Most everyone is talking about how the NCAA got crushed in the antitrust case headlined by former UCLA star Ed O’Bannon. Some have compared it to a top ranked team getting upset by a scrappy mid-major because sports analogies are obligatory when talking about sports cases. That analogy is not really apt. It’s more like the NCAA was a top ranked team that narrowly eked out that win. The mid-major team is rightfully pleased with its effort and the top team can breathe a sigh of relief.
But hanging ominously over the field is that the top team done got EXPOSED. And every team remaining on the schedule is psyched.
Judge Claudia Wilken’s 99-page opinion reads like a body blow to the NCAA — and then her order is a light knee scrape. But everyone else gunning for the NCAA has a lot to quote here….
* As I noted yesterday over at Redline, the defense in the NCAA trial is putting up some terrible witnesses. Here’s another example. The NCAA’s expert wrote a textbook. The NCAA might have wanted to check it out before bringing him on to help defend themselves IN AN ANTITRUST CASE. [Twitter / Stewart Mandel]
* Hong Kong lawyers protesting what they see as China meddling. Honestly can you blame China? Ever since Hong Kong let Batman just swoop in and grab that guy, you can’t really trust the Hong Kong legal system. [Reuters]
Five years ago yesterday, Eastman Kodak took our Kodachrome away. On June 22, 2009, the company announced that, after seventy-four years of production, it would no longer make Kodachrome, the world’s first successful color film. This week, On Remand looks back at the camera film that gave us those nice bright colors and greens of summers, Kodak’s antitrust battles, a sordid suit involving Penthouse magazine photos, and a law student’s $100,000 case over two missing rolls of film.
After Kodachrome’s release in 1935, photographers quickly adopted it. No previous film had portrayed color as realistically as Kodachrome. As the film choice of professional and amateur photographers alike, Kodachrome captured key moments in vivid color: the Hindenburg explosion in 1936, Tenzing Norgay at the top of Everest in 1953, President Kennedy’s assassination in 1963, Don Draper’s wedding day. But by 2009, even Steve McCurry, the photographer chosen by Kodak to receive the last roll of Kodachrome film, had switched to digital. When McCurry — who captured the famous “Afghan Girl” photo for National Geographic magazine using Kodachrome film — finished the last roll, he hand-delivered it to the only place in the U.S. that could develop it: Dwayne’s Photo in Parsons, Kansas….
There are a great many things in this world that are complicated. Fixing a car, for instance, will always involve a great deal of black magic and skills that can only be found in a vanishingly small elect of horrifyingly hirsute types. The hairier the mechanic the better, my mom never said.
Quantum mechanics, french pastry, the resurgent popularity of men’s tank tops. These things are complicated and hell if I can explain any one of them to you. Ours not to reason why; ours to buy a nice little house in Westchester, sock away a little for retirement, eat more roughage.
Compared to these things, law is piece of cake. Which is why coverage of Ed O’Bannon’s lawsuit against the NCAA is a bit confused. Rather than tackling the key question, whether the NCAA is ten pounds of crap in a five pound bag, commentators are wading into the murkiest depths of antitrust law. This is wrongheaded.
And let’s not forget: the work can be very, very interesting. For example, imagine being the general counsel or another in-house lawyer at Apple — a company involved in two of the most high-profile litigation battles currently raging….
On Tuesday, the D.C. Circuit benchslapped a gaggle of lawyers for filing briefs with excessive acronyms. The court’s per curiam order directed the parties to “submit briefs that eliminate uncommon acronyms used in their previously filed final briefs.”
Alas, attempts to comply with this order have raised a new problem — a problem that some readers saw a mile away….
* Demand is down, but fees are up. The good news is that Am Law Second Hundred firms saw gains in billable hours purchased by corporate clients — and that’s about it for the good news. [Am Law Daily]
* OMG, Dewey want to see the unsealed case records against D&L’s ex-leaders. DA Cy Vance wants our prying eyes to see all but one document. Secret seven identities… incoming! [Bloomberg]
* It looks like that time Sheryl Sandberg refused to lean in is really paying off in court. Facebook is a witness, not a defendant, in an antitrust case about non-poaching agreements between tech giants. [Reuters]
* Gaming the rankings for dummies? Law school deans are now pushing the ABA to require that law schools post their transfer students’ LSAT and GPA credentials. [Capital Business / Washington Post]
* The easy way to decide whether you should be working in law school is to determine what you like more: money or grades. One will help you get the other later in life. [Law Admissions Lowdown / U.S. News]
Comcast has confirmed reports that the company will be acquiring Time Warner Cable in a deal estimated to be worth around $45 billion. With the ink on their NBC acquisition only just dry to the touch, the deal will tack 8 million broadband subscribers onto the company’s existing 22 million broadband customers. Comcast is already the nation’s largest fixed-line broadband company, largest cable TV provider, and third largest fixed-line phone company — and that’s before you include the company’s NBC or other assets. From a geographical perspective the deal makes sense; Time Warner Cable filling in Comcast’s coverage gaps and in particular giving Comcast the prized markets of Los Angeles and New York City, where Time Warner Cable has traditionally under-performed.
The problem is less of market share (the two companies didn’t compete directly) but one of consolidated power…
“Lane Dean, Jr., with his green rubber pinkie finger, sat at his Tingle table in his chalk’s row in the rotes group’s wiggle room and did two more returns, then another one, then flexed his buttocks and held to a count of ten and imagined a warm pretty beach with mellow surf, as instructed in orientation the previous month.”– David Foster Wallace
“The thing that makes ‘Dirty Jobs’ different is that it’s one of the few shows that portrays work in a way that doesn’t highlight the drudgery. Instead, it highlights the humor.”– Mike Rowe
Yesterday was like any other. I stared at my computer screen and tried to appear as if I were doing work. I went to the bathroom three times even though there was no there there. At one point, I was asked to wear a name tag. If there is any humor at all in what I do, it is of a type so dark and weird, it could only be appreciated in Germany. I graduated from a pretty good, very expensive law school and I was asked to wear a name tag yesterday. Yesterday was like any other.
I don’t know why the hell I whine like this. Like Cherry Valance said, it’s rough all over. And besides, everyone else is trying to get through their day, name tag or no. There was an old lady with five plastic bags next to her on the train yesterday morning. Each bag was filled with more plastic bags. And on and on. You want to know sadness, check out this old lady’s Matryoshka bags that keep her company throughout the day.
But you want to know who really has it bad? Minor league baseball players and Bengals cheerleaders.
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
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