(1) Monopolies are generally illegal.
(2) Like baseball, patents make monopoly laws get a little funky.
(3) Courts really really really like to encourage settlements.
So, when two companies get together, and work out a settlement that makes a whole patent infringement lawsuit go away, and the only objection is that pesky Federal Trade Commission complaining that the settlement is anticompetitive, you can understand why a federal court could meditate on points (2) and (3) and dismiss that FTC complaint.
Yet, in FTC v. Actavis, the Supreme Court yesterday made it harder to settle some patent infringement suits, saying that sometimes a settlement of a lawsuit can be an antitrust problem.
* If you have an erection that lasts waaaaaaay longer than four hours, file suit. [Delaware Online]
* A New York-area law student wants a tutor to help with the law review write-on competition. For the low, low price of $35/week. Eh. It’s better than contract work in most markets (in case the link breaks I’ve got a screenshot). [Craigslist]
* What the hell, here’s another job listing. Highlights: Unpaid summer associates, fighting for $12/hour positions, with one voted off the island every few days. The new economy is awesome! (Screenshot here.) [Craigslist]
* Patriarch Partners founder and CEO Lynn Tilton, known for saying, “There are three universal lies: Margins are weak, but we’ll make it up in volume; the check’s in the mail; and I won’t come in your mouth,” prevailed in MBIA’s suit against her. [DealBreaker]
* The federal government has made legalized pot difficult for states. Now the burgeoning pot industry is lobbying Congress to change federal laws to make their jobs easier. Come on pols, it’s time to turn your “pro-business” rhetoric to action. [TaxProf Blog]
* Republican master spin doctor Frank Luntz is looking into how the Washington Redskins could save their name. This all grows out of the efforts of George Washington Law Professor John Banzhaf (second link) to push the franchise to change its name by lobbying broadcasting regulators to penalize broadcasters for repeating the slur that passes for a mascot. [PR-Inside]
* Pennsylvania Supreme Court Justice Seamus P. McCaffery is enjoying an FBI probe into the fact that his wife — and chief aide — earned massive referral fees for sending clients to personal injury firms while working for the court and skirting the rules established by the chief justice. Given the amounts involved, I clearly need to get into the referral business. [Philadelphia Inquirer]
* I’ve given Texas a hard time over the last week, but the Texas Court of Appeals for the First District did a little to redeem themselves with this opinion citing legal luminaries Patsy Cline and Daft Punk. Full opinion after the jump. Relevant cites on Texas Courts. Check it out…
We’re going to talk about a$$holes today, class. Specifically, we’re going to talk about the way in which our society exalts certain bullies — the successful ones, I guess you’d say. If you’re laboring under a mountain of garbage work at a big law firm right now, you’ve probably run into a few of these. They’re your bosses. Because, if there’s any rule more reliable than gravity, it’s that the legal profession is thick with barely-functioning sociopathic goons who are sadistic to a degree rarely seen on Animal Planet. These a$$holes are lauded for their rainmaking potential and their ability to camouflage any recognizably human trait hidden deep within themselves. They are terrible and they probably run your life. So it goes.
But another class of individuals not far removed from the Biglaw freak show are those coaches (especially football) who are recognized as geniuses. Those successful coaches who look across the human landscape and only see so much raw material. So many interactions that must be scripted and manipulated in order to win some g-danged ball games. Genius has never been so depressingly common. But it’s from this class of individual that we build great hoary temples of cliche. Management principles, warfare strategies, motivational seminars, successories, visualization and actualization. This mountain of detritus is sustained by a steady stream of manure emanating from our nation’s greatest a$$holes. This, of course, is not meant to tar all coaches with this brush. Many coaches manage to retain some shred of their humanity while navigating the make-believe combat of their chosen sport. These coaches are usually losers, of course. But still. They exist.
Mike Gundy is not one of these exceptions. Mike Gundy is an a$$hole.
* The International Trade Commission has banned the importation of older iPhones and iPads for patent infringement based on a standard-essential patent. Don’t know what that means? Well, it’s kind of a big deal. [FOSS Patents]
* A federal judge likens herself to the Hulk because she lengthens sentences over the objections of prosecutors. When we first wrote about Judge Rose, Staci felt the one Senator voting against her confirmation needed a good reason. This is that reason. [Des Moines Register]
* Student trolls law professor to get grades posted before she can finish the professor’s book. The race is on! [Josh Blackman's Blog]
* As previously mentioned, THE Ohio State University President Gordon Gee was in hot water. Now he’s been s**tcanned retiring. Louisville basketball coach Rick Pitino declared Gee a “pompous ass.” One tipster noted, “Pitino Rick is an expert on the subject of pompous. Restaurant Sex too.” [CBS Sports]
* Lots of lawyers are former debaters. If you are looking to give back, there’s a new organization trying to raise money for high school debate in Kalamazoo. I mention this partly because I care about the cause, but mostly because I like writing Kalamazoo. [Go Fund Me]
* After reviewing the mindblowingly crazy BARBRI lecturer vid yesterday, Themis sent us a couple of their bar prep vids. Enjoy after the jump…
Believe it or not, this is what Amanda Bynes looks like these days.
The DA and my lawyer talked today. They have no proof of drugs on me or around me at anytime during the arrest of after. All I’m becoming is more famous! Thanks for lying about me!
– Amanda Bynes, tweeting an update about her pending legal case. Tweeting out updates? This won’t end well. And, no honey, you’re not becoming more famous. You’ve quit acting and become a tabloid punchline. Unless this is all a prelude to a Robert Downey, Jr.-style comeback, this isn’t helping.
* America, you won’t have Michele Bachmann to kick around anymore! The political equivalent of comic relief announced that she will not seek another term. [CNN]
* Eric Holder testified that he would support reform of the ECPA. Apparently this newfound love of electronic privacy doesn’t extend to the Associated Press. [IT-Lex]
* Atlanta is soon to host its Battle of the (Lawyer) Bands. LawJam 2013 is set to rock Atlanta like a litigious hurricane on June 8. Last year featured bands like Mikey Mel & the JDs, so you have a sense of what you’re getting here. [Atlanta Bar Association]
* The CFTC had no idea how to do its job? Say it ain’t so! [Breaking Energy]
* So the sequester has an advantage! Cocaine is going to get cheaper! [Breaking Defense]
* Paul Caron has acquired a 100 percent ownership share of the Law Professor Blogs Network. Congrats! [TaxProf Blog]
* Woman acquitted of manslaughter responds in the best way ever. Video after the jump…
Ah, Memorial Day Weekend. The unofficial start of the summer. I’ll be spending it grilling out in my backyard and interviewing potential nannies (third time’s the charm).
If I knew either of these state judges, my holiday might also involve really good drugs. If you think about it, local judges should have great connects. And today, we’ve got two stories about judges who allegedly used those hook-ups to get access to loads of blow for themselves and friends.
Just stay safe. One judge’s friend (who was also a judge) ended up dead while lying on top of some cocaine…
* “Journalists should not be at legal risk for doing their jobs.” Thanks Obama, but AG Eric Holder was the one who kind of signed off on the James Rosen search warrant. [Open Channel / NBC News]
* The chief judge of the D.C. Circuit apologized for a lack of transparency in the James Rosen probe, and this is one of the least embarrassing things that happened this week. [Washington Post]
* Despite having “done nothing wrong,” embattled tax official Lois Lerner announced she’s been placed on administrative leave in light of recent events. I salute you, fellow WNE grad. [National Review]
* Watch out, patent trolls, because this proposed bill might actually be — gasp! — helpful. If enacted, the Patent Abuse Reduction Act’s goal is to help keep discovery costs down. [Hillicon Valley / The Hill]
* It’s a hell of a drug: for some lawyers, the sequester won’t be such a bad thing after all, because Coast Guard and Navy forces won’t be available to intercept 38 tons of cocaine. [Breaking Defense]
* Proskauer Rose’s ex-CFO, Elly Rosenthal, has cut down her $10 million suit against the firm to just one allegation. She claims the firm fired her solely for her diagnosis of breast cancer. [Am Law Daily]
* The Boy Scouts of America will now admit openly gay youths into their ranks for the first time in the history of ever. You should probably “be prepared” for a flurry of litigation over this. [New York Times]
* A mistrial was declared in the penalty phase of the Jodi Arias murder trial. Ugh, come on with this, the Lifetime movie is already in post-production! How on earth are they going to work this in? [CNN]
As we mentioned in Morning Docket today, Gawker has a story about the Mayor of Toronto, Rob Ford, smoking crack.
It’s a delightful tale about how a conservative was apparently caught on a camera phone smoking crack, slurring his speech, and calling people fa**ots. The full video isn’t available, because of course the people who shot it want money. If you want to contribute to that cause, Gawker has set up a Kickstarter fund to buy the video.
That’s all well and good. Personally I would now like to see Anthony Weiner and Rob Ford face off to become the next mayor of Buffalo. But this afternoon I really want to focus on the lawyer Rob Ford apparently hired to try to kill the Gawker story. Because Saul Goodman, he is not…
A college graduate without student loan debt is akin to reading a kind quote about Kim Kardashian in a tabloid—it’s rare.
In the past eight years, student loan debt has nearly tripled to a whopping $1.1 trillion, and in the past 10 years, the percentage of 25-year-olds with such debt has risen from 25% to 43%
It’s gotten so bad, in fact, that New York Fed economists warned last month that the burden of student debt could stilt consumer spending by twentysomethings, as well as further hamper the recovery of the housing market and economy.
To get a better idea of what massive student loan debt (we’re talking over $100,000 massive) looks like, we talked to an attorney who graduated with a large student loan debt. We also consulted LearnVest Planning Services CFP® Katie Brewer to see just how their repayment plans stack up.
S. Fischer, 36, Attorney Graduated: 2001
How Much I Borrowed: $100,000
What I Still Owe: $45,000
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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: firstname.lastname@example.org.
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.
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