When a tipster sent us an e-mail with the subject, “Court awards $700,000+ in sanctions for destruction of FB page,” I thought it sounded like it might be interesting. Because hey, that’s a lot of money.
I didn’t realize it would also be one of the most depressing legal news stories I’ve read since this tragic murder-suicide.
The three-quarters-of-a-million-dollar sanction award was levied against the widower of a woman killed in a car accident and the widower’s lawyer. The ruling was an abrupt table-turn for Isaiah Lester, who had previously won a $10 million wrongful death suit against the driver whose truck overturned and killed his wife.
Like many of my other uber-productive legal brethren, I spend an obscene amount of time on Facebook. In between looking at pictures of friends in slutty Halloween costumes and friend’s babies in slightly less risqué garb, I decided to look for small firms on Facebook. Much to my delight, I found a great Facebook page belonging to the Lee Law Firm. With 5,717 other fans (or are we called something else now on the new Facebook?), I was not the only person to appreciate the firm’s highly effective use of Facebook.
So why do the 5,718 of us dig the Lee Law Firm’s Facebook page? Let me count the ways….
* Only in Texas can a judge get paid leave after a video of him beating his daughter’s ass goes viral. Makes you wonder about the kind of crazy sh*t you’d need to do to get stuck with unpaid leave. [KRIS TV]
* A federal judge has ordered Paul Ceglia to return from Ireland to produce more of his hiddendestroyed missing evidence. Oh, Facebook, always trying to steal his lucky charms. [paidContent]
* Memo to the NBA: you know you’re playing on the wrong court, right? On the bright side, at least we don’t have to worry about this happening with the WNBA. Or anyone caring about it if it did. [Bloomberg]
* Joe Francis is suing over a debt dispute and vows to take the it to the Ninth Circuit if he loses. He needs to realize that no one cares about what he does unless it involves boobs. [Washington Post]
* Don’t be fat and then smush a lawyer at Shea Stadium. You’ll break her back, she’ll sue, and you might be known as the guy who got fat people banned from the upper deck. [New York Post]
Four months ago, you revised your company’s policy on employees’ use of social media. The policy said all the right things: When employees use social media, they should respect the rights of others and treat people with dignity; obey the company’s code of business conduct; maintain corporate confidences; and so on.
Unbelievably, some recent communications from the National Labor Relations Board suggest that each of those provisions (except for the “and so on”) could actually cause your company some labor pains. Why?
Here’s the easy part: The National Labor Relations Act protects employees who engage in “concerted activities” for the employees’ “mutual aid or protection.” Those words apply across the workforce and are not limited to unionized employees. An employee acting solely on his or her own behalf is not engaging in “concerted activities.” On the other hand, consider an individual employee who is working with (or on the authority of) other employees, or is trying to induce a group of employees to act, or is bringing group complaints to the attention of management. The NLRA may protect all of those activities, and an employer may violate the NLRA if it maintains a rule that could reasonably “chill employees in the exercise of their” rights.
What does that mean for the three examples suggested in the opening paragraph of this post?
On Thursday in Pennsylvania, a federal jury convicted Anthony D. Elonis on four counts of threatening his estranged wife, the Pennsylvania State Police, the Berks County Sheriff’s Department, a kindergarten class, and an FBI agent. The vehicle for his litany of threats was none other than Facebook.
The case goes to show that producers of cool heist movies like Ocean’s 11 or The Italian Job have no idea of the context in which your run-of-the-mill petty criminal exists.
What did Elonis threaten to do? Some pretty bad stuff, actually. Keep reading to see why it is lucky he’s no criminal mastermind….
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 protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…