Our apologies to those of you who sat for the bar exam today. We forgot to wish you good luck, unlike the QuizLaw kids:
It’s a special day for the country’s future lawyers — over the next two to three days, thousands of recent law graduates will take the bar exam. Most will pass, some will not. Somewhere, in some state, at least one person will freak the fuck out during the exam. That person will then become part of bar exam lore, an anecdote passed down from bar taker to bar taker to make them feel better about their chances.
Could ATL’s failure to wish you good luck be responsible for the earthquake that hit California in the middle of today’s test? We hope not. Talk about “bar exam lore” — an earthquake certainly qualifies.
Anyway, we won’t make the same mistake twice. To everyone taking the bar exam this week, GOOD LUCK!!!
If you’re one of the poor souls going through the ordeal of the bar exam, and checking ATL between day 1 and day 2 — or maybe on the eve of day 1, for those of you in Wednesday – Thursday jurisdictions — feel free to tell us how you’re feeling, in the comments. Earlier: Breaking: Earthquake Hits California on Day 1 of the Bar Exam!
[Ed. note: This post is by ARNIE BECKER, one of the finalists in ATL Idol, the "reality blogging" competition that will determine ATL's next editor. It is marked with Arnie Becker's avatar (at right).]
Fremont County judge Timothy O’Grady has been called on to determine the legal difference, in Iowa, between a strip club and a performing arts center. In Iowa strip clubs are illegal, however, there is a loophole which exempts performing art centers, theaters and concert halls from some state obscenity laws — including nude dancing.
As reported by the Associated Press:
The case pending before a Fremont County judge effects only one business in Hamburg, but if he agrees with the prosecutor, it could eventually threaten the legal standing of nude dancing clubs across the state.
The charges were brought in connection with a July 21, 2007, incident. A 17-year-old Hamburg girl, the niece of Fremont County Sheriff Steve MacDonald, danced nude onstage at the club.
It was a typical summer night, the Hamburg High School graduate testified Thursday. She and four girlfriends were drinking at a friend’s house when they decided to meet up with three boys at Shotgun Geniez. She had already had six drinks when she got there. As the group of eight walked in, two of them proffered their driver’s licenses, but Judy, who was working the door, did not ask for the identification of the underage girl, several people testified Thursday.
Once inside, the girl said she drank another beer – given to her by a “stripper” – and then lay down on the stage with a dollar in her bra. The dancer pulled the girl’s shirt and her bra up, exposing her breasts, before taking the dollar.
Later, a dancer pulled the girl onstage, where she helped her disrobe. She danced to one song while fully nude.
She put her clothes back on and drank another beer given to her by a dancer, she said. Later, she took the stage and danced nude again.
[Ed. note: This post is by FROLIC & DETOUR, one of the finalists in ATL Idol, the "reality blogging" competition that will determine ATL's next editor. It is marked with Frolic & Detour's avatar (at right).]
Why was ATL so fascinated by Shinyung Oh? Partly because it was juicy drama, and partly because she’s practically the only lawyer who’s given the world a straight story about a big-firm layoff. Partners and associates alike accept severance packages that keep them quiet, and while you can’t blame them for taking the cash, no one else can learn from their experience. We all figure that firms’ PR departments are feeding us BS when they claim that layoffs have always been part of the annualreviewprocess, but we haven’t had any eyewitness testimony on that point.
Today, ATL breaks the silence with an exclusive insider’s view of partner layoffs. Out of the dozens (hundreds?) of AmLaw 100 equity partners who’ve lost their jobs in this recession, we found a small number who were willing to talk to ATL about their experiences. According to their co-workers, our sources were well liked and doing good work when the axe dropped … they just didn’t have clients of their own. The picture they painted for ATL includes one piece of good news: well-informed young lawyers (i.e., ATL readers) have a pretty good understanding of how partners have become vulnerable to layoffs. On the other hand, it’s no cause for celebration that we were right about how dismal the picture has become.
Read more, after the jump.
[Ed. note: This post is by ALEX, one of the finalists in ATL Idol, the "reality blogging" competition that will determine ATL's next editor. It is marked with Alex's avatar (at right).]
I heard once that people don’t like lawyers. Upon honest reflection, I’m inclined to agree with them. Hell, some people might not like me, even though I’m pathologically nice, fun at parties, and a member of the ABA.
Of course, hating lawyers is never justification for killing lawyers. Shakespeare be damned.
Earlier this month, the wife of a Tennessee lawyer became the avatar of lawyer-hate, strangling her husband and hiding his body in the bedroom closet with, presumably, all of the other unmentionables.
So reports WATE News Channel 6:
Nashville police arrested the estranged wife of an attorney in his strangulation killing. A housekeeper found the body of 44-year-old James Cannon in a bedroom closet on June 23. Police said Cannon had custody of the couple’s children, who are 9 years old, 7 years old and 18 months old. Cannon had filed for divorce from Kelly Cannon in February and obtained an order of protection to keep her away from him and the children.
Mrs. Cannon’s story seems, um, airtight:
Police said Kelly Cannon told them she went to her husband’s home the night of June 22, but said she couldn’t find him.
You know, I would have never seen this coming from Mrs. Cannon. I’ve always trusted women with arty glasses. Never again.
It’s a shame, though; there are much more entertaining and lawful ways to seek revenge on a lawyer, like deleting the serial commas throughout the final draft of a brief or replacing all of his two-button suits with three-button suits.
In any event, this woman is clearly a threat to our people and should be prosecuted to the fullest extent of the law.
[Ed. note: This post is by MARIN, one of the finalists in ATL Idol, the "reality blogging" competition that will determine ATL's next editor. It is marked with Marin's avatar (at right).]
If you’ve ever secretly read somebody else’s email 537 times, turns out you’re not alone. Larry Mendte, former CBS3 Philadelphia news anchor and Botox enthusiast, allegedly hacked into his former co-anchor Alycia Lane’s personal email accounts 537 times since January 2008 and leaked the contents of some of those emails to the press, according to the criminal information filed last Monday. What makes this case interesting is not the charge itself (one felony count of intentionally accessing a protected computer without authorization; Mendte is expected to plead guilty on August 22), but the fact that this case appears to confirm that there are real-life Ron Burgundys among us: vain, jealous and 100% ridiculous. According to Lane’s attorneys, Mendte, insanely envious of Lane’s 8.7% higher salary (Lane supposedly made $780,000, Mendte about $100,000 less), embarked on a campaign to sabotage her career by installing keylogger programs to obtain Lane’s passwords, which he then used to compulsively check Lane’s emails from work. And home. And vacation. And his country club. Lane unwittingly assisted Mendte in his plot to undermine her by sending pictures of herself in a bikini to married NFL Network anchor Rich Eisen, which were intercepted by Eisen’s wife. It is believed that Mendte leaked the correspondence to the press, including the wife’s classic response:
Boy, do you look amazing in a bikini . . . congrats! Whatever you’re doing, (Pilates? yoga?) keep doing it – it’s working for you. Anyway, sorry but those seven e-mails you sent to my husband, Rich, well, oops, they came to the e-mail address we both use from time to time, but no worries, I’ll forward the beach shots as well as the ones of you dancing with your friends on to his main address. Do you have it?
Mendte also allegedly leaked certain privileged communications between Lane and her lawyer concerning that one time when she allegedly assaulted a police officer and accidentally called her a “dyke b*tch.” Stay classy, Philadelphia.
Evidently Mendte was so busy hacking into email, subverting attorney-client privilege and leaking private information to the press that he failed to consider that his lower salary was merited. It takes more than a Cheshire grin and a plastic face to succeed as a news anchor, and unfortunately for Mendte, his spray tan could not mask his complete ineptitude as an investigative journalist.
[Ed. note: This post is by SOPHIST, one of the finalists in ATL Idol, the "reality blogging" competition that will determine ATL's next editor. It is marked with Sophist's avatar (at right).]
Nebraska’s Attorney General Jon Bruning might want to call OnStar before he files his next lawsuit.
In January, Bruning filed suit to stop the Ponca Tribe of Nebraska from constructing a casino on their reservation lands. Unfortunately for Bruning, the Ponca Tribe planned to build their casino in Iowa. In papers filed Friday, the DOJ argued that Bruning lacked standing to block the casino’s construction. The Government could have pointed out that Bruning’s lawsuit is also entirely redundant, given that the Attorney General of Iowa has already filed an appropriate action. How many state Attorneys General does it take to fight off the natives and their tricky card games?
In response to the DOJ’s clever Google maps defense, Bruning refused to bow to any “juris-my-diction” flak. In an email to the Omaha World-Herald, Bruning defended his lawsuit by noting that gamblers might drive through Nebraska to get to the Ponca casino. It will be fun when Bruning claims lordship over Las Vegas, another destination that is hard to get to from Iowa without passing over or through Nebraska.
Posturing lawsuits of this nature are part of a pattern for Killjoy Jon. His other career highlights include leading the charge against salvia, the psychotropic sage that briefly made YouTube fun again. Not surprisingly, his attempt dramatically increased sales of the drug. Bruning did not let the legislature’s refusal to act stop him from enforcing the non-existent statute. On March 10, 2008 a salvia purveyor was arrested for what some would describe as selling a substance we’d very much like to control someday.
To the extent that Bruning’s grandstanding (not my word) distracts him from protecting Nebraskans against thieving crows and other heartland menaces, his reasons are understandable. Like so many attorneys, he is absolutely desperate to get out of the legal profession. Bruning, a Republican, started running for Chuck Hagel’s Senate seat before Hagel even announced his retirement. Having aborted that campaign, Bruning now casts a lascivious eye towards Democrat Bob Nelson’s seat in 2012, or a future gubernatorial run.
Whatever his ambitions, it is unlikely the Ponca Tribe of Nebraska will stand in his way, since the Ponca’s problems, of course, are with Iowa.
Yesterday we announced that the new editor of Above the Law will be picked by the readership, through a “reality blogging” competition called ATL Idol. We also introduced you to the six finalists.
The contest has received shout-outs from Dan Solove, over at Concurring Opinions, and Ann Althouse, over at Althouse (who is one of our celebrity judges — but NOT Paula, mind you). Please do what you can to spread the word. If more people vote in the contest, the result is more likely to be “accurate” (in terms of generating a deserving winner).
The tasks the bloggers will be asked to tackle will vary over the three weeks of the contest. Here’s an outline of what to expect this week.
In the first week of competition, the aspiring ATL Idols will write three posts (not counting yesterday’s short bios). Two are what we’re calling “freestyle” posts, but they’re not completely free. One must be a humorous, “___ of the Day” post — e.g., Lawyer, Lawsuit, or Judge of the Day — and one must be more serious or substantive.
The freestyle posts will be published today and Thursday. Contestants can choose the order in which to do the posts — e.g., humorous today and substantive on Thursday, or vice versa — but must do one of each during the week (i.e., not two humorous posts or two serious posts).
On Wednesday, we’re conducting what we’re calling a “head-to-head” round. We’ll publish the contestants’ different takes on the same story (actually, a pair of comparable stories — the contestants can choose). The head-to-head round is designed to show how the bloggers all tackle the same or similar stories, to eliminate any advantage one might derive from an extra-juicy set of facts.
The head-to-head round will be judged by ATL Idol’s distinguished panel of judges:
Ann Althouse, Robert W. & Irma M. Arthur-Bascom Professor at the University of Wisconsin Law School, and author of her eponymous blog, Althouse;
Tom Goldstein, head of the D.C. litigation practice and co-head of the firm-wide Supreme Court practice at Akin Gump, and founder of SCOTUSblog; and
Dahlia Lithwick, senior editor of Slate (where she blogged at Convictions), author of two books, and a contributor to the New York Times and the Washington Post (among many other publications).
On Thursday, we’ll publish the other half of the bloggers’ freestyle posts. Also on Thursday, the judges will write up their reviews of the head-to-head round, and send them in to us.
On Friday, we will post the judges’ reviews of the bloggers. These expert reviews are designed to guide and inform the electorate. But just like on Idol, the people decide who stays and who goes. The opinions of the judges are merely advisory.
Also on Friday, after posting the panel reviews, we will open the reader polls. The polls will be kept open over the weekend (exact closing time to be announced). The bottom two contestants will be eliminated, and the four remaining contestants will move on.
So that’s what we have in store for you. The first of the freestyle posts will be going up this afternoon. Thanks for reading! Earlier: Welcome to… ATL Idol! ATL Idol: Meet the Finalists
What are your thoughts on LLM degrees for U.S. law students? I’m considering an LLM program in Intellectual Property, to gain more experience and make myself more desirable for law firms. Do you have any advice whether this is a good idea or not?
We aren’t experts in the IP field. But as it turns out, the value of LLM degrees was the subject of a prior open thread, back in January. It was more focused on LLMs in tax, but there was some discussion of intellectual property:
“What if I want to teach? Can an LLM – but not in tax, probably in IP – help me?”
“[I] hear G.W. has a killer LLM in IP Law if you are interested in IP matters.”
“The down shot of an LLM in IP, especially if you are into patents, is that it is generally more advisable to spend the money you are considering on an LLM in IP on a Master’s or PhD in a science discipline instead.”
“An LLM will not help you get a job in IP. Period.”
“An LLM in IP isn’t going to help a wannabe patent litigator get a patent litigation job just like being a patent litigator will never make you a real patent attorney . . . unless you actually have a hard science background and can sit for the patent bar.”
Those thoughts were fairly general. We asked our source for more information about his specific circumstances:
I am a rising 3L at mid-30s school, and I’m in the middle of my class. My grades are improving, and I’m involved in extracurriculars like law journal and student organizations, but I still haven’t been able to get any attention from firms at OCI. My interests are trademark and copyright law, and I have considered getting an LLM IP to make myself more attractive to employers.
I’m wondering: What are the top IP LLM programs? Does someone with in my situation have a shot at being admitted to a top program? Would it even be worth it in the long term?
If you have information or opinions responsive to these questions, or if you have views on the value of LLM degrees in the IP world more generally, please share in the comments. Thanks. Earlier: The Value of an LLM Degree: Open Thread
A court in the Indian state of Bihar is putting a dog on trial. It’s not the first time “Chhotu” has been in trouble with the law. He was sentenced to death in 2003, but he must have a good lawyer, as he managed to get out of the death penalty.
Here’s the tale of doggy-style justice from BBC News:
“The court was compelled to issue a summons to the dog since the police found that it was a threat to peace and feared that it might create a law and order problem,” district official Rajiv Ranjan said.
In court Chhotu appeared to have been on best behaviour.
“Despite the presence of so many people in the courtroom the dog did not bite or bark at anyone,” the canine’s lawyer Dilip Kumar Deepak said in defence of his client.
The case continues and Chhotu has been ordered to appear in court again on 5 August, together with his owner, childless widow, Rajkumari Devi.
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
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: