The Slow Reveal...

While, some still doubt the interplay between communications and modern litigation, here's an example of a brilliant technique that uses public attention to force defendants to the settlement table: the "slow reveal" of the names of defendants previously only identified by pseudonyms in a high-profile defamation lawsuit.

The backstory: two female Yale law students were smeared on the web forum "AutoAdmit." They sued at least 39 posters on the site for defamation. The names of the defendants, previously unknown, were discovered through subpoenas issued to the defendants' ISPs (so much for online anonymity).

An amended complaint filed by the famed litigation firm Keker & Van Nest -- certainly one of the most prominent litigation boutiques in the country -- revealed the name of a single defendant in the case... with the promise of others if settlements are not reached.

Talk about your veiled threats:

“Plaintiffs are seeking to resolve their claims against these defendants,” says the complaint. “Therefore, at this time, Plaintiffs continue to identify these defendants by their AutoAdmit pseudonyms.”

A nice summary of the latest developments can be found in the Yale Daily News, here.

I have actually seen this technique used in various cases in the past -- particularly where a complaint is filed under seal, with the plaintiffs stating (and I'm paraphrasing for effect here):

"We know the defendants would be highly embarrassed if the facts of this case were to come to light. Therefore, we're giving the plaintiffs two weeks to settle this matter to our satisfaction, or we'll unseal this filing for the world to see."

Sometimes it's hard to tell where the Court of Public Opinion ends and the court of law begins.

Baseball's Legal Season

Here's an article I wrote in mid-December regarding the various steriod-induced legal battles enveloping our national pastime.

The summation, to spare you the suspense:

At his press conference, Sen. Mitchell spoke at great length about the lessons learned from mediating the Irish troubles. All good points. But in both the Bonds and Mitchell cases, we all must remember another lesson from Northern Ireland: What happens to justice when the basic elements of legal process are missing, such as the ability to examine the evidence against you and confront your accusers.

We'll have plenty of chances to do so in the coming weeks and months, of course, since it's likely neither story is going away any time soon.

What's next? Congressional hearings in mid-January, a possible lawsuit by Roger Clemens, and a possible defamation lawsuit by Clemens' former trainer. Stay tuned, this one's going extra innings...