Archive for August 2011

It doesn’t take much to get people riled up about peer-to-peer file sharing and everything that goes along with it. Who is the RIAA is suing or not suing? Which Oscar-winning director thinks illegal downloading is maybe kind of OK after all? The list goes on and on.

Often file-sharing doesn’t much concern us here at Above the Law, but sometimes the P2P attorneys themselves become important and/or easily despicable characters within the always-hot topic. A few months ago, I wrote about an attorney named John Steele. A court found his methods of going after P2P porn downloaders to be unsound.

Last week, two more British attorneys were fined almost £200,000 and suspended from practicing law for their unacceptable Internet pirate-baiting schemes.

Let’s see who these guys are and what they did….

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First, a shameless plug; then, back to business.

Law360 surveyed practicing lawyers around the country asking what books the practitioners would recommend for new lawyers –- the so-called “legal greenhorns.” (The Law360 article requires a subscription; this recent piece from the ABA’s “Young Lawyer” is free of charge and summarizes the results.) The recommended books for new lawyers included Shakespeare’s plays; Alexander Hamilton and James Madison’s The Federalist Papers; Harper Lee’s To Kill a Mockingbird; and Mark Herrmann’s The Curmudgeon’s Guide to Practicing Law (affiliate link).

That leaves only one question: Who’s that Shakespeare guy, and why’s he cluttering up my list?

But enough of that. On to today’s business. How do you bring an ignorant client up to speed?

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Morning Docket: 08.11.11

Aaron Tobey

* A judge will soon rule in the Aaron Tobey case. If you don’t remember, he’s the kid who stripped at the airport to protest the TSA. Because that wasn’t going to cause a scene. [Washington Post]

* Diallo plans to introduce evidence of DSK’s alleged global history of sexual assaults at trial. The man’s got money — he can’t help it if he’s got hoes in different area codes. [Thomson Reuters]

* And speaking of hoes, if you’re convicted of soliciting backdoor deals in Louisiana, you’ll have to register as a sex offender. Is that constitutional? [Beaumont Enterprise]

* Louboutin is seeing red after losing to YSL. I guess I can stop hoping to own a pair of Louboutins, since everyone and their mother will have red-soled shoes in the future. [Hollywood Reporter]

Warren Jeffs

* Zàijiàn, Aggarwal! K&L Gates is suing a former partner, Navin Kumar Aggarwal, for breach of trust after he was arrested for theft and forgery. [Bloomberg]

* Widener Law Professor Lawrence Connell will be suing the school for $1.8M over a psych evaluation. He must be crazy for daring to defend himself in an email to students. [NBC Philadelphia]

* God gave him life, and so did the jury. Poor Warren Jeffs must be bored in jail. This polygamist pedo has been beating the bishop up to 15 times a day. Ouch. [The Daily]

Stephen McDaniel

We realize some of you are getting Stephen McDaniel fatigue. We apologize if that’s the case, but CHECK YOU CALENDAR: it’s August.

Aside from the stock market craziness that could signal a second recession, and perhaps the London riots, we are in a slow news period. And the story of Stephen Mark McDaniel, the 25-year-old Mercer Law School graduate accused of killing a comely classmate, Lauren Giddings, is just about the most interesting story out there.

If you’re not interested in this story, nobody is forcing you to read our coverage (which we tend to put up after regular business hours anyway). But if you are as interested in this fascinating case as we are — and our traffic stats suggest that you are very, very interested — then read on for the latest developments….

double red triangle arrows Continue reading “More on Stephen McDaniel: A Missing Bar Prep Session, and Possible Fiber Evidence”

Gay or European? Or just puppets?

* Should the police be able to use mobile-phone location data in order to locate a charged defendant? Kash reports on a recent decision. [Not-So Private Parts / Forbes]

* More importantly, should Bert and Ernie of Sesame Street get “gay married”? [Althouse]

* The ABA takes a lot of blame for the inadequacy of graduate employment reporting by law schools, but at least they’re taking “a step in the right direction,” according to Professor Gary Rosin. [The Faculty Lounge]

* Professor Ilya Somin: “The Decline of Men or Just the Rise of Women?” [Volokh Conspiracy]

Raj Rajaratnam

* Leave it to a whiny law student to complain about getting a package delivered before its estimated arrival time. [White Whine]

* “The Revenge of the Rating Agencies”: no, it’s not a horror film, but an interesting NYT op-ed by Professor Jeffrey Manns. [New York Times]

* Lawyers for Raj Rajaratnam argue that their client deserves a lower prison sentence due to a “unique constellation of ailments ravaging his body.” There’s a whole lot to ravage. [Dealbreaker]

* If you’d like to lose your appetite, read this Texas lawyer’s profane blog chronicling his effort to eat cheaply for a month (under $12.50 for every meal). [30 Days @ $12.50]

* No need to email us that Kentucky judge’s (very funny) “tick on a fat dog,” “one legged cat in a sand box” order, regarding a case that settled, obviating the need for a trial — we covered it last month. Thanks. [Above the Law]

We would like to show our gratitude to this week’s advertisers here on Above the Law. We would also like to congratulate the winner of our Approach the Bench giveaway. If you were picked as the winner of our grand prize, you will be notified by Above the Law.

We are honored to have these excellent brands as our advertisers. Please show them your support:

If you’re interested in advertising on Above the Law or any other site in the Breaking Media network, please download our media kits, or email advertising@breakingmedia.com. Thanks.

While no one was immune from the economic downturn, over the past two years, graduate employment figures for Harvard law students have matched those over the prior twenty years.

Martha Minow, dean of Harvard Law School, in an email sent to the HLS class of 2012 (reprinted in full after the jump).

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July shaped up to be a pretty good month for going after lower-ranked law schools. It isn’t even mid-August, but this month might end up even better.

Early in July, we reported that Kurzon Strauss, a small law firm based in New York, was trolling Craigslist for plaintiffs to sue Thomas M. Cooley Law School over its employment reporting practices. Cooley Law decided to strike first, suing the firm for defamation. And at about the same time, New York Law School and its dean, Richard Matasar, got ripped a new one in the New York Times.

And now, both law schools are getting sued for fraud, negligent misrepresentation, and deceptive business practices — à la Alaburda v. TJSL, the lawsuit filed back in May against Thomas Jefferson School of Law by an unhappy alumna.

Karmic revenge sure is sweet….

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Our Legal Technology Leadership Summit is around the corner. It’s taking place from September 6 – 8 on Amelia Island, Florida. Check out the full agenda here, or take a look at the latest headlines, which identify some of the conference highlights:

Click here to register for the conference. We look forward to seeing you there.

I tried to be a good boss over the years I ran my law firm. Some of my lawyers might tell you that I succeeded; others might be less charitable in describing my managerial skills. But I always made an effort to have my employees feel valued and respected. I gave them autonomy in their work, and I let them push back if they disagreed with the course of action I had chosen. When there was a problem with someone’s work or attitude, I dealt with it discreetly and sensitively; I never called anyone out in front of a coworker. And when someone had a good day, I made a big deal of it and made sure that everyone else knew about it.

I made sure that we celebrated every employee’s birthday, and we always recognized big events in people’s personal lives. And for a while, I gave a shout out to people for celebrating an anniversary with the firm.

Until one day, when I suggested going out to lunch to celebrate a junior associate’s second anniversary.

And she started crying.…

double red triangle arrows Continue reading “Small Firms, Big Lawyers: Thinking of Quitting? Read This First”

As far as we know, the hiring freeze at the U.S. Department of Justice is still on. This shouldn’t come as a shock, given all the recent political logjam concerning the debt ceiling and the federal budget.

When it comes to job opportunities at the Justice Department, there’s good news and bad news. The good news is that the DOJ Honors Program is still hiring — and is now accepting applications.

So consider this your friendly reminder from Above the Law, like the ones we’ve done in years past: if you want to apply to the Honors Program, accurately described as “the largest and most prestigious federal entry-level attorney hiring program of its kind,” then you need to get your materials in by SEPTEMBER 6, 2011. For complete application information and the full hiring timeline, see the DOJ website.

Now, the bad news (because there’s always bad news). It seems that the Honors Program might be extra-small this time around….

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Over the weekend, a quaint little festival took place up in Hebron, Maine: the Redneck Olympics. Don’t ask me why this event happened in Maine. I didn’t think that rednecks were allowed to cross the Mason-Dixon line. The event featured typical redneck fare, including a greased watermelon haul, a wife-carrying race, toilet seat horseshoes, and bobbing for pig’s feet. Needless to say, it was a hit.

So naturally, when I heard that a lawsuit was brewing over Maine’s summer games, I wondered what could have happened. Was someone injured during a Dukes of Hazard-style car jump competition? Did someone get whiplash after one too many bucks on the mechanical bull? Was there an abundance of alcohol poisoning after the PBR case race?

But none of these things happened. No arrests were made, and the lone injury was a bee sting. So why is the organizer of the Redneck Olympics facing a lawsuit? Let the games begin, y’all….

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With the news of 100 percent offer rates trickling in slowly but surely from many Biglaw firms, we thought that students from top-tier law schools were looking good in terms of their job prospects. Sure, summer classes were smaller this year — but offer rates at or near 100 percent are still nothing to scoff at.

Recall the dark days of summer 2009, when no-offers and cold offers were doled out in abundance. When it comes to the legal job market, maybe it does get better (as long as we don’t sink into a double-dip recession).

Could the legal economy be returning to normal? Could the dark days of indentured servitude for recent law school graduates be coming to an end?

Not so fast….

double red triangle arrows Continue reading “Top-Tier Law School Blind Item: An Associate Position, At No Cost to You!”


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Corporations of all sizes, both public and private, generate messages and data at ever-increasing rates, while expectations for retention and compliance grow as well. Legal staffs expect IT to quickly produce specific files or documents and place them on legal hold when legal or regulatory search requests arise. This presents problems for IT managers, who need to properly back up and preserve documents but also hold the line on costs.

Dell and Symantec offer a complete archiving solution that bridges the gap between business, legal and IT requirements. They do it by adding intelligence to the way organizations store, manage and discover unstructured information from sources such as e-mail systems, file server environments, instant messaging platforms, social media communications and Microsoft SharePoint®.

The Dell™ DX Object Storage Platform, coupled with Symantec Enterprise Vault, addresses storage cost and resource issues by providing an automated solution that centralizes content archiving and search capabilities into one integrated, scalable offering.

Dell and Symanec are proud sponsors of the Legal Technology Leadership Summit 2011, Sept. 6-8 in Amelia Island.

“The Legal Technology Leadership Summit brings together some of the best minds in e-discovery and some of the best names in technology,” says Sean Regan, Director of Product Marketing for Symantec Information Management. “I’m excited to have Dell, Symantec and Clearwell working together at this venue to advance e-Discovery. “

To learn more about Delll and Symantec, visit their website, or check out this helpful video.

Ed. note This is a special report on the London riots by Alex Aldridge, our U.K. correspondent. He previously covered the royal wedding for Above the Law.

When the London riots began on Saturday, few were overly troubled. The violence was, after all, in Tottenham, a poor neighbourhood up on the north edge of town which most middle-class people avoid.

But when it spread over the last couple of days to partially gentrified areas like Brixton and Hackney, we began to take notice. These places are our Lower East Sides and Williamsburgs, populated by young professionals who spend their weeks in Biglaw and other similar jobs, and weekends flouncing around in hipster uniform.

As you’d expect, the relationship between the young professionals and the Brixton/Hackney natives has never been great. But amid the current craziness — which has partly been generated by Britain’s awful record on social mobility — there’s been genuine fear that years of pent up anger could turn into blood-letting.

So it must have been with mixed feelings that Freshfields lawyers greeted the firm’s edict yesterday to leave work (and the relative safety of London’s financial district) early and go back to their riot-enveloped homes….

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Morning Docket: 08.10.11

* With a $10 million donation, it looks like UCLA School of Law can afford to stop playing it fast and loose with its employment statistics. [New York Times]

* In light of Facebook’s “smoking gun” evidence of fraud, Paul Ceglia didn’t skip town. He skipped the entire country. [Los Angeles Times]

* You can be a runaway bride, but it’ll cost you a pretty ringgit when you get sued. That, and your 1,200 guests will be pissed. [Daily Mail]

* Would you allegedly kidnap for Shaq over a non-existent sex tape? He must be leading a good life if he can’t even keep track of his video exploits. [New York Daily News]

* People are saying that Felicia Pearson’s heroin distribution charges are a case of life imitating art. Do you know her background? This is more like life imitating life. [Yahoo! News]

Stephen Mark McDaniel

In prior coverage of Stephen Mark McDaniel, the Mercer Law School graduate accused of murdering his former neighbor and classmate, Lauren Giddings, we alluded to several emails that Stephen McDaniel sent to some of his classmates. Some students found the emails, which reflected McDaniel’s conservative political views, to be strange or disturbing.

Thanks to the kindness of several tipsters, we now have copies of some of the emails sent around Mercer Law by Stephen M. McDaniel. We will now share them with you, so you can judge for yourself whether there is anything in this correspondence that is troubling or problematic….

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Sheryl Sandberg

* Shocker: tenured law professors are well-paid (check out their median salaries), and they enjoy high job satisfaction. [TaxProf Blog]

* Congratulations to David Boies and Ted Olson on winning the American Bar Association Medal, for their remarkable work on Perry v. Schwarzenegger (aka the Prop 8 case). [American Foundation for Equal Rights]

* In other LGBT news, lawyer turned pundit Ann Coulter makes nice with the gays, claiming her crown as the “Queen of Fabulous.” [Poliglot / Metro Weekly]

* Meanwhile, the Queen of Facebook, Sheryl Sandberg, gets profiled by the New Yorker. Here is Professor Christine Hurt’s take. [The Conglomerate]

* In the law firm world, beauty contests pit one law firm against another. In the strip-club world, beauty contests pit one vajayjay against another. [Fashionista]

Harry Wellington

* If you leave your bag of meth at the tanning salon, don’t go back for it. [Legal Blog Watch]

* The London riots show how technology and social media can be used to commit or to combat criminal activity. [Associate's Mind]

* Obama is taking his time on judicial nominations but at least he’s promoting diversity, reports John Schwartz. [New York Times]

* The ideas that Zach Shemtob and I discussed in our NYT op-ed are explored in greater detail in this (mercifully short) piece for the Tennessee Law Review. [SSRN]

* Harry Wellington, former dean of Yale Law School and New York Law School, RIP. [Yale Law School]

Now that the summer is almost over, the Career Center will be switching gears and posting tips and advice on the most magical time of the year for law students — On-Campus Interviews (OCI). In the next few weeks, law firms will be dropping down the chimneys of law schools across the country, giving summer clerkship offers to good little boys and girls. Obviously, you need the grades and class rank to be initially placed on the “Good List,” but to remain on that list once firms are “checking it twice,” it is important to be prepared when firms are “gonna find out who is naughty or nice.”

Now enough with the Christmas puns and on to the first OCI Tips post, brought to you by Lateral Link’s Frank Kimball, legal recruiter and former Biglaw hiring partner….

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When I was a little girl, I wanted to be a princess, an actress, and a firewoman. For most, growing up means losing the “and” (and the dreams of doing something so far-fetched, by which I mean me becoming a firewoman). Indeed, for many of my lawyer friends, particularly those in Biglaw, you become “a lawyer,” no “and.” Billing hours overtakes your life. If you are lucky, you become a lawyer AND someone who sleeps occasionally (on a huge pile of money).

I recently met a small-firm lawyer who embraced the “and.” Whether it is unique to the small firms where she has practiced or is true of many small-firm lawyers, Cheryl “Cheri” Richards reminded me of something I had forgotten about lawyers: they can be interesting and multidimensional….

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