Pranks

Perkins Coie Gets E-Male; Does This Qualify as a Legal Response?

By Kashmir Hill

Just when you thought “revenge porn” couldn’t get worse, IsAnyoneUp came along. In addition to posting user-submitted nude photos — often sent in by someone’s angry ex — the site’s proprietor, Hunter Moore, includes a screenshot of the amateur porn star’s Facebook profile page, so that it’s clear exactly who the person is, where they live (and work), and how to contact him or her. It’s not the only porn website where those featured get “poked,” but the only one where visitors get to do the poking.

Those featured on the site have struggled to get their photos taken down — the most successful legal approach so far has been to claim copyright and issue a DMCA takedown notice. Now Facebook is bringing its legal power to bear. Facebook had its lawyers at Perkins Coie send the site a cease-and-desist notice, saying Moore was violating Facebook’s terms of service by harassing users and posting their content without their consent. Moore immediately posted a copy of the letter to his NSFW site, and was excited to send Perkins lawyer Joseph Cutler a response.

“I replied with a picture of my dick,” he told Gawker. Classy.

Continue reading at Forbes.com….

Love Hurts, Especially When Your Boyfriend Gives You a ‘Tatt-poo’

By Staci Zaretsky

UPDATE (5 PM): Sigh. According to the Smoking Gun, the “poop tattoo” story — reported by The Sun and picked up by Drudge, among many other outlets — is full of crap. But it was fun while it lasted, no?

Some people love tattoos, other people hate them. I’m one of those “other people.” I have no idea why people would want to turn their bodies into coloring books. But if people want to permanently decorate themselves, then by all means, go right ahead.

Besides, if people weren’t so obsessed with inking their bodies, we wouldn’t have awesome lawsuits like this one to talk about. Here’s some background information before we get into the heart of this case:

Boy, a tattoo artist, meets Girl. Girl is a nerd who has a thing for Narnia. Boy and Girl fall in love. Girl decides that in addition to Narnia, she has a thing for Boy’s best friend. Girl cheats on Boy, thinking Boy is none the wiser. Girl asks Boy for a Narnia tattoo. Boy finds out Girl’s dirty secret, and begins to plot his revenge….

double red triangle arrows Continue reading “Love Hurts, Especially When Your Boyfriend Gives You a ‘Tatt-poo’”

Tyler Clementi’s Family Learns That ‘Discovery’ Is A Bitch

By Elie Mystal

Tyler Clementi and Dharun Ravi

As we mentioned in Friday’s Non-Sequiturs, the legal team of Dharun Ravi has moved to dismiss the criminal charges against Ravi stemming from the suicide of Tyler Clementi. As many of you know, Clementi committed suicide after Ravi streamed video of Clementi hooking up with another guy.

Lawyers to Dharun Ravi discovered comments from Clementi suggesting that Clementi was concerned about his parents’ reaction to his sexual orientation. Other Clementi messages are getting more headlines. According to New York Magazine, Clementi “also made jokes about Ravi’s family, calling them ‘sooo indian / first gen americanish…his rents defs owna dunkin [donuts].’ In other words, typical teen asshole gossip, on both sides.”

Typical is how I’ve been describing Ravi’s behavior from the very beginning. I didn’t need the system digging into the past of a suicide victim to determine whether his roommate “caused” him to take his own life.

But this is what many people wanted. So now that we’re here, I’m wondering if people are happy….

double red triangle arrows Continue reading “Tyler Clementi’s Family Learns That ‘Discovery’ Is A Bitch”

Lawyer of the Month: April Reader Poll

By Elie Mystal

We’re a little bit late with April’s lawyer of the month reader poll. First of all, we’ve been doing a lot of reader voting so far in this month. (There are still a few hours for you to vote in our Law Revue Video Contest.)

The other reason why we’re a bit delinquent this month is because we think we know who is going to win. It’s not every day that a recent law grad finds himself trying a murder case — and getting reprimanded by the judge for “lack[ing] knowledge of proper trial procedure.”

Such is life during the Obama “recovery.” Check out this month’s nominees below…

double red triangle arrows Continue reading “Lawyer of the Month: April Reader Poll”

Wei To Go (and Testify Against Dharun Ravi)

By David Lat

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?

double red triangle arrows Continue reading “Wei To Go (and Testify Against Dharun Ravi)”

Tyler Clementi’s Roommate, Dharun Ravi, Indicted on 15 Counts

By Elie Mystal

Tyler Clementi (left) and Dharun Ravi (right)

They really threw the book at this kid.

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…

double red triangle arrows Continue reading “Tyler Clementi’s Roommate, Dharun Ravi, Indicted on 15 Counts”

Cease and Desist Follow Up: Check You Calendar

By Elie Mystal

Chris Webby

As many of you figured out, the cease and desist letter from Chris Webby, claiming ownership of the hashtag #webby, was an April Fool’s hoax. This week’s sign that the apocalypse is upon was a hologram launched by the Webby Awards people. Here’s the official reveal.

Really, we thought a few more of our loyal readers would see through it. The firm that purportedly sent the letter, Baxter, Butler & Associates, doesn’t exist. This commenter got it. But I guess most commenters don’t fire up Google unless an attractive girl is involved.

You can see why the Webbys weren’t able to get a real law firm to participate in this prank. It might have been a joke today, but the first hashtag infringement suit is surely just around the corner.

Happy April Fool’s Day. I’m going to go back to drinking heavily now.

Earlier: Cease and Desist Letter of the Day: Who Owns Your Hashtag?

Privacy Lawyer Aaron Titus Playing Robocop Was Possibly Illegal, But Definitely Funny

By Kashmir Hill
Cover of "Robocop"

Aaron Titus, are you in there?

When Washington, D.C., was buried in snow last week, one suburban Maryland school alerted parents via robocall that they would be opening two hours late. The call, hypothetically letting parents know that they could sleep in that day, went out at 4:30 a.m.

That angered privacy lawyer Aaron Titus. His well-told tale of revenge reverberated around the media last week, thanks to a story in the Washington Post. Titus went Robocop on the school, using an online robocalling company to place a 4:30 a.m. call to the home phones of nine school board members, the school superintendent, and the school’s chief lawyer the next day, letting them know he hadn’t appreciated the early morning wake-up call. (The school said it made a mistake in setting the time for the calls and that it should have gone out at the immensely more reasonable hours of 5 or 6 a.m.)

Titus tweeted that he was following the Golden Rule. Meanwhile, other laws were possibly ignored…

double red triangle arrows Continue reading “Privacy Lawyer Aaron Titus Playing Robocop Was Possibly Illegal, But Definitely Funny”

Digital Revenge Is Best Served Viral (Naked Photos Help)

By Kashmir Hill

Social media savvy teen causes national controversy in Australia

‘Tis the season for… lover’s revenge via the Internet. Last week, Elie brought you the tale of a cuckolded man who filmed his wife making out with a fellow SMU Law student (and intervened to throw a weak punch). Then the husband posted the sad, sordid video to YouTube. Because shame makes the hurt go away.

Meanwhile, over in the land down under, a 17-year-old in Melbourne is using her social network savvy to punish a couple of Australian football players who allegedly did her wrong. Kim Duthie claims to have scored with two of the players (and to have had a miscarriage as a result). Feeling used and abused, she’s now using all the digital tools at her disposal — Facebook, YouTube, Formspring, and Twitter — to broadcast her story, as well as a handful of naked photos of the St. Kilda football players. This girl makes Karen Owen look like a saint.

And apparently she didn’t think through the legal implications of putting photos of the football players’ “lands down under” up on her Facebook page…

Read on at Forbes.com.

Horny Seton Hall Law Girl Takes to Craigslist

By Elie Mystal

This is probably a joke. In fact, I’m almost sure this is a joke. Law school women don’t really talk like this, not on Craigslist. And law school guys are more than capable of satisfying their female classmates.

Wait a minute, that last line is false — almost entirely false. Crap, does that make this Craigslist ad real?

I don’t know. There’s a Craigslist ad, purportedly from a Seton Hall law student, that’s making the rounds among people who check out things on Craigslist and then email Above the Law.

Give it a look, then give me your true/false sensibility…

double red triangle arrows Continue reading “Horny Seton Hall Law Girl Takes to Craigslist”

Syracuse College of Law Tries to Learn the Difference Between Satire and Libel

By Elie Mystal

Yesterday I was busy trying to keep bullies out of jail. Check out my editorial in the New York Daily News for a full discussion on how I would handle mean children. But while I was away, news broke that the Syracuse College of Law is conducting its very own witch hunt, which could lead to the expulsion and deportation of a kid accused of saying mean things on the internet.

I’m telling you guys, this country is going to hell, one ridiculous overreaction at a time.

If you missed the story, the ABA Journal has a nice summary of what’s going on at Syracuse. The facts are pretty straightforward: student writes a satirical blog which attributes funny, Onion-style quotes to real people. The real people get their panties in a bunch. Syracuse launches an investigation into whether or not the blog constituted libelous bullying of other students, and whether the student author should be expelled for a “code of conduct” violation.

Now, to be clear, if we are going to hold people accountable for being mean to others, expulsion (and not jail) is a far more appropriate response. But, to my mind, this isn’t libel. This is clear parody, and satire should be protected, not punished…

double red triangle arrows Continue reading “Syracuse College of Law Tries to Learn the Difference Between Satire and Libel”

Hopes for Collecting $1M for Streaking in front of Obama Could Shrivel

By Elie Mystal

The Verrazano Bridge to Staten Island -- the orignal "bridge to nowhere."

Don’t you hate it when rich people try to welsh on a bet? British billionaire Alki David dared somebody to streak — that means “running while naked and probably drunk,” if you’ve never been to college — in front of President Obama. Alki said he’d give the person who streaked in front of the president, with the name of Alki’s website emblazoned on his or her body, the tidy sum of $1 million.

Somebody from Staten Island (why am I not surprised) performed the feat (or substantially attempted to perform the feat) during an Obama event in Pennsylvania. Now Alki is considering hiding behind the law to avoid payment.

This must be how rich people get rich: make outlandish promises, then use fancy law talk to avoid payment…

double red triangle arrows Continue reading “Hopes for Collecting $1M for Streaking in front of Obama Could Shrivel”

Dharun Ravi and Molly Wei Could Escape Hate Crime Charges in the Tyler Clementi Case

By Elie Mystal

Molly Wei didn't stop her friend for using her computer; now she could end up in jail.

Prosecutors looking into Tyler Clementi suicide indicated yesterday that they might not be able to charge Dharun Ravi and Molly Wei with a hate crime. Middlesex County Prosecutor Bruce Kaplan told the Newark Star-Ledger that his office was trying to see if they could charge Ravi and Wei with a second degree bias crime, but so far they don’t have enough evidence to support such a charge.

Right now, Ravi and Wei are charged with invasion of privacy, which carries a maximum sentence of five years in jail.

Given that some people have pushed for prosecution that goes all the way up to homicide charges, the possibility that Ravi and Wei won’t be charged with a hate crime (or burned at the stake, or whatever the hell will satisfy people’s revenge impulse) will disappoint many — perhaps including prosecutor Kaplan, who said: “Sometimes the laws don’t always adequately address the situation. That may come to pass here.”

And sometimes the public’s outrage completely outstrips the actual crime committed. I’ve already shared my thoughts about Dharun Ravi’s crime. Now let’s take a closer look at Molly Wei — a girl who, as far as we know, is guilty of letting a high school buddy use her computer…

double red triangle arrows Continue reading “Dharun Ravi and Molly Wei Could Escape Hate Crime Charges in the Tyler Clementi Case”

Invasion of Privacy or College Prank Gone Wrong (or Both)? What to Do With Tyler Clementi’s Roommate

By Elie Mystal

Tyler Clementi

Over the past few days, we’ve learned a lot about Tyler Clementi, the Rutgers college student and talented violinist who killed himself after his roommate streamed, live on the internet, a hidden webcam video of Tyler hooking up with another man. On September 22, a few days after the incident, Clementi committed suicide by jumping off the George Washington Bridge.

Former ATL editor Kashmir Hill has learned even more. She’s been tracking Clementi’s digital footprints, and found that he went to a message board for gay men seeking counsel after he learned of his roommate’s prank.

I used the word “prank” because that’s how I see the actions of Tyler Clementi’s roommate, Dharun Ravi. Ravi is an 18-year-old kid in his first semester at college. Along with a friend, Molly Wei, Ravi pulled a prank on his new roommate — one that went horribly wrong.

Because Clementi killed himself, the media has worked itself into a rabid lather over Ravi’s and Wei’s actions. The story was all over the New York Times yesterday. Michael Daly criticized Ravi so harshly I thought I was reading about some kind of modern day Billy Zabka in the New York Daily News this morning. Some gay rights groups want Ravi to be charged with a hate crime.

Before we crucify this college freshman, I have a couple of questions…

double red triangle arrows Continue reading “Invasion of Privacy or College Prank Gone Wrong (or Both)? What to Do With Tyler Clementi’s Roommate”

Misadventures in Trademark Law: Faegre & Benson Helps Pigs Fight Unicorns

By Elie Mystal

No, this isn’t about a lawsuit arising out of the writing of Animal Farm II: Sharks on Retainer — but who knows, my original thought for a post title might be subject to trademark infringement.

More on that later; for now, let’s turn our attention to this delicious product offered by ThinkGeek (which went on sale April 1, 2010):

As a connoisseur of unicorn delicacies, I was annoyed when the ThinkGeek people exposed this product to the general pubic. We’ve already got the Care Bears on our ass; we certainly don’t need PETA getting wind of this tasty treat.

But who knew that this entirely fictional April Fool’s joke would come to the attention of the National Pork Board and their legal representatives at Faegre & Benson…

double red triangle arrows Continue reading “Misadventures in Trademark Law: Faegre & Benson Helps Pigs Fight Unicorns”

UC-Berkeley’s Gun Club Secret Society Rides Again
John Yoo unimpressed

By Kashmir Hill & David Lat

Flyer via Nuts & Boalts

UC-Berkeley once again topped Michigan in the (leaked so still unofficial) U.S. News law school rankings. Boalt Hall also dominated the Wolverines this month when it comes to secret society activity.

Whereas, members of Michigan’s “Barrister’s Society” threw their dirty laundry o’er the rooftops, resulting in campus-wide derision, recent activities by Berkeley’s “Gun Club” have left their fellow students appropriately mystified and intrigued.

A Boaltie tells us:

Last week, flyers featuring John Yoo’s face, with the phrase “I’m sorry, for everything” were posted around Boalt Hall.

Everyone assumed it was just the usual torture-memo protesters who flock to Berkeley, in the hope that it’s still the Bezerkeley of the 1960s, only to find a bunch of JD and MBA students hurrying by, scowling at their unshowered ways.

On Tuesday morning, the flyer reappeared in the student center, attached to the King of Beers….

double red triangle arrows Continue reading “UC-Berkeley’s Gun Club Secret Society Rides Again
John Yoo unimpressed“

Who Made an April Fool of You Today?

By Kashmir Hill

April 1 is a dangerous date. It’s a day when punking people becomes the national sport.  It’s not just traditional pranksters like College Humor marking the holiday. Law firms and law schools have been getting in on the fun today as well.

Shortly after your ATL editors got back from lunch, we got an alarmed email from a Columbia Law student, upset about Columbia’s plan to block some popular websites starting Monday:

From: Student Senate
Date: Thu, Apr 1, 2010 at 14:25
Subject: Selective Website Blocking

Dear Students,

When the Dean’s Advisory Committee addressed the Senate last month, it conveyed the faculty’s concern regarding student inattention and declining participation in class. The consensus among professors is that in-class Internet use is the primary cause.

Yesterday, we were informed that IT will begin blocking access to certain Internet sites inside the Law School’s three main buildings, while classes are meeting. Selective site blocking is scheduled to begin Monday morning. Among the 2-3 dozen sites affected are Facebook, Gmail and Above the Law. Others may be added later.

A full list of these sites is available at http://www.columbia.edu/cu/law/senate/siteblocking.html. We’ll update this page as more information becomes available…

We’re honored to be part of that Holy Trifecta of websites, though Elie was initially quite upset at Columbia — until he visited the linked website and “got Rick-rolled for the first time in years.” Judging from the flood of emails we’ve gotten, he’s far from the only one.

Weil Gotshal and Yale Law School also performed some prestigious pranks. You’d think legal types’ natural cynicism would help protect them today. But you’d be wrong…

double red triangle arrows Continue reading “Who Made an April Fool of You Today?”

Departing with Flair

By Elie Mystal

Akin Gump logo.JPGHave you had the privilege of voluntarily leaving your Biglaw job? I have, and let me tell you, the last day is a special kind of awesome. You kind of walk around, taking a survey of things you no longer have to deal with. Many of your friends and colleagues look at you with envy in their eyes. Friends of mine outside of the law have told me that leaving a job is bittersweet; but most associates who have left Biglaw on their own terms describe the sensation as “delicious.”

Now, when I left, I said all the right things, said goodbye to all the appropriate people, and wrote a standard, passionless departure memo. No gloating from me, I just wanted to get out of there as quickly as I could. But looking back on it, I wish I had done something notable. Nothing outrageous: boiling the managing partner’s pet rabbit sounds appropriate but is ultimately unsatisfying. I just wish I had taken advantage of my last day in some mildly humorous way.

An associate who left Akin Gump last week will have no such longstanding regrets. Here’s the “seeking contacts” email that was sent to the entire firm once the associate had both feet out of the door:

Sent: Friday, February 26, 2010 11:59 AM
To: FW ALL
Subject: Seeking contacts

Pardon the interruption. Please respond to sender only if you can recommend a reasonably priced plaintiffs’ attorney in Costa Rica. A friend of the firm has a handful of potential plaintiffs who believe there is a connection between their testicle cancer and a chemical used to make tea bags. They are looking for an attorney in Costa Rica to advise and represent them in this matter.

Thanks,
[Redacted]

You know, the lives of Biglaw attorneys are such that on first blush one might think that this message was intended seriously.

But we spoke with the associate who sent out the message. Thankfully, the message was a product of a last day dare.

double red triangle arrows Continue reading “Departing with Flair”

Graduated Top of Your Class at Harvard? This $28K Job May Be For You

By Kashmir Hill

Craigslist small.jpgA few readers have sent along the link to this Craigslist ad for an “ASSociate Attorney” based in midtown Manhattan:

Small, congenial law firm needs top notch associate attorney to join our exceptional team. Please do not apply if you do not meet the following requirmenets: [sic]
1. Top half of the class at Harvard, Yale, UPenn, U Michigan, or Georgetown; top 10% at U Chicago, Boalt or UCLA. Top 1% everywhere else.
2. Law review and/or moot court experience a MUST.
3. Federal Clerkship REQUIRED.
4. Must be willing to accept $28,000 per year. $10,000 bonus for billing over 2500 hours a year. The bonus is pro-rata more, so it is worth the extra billing.
5. Must be willing to make coffee every hour, on the hour. The position is open becuase [sic] our last associate sustained severe burns from the hot plate in which the coffee post rests. We had to discharge him as he required too much “leave” time.
6. Insurance after two years, with employee contribution at 50%.
7. Must be willing to share a desk with a paralegal. She said you can have the top drawer.
8. Must be in the office by 8am, and remain until 10pm. On Fridays, you can leave by 9:30pm.
9. Must be a team player.
Please send resume to the link above. Good luck- hope to see you soon!

We ASSume this is a joke. It’s not the first time an attorney frustrated by the job search has used Craigslist humor to vent.
We’re curious, though, about the law school biases. You only have to be top half at U Penn to meet their requirements, but you have to be top 1% at NYU or Columbia. What’s up with that?
UPDATE (12:16 p.m.): The man behind the ad steps forward. It’s not his first appearance on these pages. And he gives us hope that the job market may just be improving, after the jump.

double red triangle arrows Continue reading “Graduated Top of Your Class at Harvard? This $28K Job May Be For You”

Funny Craigslist job listing makes us sad

By Kinney Recruiting

Craigslist.jpgApparently, many ATL readers are conducting their job searches via Craigslist, because this posting has appeared in our inbox more frequently than lobster references in the comments.

We’ve already mentioned it in Non-Sequiturs, but we’re returning to it to beg you to stop sending it to us, and to give you the story behind it. For those not in the know, here’s the legal job listing that many a job searcher has stumbled across:

Associate Attorney (Midtown West)

Reply to: job-991754136@craigslist.org [?]

Date: 2009-01-13, 5:41PM EST

Fast-paced 20-attorney law firm looking for an eager associate to join our growing practice. We understand that you may be a newly-admitted attorney looking for their first job. We also know that the economy is harsh right now. However, we are willing to give you a chance. Here are the details of this spectacular opportunity:

* Your salary will be $30,000 per year. We understand that this may be on the low end (since you probably are six figures in debt), but we will be able to give you unlimited opportunities for experience and you’ll be making six-figures soon enough. On the other hand, we will bill our clients $300 for every hour of your work; at least you will know your work is valued by us in several ways.

* There is no health insurance, but we have an on-site 2nd year medical student who will abide by the upmost professional standards take care of any illnesses or injuries that occur, both on-site and off-site.

* You will be expected to work 12 hour days, six (6) days of week. You will be afforded 1 week of vacation time, and three (3) sick days. Your vacation time is limited to the months of January and February, as we will need you to be in the office while the partners are taking their time off in the summer. The good news is that you will earn vacation and sick pay as soon as you start. The only holidays that the Firm observes are Christmas and Thanksgiving, but you must work a half-day, as we are a busy and important firm who adheres to our clients’ needs.

* Your bonus, if earned (by billing 2100 hours per year), will consist of a one-year membership to a “food-of-the-mouth” club of your choice. In 2008, every associate took advantage of this valuable program and has benefited greatly for their hard work and dedication.

Please email resume, cover letter, salary history, law school and college transcripts to the address above. We will also need you to take a drug test. All resumes and credentials will be held in strictest confidence

Ridiculous and hilarious, right? Obviously a joke? Well, we talked to the guy behind the ad — a contract attorney who’s looking for a permanent firm job himself — and he says he has received over 100 e-mails, including two from recruiting agencies, in response to his satirical listing.

Find out which recruiting agencies, and the story behind the posting, after the jump.

double red triangle arrows Continue reading “Funny Craigslist job listing makes us sad”