If you’ve been watching the NBA playoffs, you know that there’s a new lawyer show starting this June. Well, I’m sure there are 15 new lawyer shows on USA that will all be terrible, but I’m talking about the new one on TNT. So far, the promos for Franklin & Bash have been hilarious. I’m excited about the show’s potential. I mean, I’ll probably watch any show with Zack from Saved By The Bell at least once, but between Mark-Paul Gosselaar, one of the Robot Chicken guys, and a producer who worked on Sports Night and The West Wing, I think this should be good scripted television.
I’m psyched for the show — so psyched that I think it’s time to fire up a fictional lawyer contest.
I’ll be needing some nominees to fill out a massive 32-lawyer bracket….
It feels like I receive at least one email a week from a pissed-off white male. I feel like everywhere I look there is some white person whining, complaining, playing the “victim” card, and moaning about how difficult things are for a white person nowadays. I’m telling you, if white males have to live under a non-white male president for another four years, Ted Nugent is going to start writing spirituals.
Sometimes I respond to these “white plight” emails. Sometimes I get into passionate debates with people. Never do I sit back and say, “Man, white men really are getting screwed on this issue. White power!” I mean, at the end of the day the playing field still ridiculously favors white males. Sometimes white men can’t see it, just like sometimes you can’t tell that the Earth is curved when you’re standing on the ground. But if you look up — and do some math — it’s pretty obvious we live on a sphere, and it’s pretty obvious we live in a society that favors white males.
But I am… open-minded. And my mind was blown wide open when I read a blog post on Just Enrichment about the paucity of white male judges as fictional characters. Without having the resources to do a full-scale survey of every movie or television character in the past twenty years, this guy makes a compelling point that white males are disfavored when it comes to portraying impartial justice.
And I think this guy — Adam Chandler, a 3L at Yale Law School — is absolutely right….
* Kesha’s publicist really needs to talk to Kesha’s lawyers about filing lawsuits that make Kesha Ke$ha look lame. [Thomson Reuters]
* You don’t really think you’re going to get a law school to roll over and pay $40 million to snookered students like a cooking school would? Crappy law schools might not be training great lawyers, but they can certainly afford to hire some. [Inside Scoop SF]
* How to subpoena information put on Facebook, or as I like to call it: “How to ruin it for everybody.” [An Associate's Mind]
* “A less gilded future”: an overview from The Economist of the state of the legal economy. [The Economist]
* Chief Judge Kozinski isn’t the only one who loved the new movie Atlas Shrugged. [Dealbreaker]
* Monica Goodling gets a public reprimand by the Virginia state bar. In other completely pointless actions, I just high-fived a Mexican for Cinco de Mayo. [Virginia Lawyers Weekly]
* Speaking of which, I’ve had too many tequila shots today to get hyped up about the Confederate flag. [WSJ Law Blog]
* Seriously guys, take the hint, it’s Cinco de Mayo — it’s okay to sneak out from work and have a drink with friends… assuming you still have friends. Here are some fun facts and music to get you in the mood. [Christian Science Monitor]
The Winklevoss twins might be hot -- but their case is not, according to the Ninth Circuit.
If you enjoyed The Social Network, then perhaps you should be grateful to Cameron and Tyler Winklevoss. The lawsuit they filed against Facebook and Facebook’s founder, Mark Zuckerberg, gave rise to excellent entertainment. The movie wouldn’t have been possible without it.
But now the litigation is getting… old. And some people just want the Winklevoss twins to go away. Like three judges on the U.S. Court of Appeals for the Ninth Circuit.
In a ruling handed down today, rejecting the Winklevosses’s effort to overturn an earlier settlement with Facebook and Zuckerberg, the Ninth Circuit dispensed some stinging benchslaps. The opinion contains detailed and erudite analysis of both California contract law and federal securities law, but it can be summarized in four words: “Winklevii, STFU and GTFO.” (Feel free to use that in your headnotes, Westlaw and Lexis.)
Who wrote the opinion? None other than the ever-colorful Chief Judge Alex Kozinski, of course!
Let’s see what His Honor had to say — plus learn about additional Kozinski-related and movie-related news….
There’s always something fun going on in the Ninth Circuit. Last week, the Court voted against rehearing en banc in United States v. Alvarez, a case raising the constitutionality of the Stolen Valor Act (a law that essentially criminalizes false claims of military heroism). A divided three-judge panel struck down the Act on First Amendment grounds, and the Ninth Circuit voted against reconsidering that decision en banc.
Judge Diarmuid O’Scannlain (disclosure: my former boss) wrote a spirited and persuasive dissent from the denial of rehearing en banc, on behalf of himself and six other judges. The dissenters argued that the Act passes constitutional muster and that the First Amendment does not protect knowingly false statements of fact (subject to certain exceptions not presented by the law). The position that the Stolen Valor Act is constitutional is shared by a number of prominent scholars, including First Amendment guru Eugene Volokh.
But this is far from an open-and-shut case (unlike many of the Ninth Circuit cases that generate dissents from denial of rehearing, which we’ve previously described as the “Bat Signal” flashed by right-of-center Ninth Circuit judges to the Supreme Court when the lefties run amok). On the other side of the Alvarez case was Chief Judge Alex Kozinski — Professor Volokh’s former boss, and a jurist who, like Judge O’Scannlain, is often vindicated by SCOTUS smackdowns of Ninth Circuit liberals.
Were you disappointed by James Franco and Anne Hathaway as Oscars hosts? If so, you weren’t alone. PopEater described their hosting efforts, especially Franco’s, as “a disaster.” The New York Times declared the proceedings to be “downright painful” at points.
Next year, the Academy Awards should go in a different direction. Enough pandering to the youth. For 2012, the Oscars host should be a certain hilarious, older Jewish gentleman, who has been celebrated over the years for his brilliance and wit, and who knows a great deal about movies.
Bring back Billy Crystal? Not a bad idea — but here’s a better one. Bring on Chief Judge Alex Kozinski, of the U.S. Court of Appeals for the Ninth Circuit!
In addition to his incredible intellect and superb sense of humor, Chief Judge Kozinski has an encyclopedic knowledge of film. Recall his famous ruling in the movie-industry case of United States v. Syufy Enterprises, featuring over 200 film titles woven artfully into the text of his opinion.
Chief Judge Kozinski knows movies, and he loves movies. He goes to the cinema every chance he gets. In fact, His Honor recently sent a movie recommendation my way — and it’s PG-13, in case you’re wondering….
Ed. note: This is the latest installment of Size Matters, one of Above the Law’s new columns for small-firm lawyers.
As has become my tradition, Sunday night I watched the Academy Awards while drinking an Oscar-themed martini. While watching the three-and-a-half-hour award show, I was reminded of a few life lessons that I have learned about practicing law.
First, as I listened to the kids from P.S. 22 sing “Somewhere Over the Rainbow,” I remembered that my years at Biglaw have left me dead inside.
Second, as I saw the many beautiful (and not so beautiful) nude dresses, I was reminded of the importance of transparency in the management of a small law firm. Yes, perhaps this analogy is a stretch, but I just wanted to be able to write about the Oscars and my Black Swan-tini….
* Reports of a hunter’s death may have been greatly exaggerated, but they don’t entitle him to a defamation award. [Courthouse News]
* “Thinking of a Career in Law? Hahaha!” (Or: the U.K. legal market sounds a whole lot like ours.) [Charon QC]
* Can a lawyer use publicly available information on Facebook in a pending case without friending the person? [Adjunct Law Prof Blog]
* Vanderbilt law professor and leading class-action scholar Richard Nagareda, R.I.P. [TortsProf Blog]
You have to hand it to the people at Latham & Watkins. Former employees can bitch and moan all they want about being laid-off, but the firm has a certain kind of “star quality.”
Take this story from this month’s American Lawyer. It turns out that when Oliver Stone needed to figure out what was really going on during the height of the recession, he turned to Latham attorneys Alexander Cohen and Brian Cartwright. The lawyers are at Latham now, but their previous government experience gave Stone the inside knowledge he was looking for.
If you’re like most people who have an important drug test coming up — say, for a new law firm job or for probation (kind of the same thing) — you probably prepare by doing things such as guzzling water, sucking pennies, or ladling your roommate’s urine into a pocket flask.
A somewhat less effective way to prepare involves going on a cocaine and amphetamine binge hours before your drug test and hoping for the best. But that didn’t stop Lindsay Lohan from trying last week:
Lindsay Lohan’s probation has been revoked and a bench warrant issued for her arrest…. Although the bench warrant was issued, it’s being held — i.e., on hold — until Friday at 8:30 AM, when Lindsay is ordered to appear in court.
The move by Judge Elden Fox comes after Lindsay failed two drug tests recently … one showed the presence of cocaine and another showed amphetamines.
Under the terms of her probation, Lindsay could get 60 days for her latest misstep, and the bench warrant comes just weeks after Lindsay completed a 14-day jail stint and 23 days in UCLA’s in-patient celebrity-enabling sanctuary rehab for another parole violation.
As an occasional taxpayer (albeit in a different state), I’m annoyed California has to waste precious time and resources monitoring and jailing Lindsay, when they could be doing something useful, like banning Jay Leno. As a lawyer, I’m itching to blame someone or something(s) for her downward spiral, and I have found the proximate clause: her boobs.
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
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: