Privacy

‘They stole [accreditation] from us. Sneaky little ABA. Wicked, tricksy, false!’ — FAMU Law

Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will be back in full swing tomorrow. We hope you enjoy your day off (or feel free to lament your lack thereof in the comments).

* “[T]hey don’t want to hear nothing.” Vedel Browne, the man accused of robbing Stephen Breyer at machete-point while the justice was vacationing in his home in the Caribbean, now claims that he’s innocent, mon. [St. Kitts-Nevis Observer]

* You know what, the farmer in the Super Bowl commercial probably didn’t have to deal with bullsh*t like Monsanto’s seed patents, but today’s farmers do, and they’ll argue their case before the Supreme Court this week. [New York Times]

* “I’m a betting man. And I would bet and give odds that Sullivan & Cromwell has never said that publicly.” Who dares question S&C’s stance in the hot mess that is Herbalife? None other than Carl Icahn. [Am Law Daily]

* Here’s an important Biglaw math lesson that’s been provided to us via California-based firms like Irell & Manella, Munger Tolles, and Orrick: a little revenue minus a lot of partners equals profitability. [Recorder]

* Amid a flurry of filings on Valentine’s Day, love must’ve been a battlefield for the embattled Dewey & LeBoeuf refugees who were in desperate search of their once promised 2011 bonuses. [WSJ Law Blog (sub. req.)]

* From the department of things that suck: having to defend your office’s alleged “underhanded tactics” in a $150 million wrongful conviction case while you’re trying to get re-elected as district attorney. [New York Times]

* We got bitches in the office lawyerin’ on, and they ain’t leavin’ till six in the mornin’ — unless they want to be fired. An ex-Travers Smith trainee claims she was canned for leaving the firm “early”… at 6:30 a.m. [Telegraph]

* If it weren’t for Cosmo, this woman wouldn’t have known her landlord was an alleged creeper. A Maryland lawyer now faces criminal charges for allegedly filming his female tenants in the nude. [Washington Post]

* “We wants it, we needs it. Must have the precious!” The ABA officially put Florida A&M on notice that its law school accreditation may be in jeopardy if they don’t shape up in terms of bar passage. [Orlando Sentinel]

* What do you do the second you step off a cruise ship that’s been described as “a floating toilet, a floating petri dish, a floating hell”? You grab the very first lawyers you see, and sue! [Nation Now / Los Angeles Times]

* “Save me from the nothing I’ve become. (Bring me to life.) I’ve been living a lie, there’s nothing inside. (Bring me to life.)” — Legal Job Market. [The Atlantic]

* “They see me rollin’. They hatin’. Patrolling, they tryin’ to catch me ridin’ dirty.” — The State of Virgina. [Salon]

* “I think I’ll find another way. There’s so much more to know. I guess I’ll die another day. It’s not my time to go.” — Estate Tax dodgers. [Forbes via Tax Prof Blog]

* “What I’ve felt, What I’ve known, Never shined through in what I’ve shown, Never free, Never me, So I dub thee unforgiven.” — Casey Anthony. [Michigan Bankruptcy Blog]

* “It’s an eminence front. It’s an eminence front – It’s a put-on. It’s a put-on… Come and join the party, Dress to kill. Won’t you come and join the party? Dress to kill.” — Department of Justice. [Opinio Juris]

* “I heard that you were talking s**t, And you didn’t think that I would hear it. People hear you talking like that, getting everybody fired up. So I’m ready to attack, gonna lead the pack. Gonna get a touchdown, gonna take you out.” — Cyberbullying law opponents. [ABA Journal]

* Justice Sotomayor’s memoir made the NYT’s best-seller list, and in terms of sales, she’s officially beating the pants off other Supreme Court justices who’ve released books of a similar nature. [WSJ Law Blog (sub. req.)]

* In case you were sleeping under a rock yesterday when this happened, John Kerry was confirmed by the Senate as secretary of state. Don’t think we’ll be getting a Texts From John Tumblr, though. [New York Times]

* Despite having a “pretty spectacular” year, Blank Rome’s legal secretaries may soon find themselves blankly roaming in search of new employment. Better hurry up, the buyout offer expires on Friday! [Legal Intelligencer]

* Straight up now tell me, do you really wanna sue me forever? Corey Clark once claimed he had an affair with American Idol judge Paula Abdul, and now he claims MoFo and Gibson Dunn defamed him. [Am Law Daily]

* In this round of musical chairs, we learn that Orrick hoovered up three energy and project finance partners from Bingham, one of whom will co-chair the firm’s U.S. energy group. [Thomson Reuters News & Insight]

* Remember the Zumba prostitution ring? Now we know you can’t be prosecuted for secretly filming Johns in the act in Maine, because there’s no expectation of privacy in “bordellos, whorehouses, and the like.” [Wired]

* Energy drink makers are facing class action suits over claims made about their products. Fine, Red Bull may not give you wings, but it tastes like piss, and that’s gotta count for something, dammit. [National Law Journal]

* Much like herpes, Lindsay Lohan’s legal drama is the gift that just keeps on giving. Her longtime lawyer Shawn Holley wants out, and her new lawyer, Mark Heller, isn’t even licensed to practice in California. [CNN]


Now that we’re done yelling at all the law professors in America who couldn’t bother to submit grades for their classes in a timely manner, it’s time for our other semi-annual tradition of covering total grading screw-ups by esteemed legal academics. Exam period isn’t truly over until at least one professor adds to the misery of current law students in some odd way.

The screw-up in this instant case is a doozy. We’re looking at a large 1L class, a massive administrative failure, and a loss of privacy for the students.

You know your screw-up is noteworthy when the official administrative “solution” to the problem is “wait, don’t read that email…”

double red triangle arrows Continue reading “Would You Like To See The Grades Of All Your Classmates? Then You Should Have Gone To This Top Law School!”

This guy deserves way more than $10.

A good chunk of America was Googling “class action” this weekend thanks to Facebook. Millions of the site’s users received an email in the last few days with the subject “Re: LEGAL NOTICE OF SETTLEMENT OF CLASS ACTION.” Those that didn’t immediately delete it as spam discovered they’re entitled to up to $10 from the social networking giant for putting them in “Sponsored Story” ads. That’s when Facebook takes something you Liked or a link you posted and uses it in an ad aimed at your friends. (So, word to the wise, never ever post a link on Facebook to a 55-gallon gallon drum of sex lube.)

Fraley v. Facebook, the class action lawsuit that could make a bunch of Facebook users a little richer and a bunch of class action lawyers (led by Robert Arns) a lot richer, was filed in California in 2011 by an enterprising group of plaintiffs led by seamstress Angel Fraley, shortly after “Sponsored Stories” launched. They claimed the company had violated the law by using their names and likenesses in ads without their permission and without paying them. (Lead plaintiff Fraley later dropped out of the suit citing Facebook lawyers’ aggressive tactics, which basically consisted of digging up embarrassing material about her from her profile page.)

Facebook and the plaintiffs settled the suit in December to the tune of $20 million. That $20 million is covering the class action lawyers’ fees ($7.5 million plus expenses), with the rest either being divvied up among approximately 125 million presumably-aggrieved Facebook users who appeared in Sponsored Stories ads, or, if the demand is too great, divided by a bunch of non-profits that work on privacy issues. If the amount of money divided by the number of claimants comes out to less than $4.99 each, the money goes to the non-profits, who surely must be in the midst of planning a major “Rock The Claim” campaign. Unfortunately, I can’t help out.

Continue reading at Forbes….

Instagram is adding a monetization filter to its precious photo-sharing service. In a change to its privacy policy that has everyone in my Twitter feed freaking out, Instagram has given itself the right to lease users’ names, likenesses, and photos out to advertisers. That means the Kelvin-filtered photo of your polished finger nails might wind up being used by the responsible salon; or that the craft cocktail bar where you Hefe-filtered your Chewbacca Jacuzzi may throw it into an ad; or that the vintage market where you Walden-filtered that top-hat-wearing boar’s head might pay to promote it.

The change comes on the heels of corporate owner Facebook giving itself the right to dip into the data Instagram has on its users, which means Instagram’s photos will start being fed into Facebook’s well-oiled advertising platform.

“Dear @instagram @facebook – You have the right to run your business as you choose. But screw you,” tweeted one privacy advocate.

Here are the offending terms of the new Instagram terms of use:

[Y]ou hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, except that you can control who can view certain of your Content and activities on the Service…

In other words, Instagram recognizes that it shouldn’t screw over users who have private accounts by using their photos in ads aimed at the general public (though they can put them in ads aimed at your friends).

But will Instagram screw over its users anyway?

Continue reading at Forbes….

To be honest, I don’t know if this is a Formula 1 car or an Indy car. Now ask me if I care.

* Judicial benchslap catfight over administrative orders. Man, I didn’t think I could make the word “catfight” sound so unsexy, but there you go. [The Chief Jester]

* Is it a federal crime to read Above the Law at work? If so, download the app. [Workplace Law Prof Blog]

* Speaking of apps, te “App from Hell” would be more interesting if it were actually an app. But hiring Professor Dan Solove to teach your colleagues about privacy is still a good idea. [Teach Privacy]

* A dean of the University of Ottawa Law School wrote an op-ed defending Canadian law schools (which aren’t even as bad as U.S. law schools). Remember when deans didn’t have to defend law schools because there were “jobs” for “new attorneys”? [Canadian Lawyer]

* Here’s an article about Formula 1 racing that you don’t need Google translator to read. [Dealbook]

* Bonus podcast! I mean, Lat did a podcast with the ABA Journal about bonuses, not that there’s a podcast you can listen to in order to get a bonus. [ABA Journal]

* Bonus Lat! I mean, here’s a story about David Lat and the changing coverage of law firms and the legal profession. [Details]

Thanks to spyware, an FBI dad got a gift-wrapped child porn case.

Like any dad, Joseph Auther was worried about what his son might get up to while exploring the wilds of the World Wide Web. So when his 7th grade son got a school-provided laptop from Whispering Palms School in Saipan in the U.S. territory of the Northern Mariana Islands, Auther decided to install a monitoring program on it. He went with a spyware program called eBlaster from SpectorSoft, a company based in Vero Beach, Florida. Unbeknownst to his son, the program captured his website visits, his keystrokes, and every email, chat, and instant message he sent and received. This was all delivered up to his dad in emails, while giving the monitored person no hint that it was doing so.

Auther has a special appreciation for the benefits of surveillance. He’s an FBI special agent. In April, he discovered he was being transferred to the FBI office in Denver. At the end of the school year, Auther let Whispering Palms principal Thomas Weindl know that his family was moving and that they would be returning the school’s laptop. Weindl, 67, was actually a friend of the Auther family; when he got married earlier that year, Auther’s wife gave a reading at the ceremony. Auther told Weindl that he would return the laptop after he removed all of his son’s files, programs, and games.

Auther first took the laptop to his FBI office and asked his colleagues how to wipe it clean. Apparently they don’t have many cyber experts in the Mariana Islands, because they were unsuccessful. So Auther had to instead take it to a computer repair shop, which cleaned out the old files and allegedly re-imaged the hard drive to return it to its original settings. Auther didn’t tell the shop about eBlaster being on the computer — perhaps feeling a little Big Parent shame — but assumed that it would be wiped along with everything else. He then returned the computer to Weindl….

double red triangle arrows Continue reading “FBI Dad Finds Handy Fourth Amendment Workaround to Bust School Principal for Child Porn”

By now, we’re sure you’ve seen the ridiculous copyright notices that have been popping up on Facebook status updates left and right — and if you haven’t, then perhaps your friends are simply more intelligent than the masses who’ve been fooled into believing they can override the social media giant’s terms of use.

We’ll put this simply to avoid further confusion: stringing together nonsensical bits of pseudo-legalese cannot save you from succumbing to the rules and regulations of the Facebook gods. On the other hand, stringing together nonsensical bits of pseudo-legalese is sometimes what law blogging is all about, so we’ll help our readers debunk the myths of privacy and intellectual property rights on Facebook.

Aww, you thought Facebook couldn’t use all the things you posted on the site because of your privacy settings? Well, isn’t that just precious….

double red triangle arrows Continue reading “Facebook Laughs as Peon Users Attempt to Reclaim Their Privacy and Copyright Interests”

Casey Anthony is not impressed.

* Will it be DOMA or Prop 8? The countdown until Friday starts now, because everyone’s waiting to see whether the Supreme Court will grant cert on one of the five same-sex marriage cases that has come before the high court. [UPI]

* Walk like an Egyptian — or, in this case, you can protest like one. Judges and lawyers are on strike and filing legal challenges to President Mohamed Morsi’s “unprecedented attack on judicial independence.” [New York Times]

* Dewey know when this failed firm’s bankruptcy plan will be approved? Team Togut is hoping for a February resolution, but the rascally retirees may throw a wrench in things with their committee’s continued existence. [Am Law Daily]

* Even though the Northern District of California has a historic all-women federal bench — a courthouse of their own, if you will — there’s probably no need to tell them that THERE’S NO CRYING IN LITIGATION. No crying! [The Recorder]

* New technology + old laws = a privacy clusterf**k. This week, a Senate committee will contemplate whether the Electronic Communications Privacy Act needs to be updated to get with the times. [New York Times]

* The New York State Bar Association may oppose it, but Jacoby & Meyers’s challenge to the state’s ban on non-lawyer firm ownership shall live to see another day thanks to the Second Circuit. [New York Law Journal]

* An Alabama Slammer is both a dangerous cocktail and a term for what happens when your Southern law school refuses to cut its class size and you’re left woefully unemployed after graduation. [Birmingham News]

* Casey Anthony finds relevancy again! Girls in my high school used to search for “foolproof suffocation” on Google and later get acquitted of murdering their daughters all the time; it was no big deal. [USA Today]

* Dean Boland, aka Paul Ceglia’s gazillionth lawyer in the Facebook ownership case, will soon find out if can withdraw as counsel. He’s got other things to deal with, like a $300K child porn judgment. [Wall Street Journal]

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