Beastie Boys sabotage Monster Energy’s defense in intellectual property suit.
The adage that law turns slowly does not hold in eDiscovery. This year saw unprecedented sanction awards for falling behind the curve. Courts did not hesitate to engage with advanced and nuanced technological issues. For lawyers and other eDiscovery professionals who plan on maintaining basic competence, these cases and trends shouldn’t be overlooked. For a full exploration of trends and developments in this area of case law, check out this on-demand webinar.
* Just in time for Halloween, here’s a real Night of the Living Dead scenario. In Ohio you only have 3 years to challenge a ruling that you’re legally dead. After that, regardless of how f**king “alive” you are, you have to stay dead. [WTAE]
* Remember the epic Ninth Circuit benchslap oral argument? Well, the government read the writing on the wall and has confessed error and vowed to use the video of the oral argument as a training tool for its attorneys. We hope they’ll consider using the ATL write-up as supplemental reading material. [The Volokh Conspiracy]
* Corporette offers some good advice on how to write great cover letters. A good start is not writing one like this guy we profiled awhile ago. [Corporette]
* A fund has been set up to help the man injured in the alleged hit-and-run involving a Hastings student. [We Pay]
* Law schools tell us they’re moving toward a model encouraging practical skills… and keep hiring more professors without any practical skills. #fail [Lawyers, Guns & Money]
* Does anyone remember 16 Tons by Tennessee Ernie Ford? Let’s say you do. Here are revised lyrics for 1Ls. [Law Prof Blawg]
* Infographic telling us what we all knew — the bubble done burst. [Online Paralegal Programs]
* The Ole Miss FedSoc has readopted Colonel Reb, the now departed Ole Miss mascot, who the student body rose up and tried to replace with Admiral Ackbar solely because the collected student body figured out this was racist (prompting one of my friends to create this brilliant image). So as Elie asks, “Is it really news that the Ole Miss FedSoc is raceist?” [Ole Miss]
* A visit with Bill Coleman Jr., the first African-American Supreme Court clerk. [Judicial Clerk Review]
* More about the Stephentown incident in which 300 kids broke into a guy’s house and live-tweeted the $20,000 in damage they did. Some parents have threatened to sue him for identifying the kids who ruined his house — because blaming the victim is awesome! [IT-Lex]
* Today in contrarian arguments, fracking could solve the global water crisis. [Breaking Energy]
* Update: Yesterday we reported about the California courts denying class certification in the Thomas Jefferson School of Law case. Apparently that was a tentative ruling and the parties have since had a lengthy argument in front of the judge. So there’s still hope! [San Diego Courts]
* A Houston-area law grad is hoping to crowdfund her law school debt repayment. While that sounds annoying, instead of blaming her, let’s blame Zach Braff for giving her the idea. Always blame Zach Braff. [Go Fund Me]
* Law school as explained by a bunch of GIFs from Titanic. They missed the one about the Captain looking hopelessly at the iceberg as metaphor for deans staring at employment statistics. [Buzzfeed]
* Could you charge Marty McFly in 1985 for things he did in 1885 since he knew they were going to be illegal 100 years later? [The Legal Geeks]
* The former chief legal counsel to the old governor of Missouri is accused of posting naked pictures of an ex-lover online. This continues today’s theme of “Missouri lawyers that should know better.” [Missouri Lawyers Weekly]
* More on the legal storm surrounding the Danzinger Bridge killings: veteran prosecutor Karla Dobinski self-reported her involvement in making online comments and is being investigated. Dobinski posted under the alias “Dispos,” which means alcoholics. So someone might want to keep an eye on her drinking after she loses her job. [The Times-Picayune]
* M.I.A. has been largely MIA since the Super Bowl when she flipped off the masses. The NFL is suing her for $1.5 million for breach of contract and she refuses to pay, noting that the shameful display of the cheerleaders was far more offensive. [TMZ]
* An essayist wants to stop being judged because she doesn’t have student loans. “I am responsible and fortunate for the resources I have.” Totally. Except when you read the whole article you have to replace “I am” with “my parents.” [Thought Catalog]
The Insane Clown Posse allegedly sexually harassed their former lawyer and tried to force her to commit illegal and unethical acts, according to this graphic complaint.
* A lawyer fresh out of law school botched a domestic violence case by gushing all over Tom Hanks… who was serving as a juror. Which, in fairness, was awfully Big of him. [TMZ]
* Federal prosecutors are seeking at least 27 years in prison for a Massachusetts man who authorities say plotted to kill and eat his children based on a search of his home and car, which is presumably a Saturn. As one law professor observed, “Perhaps the lawyer will make a free exercise argument and claim that eating children is a requirement of his religion.” [CNN]
* If you’re going to drink and drive, be sure to toss a few back with the judge first. [KVUE]
* A criminal defense lawyer who begins every cross by making the cop look more humane and respectable. I thought the public defender from My Cousin Vinny was the lowest criminal defense could go in the comical incompetence department. [Katz Justice]
* Putin crony claims 100 percent of profits in a “public” oil company by flat ignoring minority shareholders. Shhhh! Stop giving Exxon ideas. [Breaking Energy]
* Elizabeth Wurtzel knows music (a subject she covered for the New Yorker for New York Magazine). In this article, she writes about The Replacements (something Wurtzel has made her past employers, including Boies Schiller, become familiar with). [The Daily Beast]
* On Monday, the American Constitution Society will host a preview of the upcoming Supreme Court session. Panelists include Pamela Harris, Randy Barnett, Joshua Civin, Andrew Pincus, and David Strauss. [American Constitution Society]
* Then next Tuesday, The Cato Institute’s Center for Constitutional Studies will host a symposium titled “The Supreme Court: Past and Prologue: A Look at the October 2012 and 2013 Terms.” Panelists include Tom Goldstein, Marcia Coyle, and Howard Bashman. [How Appealing]
It may be fun to stay at the Y.M.C.A., but don’t sing about it.
Where did Derrick Wang come up with the idea for his “Scalia/Ginsburg” opera?
Take our quiz and test your knowledge of one of the most crucial aspects of legal tech: Ediscovery.
* Sagging is one of the best anti-crime tools going. Since it stymies people who actually commit crimes, it seems to work better than stop-and-frisk… [Lowering the Bar]
* From an appellate brief in New York: The “’Question Presented’ stated only “’WHAT’S A BOY TO DO?’” What, indeed. [MyCase]
* Geraldo Rivera is out of an upcoming symposium on the Kennedy assassination reviewing the accuracy of the Warren Report. The reason? This half-naked selfie. I know he’s against wearing concealing hoodies, but dude, there’s a middle ground. [Inside Higher Ed via TaxProf Blog]
* Are energy drinks the next tobacco? ::sips from old-school Four Loko:: [Law and More]
* W(h)ither equity partnerships in Biglaw? [Adam Smith, Esq.]
* Professor Josh Blackman discussing his new book Unprecedented: The Constitutional Challenge to Obamacare (affiliate link). [Josh Blackman’s Blog]
* A Blurred Lines parody video made by law students less than thrilled with the date-rapey message of the original. It’s got some language that you don’t want to blast in the office (though, again, it’s fundamentally less offensive than what Thicke actually sings). Embed after the jump…
* Former federal prosecutor Moe Fodeman of Wilson Sonsini breaks down the case against Walter White. Spoiler: Fodeman thinks Orange Is the New Black for White. [Esquire Culture Blog]
* President Obama joins the chorus calling for an end to the 3L year. But when will students take all those “Law and Running a Massive Domestic Spying Operation” seminars? [Buzzfeed]
* At the end of this HuffPost Live clip, Elie suggests anti-gay clergy should unsubscribe from the Bravo network. Seems unfair to those who enjoy watching “Real Housewives of the Provo Tabernacle.” [HuffPo Live]
* Scottie Pippen and Horace Grant formed a dominant NBA Jam team. But without Grant, Pippen got dismantled by the duo of Easterbrook and Posner (and Williams). [FindLaw]
* Jim Beam has resuscitated Seinfeld attorney Jackie Chiles in a new ad campaign about suing bears for stealing honey. It mkaes slightly more sense when you see the whole ad. Slightly. [Hollywood Reporter]
* Judge E. Curtissa Colfield seems to have gotten a little drunker than she thought the other night and started berating cops. Maybe drinking is why she had that problem getting those decisions issued on time. [Legal Juice]
* Is rapping about crime probative to charges of committing a crime? Both the majority and dissenting opinion are worth a read. [Las Vegas Law Blog]
* Speaking of…. Taking the Notorious R.B.G. label seriously, here’s some SCOTUS-themed lyrics to Biggie’s Juicy. Embed after the jump….
The artists behind Blurred Lines file a federal action for a declaratory judgment that their song isn’t a ripoff. You be the judge.
* Chris Brown might buy his lawyer Mark Geragos a Lamborghini. Brown is quite an automotive expert. The upswinging doors make it sooo much easier to throw a girlfriend out of. [TMZ]
* Politics is all about figurative whoring, but a county board has dumped its lawyer for soliciting a crack whore. Actually, maybe politics is literal whoring. [Badger Pundit]
* Gourmand’s Grater, the kitchen product created by a former lawyer we mentioned a couple weeks ago, has opened its crowdfunding campaign. [Indie GoGo]
* Finnegan is ditching its Belgium office and moving to London. How can a firm turn its back on a city classy enough to have a urinating child as a symbol? [The Lawyer]
*Access online today’s nude dancing decision of the U.S. Court of Appeals for the Eighth Circuit. And you’re interested because this is the audience that went crazy for a post about a Playmate from 1994. [How Appealing]
* Did you fall for the new U.S. News rankings? Silly readers. Paul Campos breaks down exactly how Rutgers-Newark gamed the system. [Lawyers, Guns & Money]
* In a New York state case, “[a] calendar call in the courthouse would require the clerk to shout out ‘JesusIsLord ChristIsKing’ or ‘Rejoice ChristIsKing.’” See, now THAT is a name that’s sacrilegious — not having a baby named Messiah. [NY Times]
* Yet another reason students should steer clear of law school: most of them have no critical thinking or argumentation skills. [Huffington Post]
* We’ve mentioned NYU Law grad and former S.D.N.Y. clerk Eli Northrup and his band Pants Velour before. Now they have a new jingle for Dial 7 car service. Check it out after the jump….
4th Circuit, Antonin Scalia, Biglaw, California, Constitutional Law, Crime, Gay Marriage, Health Care / Medicine, Law School Deans, Law Schools, Morning Docket, Murder, Music, Ruth Bader Ginsburg, SCOTUS, State Attorneys General, Supreme Court, Trials
* You’ve seen Justice Ruth Bader Ginsburg give Justice Antonin Scalia the finger in prose, but now you can hear what it would sound like in operatic form as composed by a recent law school graduate. [NPR]
* The Fourth Circuit upheld Obamacare’s employer mandate against Liberty University, calling it a constitutional tax, just like the individual mandate. Now’s a perfect time for a sip of Campari. [WSJ Law Blog]
* The Fried Frank toner bandit was sent to the slammer, but alas, it’s unlikely that the firm will be able to recover any of its losses. Too bad, it could use the cash after its 2012 performance. [Am Law Daily]
* Crisis? What crisis? The dean of UC Davis Law refuses to trim class size, but that doesn’t really matter — the application cycle is handling the situation quite nicely. [Sacramento Business Journal]
* Pennsylvania’s Attorney General Kathleen Kane won’t defend the state against a lawsuit seeking to overturn its ban on same-sex marriage. She’s choosing the people over politics. [New York Times]
* With his trial quickly drawing to a close, George Zimmerman is growing increasingly worried about his future. Let’s face it, even if he’s acquitted, living in hiding isn’t a very good look for him. [ABC News]