Ed. note: Today we remember and thank those who have died in military service to our country. In honor of Memorial Day, Above the Law is on holiday (and we hope you are too). We will return to regularly scheduled programming tomorrow.
* Can’t really improve on the Deadspin headline here. “Ric Flair Found In Contempt Of Court For Owing Wrestling-Merchandise Company $35K. Whooooo!” [Charlotte Observer via Deadspin]
* Judge Owen Panner of Oregon recently benchslapped the mortgage industry. I’m beginning to think the mortgage industry was plagued by sloppy practices. [Oregonian]
* The Obama administration has started to focus its enforcement efforts on employers of illegal immigrants. Apparently you can become president of this great country without showing proof of citizenship, but you can’t work in the kitchen at Fuddruckers. This guy knows what I’m talking about. [New York Times]
* It’s not dark yet for free speech warrior and all-around deviant Larry Flynt. But it’s getting there. [The Independent]
* Ever wondered whether nose jobs can be copyrighted? No? Oh, never mind. [PrawfsBlawg via Gawker]
* You know summer’s coming because another politician is accusing the oil industry of fixing prices. You also know summer’s coming because it’s getting warmer, you dummy. [New York Post]
* Moammar Gaddafi, the NATO bombing campaign, and two French lawyers who clearly absorbed the lesson of To Kill a Mockingbird. [Washington Post]
* Finally, it was revealed over the weekend that Justice Sotomayor received $1.175 million from Alfred A. Knopf for her memoirs. Zune Zune Zune!. [New York Times]
* And finally, a law student sues a law school for its allegedly misleading post-graduate employment information. [Law School Transparency]
* A “leading business lawyer in Germany,” reportedly a partner at Linklaters, allegedly attempts to evade paying taxes on his new lederhosen. Now is the time on Spockets when we dance. [Roll on Friday]
* Female lawyers arguing over women having children and taking maternity leave. I think I’m going to read this post, go with my boys to see The Hangover 2, and then hit up Rick’s. [Vault]
* First-time Tennessee bar exam takers who graduated from the University of Memphis Law School passed the bar. All of them. As Successful Troll might say, congratulations to all of the soon-to-be-employed Memphis Law grads! [The Commercial Appeal]
When Focus on the Family CEO Jim Daly recently conceded that opponents of gay marriage had “probably” lost in their efforts to convince young Americans that gay marriage is evil baloney, there was much celebration in circles that celebrate such things. I have it on good authority that Elie let out a big whoop upon hearing the news. Then he quickly got angry as hell about something or other. That guy.
Now that Christian conservative groups have given up trying to convince young people that gay marriage is wrong, they can redouble their efforts on the cinematic front. And that is something that we can all agree is great. Just great.
After the jump, enjoy the trailer for a movie that promises to do for the abortion issue what a banana did for the evolution issue (evolution is not an issue).
The film is called Come What May, and it involves a moot court competition and young love. And dead babies? Yeah, it mentions that once or twice….
Dick intentionally spits on Prudence while she is asleep. Several weeks later, Prudence learns of Dick’s act. Dick is liable for battery.
– hypothetical in a bar exam review outline for Torts. A reader posits: “I truly do not think the writer of this example, with an infinite number of possible battery examples at his or her disposal, had an innocent mind at the time of the example’s writing.”
Facebook and Mark Zuckerberg respond to Paul Ceglia, the wood chipper who claims to own half of Facebook
Now that the Winklevoss twins have been sent packing by Chief Judge Alex Kozinski (with a kick in the ass on the way out the door from the rest of the Ninth Circuit), with a 0.00% chance of the Supreme Court taking their case, Facebook’s lawyers can focus on the latest “Actually, I Own Facebook” lawsuit.
Paul Ceglia claims to have a contract with Mark Zuckerberg that entitles him to half of the company. Zuck supposedly signed away a stake in Facebook in 2003 while a Harvard undergrad in exchange for $2,000 in seed money from Ceglia.
In an amended complaint filed in April (with the help of DLA Piper), Ceglia claimed to have some damning emails from Zuckerberg where they discussed “the face book” project at length. Ceglia said the emails showed that Zuck deceived him, allegedly telling him the site was not very popular with the Harvard kids, and asking him if he would like his $2,000 back — at the same time as Zuckerberg was moving out to California to ramp up operations.
Lawyers at Gibson Dunn filed Facebook’s response to Ceglia’s lawsuit this week, calling him a scam artist and saying that the contract he claims to have is “doctored” and that the evidence he has produced is “fabricated.” Here’s the scorching opener to the answer, which was certainly written as much for the media as for the judge….
I really, really hope that somewhere out there, Thomas W. Gooch III feels like a giant tool. A few days ago, Gooch, of the law firm Gauthier & Gooch, wrote a motion objecting to a “large breasted woman” sitting at opposing counsel’s table. He questioned the woman’s qualifications and accused opposing counsel, Dmitry Feofanov, of planting her there to distract the jury.
“Personally, I like large breasts,” Gooch said. “However, I object to somebody I don’t think is a qualified paralegal sitting at the counsel table — when there’s already two lawyers there — dressed in such a fashion as to call attention to herself.”
Well, it turns out that Gooch has been ogling, scrutinizing, and questioning the qualifications of Feofanov’s wife.
Dude… not cool.
Feofanov has furnished us with a statement, accompanied by a tasteful picture of his allegedly offensively-figured wife…
Yesterday I wrote about the Emory Law School commencement address delivered by Professor Sara Stadler. In it, she told graduating law student that their own “sense of entitlement” was standing in the way of their happiness.
I’ve got nothing against Professor Stadler or Emory Law, but I personally thought this was the wrong note to strike at a commencement address — and so did some Emory Law students, who contacted us about this in the first place.
But other Emory Law students disagreed. And after yesterday’s post went up, some students emailed Above the Law to express support for Professor Stadler and her message. They stated that she is an excellent teacher and was speaking at commencement by popular demand — Emory students voted on which faculty member they wanted to hear from.
Nobody raised a factual issue about what she said, and you can experience the full speech on YouTube. It’s just that some of the students really liked her address.
Fair enough. Professor Stadler’s critics have already had their say. Now let’s hear from some readers who appreciated and enjoyed her graduation remarks…
* In New York, new “while black” violations seem to pop up every few months. Apparently, riding in a taxi is now a friskable offense. [Metropolis / Wall Street Journal]
* Madoff investors aren’t happy about the fact that that Irving Picard charges $5,803.00 a day. Don’t hate the playa, hate the game. He can’t help it that every day he’s hustlin’. [Bloomberg]
* More and more women are climbing the law school deanship ladder, but what I really want to know is why all of these successful women are trying to make themselves look so butch. [National Law Journal]
* Those of you who are trying to lawyer-proof your rapey behavior taking the New York bar exam may want to check out this article about DSK’s sexy past for a refresher on the rules of evidence. [Reuters]
* “An inveterate scam artist whose misconduct extends across decades and borders.” Facebook’s answer in the Ceglia case makes it sound as if this dude is a movie villain. That would sound great in a trailer. [Not-So Private Parts / Forbes]
Katherine Forrest: You'd smile too if you were this rich.
I recently wrote about Katherine B. Forrest, the celebrated litigatrix nominated to a federal judgeship on the breathtakingly prestigious Southern District of New York. Forrest currently serves as a deputy assistant attorney general in the Department of Justice’s antitrust division, but before joining the DOJ she was a longtime partner at Cravath, Swaine & Moore — a premier, if not the premier, American law firm. Forrest was one of CSM’s most popular (and most powerful) young partners.
So here’s what I wondered: Why did the amazingly accomplished Forrest, a partner at super-lucrative Cravath for over a dozen years, declare a mere $4.3 million on her net worth statement? Granted, $4.3 million is nothing to scoff at; KBF is rich (even by Elie’s standards). But it seemed to me that a lawyer of her distinction, who was a partner at a top firm for such a long time, should be even richer.
Thanks to information from helpful readers who saw my earlier post, I now know the truth. As it turns out, Katherine Forrest is considerably wealthier than that $4.3 million number suggests.
* Loser pays is very close to become law in Texas. I wonder if this can be extended beyond litigation? Like, if I go to Texas and beat the crap out of somebody at a bar, does he have to pay for my drinks? [Legal Blog Watch]
* Seismologists in Italy are being tried for manslaughter for not predicting an earthquake. Doesn’t Italy still believe that God causes earthquakes? [Gawker]
* You know how in theater whenever somebody tells a woman “you don’t know how to kill,” they always end up being killed by that woman? I think some bleeding heart liberal told Arizona “you don’t know how to kill,” and well… they do. [WSJ Law Blog]
* Just when you thought you had a fall-back career as some back office attorney
you’ve already been outsourced. [3 Geeks and a Law Blog]
* Do you want to be a lawyer because you like to argue? Well that’s dumb. If you want to be a lawyer because you really enjoy triple checking small details, well then you should consider taking the LSAT. [Lawyerist]
* Is there a way to do a sci-fi lawyer thing? If so, I’d like to be a part of this project. I know the guys at SyFy are desperate for content. [Overlawyered]
* Vote here for the best legal novel of the year. [ABA Journal]
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
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