Stripping is supposed to be a lucrative profession — just look at all of the law students racing to the poles in the hopes of obtaining gainful employment. And in some states, bumping and grinding on stage while wearing six-inch lucite heels is even considered an artful expression worthy of protection under the First Amendment. Unfortunately, two lawsuits in New York and Texas threaten to sabotage the erotic striptease entertainment that we’ve all come to know and love.
New York’s highest court is currently considering whether an adult club is entitled to a sales tax exemption for lap dances under the theory that they qualify as “dramatic or musical arts performances.” Meanwhile, in the Lone Star state, a plaintiff in a federal class action suit claims that strippers are misclassified as independent contractors and being forced to live on tips alone.
Now that we’ve greased the pole, let’s get ready for a feature performance from both of these suits….
Remember Sydney Spies, the teenage dream from Colorado who fought valiantly to get her provocative pictures featured in her high school yearbook, all in the name of free expression? Despite the threat of a lawsuit and national media coverage, all of Spies’s racy photos were rejected — but she was able to earn a spot in Americans’ hearts (and spankbanks) around the country.
The young Hollywood hopeful landed a small role in an upcoming SyFy movie, and her mother, Denise “Miki” Spies, was preparing to ship her daughter out to Los Angeles in the hopes of her making it big. Why not throw one last bash to celebrate Sydney’s single success in stardom? And that’s apparently where all the trouble began for this mother and daughter duo.
Little did Sydney and Miki know that their alleged exploits at the party would someday be able to serve as the basis for a Lifetime movie. The pair could face jail time for allegedly serving alcohol to minors — but at least they’re back in the headlines. (And this underage drinking drama could earn Sydney another line on her iMDB profile, so she’s probably patting herself on the back.)
Let’s discuss the charges that the Spies are currently facing, and all of the allegations that make them appear to be quite the hot messes….
The threat of getting sued for libel or defamation has always hung over the heads of media professionals, now particularly so in the blogging era. The truth is always the clearest, simplest defense when faced with libel claims. But there are other, less direct avenues one can pursue as a defense, if need be.
A lawsuit recently dismissed against Gizmodo shows off one of the more commonly overlooked ways to bolster a defense against defamation. Let’s just say there’s often a reason bloggers like to include all those hyperlinks…
Ed. note: This column will be about sports. And the law. And the intersection of those two things. And whatever the hell else Juggalo Law can come up with.
One summer during my childhood, I wanted nothing more than five copies of X-Force number one. I must have spent a solid two months harassing my mother and, when she finally had had enough, she relented, saying she’d buy the comic book for me if I hit a home run in my next little league game. She could have just said no. Because I didn’t stand a chance that summer. I was afraid of the ball and would flinch ever-so-gently as soon as the ball was pitched towards the plate. I’d try to catch up to its trajectory, but I was toast every single time. When the next game arrived, I had forgotten about my mom’s promise. And, in my last at-bat, I flinched, closed my eyes, and then swung at what I could only hope was the ball. Home run. My only home run. My sweetest accomplishment ever in baseball. My only accomplishment, really. As we walked into the house after the game, I loudly reminded my mom of her promise. She shrugged and continued inside. And that’s when my sister asked me one seemingly innocuous question. “What’s that on your pants?” Do I have to tell you, dear readers? Do I have to confess to you that there was urine on my otherwise clean and unfortunately bright white pants, a memento left in loving memory of my fear or my relief or my pride?
Fact is, I can’t really remember why I peed a little. LET’S TALK SPORTS!
* Jason Cai, the software engineer convicted in the spring of murdering a young attorney, was sentenced today to life in prison without parole and ordered to pay more than $700,000 to the slain woman’s family. [Mercury News]
* An appeals court revived a discrimination lawsuit filed by a woman against her employer. And nobody cares. Wait, hold on a sec. Her employer is the Equal Employment Opportunity Commission. What, what, whaaaat? [WSJ Law Blog]
* James Holmes, the man accused of last week’s movie theater shooting spree, has been formally charged with 142 criminal counts. They include 24 counts of first-degree murder and 116 counts of attempted murder in the first degree. [Courthouse News Service]
* The Twinkie defense is so played out. Now, courtesy of an ex-Citigroup employee, introducing the brand spanking new “Where’s Waldo” defense. [Reuters]
* India’s largest and oldest television network has accused Nielsen of violating the FCPA by manipulating viewership data in favor of networks that offer bribes. Say it ain’t so! [Hollywood Reporter]
Why do so many people who might want to harm someone else love to post about it online ahead of time? Not only is it a dumb strategic move — it alerts others to your allegedly nefarious plans, so a potential victim can escape the situation — it also makes it infinitely easier for law enforcement to, like, arrest and prosecute you.
We’ve heard this in various forms before, in regards to a possible mall shooting and laptop thief. But you would think a former prosecutor would know better than to allegedly threaten, via Facebook, to give his boss a whuppin’…
Good. Now bring that hand down in a hard, smacking manner upside your own head.
Traffic cops are the worst cops of all cops and meter maids are the worst of all the traffic cops. Think about it, the entire job of a meter maid involves punishing people for parking their cars — usually in a time and place where the very city they represent has not provided enough parking. What kind of job is that? I feel like everybody should have the right to go Lock Stock on traffic wardens.
Well, maybe that’s going a little far. But you should at least be able to scream at them. That’s a position that the state of Michigan fully supports me on…
Permitting the Government to decree this speech to be a criminal offense would endorse government authority to compile a list of subjects about which false statements are punishable. That governmental power has no clear limiting principle.
Free speech is a complex area legally, but it’s important to recognize that there are distinctions between one’s ability to express an opinion versus one’s ability to use F.C.C.-regulated airwaves to do so, and also one’s ability to engage in speech versus one’s ability to engage in slander.
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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