Consider federal district court Judge Vince Chhabria’s observation in ordering Meta (Facebook) and its law firm, Gibson Dunn, to pay almost $1 million to their opponents in In re Facebook Inc. on February 9.
“This case is an example of a wealthy client (Facebook) and its high-powered law firm (Gibson Dunn) using delay, misdirection, and frivolous arguments to make litigation unfairly difficult and expensive for their opponents. Unfortunately, this sort of conduct is not uncommon in our court system.”
However disapproving judges may be on the rare occasions when they take time to look into it, the legal profession tolerates — often encourages — scorched-earth courtroom tactics. Even among America’s most celebrated companies and leading law firms, litigation too often imposes catastrophically wasteful costs on a business before any judgment has been rendered. Continue reading