Asians

DiDonato v. Ung: The Temple Law Shooter Gets Hit — With a Civil Suit

By David Lat

Gerald Ung (left) and Edward DiDonato Jr. (right)

This shouldn’t come as a shock; we predicted it last February, when the criminal case ended in acquittal. But Eddie DiDonato Jr., a former lacrosse star at Villanova and the son of a prominent partner at the Fox Rothschild law firm, has filed a civil lawsuit against Gerald Ung, the Temple Law School student who shot DiDonato in January 2010 in the Old City section of Philadelphia.

Gerald Ung isn’t the only defendant. DiDonato is suing a half dozen other parties, relying on various theories of liability. Let’s think of this as a Torts final exam: Who else might DiDonato be suing besides Ung? What causes of action can you see?

Let’s take a closer look at the lawsuit, filed on behalf of DiDonato by one of Pennsylvania’s leading personal injury lawyers….

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Who’s the 40-Year-Old Asian Actress Suing the Internet Movie Database for Revealing Her Age?

By Juggalo Law

When I was a kid, my father leaned across the dinner table and whispered to me, “Never ask a woman’s age or weight.” He then stole a glance at my mother, who was busy shoveling mashed potatoes into her maw, and sighed. I could never tell whether my dad was trying to offer the wisdom of the ages or making a statement about the tyranny of manners, the clichés they birth, and the way in which politeness can imprison a good man in a loveless relationship that inevitably leads to you watching your 400-pound wife shovel potatoes back like she was auditioning for The Biggest Loser.

And so it was that the Internet Movie Database, aka IMDb, found itself under attack for revealing an actress’s age and “real Asian name.” Kash detailed the charges last October. A few weeks ago, we noted that the woman would have to put up (her name) or shut up (legally speaking).

Well, I don’t want to waste any more of your precious time. The grand reveal is finally here.

After the jump, pictures of an attractive Asian woman….

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Moonlighting: Specialty Bars, Attractiveness May Vary

By Susan Moon

Specialty bar associations can be great opportunities for in-house lawyers to grow their network and develop their careers. Unlike some mega bar associations, they tend to feel more intimate and collegial, even if their membership numbers are pretty large, because the members share a common interest.

A couple of weeks ago, I attended the NAPABA (National Asian Pacific American Bar Association) convention in Atlanta. This organization represents the interests of over 40,000 attorneys and about 65 local bar associations. And let me tell you, they had a lot going on at their annual gathering. And I don’t just mean the after-hours partying….

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Non-Sequiturs: 11.22.11

By David Lat

Can a Westlaw or Lexis print-out hide your booze stash? I didn't think so.

* Are Asian American lawyers too nerdy to climb the Biglaw or corporate ladder — or is this just an outdated stereotype? [The Careerist]

* Does having your law school sob story featured on national television count as “employed upon graduation”? (Or, more seriously, here’s an opportunity for an unemployed law school grad.) [Inside the Law School Scam]

* A Notre Dame law professor, Mark McKenna, offers some courageous and deeply personal commentary on the Penn State scandal. [Slate]

* How will SCOTUS vote on Obamacare? Two political science professors, Michael Bailey and Forrest Maltzman, offer predictions. [The Monkey Cage via How Appealing]

Ted Frank

* Congratulations to Ted Frank and CCAF on a big win in the Ninth Circuit. [Center for Class Action Fairness]

* Following in the footsteps of its former employee, Gregory Berry, Kasowitz Benson seeks to conquer Silicon Valley. [Am Law Daily]

* In the age of Lexis and Westlaw, hardbound law books still serve a valuable purpose. [Kickstarter]

* It’s a briefcase branded with your favorite team insignia. But real subtle-like, so other people won’t immediately know you are an alpha jock fan boy. But you will. You’ll always know. [The Fandom Review]

Quote of the Day: Paging Amy Chua

By Staci Zaretsky

Peter Huang

She told me that I had not only embarrassed myself, but also her, my entire immediate family, all Chinese people, all Asian people, all humans, and in fact all carbon-based life forms.

– Asian-American law professor Peter Huang of the University of Colorado, opining on the wrath of his tiger mother in an essay entitled “Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Parenting and Legal Education.”

Closing the Loop on the Case of Bro Versus Thailand

By Elie Mystal

Not good times.

Earlier this week, we told you about the Northwestern Law student who made a joke about Thailand on the Northwestern listserv. The joke was in poor taste, especially given that it was in response to a solicitation for charitable donations after a deadly flood in Thailand.

I thought the penalty would be a chorus of “too soon” every time somebody saw him on campus. But the Northwestern Dean tells us that the kid is being punished….

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Northwestern Law ‘Bro’ Offends Most Of Law School, All Of Thailand

By Elie Mystal

We’ve gotten a lot of mileage out of the “PC Police” at Northwestern Law School. The school seems to have a number of students who are easily offended. Some of the kids there overreact at the slightest provocation.

Do you want to see how they react when something actually offensive happens?

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Actress To IMDb: ‘I’m Too Old For This Sh*%’

By Kashmir Hill

It’s said that it’s rude to ask a woman her age. In fact, it’s only rude to ask women 30 and over about their digits. It’s far worse, however, to ask a woman with decades under her belt for her age and then to publish it for the world to see. An actress in Texas says it wasn’t just rude but financially costly for her when the movie database IMDB publicized her nearly over-the-hill age in 2008. Cue, Robert Murtaugh.

The Hollywood Reporter has a copy of the actress’s complaint against Amazon.com, which owns the Internet Movie Database, in which she alleges that everyone’s favorite website for figuring out who-that-guy-in-that-one-movie-was-and-what-was-that-other-movie-he-was-in-with-that-girl screwed her over after she signed up for a Pro IMDb account. After entering credit card information and personal details, including her birthdate, to start the account, her age all of a sudden appeared on her public profile page, “revealing to the public that Plaintiff is many years older than she looks,” according to her humble complaint.

Age isn’t just a number, says her counsel, “Internet lawyer” John Dozier, but a $1,075,000 number…

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Morning Docket: 10.18.11

By Staci Zaretsky

Would you like some doc review with that?

* How can you pick a side when it comes to fairness and the law? Can you straddle the fence? Don’t ask Justice Alito, because he’s still not really sure what the answers are. [New York Times]

* Paul Ceglia is finding out the hard way that court orders aren’t like annoying Facebook friend requests. You can’t just tell your lawyers to ignore them and hope they’ll go away. [Bloomberg]

* From occupying Wall Street to occupying the courts? 99% lawyers are threatening to clog up the courts if their demands aren’t met. At least they’d have a toilet to do it in. [New York Daily News]

* “If your choice is between going to Liberty Law or working a deep-fat fryer, you might as well go to Liberty, right?” Lat, I think we really need to have a chat. [Commercial Appeal]

* If I had a dollar for every dude who had an Asian adventure involving a Thai ladyboy, I’d be rich, but it doesn’t mean that The Hangover II was based on their exploits. [Hollywood Reporter]

Quote of the Day: Just Watch Out for ‘Empathy’

By David Lat

One of the interesting concepts in Professor Rosenbaum’s book (affiliate link) is that the law lacks a soul. The law lacks tenderness. The law is objective and cold and inhumane. The law abhors emotion. I don’t think that’s true.

Every time I sentence a defendant, there is a lot of emotion. I think there is a lot of humanity in the law.

– Judge Denny Chin (2d Cir.), quoted in an interesting New York Times article focused on his sentencing practices (back when he was an S.D.N.Y. judge).

Congratulations to Justice Goodwin Liu!

By David Lat

Say hello to Justice Liu.

Congratulations to Goodwin Liu — until today Professor Liu, but after today, Justice Liu.

In July, California Governor Jerry Brown nominated the 40-year-old Liu, a law professor at Boalt Hall, to serve on the California Supreme Court. The nomination was subject to the approval of a three-member state commission.

What did the commission have to say about the Liu nomination?

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Non-Sequiturs: 08.18.11

By Elie Mystal & Staci Zaretsky

Why your 3,500 sq ft wife shouldn't be driving a Lexis.

* Maybe we need law school law firms in the first place because law school professors — the ones who drill law into our heads for 3 years — are “incapable of practicing law.” [Adjunct Law Prof Blog]

* “Boss, I’m stuck in traffic. No, I’m literally stuck.” Driving your car into wet concrete is a pretty great way to perpetuate the stereotype that women can’t drive. Thanks for that. [Daily Mail]

* Star Wars Old Republic ships in November, so clients better get used to the old, “I’m too busy playing video games to attend to your matter” automated message. [Legal Profession Blog]

* If you’re Asian American and you want to be a lawyer, according to Lat it would be a good idea to have some social skills (not just study skills). [Northwest Asian Weekly]

* If you’re still thinking of taking the LSAT in October, get a leg up on the competition by getting inside the mind of one of the nerds who helped write questions for the test. [LSAT Blog]

* Proofreading is probably something that we here at Above the Law could stand to actually do every once in a while. [What About Clients?]

* Apparently, Tom Coburn forgot about the “tremendous advantage” he received from rich daddy Coburn of the “O.W. Coburn School of Law” Coburns. [Gawker]

* Alabama, I think you might be doing it wrong. Men aren’t supposed to get hosed at abortion clinics. [Constitutional Daily]

Youngblood v. Irell & Manella: The Law Firm Fights Back
Firm denies claims and moves for arbitration.

By David Lat

Juliette Youngblood and Morgan Chu

Last month, Juliette Youngblood, an ex-partner at the elite California law firm of Irell & Manella, filed suit against her former firm. In her lawsuit for sex discrimination and wrongful termination, Youngblood advanced a whole host of salacious allegations — including a report of sexual harassment by Morgan Chu, arguably the nation’s #1 intellectual-property litigator.

Irell did not respond to the lawsuit at the time. Now it has, in a blistering 22-page filing that calls Youngblood’s claims “meritless” and “utterly false, complete fabrications manufactured out of whole cloth.”

What does the firm have to say about the specific claims made by Youngblood — such as the allegation that a drunken Morgan Chu made inappropriate and offensive comments to her at a firm happy hour, including remarks about her physical appearance and about “objects entering [Youngblood's] body”?

And what do ATL sources, including readers familiar with both Youngblood and Irell, think of the situation?

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Firm denies claims and moves for arbitration.“

Lawyer of the Day: A Renaissance Man Who Might Like Naked Sword Fights

By Staci Zaretsky

En garde, esquire!

Ladies, admit it. Sometimes you dream of going back in time to the days where damsels in distress were rescued by swashbuckling romantics on noble steeds. But in today’s day and age, there seems to be a shortage of heroic knights. And that’s mostly because the crop of men with swords handy leave certain things to be desired — things like good looks, social skills, and the ability to refrain from speaking in Elvish.

But when we heard about Terry Lee Locy, a Florida lawyer educated at the University of Miami School of Law, we thought that maybe this self-described “popular young gentleman known for his quick wit and his athletic physique” could assist his sword-wielding brethren. After all, the last guy we wrote about who was into medieval attire and sharp objects has been accused of murder.

But alas, Terry Locy will be unable to act as the great redeemer for this generation’s battalion of renaissance men. Facing counts of aggravated assault with a deadly weapon and domestic violence battery, he could be sent to his kingdom’s dungeon for up to five years.

Why? Because he’s accused of challenging his girlfriend to a naked duel….

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Aspiring Yale Transfer Student Explains and Defends Her Blog

By David Lat

Tammy Hsu

This afternoon we wrote about a blog entitled Confessions of an (Aspiring) Yalie. In this blog, Tammy Hsu, a 1L at Wake Forest University School of Law, chronicles her journey through the first year of law school — a journey she hopes will culminate with a successful transfer application to Yale Law School.

As we noted, Tammy Hsu’s blog is now restricted to invited readers. Some posts are still accessible via Google Cache (and in the comments to our original story, some of you identified favorite posts of yours).

Shortly after we wrote about her, we heard from Tammy C. Hsu. She sent us a defense and explanation of her blog’s origins, which we will now share….

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Confessions of an Aspiring Yale Transfer Student

By David Lat

Tammy Hsu, aspiring Yalie.

We begin with a message to our readers. Consider yourselves on notice: we regard almost anything you place on the internet, even if just for a brief hot second, to be fair game for coverage. It doesn’t matter to us if you later try to “recall” your mass email or delete your public blog. Once you’ve put something out there, thereby forfeiting any reasonable expectation of privacy, then it’s gone, baby, gone. [FN1]

And honestly, in the internet age, what privacy expectations are reasonable in the first place? Emails can be forwarded; images can be downloaded or photographed themselves, then re-posted. If it’s not already dead, privacy is rapidly dying. You might as well start living in public now, and make life easier for yourself. Just let it all hang out, and then you’ll never be embarrassed about anything getting leaked. (This is my philosophy on Twitter, where my feed is often TMI.)

Living in public: that’s the premise behind a charming new law student blog by a 1L with ambition. Like a fair number of bloggers — Brian Stelter and his Twitter diet come to mind — law student Tammy Hsu seeks to harness public exposure for her own benefit. Hsu, a first-year student at Wake Forest University School of Law, writes a blog built around her goal of transferring into Yale Law School. It’s right there in the title of her site: “Confessions of an (Aspiring) Yalie.”

By putting her ambition out in the open, Hsu is motivating herself to succeed, because failure would be so public. She is lighting the proverbial fire under her own arse, turning her classmates and the internet into one big Tiger Mother. If she’s not at 127 Wall Street this time next year, people will look down upon her — so now she has every incentive to excel in her 1L year at Wake Forest.

Sounds like a great idea, right?

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A Conservative’s Worst Nightmare: Justice Goodwin Liu?

By David Lat

We recently imagined a scenario in which Professor Goodwin Liu, the controversial Boalt Hall law prof whose Ninth Circuit nomination was successfully filibustered, became Justice Goodwin Liu. It now looks like this might happen earlier than we had expected.

But he would be a justice on a non-SCOTUS court (for now). California Governor Jerry Brown just nominated Professor Liu, 40, to serve on the California Supreme Court.

How might Goodwin Liu’s nomination be received by the people of California? He’s smart, he’s liberal — er, progressive — but there’s one potential rub….

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Lawsuit of the Day: Youngblood v. Irell & Manella
Former partner alleges sexual harassment by Morgan Chu.

By David Lat

Morgan Chu

Legendary litigator Morgan Chu, former managing partner and current litigation chair at Irell & Manella, is one of the nation’s top intellectual-property attorneys and trial lawyers. He has tried multiple IP cases to nine-figure jury verdicts, and he has earned every professional accolade under the sun (see his Irell website bio). He is arguably the nation’s #1 IP litigator. (If you disagree, make your case for someone else in the comments.)

And now Morgan Chu is the subject of sexual-harassment allegations. In a lawsuit filed in California Superior Court on Friday, former Irell partner Juliette Youngblood alleges that Chu sexually harassed her, then retaliated against her after she rejected his advances.

Morgan Chu is widely admired — at Irell, where his rainmaking monsoon-making helps generate robust partner profits (over $2.9 million in PPP in 2010), as well as above-market associate bonuses; in IP litigation circles, where he is a fearsome adversary; and among Asian-American lawyers, where he stands as proof that we can excel at litigation as well as transactional work.

It’s hard to believe that such a beloved figure has been hit with such salacious allegations (which we must emphasize are mere allegations at this point, nothing more). But let’s forge ahead and check them out — along with the pertly pretty plaintiff who is making them….

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Former partner alleges sexual harassment by Morgan Chu.“

Celebrity Summer Associate: An International Pop Music Star

By David Lat

When a law student is described as a “rock star,” this usually means she has a high-ranking position on law review and is going to clerk for the D.C. Circuit. The closest most lawyers get to rock stardom is playing Rock Band (a favorite pastime of Elie and Kash; I can’t quite get the hang of it).

Well, what if we told you that a real international pop star is in law school now? And that she’s currently summering at a well-regarded boutique law firm in Chicago?

Meet the latest profile subject in our series on celebrity summer associates. We’ve previously written about a star athlete, a noted actor, and the child of a Supreme Court justice.

Now let’s meet a pop-star princess, shall we?

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Celebrity Summer Associate: An Ex-Colleague of Lindsay Lohan

By David Lat

Earlier this month, we asked you: Who are this year’s celebrity summer associates? In recent years, major law firms have hosted famous figures as summer associates, including a successful author and reality TV hottie.

This summer, sadly, the celebrity wattage seems to be considerably lower. Biglaw is less big than it was a few years ago, and landing a summer associate gig isn’t easy, even for the famous. But we still have a few names to pass along (and welcome additional submissions, by email).

This morning Elie referenced one of my favorite films: Mean Girls, starring the talented but now tormented Lindsay Lohan. This reminded me of one of our celebrity summers, who has had the pleasure of acting alongside LiLo. Unlike his famous co-star, however, he is now studying the law rather than breaking it.

Who is he, where is he a law student, and where is he working this summer? Let’s find out….

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