Advertising

The makers of supposed cold-buster Airborne settled a class action lawsuit over false advertising claims today. When the herbal supplement first debuted ten years ago, the packaging proclaimed that it could “ward off colds.” Since then, the company has softened its claim, but the only study to support Airborne’s efficacy was conducted by two people and paid for by the company. No wonder it has agreed to pay back $23.3 million.

If you’ve bought Airborne recently and you saved your receipt, they’ll reimburse you the $6.99 (Walgreen’s price). Hey, it may be worth it to some people.

UPDATE: Good news! Our diligent commenters pointed out that as long as you have proof of purchase of one box of Airborne, you can get a refund for up to six additional boxes. That raises the stakes to roughly $48.93, which may be worth it to this law student.

Airborne Settles Suit over False Claims [NPR]
Airborne Settlement Website

From a student at Duke Law School:

I had to laugh out loud at Kramer Levin’s use of the daylight savings time maxim, “spring ahead/spring forward,” to suggest that we could do the same for our careers by coming to their firm. See the flyer below, which they seem to have sent to the entire 1L class.

Actually, we think it’s kinda cute! Check out those otherworldly tulips:
Kramer Levin Naftalis Frankel spring ahead daylight savings time Above the Law blog.jpg
And it’s a helpful reminder for overworked law firm associates. If you have a conference call scheduled for, say, this Sunday morning at 10, you don’t want to miss it.

bodybuilder weightlifter bodybuilding weightlifting Above the Law blog.jpgAn excerpt from an ad in the “legal jobs” section of the Denver craigslist:

The ideal candidate would be admitted to practice Colorado State Bar, and have at least 4 to 7 years experience. Experienced professional demeanor in client contact both in person and on the telephone is a must. Ability to work and adapt in a fast-paced environment is crucial. The candidate should have a very high level of proficiency with MS Word, Outlook, and Excel. Experience with TABS billing software is a plus. Must be able to lift up to 25 lbs. Compensation is commensurate with experience.

Are we witnessing the start of a trend, as the market for legal talent shifts from a sellers’ market to a buyers’ market? This isn’t the first law firm advertisement we’ve seen requiring the ability to engage in heavy lifting (quite literally). See also this ad (applicants must have the ability to “carry[] loads of up to 35 pounds”).
Associate for Litigation Group [Denver craigslist]
Earlier: Definitely Not the Job of the Week

Akhil Amar Professor Akhil Reed Amar Above the Law blog.jpg[Ed. note: As we recently mentioned, we're looking for someone to write Morning Docket, on an alternating-week schedule. To those of you who have already applied, thanks for your interest; we'll review the applications and pick a writer this weekend. If you'd like to apply, there's still time -- just follow the application instructions contained in this post (but please note that the gig now comes with pay -- a modest monthly stipend). Thanks.]
* It seems to get worse by the day. The CIA apparently destroyed interrogation tapes while a federal judge was still looking for information about the interrogation of Abu Zubaydah. [New York Times]
* So what exactly are the federal government’s policies on border searches? Two groups sue to find out. [Washington Post]
* We like funny legal ads. But state regulators are not amused. [Wall Street Journal via How Appealing]
* Kibbles ‘n bits ‘n indictments. Two Chinese companies and an American importer are indicted in connection with tainted pet food. [New York Times]
* Professor Akhil Amar (our former con law prof; pictured) will be nominated to the U.S. Supreme Court in the administration of… Mike Gravel! Amar: “I’m not quitting my day job.” [Yale Daily News via How Appealing]
* The latest legal woes of Dickie Scruggs and friends. [WSJ Law Blog]

Last year we wrote about Peter “P’Ta Mon” John, whom we named an ATL Lawyer of the Day. In an innovative advertisement, Peter John dubbed himself “The Thugs Lawyer,” with the following motto: “No Evidence — No Conviction!”
Now, a quick update. The latest edition of the Baton Rouge phone book contains Mr. John’s newest ad (see below). He no longer calls himself “The Thugs Lawyer,” but he still uses the “no evidence — no conviction” slogan. And he’s offering an “Expungement Special,” for just $500! (Plus filing fees.)
Peter John P'Ta Mon Peter P'Ta Mon John Trial Lawyer Above the Law blog.jpg
P.S. We don’t know about how state systems deal with this issue. But in the federal system, in most circuits, expungement is a tough row to hoe. We worked on one such case in the Third Circuit: United States v. Rowlands (PDF; via Third Circuit Blog).
No jurisdiction to expunge criminal records in absence of challenge to underlying conviction [Third Circuit Blog]
Earlier: Lawyer of the Day: Peter ‘P’Ta Mon’ John

If you’re not already a member of Lateral Link, you can sign up through their website. Membership, which is free and confidential, allows you to learn about new legal opportunities as they become available. Successfully placed candidates will receive a $10,000 placement bonus.
Position Type / Location: Law Firm – Tax Associate (Washington, DC)
Position Description: The Washington D.C. office is seeking a mid-level tax associate to work on project finance transactions. This magic circle law firm makes The American Lawyer’s AmLaw 100 rankings. The firm’s practice areas include corporate, bankruptcy and restructuring, intellectual property, litigation, project finance, reinsurance and insurance, and tax. The successful candidate must have at least 3-6 years experience in partnerships, foreign tax planning, leveraged leasing, subchapter C and tax-exempt financing.
For more information, see job #7697 on Lateral Link.
Earlier: Prior Job of the Week listings (scroll down)

Life's Short Get A Divorce billboard Fetman Garland Above the Law blog.jpg

As you know, here at ATL we have a weakness for lawyers who pose in the nude. So today’s pick for Lawyer of the Day should surprise no one. From Legal Blog Watch:

Remember the racy billboard ads posted by Chicago law firm Fetman, Garland & Associates that raised so much controversy last spring? The ads featured two photographs, centered on the chest of a scantily clad man and woman with the slug line, “Life’s Short. Get A Divorce.”

Now, one of the firm’s principals, Corri Fetman, has revealed something else about her firm’s revealing ads. In this press release issued today, we learn that “the sexy female in the ads is none other than Corri herself.” Fetman first shared “the naked truth” about the ads in the February 2008 issue of Playboy, which includes another law firm ad, a “provocative nude pictorial of Corri” and a new online column by Fetman, entitled Lawyer of Love.

Carolyn Elefant disapproves:

[I thought] that Fetman’s billboard ad was an effective form of advertising, because it made a point clearly, provoked an emotional response and generated buzz. But the nude spread in Playboy goes too far. As a pure marketing ploy, I’m hard pressed to figure out what kind of clients Fetman is trying to target by posing nude in Playboy.

Horny male ones? Surely men in need of matrimonial counsel are disproportionately represented among the ranks of Playboy readers.
Elefant anticipates this argument:

Even if her spread did generate some decent clients, Fetman would spend hundreds of hours culling through all kinds of calls from various perverts and weirdos contacting her for reasons other than aggressive legal representation.

Hehe. Hey Beavis. She said “aggressive legal representation.”
Lawyer With Racy Divorce Ads Exposed — Literally! [Legal Blog Watch]
‘Life’s Short, Get a Divorce’ Attorney Corri Fetman Bares All for Playboy.com [EarthTimes.org (press release)]
Corri D. Fetman bio [Fetman, Garland & Associates]

If you’re not already a member of Lateral Link, you can sign up through their website. Membership, which is free and confidential, allows you to learn about new legal opportunities as they become available. Successfully placed candidates receive a $10,000 placement bonus.
Positions: In-House Counsel – Real Estate, In-House Counsel – Corporate
Location: Newton, Massachusetts
Position Descriptions:
Corporate: Seeking a transactional attorney with four or more years of large law firm experience. Corporate, securities, finance/project finance or energy experience is a plus but not a requirement. Public company experience and SarbOx also a plus but not a requirement. The candidate must be comfortable working in a relatively unstructured environment and will be expected to handle day-to-day tasks while reporting to GC on larger issues. This person will work primarily with the GC and the finance team. The candidate must be able to work in a fast-paced environment and be able to handle multiple demands and transactions. The Company is growing quickly and it is a very dynamic workplace; the ideal candidate must be able to accommodate change relatively quickly.
Real Estate: Seeking candidate with four or more years of transactional real estate experience. The ideal candidate has experience with lenders and equity investors, can identify and resolve title issues, and can review real estate documents (including project leases, easements, crossing agreements, commercial leases). This candidate would be responsible for working with developers on land acquisitions for Company projects and would work with the GC, Assistant GC and the finance team on resolving issues and getting projects financed. The candidate must be able to work in a fast-paced environment and be able to handle multiple demands and transactions. The Company is growing quickly and it is a very dynamic workplace; therefore the ideal candidate must be able to accommodate change relatively quickly. The candidate needs to have good communication and interpersonal skills, as they will be dealing with rural landowners and employees inside the company.
Company Description: This privately held company is a leader in wind power production, with more than 40 wind farms in development across the country. Based in Newton, Massachusetts, the company is focused on wind farm development, ownership and operation. The company builds primarily in the Northeast, West and Hawaii, and is already producing nearly 100 MW of energy through three operational wind farms. The company is currently developing more than 3,500 MW of wind power projects in several markets through various subsidiary companies. The company is managed and supported by a team of more than 100 talented and dedicated individuals committed to the company’s environment.
For more information, see job # 7661 and job # 7662 on Lateral Link.
Earlier: Prior Job of the Week listings (scroll down)

Szul Jewelry web ad orgasm cunnilingus Above the Law blog.jpgWe weren’t surprised to see this case get a shout-out on I Am Lawsuit Abuse. From the AP:

A model who says she has worked hard to maintain a wholesome image has filed a $5 million lawsuit complaining that a jewelry company’s video advertisement in which she writhes and moans looks pornographic.

The commercial, seen on the Internet in a clip entitled “Rock Her World,” shows a woman wearing blue lacy lingerie and a diamond necklace while moaning and stroking her face and neck. It ends with the Web address for the jewelry company, Szul.com.

The 37-year-old woman claims in her lawsuit that she did not “consent to or authorize the use of her likeness, picture, image or name to simulate a female having an orgasm or otherwise experiencing sexual pleasure.”

Actually, we prefer the description of the New York Daily News:

The 35-second “Rock Her World” spot features the model rubbing her teal teddy and purring with pleasure to the hard-grinding sounds of a guitar as the slogan, “Jewelry works every time” pops up onscreen.

But look, no need to rely on print descriptions of the ad. One of the beauties of the internet as a medium is that, when it comes to audio or video, you can judge for yourself. So check out the clip — which, we warn you, is quasi-NSFW (at least with the sound turned on) — over at Blogonaut.
Done watching? Okay. We concur with our fellow blogger:

[W]e find it hard to believe that Jane Doe’s behavior on the ad could be taken for anything resembling the “wholesome” persona she claims was maligned. What could she have been thinking when she made the ad?

Indeed. What exactly did she think she was advertising when she consented to be filmed, clad in pastel lingerie, writhing on a bed? Anti-epilepsy drugs?
Anyway, casting directors, consider yourselves warned. If the woman from the Szul Jewelry ad shows up for your casting call, don’t even think of using her in that Herbal Essences ad.
Oh, and the “I’ll have what she’s having” scene from When Harry Met Sally? NOT FUNNY.
Update: Ted Frank has written about the case at Overlawyered. We like the title of his post, as well as this quip: “And, of course, she didn’t have to roll around on the bed in the first place.”
But he notes, in fairness, that the model-plaintiff is claiming no release (hehe). That might be a legitimate basis for a lawsuit.
Model’s suit: You used the video you took of me [Overlawyered]
NY Model Sues Jewelry Co for $5M Over R-Rated Web Ad [Blogonaut]
Model sues Szul Jewelry over Web ad [New York Daily News]
NY Lawsuit: My Commercial Looks Lewd [Associated Press]
Rock Her World [YouTube (mildly NSFW)]

If you’re not already a member of Lateral Link, you can sign up through their website. Membership, which is free and confidential, allows you to learn about new legal opportunities as they become available. Successfully placed candidates receive a $10,000 placement bonus.
Position: Executive Compensation Attorney
Location: New York
Position Description: Top firm seeks a senior executive compensation/employee benefits associate to join the firm’s quickly growing executive compensation group. The firm would consider bringing on an outstanding lateral associate and immediately making them partner.
Skills requirements: At least 6 years of executive compensation experience, and the ability to step into a senior role and work independently.
Firm Description: This Chicago-based law firm ranks Top 10 on AmLaw 100 rankings of U.S. firms by revenues and is known for consistently paying at or above market salary and bonuses.
For more information, see job #7521 on Lateral Link.
Earlier: Prior Job of the Week listings (scroll down)

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