Copyright

Casey Anthony is pissed.

* And now another reason for lawyers to hate other lawyers (even more than they already do): Westlaw and LexisNexis are being sued for copyright infringement for selling access to publicly filed legal documents. [WSJ Law Blog]

* MGA Entertainment’s antitrust suit against Mattel has been dismissed. In celebration, attorneys from Quinn Emanuel will buy themselves hot pink convertibles while singing that “Barbie Girl” song. [Thomson Reuters News & Insight]

* Yesterday in the Golinski case, a federal judge ruled that the definition of marriage under DOMA is unconstitutional. Come on, even a Bush II appointee knows what’s up. [Poliglot / Metro Weekly]

* After finally realizing that he was a lawyer and not an agent — and that his most infamous client wasn’t worth as much as he thought — Jose Baez dropped Casey Anthony like a bad habit. [Miami Herald]

* Former University of Virginia lax player George W. Huguely V was found guilty of second degree murder in the death of Yeardley Love. UVA students are instructed to pop their collars at half-staff. [Bloomberg]

Transformative use? You be the judge.

CHICAGO (ATL) — The Associated Press is suing a digital news distributor, claiming it infringed on AP copyrights. In a story posted yesterday, the AP reported: “The Associated Press is suing a digital news distributor, claiming it infringed on AP copyrights.”

Apparently, something called Meltwater News Service has been stealing content from the AP and repackaging it as part of its service provided to clients who want to see what is written about them in the press.

After the jump, learn more about this execrable practice….

double red triangle arrows Continue reading “AP Sues Meltwater News Claiming Copyright Offense”

Newt, you've made the tiger angry.

* “Members of Congress are not above the law,” and that’s why the Senate will likely approve a ban on insider trading of non-public information by the end of the week. Say hello to the Stop Trading on Congressional Knowledge Act. [Boston Globe]

* Eye of newt tiger, and toe of frog, wool of bat, and tongue of dog. You see, Newt, you screw up one part of the witches’ spell, and you get sued for unauthorized song use on the Election 2012 campaign trail. [Bloomberg]

* Which Biglaw firms have the strongest brands in the country according to high-revenue clients? You’d think that those in the top five would be the firms leading the bonus market, but like most things having to do with money, you’d be wrong. [Am Law Daily]

* As Rutgers Law students take to the streets to protest the school’s merger with Rowan, nontenured faculty members are doing their damnedest to GTFO before all hell breaks loose. [Burlington County Times]

* GW Law will be launching a health care law and policy program next fall for the low, low cost of $5M, but the hordes of law school grads willing to pay top dollar for a useless LL.M. is priceless. [National Law Journal]

Tom Wallerstein

For some, the phrase “small law firm” implies certain stereotyped practice areas, clients, and attorneys. At its worst, the stereotype invokes unsophisticated clients and matters that are routine and uninteresting. I doubt the stereotype is wholly true anywhere. I know for sure it isn’t true in San Francisco or Silicon Valley.

I know many attorneys in small firms who have specialized, high-end practices. These specialized practices are often called boutiques, and they are perfectly suited to serve the entrepreneurial, high-tech client base that abounds in the San Francisco Bay Area.

Even in the down economy, a number of new ventures were launched in Silicon Valley. Geographically, the high-tech corridor also seems to be expanding, thanks to Twitter, Zynga, SalesForce.com, and the like setting up shop in San Francisco. You don’t even need a Visa or traditional office space to launch a startup anymore; now you can enjoy Peter Thiel’s “Visa-free entrepreneurship and technology incubator on an ocean vessel in international waters.”

It remains to be seen whether we’re experiencing a boom or just another bubble, but I guess it doesn’t matter anyway. I’m not an economist and I’m not making predictions. I am only remarking on some great practice opportunities for smaller law firms which exist here, maybe because we are fortunate to have so many imaginative, passionate, and savvy entrepreneurs working on exciting projects in so many different industries….

double red triangle arrows Continue reading “From Biglaw to Boutique: Beyond the ‘Small Law Firm’ Stereotype”

That's sexual harassment, but you probably want to take it.

* Listen up, internet pirates: if your license plate says “GUILTY,” it’s almost like you’re doing the DOJ’s job for them. More on this later. [Blog of Legal Times]

* Say cheese, because you’ll want to catch this first on camera. Sullivan & Cromwell is serving as lead counsel on Kodak’s bankruptcy case. [Am Law Daily]

* Protesting fail: looks like New York’s Occupy the Courts group won’t even be able to occupy the courthouse steps today. [Bloomberg]

* Stephen Colbert’s lawyer, Trevor Potter of Caplin & Drysdale, is now an internet celebrity. He’s a UVA Law grad, so pop your collars. [Chicago Tribune]

* Sexting extraordinaire Ken Kratz is fighting the suspension of his law license, because if he can’t practice as an “atty,” how can he be the prize? [Wisconsin State Journal]

* Apparently lots of DAs like to sexually harass their coworkers. Myrl Serra has been sentenced to one year for exposing himself at the office. [Denver Post]

SOPA is getting pwned. Yesterday, all the uber players with their epic gear hopped on Vent and raided the SOPA base, and now the newbie Congress people who sponsored the law are running scared. As we mentioned in Morning Docket, the sponsors of the Stop Online Piracy Act have “renounced” their law. The New York Times reports that Senators and Congresspeople are abandoning this thing like it was a campaign promise.

Google, Wikipedia, Reddit, all of the big internet corporations flexed their muscles — and oh, by the way, this is what it looks like when corporations use speech for speech, as opposed to pretending that anonymous corporate campaign contributions magically count as speech.

In the wake of this victory, here’s a question: Is this what we want? Yesterday, the internet used its power for good (though I fear the movie industry will strike back by making you watch full-length Kevin James movies before you can download the next Batman preview). But what if in the future “the internet” wants something bad, something that is more than the mere protection of freedom?

double red triangle arrows Continue reading “Should We Let the Internet Make Laws?”

I know why the caged bird tweets.

* Here’s a nice round-up of some of the most controversial laws that will be enacted in 2012. Looks like California is going to have some fabulously multicultural litigation. [Associated Press]

* What do you get when you cross an artist with a penchant for Rastafarians with the son of a Boies Schiller name partner? The biggest copyright fair use appeal ever. [New York Times]

* A Massachusetts town paid Phoebe Prince’s family only $225K to settle. With lawyer’s fees, it’s almost not even worth suing if your kid gets bullied to death. [ABC News]

* Everyone is going cuckoo over Iowa’s conservatives, even the Eighth Circuit. Iowa Law’s former dean is facing a political discrimination suit. [WSJ Law Blog]

* Apparently, this PhoneDog Twitter account case is a pretty big deal in the world of social media law. I’ll turn discussion of this issue over to our social media expert, Brian Tannebaum. [CNN]

* An employee at a presumably small law firm in New York had her jaw shattered while a thief ransacked the office. Give this woman a bonus. Hell, give her a raise, too. [New York Post]

Justice Kavanaugh has a nice ring to it.

* Searching for the perfect holiday present? Via Professor Glenn Reynolds: “As A Christmas Gift, Tell Your Friends and Relatives They’re Fat.” [Instapundit]

* If a Republican wins the White House in 2012, who might get nominated to the U.S. Supreme Court? Mike Sacks offers up a star-studded SCOTUS short list: the brilliant and genial Brett Kavanaugh, the fabulous Diane Sykes, certified superhottie Jeffrey Sutton, emerging feeder judge Neil Gorsuch, and star litigator Paul Clement. [Huffington Post]

* Another proposal on law school transparency. What is this “gainful employment” of which you speak? [Law School Transparency]

* If you can’t find gainful employment, well, maybe you can score a $500 reward from a concerned parent. [The Legal Satyricon]

* Speaking of Marc Randazza, here’s an interview in which he discusses “putting the nail in copyright holding company Righthaven’s coffin.” [WebmasterRadio.FM]

* A riddle from Eric Turkewitz: How is Indiana just like the old Soviet Union? [New York Personal Injury Law Blog]

* An interesting profile (by Peter Lattman) of Albert Foer — father of the three famous Foer brothers, and a celebrated and successful antitrust law crusader. [DealBook / New York Times]

Downward dog... kind of.

* Protip for Mark Hansen, AT&T’s lawyer: when you want a judge to save your merger plans, it’s probably not a good idea to demand that she make a ruling by a certain date. [Businessweek]

* What’s going on in Cooley Law’s defamation suit against Rockstar05 (other than discussion of whether the school’s attorney understands the tort’s defenses)? An appeal. [Lansing State Journal]

* Getting a prep school education in New York isn’t all it’s cracked up to be. Ask Philip Culhane, Simpson Thacher partner and name plaintiff in the Poly Prep sex abuse suit. [New York Times]

* America, f**k yeah! The Texas division of the Sons of Confederate Veterans is suing the DMV over free speech rights they might not have had if they seceded from the union. [Fox News]

* Yoga guru Bikram Choudhury tried to sue his disciples for infringement of his moves, but he ended up getting it downward doggy style from the Copyright Office instead. [Bloomberg]

* “If you want a good grade, you need to have sex with me.” At the height of finals season, many law students wish this were an option, but apparently it only happens in college. [New York Post]

Just when you thought “revenge porn” couldn’t get worse, IsAnyoneUp came along. In addition to posting user-submitted nude photos — often sent in by someone’s angry ex — the site’s proprietor, Hunter Moore, includes a screenshot of the amateur porn star’s Facebook profile page, so that it’s clear exactly who the person is, where they live (and work), and how to contact him or her. It’s not the only porn website where those featured get “poked,” but the only one where visitors get to do the poking.

Those featured on the site have struggled to get their photos taken down — the most successful legal approach so far has been to claim copyright and issue a DMCA takedown notice. Now Facebook is bringing its legal power to bear. Facebook had its lawyers at Perkins Coie send the site a cease-and-desist notice, saying Moore was violating Facebook’s terms of service by harassing users and posting their content without their consent. Moore immediately posted a copy of the letter to his NSFW site, and was excited to send Perkins lawyer Joseph Cutler a response.

“I replied with a picture of my dick,” he told Gawker. Classy.

Continue reading at Forbes.com….

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