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]
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 (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), 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.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.