May 16, 2007
Copyrighted Complaints?
Posted by Gordon Smith

Last year we discussed copyright and deal documents (read the comments, too, if that topic interests you). Today Peter Lattman has an excellent post on a dispute over complaints. Peter writes:

Earlier this month we reported on another putative class-action lawsuit filed by law firms Proskauer Rose and Bernstein Litowitz against Google. They represent the Premiership (Britain’s professional soccer league) and music outfit Bourne Co.

Grisman’s complaint, filed by Berman DeValerio in San Francisco and Lovell Stewart in New York, bears a striking resemblance to the one filed by Proskauer and Bernstein. For you, O Law Blog reader, we’ve highlighted the very substantial portions of the Berman DeValerio complaint that match word-for-word the Proskauer/Bernstein one. (Click here for the Proskauer/Bernstein complaint, and here for the Berman/Lovell complaint.)

As you will see if you click on the second complaint, most of it is copied directly from the first. Peter asks, "Should lawyers be able to copy each other's litigation documents?" Yes.

If this topic interests you, see this article by Davida Isaacs.

UPDATE: Larry Ribstein reminds me (again) that he has a paper on this topic. Indeed, the definitive paper! Mea culpa for the oversight, Larry.

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» Copying complaints, again from Ideoblog ...
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