* Wage theft in fast food shouldn’t come as a surprise, but the role played by the franchise model in creating labor law violations is intriguing. [Lawyers, Guns & Money]
* A gathering of business development tips, including shout outs to Anonymous Partner and Mark Herrmann. [Corporette]
* What better qualification to challenge for the Vegas DA’s job than to be prosecuted by that office days before the election? [Las Vegas Law Blog]
* A Baltimore lawyer aggressively used the habeas process to release mentally ill girls to serve as personal slaves to the wealthy. [Slate]
* Weil’s Business Finance & Restructuring team is putting together a March Madness bracket based on quotes from bankruptcy decisions. Let the excitement wash over you. Having not seen the bracket yet, I’m reserving judgment on what an awesome array of bankruptcy quotes would look like. [Bankruptcy Blog]
* Kevin O’Keefe, who presented on my panel at our Attorney@Blog conference, left all of us touched with his tribute to Above the Law. [Real Lawyers Have Blogs]
* So what’s the solution here? Let another state’s appellate court hear the appeals? [AP via Kane County Chronicle via How Appealing]
* Come on, you can get the man a bond hearing earlier than three weeks from now. They’re killing me with this; let him go, damnit! [Atlanta Journal-Constitution]
* Mississippi sues State Farm for bad faith. [Jurist]
* Texas is uncharacteristically deliberate about executing somebody. [CNN]
* What is it with lawyers and sports tickets? [WSJ Law Blog]
Defendant Genarlow Wilson, who served two years behind bars for having consensual oral sex with another teen, has been ordered released from prison. Wilson’s habeas corpus petition was granted, despite defense counsel being named “B.J. Bernstein.”
(If former President Bill Clinton were asked if Monica’s ministrations were worth it — the impeachment, the ignominy, the imperilment of his presidency — what would he say?) Judge Throws Out Sentence in Teen Sex Case [New York Times] Judge Frees Teen Imprisoned for Consensual Oral Sex
[Atlanta Journal-Constitution via Drudge Report]
Okay, make that yesterday. A reader email drew our attention to the saucy conclusion of Justice Antonin Scalia’s dissent in Roper v. Weaver:
The greatest harm is that done to AEDPA, since dismissing the writ of certiorari leaves the Eighth Circuit’s grossly erroneous precedent on the books. (That precedent, by the way, cannot be explained away—as perhaps the Court’s own opinion can—as the product of law-distorting compassion for a defendant wronged by a District Court’s erroneous action. As noted earlier, the Eighth Circuit was not informed of that erroneous action. It presumably really believes that this is the way AEDPA should be applied.)
Other courts should be warned that this Court’s failure to reverse the Eighth Circuit’s decision is a rare manifestation of judicial clemency unrestrained by law. They would be well advised to do unto the Eighth Circuit’s decision just what it did unto AEDPA: ignore it.
WHACK! As our correspondent notes: “Scalia manages to benchslap both the majority opinion and the 8th Circuit all in the same paragraph.”
Some of Justice Scalia’s colleagues get cheeky on occasion. Another tipster drew our attention to Part IV of Justice Stevens’s Bell Atlantic v. Twombly dissent — which Justice Ginsburg expressly declined to join, perhaps due to its ‘tude.
But at the end of the day, there’s no disputing this truth: When it comes to benchslaps, nobody does it like Nino. Roper v. Weaver [FindLaw] Bell Atlantic v. Twombly [FindLaw]
* The standard for predatory-bidding claims is the same as that for predatory-pricing claims, and Ross-Simmons didn’t meet it. [U.S. Supreme Court (PDF)]
* A certiorari petition to the U.S. Supreme Court does not toll the 1-year statute of limitations for seeking federal habeas relief from a state-court judgment. [U.S. Supreme Court (PDF)]
* Juries can’t punish defendants for harm done to nonparties. [U.S. Supreme Court (PDF)]
* James Brown to finally be buried. [CNN]
* But the fight for the right to bury Anna Nicole Smith continues. [CNN]
Here’s another excellent article from Jeffrey Toobin of the New Yorker. It’s about the role played by Sen. Arlen Specter (R-PA), outgoing chair of the Senate Judiciary Committee, with respect to the recent habeas corpus legislation (aka the Military Commissions Act of 2006).
If you’re confused about the controversy over this legislation, which has wound its way through both the federal courts and the Senate chamber, the article is well worth your time. It explains recent developments in this complex area of law with commendable clarity.
And it also contains fun bits of color and gossip. We collect a few highlights, after the jump.
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: