Tuesday, February 6, 2007

More on Professorial Star Power

As Alan would say, aproposner of his post on basking in the charisma of the celebrity law professor who is added to the brief, there is also the question whether it translates into any advantage in the litigation.  Going on twenty years ago, we litigated an issue of contract interpretation under the UCCMunchkin in the 10th Circuit.  Note the following reference to counsel for the parties:

A. Daniel Feldman (John W. Treece and D. Maria Majeske with him on the briefs) of Isham, Lincoln & Beale, Chicago, Ill. (James J. White, Ann Arbor, Mich., of counsel, also with him on the briefs), for defendant-appellant Commonwealth Edison Co.

Donald S. Young (Kathleen McCree Lewis, Jeffrey M. Lipshaw, and Daniel J. Stephenson with him on the brief) of Dykema, Gossett, Spencer, Goodnow & Trigg, Detroit, Mich. (George F. Heiden, of counsel, Omaha, Neb., and Bruce A. Salzburg of Freudenthal & Bonds, also with him on the brief), for plaintiffs-appellees Black Butte Coal Co. and Big Horn Coal Co.

Commonwealth Edison lost.  See Big Horn Coal Co. v. Commonwealth Edison Co., 852 F.2d 1259 (10th Cir. 1988).

As an additional note, pertinent to nothing, there is some interesting legal profession history embedded here.   This was one of the last big cases litigated by the Isham firm before it imploded (it had just merged with the Reuben & Proctor firm in Chicago).  Dave Freudenthal is now the governor of Wyoming.  John Treece, post-Isham, went to Sidley & Austin, where he represented Monsanto/Pharmacia/Pfizer in the case, well known to securities lawyers, of Great Lakes Chemical Corp. v. Monsanto, on the issue whether an LLC interest could be classified as a security, soundly kicking the butt of one J.M. Lipshaw, senior vice president & general counsel of Great Lakes Chemical Corporation.

And as long as we are procrastinating, how is a relative of the painter in Alan's post like the picture above?  It is a Munch-kin.  Ow.

[Jeff Lipshaw]


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