Trials & Litigation
Lawyer Bans Opponent from Hotel in Hard-Fought IP Case
Posted Jun 9, 2008, 02:46 pm CST
By Martha Neil
Concerned that sensitive documents might be delivered to the wrong legal counsel, a corporate client in a hard-fought federal case reportedly contracted with the hotel at which its own attorney was staying not to allow lawyers or staff from the opposing side to stay there, too.
Then, when heavy-hitting Los Angeles litigator John Quinn discovered he was banned from the Mission Hotel in downtown Riverside, Calif., he complained to U.S. District Judge Stephen Larson, asking him to declare the contract between the hotel and MGA Entertainment unenforceable, writes the Daily Journal (sub. req.). Larson reportedly declined to get involved, saying he didn't have standing to do so.
Meanwhile, at a hearing before Larson, however, lawyers for the hotel pointed out a loophole in the contract, the Wall Street Journal Law Blog recounts: It barred the Quinn contingent from booking rooms at the Mission Inn directly, but did not ban them from doing so via a travel agent.
Quinn, who is now staying with his legal entourage at the Riverside Marriott, says he has never before encountered a situation in which opposing counsel sought to prevent him from staying at the same hotel.
But Thomas Nolan, a partner of Skadden Arps Slate Meagher & Flom who is representing MGA, says the move wasn't all that unusual, according to the Daily Journal. Nolan "said MGA and its former counsel in the case, O'Melveny & Myers, decided the contract was necessary because they had concerns about accidental delivery of their case file boxes or faxes to opposing counsel's rooms during trial," the legal publication states.
"We were concerned about security issues," Nolan told the Daily Journal.
When not focusing their legal skills on accommodations issues, the two are at trial in Riverside federal court in a $500 million-plus intellectual property case between the respective manufacturers of Barbie and Bratz dolls. Mattel, which is represented by Quinn, contends that MGA essentially stole the Bratz concept. MGA, however, accuses Mattel of copying it.
Related coverage:
Wall Street Journal Law Blog: "In Barbie and Bratz Case, Is the Chronology the Key?"
Related Stories
- DA in Cheney-Gonzales Case Shouts at Judge, Who Seeks Higher-Court Backup
Nov 21, 2008, 06:01 pm CST - Lathrop & Gage to Open Calif. Office By Merging With Spillane Trial Boutique
Nov 21, 2008, 05:26 pm CST - Layoffs at Big Immigration Boutique; Fragomen Says Hiring to Be Curtailed
Nov 21, 2008, 04:43 pm CST - Kansas City, Mo., Mayor Sues After His Wife is Banned from City Hall
Nov 21, 2008, 04:24 pm CST
Commenting is not available in this weblog entry.
Comments
Posted by Paul - 5 months, 1 week, 3 days, 2 hours, 18 minutes ago
At first blush it sounds petty, but on further reflection, it is reasonable and prudent.
Only a whiner would think this is a big deal.
Posted by Ed Brewer - 5 months, 1 week, 2 days, 22 hours, 34 minutes ago
One hopes that this story is missing some facts. Common courtesy would dictate that if such concerns exist, the attorney with the concern would call up the other attorney and they would discuss what to do about the matter. I have litigated with Skadden lawyers and found them to be courteous and honorable lawyers. I am simply not willing to believe that a Skadden lawyer would go so absurdly far beyond the bounds of professional courtesy as is said to have occurred here.
Posted by R - 5 months, 1 week, 2 days, 20 hours, 31 minutes ago
Yeah, you’d think they’d just pick up the phone and say, “Hey, I’d like to stay at this hotel if you’re staying someplace else - we should probably each stay in separate hotels for confidentiality reasons.“ But NOOOOOO, that’s to easy and civil. Let’s have one side draft a ridiculous contract with the hotel, and have the other side go whining to the courtroom with a ridiculous motion. Is there any wonder why the public thinks lawyers are a bunch of prima-donna, whining, backstabbing pantywaists?
Posted by Shut up, stupid whiner!! - 5 months, 1 week, 2 days, 13 hours, 5 minutes ago
Whatever. Who cares? Quit whining and go to a different hotel, you baby. “But juuuuuudge, he was meeeeaaaan to meeeeee!!!!“ I bet the rest of his motions in court sound just like that to the judge.
Posted by RD - 5 months, 1 week, 1 day, 19 hours, 4 minutes ago
Smart guy. You can’t be too careful. Litigation is tough and only the tough survive. I don’t know what the beef is about. I know that the Riverside Marriott has REAL fresh squeezed OJ in the morning, and you aren’t limiited to 1 4 oz glass. I would stay there again.