Last year, a New York judge denied a motion to dismiss made by Allen & Overy in the sexual harassment case brought against the firm by the former associate known as Deidre Dare (aka Deidre Clark). “And thank God for that,” as Clark herself said.
We have nothing against Allen & Overy; the Magic Circle member is one of the world’s finest firms. It’s just that if the lawsuit had been dismissed, we would have been deprived of this amazing video of a managing partner reading pornography aloud during his deposition.
Yes, we know that watching video is tough for those of you who are reading us at work. But close your office door, or don your headphones, or put a reminder in your calendar to watch when you get home tonight. This short clip is worth it….
* 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]
* The Poly Prep alumni who settled their sex abuse suit against the school are going after O’Melveny & Myers for allegedly playing a part in prolonging the litigation by doing what lawyers do best: lying. [Am Law Daily]
* If you’ve got a case up on appeal and you’re like a virgin, giving oral (arguments) for the very first time, then you should probably consider taking a look at the top 10 tips that’ll help you to prepare for it. [The Recorder]
* The California Supreme Court denied petitions from Proposition 8 proponents seeking to enforce a ban on same-sex marriage across the state. Kamala Harris, the country’s best looking AG, approves. [BuzzFeed]
* The Chapman School of Law will change its name after receiving the second-largest donation ever made to a law school. N.B. The donor isn’t a law school graduate, which certainly explains why he has cash to spare. [National Law Journal]
* Keep ya head up: Legendary lawyer Roger Rosen, whose clients range from O.J. Simpson to Phil Spector, will hang up his shingle to avoid prosecution for leaking info to Tupac’s killers. [New York Post]
* Just think, if the judge in Paula Deen’s case had permitted counsel to stay discovery, perhaps the celebrity chef wouldn’t have been able to serve up a slice of her piping hot racism casserole. [Daily Report]
When it comes to the deposition process, it can get painfully boring for everyone involved. That’s why we love it when deponents spice things up by telling attorneys to “suck [their] dick,” or by accusing counsel of asking “stupid-ass questions.”
Sometimes, even the lawyers get involved in the fun, by drawing pictures of male genitalia or asking probing questions like, “So, your jurisprudential hymen is being ruptured?” We thought that we’d seen it all when it came to deposition antics, but it seems that we were incredibly mistaken.
Has a naked man ever interrupted one of your depositions?
Place eight metric tons of butter in large mixing bowl.
Add 16 kilos of salt.
Mix in buttermilk, meat product, and two eggs.
Fry in LOW FAT cooking oil.
Inject directly into carotid artery.
Serves one baby.
— Every Paula Deen recipe ever.
By now, many of you have heard about Paula Deen’s ridiculous deposition, in which she basically admitted that she’s a horrible racist who thinks slavery was funny. But since she made a career off of being a random woman who cooks like she thinks heart disease is funny, I already have a hard time taking anything she says seriously enough to be outraged by it.
So, how about this, I won’t act like Paula Deen’s views on a “perfect Southern wedding” speak for all Southerners, and Southerners won’t feel the need to reflexively defend the offensive and racist views of Paula Deen. It’s one thing to live in the South and like butter. It’s another thing to wish for a “bevy of tap dancing little n***ers” at your brother’s Southern wedding….
Sometimes, we care about questions. Sometimes, we care about answers. Sometimes, we care about both.
When you’re reporting on a situation, remember that.
I see many, many interview reports that unnecessarily include questions when the reader cares only about answers. If you’re interviewing a witness, and the witness lived the facts (and you personally know bupkis), then we really don’t care about your questions; we care only about the witness’ answers.
So, when you’re reporting on your interview of the witness, do not assign an abbreviation to your name (Mark Herrmann, hereinafter MH), an abbreviation to the witness’s name (The Witness, hereinafter TW), and then report on your questions as though they mattered:
“MH asked . . . . TW responded . . . . MH followed up by asking . . . .”
We care only about the facts — which the witness knows, and you do not — so report only the facts:
“According to the witness . . . .” Your name should appear no more than once in the entire report, so we know who conducted the interview.
That’s a situation where we care only about answers. But there are other situations where we care only about questions . . . .
* The National Labor Relations Board, now with fewer recess appointments! Partners from Arent Fox and Morgan Lewis were nominated to fill seats necessary for the board’s quorum. [National Law Journal]
* Shearman & Sterling seems to be bucking the Biglaw system. The firm is cutting pay for high earners and increasing it for lower-ranking attorneys. We’ll probably have more on this later today. [Reuters]
* Dentons (formerly known as SNR Denton) recently poached a six-partner team led by Stephen Hill from Husch Blackwell to bolster its white collar practice. Welkom too teh furm, guise! [Am Law Daily]
* “It is technically more legal to screw a walrus than to get gay married.” You know you live in a very sad place when not only do article headlines like this exist, but they’re also CORRECT. [Death and Taxes]
* An American Eagle pilot is facing attempted drunk flying charges. Yes, that’s a thing, but come on now, anyone who’s seen the movie Flight knows you can fly a plane while you’re wasted. [Bloomberg]
* Lindsay Lohan blew off a deposition in Los Angeles yesterday. Cut the girl some slack; she had to appear on the Late Show with David Letterman, which was way more important. [Contra Costa Times]
Back in September, we declared that Lil Wayne was the best celebrity deponent of all time, but now we may have to take back that title and hand it over to Lady Gaga, who recently proved herself to be a gigantic bitch on the record in sworn deposition testimony.
In case you were unaware, Lady Gaga is the queen of all things fabulous. She can get away with wearing things — like dresses made entirely of meat, plastic bubbles, and Kermit the Frogs — that not even Madonna would consider. Her little minions monsters span the globe, and will jump to defend her highness at a moment’s notice. Her lyrics are powerful and awe-inspiring, and she’s a major proponent of gay rights, worldwide.
And last, but certainly not least, she’s a true New Yorker, as is evidenced by the f**k-laden deposition transcript that the New York Post got its grubby little hands on….
I later found out that during this whole period of time… when I was being romanced by Citibank, that they had reason to believe — in fact, they knew — that Howrey was in default of material covenants, and they didn’t tell me that.
– Stephen O’Neal, a former partner of Howrey LLP, in a deposition in his pending litigation against Citibank. O’Neal and another former Howrey partner, David Buoncristiani, allege that Citibank committed fraud by encouraging them to finance their capital contributions with Citi, claiming that Howrey was financially sound when the bank knew Howrey wasn’t.
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: