Facebook goes on the offensive to protect its founder from a man it says is a scammer
When Facebook called Paul Ceglia, the man who claims to have a contract with Mark Zuckerberg for half of Facebook, an “inveterate scam artist,” Ceglia’s lawyers at DLA Piper replied that the company had no facts to back that claim up. “We are prepared to move the case forward into discovery and our client looks forward to his day in court,” said DLA.
Facebook is ready for discovery too: their lawyers at Gibson Dunn have filed to expedite it. Their attached memorandum of law makes a strong case against Ceglia. Facebook’s hoping to give Ceglia his day in court, but it’s hoping that it’s a criminal court.
Facebook wants the original version of the contract that Ceglia claims Mark Zuckerberg signed and the emails that Ceglia said were exchanged regarding that contract. Facebook says they’re as fake as that app that claims to let you see who your Facebook stalkers are. To support their claims, they’ve dug into the dark corners of Ceglia’s past, mentioning again his drug and fraud convictions as well as disclosing a land scam that Ceglia has allegedly been running for years, that had not previously been discovered. Note to self: do not sue huge corporation with any potential skeletons in the closet.
If the allegations Facebook’s lawyers make are true, Ceglia could end up with prison time instead of a hefty chunk of Facebook stock.
Facebook and Mark Zuckerberg respond to Paul Ceglia, the wood chipper who claims to own half of Facebook
Now that the Winklevoss twins have been sent packing by Chief Judge Alex Kozinski (with a kick in the ass on the way out the door from the rest of the Ninth Circuit), with a 0.00% chance of the Supreme Court taking their case, Facebook’s lawyers can focus on the latest “Actually, I Own Facebook” lawsuit.
Paul Ceglia claims to have a contract with Mark Zuckerberg that entitles him to half of the company. Zuck supposedly signed away a stake in Facebook in 2003 while a Harvard undergrad in exchange for $2,000 in seed money from Ceglia.
In an amended complaint filed in April (with the help of DLA Piper), Ceglia claimed to have some damning emails from Zuckerberg where they discussed “the face book” project at length. Ceglia said the emails showed that Zuck deceived him, allegedly telling him the site was not very popular with the Harvard kids, and asking him if he would like his $2,000 back — at the same time as Zuckerberg was moving out to California to ramp up operations.
Lawyers at Gibson Dunn filed Facebook’s response to Ceglia’s lawsuit this week, calling him a scam artist and saying that the contract he claims to have is “doctored” and that the evidence he has produced is “fabricated.” Here’s the scorching opener to the answer, which was certainly written as much for the media as for the judge….
* The Supreme Court heard arguments yesterday in a lawsuit asking courts to force major companies to reduce greenhouse gas emissions. Sotomayor spent the entire oral argument asking attorneys how she could fit more Miami Sound Machine on her Zune. [New York Times]
* Louisiana Governor Bobby Jindal, who can be seen every Thursday night on 30 Rock playing Kenneth the Page, shares none of Jan Brewer’s qualms about a “birther bill.” [Politico]
* The Ecuadorean Slapfight (also the name of my ska band in high school) between Patton Boggs, Gibson Dunn, and Chevron was squashed by a judge yesterday. [Reuters]
* Tiger Blogger Vivia Chen wants white guys to be hunted like animals. [The Careerist]
* A copyright troll has found a way to exact a toll without actually owning any copyrights. No word yet on whether anyone has gained entrance into the boy’s hole. [Wired via ABA Journal]
* Alleged Wikileaker Bradley Manning is being transferred to another prison. Julian Assange celebrated the news by going dancing. [Fox News]
* Sponsors of Proposition 8 are mad that retired judge Vaughn Walker, who presided over Prop 8′s defeat in court, is giving lectures around the country that feature a three-minute clip of the trial. They say the video should remain in the closet. Or a desk drawer of some sort. [Los Angeles Times]
* Baker & McKenzie is being sued for $600 million. First they were the inspiration for Philadelphia. Then they gave me a cold offer. Now this? Horrific mistakes, all. [Sports Money / Forbes]
* Meanwhile, Bingham McCutchen is preemptively suing Frank McCourt for letting them screw him over so badly. [Los Angeles Times]
* The middleman in the Matthew Kluger brouhaha, Kenneth Robinson, has pleaded guilty to securities fraud charges. No word yet on whether he is a gay dad. [Bloomberg]
* The Ninth Circuit ruled that the most controversial parts of the Arizona immigration law will remain blocked. [Washington Post]
* A man was fired from his job as a part-time urine monitor because he was born a woman. He’s suing (with help from Gibson Dunn), but has already found new employment. As a package handler. [New York Times]
* Speaking of packages, this employment discrimination lawsuit filed against a Dallas law firm is struggling with penis ID. [ABA Journal]
* NFL owners and players have been ordered into mediation by a federal judge. Who gives a sh*t? It’s a great band, it’s a bad band. It’s like pizza, baby! [ESPN]
Let’s all take a deep breath. Associate bonus season, which usually wraps up sometime in January, looks like it’s been extended well into April. This is just more proof that Biglaw firms don’t actually collude. No rational business person would want to be making decisions in April 2011 about how much to pay employees for 2010 performance.
For those trying to keep score, there seem to be the following categories of firms (roughly using a letter-grade system):
A – Firms that are paying Cravath-level spring bonuses in all offices. (Example: Cravath.) [FN1]
B – Firms that are paying Sullivan & Cromwell-level spring bonuses in all offices. (Example: S&C.)
C – Firms that are paying spring bonuses in New York but not elsewhere, like California or D.C.. (Example: Read more below.)
D – Firms that are not paying spring bonuses because their year-end bonuses beat the Cravath year-end bonuses, and they’re hoping their associates can’t add. (Example: CHECK YOUQUINN EMANUEL.)
F – Firms that are not paying spring bonuses and invite disgruntled associates to S some D if they don’t like it. (Example: Jones “We can still hear all the poors who live inside your black box” Day.)
Right now, we want to focus on Group C. Group B gets a pass because they started the spring bonus phenomenon and goddamnit we’re going to respect that. Partners at firms in Groups D & F will have to examine their own motives for why they want their associates to secretly hate them.
But Group C is weird. Why create inter-office jealousy and rage when most top firms are paying spring bonuses in all of their offices? Why look that desperate to save a little bit of money?
And you can’t spell “Weird Cost-Cutting” without White & Case…
On Friday we noted that Gibson Dunn associates can read. Today it looks like management at Gibson Dunn finally acknowledged the writing on the wall. After a year of record-setting profits, Gibson Dunn finally decided to match the spring bonus market. The firm will be paying Cravath-level spring bonuses to eligible associates, on April 29.
Welcome to the club, Gibson Dunn. Just think, Sidley Austin, this is going to be you in a couple of weeks, when you finally realize that the cost of being viewed as a cheap firm that doesn’t pay market compensation to its associates far outweighs whatever profits you’re hoarding by hanging on to the extra money it would cost to award spring bonuses.
Obviously, our Gibson tipsters feel vindicated, now that GDC finally matched the market…
Well, Gibson Dunn, it’s come to this. You’ve made your associates so desperate and confused that they don’t know where the sun even rises anymore.
They want a spring bonus. They’ve read about spring bonuses at Latham and O’Melveny and think that they should be making as much as their colleagues at peer firms. Gibson Dunn may not like it, but their associates can read. They can read not just about the bonuses at peer firms, they can also read about Gibson Dunn’s record-setting profits for 2010.
And you know how it goes: “Record setting profits with below market bonuses makes Jack a dull boy.”
Well, now news is trickling out that Gibson will finally be getting into the spring bonus market. Except even if that’s true, it could be that GDC associates in California are left out in the cold. Some of our tipsters report that only New York associates will get a spring bonus.
In its recent obituary for Warren Christopher, former U.S. Secretary of State and former senior partner at O’Melveny & Myers, the New York Times referred to O’Melveny as “the most traditional and prestigious of Los Angeles law firms.”
Well, if you want to be one of the “most prestigious” Los Angeles law firms — or national or global law firms, to the extent that O’Melveny has outgrown L.A. — then you need to pay your people appropriately. So perhaps it shouldn’t come as a shock to learn that OMM has announced spring bonuses.
We received confirmation and details of the O’Melveny spring bonuses from multiple sources. Amusingly enough, about half of our sources on this story are anxious associates at Gibson Dunn….
(Yes, this is late, but better late than never. If you have bonus news or a bonus memo that we have not yet written up — run a site search or scroll through our archives to check what we’ve already covered — please email us. Thanks.)
Last month, Gibson Dunn & Crutcher announced associate bonuses. As we explained last year, GDC pays individualized bonuses, based on such factors as hours or quality of work. So here’s an open thread for anonymous comparison of Gibson bonuses.
We received a little detail about Gibson’s bonuses this year….
Here’s the Ninth Circuit’s certification order, available on the court’s Perry v. Schwarzenegger portal page, and here’s a quick write-up, from Bay City News. Essentially the Ninth Circuit wants the California Supreme Court to decide whether the official proponents of Proposition 8, California’s ban on gay marriage, have standing to defend the initiative’s constitutionality in court, since the public officials who would normally defend it have declined to do so.
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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