* There’s a guy called the “Good-Grammar Bandit” out there and he’s a high priority target of the FBI? Allow me to take this opportunity to tell the FBI their doing a good job. [Lowering the Bar]
* Some folks have asked me incredulously about yesterday’s Non-Sequiturs item about Louisiana and Oregon allowing convictions with non-unanimous juries. So here’s some background on how that came to be. [Constitutional Accountability Center]
* Speaking of Louisiana, a lawyer has filed suit against Morris Bart, a major personal injury law firm, for unpaid wages. From what we’re hearing this may be the tip of the iceberg for these sorts of allegations — lots of people have been leaving the firm recently and that’s a recipe for complaints going both ways. [Louisiana Record]
* Florida may not regulate real guns any time soon, but one 11th Circuit judge is ready to regulate the hell out of shotgun pleadings! [South Florida Lawyers Blog]
* Lawyers are bad at social media. They’re bad at social reality, why did we expect them to be good at social virtuality? [CMS Wire]
* ADA’s father was kidnapped (and recovered). Yikes. [WRAL]
* A look at the legal issues in the most recent episode of Agents of S.H.I.E.L.D. If you saw it (and Captain America to the extent they are intertwined), you know there were some heavy legal issues at play. [Legal Geeks]
Circles around the water coolers in offices of the federal judiciary are very busy today. It seems that a rumor is circulating about a prominent conservative judge who allegedly posed for nude photographs before heading to law school. The photos, which made their way to badpuppy.com, one of the largest gay pornography sites on the worldwide web, depict a handsome young man staring into the camera, expressionless, his genitalia fully exposed.
If true, this would not be the first time that a respected jurist has inadvertently revealed what lies underneath their robes. Judge Wade McCree of Michigan bared it all when one of his sext messages was leaked to the public. Madam Justice A. Lori Douglas blushed red as a Canadian maple leaf when nude photographs of Her Honor engaging in bondage acts surfaced online.
On the other hand, if the gossip that is making the rounds is true, it would likely be the first time that a federal judge seated on one of the United States circuit courts has been caught with his pants around his ankles — or in this case, with no pants at all…
(1) Monopolies are generally illegal.
(2) Like baseball, patents make monopoly laws get a little funky.
(3) Courts really really really like to encourage settlements.
So, when two companies get together, and work out a settlement that makes a whole patent infringement lawsuit go away, and the only objection is that pesky Federal Trade Commission complaining that the settlement is anticompetitive, you can understand why a federal court could meditate on points (2) and (3) and dismiss that FTC complaint.
Yet, in FTC v. Actavis, the Supreme Court yesterday made it harder to settle some patent infringement suits, saying that sometimes a settlement of a lawsuit can be an antitrust problem.
* I’m not sure what it takes to be a top “Global Thinker,” but I’m sure these law professors are worthy. [Volokh Conspiracy]
* Good to see that I’m not the only one who gets crazy pitch letters from lawyers. [Popehat]
* If somehow this results in a Simpsons episode where the 11th Circuit rules on whether or not the family can have another Snowball, I’ll be happy. [Find Law]
* No joke, the “things you can’t do on a plane” series is probably my favorite thing in the blawgosphere right now. [Legal Blog Watch]
* Keith Magness, the lawyer accused of masturbating on the office furniture of girls in his firm, entered Alford pleas. But the pleas kind of stuck together. [Times-Picayune]
* But really, how is anybody going to get trial experience if everybody is entering pleas all the time? [Underdog]
* Could a benevolent monopolist fix legal education? Perhaps. But I’d vote for a malevolent blogger instead. [lawprofblog]
* This law student is worried about the tax implications of getting free donuts. He’d better be worried about letting me know that he can get donuts whenever he wants. (Yes, I make the jokes so you can’t hurt me, then go home to bacon-wrapped, fried steak wedges, which don’t judge). [Tax Prof Blog]
* I was on Geraldo at Large for about 30 seconds this weekend telling a gun range owner that guns should be regulated while standing in the middle of his gun store. I wore bright orange because, well, I didn’t want to get shot. [Geraldo at Large]
Let’s see. How many completely unrelated topics can you fit into one federal appeals court ruling? How about a lead defense attorney who drank a quart of vodka during every day of a capital murder trial, a concurring opinion criticizing the majority opinion — not about the case itself, but simply on the ruling’s length — aaaand let’s throw in a Mark Twain quote for good measure.
That should do it! Introducing the ruling in Holsey v. Warden. It’s quite the odd duck, so let’s take a look…
As we mentioned yesterday in Morning Docket, Judge Marcia Gail Cooke (S.D. Fla.) recently issued an omnibus order on multiple motions for sanctions in the high-profile case of Coquina Investments v. TD Bank. The plaintiff, Coquina Investments, moved for sanctions related to various alleged discovery violations.
At a contempt hearing held back in May, Judge Cooke heard testimony from employees of TD Bank and current and former lawyers from Greenberg Traurig, which previously represented the bank. She took the matter under advisement — but not before saying things like, “It is hard for me to describe in words the difficulty throughout this trial related to documents and discovery.”
In one of his ballads, Jim Croce warned that there are four things that you just don’t do: “You don’t tug on Superman’s cape/ You don’t spit into the wind/ You don’t pull the mask off that old Lone Ranger/ And you don’t mess around with Jim.” He could have added a fifth warning to that list: “And you don’t let pistol-packing mother catch you naked in her daughter’s closet.”
* A gem from the Eleventh Circuit: if you believe it’s newsworthy, it is. Even naked pictures of dead girls. Now stop hoping a hot girl dies, sickos. [CNN]
* If there’s one thing judges are good at, it’s keeping their law clerks white. They’ve made no progress in increasing diversity. [National Law Journal]
* Some law school grads bitch and moan about the “student loan scam,” but others just do what they went to school for, and sue about it. [ABC News]
* The social media machine that is Mark O’Mara can’t be stopped — judge’s orders. And George Zimmerman is going to like and retweet that until the cows come home. [Boston Herald]
* Here’s infringing on you, kid. British fashion house Burberry insists that a California company stop Bogarting its rights to Humphrey’s trademark and likeness, all for the sake of promotional materials. [Bloomberg]
With Murdoch gone, British media can return to doing what it does best.
* A federal judge tossed out a law requiring tobacco companies to put graphic warning labels on cigarette packages. If paying $7 a pack doesn’t stop you from buying smokes, I don’t think nasty photos will either. [CNN]
* SCOTUS won’t deal with Arizona’s controversial immigration law for a couple months, but the Eleventh Circuit will hear oral arguments about Alabama’s even stricter law today. But why would you immigrate to Alabama, of all places? Thomson Reuters News & Insight]
* The Seventh Circuit ruled that police can search a cellphone for its number without a warrant. Judge Richard Posner compared it to law enforcement’s ability to open a pocket diary and copy the owner’s address. The bigger question is: do drug dealers keep diaries? [Wall Street Journal]
* James Murdoch, the News Corp. heir apparent, has resigned in the wake of the News of the World scandal and related lawsuits. Now everyone can just go back to reading British tabloids for the Page Three Girls. [Los Angeles Times]
* RIP Lynn D. “Buck” Compton, the prosecutor who secured a conviction of Robert F. Kennedy’s assassin, and the Army paratrooper portrayed in the book and HBO miniseries “Band of Brothers.” [Washington Post]
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.