Daily Dicta: This Grateful Company Named a Video Game Character After Their Lawyer. How Do Other Clients Say Thank You?
Nintendo named an iconic video game character after John Kirby, a retired Latham & Watkins partner who died last week. It got me thinking: What do other clients do to show appreciation for lawyers who deliver key wins?
October 07, 2019 at 12:00 AM
7 minute read
The legal profession lost two giants last week. I got word on Sunday that Quinn Emanuel Urquhart & Sullivan name partner Bill Urquhart died on the evening of Oct. 4—I'll have more on that tomorrow. And on Oct. 2, retired Latham & Watkins partner John Kirby died from complications of Myelodysplastic syndrome, a blood cancer.
Kirby, who was 79, leaves one unusual legacy: a beloved video game character named in his honor.
It's a quirky piece of a stellar career, which included working at the Department of Justice's Civil Rights Division during the height of the civil rights movement in the 1960s as the special assistant to division head John Doar.
According to Kirby's New York Times obituary, he personally escorted African-American children into segregated schools, flanked by federal marshals. And his "discovery of methods such as literacy tests specifically designed to exclude African-Americans from voting helped form the basis of the Voting Rights Act of 1965."
Kirby also made his mark in private practice. James Brandt, co-chair of Latham's litigation and trial department in New York said Kirby "was critical to establishing Latham as a destination litigation shop in New York. He was a prodigious legal talent with a passion for all that life had to offer, and had a genuine gift for sharing his love of life with others. John was also a generous mentor to many lawyers at the firm, which is a testament to his exemplary leadership and among his greatest legacies. He will be dearly missed."
In the 1980s, Kirby successfully defended Nintendo in a trademark and copyright infringement suit brought by Universal City Studios, which claimed that Nintendo's enormously successful "Donkey Kong" video game infringed on Universal's IP rights to King Kong.
After Kirby successfully argued that King Kong was in the public domain, Nintendo paid him a unique tribute.
"Nintendo's lead designer Shigeru Miyamoto, the creator of Super Mario Bros. and the Legend of Zelda franchises, named the popular video-game character 'Kirby' in his honor," the obituary states. "Nintendo also gave him a sailboat, aptly named the 'Donkey Kong,' which he took great pleasure in sailing with his family on the waters by his homes in Westhampton Beach, and later Shippan Point, Connecticut."
Both my kids loved the Nintendo games starring Kirby—a cheerful, pink, alien blob. Suffice to say, it never occurred to me that the character was named after a Latham partner.
But the anecdote also got me thinking…What sorts of things have other clients done to show appreciation for litigators who deliver big wins?
So I asked around.
Wilkinson Walsh + Eskovitz name partner Beth Wilkinson recounted a truly thoughtful gesture.
"After a long and challenging trial, a wonderful client, Bill Ohlemeyer, sent a gift and wrote a thank you note to the partners/spouses of each member of our trial team," Wilkinson said in an email. "My husband received a beautiful Mont Blanc pen and a personal note from Bill. I cannot imagine a more thoughtful way to acknowledge the sacrifice a family makes when we go to trial."
Cravath Swaine & Moore's Evan Chesler recounted a post-victory gift that both he and his wife enjoyed.
"A client sent me and my wife on a five day trip down the coast of California with stops in Big Sur, Monterey and Carmel. When we got to our hotel in Carmel, there was a basket of food and champagne waiting with a wonderful thank you note," Chesler said.
Other clients have celebrated the entire team. Morgan, Lewis & Bockius chair Jami McKeon recalled how one client, a Japanese company, "flew our entire team—secretaries and paralegals included—business class to Tokyo and then to Kyoto for a multi-day first class tour, then back to Tokyo for celebrations."
"What I love about this is that our client recognized not just the partners—and even not just the lawyers, but instead feted the entire team," she continued. "The expense was significant for the client and it was truly memorable for everyone. Our client was really proud to honor the team in this way and to share so much of their culture."
Another client after prevailing in a high-stakes government investigation presented Morgan Lewis with an unexpected $1 million check—on top of the agreed-upon fee—out of sheer gratitude, McKeon added.
Other gifts are treasured for being personal. Gibson, Dunn & Crutcher's Randy Mastro—who with his thick silver hair and neatly-trimmed beard bears a distinct resemblance to the Dos Equis "Most Interesting Man in the World"—has one such memento from a client on display his office.
Mastro explained the context: He'd just finished a long, high-stakes bench trial (he declines to name the client, but it's not hard to figure out). Before the judge issued a decision, the case settled. One market participant was quoted in a news story that the opposing party "had to get his butt kicked first" before agreeing to settle.
At a celebratory dinner, the client presented Mastro with the framed image. It's Mastro's face, seamlessly photo-shopped onto the Most Interesting Man in a Dos Equis ad. It reads, "I'll never settle … But when I do, I'll still kick your butt."
Cooley's Michael Attanasio recalled coming home to an unexpected treat from a client.
"After we won a six-week breach of contract and fraud case for a major consumer electronics company in San Bernardino Superior Court, I came home to find that a 60 inch flat screen TV had been delivered to my house," he said.
Boies Schiller Flexner's Karen Dunn recalls several nice presents from clients—and a much-appreciated gesture.
"Coolest gifts were definitely an Apple Watch and an Uber hoodie. (In tech, the bestowal of the hoodie can be a high honor!)," Dunn wrote in an email. "And on a personal note, I really appreciated when one of my clients, Oracle, asked a judge in a public filing to move a trial date because it conflicted with the birth of my third child—I was very touched by that."
Weil, Gotshal & Manges IP litigator Edward Reines recalled being invited by a client to Vegas after helping invalidate the notorious patent covering the idea of an on-line shopping cart.
Still, he said he's most moved by a simple, sincere thank you. "The champagne, fancy dinners and lucite cubes I have received pale in comparison to letters of genuine appreciation from grateful clients," he said.
Best of all is when clients turn to him again, he said. "The reward of new matters demonstrates client trust, which is far more fulfilling than trips or material items."
Do you have a story about a gift or gesture from an appreciative client to share? Send me an email at [email protected] and I'd love to do a follow-up.
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