Here is a Good Lesson for Everyone

I'm sitting in the Sky Club in the Philadelphia airport, listening to a large public discussion by a group of lawyers planning to sue "hundreds" of companies for tens of millions of dollars each, it seems.


I can tell you who they are going to sue; their infringement theory and its weakness; some of the names of the principals; their pre-suit investigation (who they are going to contact); the identities of the major targets (I will do them a service by not naming them); and a lot of other what we call "highly confidential attorney work product and mental impressions."  I now know how they are going to try to avoid DJ jurisdiction...

Please tell me none of you are this stupid.


NEVER talk about this kind of thing in public.  "Public" includes elevators, bars, and especially large public areas like this….

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

3 thoughts on “Here is a Good Lesson for Everyone

  1. 3

    These guys are lucky it was me, and not someone who would use the information.

    I take it that you or none of your friends was named. 😉

    Seriously, though, I’m aware of similar things being overheard in movie theatres prior to the feature — by the opposing counsel! Super fun times.

  2. 2

    Oh, facebook is private! That is okay. 🙂

    Seriously, I learned enough information yesterday to give some seriously damaging information — and to help establish waiver of privilege and work product. These guys are lucky it was me, and not someone who would use the information.

  3. 1

    So, are you trying to say that we shouldn’t post that kind of information on Facebook? (kidding, just kidding).

Comments are closed.