon’s attorneys from Fenwick & West had been anti-Semitic. As reported by the ABA Journal:

Of their movement for a brand new trial, the 4 legal professionals argued that Amazon legal professionals “performed on the stereotype of grasping Jewish executives of an Israeli firm allegedly making the most of U.S. firms, to set off non secular biases and deepen the ‘us vs. them’ nationalistic divide within the minds of the jurors.”

The movement additionally argued that “defendants blew this Jewish stereotype ‘canine whistle’ at each alternative to unfairly bias the jury.”

Fenwick hit again on the notion they perpetuated any anti-Semitic stereotypes:

Fenwick companion Saina Shamilov, who fled along with her household from the Soviet Union to flee non secular persecution, mentioned on the October hearings that the allegations “hit proper at my coronary heart.” At no time through the trial did anybody on her staff “elevate any Jewish stereotypes, point out Judaism, any non secular affiliations of anybody, or current something that the Waco group would interpret as a canine whistle,” she mentioned.

Albright agreed with Fenwick’s place, and even took offense to the suggestion that he ignored any anti-Semitism happening at trial. He famous that Freshub’s legal professionals didn’t object to references to Israel throughout trial, and that Amazon’s attorneys solely referenced Israel when related or to rebut particular allegations. He additionally mentioned {that a} reference to Israeli shekels was applicable as a result of Freshub’s monetary data are reported in shekels.

However the decide has a concept about why they allegations of anti-Semitism got here up now, and it has all the things to do with being bitter about shedding:

“The courtroom didn’t flip a blind eye to any racist or anti-Semitic conduct as a result of certainly there was none,” Albright wrote.

“The courtroom finds that Freshub’s inflammatory allegations are nothing however baseless assaults on the integrity of this courtroom and the status of defendants’ counsel,” Albright mentioned.

“A bitter shedding social gathering’s issue in explaining its loss is rarely a correct foundation for counsel to invoke baseless allegations of racism and anti-Semitism to request a brand new trial. Such vitriolic and unsubstantiated allegations usually are not solely stunning but in addition offensive to this courtroom.”

The Kramer Levin attorneys usually are not unfamiliar with benchslaps. U.S. District Decide William Alsup known as out the similar attorneys final July.


Kathryn Rubino is a Senior Editor at Above the Regulation, host of The Jabot podcast, and co-host of Pondering Like A Lawyer. AtL tipsters are one of the best, so please join along with her. Be at liberty to electronic mail her with any suggestions, questions, or feedback and observe her on Twitter (@Kathryn1).


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