* A Minnesota court ruled that it is not a crime to encourage people to commit suicide. So… keep commenting assholes, just know that you’ll feel really bad if I do it. [Gawker]
* I might be in the market for a used car, and I’m hoping to get a really good deal on one of these “recalled” GMs. I hope the DOJ doesn’t screw up my plans. [Reuters Legal]
* Speaking of cars, Alan Dershowitz calls for vigorous prosecution of reckless drivers. I call for vigorous prosecution of any box-blocking suburbanite who drives around Manhattan on a Saturday like they’re cruising to the country fair. [ABA Journal]
* Alabama thinks that people over 70 should be excused from jury duty. YES, they deserve to be excused and I hope they burn in Hell! [WSJ Law Blog]
* 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]
* Missouri lawyer is hauled into a disciplinary hearing about his practice of showing a picture of a naked woman to a female client. He says it wasn’t about sex and he was just showing her the kinds of pictures that come up in a divorce proceeding. That sounds like a fine explanation. I mean, every divorce involves autographed photos of strippers. He also commingled funds. That’s less easy to explain. [Inside the Ozarks]
* Hey look! They brought back Debtors’ Prison. The prison-industrial complex has gotta get paid somehow. [Bergen Dispatch]
* Federal prosecutors in Manhattan are now looking into David Samson, the chair of the Port Authority of New York and New Jersey and a Christie appointee. If government agencies aren’t for petty revenge and plunder, then what are they for? [Talking Points Memo]
* Insurance company cronies threaten that insurance company may have to get out of the business because of all the lawyers winning cases making the insurance company actually pay their contractual obligations. Don’t they understand the purpose of litigation is just to collect premiums? [Legal Newsline Legal Journal]
* How ACLU attorney Ben Wizner became Snowden’s lawyer. [Forbes]
* “One of the reasons I could never imagine being a lawyer is because you have to account for your time in 15-minute increments.” Thankfully she was corrected and told that lawyers are actually more irritatingly measured in 6-minute increments. [Dear Prudence / Slate]
* With all the talk of patent law reform coming from the President, this is an excellent time to look back at eight dumb patents. [Mashable]
Watching other lawyers in action is fun. Much more fun than watching myself in action, as I have had the opportunity to do on a number of occasions. Such as during my trial training days, when the instructors decided that making us watch clips of ourselves try and conduct a direct examination was valuable. At least they got a kick out of it. But as edifying as watching video of yourself can be, you can learn a whole lot more by watching other lawyers. This lesson was ingrained in me as far back as my 1L “summer clerkship” in New Jersey state court. I remember the clerks gathering around on motion day to check out arguments in front of other judges, mostly to watch the lawyers in action. Ditto for trials.
Of course, once you enter practice — especially in Biglaw, where opportunities to even get out of the office are hard-earned — it becomes even more important to turn opportunities to watch other advocates into learning experiences. Because of the nature of the cases we were handling, many of which involved Biglaw firms of some repute on both sides, there were plenty of opportunities to watch great lawyers in action. Just as frequently, I was able to watch inexperienced lawyers from great firms struggle to get through routine litigation events. I am sure that many other lawyers were forced to endure my inexperienced attempts to handle those events along the way as well. Experienced lawyers just love sitting through a deposition where the questioner spends an hour getting through the educational background of the witness…
On March 5, 1963, Arthur Melin, co-founder of the toy company WHAM-O, Inc., received a patent on the hula hoop. This week, On Remand looks back at the hula hoop and one of the era’s other crazes: Alvin and the Chipmunks.
By the time the hula hoop received its patent in 1963, it had already enjoyed great success. The hula hoop fad started in the summer of 1958, and by fall, WHAM-O had at least twenty-five million customers gyrating and swiveling their hips to keep the hoop in motion. By Christmas, the hula hoop had become the “Tickle-Me-Elmo” of 1958. Everyone wanted one, including a chipmunk named Alvin.
Alvin, and his chipmunk pals Simon and Theodore, also debuted in 1958. Ross Bagdasarian, Sr., a composer, singer, and actor now better known by his stage name David Seville, created the singing squirrels by manipulating the playback speed of his voice on a tape recorder. His gamble – spending $190 of his last $200 on the fancy machine – paid off. By Christmas, one of the songs from the first Chipmunk album, “The Chipmunk Song (Christmas Don’t Be Late),” had reached number one on the charts. In it, Alvin pleads for the year’s hot toy: “me, I want a hula hoop!”
By the mid-60s, Americans had lost their enthusiasm for the hula hoop and Bagdasarian had grown bored with the Chipmunks. When Bagdasarian died unexpectedly in 1972, his son Ross Jr., a chip off the old block, longed to revive his father’s creation. First though, because his father had insisted, Ross Jr. went to law school. . .
You learn a lot of lessons practicing in Biglaw. A big one is that you can never be prepared enough. There is always another opinion of your presiding judge to read, or a brief drafted by your opponent in an earlier case to review. Anyone who makes it more than a few years in Biglaw learns that lesson. But as much as preparation is valued, and pursued with fervor as an ideal onto itself, there is absolutely no way for even the most idealistic Biglaw recruit to fully appreciate what they are getting themselves into.
As many know, law school itself has little to teach about the realities of Biglaw, other than to idealize it as a fantasy land of big paychecks and “interesting work.” And everyone’s Biglaw experience is so unique that anecdotal tidbits are of limited utility. Does the professor, who so proudly includes on his resume a two year stint as a M&A associate at a white-shoe firm two decades ago, have much actionable advice to give a graduating 3L headed for a first-year post at even that same firm? Not really, except to perhaps suggest that the best type of relationship with that firm is one where it is your former employer….
As humanity veers closer to becoming straight-up cyborgs, it was only a matter of time before the law started messing with the course of wearable technology. We’re not ready to deal with a world where we’re all little Robocops accessing the Internet in real-time with a literal blink of an eye. And that means it’s time for some square-peg-round-hole legal challenges.
Someday we’ll have a legal answer for Google Glass. For now, we’ll just have to agree that they look stupid….
* Were you curious about who would be on the Mount Rushmore of Tax Law professors? No? Well, here they are anyway. [TaxProf Blog]
* The so-called “trial penalty” is really a myth and empirical data confirms that defendants who reject plea deals and go to trial actually garner a “trial discount.” Yep, prosecutors aren’t overreaching at all. [PrawfsBlawg]
* President Obama called for patent law reform in the State of the Union address. Now we have some insight into what he’s thinking about. [Patently-O]
* Congratulations to Matthew Skinner, the next executive director of the LGBT Bar Association of Greater New York! [LeGal]
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: