Next year, the Supreme Court will decide whether it’s okay for law enforcement to put a GPS tracking device on someone’s car without a warrant. Some courts say yes and some courts say no. If it’s not the po-po tracking you, though, but a spouse who suspects you might be cheating, a New Jersey court says, “Go for it.”
A New Jersey woman hired a private investigator to follow her husband to find out if he was straying. Her husband, Kenneth Villanova, a Gloucester County sheriff’s officer, kept managing to lose the investigator [*insert high-speed car chases here*]. So the investigator, Richard Leonard, advised his client to put a tracking device in her husband’s car, reports the Star-Ledger. She put it in the glove compartment of their jointly-owned GMC Yukon.
Busted: Within two weeks, it revealed Villanova’s car sitting in the driveway of a woman who was not his wife. Oh, the bittersweet pleasure of catching a partner in the act.
Villanova was not pleased. He sued his wife and Leonard for invasion of privacy and for causing him “substantial and permanent emotional distress.” My married colleague Matt Herper has (jokingly) remarked to me before that there is no privacy in marriage. Asked to clarify, Herper says: “There’s no presumption of privacy, or right to it. If invading a spouse’s privacy is an offense, it’s probably a smaller one than expecting to keep very many secrets.”
The New Jersey appellate judges came to the same conclusion, but with slightly different reasoning…
I’ll always be grateful to Paul Bergrin, the New Jersey federal prosecutor turned notorious criminal defense attorney. Thanks to him, I’ll never have to worry about being the most scandalous alumnus of the U.S. Attorney’s Office in Newark.
While working as an assistant U.S. attorney, I wrote a mildly snarky blog about federal judges, pretending to be a woman, until I outed myself in the pages of the New Yorker. That pales in comparison to what Bergrin stands accused of doing, including (but not limited to) the following: operating a real-estate scam, which defrauded lenders of over $1 million; running a high-volume drug dealership, which was apparently big enough to move 120 pounds of uncut cocaine; running an illegal escort service; and, most seriously of all, having witnesses murdered to keep them from testifying against his clients.
It’s hard to believe that Paul Bergrin was once a federal prosecutor. It’s not hard to believe that he is, in the words of New York magazine, “The Baddest Lawyer in the History of Jersey.”
But let’s recall that the charges against Bergrin are just that — charges, which Bergrin disputes. Last week, represented by prominent defense lawyer Lawrence Lustberg, Bergrin appeared in federal court in Newark and pleaded not guilty to all 33 counts in the 139-page indictment. Bergrin’s trial is currently set for October 11 before Judge William J. Martini.
In light of the astounding charges leveled against him, Paul Bergrin has taken on a larger-than-life aura — the man, the myth, the legend. What is he really like?
Every season leads to more opportunity for me. I want a future too. I was going to go to school to get my law degree, but I really don’t want to do that work in the ant farm world. I’m seeing where it leads me, I want to be a performer.
* Opponents of “three strikes” hope that the SCOTUS decision requiring California to reduce its prison population by 33,000 inmates will help them to repeal three strikes. Four balls, standing eight count, and wicked googly are among sports terms vying to take its place. [San Diego Union Tribune]
* A law firm librarian in New Jersey is suing her old firm and police for being falsely arrested and accused of pulling a fire alarm in the law firm’s building. This lawsuit is long overdue. Dewey even need to check out the complaint? Folio microfiche rare books. [New Jersey Law Journal]
Another day, and another round-up of terrible job opportunities available to J.D. holders. I think it’s important to continue bringing these jobs to your attention. I think it’s important to have a place on the web where people can go to answer the question: Why is it a big deal if Indiana Tech opens another law school? Somebody needs to keep an eye on what future graduates from such institutions will be doing for a living.
Today we’ve got two God-awful job opportunities. As we’ve said repeatedly, you can’t get on our radar as a terrible job unless you are offering something more interesting than low pay for overqualified individuals (though offering a Depression era hourly wage is always a good start).
Check out these two jobs, which add the insult to injury that unemployed J.D. holders are really looking for…
Molly Wei, the pretty ex-Rutgers student who was charged with two counts of invasion of privacy in the Tyler Clementi case, has reached a deal with the prosecution. Wei, 19, has been admitted to a pre-trial intervention program that could result in the charges against her being dismissed.
What does Wei have to do as part of the PTI program?
'GTL + BR'? Or, for the uninitiated, 'Gym Tan Laundry + Bar Review.' (Photo courtesy of a New Jersey tipster.)
Let’s call this “Bar Exam Open Thread: The Much-Maligned States Edition.” Since our last bar exam open thread, we know of two major states that have announced: Texas, on May 5, and New Jersey, on May 3.
These two states sometimes get bad raps — unjustifiably so, in my opinion….
Last September, Rutgers freshman Tyler Clementi jumped off of the George Washington Bridge after his roommate, Dharun Ravi, surreptitiously recorded and then broadcast footage of Clementi hooking up in his room with another man.
Clementi’s death touched off an important national conversation about the bullying of gay teens and the need to reach out to them so they don’t feel so isolated. If anything good can come from Clementi’s suicide, it will be to make people commit to helping gays and lesbians as they struggle through adolescence and young adulthood in sometimes hostile communities.
Unfortunately, it doesn’t appear Tyler Clementi will be the only martyr for this cause. No, there are some people hellbent on making sure that another young life is effectively ruined, and some of those people work for the state of New Jersey.
Charges flowed out of the grand jury today for Clementi’s roommate and “tormentor,” Ravi. Based on the allegations in the indictment, you’d think Ravi had been running for the Republican nomination for President instead of acting like an 18-year-old college freshman…
It so happens that we are right in the middle of election season for law review boards. At top law schools around the country, 2Ls who want to be Supreme Court clerks — or Supreme Court justices, or even presidents — are finding out if they’ll be able to include “Editor in Chief: Law Review” on their résumés for the rest of their lives. At less prestigious schools, 2Ls are hoping that a place on the editorial board of their school’s law review will help them get a job upon graduation.
(And people who are not on law review have another week or two to get hammered and enjoy the fledgling spring before they need to hunker down and cram for finals.)
The people involved in law review elections take the popularity contest selection process very seriously. At many places, the debates over whom to pick last well into the night, and the election takes many ballots before a winner is declared. The process at many places is so ritualistic, it’s a wonder that newly minted editors-in-chief don’t adopt new names when they win, just like the Popes. Can’t you see it now: Homosextius I of the Harvard Law Review?
Of course, if there are winners, there have to be losers. And some losers don’t take their losing lying down. Thanks to the magic of forwarded emails, we are able to bring you one such story of law-review-losing bitterness…
* It would probably be good if I had heard of more than a handful of the 34 most influential lawyers in the United States. Now this is going to turn into a Pokémon-esque game for me. [National Law Journal]
* Instead of fighting over App Stores, BigLaw, and SmallLaw, shouldn’t tech innovators be innovating instead? Because seriously, who fights over generic trademarks? That’s so SmallLaw. [New York Times]
* Bret Michaels suffered the horrors of the STD-laden Rock of Love Bus without injury, yet Broadway gave him a brain hemorrhage. Go figure. I guess every rose really does have its thorn. [Reuters]
* Speaking of buses, lawsuits seeking a total of $220 million have been filed in the wake of the World Wide Tours crash. On the bright side, the odds here will likely be better than playing the Mohegan Sun slots. [Sify News]
* A severely disabled mother was granted visitation time with her kids. If Terri Schiavo was alive today, she would have blinked with happiness after learning about this precedential decision. [Huffington Post]
* Two all-beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun. Oops! McDonald’s, you forgot the public masturbation — but I guess that’s the special sauce. [Orlando Sentinel]
* Some “real housewives” of New Jersey are suing Campbell’s over salty soup. Let’s get real here: New Jersey housewives don’t know how to cook. Using the microwave doesn’t count. [Star-Ledger]
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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