* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg]
* Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood]
* Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal]
* And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired]
* A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland]
* The NFL has reached a $765 million settlement with the over 4,500 retired concussion victims whose injuries paved the way for the league’s success. [Sports Illustrated]
* Dennis Rodman confidante Kim Jong-un had his ex-girlfriend executed on pornography charges. Kind of puts the whole “revenge porn” thing in perspective. [The Telegraph]
* A lawsuit against Curt Schilling, based on allegations that he deceived the state into giving his company $75 million, will go forward. Like most conservative Republicans, Schilling saw no problem with taking millions in handouts from the government so long as poor people don’t get $4.50 a day for food. [Comcast SportsNet]
* Judge Mark Bennett (N.D. Iowa) ripped the Department of Justice for creating massive drug sentencing disparities because the DOJ went years without a policy for when prosecutors should double the prison time for repeat offenders. In Northern Iowa, that’s a LOT of meth heads in prison. [Des Moines Register]
* Attorneys for the Governor of Pennsylvania equate gay marriage to letting 12-year-olds marry. Just because a demographic calls everything “gay” doesn’t make them gay. [ABA Journal]
* Study shows academics use lots of adjectives and adverbs. This is really a very terrific and awesome study. [TaxProf Blog]
* REMINDER: OK NYU, Columbia, Fordham, Cardozo, and NYLS students! It’s time to send nominations to us for where you want us to go on the Great Above the Law/Kaplan Bar Review Bar Crawl. Send bar nominations to email@example.com, subject: “Bar Crawl.” See you on September 18th! [Above the Law]
To pass the time while commuting, I like to listen to podcasts. If ATL had a podcast I would add that to my listening rotation (especially if Lat is able to pull in sitting judges to guest host or as interview subjects). But this is not a column about podcasts. Though the idea for this contest came from a podcast I was listening to, the B.S. Report with Bill Simmons. The host was interviewing a former ESPN colleague, and they were discussing how certain statistics in baseball are misleading.
An example? Wins for pitchers. Apparently there is a movement to abolish that statistic. Why? Because a pitcher can pitch a terrible game, and still come away with the win, assuming his lineup bails him out. Conversely, a pitcher can pitch a beautiful game, and lose just because his hitters decide to approach their at-bats like the pudgy partner from bankruptcy at the annual intra-firm softball game. To prove the limited utility of using wins as a proxy for determining who is the best pitcher, consider the following. By nearly all accounts, Clayton Kershaw of the L.A. Dodgers is the single most dominant pitcher in baseball today. Unsurprisingly, he is reportedly in line for the richest (around $30 million a year or so) contract extension for a pitcher — ever. But he has fewer wins this season (so far) than Bartolo Colon, a 40-year-old journeyman pitcher (on his sixth team, and nearly a decade removed from his last All-Star game appearance), who is making non-equity service partner money ($3 million) by baseball standards. Wins simply do not tell the whole story.
Biglaw has its share of statistical shortcomings….
A brief tangent. I was shocked and appalled to find out that I wasn’t asked my thoughts about being no-offered by your summer firm. As, perhaps, the only ATL writer who found himself in such a situation, I thought my insights would be particularly valuable. Instead of cobbling together that fake-as-hell gchat (“I think that is a fine point, sir. As I cogitate on this question, allow me to interject a brief few words in support of the fair maiden whose plight we now consider.”), they could have asked me: straight up, what did you do when Baker & McKenzie no-offered you?
Excellent question, Lat. I let a single teardrop roll down my cheek like I was Denzel in Glory. Then I picked myself up, slapped my dog in the face and did, like, 16,000 biceps curls. I determined that I wasn’t going to let some dumb dumb law firm dictate my life’s trajectory. I was going to be a huge success, someday reaching upwards of two dozen people as a writer for the Internet’s preeminent website for law firm bonuses and women’s shoes. I was also not going to let Baker’s decision get in the way of my life’s dream to one day work at a terrible office filled with half-wit lunatics who either don’t know I’m a lawyer or don’t care. To quote Matthew Wilder, I decided that no law firm gonna break-a my stride, nobody’s gonna slow me down. Oh no. I’ve got to keep on moving!
I also considered taking a huge dump outside Baker’s offices.
* This gem of a listing just showed up in the “legal/paralegal jobs” section of Craigslist. Be sure to send a “nude picture” with your résumé! Perhaps someone has been watching too many Maggie Gyllenhaal films. If it gets taken down a screenshot is here, and the klassy alternative picture in the listing is here. [Craigslist]
* From the “no good deed goes unpunished” department, Georgetown Law has figured out how to bilk taxpayers into covering the costs of increasing tuition. The federal government forgives law school debt for those in the public sector if they agree to make an income-based payment. Georgetown is covering those costs, passing it on to future students (who also won’t be paying it back), and then encouraging students to shelter income to guarantee the school comes out ahead. This is why we can’t have nice things. [Wonkblog / Washington Post]
* The always outspoken Judge Kopf shares his thoughts on Shon Hopwood’s selection as a clerk for Judge Janice Rogers Brown. Judge Kopf sentenced Hopwood to 147 months in the 90s. [Hercules and the Umpire]
* A delightful “man bites dog” story: a bank didn’t read a customer’s amendments to a credit card application before issuing him a card and went to court whining about how hard it is to pay attention to the fine print. Boo hoo hoo. [The Telegraph]
* How to deal with your mistakes. This only applies to associates, though. Partners have two steps: (1) find an associate; (2) blame the associate. [Associate's Mind]
* Everything’s bigger in Texas, including their misreading of the Supreme Court’s precedent. [Election Law Blog]
* China is way serious about prosecuting corruption. [Legal Juice]
* The Mets muscle man whose comic inability to open a water bottle went viral on YouTube is actually a lawyer from White Plains. If you haven’t seen the clip yet, it’s after the jump. Watching the water bottle battle is the only excuse for subjecting yourself to a Royals-Mets game…
You go to war with the army you have, not the army you might want or wish to have at a later time.–Donald Rumsfeld
That line, besides being a viciously subtle slap at this great nation’s servicemen and women, also contains a great amount of wisdom. Rummy’s lines had a way of doing that (known knowns, unknown unknown, gnome noams, etc.). For instance, today the sports world stands on the precipice of two wars. And as we survey the looming battlefields, sabres drawn, guns loaded, war analogies wild and unkempt, we face the very real prospect of going to war not with the army we want, but the army we have. Namely, Alex Rodriguez and Johnny Manziel.
But go to battle we must. Our nation’s sports, all teetering precariously on a foundation of absolute hypocrisy, threaten to come crashing down. We are aghast at the mere presence of performance enhancing drugs. At least, that’s what some dude at GNC told me. And while we believe in the free market reflexively, we do not believe a 20-year-old should share in the fruits of his labors. These are the motivating paradoxes of our current sports age and they are threatening to unravel right before our eyes. Isn’t this exciting!? It’s like when the Berlin Wall came down and the kid in your class brought the little pebble and he said “Look, this was the Berlin Wall.” And you squinted and shivered at the mere sight of such an important artifact but, seriously? You wanted to beat that kid in the face and take his history rock.
Let’s talk something other than that jerk kid and his cool commie gravel…
* The Mars Curiosity rover played “Happy Birthday to You” to itself on the first anniversary of its landing on the Red Planet. It takes about 13 minutes for transmissions from Mars to reach the Earth. Time Warner sued NASA 14 minutes after Curiosity’s performance. [io9]
* Fans of the Colorado Rockies… fans? Huh, okay! Anyway, the case posits that Rockies ticket holders should be allowed to sell them on the secondary market. If they can’t unload Rockies tickets, they may be forced to watch a team 11 games out of first place flounder. [Forbes]
* Paul Rampell, Donald Trump’s lawyer, advocates for replacing marriages with leases with defined terms. It gives new meaning to “trading in for a new model.” The thrice married Trump nods approvingly. [Washington Post]
* The Rumpus interviews Dean Frank H. Wu of UC Hastings. Turns out he’s writing “a bad trashy novel.” So it probably won’t make the 25 Greatest Law Novels ever list. But then again, they put The Fountainhead on that list, so don’t give up hope, Dean Wu! [The Rumpus]
* Poetry Corner: Kenneth Branagh Prepares Evidence For Trial. So long as he’s not preparing to direct another awful Thor movie, I’m fine. [Poetic Justice]
* Just what do Americans even want from an energy policy? That Cuisinart fusion reactor from Back to the Future, that’s what. [Breaking Energy]
* A defendant called a judge “Hon,” and it did not go well. I wonder what Judge Montes gets called at the club? [Sun Sentinel]
* Anthony Weiner once explained that he was “inspired” by a book about a lawyer who wants to cheat on his wife. Indeed. [BuzzFeed]
* Judges on the Third Circuit bench must really ♥ boobies. Breast cancer awareness bracelets can’t be banned by public schools if they aren’t lewd and if they comment on social issues. [Legal Intelligencer]
* A bevy of Biglaw firms were involved as advisers in the sale of the Boston Globe, Newsweek, and the Washington Post, including Cleary Gottlieb, Cravath, and Morgan Lewis, among others. [Am Law Daily]
* After surviving a motion for disqualification, Quinn Emanuel will continue to represent Snapchat. A short video of John Quinn laughing his ass off will be available for the next 10 seconds. [TechCrunch]
* Alex Rodriguez, the only MLB player who will be appealing his drug-related suspension, has hired Reed Smith and Gordon & Rees to hit it out of the park during arbitration proceedings. [Am Law Daily]
* Don’t say we never did you any favors: Here are the top 5 mistakes new in-house counsel make from the perspective of outside counsel. Take a look before you make them yourselves. [Texas Lawyer]
* We saw this coming back in June (seventh item), but now it’s official. Prenda Law has dissolved after posting six figures in bonds for various ethical sanctions. Next step, bankruptcy? [National Law Journal]
* A DWI attorney shows up to court drunk. Kicker? He was in the wrong courtroom. Still, the best way to defend a client is to stumble a mile in their shoes. [KRQE]
* A sitting appellate judge shares his poetic stylings. [Law Poetry]
* Here’s a brutally honest letter from a hypothetical senior Biglaw partner to a new associate. Since this week established that we need to point this out, this is a satirical letter. [Associate's Mind]
* Supreme Court justices employ more strident language in dissents. We didn’t really need a study to prove that justices get salty when they lose. We could just watch Scalia invoke Godwin’s Law. [Washington Post]
* Last year, Ryan Braun, proclaiming innocence, successfully appealed his suspension for steroid use. Right now Braun’s appeal seems a bit disingenuous. [Sports Illustrated]
* Bipolar man who pretended to be a lawyer sentenced to three years. How will he pay off his fake law school debt? [New York Post]
* U.S. District Judge Daniel Hovland has enjoined North Dakota’s new abortion law. Turns out it wasn’t viable. [USA Today]
* Rachel Jeantel, the controversial prosecution witness from the George Zimmerman trial, says the experience has inspired her to become a lawyer. That’s an unfortunate lesson to take from the trial. [Newsone]
* The most interesting thing about the decline of Biglaw is how long a completely nonsensical business model persisted. [Slate]
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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 seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.