Copyright

No, not that gavel...

* Dewey retired partners with unfunded pensions get a seat at the table for this bankruptcy circus? Yeah, but only because the U.S. Trustee did something unheard of and appointed a committee of former partners as creditors. [WSJ Law Blog]

* Yesterday was definitely a great day to be gay on the east coast. In addition to the First Circuit’s DOMA decision, a New York appellate court ruled that being called gay is no longer defamatory per se. [New York Law Journal]

* Milberg is the latest firm to dump Paul Ceglia of Facebook lawsuit fame, but Dean Boland, his other lawyer, says the Biglaw firm just “serve[d] as a distraction.” Somebody please give this man a dislike button. [Buffalo News]

* Humblebrag of the day by Judge Alsup of Oracle v. Google fame: he’s written lines of code “a hundred times before.” He also squashed Oracle’s API copyright infringement claims like bugs. [Courthouse News Service]

* Remember Kimberly Ireland, the Kansas attorney who falsely accused Judge Kevin Moriarty of waxing his gavel beneath the bench? She got a retroactive two-year suspension. [ABA Journal via Legal Profession Blog]

* Elizabeth Warren has confirmed that she told Harvard Law and Penn Law that she was a Native American, but only after she had been hired. She didn’t get any action of the affirmative variety, no sir. [Associated Press]

* Recent law school graduates are a little more desperate than we thought they were. At least 32 people have already applied for that BC Law job advertising a salary below minimum wage. [Boston Business Journal]

* Activision settled a lawsuit with two Call of Duty developers, but isn’t worried about an effect on its financials due to a strong third quarter performance. And you can thank your damn Elite packages for that. [PCMag]

We have been covering the Justice Department’s case against Megaupload, the formerly massive file hosting site, ever since the government shut it down in January.

We have seen the government’s piracy case devolve from a slamdunk into a slopfest with what appears to be less and less of a chance of successful prosecution. Although charismatic CEO Kim Dotcom is still under house arrest in New Zealand, judicial officials there are getting frustrated with the United States. And the company’s attorneys at Quinn Emanuel are still continuing their assault against the Feds. The firm filed two important briefs yesterday, which could significantly impact the future of the case…

double red triangle arrows Continue reading “The Justice Department Appears to Be Losing the Battle Against Megaupload”

'F**k this f**king sh*tty bonus!'

* “Our assets went home every night, until one night, they went home and never came back.” Aww, Dewey shed a tear for this bankrupt law firm? Nah. [Thomson Reuters News & Insight]

* It looks like SCOTUS Justice Clarence Thomas decided to kiss and make up with his alma mater, Yale Law School. He’ll be the keynote speaker at an alumni dinner in D.C. this summer. [Reuters]

* And the marriage equality battle has finally arrived in Obama’s former stomping grounds. Lambda Legal and the ACLU are challenging the ban on gay marriage in Illinois. [Associated Press]

* The biggest news out of the John Edwards trial yesterday was that Judge Eagles told the alternate jurors they didn’t have to show up anymore. OMG, boring. Give us a verdict already. [ABC News]

* Kim Dotcom and his company’s defense against the DOJ’s charges is coming together piece by piece. If only Megaupload were a torrent site, this would be a much better nerd joke. [Media Decoder / New York Times]

* The ABA Journal wants to know if you curse in the workplace, and if so, in what situations. We bet that a fair share of Biglaw associates were dropping f-bombs left and right over this year’s bonuses. [ABA Journal]

I work in a highly competitive sales market. Underhanded deeds, though never perpetrated by my clients, are de rigeur in this field. There seems to be an ethical handbook for sales folks that has a theme of “ethics smethics –- close the deal at all costs.”

At quarter-end, or worse, year-end, this mantra can infect an attorney’s most rigid values. It is at these times when we must be on guard against the pressure to close. The pot at the end of the rainbow will look rather less shiny when tarnished by an ethics violation. None of this is news to most in-house folks.

With an economy on a slow crawl back to health, and internal pressures from all sides to cut costs and maximize revenue, shenanigans from sales people are rife in war story lore. But what of bad behavior by customers? I can tell you that after my years in-house, when I thought I’d already seen it all in private practice, I was quite wrong….

double red triangle arrows Continue reading “House Rules: Sometimes The Customer Isn’t Always Right”

For years now, the number of people suing in hopes of getting rich through some tenuous connection to Facebook’s early days has been longer than the line in front of Wal-Mart on Black Friday. And with Facebook’s rumored multibillion-dollar IPO possibly happening at the end of this week, the list of hopefuls is only getting longer.

This week, a magistrate judge in Massachusetts tossed out another one of these suits, filed by one of Mark Zuckerberg’s former classmates. This suit was a bit unusual, though. Instead of going after Facebook or Zuckerberg himself, the man used a roundabout strategy of suing the producers of The Social Network for “defamation by omission.”

Keep reading to learn more about Aaron Greenspan, the man who says he is just too damn important to have been left out of the Oscar-winning movie about Facebook…

double red triangle arrows Continue reading “Another One of Zuckerberg’s Former Classmates Tries — and Fails — to Cash in on Facebook”

Do these even exist anymore?

* Not even 1-800-REALITY can save you now. Joe Amendola wants to postpone Jerry Sandusky’s trial because he claims that he’ll be “unable to effectively and adequately” represent his client without more time to prepare. [CNN]

* Unlicensed to ill: Trouble Funk sure picked a crappy time to sue the Beastie Boys for copyright infringement over some samples from the 80s. Adam Yauch died the day after members of the hip hop group were served. [TIME]

* It’s not just a #firstworldproblem in the U.S. anymore, because law school grads can’t even find jobs in Canada. A lack of articling positions is sending recent grads to the bread maple syrup line. [CBC News]

* Remember Heather Peters, the former lawyer who beat Honda in small claims court? Yep, that was reversed in Superior Court earlier this week. Not so eager to reactivate your law license now, are you? [Reuters]

* Animal rights groups are suing the USDA because they claim that foie gras is made from “diseased bird organs.” Oh, come on, you know that they’re just pissed off because they can’t pronounce it. [Huffington Post]

* A woman claims that she was fired from her job after her employer discovered that she was “living in sin” with her boyfriend. They teach a whole lot of tolerance at Colorado Christian University. [KMGH Denver]

* Nicholas Katzenbach, legal adviser to Presidents Kennedy and Johnson, RIP. [New York Times]

* Dewey get the chance to reap revenge against all of the partners who defected? Only in bankruptcy clawback suits. Many are keeping an eye on the Coudert and Thelen Chapter 11 cases to see if they’ll have to pay up. [Thomson Reuters News & Insight]

* “People have bigger concerns on their mind than whether Elizabeth Warren is 1/32 Cherokee.” Well, Scott Brown isn’t most people. He wants all of her job records from her career as a law professor. [Washington Wire / Wall Street Journal]

* “We are not anti-gay, we are pro-marriage.” I don’t think “pro-marriage” means what you think it means. Last night, North Carolina voters passed a constitutional amendment banning same-sex marriage in the state. [CNN]

* Mike McQueary is filing a whistleblower lawsuit against Penn State. Hate to say it, but that’s definitely not the first time Penn State’s seen a lawsuit over something being blown in the locker room. [Centre Daily Times]

* Washington University in St. Louis Law is launching an online LL.M. program for foreign lawyers for the low, low price of $48K. The exchange rate surely can’t be good enough for that to be worth it. [New York Times]

* Joran van der Sloot will likely be extradited to the United States from Peru this summer. His lawyer, Maximo Altez, isn’t a fan, because he thinks that we’ll charge his client with murder. America, f**k yeah! [ABC News]

* Oh, of course a member of the Village People’s claim just had to be the test case for 35-year copyright transfer termination. Well, kudos to you, Mr. Motorcycle Cop. You’re a real “Macho Man.” [Bloomberg]

The Snooki Defense

* Aw, come on, Mort, Dewey really have to pay you $61M? In case you missed it last night, the only thing that made the former vice chairman’s departure memo dramatic was the insane amount that he claims he’s owed. [DealBook / New York Times]

* Congratulations to Jacqueline H. Nguyen on her confirmation to the Ninth Circuit. She’s the first Asian American woman to sit on a federal appellate court, so she’s earned our judicial diva title (in a good way). You go girl! [Los Angeles Times]

* Google might’ve infringed upon Oracle’s copyrights, but a jury couldn’t decide if it constituted fair use. Sorry, Judge Alsup, but with that kind of a decision, you can bet your ass that there’ll be an appeal. [New York Times]

* A Harvard Law professor has come to Elizabeth Warren’s defense, claiming that an alleged affirmative action advantage played no role in her hiring. And besides, even if it did, it only played 1/32 of a role. [Boston Herald]

* Classes at Cooley Law’s Tampa Bay campus began last night. Unsurprisingly, the inaugural class is double the size originally projected, because everyone wants to attend the second-best school in the nation. [MLive]

* Albany Law will be having a three-day conference on the legal implications of the Civil War. This could be a little more exciting if presenters wore reenactment garb and did battle when it was over. [National Law Journal]

* Jury selection is underway in a second degree murder trial that will forever be known as the case where a defendant first raised the “Snooki Defense.” He didn’t kill his wife… but her spray tan did. [CBS Miami]

* There is a difference between being “insensitive” and being wrong. It’s more important and less obvious than you might think. [Volokh Conspiracy]

* Is it harder to go to college in America today if you are a minority — or if you are poor? [Forbes]

* I live in Oakland, so I’m more surprised when a day goes by that I don’t see someone with marijuana sticking out of their pants. [Legal Juice]

* The finalists in the ABA Battle of the Bands sound pretty darn good. My vote will probably to go to Jenner & Block partner Joe Bisceglia rocking out to some old Chicago blues. [Legal Blog Watch]

* Uggs just won a $686 million judgment against counterfeiters. But for some reason, after years of asking every woman I know, no one has been able to explain to me why people insist on wearing them when it is more than 25 degrees outside. I just don’t understand the appeal. [Fashionista]

* It seems like NYU Law really doesn’t want to give up all of its employment data. Reminds me of playing “keep away” when I was seven, and specifically how the game always ended in shouting matches and damaged egos. [Law School Transparency]

* In other ping pong related news… [DealBreaker]

The U.S. government seems to be losing ground quickly in the PR war surrounding the case against Megaupload, the massive file-sharing site, and the company’s leader, Kim Dotcom. Just over a week ago, we learned that Quinn Emmanuel had signed on as the company’s defense team; the firm hit the ground running with a brief calling B.S. on one of the government’s objections.

And on Friday evening, news broke that the FBI may have again screwed the Megaupload pooch. The potential procedural goof was apparently severe enough that a federal judge wondered aloud if it might have killed the case…

double red triangle arrows Continue reading “Megaupload Trial May Never Happen Because of Possible FBI Error”

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