I just finished reading Gone Girl (affiliate link), the riveting and disturbing novel by Gillian Flynn. It brilliantly demonstrates, in a way that lawyers can appreciate, how the exact same set of events can be explained in radically different ways.
Given its focus on fighting, in terms of the war between the sexes and the battle for the truth, Gone Girl was appropriate to read in between the latest filings in Marchuk v. Faruqi & Faruqi. The salacious sexual harassment lawsuit has the entire legal world talking.
Yesterday we wrote about Alexandra Marchuk’s second amended complaint. Now let’s dive into the answer, filed with impressive swiftness after the complaint, which paints a very different picture of events and of the plaintiff….
[W]ith self-biting candor, I must acknowledge an undeniably deeper flaw in my scholarship. My goal was to capture the minds, if not hearts, of real world decision-makers in my field…. This proved, alas, to be the deepest debacle of my life as a professor. My labor law articles sank like whale excrement in the seas of jurisprudence, and the most I’ve ever mustered is a solitary citation by a state court judge.
Ed. note: This is the latest installment in a series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” takes a thoughtful look at recruiting, career paths, professional development, human capital, and related issues. Some of these pieces have previously appeared, in slightly different form, on AdamSmithEsq.com.
We continue our taxonomy of law firms with a term I’ve borrowed shamelessly from the retail industry, “Category Killers.” In retail, these have traditionally been Big Box stores with exhaustive inventory and wickedly competitive prices on one deep “vertical” category of merchandise:
Home Depot and Lowe’s
Toys ‘R Us, Linens ‘R Us, Attorneys ‘R Us
Bed Bath & Beyond and The Container Store
Petco and Petland
Staples and Office Depot
You get the idea. The most salient characteristic of this model is that it works. If you doubt me, then I have to ask if you disbelieve the famous phrase, “imitation is the sincerest form of flattery,” because the concept of category killer retail stores has spread far and wide from its initial roots.
As I use it in Law Land, it means a firm that has the following characteristics…
* The role of lawyers in America’s Syrian policy. Everyone always tries to throw the lawyers under the bus. [Lawfare]
* Pippa Middleton has some lawyers trying to crack down on a parody Twitter account. Thankfully, the law exists to protect wealthy socialites from being mocked. [IT-Lex]
* GCs are not happy with the rates charged by outside counsel. I, for one, am shocked that GCs don’t like paying upwards of $1000 an hour for “further work.” [Consero]
* Honestly, we should have seen this coming: a Zimmerman juror is seeking a book deal. This is the juror who assumed black people had rioted over the shooting and called Trayvon a “boy of color,” so you can tell the prosecution was doing a bang-up job with its jury selection procedures. [AlterNet]
* Conservatives rejoice after several unions complain about Obamacare. Oh, the irony! Except the unions’ complaint is not that Obamacare is bad, but that it doesn’t go far enough in providing incentives to non-profit insurance plans and penalizing companies that are cutting back on hours to avoid the law. [The Volokh Conspiracy]
* Homeland Security Secretary Janet Napolitano is leaving the cabinet to head the University of California system. That’s a natural transition because UC already treats its students like threats to national security. [The Faculty Lounge]
* Texas banning tampons from the Texas Capitol building in advance of abortion vote. Guns are still fine though. In the words of the inimitable Spencer Hall, “But what about a gun that FIRES tampons, Texas?” [Huffington Post]
* Three years for stealing an iPhone from a child. I guess it’s like taking Candy (Crush) from a baby. [Law and More]
* If you stop to think about it, someone should totally have sued the camp from The Parent Trap (affiliate link). If for no other reason than the likelihood Lohan was dealing to all the other campers. [Crushable]
* An iOS app for creating semi-bespoke contracts. That’s cool, but I’ll stick to Temple Run, thanks. [Associate's Mind]
If you want to see something really racist, check out what her lawyers are saying.
Look, I think the Paula Deen controversy is more theater than news. The only people who need the information that there are still white people in the South who are horribly racist are John Roberts and his band of conservatives. Deen is awful, but I don’t have a lot of spare outrage to waste on a television fry cook.
There is, however, a really interesting and novel legal argument being launched by Paula Deen and her attorneys. I think the argument is arguably just as racist as anything Deen actually said, but that doesn’t mean it’s legally incorrect. Deen’s lawyers are saying that white people, namely the white plaintiff suing Paula Deen, don’t have standing to claim a “hostile work environment” if all Deen did was run around saying awful things about non-whites.
And her lawyers are now using the Supreme Court’s recent decision in Hollingsworth v. Perry, the constitutional challenge to California’s Proposition 8, as the basis for their objections…
* The editors of Ramblings on Appeal give their takes on Shelby County. Rarely has truer legal analysis been offered than characterizing Roberts’s decision as, “Oh and I have five people on my side, you only have four, so take that.” [Ramblings on Appeal]
* UVA law professor Chris Sprigman has co-authored an op-ed calling out the NSA. Oh, that guy’s phone is getting tapped. [New York Times]
* The Expert Institute continues to draw from popular culture to coach expert testimony. This time it’s Game of Thrones. It’s a handy set of lessons, but “Never Trust a Frey” deserved mention. [The Expert Institute]
If you were hoping to spend a year with no pay helping a premier Internet publication write up a sighting of Amanda Bynes at Shake Shack, you may soon be out of luck.
On the heels of Judge William Pauley ruling in favor of unpaid interns in the entertainment industry, the Internet behemoth that is Gawker Media is the subject of a new class action for its unpaid internships.
Which means this was probably a bad day for them to make jokes about the practice of abusing interns…
The front of the Supreme Court building: ‘Equal Justice Under Law.’ (Click to enlarge.)
Justice O’Connor, Justice Stevens, Ted Olson, David Boies, Jeffrey Toobin.
All of them were at the Supreme Court today, eager to hear what the Court had to say. New gay-marriage crusading BFFs Olson and Boies sat together. Also in attendance were lots of other fancy folks — like Solicitor General Don Verrilli and Nina Totenberg — who are there more often.
There’s nothing like late June at One First Street.
At the start of the day, 11 cases remained to be decided, four of them blockbusters. The issues on deck: the Defense of Marriage Act, Prop 8, the Voting Rights Act, and the University of Texas’s use of a form of affirmative action. Today, one of the big cases was resolved; with five others coming out, there are only six remaining.
Today, the Supreme Court, in an opinion by Justice Kennedy, addressed the University of Texas’s use of affirmative action. As the Chief Justice announced that Justice Kennedy had the opinion and would start reading it, a rush swept through the courtroom. People leaned forward. Papers rustled….
OmniVere’s delivery of end-to-end technology & data consulting to position the company as a true differentiator in the global legal technology and compliance space.
CHICAGO, IL, September 29, 2014 – OmniVere today announced the creation of the company’s technology & data consulting arm and the addition of several industry-renown experts, including the former co-chairs of Berkeley Research Group’s (BRG’s) Technology Services practice, Liam Ferguson, Rich Finkelman and Courtney Fletcher.
This new consulting practice will provide and expand existing OmniVere eDiscovery consulting services to corporations, law firms and government agencies with a special focus on compliance, information governance and eDiscovery. This addition of this top talent now positions OmniVere as a true industry leader in the technology and data consulting space offering best-in-class end-to-end services.
Ferguson, Finkelman & Fletcher are nationally recognized experts and seasoned veterans in the areas of overall technology, electronic discovery, and structured data. At OmniVere, the team will be focused on all global consulting activities with respect to legal compliance, complex data analytics, business intelligence design and analysis, and electronic discovery service offerings.
The Trust Women conference is an influential gathering that brings together global corporations, lawyers and pioneers in the field of women’s rights. Unlike many other events, Trust Women delegates take action and forge tangible commitments to empower women to know and defend their rights.
This year, the Trust Women conference will take place 18-19 November in London. From women’s economic empowerment to slavery in the supply chain and child labour, this year’s agenda is strong and powerful. Speakers include Professor Muhammad Yunus, Nobel Laureate and founder of the Grameen Bank; Phumzile Mlambo-Ngcuka, Executive Director of UN Women; Mary Ellen Iskenderian, President and CEO of Women’s World Banking and many other influential leaders. Find out more about Trust Women here.