In addition to handing down some big opinions, yesterday the U.S. Supreme Court declined to review a number of cases. As noted by SCOTUSblog’s Lyle Denniston, the Court denied certiorari in a significant antitrust case, as well as a pair of test cases raising constitutional issues in the immigration context.
But the most important cert denial was surely Aisha v. Madonna, No. 06-1389. A blurb about this battle of the mono-monikered musicians, from a reader:
* Banned children’s book about Cuba, “Vamos a Cuba,” now in court. [Miami Herald]
* “Hit Movie ‘Knocked Up’ With a Lawsuit.” [WSJ Law Blog]
* Should Libby be pardoned? [LA Times via BLT]
* More pardoning analysis from NYT. [New York ]
* Like you, this attorney and concerned citizen opted for law school because science just wasn’t her thing. [J-Walk Blog]
* Kettles Retailers are being told they’re black warned not to infringe upon Kate Moss’s much-hyped and copyrighted “Pot”-shop Topshop collection. [Fashionista; Retail Week]
(An explanatory note for those of you who couldn’t care less: Topshop is an H&M-esque retailer that rips off designs from everybody so that broke girls and boys can swath themselves in sweatshop-produced crap and still have money left over for cigarettes.)
* Power may be the great aphrodisiac, but in my experience, sexual harassers in the professional workplace are just pervs or losers who couldn’t find a date in high school. Sometimes it’s that simple. [Feminist Law Professors]
* In these violent times, “Red Asphalt” just doesn’t do the trick in scaring the bejesus out of high school drivers. [Central Ohio]
* School lunches + biometrics = ACLU. Of course. [Turn to 10]
[Ed. note: ATL will be on a pretty laid-back publication schedule today. It's Good Friday, the markets are closed, and many folks are probably traveling for the holiday weekend. We will be posting, but not at our regular pace.]
* Stevens’s key role. [USA Today via How Appealing]
* Surveillance laws outdated? He’s probably referring to all of those pesky constitutional protections. [Jurist]
* Dude. You gotta make sure you’re getting the right one when you’re messing with the huevos. That’s just not cool. Not cool at all. That guy deserves a bazillion dollars. [CNN]
* Lawyers and golf. [WSJ Law Blog]
* Fartman loses on appeal. [Andrews Publications via FindLaw]
* Belated birthday greetings to Justice Samuel A. Alito, Jr., who turned 57 earlier this week. [How Appealing]
* If you’re not spreading your music like herpes, then you’re just paying an extra 30 cents for the same product you’ve always been buying; as a side note, doesn’t Damon Alburn look dreamy these days? [New York Times]
* The SEC wants to be more like a friend than a parent, but watch out if you try to sneak out of the house after curfew on a school night. [FT.com via MSN]
* She may fight it until she regains her dignity writes another best seller, but chances are that I’ll get my groove back before she does. [New York Magazine’s Daily Intelligencer]
* Remember how Andrea from Beverly Hills, 90210 used her grandma’s address, and Vivian Abromowitz lived in the Slums of Beverly Hills to attend the prestigious public high school? Well, this is different. [Los Angeles Times]
* Screenwriter mistaken for a terrorist saves his ass by pretending to have written an episode of Scrubs. I totally saw that on 24. [LA Weekly]
* [Heart] anything without legal consequence. [WRAL]
* I declare a moratorium on the word “songstress.” [New York Post]
* If you’re a fan of the “long-lost classic” Killer of Sheep, or if, indeed, you have ever heard of such a film, you are in luck. [Info/Law]
This was widely predicted as a consequence of Google’s acquisition of YouTube. If you combine a website that allegedly engages in “massive intentional copyright infringement” with the deep pockets of one of America’s largest companies, you’re asking for lawsuits. From the AP:
MTV owner Viacom Inc. sued the popular video-sharing site YouTube and its corporate parent, Google Inc., on Tuesday, seeking more than $1 billion in damages on claims of widespread copyright infringement.
Viacom claims that YouTube has displayed more than 160,000 unauthorized video clips from its cable networks, which also include Comedy Central, VH1 and Nickelodeon.
As noted by the WSJ Law Blog, Viacom is represented by Jenner & Block in DC. We’re curious to find out who gets tapped by Google for defense. We’re looking forward to an interesting fight — which, in addition to supplying entertainment value, will hopefully also clarify the proper operation of copyright law in cyberspace. Viacom Sues YouTube Over Copyrights [Associated Press] Viacom Sues Google and You Tube [WSJ Law Blog]
More legal troubles for controversial celebrity gossip blogger Perez Hilton, aka Mario Lavandeira. The latest lawsuit against him, filed by Universal City Studios, asserts copyright infringement, arising out of Lavandeira’s publication of a topless photograph of Jennifer Aniston (taken from allegedly stolen footage from “The Break-Up”).
The complaint is fairly straightforward. The most amusing part of the filing is an exhibit to the complaint: the topless Jennifer Aniston pic, with a strategically situated “Redacted” stamp:
During our time in commercial litigation, we got to know the “Redacted” stamp very well — perhaps too well. But we never saw the “Redacted” stamp used in quite such an interesting way.
We suspect that the Court will order an in camera examination of the unredacted photograph. Especially if the case winds up before Judge Manuel Real. Lawsuit Over Topless Aniston Photo [The Smoking Gun via Drudge Report]
* More details constantly emerging from the Scooter Libby trial [CNN]
* That Boston duo is out of custody for ATHF ads that caused a bomb scare. They gave a bizarre press conference, insisting on speaking only about ’70s haircuts. One reporter asked, “[Lawyer], are you disappointed by your client’s behavior?” to which the attorney responded, “My client is a performance artist.” [CNN]
* Yesterday an article discussed the NFL’s IP enforcement. Today, they enforce. [SI]
* Of course, “Dodgeball” is also subject to IP enforcement. [Hollywood Reporter Esq.]
* When fantasy football meets “legal prowess,” you get the WSJ Law Blog Football Hall of Fame. [WSJ Law Blog]
Have a great Super Sunday, Big Game weekend, lawyers! All billing stops at 6:25 EST.
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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 six years. You can reach them by email: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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