Dan Backer Punches Back Twice As Hard

Dan Backer, Aaron Walker’s lawyer, has filed his Response to Defendant Kimberlin’s Motion and Memorandum in Support of Rule 11 Sanctions Against Plaintiff’s Attorney Dan Backer in the federal Walker v. Kimberlin, et al. lawsuit.

I’ll have more to say about TDPK’s sanctions motions and Mr. Backer’s reply in later posts. For now, let me simply refer the Gentle Reader to Mr. Backer’s section A Note on Ethics beginning at the bottom of page 16 of the response (page 20 of the pdf).


Bitten off more than he can chew. Fighting above his weight. Whatever. TDPK is in way over his head. Get the popcorn ready and stay tuned.

Tick, tock, tick, tock, …

9 thoughts on “Dan Backer Punches Back Twice As Hard

  1. That right there was a satisfying read.

    I like the point about how BK will ignore a court’s order and move right along to the next motion. Ties in nicely.

  2. Interesting, if a bit long winded in the middle. The motion started out strong and finished strong, but didn’t carry that strength through. The bulk of the motion read more like a blog than a brief. Nothing exactly WRONG with that, just not the way I would have done it.

    I hadn’t really considered the allegations Backer makes against Cohen. Pretty damning. If Cohen really did divulge confidential information and received sealed information from Kimberlin he could be in some serious ethical trouble. Hopefully Walker, Backer, or some other lawyer follows up with a bar complaint against him.

    • I think this may have been one of the many instances Hoge was referring to when he used the phrase “above their weight”.

      I guess Cohen doesn’t realize what is going to happen. It’s now a part of the court record. So I don’t think this is a matter of “following up”. I think this is a matter of “it’s beyond our control now…”.

      I won’t bore everyone with silly things like the legal responsibilities of attoneys and State Bar Professional Guideline Codes. I’ll just leave you with this cultural moment:

  3. Backer’s motion states Kimberlin’s tactics quite well: wear down his adversaries and bleed them of time and resources regardless of any particular action’s final outcome. This time Kimberlin is facing someone who willing to see the case all the way through. Kimberlin is coming to the end of his rope.

  4. I’d like to know when we’re going to see 2011’s 990s for JTMP and VRUS. Even with two extensions, they ought to have been filed and shown up on Guidestar by now.

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