Last week, Netflix announced that it received a Wells notice from the SEC. Apparently, while the SEC was cruising Facebook (what else is there to do while neglecting to investigate Wall Street?), someone noticed Netflix CEO Reed Hastings posting that Netflix had surpassed one billion hours of streaming old episodes of Facts of Life to shut ins.
The SEC staff thinks Hastings disclosed material information in this Facebook post, possibly violating Reg FD, the 2000 regulation that put a stop to companies giving an advantage to small subsets of investors by disclosing material information between blowing rails of coke off strippers.
But Facebook isn’t a seedy strip club full of free drugs and prostitutes (read: Christian Mingle). Reed Hastings has over 200,000 “fans,” many of whom are analysts and reporters. In pursuing enforcement without exercising a little discretion, the SEC ignores these facts.
Netflix is arguing that the disclosure was not material and that most investors knew that the CEO’s Facebook page is recognized as an avenue for public disclosure.
Regardless of the specific resolution of this matter, this is one more reminder that the SEC is woefully behind when it comes to adapting to technological developments. Like, oh I don’t know, HFT perhaps?
* In the 7th grade, we abided by the “one best friend” law, so we could totally pledge our loyalty to just one dog who also definitely wouldn’t steal our boyfriend. [New York Times]
* German Chancellor Angela Merkel admits to an incident of youthful “corruption,” but would you have rather she bartered sexual favors for her driver’s license? We’re letting this slide too. [The Times]
* We hear freshmen housed in state school dorms are joining the lawsuit. [Los Angeles Times]
* Since all of my disposable income after rent, I-Pod upgrades and therapy goes to clothes, I for one can say that status is one of the more noble causes a person can embrace. I mean, honestly, without fashion, 90% of third world kids would be unemployed. [University of Chicago Law School Faculty Blog]
* Honor among greedy bastards: Corporate greedy bastards deserve their obscene paychecks, says greedy bastard M&A lawyer Martin Lipton. [Reuters]
[Ed. note: Please note that this post is signed by Stella Q. Some of us were very happy to receive obscene paychecks courtesy of Mr. Lipton. (And if Wachtell Lipton's midyear bonuses are any indication, year-end bonuses at the firm will be especially obscene this year.)]
* “Surfing champion Sunny Garcia… looked gloomy as the sentence was handed down.” Nice. [CNN]
* Justice O’Connor sat by designation on the Ninth Circuit this week. She must have had so much fun the last time she flipped a coin in California , she’s back for more. [San Jose Mercury-News]
* Another swing justice in NoCal. Justice Kennedy: “[T]he verdict on democracy is still out.” Didn’t he give this speech somewhere before? [San Francisco Chronicle]
* “The only thing missing from [Wednesday's] three-judge Third Circuit oral argument panel was any judge from the the U.S. Court of Appeals for the Third Circuit.” [How Appealing]
* Busy bees at the SEC: Civil securities-fraud suits against former execs of Delphi Corp. are expected soon. [Wall Street Journal via WSJ Law Blog]
* Poor Dick Grasso. The former New York Stock Exchange chairman must return about $100 million of his $139.5 million payout. [New York Times]
* A federal judge has ordered that Vice President Dick Cheney’s visitor logs be opened. There’s at least one name that won’t be on there. [Associated Press]
* Justice Department lawyers have lost their Federal Circuit appeal in their long-running class action suit for overtime pay. Mama, don’t let your babies grow up to be DOJ attorneys. [Washington Post]
* The Ninth Circuit has ruled against a freelance journalist and blogger who refused to testify to a grand jury or turn over video footage he took of a violent protest at last summer’s G8 summit. The journalist, Josh Wolf, will seek an en banc rehearing. [New York Times]
* The latest news in Spitzer v. Grasso: Dick Grasso’s looking for a new judge, baby, a new judge. Eliot Spitzer is looking for a way to make his eyes look less beady. [Wall Street Journal via WSJ Law Blog]
* The fellow we mentioned yesterday, who had sex with his 14-year-old sister, has lost his suit to keep his identity off Virginia’s online sex offender registry. [Washington Post via How Appealing]
* Not directly related to the law, but interesting: Harvard University is ending its early admissions program next year. (And it has an indirect connection to the law, insofar as it might affect the educational paths of future lawyers.) [Wall Street Journal]
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: email@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!