The kid, however, does understand what ‘divorce’ means.
* In the annals of “do we have to explain everything to you idiots?” a woman is suing her lawyer for failing to explain that her divorce would end her marriage. [Gawker]
* Recess appointments make for strange bedfellows. Like C. Boyden Gray, the former ambassador to the EU, or William J. Olson, formerly a Director of the Legal Services Corporation, who are hoping the Supreme Court robs President Obama of his recess appointment power. Even though Gray and Olson were, themselves, recess appointments (they claim they were “real” recess appointments defined as “before the Democrats taught everyone to run fake sessions and pretend it’s a session). Or maybe “being partisan hacks in a conservative echo chamber” makes for strange bedfellows. [New York Times]
* Let’s check back in with Law Grad Working Retail and the unfortunate concept of G-G-MILFs. [Law Grad Working Retail]
* If you’re going to steal a car, turn off your phone first. The money quote is at the end of the article when the alleged thief makes the police detective an… interesting offer. [The Journal]
* The long-running debate over legal ethics and LinkedIn endorsements has prompted the networking site to change its settings to address concerns raised by the Florida Bar. Dare I “endorse” this move? [Daily Business Review]
* San Diego used to be on the lookout for racial profiling. Now they’ve just stopped caring and a bunch of folks are rightly concerned. But what more can you expect from a city founded by the Germans in 1904? [Voice of San Diego]
* Elie was on Mike Sacks’s Legalese It! this afternoon along with Professor Garrett Epps and Professor Lisa McElroy. Video embedded after the jump… [HuffPo Live]
If there’s any question as to whether the officers subduing Octavius Johnson (who was apparently asking why a vehicle was being towed) applied excessive force (looks like the officer gets a few swings in before other witnesses arrive), it was answered by the 20+ cops who stormed the house (without a warrant, obviously) in order to seize and destroy the footage of the arrest contained in Jaquez Johnson’s cell phone. The fact that their wheelchair-bound aunt was thrown to the ground during this altercation is nothing more than a side effect of her inadvertently being between dozens of cops and the person they were pursuing.
The cops that stormed the Johnson house to destroy evidence failed to comprehend that everyonehas a camera these days — like, say, the neighbor across the street who obtained this footage of the excessive force and the blitzkrieg of Omaha cops that followed.
* A Supreme Court whose members are still afraid of using email will most likely have the final say on the NSA case, one of the biggest technology and privacy rulings in ages. Well, that’s comforting. [Talking Points Memo]
* Pittsburgh firm Buchanan Ingersoll & Rooney is reportedly in merger talks with Tampa firm Fowler White Boggs. Boy, a merger between two firms from lackluster cities sure sounds promising. [Daily Business Review]
* Law professors are completely outraged by the ABA’s proposal to cut tenure from its law school accreditation requirements. Quick, somebody write a law review article no one will read about it! [National Law Journal]
* Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]
* On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]
* Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]
* “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]
* Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]
* It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]
Everyone enjoys the law firm gone bad. Think Wolfram & Hart; Bendini, Lambert & Locke; whatever the firm was that Devil was in charge of… Cravath? All right, it was really Milton, Chadwick & Waters, but whatever. The lawyer-hating masses like to see their biases lived out in the extreme, and lawyers enjoy the competence porn of thinking a law firm can really have an evil master plan. But these firms only exist in fiction, right?
So what the hell is going on with this firm?
Accusations are flying that this law practice was massively overfilling clients, instructing clients to harass and intimidate government officials, tailing people with P.I.s to accuse folks of traffic violations, and bugging people’s cars with GPS trackers.
It’s not plotting to birth the Antichrist, but it definitely sounds like bad news…
Judges can irk you. Sometimes they mess up a decision and screw your client. Sometimes they’re almost negligently slow. Sometimes they turn out to be helping your adversary.
You want to complain about these judges, but you have to be very careful about how you do it because you may end up in front of them again and trial judges have almost tyrannical power to mess with you in court. Most judges — when they think no one is looking — practice Judge Dredd’s “I AM THE LAW!” into a mirror.
But if you’re a lawyer and you’re going to go ahead and criticize a judge, perhaps doing it publicly on a popular radio show isn’t the best option. Especially if it’s a radio show the judge listens to.
Well, that’s exactly what one lawyer decided to do.
* Let’s get ready to rumble! Senate Democrats are threatening to go “nuclear” on existing filibuster rules if Senate Republicans decide to band together to block Patricia Millett’s nomination to the D.C. Circuit. [New York Times]
* AMR Corp. and US Airways are reportedly trying to broker a deal with the Department of Justice that would allow the airlines’ merger to go through. And this is the room full of people who care. [Wall Street Journal (sub. req.)]
* Proskauer Rose and the zombie corpse of Dewey & LeBoeuf received a Halloween treat from Judge Martin Glenn in the MF Global case. The firms will each be receiving a combined $9 million for their work. [Am Law Daily]
* Twitter is facing a $125 million fraud suit filed by two financial firms claiming that the social media giant had them organize a private sale of shares and then canceled it. #OhShiat #LawyerUp [Businessweek]
* She’s got the right to remain topless: Holly Van Voast, the photographer famous for roaming the streets of New York with breasts bared, settled a lawsuit against the city for $40,000. [New York Daily News]
* A high school teacher admits to taking heroin before teaching. But it was art class, so if he wasn’t on something it would have seemed weird. [Daily Mail]
* Reed Smith issued a statement on the complete meltdown one of its partners had over Twitter. They did not go ahead and tell the partner to “go f@ck himself and die,” so that’s a start. [Roll on Friday]
* Man fleeing police threw a parrot at the police officer to slow him down. The parrot bit the cop. Polly wants some bacon. [The Smoking Gun]
* Anyone read through the new Google Terms of Service? Well, they’re going to start using your name and profile in sharing your endorsements of music and restaurants. Here’s how you can opt out if you don’t want people to know how much you love Ace of Base. [Electronic Frontier Foundation]
* A veteran news reporter is suing the L.A. Times for discrimination after he was fired for not “taking it easy” on former Dodgers owner Frank McCourt. The only person who went less easy on Frank McCourt was the former Mrs. McCourt’s lawyer. [Courthouse News Service]
* A financial trader is suing his lawyer brother because he lost a bunch of money investing in real estate from 2004 through 2007. It seems like something more significant might have happened to real estate around 2007. But hey, congrats financial traders! You’re officially worse than lawyers. [Daily Business Review]
* If reviews and endorsements aren’t honest, they undermine the entire process. [Associate's Mind]
* The House stenographer loses it during the shutdown debate. Have any court reporters done the same? [Chaos in the Courtroom]
* Matthew Berry and Nate Ravitz of ESPN give an Illinois law student a hard time. The discussion begins at the 34:00 mark. And then they start making fun of the school’s ranking at the 39:00 mark. [ESPN]
* If the government shuts down and then defaults on its debt, Wall Street worries that it would “shake the foundations of the global financial system.” Hooray for political asshattery! [DealBook / New York Times]
* At least six of the Supreme Court’s judicial precedents are up for reconsideration in the upcoming Term, and high court commentators think the resulting decisions could be a mixed bag. [National Law Journal]
* Apparently low-income New Yorkers’ legal problems are “not worthy of a ‘real lawyer,’” or at least that’s the message that will be given if non-lawyers are allowed to provide legal services. [New York Law Journal]
* Sorry, lady, not enough prestige. A Brazilian journalist was allegedly on the receiving end of some “extremely violent” police behavior at Yale Law School after attempting to interview Justice Joaquim Barbosa at a private event. [The Guardian]
* Mark Cuban’s insider trading case is heading to trial today, but we genuinely wonder how he’ll be able to convince a jury that he’s “humble and affable,” rather than the “master of the universe.” [Boston Herald]
Today marks the two-year anniversary of the Occupy “movement.” I put “movement” in scare quotes because, as far as I’m aware, Wall Street is still occupied by the same group of unaccountable interests as before. At least we have Elizabeth Warren.
While Occupy’s strike against Wall Street (however defined) has predictably failed, the lawsuits against ridiculous NYPD tactics continue. They didn’t get the “fat cats”, but they’re still suing the “attack dogs.”
And the court process is moving at its own, slow pace…
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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 seven years. You can reach them by email: email@example.com.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.