* 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]
* 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]
The satirical Onion News Network recently reported on new government funding for that “massive online surveillance program run by the CIA,” known as Facebook — dreamed up by “secret C.I.A. agent Mark Zuckerberg.” The report made light of how much information we’re willing to make available to a third party — information that we would never consider freely handing over to the feds. While funny, the report speaks to serious concerns about privacy. Civil liberties advocates like Christopher Soghoian and Nicholas Merrill worry about the ease with which the government can get access to the digital information we store with third-parties like Facebook, Yahoo!, and Google, as well as to the rich databases that our mobile phone providers have.
Should we call it the Tech.B.I. or the Dot.Com.I.A.?
* In the Barry Bonds trial, an expert on steroids described how the government injected a bunch of baboons with the drug Bonds is accused of using. I, for one, welcome our new baboon overlords. [ESPN]
* Some Amish in Kentucky are fighting a regulation that requires reflective safety triangles on their buggies. Say they’d rather get Munsoned out in the middle of nowhere than use those things. [Louisville Courier-Journal]
* A lawyer in Illinois faces possible jail time for letting her detained client use her cell phone. At least she’ll get bars now. HIYOOOO! [ABA Journal]
* The FBI has instructed agents to to hold off on Miranda warnings when interrogating “operational terrorists” about immediate threats. These threats include suitcase bombs, sex bombs, nude bombs, and La Bamba. The Los Lobos version. [New York Times]
* Law firms are whetting wetting their collective beak on drug deals. But drugs is a dirty business. It makes, it doesn’t make any difference to me what a man does for a living, understand. But your business is, uh, a little dangerous. [Am Law Daily]
Here at Above the Law, we’re trying to help you. We write about lawyers who do embarrassing things so that you can learn from their examples. Heck, you should get ethics CLE credit for reading this site.
One of our most widely-used lessons — now part of new employee training at a Wall Street firm, in fact — is the cautionary tale of Acela Bob. Pillsbury Winthrop partner Robert Robbins conducted what should have been a confidential conversation about impending layoffs at his firm — in a loud voice, using his cellphone bluetooth, on a crowded Acela train. An ATL reader heard the whole thing and tipped us off; we wrote it up. Shortly thereafter, Pillsbury — which had not yet admitted to any layoffs — confessed that cuts were coming (and “apologize[d] for the unfortunate manner in which our deliberations about reductions have become public”).
Here’s one lawyer who apparently never heard about Acela Bob, or perhaps forgot the story: James J. Kirk (no relation to Captain James T. Kirk).
As a place to live, California has a lot going for it: the Pacific Ocean, pleasant weather, celeb spottings. But if you’re concerned about the police perusing the contents of your smartphone without a warrant, you might prefer to spend your time further east, in the Buckeye State.
The Supreme Courts of California and Ohio have come down on opposite sides of the question of whether police need a warrant to search an arrested person’s cellphone. California may be perceived as the tech-savvy state, thanks to playing host to Silicon Valley, but when it comes to how the law applies to technology, its analysis is rather simplistic. In an opinion issued Monday, California’s court said “no warrant needed,” equating a cell phone with a pack of cigarettes. Hmmmm. Cell phones are addictive, I suppose…
Can you please offer your insight into proper etiquette for ring tones in the workplace? I understand someone may have an affinity for The Jitterbug in their personal life, but when did it become acceptable to leave your cell phone on full volume while in the office knowing that it will go off at least three times each day? I work next to a law clerk whose phone sounds like it’s Mario eating a magic mushroom whenever he receives a message. I’ve asked him to put his phone on vibrate or silent when he comes to work, but it hasn’t sunk in — do I need to pull a Bluto from Animal House and smash his phone to stop the madness?
Dear Gallagher, this question is disturbing on many levels….
How would you like to be the unofficial mascot for that dubious practice known as “sexting”? From ATL associate editor Kashmir Hill, writing over at True/Slant:
Earlier this year, the media went crazy over “sexting.” It has all the elements of a great, salacious, audience-attracting story: flirtation, cell phones, nude photos, and oftentimes, teens….
One of the stations which ran a series of these stories is WLWT in Cincinnati, Ohio. The station repeatedly used a photo of a cell phone with a text to Joanna Argus saying “Hey baby, I got what you want.”
Joanna Argus, an Ohio woman in her late twenties who works as a fundraising consultant, found out about this for the first time when one of her clients called to ask about it. She was shocked, confused, and worried about who else would see it. She complained to the station, and the station’s manager promised it would not happen again. But it did happen again: at least six times over nine months, and was also used as the image for a presentation to a group of high schoolers on the dangers of sexting.
Oy. Argus is now suing the Hearst Corporation, the media conglomerate which owns the television station, for invasion of privacy, defamation, emotional distress, and negligence. (Recent bar exam candidates: feel free to break it down, in the comments.)
We’ll do our part to undo the reputational damage. If you happen to come across her name or photo, or if you meet her in person, please know that poor Joanna Argus has nothing to do with “sexting.” A reputation nightmare: Becoming the ‘sexting’ mascot [True/Slant]
Time for a brief follow-up to our earlier post about Biglaw partner Robert Robbins, head of the corporate practice of Pillsbury Winthrop, and how he spoke — a little too loudly, on a crowded Acela train — about the firm’s planned layoffs. You may have already seen it in the comments, but in case it got lost in the shuffle, the firm has confirmed the gaffe (and the layoffs).
After getting its act together — the Pillsbury website was down for a while today, which some commenters attributed to web traffic resulting from the mini-scandal — the firm issued a statement to The Recorder (via Legal Pad):
It is an unfortunate fact in today’s economy that no business or law firm can rule out adjustments to their overall workforce levels. This includes Pillsbury, and, among other cost cutting measures, we will be implementing reductions to ensure that our resources are aligned with our business needs. We apologize for the unfortunate manner in which our deliberations about reductions have become public.
We reiterate our earlier advice: Pillsbury associates, start your engines laser printers, and crank out those résumés. It’s time to move on. Bob Robbins is coming for you.
We’ve collected selected links to coverage by other outlets — heck, it even made Gawker — of the “unfortunate” incident. Enjoy.
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Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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