Down in Charlotte, at the quadrennial “We Hate America” (spelled “Amercia”) Convention, the Communist Pander-Bears have released a 70-page Party Platform replete with dozens of references to specific pieces of legislation that no one necessarily understands to remind us of the scores of bills that the Democrats have failed to pass since 2008.
The Democrats don’t provide nearly as many bold changes to the legal structure of the country as the Republicans. But there are a few legal planks worth reviewing, though tragically little on the subject of porn. How dare they not respond to the strongest plank of the Republican platform?
Any Tintin fans out there? How ’bout Frank Miller? No? Me neither.
No matter, because we may have a new genre of graphic novels to add to the canon that will specifically appeal to attorneys: the illustrated amicus brief. Yeah. That’s a thing now. happened.
For anyone who has ever been frustrated by a judge’s imposition of silly page limits, just follow the lead of Bob Kohn. He filed a brief regarding the Justice Department’s proposed settlement in the long-standing e-book (so appropriate, right?) price-fixing case involving Amazon, Apple, and some of America’s largest publishers.
After months of living under house arrest and frozen assets, Megaupload leader Kim Dotcom has finally won a multimillion dollar victory in New Zealand court — one that will unfreeze some of his money and allow him to sell off some of his luxury cars so he can pay his attorneys.
Not a glamorous win, by any means, but it is what it is.
The Justice Department’s prosecution has been riddled with problems almost from the case’s beginning, back in January. This is another setback in their attempts to curb file-sharing.
So how much of his money will Dotcom now be able to fork right over to his lawyers? And which cars can he sell?
Last time we checked in with the crumbling prosecution of Megaupload, the massive cyber locker, and its similarly massive leader, Kim Dotcom, a New Zealand court had declared the search warrant served against Dotcom unconstitutional.
This week, the same judge has ruled that the United States government needs to let New Zealand see why exactly they want to extradite Dotcom. You know, so the country can decide if it’s really a good idea to turn over someone to a foreign government.
What a shocking request! Let’s keep reading to see the details of the ruling, as well as additional updates as to what Dotcom is doing to try to pay his lawyers, who thus far have not received a dime for their services….
On many occasions here, we have covered the notion that it seems almost anyone will be allowed, nay, encouraged to practice law in the United States. But it turns out that assumption isn’t entirely correct. For the time being, the bar appears to still be closed to at least one specific group: undocumented immigrants.
That might seem obvious, right? Well, what about an immigrant who was brought here illegally but has been waiting in line for citizenship for almost two decades? Sorry, if the DOJ has its way, no dice…
* In the Apple-Samsung trial yesterday, Apple’s attorneys accused Samsung of intentionally copying the iPhone. Samsung’s attorney was like, Bro, step off. And then Judge Lucy Koh and all the members of the gallery and the jury crowded around in a circle and started yelling Techno-fight! Techno fight! [Wall Street Journal]
* Matthew Kluger, formerly of Wilson Sonsini and more recently convicted and sentenced to 12 years in prison for insider trading, gives an interview about what motivated him to commit his crimes. [Bloomberg]
* France is not happy that Google did not delete all its Street View information from the country after it promised to. Shockingly, some parts of the world apparently still value data privacy. How quaint! [New York Times]
* Former Perkins Coie partner Harold DeGraff must arbitrate his compensation battle with his former law firm. But the process will not have to be kept confidential. [Thomson Reuters]
* I’m pretty sure at this point the DOJ is just consulting a Ouija board in its increasingly feeble attempts to prosecute Megaupload. [Wired /Threat Level]
* UBS is not happy that it lost $356 million on the Facebook IPO. Now it’s suing NASDAQ over the snafu. [CNNMoney]
* Dewey know whether this revised partner contribution plan will be well received? Well, from the looks of it, the firm’s executive committee members are being asked to repay a greater sum of money, so people will probably be happier. [Am Law Daily]
* Arnold & Porter’s William Baer, the man nominated to lead the DOJ Antitrust Division, received a warm reception from the Senate Judiciary Committee, and it was all because of his “if it ain’t broke, don’t fix it” attitude. [National Law Journal]
* What do you get when you cross a Biglaw patent associate from Steptoe & Johnson with an NFL Redskins quarterback? A pretty cool hobby, and a new Adidas commercial. [Capital Business Blog / Washington Post]
* Up next in this judicial gong show, Madam Justice Lori Douglas’s lawyer has asked the Canadian Judicial Council to recuse itself and terminate the legal ethics inquiry against her client. [Full Comment / National Post]
* You saw this coming: attorneys for the man identified as Victim 2 in the Jerry Sandusky trial have released voice mails allegedly left by the former coach, and plan to use them in a civil suit against Penn State. [CNN]
* A lawyer’s former mistress who attempted to kill his wife on several occasions is expected to take a plea deal today in exchange for a 20-year prison sentence. Sounds like a soap opera plot. [Houston Chronicle]
* “Don’t say another word, because you’re just pissing me off.” Former adjunct law prof Clark Calvin Griffith said some interesting things to a judge during his indecent exposure sentencing hearing. [Pioneer Press]
I have said time and time again that electronic privacy is, at best, quickly slipping out of existence, and at worst, already an illusion. That might be overly cynical, but it makes life easier if you can expect that whatever information you post online could realistically, unexpectedly, and embarrassingly, be published and seen by many people. Same goes for your personal consumer information. Advertisers figure out your consumer preferences, the music you like, the food you eat, etc. and so on.
That said, at least some public officials are not yet ready to let privacy fade quietly into the night. The Attorney General of California has created a new organization — a start-up, if you will — specifically to protect individual citizens from “those who misuse technology to invade the privacy of others.” Ooh, methinks that ain’t a bad idea…
It’s been quite a while since we checked in on the ongoing military prosecution of Private Bradley Manning, the United States serviceman accused of leaking hundreds of thousands of confidential documents to Wikileaks.
This week, as the court-martial is still crawling forward, Manning’s attorneys raised the point that it will be pretty hard (read: freaking impossible) to find a military jury that isn’t seriously familiar with his case.
That isn’t totally surprising. When you are the face of the biggest leak of classified information an American history, it’s going to be hard to find “peers” who don’t know who you are or what you’ve allegedly done. So what are you gonna do about it?
Sometimes attorneys are desperate to find a way out of the legal profession. Sometimes that desperation will lead them down a strange road to an entirely new career — and not just a new career, but a new way of life.
Meet Erika Frick, a graduate of Stanford University and Harvard Law School. After graduating from HLS, Frick worked for the antitrust division of the Department of Justice and for the U.S. Attorney’s Office for the Northern District of California. But if you’re a member of the pickup artist community, you know Frick better as Erika Awakening, a New Age life coach and self-proclaimed guru of the seduction community. How frickin’ fabulous is that?
What would cause a Harvard-educated attorney on a rather prestigious career track to turn her focus to the Law of Attraction? Let’s find out….
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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: asia@kinneyrecruiting.com.
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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