* News Corp. has hired Paul Weiss attorney Mark Mendelsohn, a Foreign Corrupt Practices Act expert, to advise them. In related news, Chuck Norris has hired Wendi Deng Murdoch to advise him. [WSJ Law Blog]
* Utah’s goofy liquor laws are examined in this New York Times article. The restrictive laws clearly came out of Joseph Smith’s attempt to monopolize visions emanating from the bottom of hats. [New York Times]
* President Obama’s evolving views on gay marriage have led him to back an attempt to repeal DOMA. I’m no Frank Lutz, but I see a messaging problem on gay issues if he keeps up this whole “leading from behind” shtick. [Los Angeles Times]
* Kramer Levin is “client-focused” and looking for someone who is “entrepreneurial” and the “total package.” Words! [The Careerist]
* Pittsburgh Steelers running back Rashard Mendenhall is suing Hanesbrands, parent company of the Champion sports apparel maker, for dropping him after some dumb tweets. Dude said some pretty stupid stuff about 9/11, but the true jewel of his collection was buried deep in this story. In a tweet aimed at women who don’t perform oral sex, Rashard said “It’s either gonna be you, OR some other chick.” Hahahaha. Oh, Rashard. [ESPN]
We’ve all had obnoxious neighbors. The stoners who play music too loud, the dysfunctional lovers who are always yelling at each other… it’s part of life.
Most of us, though, have not lived next door to our own personal cyber-terrorist. Minnesota attorney Matthew Kostolnik has.
His neighbor “launched a calculated campaign to terrorize his neighbors, doing whatever he could to destroy the careers and professional reputations of Matt and Bethany Kostolnik, to damage the Kostolniks’ marriage, and to generally wreak havoc on their lives.”
On Tuesday, the man who published child pornography and sent a death threat to Joe Biden, all under Kostolnik’s name, was sentenced to 18 years in prison. Keep reading to learn more about the worst neighbor since the door-kicking judge….
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…
The Honorable Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, and one of his law clerks have penned a eulogy for the Fourth Amendment. It’s been murdered, Judge Kozinski and Stephanie Grace write in an editorial for The Daily, and you all are the guilty culprits.
You’ve put a knife in it, by letting supermarkets track your shopping in exchange for loyalty discounts, letting Amazon and eBay store your credit card info, and letting Google track the websites you visit and take photos of your homes with satellites.
The problem, at least constitutionally speaking, is that the Fourth Amendment protects only what we reasonably expect to keep private. One facet of this rule, known as the third party doctrine, is that we don’t have reasonable expectations of privacy in things we’ve already revealed to other people or the public…
With so little left private, the Fourth Amendment is all but obsolete. Where police officers once needed a warrant to search your bookshelf for “Atlas Shrugged,” they can now simply ask Amazon.com if you bought it. Where police needed probable cause before seizing your day planner, they can now piece together your whereabouts from your purchases, cellphone data and car’s GPS. Someday soon we’ll realize that we’ve lost everything we once cherished as private.
Yes Ma'am I do have proper identification. Now please, take your clothes off.
My friends, we live in strange times. Unreasonable times. Times when the federal government has stopped rationally protecting people and started irrationally molesting people.
And as we move into the 2012 election season I ask: “Who the F**K do I have to vote for to keep the TSA out of my a$$.” Literally. Which candidate can I look to who will fight to stop unwarranted molestation as a prerequisite for air travel?
Or has the TSA truly reached a military-industrial complex level where even the President is powerless in the face of the agency?
The story today is the TSA supporting the decision to pat down a 95-year-old woman, including making her remove her adult diaper. Yeah. This happened in America.
Google announced yesterday that hackers in China had gotten access to hundreds of Gmail accounts. And it wasn’t just anyone’s email. The attack targeted senior government officials in the United States, Chinese political activists, officials in several Asian countries, military personnel, and journalists.
I have a feeling we will hear a lot more about this over the next few days. For the moment, let’s take a look at the details we know so far….
Proving your case requires more than a screenshot.
The practice of “oversharing” on social networks has been a boon for law enforcement. Investigations regularly involve checking out people’s Facebook, MySpace, and LinkedIn profiles. Thus, it’s probably unwise to post about your involvement in a crime. Or about threatening a witness set to testify against your boyfriend.
While investigating Antoine Griffin, a murder suspect in Maryland, police checked out his girlfriend’s MySpace wall, where she had unwisely written (note that “Boozy” is Griffin’s nickname): “FREE BOOZY!!!! JUST REMEMBER SNITCHES GET STITCHES!! U KNOW WHO YOU ARE!!”
The “veiled” message was a little too transparent. During the trial, prosecutors used this as evidence that Boozy’s girlfriend, Jessica Barber, had intimidated one of their key “snitches” witnesses, affecting his testimony. They introduced a print-out of Barber’s MySpace wall into evidence. Boozy was busted and found guilty of the 2005 shooting. Seems like an open and shut case, right?
But Griffin appealed, in part because the prosecution had not proven that it was really his girlfriend’s MySpace profile, or that it was really something she had written. The Maryland Court of Appeals was sympathetic….
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?
Although I’m no longer an editor here at Above the Law (*tear*), you know my byline occasionally still pops up to bring you news of lonely lawyers and goings-on in the world of privacy. This week, I asked Elie and Lat if they were interested in a lawsuit against a computer rental store accused of spying on its customers via webcam. (Most shocking aspect to me: People actually rent laptops?) Or the recent reminder from the Seventh Circuit that looking at porn at work — even if just for 67 seconds — can get you fired (at least he got the job done quickly).
Instead, Elie saw that I’d recently written about WikiLeaks founder (and dancer extraordinaire) Julian Assange — who’s still kicking it in England — calling Facebook “the most appalling spying machine ever invented.” Elie asked, how is that guy not in a jail in Sweden by now? And why have no major banks bitten the WikiLeaks bullet since we last heard from the white-haired wonder?
An update on the Julian Assange – WikiLeaks saga, after the jump…
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!