Tuesday, March 17, 2009

Nesson: 'mea maxima culpa'

Harvard Law Professor Charles Nesson has issued a formal written apology to Judge Nancy Gertner and his opponents at the record labels for failing to withdraw his motion to compel the deposition of recording industry litigator Matt Oppenheim -- a motion that Judge Gertner called "plainly flawed" and "frivolous."

Nesson.apology

Kudos to Prof. Nesson for admitting his mistakes. (But where's the check to the labels for wasting their time opposing his meritless motion?) Of course, the real test is how he conducts himself in this litigation going forward.

UPDATE: And Nesson has added experienced Boston litigator Matthew Feinberg to assist in the defense of his client Joel Tenenbaum. Explains the team:

We aren’t trying to lead a movement against music or copyright or adequate compensation for artists. We’re just trying to defend Joel.

But we know the stakes are high. And that’s why we’re gathering the best talent there is.

Very smart move. And probably necessary.

3 comments:

  1. It would have been more efficient to send the judge an apologetic Tweet. "ROTFA [Rolling on the floor, atoning] kthanxbi yr onr."

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  2. "Kudos to Prof. Nesson for admitting his mistakes. (But where's the check to the labels for wasting their time opposing his meritless motion?) Of course, the real test is how he conducts himself in this litigation going forward."

    Was the motion frivolous? Gertner said so, but is it not true that Oppenheim has been referred to as the client? Does not one depose the "client" in civil litigation?

    Todd

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  3. One can certainly depose the client (including the client's employees). But the labels have clearly stated (and Gertner accepted that) Oppenheim is merely an outside attorney who represents the plaintiffs. The rules do not per se prohibit deposing outside counsel -- and Gertner did not deny the motion on these grounds. She merely said that plaintiffs used the wrong procedure to notice the deposition of a non-party.

    ReplyDelete

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