Welcome back to Above the Four Loko. In today’s episode, we find that the drink that used to combine alcohol and caffeine in really obvious ways has settled a false advertising suit with the Federal Trade Commission.
As we’ve discussed often with Four Loko, the alcoholic kick IS the appeal of the product. This drink is not getting by on its taste.
But it appears that regulators can’t grasp this simple point. So, as part of the settlement, Four Loko is being forced to make it more obvious just how potent their drink is.
Every once in a while, we talk about fashion here at ATL, such as our recent post on the Chicago Bar Association’s (confusing) advice for how legal types should dress.
But the real experts on fashion here in the Breaking Media offices are the ladies at our sister site Fashionista. They’ve recently weighed in on how Ann Taylor LOFT got around the new FTC regulations for bloggers and on Fordham University’s new Fashion Law Institute
Given students’ difficulties finding “regular” law jobs, Fordham is apparently thinking outside of the box. Elle Woods would be proud.
If so, then Uncle Sam wants you. The feds need your valuable skills — badly.
First the Department of Justice produces original documents, instead of copy sets, to Congress. And now, the AP reports on a screw-up by the FTC:
Lawyers for the FTC electronically filed documents as part of [its] court case [challenging the Whole Foods purchase of Wild Oats] yesterday afternoon. Court officials realized the redacted portions of the document could easily be read and blocked it from being downloaded from court computer servers. The Associated Press downloaded the document from the public server before it was replaced by a properly redacted version.
In the original version, the words looked redacted but were actually just electronically shaded black. The words could be searched, copied, pasted and read. The second version of the document was filed using scanned pages of the redacted documents. There is no way to remove the blacked-out portions from the final copy.
In a statement late Tuesday, Whole Foods said it was investigating the “apparent improper release by the Federal Trade Commission of confidential proprietary business information.”
* Wow, talk about passive-aggressive behavior. (The husband, not the wife.) [Island Packet]
* The FTC may be good at many things, but creative punny language is not one of them. [Truth on the Market]
* Sexual harassment: once a dog, always a dog. [Reuters / Oddly Enough]
* I blame the same wiring responsible for guys’ breasts-as-stimuli reaction for the double take on that guy with the Che Guevara neck tatt. Reflex trumps judgment. [Agoraphilia]
We’ve all done it: Use of office resources for personal purposes. Maybe you take the occasional personal call on your office telephone. Maybe you used the work fax machine to receive a one-page tax document from your accountant. Maybe you took some paperwork home with you one night, along with an office-issued ballpoint pen, and later used that pen to take down your mother’s chicken casserole recipe, as she read it to you over the phone.
If it’s de minimis use, then it’s okay. But this might have been, um, de maximus:
According to court records, while an attorney in the FTC’s Bureau of Competition, Seth Zimmerman used his office’s Federal Express account to send Redskins tickets to eBay bidders….
The FTC says he cost the federal government $1,938. FedEx also says it lost $3,880 due to the discount shipping rate given to the federal government. According to the plea agreement, Zimmerman also profited by charging each buyer an additional $12 fee for the FedEx delivery.
Two grand strikes us as a sizable sum. But there is room for argument. Zimmerman might respond: “Come on, feds, lighten up! Isn’t that just, like, three Pentagon toilet seats — not even the padded kind?”
So how was the fraud detected? Was an elaborate investigation required?
In August 2004, investigators at the Office of Inspector General for the FTC were contacted by people complaining that tickets they bought from Zimmerman on eBay were never delivered.
What could have been some difficult Internet sleuthing was made easier because Zimmerman used his FTC e-mail address to set up his eBay account. The inspector general subpoenaed records from eBay showing that Zimmerman had been buying and selling tickets on the site since 2001.
Seth, it’s called Gmail. Try it, you might like it.
(Yes, we know: even if Zimmerman had used Gmail, if he used it from his work computer, messages could still be traced back to him using his IP address. But at least then the investigators would have WORK a little to uncover his identity, instead of having it served up on a silver platter.) Penalty Box: FTC Lawyer No ‘Overnight Sensation’ [Legal Times (pass-through link) via NYLawyer.com]
The latest news on the most notable moves within the profession: Government to Private Sector:
* Seth Silber, to Wilson Sonsini (as counsel), from the FTC. (Quips our tipster: “What a lovely week to join that particular firm!”) New Office Openings:
* Crowell & Moring — aka “Cruel & Boring”*** — is opening a New York office. They’ve grabbed litigator William McSherry, from Arent Fox, and patent lawyer Janet McLeod, from Dorsey & Whitney, to kick things off.
* The exceedingly profitable, Houston-based Susman Godfrey is opening a New York office, headed by name partner Stephen Susman. Lateral Private Sector Moves:
* Bankruptcy guru Paul Basta, to Kirkland & Ellis, from Weil Gotshal & Manges.***
* Patent litigators Joseph O’Malley and Bruce Wexler, to Paul Hastings (NY), from Fitzpatrick, Cella, Harper & Scinto.
*** “Cruel and Boring” is just a silly nickname for Crowell & Moring that we’ve heard around town. We have no idea as to whether it has any factual basis. We just think using nicknames for law firms is fun. Other law firm nicknames we’ve heard: Weil Gotshal & Manges = “We’ll Getcha & Mangle Ya” (self-explanatory); Cravath Swaine & Moore = “The Death Star” (self-explanatory); Davis Polk & Wardwell = “The Teahouse on Lexington Avenue” (for their penchant for hiring geishas attractive Asian-American females — don’t get mad at us, we didn’t make it up).
(Feel free to add more law firm nicknames in the comments to this post.) On The Move [Antitrust Review] Basta Says Hasta to Weil Gotshal [WSJ Law Blog] DC Firm Opens NY Office [NYLawyer.com] Houston Firm Opens Manhattan Office [NYLawyer.com] Firm Adds NY Patent Litigators [NYLawyer.com]
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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