Without access to information, there is no free press. While it was a privilege to argue against Mr. Dershowitz, it was more of an honor to secure a First Amendment win for the press and public.
– First Amendment lawyer Marc Randazza, commenting on his recent win in a case regarding cameras in the courtroom — a win over Harvard Law Professor Alan Dershowitz, who was representing the Las Vegas Sands Corp. (aka billionaire Sheldon Adelson). Randazza also represents Above the Law in various proceedings.
* It’s amazing that sports betting is not legal in New Jersey. What possible moral wackadoodle says that it’s okay to have something like the Jersey Shore (the place, not just the TV show), but you can’t take Michigan to out-shoot the Syracuse zone and then break Louisville’s legs. [Legal Blitz]
* Cloud tools for lawyers. Or as partners understand them: “Newfangled virtual file cabinets.” [Smart File Blog]
* Pro se prisoner wins! He probably wouldn’t have had he consulted a lawyer. [Simple Justice]
We all remember Schenck v. United States, the 1919 decision written by Justice Oliver Wendell Holmes that established the “clear and present danger” test and coined the oft-misquoted line “free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”
Eloquent and well-reasoned.
You know what Oliver Wendell Holmes didn’t say? “Free speech would not protect a man in falsely shouting ‘BINGO!’ in a seniors home.”
While most of you are busily reading about the latest effort from U.S. News to calculate with the incalculable, applying its formula to tease out razor-thin distinctions between law schools, you’re missing the demise of the once lauded Internet prediction site, InTrade. What were the odds?
Over the weekend, the Irish-based website shuttered itself completely, noting in a statement to customers that there may be “financial irregularities.” Uh-oh.
All this comes at the worst possible time for InTrade customers, who were looking to cash in on that sweet, sweet Conclave action…
I’m an old smelly sock, and I’m proud. And I think it’s time to stop the nonsense. After two years of almost relentless attacks on socks, a bit of perspective would be nice.
For at least two years, the popular press, bloggers, and a few sensationalist sandals have turned old smelly socks into the new investment banks. We entice bright young students into our stinky clutches. Succubus-like, when we’ve taken the sweat we want from them, we return them to the mean and barren streets to fend for themselves. Barefoot.
The hysteria has masked some important realities and created an environment in which some of the brightest potential lawyers are, largely irrationally, forgoing the possibility of a rich, rewarding and, yes, profitable, career.
I’m an old smelly sock, and I miss all those bright potential lawyers.
* “[L]awyers aren’t trained as accountants,” but Gibson Dunn, Freshfields, Drinker Biddle, and Skadden may have some splainin’ to do when it comes to Hewlett-Packard’s M&A blowout with Autonomy. [WSJ Law Blog]
* Looks like it’s time for some holiday musical chairs: Dorsey & Whitney’s managing partner Marianne Short will be leaving the firm at year’s end to join UnitedHealth as its chief legal officer. [Twin Cities Business]
* The court-ordered mediation between Hostess and the bakers’ union broke down last night. If Judge Drain approves the company’s liquidation plan, the Twinkie may disappear from whence it came. [Reuters]
* You shall not pass — or use Lord of the Rings characters in online gambling games! J.R.R. Tolkien’s estate is suing Warner Brothers for $80M over improper licensing of the late author’s characters. [Bloomberg]
* Please don’t tickle me, Elmo. One week after an accuser recanted his allegations against puppeteer Kevin Clash, another one filed suit over an underage sexual relationship. [Media Decoder / New York Times]
* There’s nothing like some man-on-man sexual harassment to get you going in the morning. Sparks Steak House paid $600K to settle charges lodged by 22 male servers over an eight year period. [Corporate Counsel]
* Seems like this pulchritudinous plaintiff’s contract case is still kicking, and Emel Dilek testified that sleeping with the boss was “absolutely not” one of her roles during her time at Mercedes-Benz. [New York Post]
* Lululemon and Calvin Klein have settled their patent spat over elastic waistbands on yoga pants. Here’s hoping the Canadian yoga-wear company turned this lemon of a lawsuit into lemonade. [Businessweek]
* What do divorcées do in their spare time? They go to Florida’s $350M courthouse to spray paint it with broken hearts and notes for the judge who presided over their proceedings. [Riptide 2.0 / Miami New Times]
Chris Christie, that redundant rotundity, has taken a vicious beating this week. The party of personal responsibility has personally held him responsible for Mitt Romney’s defeat. And it’s easy to see why. Instead of traveling to Pennsylvania to stump for Romney, he stayed behind in New Jersey so he could spoon some more with President Obama. What does it profit a man who gains a friendship with Bruce Springsteen, but loses his party the presidential election? Hell if I know.
Loads of people are saying that Christie blew his chance at ever being nominated by the Republicans because of his a-hugging and a-kissing on President Obama. I don’t know about all that. The fact is, Christie has and had about as much a chance at the Republican nomination for president as Rudy 9-11 before him. Just as that lisping vampire couldn’t have won a nationwide nominating process if the excess saliva in his mouth depended on it, so too was Christie doomed. The sort of abrasive politics that Christie practices may have found its level in the New Jersey governorship. And that’s probably okay.
* Concussion litigation expert Paul D. Anderson discusses the nitty-gritty of all those football players suing because their job may have gave them brain damage. [Legal Blitz]
* In unnerving lawyer news, a Seattle litigator was arrested on accusations of sexually assaulting a masseuse at knifepoint. [Komo News]
* And on the other side of the country, a Pennsylvania attorney was specifically targeted in a home invasion that left him in the hospital with gunshot wounds. What is wrong with people this week? [Philadelphia Inquirer]
* This whole disastrous domestic dispute-turned-shooting could have been avoided by marrying a dog-lover instead of a cat lady. [Legal Juice]
* Casino magnate Sheldon Adelson explains why he’s putting all his chips on Mitt Romney. [Huffington Post]
* Here are some tips on acing your call-back interview. Seriously though, you really only need one item: a Trapper Keeper. [The Careerist]
While liberals and the “lamestream media” are fixated on the planks dealing with “abortion” and “gay marriage,” the platform includes some lower-profile planks worth checking out. Here are five that stuck out to me as a lawyer….
Ed. note: This new column is about sports and the law. You can read the introductory installment here.
In June of 2005, my girlfriend asked if we could go see War of the Worlds. Tom Cruise was flying high, engrossed in a love that would last forever, and starring in a blockbuster that was getting okay reviews. While I was never a huge fan of popcorn movies, I relented. After two solid hours of explosions and other loud noises, I walked away surprisingly impressed with the effort. While the Academy may ignore this film, I thought, I had had a damned good time. The very next weekend, I visited home and caught up with my father. I told him that I thought War of the Worlds was pretty enjoyable and, since I knew he had seen it with my mother recently, I asked him if he agreed. His face puckered sourly and he muttered “No…no.” Then I launched into a litany of guesses, all wrapped in a pseudo-intellectual pose, as to why he disliked the film. Well, sure, it was a silly action movie, but you could do far worse. Spielberg may have “grown up”, but he was still a populist director at heart and quite good at directing the kind of movies that Michael Bay was consistently f**king up. And sure, it wasn’t deep and didn’t leave me with anything besides the faint memory of two enjoyable hours. But wasn’t that enough? Dad patiently sat there as his son prattled on for a bit. When I was finally winded, he said “You want to know why I hated that movie? You know that scene in the beginning where Tom Cruise is playing catch with his son?” Sure, I replied. “Well, Tom Cruise throws a baseball like a goddamned girl. He pushes the thing. PUSH. PUSH. How did you not catch that!? It’s plain as day. And I’m supposed to think he’s a hero!?”
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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 firstname.lastname@example.org 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;
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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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