As you hopefully are aware, today is the 50th anniversary of Martin Luther King’s powerful, moving and memorable I have a dream… speech. In a just world, that speech would be in the public domain. And, legally, it might be. While King did apparently send a copy of the speech to the Copyright Office, he did so as an “unpublished work.” There has been a dispute, then, about the speech itself, since that would be a publication. His estate, however, has argued that the speech was not a “general publication,” but rather a “limited publication” and thus King retained a common law copyright — and an appeals court appeared to agree, but the lawsuit over this was settled without a final ruling, and no one has challenged it since. However, King’s estate has beenridiculously aggressive in trying to lock up his speeches and take down videos commemorating his talks, with a focus on this momentous speech.
Of course, they’re more than happy to license the speech to the highest bidder…
* Mike Brown, the man at the center of the would-be South Carolina restaurant racial discrimination suit, has a post over at xoJane telling his story. [xoJane]
* Time for a Team Prenda update! Now they are making really embarrassingly terrible “your mom” jokes. [Popehat]
* Contrary to Elie’s tweet, there is kind of a legal angle to the debacle at the VMAs that was Miley Cyrus dancing with an aging Michael Keaton dressed as Beetlejuice Robin Thicke. MuckRock has submitted a FOIA request to find out how many complaints were filed with the FCC. Unfortunately, my bet is that the number is more than zero, despite the FCC having no legal authority over indecency on MTV. If you have no idea what we’re talking about, here’s a collection of GIFs. [MuckRock]
* Shots fired! Law Librarian Blog snarks on Law Professor Blogs 2.0 re-design. Palace Intrigue: Blogger Edition. [Law Librarian Blog]
* A new website provides an online course in general deposition prep for witnesses. Will this work? Pro: Deposition prep involves haphazard application of life lessons from a lawyer’s individual career and a professionalized course is beneficial. Con: Why would a firm forfeit all those billable hours to a third-party? [The Perfect Witness]
* Not every law school is cutting back. San Joaquin College of Law is expanding its enrollment. It’s not ABA-accredited, so all these students are sure to land on their feet. [KFSN]
* Since we’re likely to be at war with Syria by the end of the week, here’s a thoughtful piece on the legality of intervention in light of the UN charter and moral obligations. [Boston Review]
* Rather than watching people pump gas, BP is watching people pump out lawsuits against the company at a rather alarming rate as a result of its 2010 oil spill. [Businessweek]
* Cynthia Brim, the Illinois judge who was reelected despite the fact that she was legally insane, finally had a complaint filed against her by the state’s judicial board for being just a little bit too kooky for court. [Chicago Tribune]
* Your degree might not be worth a million dollars, but if you went to one of these schools, you probably got a good bank for your buck. We’ll have more on this later. [The Short List / U.S. News & World Report]
* The fight over attorneys’ fees in the antitrust lawsuits filed against BARBRI continues rage on, and class members still haven’t received a penny — which is all they’d really get, anyway. [National Law Journal]
* Congratulations to Newark Mayor and Yale Law alumnus Cory Booker! Last night, he handily won the New Jersey Democratic primary election for the late U.S. Senator Frank Lautenberg’s seat. [CBS News]
I mean suing the bejeezus out of Goldman Sachs. And likely a number of other high-profile financial players.
Not over something mundane like the whole “taking part in collapsing the global economy” thing. That’s been discussed to death. I’m talking about something much more concrete and, apparently, easy to establish.
People sometimes derisively call bankers pirates, but it turns out they may be right. Software pirates, at least.
In this month’s issue of Vanity Fair, Michael Lewis looks at the prosecution of former Goldman Sachs programmer Sergey Aleynikov. In addition to detailing the outsized influence large banks have over the justice system and the ease with which the system can break down when the facts of a case are too complex for lay jurors, Lewis uncovers a small nugget that he doesn’t really pursue, but that could be trouble for Wall Street….
* “[J]ust because something is constitutional doesn’t mean it’s the best idea, or even a good one.” Perhaps we’ve given Chief Justice John Roberts a little too much to do. No wonder he’s gotten cranky. [Opinionator / New York Times]
* “It’s raining lawsuits.” As Justice Scalia predicted, in the wake of the Supreme Court’s ruling in the Windsor case, gay couples across the nation have banded together to challenge bans on same-sex marriage. [NBC News]
* The Fourth Circuit ruled that state authorities in Maryland can’t arrest and detain people just because they look like they might be illegal immigrants. They can only do that in Arizona. [Baltimore Sun]
* No more fun during sequestration, ever! Judges, get ready to kiss your “lavish accommodations” at judicial conferences goodbye, because Senator Tom Coburn is on the case. [National Law Journal]
* For all of the talk that Biglaw is in recovery, summer associate hiring just isn’t what it used to be. Summer class sizes shrank since last year. We’ll have more on this later today. [Am Law Daily]
* On Friday, the ABA Section of Legal Education and Admissions to the Bar will consider making changes to its law school accreditation standards. Yes, the ABA does have standards. [ABA Journal]
* Open wide and suck this down: A film on the life and times of porn star Linda Lovelace may be lost to the cutting room floor because Deep Throat’s rights holders are seeking an injunction. [The Guardian]
* “Our graduates have a history of going to small firms, DAs and public defenders’ offices. We don’t have the employment swings that big law schools have because their graduates are focused on more elite firms,” says the dean of law school that costs $185,214 to attend. Certainly all of those students at the District Attorney’s office are making enough bank to pay that off. [Daily Report]
* As discussed yesterday, the sequestration is doing a number on the federal defenders. Here’s a petition to save them. [PrawfsBlawg]
* The police are enforcing Yelp reviews now? I guess Google is really pushing them. [Popehat]
* After broadcasting offensive, fake names for the Asiana crash pilots, KTVU is trying to delete the evidence through copyright claims. [Mother Jones]
* USC is the subject of a federal investigation for systematically failing to investigate rape allegations. “A DPS detective told one student that the campus police determined that no rape occurred in her case because her alleged assailant did not orgasm.” In fairness, you can’t feel anything with Trojans. Seriously though, when did USC become Dubai? [Jezebel]
* Edith Windsor’s lawyer said she thought her client’s case was “simple,” but it proved to take a little longer than she thought to strike down the Defense of Marriage Act. [New York Law Journal]
* Conservative pols are up in arms about the SCOTUS decisions, promising to file constitutional amendments, but like Rand Paul said, “As a country, we can agree to disagree.” [Washington Post]
* Nate Silver breaks down gay marriage by the numbers. By August, 30% of Americans will live in states where same-sex marriage has been legalized. [FiveThirtyEight / New York Times]
* Wherein the ancient artifacts of a once storied and prestigious Biglaw firm are touted by a furniture liquidation company as “like new, for less!” Dewey know how embarrassing this is? [Am Law Daily]
* Sorry, Joel Tenenbaum, but the First Circuit affirmed your $675K debt to the RIAA. That’s what happens when you blame illegal downloads on burglars and foster kids. [Law & Disorder / Ars Technica]
* It looks like David Boies claimed two victories yesterday. The Court of Federal Claims gave Maurice Greenberg the green light to sue the U.S. over the terms of AIG’s bailout. [DealBook / New York Times]
* With the Supreme Court’s term winding quickly to a close, it’s likely that conservative justices will write for the majority in some of the most closely watched and controversial cases. Uh oh. [Washington Post]
* Judge Edward Korman, the man who slapped around the FDA like it owed him money in a ruling over access to the morning-after pill, is actually a very soft-spoken, kind-hearted fellow. [New York Times]
* Wherein a Chicago Law professor and a Vedder Price partner argue that instead of cutting law school down to two years, financial aid should be given out like candy. Hey, whatever works. [Bloomberg]
* Brooklyn Law’s got a whole lot of drama these days: Their president is stepping down, their dean is apparently still a full-time partner at Patton Boggs, and a law professor is suing over alleged ABA violations. [New York Law Journal]
* That’s not the only New York-area law school awash in scandal. Chen Guangcheng has received the boot from NYU Law due to alleged harm done to the school’s relationship with China. [New York Times]
* When questioned about the need for his school, Indiana Tech’s dean says the lawyer oversupply and lack of jobs don’t matter. It’s about the quality of the graduate. Good luck with that! [Journal Gazette]
* This came too soon (that’s what she said). The alleged porn purveyors at Prenda Law will close up shop thanks to the costly litigation surrounding their copyright trolling. [Law & Disorder / Ars Technica]
* Fort Hood shooter Maj. Nidal Hassan won’t be allowed to use a “defense of others” strategy in his murder trial, because not only does it fail as a matter of law, but it’s also ridiculous. [Associated Press]
* Harvard Law grad Cate Edwards, daughter of disgraced pol John Edwards, took a dramatic step away from her father’s tabloid-esque pubic interests by opening her own public interest firm. [WJLA ABC 7]
* Judge Thomas Jackson, well-known for his antitrust ruling against Microsoft, RIP. [New York Times]
When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
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…
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: email@example.com.
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