The public learned this week that the Judicial Council of the D.C. Circuit dismissed a complaint of judicial misconduct against Judge Edith Jones of the U.S. Court of Appeals for the Fifth Circuit. The order followed a year-long investigation by Special Counsel Jeffrey Bellin. The roughly 70-page Report of the Special Committee appears nonpartisan, thorough, and fair.
The complaint stemmed from a lecture Judge Jones gave to the University of Pennsylvania Federalist Society chapter in February 2013. Among the complainants’ claims was that, during her lecture, Judge Jones suggested she believed that members of certain races were predisposed to commit violent crimes. With no recording of the event, witnesses disagreed about exactly what she said. Was she talking about genetic determinism? Or was she only referring to the objective fact that, for whatever reason, our nation’s prisoners are disproportionately black and Latino? The subsequent independent investigation concluded that “whatever she said initially, it is clear that Judge Jones used the question-and-answer period to clarify that she did not adhere to such views,” rejecting the complaint’s version of her speech. The D.C. Circuit cleared her of all of the charges of misconduct, including this one.
Eugene Volokh points our attention to yet another bizarre copyright case, Denison v. Larkin, in which lawyer Joanne Denison argued that the Illinois Attorney Registration and Disciplinary Commission (IARDC) infringed on her copyrights by using portions of her own blog as evidence against her during a disciplinary proceeding.
Not surprisingly, the court soundly rejected this particular interpretation of copyright law….
* Before They Were Famous: Newly released documents reveal a pre-SCOTUS Justice Kagan writing memos admitting that she “really f**ked up” and “God, do I feel like an idiot.” At least she understood how she made her 1L class feel when she was a professor. [Josh Blackman's Blog]
* How do we know that driverless cars are going to be wonderful for human society? Because they will be absolutely horrible for lawyers and insurers. [Legal Funding Central]
* This guy explains what everyone should understand before going to law school by walking through his decision to not to go to law school despite gaining admission to some T14 heavies. He gives ATL a shout. We hear you buddy, congratulations on your decision. [Chronicle Vitae]
* A Delaware attorney sued for allegedly aiding and abetting a fraudulent emerald salvage operation. Kind of “X marks the disbarment.” [Delaware Online]
One thing I remember best from law school. Professor Ron Delisle said, “Justice must not only be done, but must also be seen to be done.” It’s a bit of an unwieldy sentence, but it encompasses some of the most important concepts in a free society.
Like rule of law. No one is above the law.
Like transparency and independence within our justice system. Our trials are, for the most part, held in open court. We have appellate courts to review the work of judges below them. The Prime Minister can’t tell even the lowest judge how to rule on a case.
Like freedom of the press, which provides oversight and an independent voice to challenge those in power who abuse the system.
The system isn’t perfect, but it works pretty darn well most of the time.
Let me ask, how does a country built around those lofty concepts allow lawyers to regulate lawyers?
* Police arrest guy who beat up the man who shot his 16-year-old cousin. Because nobody likes Batman. [DNA Info]
* The DJ behind Good Morning Vietnam was a lawyer? Interesting. Well, he’s not a lawyer any more. Disbarred! [Law Profession Blog]
* At what point is it off-limits to talk about sex appeal? Vivia Chen explores this issue after she got some hefty blowback for following President Obama’s lead and commenting on the beauty of California Attorney General Kamala Harris. [The Careerist]
* Eliot Spitzer’s madame is sentenced to 2 years for selling prescription pills. She was offering some quality stuff, like, 7 diamonds level stuff. [Daily Mail]
* Lawyer for celebrities exposed in the naked photo hacking scandal known as The Fappening is threatening to sue Google for $100 million. The Fappening? Really? That’s what we’re calling this? [dlisted]
* “Lawyers have a powerful voice in the American legal system, government, and news and entertainment businesses. But do they make their contributions to society while impaired?” You’re goddamned right we do! [SSRN]
* For example, a Louisville lawyer was arrested for allegedly surfing the web while driving drunk. Who says solo practitioners can’t multitask. [WDRB]
* Is litigation finance a loan or an investment? Perhaps tax law holds the answer. [LFC 360]
* Former St. Louis Mayor Freeman Bosley Jr. had his law license suspended indefinitely. Apparently his trust account was bouncing checks. This suspension has ramifications for a much bigger case — Bosley had been representing Dorian Johnson, an eyewitness to the Michael Brown killing. [Missouri Lawyers Weekly (sub. req.); St. Louis Post-Dispatch]
* Hasbro thinks that owning Scrabble means they own the English language. [Slate]
* Congratulations to legal communications specialists Infinite PR, who just merged with UK outfit Spada to expand their business across the pond. [PR Week]
There is something admittedly odd about judges on Twitter. The stereotypical judge is stuffy, technologically challenged, and light on personality. Twitter, in contrast, is informal, tech-driven, and brimming over with quirkiness and individuality.
There are, to be sure, virtues to the traditional vision of the judge (well, maybe not the lack of tech savvy, but the other attributes). Judges who are formal, dry, and tight-lipped off the bench convey a strong sense of objectivity to the public and to the litigants who appear before them. These judges might not have much personality, but presumably they don’t have personal biases that would interfere with the impartial administration of justice. You might not want to have a beer with such judges, but you would want them handling your case.
So judicial tweeting might be unusual. Does that make it problematic? Should we have new judicial ethics rules to rein in judges on social media?
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.
It’s the legal profession’s equivalent of a long-term relationship.
When Michelle Waites, Senior Patent Counsel for Xerox Corporation, attended The LGBT Bar’s Lavender Law conference several years ago, she wasn’t sure what to expect. She left having forged a lasting business relationship that still endures today.
It was during The LGBT Bar’s event – an annual gathering of more than 1,600 lesbian, gay, bisexual, transgender and allied legal professionals – that Waites first met Marla Butler, a partner at Robins, Kaplan, Miller & Ciresi LLP, who specializes in patent law.
Today, the two are still close friends as well as professional colleagues. Butler’s firm continues to work with Xerox – a business partnership forged via The LGBT Bar.
On November 19th, The Bar will present its first-ever conference outside the United States. Dubbed “A Lavender Law Experience for Europe,” the day-long Business Legal Conference will replicate programs such as the one that brought Waites and Butler together for legal professionals in Europe.
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: