Privacy

In the wake of the big hack of Biglaw, it's time to focus on what you can do to make yourself more cyber-secure.

* Legal showdown averted (for now): the feds were able to access the data on the San Bernardino shooter’s iPhone without any help from Apple. [Washington Post]

* A Harvard Law School grad stands accused of a $95 million fraud scheme — yikes. We’ll have more on this later. [ABA Journal]

* Does a sentencing delay violate the Sixth Amendment right to a speedy trial? Some on SCOTUS seem skeptical. [How Appealing]

* Georgia Governor Nathan Deal announces his intention to veto the Free Exercise Protection Act, which critics claimed would have protected discrimination as a form of religious liberty. [New York Times]

* Hillary Clinton takes Republicans to task for their handling of the current Supreme Court vacancy. [Wisconsin State Journal via How Appealing]

* Some thoughts from Professor Noah Feldman on the recent Seventh Circuit ruling about the use of form contracts on the internet (which nobody reads). [Bloomberg View]

* Save money (on taxes), live better: a federal judge strikes down a tax levied by Puerto Rico on mega-retailer Wal-Mart. [Reuters]

* The Bracewell law firm, now sans Giuliani, elects Gregory Bopp as its new managing partner. [Texas Lawyer]

What happens when you combine cannabis, whose laws are changing almost daily, with technologies that are constantly evolving as well?

The Last Week Tonight host tackles Apple's clash with the government over iPhone security with trademark wit.

* This peeping Tom better have a big bankroll: A jury awarded sportscaster Erin Andrews $55 million in her case against a stalker who recorded unauthorized nude videos of her in a hotel. Defense attorneys seem peeved that she won since her “career skyrocketed” and wasn’t completely destroyed by the incident. [NBC News]

* “[W]e are sort of reaching the height of the most frustrating part of this process for those of you who are trying to cover it.” Even if the judges purportedly being vetted for a Supreme Court nomination had visited the White House to speak with President Obama, the public would never know it thanks to the strict secrecy protocols involved. [CNN]

* Despite the fact that most Supreme Court justices don’t themselves read the numerous amicus curiae briefs filed in support of the cases being heard before the high court, according to a new study, it takes an “amicus machine” — including amicus wranglers and whisperers — and a lot of hard work to get them into shape. [New York Times]

* Uh-oh… some 4-4 ideological splits may be in our future this Term. In the wake of Justice Scalia’s death, Justice Alito and Justice Thomas seem to have decided to team up to stabilize the Supreme Court’s conservative wing, joining in each other’s dissents from the majority’s unsigned opinions in otherwise routine matters. [WSJ Law Blog]

* February may have been a great month for those with Leap Day birthdays, but it was pretty terrible for the legal profession. Per the latest Bureau of Labor Statistics figures, 1,500 jobs were lost last month. In other news, we’ve not yet fully recovered from the recession in terms of employment numbers. [Big Law Business / Bloomberg BNA]

Apple lays out the battle lines in its bout with the federal government over privacy, law enforcement, national security, and hacking.

The government effort to force Apple to break into one of its phones has spawned some double-speak.

"Say cheese!" is not a phrase that bacon wants to hear.

The proposed Cybersecurity Act of 2015, basically wipes out any ability by the FCC or the FTC to make service providers respect user privacy, and instead, is designed to encourage more monitoring of user behavior.

* Meow! Kitty’s got claws! Lawyers for Grumpy Cat have filed an infringement lawsuit against Grenade Beverage for violating an IP licensing agreement. Grumpy Cat has requested a trial by a jury of her purrs peers. [Fox News]

* Always a bridesmaid, never a bride? Dickstein Shapiro, a Biglaw firm whose headcount was down by 23.2 percent at last count, wanted to have a merger partner by December 15. That date has come and gone, but to our knowledge, the firm still hasn’t found a match. What happens now? [Big Law Business / Bloomberg BNA]

* Fox Rothschild has been in growth mode for quite some time, and it most recently decided to gobble up Oppenheimer Wolff & Donnelly, an 82-lawyer Minneapolis firm. The merger will be complete in January 2016. Happy New Year! [Philadelphia Inquirer]

* “[W]orking in this courthouse is like being in the wild west. You just never know what is going to happen.” Last week, Oklahoma County DA David Prater brought down a fleeing defendant before he could escape the courthouse. [KWTV via ABA Journal]

* If you’re one of the plaintiffs who filed suit pseudonymously against Ashley Madison after its massive data breach earlier this year and you expect your privacy to be maintained by the courts, then you may have another thing coming. [WSJ Law Blog]

* “[F]irms have increasingly turned to mergers in hopes that rubbing two coins together might create a third.” Per the chairman of Seyfarth Shaw, Biglaw firms that are facing stagnant growth must change ASAP or suffer the consequences. [Big Law Business / Bloomberg BNA]

* Given the recent terror attacks in Paris, many U.S. governors have threatened to stop accepting Syrian refugees within their states’ borders — whether they have the legal authority to actually refuse them, however, is another question entirely. [ABC News]

* The Department of Homeland Security will publish rules governing privacy protections concerning the use of drones. The world can’t wait to see the “best practices” the government recommends for spying on citizens without a warrant. [WSJ Law Blog]

* Mississippi College School of Law has decided to freeze its tuition for students entering in the fall of 2016. Incoming students will get to pay the low, low price of $32,040 (seriously, that’s low for tuition at a private school) for all three years. [National Jurist]

* If you want to put together a compelling admissions package when applying to law school, then during your college summers, you should work at a law-related internship instead of drinking all day and having fun. Sorry! [Law Admissions Lowdown / U.S. News]

* The Cincinnati Bengals reached a $255K settlement with their cheerleaders in a wage-and-hour suit. Each Ben-Gal stands to receive at least $2,500. Hmm, maybe they needed better lawyers who could BE AGGRESSIVE! B-E AGGRESSIVE! B-E A-G-G-R-E-S-S-I-V-E! [CBS News]

* Biglaw leaders think that first-year associates are likely to be replaced by robots within 10 years. Some even think that second- and third-year associates could be replaced by artificial intelligence. Damn, no wonder NY to $190 is still a pipedream. [Ars Technica via Am Law Daily]

* “What you’re asking them to do is do work for you.” Despite the fact that the cellphone was seized in an investigation, this federal magistrate judge says that he isn’t quite sure if he has the legal authority to compel Apple to access data on a locked iPhone. [Reuters]

* Justice waits for no one, except this defendant who allegedly murdered her 19-month-old daughter in 2010. After her trial was rescheduled for the 18th time, a judge finally decided he’d had enough: “Anything following this will be a trial or dismissal.” [WSJ Law Blog]

* If you’re trying to get into to law school, there’s no need to wait for your fall semester grades before you send off your applications. A pulse and the ability to sign federal loan documents are all that you’ll need. [Law School Lowdown / U.S. News & World Report]

Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule today. We will be back in full force tomorrow. Stay tuned for today’s news!

* Who is Amy Berman Jackson? If you’ve been watching Jeopardy! lately, you’ve probably been trying to figure out which law firm reigning champion Matt Jackson works for as a paralegal. In the meantime, it’s worth noting that his mother is a D.D.C. federal judge. [Washington Post]

* Another SCOTUS term is upon us, and while Chief Justice Roberts tends to cast his votes on the issues through a conservative lens, there’s talk that he could be a “wildcard.” Hmm, perhaps Justice Kennedy will have a pal to swing with this year. [MSNBC]

* Choose your path wisely: Bloomberg Markets released its ranking of the 50 most influential people last week, and not a single practicing lawyer made the cut. Attorneys who chose career alternatives, however, made a killing. [Big Law Business / Bloomberg]

* Marcel Aubut, who recently resigned in disgrace from his position as Canadian Olympic Committee president after allegations of sexual harassment and inappropriate touching came to light, has also decided to leave his Biglaw firm and seek counseling. [NBC Sports]

* Late last week, California adopted an exacting digital privacy law that will require police to get warrants to access all manner of electronic information, from emails to texts to metadata. Please thank the Golden State for keeping your sexts safe. [WSJ Law Blog]

If you're going to use a digital device, then you need to know how to make sure your old one is wiped clean -- really clean -- before you get a new one.

* Dewey know what Justice Robert Stolz will do now that the jury has declared itself deadlocked on most charges? Tune in later today. [American Lawyer]

* A case brought by law student turned privacy activist Max Schrems has triggered a European court ruling that Facebook won’t “like.” [How Appealing]

* King & Spalding associate Ethan Davis talks about how he prepared for his argument yesterday before the U.S. Supreme Court. [National Law Journal]

* Thanks to sentencing reform, the Justice Department will release about 6,000 inmates from prison starting later this month. [New York Times]

* Speaking of the DOJ, BP will settle Deepwater Horizon oil spill claims with the feds for a whopping $20 billion. [ABA Journal]

* Elsewhere in news of embattled companies, Volkswagen is turning to Mayer Brown for help in dealing with the emissions scandal that stinks to high heaven. [American Lawyer]

* 50 Cent’s malpractice suit against his ex-lawyers seeks 7.5 billion cents. [Law360]

* When legal recruiters sue each other, things can get ugly — fast. [American Lawyer]