Ed. note: This new column is about sports and the law. You can read the introductory installment here.
Do you remember what you wrote on your law school application essay? I do. Since I knew (and know) next-to-nothing about the law, I chose to focus the theme of my essay on issues of justice and how my childhood and young adulthood had been shaped by a sort of visceral response to injustice that practically forced my hand. That literally compelled me to learn more about the law so that I could fight injustice like some fey Batman, ridding the world of evil. I must have spent days puzzling over what in my life’s experience could be offered up as proof of my worthiness to study the law. Truthfully, I couldn’t think of a single thing in my childhood that was weighty enough for this most holy of callings. A midwestern, middle class, middle-of-the-pack upbringing had left me woefully unprepared for this self-selected mission.
And so it was that a white kid from Kansas decided to say that he was drawn to the law because of the Spike Lee joint, Do the Right Thing. I might have even mentioned that I cried when Radio Raheem was murdered by New York City cops. That the feeling I had while watching a movie as a child was a clarion call to justice. That the arc of the moral universe is long, but it bends towards my admittance to a T14 law school.
This is all to say that several years from now, some idiot very much like your humble correspondent might mention the injustice of the Seattle Seahawks victory Monday over the Green Bay Packers as the moment when he decided to go to law school.
Let’s talk sports, referees, and four-fingered rings that say LOVE and HATE.
Stripping is supposed to be a lucrative profession — just look at all of the law students racing to the poles in the hopes of obtaining gainful employment. And in some states, bumping and grinding on stage while wearing six-inch lucite heels is even considered an artful expression worthy of protection under the First Amendment. Unfortunately, two lawsuits in New York and Texas threaten to sabotage the erotic striptease entertainment that we’ve all come to know and love.
New York’s highest court is currently considering whether an adult club is entitled to a sales tax exemption for lap dances under the theory that they qualify as “dramatic or musical arts performances.” Meanwhile, in the Lone Star state, a plaintiff in a federal class action suit claims that strippers are misclassified as independent contractors and being forced to live on tips alone.
Now that we’ve greased the pole, let’s get ready for a feature performance from both of these suits….
“In accepting the offer to join Ropes & Gray, Ray accepted Roscoe Trimmier’s assurances that Ropes ‘does not see black and white, only shades of Ropes & Gray.’”
That’s paragraph 75 from the latest complaint filed by John H. Ray III, a 2000 graduate of Harvard Law School and an African-American man, against his former employer, Ropes & Gray. According to Ray, the firm, after initially embracing him with open arms, turned on him. Ray claims that he was subjected to racial discrimination and retaliation, which made his time at the firm more painful than pleasurable. And, unlike Anastasia Steele of Fifty Shades of Grey (affiliate link), Ray did not enjoy the alleged abuse.
When we first wroteabout Ray, he was proceeding pro se against Ropes & Gray. Now he has hired counsel — an experienced employment-discrimination litigator who has appeared before in these pages.
Let’s find out who’s representing John Ray, and take a closer look at the complaint — which features an Above the Law shout-out, interestingly enough….
As you will see, it’s not all about the money in life: it’s about health, love, respect, happiness and then at some point about the money, which is the only thing that will survive all of us.
– Emel Dilek, the pulchritudinous plaintiff who is suing her former employer for breach of contract. Dilek was the mistress of the company’s former chief operating officer, who hired her; after he passed away, the company fired her.
(A closer look at this sexy plaintiff and her salacious suit, including some rather amusing deposition excerpts, after the jump.)
* Global agribusiness group Monsanto Co was awarded $1 billion in a patent infringement case against DuPont for improperly duplicating some kind of crazy seed technology. [New York Times]
* For particularly thick-headed employers who don’t understand it’s a bad idea to ask employees for Facebook passwords, now Illinois will fine them $200 for doing so. [Chicago Tribune]
* A federal judge in Washington sanctioned well-known plaintiff’s attorney Joy Ann Bull for filing grossly inflated fee statements. She was consequently asked to resign her partnership at Robbins Geller Rudman & Dowd. Welcome to the breadline! [LegalNewsline]
* Should a trial judge who is a Brooklyn Law grad recuse himself from a case against Brooklyn Law filed by Brooklyn Law alumni? Meh… [National Law Journal]
* As Ralph Baxter nears retirement, who will be chosen to lead Orrick, Herrington & Sutcliffe? [Am Law Daily]
* The Ninth Circuit already issued an injunction against Arizona’s new late-term abortion ban. Like they say, it’s all about shakin’ hands and killing kissin’ babies. [Thomson Reuters News & Insight]
* The psychiatrist James Holmes was seeing at the University of Colorado was so alarmed by his behavior sometime before his alleged shooting spree that she notified the school’s “threat assessment team,” but apparently nothing was done. Looks like someone missed the assessment boat, by like, and ocean or two. [Denver Post]
Ideally, prosecutors can afford a bed instead of just a park bench.
Did you hear the one about prosecutors going on strike? No? Me either, until now. A county DA’s office in the San Francisco suburbs announced this week they are considering striking to protest new, unpopular labor contract.
As David Lat said when I told him about the story, “Wow, that’s wild.” The idea of prosecutors going on strike struck Lat as comparable to the prospect of police officers going on strike.
Why exactly does the prosecutor’s office feel like a walkout might be justified? Maybe being “the most understaffed, overworked prosecutorial unit in the Bay Area” has something to do with it…
* Jason Cai, the software engineer convicted in the spring of murdering a young attorney, was sentenced today to life in prison without parole and ordered to pay more than $700,000 to the slain woman’s family. [Mercury News]
* An appeals court revived a discrimination lawsuit filed by a woman against her employer. And nobody cares. Wait, hold on a sec. Her employer is the Equal Employment Opportunity Commission. What, what, whaaaat? [WSJ Law Blog]
* James Holmes, the man accused of last week’s movie theater shooting spree, has been formally charged with 142 criminal counts. They include 24 counts of first-degree murder and 116 counts of attempted murder in the first degree. [Courthouse News Service]
* The Twinkie defense is so played out. Now, courtesy of an ex-Citigroup employee, introducing the brand spanking new “Where’s Waldo” defense. [Reuters]
* India’s largest and oldest television network has accused Nielsen of violating the FCPA by manipulating viewership data in favor of networks that offer bribes. Say it ain’t so! [Hollywood Reporter]
Back in September 2011, we mentioned to our readers via Morning Docket that Ronald Kratz II, a 680-pound man, had allegedly been fired because he was too fat. At that point, the Equal Employment Opportunity Commission had stepped in to sue on this gentleman’s behalf, because apparently his employer perceived his size as a disability.
Now, almost one year later, we’ve got an update on the status of Kratz’s lawsuit. His settlement check is almost as large as he was at the time he was terminated….
When it comes to employment-related lawsuits, we’ve seen some pretty wild allegations. In the past several years, a handful of women have alleged that they were terminated because they were simply “too hot.” While Debrahlee Lorenzana was told allegedly that she had to stop wearing sexy clothing because it distracted her coworkers, Lauren Odes was allegedly told that her breasts were “too large,” and that she needed to put on more clothing to cover them.
Being told to change your style of dress or put on more clothing to keep your job is one thing, but what about stripping out of your clothing just to get hired? That would be normal for a strip club, but unfortunately, the plaintiff in this case wasn’t trying to bump and grind on a greased-up pole….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.