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Lloyd “Rusty” Day Jr. is awfully busy these days. “It’s been a hell of a lot of fun,” Day said recently. “I have three cases going to trial, maybe four.” Day is one of the leaders of Day Casebeer Madrid & Batchelder, a litigation boutique that specializes in big-ticket company suits primarily on behalf tech industry titans Sun Microsystems Inc. and Amgen Inc. Citing client confidentiality, Day is a little cagey about the details of the cases he’s working on these days. But he says his calendar is continuing to fill with big battles. One seemingly bottomless well of work is Sun’s epic legal fight with Microsoft Corp. Day is representing Sun in a pending $2 billion antitrust lawsuit against Microsoft and was the company’s lawyer in a tough battle over the Java programming language. With a cadre of big-name clients, Day is in the enviable position of turning away seemingly juicy disputes because of manpower limitations. His firm has just 25 lawyers, seven of whom are partners. In addition to the four remaining founders, the partner ranks include three associates who were promoted from within. Day is one of five ex-Cooley Godward litigators who left big-firm life in 1998 to start a technology litigation boutique. At the time, Day said he wanted a firm that was small and focused and let him spend most of his time working on a handful of cases. The firm won’t reveal profits or revenues, but if its litigation successes are any indication, the approach may be working. Aside from Sun and Amgen, the firm’s client roster also features Icos Corp., Eli Lilly & Co. and Qualcomm Inc. Day Casebeer co-founder James Batchelder scored a victory for Qualcomm last year in a patent dispute with GTE Corp. At 49, Day isn’t ready to retire, but he is attempting to groom replacements. Day said he’s dedicated to his firm’s longevity, and that means attempting to mentor newer partners. “The most important role that partners play in law firms is ultimately supplanting themselves,” Day said. “Increasingly, we’re trying to make my role into more of a mentor coach for the partners. I’m being supplanted. I’m cheering it on.”

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