Chilis, Sugar, Salt, Garlic, Distilled Vinegar, Potassium Sorbate, Sodium Bisulfate as preservatives, and Xanthan Gum.
That’s how you make Sriracha sauce. Is it tasty? Sure. Does a hipster-filled Asian restaurant absolutely reek of the stuff? Yes.
Now imagine what it smells like to live next to the Sriracha factory where they mass produce that stuff, pumping out a dense cloud of vaporized high-octane chili vinegar 24/7. The residents of Irwindale, California don’t have to imagine, and the city has decided it’s sick and tired of living next to the cock-emblazoned factory and filed suit to shut down the plant.
It hasn’t taken long for the short-sighted, “screw lawyers” media narrative to take off…
* The latest patent reform bill up for debate promises that it will put an end to the trolls by forcing them to do more work before filing suit. If only it were that easy to keep the trolls at bay. [National Law Journal]
* Do the hustle, and blame it on Becca! A jury has found that Bank of America is liable for selling defective mortgages, and the potential penalty could be up to $848 million. [DealBook / New York Times]
* Since the law was puff, puff, passed, lawyers in Washington State have politely asked their Supreme Court if and when they’ll allowed to smoke weed and represent clients that sell it. [Corporate Counsel]
* Class certification in the Alaburda v. TJSL lawsuit over allegedly deceptive employment statistics has officially been denied. We guess that all good things must come to an anticlimactic end. [ABA Journal]
* Another law school gets it: the U. of St. Thomas will its freeze tuition at the low, low price of $36,843, allowing students to pay a flat fee for all three years of education. [Campus Confidential / Star Tribune]
* Michael Skakel, the Kennedy cousin convicted of killing, was granted a new trial due to ineffective assistance of counsel. Getting away with murder? Aww, welcome to the family, Mike! [Washington Post]
* A look at how one expert witness helped Mark Cuban win in the insider trading case. The government should have hired the Spurs — they figure out how to beat Mark Cuban constantly. [The Expert Institute]
* This guy forgot to book a wedding venue and rather than admit it, called in a bomb threat. How mean would his bride-to-be have to be for him to commit a crime rather than disappoint? So anyway, he’s going to jail now. [Associated Press]
* Man arrested for punching a police horse. I mean, Mr. Ed shouldn’t have mouthed off like that. [Slate]
* The chief of FERC will be joining a top law firm in Portland. Someone send Jon Wellinghoff a complete box set of Portlandia so he knows what he’s getting into. [Breaking Energy]
I met Robert F. Kennedy Jr. once. In college, a group I padded my résumé with hosted Mr. Kennedy for a speech. I remember him being a bit of a frosty prick, but he didn’t seem uniquely so. As aloof as a successful person who was born into “American royalty” might be expected to be. His vocation was saving the world via environmental activism and his voice was reedy and fragile, seemingly one solid throat-clearing away from productive use. There was a dinner held for him. It was lame and sad. A wan salad and food-service chicken breast, covered in food-service tomato sauce. During his speech, Kennedy upbraided a young idealist for his recycling, which wouldn’t accomplish much in Kennedy’s mind. Corporations wouldn’t be moved by this crunchy college kid’s quixotic trash-collection fetish.
I remember all these details from a thoroughly unremarkable speech and event and yet today I feel like my memory is somehow porous and unreliable. Because in all those bits of detail, I don’t have any memory of a straight-up horndog, macking on the finest ladies the University of Kansas had to offer. Must have been a “victory” day for RFK 2 (explanation to come).
Yesterday, the New York Post published a few scant details from a “sex diary” Kennedy allegedly kept in 2001 — a tale of sexual conquest and Catholic guilt. According to the Post, this environmental lawyer and Kennedy bro unfortunately chose to memorialize his own insane solipsism.
There are those who look at famous lawyers who leave a trail of incriminating evidence and ask why? I dream of sex diaries that dare to be read and ask, why not?…
* The Department of Justice won’t be harshing anyone’s mellow in Washington and Colorado just yet, because Eric Holder has more important things to do than to get involved in people’s pot. [CNN]
* The IRS will now treat all legal gay marriages the same as straight marriages for tax purposes, no matter where the couples live. That’s absolutely fabulous! [Federal Eye / Washington Post]
* Howrey going to deal with all of Allan Diamond’s unfinished business claims made as trustee on behalf of this failed firm? By claiming as a united front that “[c]lients are not property,” even if we secretly think they are. [Am Law Daily]
* In this wonderful post-Windsor world, the parents of a deceased Cozen O’Connor attorney are appealing a judge’s ruling as to the dispensation of their daughter’s death benefits to her wife. [Legal Intelligencer]
* Reduce, re-use, and recycle: environmentally friendly words used to reduce a Biglaw firm’s carbon footprint, not the number of its lawyers. Say hello to the Law Firm Sustainability Network. [Daily Report]
* Disability rights groups are coming forward to defend California’s LSAT anti-flagging law because the amount of extra testing time you receive should be between you and your doctor. [National Law Journal]
* If you thought Charleston School of Law was going to be sold to the InfiLaw System, then think again. The law school is up for grabs on Craigslist. Alas, the “[s]tudent body has been used.” [Red Alert Politics]
If you’re interested in purchasing Charleston School of Law, keep reading to see the ad (click to enlarge)…
A deadly explosion killed eight people and destroyed 38 homes in San Bruno, California on September 9, 2010. The cause of the destruction was a natural gas pipeline owned by Pacific Gas & Electric that ran underneath the homes.
The subsequent investigation turned up a litany of failings on PG&E’s part that contributed to the explosion. PG&E’s regulator, the California Public Utilities Commission, issued a recommendation that PG&E pay no fine, noting that the money the company was spending to modernize its pipelines to prevent future accidents was punishment enough.
This is when a number of CPUC attorneys took a stand against their boss, and their boss clumsily aired the office turmoil in public. And, yes, this all eventually involves the Taliban and a gun-toting enforcer…
Ed. note: Above the Law will not be publishing on Monday, May 27, in observance of the Memorial Day holiday.
* Manhattan Justice Paul Wooten has ordered CBS to produce all emails between it and the Brooklyn DA’s office concerning “Brooklyn D.A.” and ordered a hearing this afternoon. CBS attorneys are irritated. Now they know how everyone feels when they have to watch Two and a Half Men. [WiseLaw NY]
* Lois Lerner, the embattled IRS supervisor at the heart of the recent scandal, invoked the Fifth Amendment in her congressional hearing, but in a way that may open the door to contempt. Ironically, maintaining innocence while invoking the Fifth opens one up to “heightened scrutiny.” As noted in Morning Docket, she’s been put on administrative leave. [Simple Justice]
* T.J. Duane, a co-founder of Lateral Link, was named one of the 17 Stanford business students who is going to change the world. Duane is working on technology to “provid[e] solo and boutique attorneys the benefits without the drawbacks of big law.” That’s much better than my proposal to provide solo and boutique attorneys the drawbacks without the benefits of big law, which is just a device that passive-aggressively second-guesses every decision a lawyer makes. [Business Insider]
* The U.S. Chamber of Commerce has asked theSupreme Court to uphold the D.C. Circuit’s decision holding Obama’s NLRB recess appointments unconstitutional because the appointments caused “major confusion for both employers and employees alike.” They’ve got a point. Not having a quorum on the NLRB because the Senate refuses to confirm anyone and plays parliamentary games does provide certainty… the certainty that the NLRB cannot function and it’s a free-for-all against workers. [Free Enterprise]
* Law school applications are down, but not as drastically as expected. [Faculty Lounge]
* In any event, law schools are facing an economic reckoning dubbed “Peak Law School.” [Lawyers, Guns & Money]
* A new CBO report analyzes the impact of a carbon tax, in case you’re preparing to start papering cap-and-trade deals. [Breaking Energy]
* Do potential clients really care about social media? I “Like” this story. [Associate's Mind]
* Courtesy of the ABA Journal, you can check out the swag Chief Justice Roberts and Eric Holder got from foreign nations in 2010 after the jump…
* NY Attorney General investigating fast food restaurants for shorting their employees. This is a worthwhile cause, but what he should be looking into is who ate the bones? [CNN]
* Two schools, University of Mary Hardin-Baylor and York College of Pennsylvania admit they gave false information to U.S. News resulting in better rankings. Those were their BETTER rankings? [TaxProf Blog]
* To keep “misleading statistics” in perspective, the Department of Education leveled one of its steepest fines on Yale for covering up multiple “forcible sex offenses” to keep its campus safety statistics down. [Chronicle of Higher Education]
* A measure of resource governance finds the U.S. has the second best governance of its oil, gas and mining sectors. Give yourself a hand regulators. And we’re gunning for you Norway! [Breaking Energy]
* The Honorable Felicia Mennin does not grasp how time works. Thinks artist should have been more conscious of the public fear surrounding the Boston bombings… back in February. [New York Times]
* Congratulations readers for helping the profile of a White House petition to reform student loan policy. Here are a couple more if you feel like making more reforms to the process… or at least more suggestions for reforms that will sit on someone’s desk. [Whitehouse.gov and Whitehouse.gov]
* Is political intelligence practice too risky? Is political intelligence an oxymoron? An interview with Robert Walker of Wiley Rein LLP after the jump [Bloomberg Law]
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
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: