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Samsung lawyer may not be admitted to federal bar

updated 07:16 pm EDT, Thu August 9, 2012

Lawyer co-filed counter-motion to evidence spoilation ruling

Potential missteps by Samsung's legal team in the contentious Apple versus Samsung mobile device patent trial continue to make headlines aside from the issues of the trial itself. Samsung lawyer and Fox News commentator Susan Estrich may be in violation of Judge Lucy Koh's order that all the trial lawyers in the case must have made appearances in the case, and be able to practice law in the United States District for the Northern District of California. According to records, Mrs. Estrich may not be admitted to the federal district's bar.

Magistrate Judge Paul S. Grewal gave Samsung until 5PM PST on Thursday to file proof that Estrich is allowed to practice law in the Northern District. Estrich is a law professor at the University of Southern California Law School and licensed to practice, but may not have qualified in the Northern District of California. She also has not made an appearance at the trial, in violation of the court's order. Grewal notes that admission to the federal bar for the district in which the trial is being held may not be "particularly onerous for one licensed to practice law in the State of California" but also confirms that the requirement is "no mere formality."

Samsung is under an "evidence spoilation" jury notification order from inadequate e-mail retention after Samsung was aware that litigation was imminent. Samsung's custom e-mail solution automatically deletes emails from the server after two weeks, leaving a potential evidentiary hole in the record from the deletions. Estrich co-filed a "me too" adverse inference email counter-motion against Apple, on the grounds that there was no formal order to retain emails, despite Apple not having an auto-delete system for company communications. Barring Grewal's theory of a possibility that the court records are in error, Estrich not being allowed to practice could hand Apple a victory purely on procedural grounds.

The trial's publicity has spread to the mainstream, even becoming the object of a video segment on Conan O'Brien's late-night talk show. The parody, aired on Tuesday, showed Samsung denying the charge of emulating Apple while showing side-by-side pictures of nearly identical Samsung and Apple products, a line of Samsung home appliances that incorporated Macs and iPods, such as a "Mac-rowave" oven, and a fake spokesman saying Samsung was inspired by its founder "Stefan Jobes."



By Electronista Staff
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Comments

  1. SockRolid

    Forum Regular

    Joined: 01-21-10

    It's possible that Samsung just might be running out of ways to screw up their defense. Too bad, because it's so entertaining. Keep it going, Samsung!

  1. Paul Huang

    Mac Enthusiast

    Joined: 09-18-99

    Maybe she misspelled her name from Ostrich to Estrich.

  1. Dave Sidaway

    Registered User

    Joined: 08-09-12

    Samsung needs to find a good defence to copy

  1. ljmac

    Fresh-Faced Recruit

    Joined: 11-07-10

    Samsung has a Fox News commentator on their legal team? That figures!

  1. Spheric Harlot

    Clinically Insane

    Joined: 11-07-99

    Originally Posted by ljmacView Post

    Samsung has a Fox News commentator on their legal team? That figures!


    Yeah, that got me, too.

    Weird.

  1. Charles Martin

    MacNN Editor

    Joined: 08-04-01

    This would explain a lot about Samsung's "rewrite reality and act like a petulant five-year-old" defense strategy so far.

  1. makemineamac

    Fresh-Faced Recruit

    Joined: 03-07-08

    So, turns out she is registered now, but was not yesterday, which means she violated the rules, but claimed that she thought her law firm had looked after this technicality.

    She claims her actions were not willful. Gets more and more interesting....

  1. Spheric Harlot

    Clinically Insane

    Joined: 11-07-99

    Hey, everyone makes amateur mistakes…as an amateur.

  1. packlad

    Fresh-Faced Recruit

    Joined: 08-10-12

    She was Michael Dukakis's campaign manager in '88. I would keep that off my resume.

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