Intellectual Property

* Have you all called the Breaking Bad law firm number yet? Because it works, so go for it! [Legal Cheek]

* How to make airlines more profitable: make everyone sit on bicycle seats! [Lowering the Bar]

* Ilya Somin explains why the D.C. Circuit’s interpretation in Halbig isn’t absurd. And it’s not absurd. It just reflects the hilariously cynical conservative opposition to giving their own citizens tax breaks. [The Volokh Conspiracy / Washington Post]

* Ohio State fired its band director amid sexual harassment allegations. To fire a guy, Ohio State must have dotted every “i” in this investigation. [USA Today]

* Speaking of sexual harassment, the Navy’s Blue Angels are the subject of a sexual harassment suit. And somehow it involves a blue and gold penis seen from space. [Slate]

* The Chevron battle over Ecuador continues. Turns out the star witness Chevron paid upwards of $1 million to testify took 50 days of prep to finally get his ever-shifting story straight. [Huffington Post]

* There’s a new book out called Kate’s Escape from the Billable Hour (affiliate link). We haven’t read it, but apparently this tale of “a burnt-out, second-year attorney working in the dysfunctional world of Big Law” mentions ATL. So they definitely did their research. [Amazon]

* Watch a drunk guy give cops a lesson in Con Law. Video after the jump…. [Barstool Sports]

double red triangle arrows Continue reading “Non-Sequiturs: 07.24.14″

Just try telling him to put out his smokes. Not gonna happen.

* Looming legal battle over the confidentiality agreement at the center of lawsuit over which team John Travolta plays for. [Gawker]

* The fallout from yesterday’s Obamacare Appellageddon continues. The D.C. Circuit and the Fourth Circuit are going to have some awkward parties until this gets resolved. [Federal Regulations Advisor]

* Somebody got confused and thought that Stand Your Ground laws applied to protect black people. [News 4 Jax]

* In Louisiana, a justice of the peace is given public money to hire all their staff and buy all their equipment and pay themselves whatever salary they want out of the remainder. One guy had a very clever idea about how to allocate that money and it set off a legal fight. Oh, and apparently the best job in Louisiana is to be a constable. So now you know. [Times-Picayune]

* Do you know the 12 Rules of Client Service? Are you at least ready to fight over them? [What About Clients?]

* Newark police can’t even come up with constitutional excuses for 75 percent of what they do. [Slate]

* Lululemon figured that patent trolls were onto something and patented its clothing designs and aggressively pursues anyone who dares design a tank top with a built-in bra. Who would ever have thought of such an original idea? [Jezebel]

* The University of California is increasing non-resident enrollment for budget reasons. Law schools presumably follow suit. [TaxProf Blog]

If you need it, build it. We needed help. And we saw an opportunity. So we took action, and now have another business as a result. I’ll explain. The need was simple. Because of our work with investors interested in understanding how patent litigation events impact on their investments, we found ourselves needing to monitor many active patent cases, in addition to the cases we were litigating ourselves. At one point, we considered hiring an intern to help with this specific task, at least during the trading day. But we quickly realized that solving this problem required a software-based solution. So we set out to build one. We looked for something available that would do the job, and failed to find anything useful.

Thanks in no small measure to the talent of our programmer, what we built worked. We were able to get automated alerts of new docket entries and opinions directly to our email. And we could do so for multiple cases, alleviating the concern that we would miss an important opinion. Because our clients tend to have sizable investments, there is a premium placed on our ability to let them know of litigation events quickly and to interpret those events for them, so that they could protect their positions or initiate new ones, based on the recently released publicly available information. As a fail-safe, we began having the alerts sent directly to subscribers of our consulting services. And now we have decided to offer it publicly (www.litigationalpha.com) to fellow lawyers, retail investors, and whoever else can benefit from automated alerts generated based off District Courts docket entries and opinions….

double red triangle arrows Continue reading “Beyond Biglaw: When You Need It, Build It”

* Seattle City Attorney Pete Holmes took advantage of Washington state law and purchased himself some legal pot yesterday, making him the highest-profile lawyer in the country. [Seattle Post-Intelligencer]

* DC Comics blocked plans to build a memorial to a murdered 5-year-old Superman fan dressed in costume. Realizing that this was awful and stupid, they’ve reversed themselves. [Gawker]

* New York Justice Roger Barto said he was attacked and beaten with a toilet seat. The police disagree. [WHAM]

* Laurence Tribe recounting his experiences with a young Barack Obama. [Fiscal Times]

* Remember when Justice Scalia screwed up that decision and quietly edited it hoping we wouldn’t notice? Well the days of the secret editing of SCOTUS opinions are over. [CREW]

* The continuing coverage of the Donald Sterling trial: Sterling takes the stand. [mitchell epner]

* We talk a lot about work-life balance among lawyers, but we don’t think much about the work-life balance among law professors. [TaxProf Blog]

* If you wanted to understand the UK legal market, this infographic is basically “choose your own adventure” for a legal career across the pond. [Gorvins]

* What do the former Biglaw Bigshot and Joan Rivers have in common? [Law and More]

Kevyn Orr, probably not an alien.

A couple weeks back we reported on the big hissy fit that Jones Day threw over Kevynorr.com, at the time a bare-bones website that promised to be a sarcastic look at former Jones Day partner Kevyn Orr’s “emergency management” of Detroit. Jones Day wrote themselves a nasty cease and desist letter.

The anonymous proprietor of Kevynorr.com is represented by the Electronic Frontier Foundation, and their lawyers drafted a scathing response calling out Jones Day’s disingenuous, bullying letter….

double red triangle arrows Continue reading “Remember Jones Day’s Hissy Fit C&D Letter? Here’s The Response!”

* Politico asked 19 legal experts to evaluate the Supreme Court term. I wonder which 9 justices they thought were most important this term? [Politico]

* One of the girls who stabbed a friend at the supposed behest of the fictional “Slenderman” was deemed incompetent. [Chicago Tribune]

* Have you checked out the logo for Stussy jeans? Because those horsies look awfully familiar to a certain other, more famous jean company. [Los Angeles Intellectual Property Attorney Blog]

* The sad truth for those of you banking on Biglaw careers to pay off your loans? You are not a beautiful and unique snowflake. [Law School Lemmings]

* The recent study that created a cumulative ranking of law schools based on LSAT scores, employment, and citations has been updated to account for school-funded jobs. No more gaming the system schools. [The Faculty Lounge]

* Womble Carlyle prevails in the discrimination suit brought by a cancer survivor they fired when her cancer treatment left her weak. What’s with lawyers picking on cancer survivors today? [Triangle Business Journal]

* Mr. Florida Football: July 2014. Check out his stats: 6’1″, 245, 3 murder charges… [Chronicle of Higher Education]

* The next generation wants to change the world. Maybe consider something other than law school. [Law and More]

* The suit between Jerry Only and Danzig (Glenn, not Chris) is heating up with a countersuit. [Metal Sucks]

* Time for another Battle of the Law Firm Bands! This one is in L.A. next Tuesday, July 8, and 11 bands from area law firms and companies are playing, including bands from Latham, Gibson, O’Melveny, and MoFo. It’s for a good cause, so show up. [Family Violence Appellate Project]

Biglaw associates are used to the “black hole” effect when it comes to their assignments. Sure the work is important and valuable, but because of the disconnect between a typical Biglaw attorney and an actual client, it can feel like any given assignment is destined for a “black hole,” rather than serving as a building block for solving a client’s problem. The further removed the lawyer is from the client, the more pronounced the effect. It can be a morale drainer, especially if it looks like the lawyer will never get the chance to work directly with a client on a matter of significance.

Working at a boutique or smaller firm, where there is more direct client contact by necessity, presents a different challenge to a lawyer’s motivation than the “black hole” effect. Because at a smaller firm, or even for partners in Biglaw firm lucky enough to make the adjustment from service partner to a true “counselor,” the lawyer in close contact with a client must confront the inherent limits in the attorney-client relationship. Yes, it can be much more rewarding to have a practice where you feel like you are partnering with your client to get things done. But it becomes all the more frustrating when you give advice, even good advice, that goes unheeded by that same client….

double red triangle arrows Continue reading “Beyond Biglaw: The Limits Of Lawyers”

We’ve seen this many times before, how patents can hold back very useful developments. Notice how 3D printing is suddenly a big thing? It’s not because of any new miraculous breakthroughs, but because some key patents finally started expiring, allowing real innovation to move forward. We saw something similar in the field of infrared grills, which were put on the… uh… back burner (sorry) until key patents expired. Derek now points us to a similar example.

double red triangle arrows Continue reading “How Patents Are Stopping Your Microwave From Being Awesome”

* In case you missed this piece of news amid yesterday’s Supreme Court madness, the Tenth Circuit found Utah’s ban on gay marriage unconstitutional. It’s the first federal appeals court to make such a ruling. Hooray! [New York Times]

* “Just about everyone he came in contact with, he managed to corrupt.” Paul Daugerdas, formerly of Jenkins & Gilchrist, was sentenced to 15 years for his role in an $8B fraud scheme. [Businessweek]

* Despite what you may have been led to believe, not all patent awards are as high as those you see in media headlines. Fewer than 2% of infringement cases even result in damages. [National Law Journal]

* When is it okay to turn down a Biglaw offer and head to a plaintiffs firm? Probably when you’re planning to file a massive class-action suit against the MLB on behalf of minor leaguers. [St. Louis Post-Dispatch]

* William Mitchell Law’s new J.D. program is the first of its kind to be approved by the ABA. It’s half online, half on-site (does 9 times count as half?), and we see more like this coming down the line. [U.S. News]

‘Would you like fries with that, Your Honor?’

* With OT 2013 drawing to a close, here’s a nifty chart that shows which Supreme Court justices vote together most and least often. The division is real, people. [The Upshot / New York Times]

* “Not only do they have unique interpretations of the Constitution but they can’t even agree on how to pronounce words.” Listen to our SCOTUS justices flub the word “certiorari.” [Legal Times]

* Quinn Emanuel and Samsung must now pay more than $2M in sanctions to Nokia and Apple after leaking confidential, “attorneys’ eyes only” information in a discovery blunder. Oopsie! [Legal Week]

* “Why can’t you get a real job?” This judge — the same one who sentenced a rapist to just 30 days in prison — told a fast-food worker to get a better job to pay off his restitution more quickly. [Billings Gazette]

* If you think you’ve seen the best of the “Law and ______” classes, you ain’t seen nothing yet. Say hello to some newcomers, like Video Game Law and Law of Robots. Justice Scalia is pissed. [WSJ Law Blog]

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