Willie Gary is a high-profile Florida attorney who is fighting a sexual battery civil suit. Check out his inventive defense strategy, described by Legal Blog Watch:
Prominent Florida attorney Willie Gary has released two sex tapes that he says help disprove claims made in a sexual battery suit against him…
This week, in a bid to get the case thrown out, Gary’s lawyers filed two videos with the court allegedly showing her having consensual sex with Gary’s son Kenneth. The lawyers say the videos were made eight days after the alleged sexual assault and help disprove the woman’s claims against Gary. “She claims she was assaulted by the father yet, a week later, she’s making an amateur sex video with the son,” said West Palm Beach lawyer Michael Pike.
As noted by both Legal Blog Watch and the WSJ Law Blog, Gary’s website bio brags about his rise from migrant worker to multimillionaire attorney, with three “posh waterfront offices” and a custom designed Boeing 737, named “Wings of Justice II.”
Despite all the bling, the welcome video on www.williegary.com is distinctly low-budget. Don’t waste your time watching it — it’s a plea to clients to sign up for his law firm’s newsletter. So that he can invite them to parties, and because he wants them “to hear about what’s going on with the Gary family.” Hmmm…. Would that include the news of Papa Gary and Baby Gary’s apparent penchant for swapping sex partners? The Willie Gary Sex Tapes [Legal Blog Watch / Law.com]
When we recently lamented the lack of summer associate scandals, in the New York Observer, did we speak too soon? Although we may be in the home stretch, law firm summer associate programs are not yet over — and neither, thankfully, are the salacious tales they generate.
Here’s a story we’ve known about for a while — it happened late last week — which has already surfaced elsewhere on the web. We’ve delayed on reporting about it because we wanted to get more confirmation and give the parties involved a chance to comment.
We reached out to numerous representatives of the firm — managing partner Daryle Uphoff, chief marketing officer Greg Wolsky, recruiting director Lisanne Weisz, diversity coordinator Nancy Vollertsen — by phone and by email, yesterday and today. We also contacted the two summers involved, via Facebook message. Nobody has gotten back to us, despite ample time to do so. We’ll have to push ahead without them.
Since we’ve heard the story from multiple sources, all offering generally consistent accounts, we are fairly confident in its accuracy. But if you have any corrections or additions to offer, please email us (subject line: “Lindquist and Vennum Summer Associate Scandal”).
Here are some of the versions we heard (many tipsters sent it in):
1. Word through the grapevine is that two female summer associates at Minneapolis firm Lindquist & Vennum were fired recently for getting drunk at a firm event and making out with each other.
2. I’m an associate at a large Minneapolis firm, and word is that two female summer associates at Lindquist & Vennum, another of the large firms in town, got drunk at a summer associate event and were making out with each other. They were fired on Friday.
3. [Two summers at] Lindquist & Vennum were fired over the weekend. Drinking was involved; however, the firm supplied it to them during a boat cruise in 90+ degree weather. Can you get this posted? I want more information.
4. I am a summer associate at a Minneapolis law firm. I can tell that you that two female Lindquist and Vennum summer associates were recently fired (within the last week). I could not tell you for sure why they were fired, but the rumor is that they were drunk at some sort of firm social event (one that had partners present), and started to make out with each other.
And they got fired for this? We’re surprised the old-white-male partners didn’t cheer them on.
Update / Correction: According to reports received after this post was published, whether the SAs were “making out” or merely kissing on the lips is unclear. Furthermore, the event in question was not the boat cruise, but a post-dinner gathering at a bar. For an update post containing additional information and corrections, see here.
One tipster pointed us to some corroborating evidence:
This is true. We verified it ourselves, by comparing the current summer associate page, which lists eight summers, to an older version, which lists ten summers. (But please do not post in the comments any links to archived or cached versions of the page.)
You can read more, if you want to — if you don’t, then don’t — after the jump.
British barrister Max Mosley is the president of the International Automobile Federation (F.I.A.). When he’s not overseeing Formula One, he’s allegedly into sadomasochistic sex play. Unfortunately for him, a $5,000 “party” that he arranged was caught on hidden cameras by News of the World, a British tabloid. The encounter, now on YouTube, involved German prison guards and lots of spanking.
Mosley is now seeking punitive damages from News of the World for invasion of privacy — and for giving the story a Nazi spin. Such suits are almost never a good move from a PR-standpoint, since the trial brings even more attention to the source of embarrassment. Now every one from the New York Times to ESPN is reporting on it.
Taking the witness stand at the start of a two-week High Court hearing, Mosley said he had paid $5,000 for the “party,” but insisted no Nazi fantasies were involved. The News of the World said participants wore German-style uniforms and spoke in German as they acted out scenes involving prisoners and guards.
Mosley said he and the women had acted out a German prison scenario, but without any military aspect.
Next time, Mosley should probably stick to British prison scenarios, to avoid the possible Nazi confusion.
The Nazi allegations are especially sensitive because Mosley is the son of the late Oswald Mosley, leader of Britain’s fascist movement before World War II and a friend of Adolf Hitler.
“There was not even a hint of that,” Mosley said of the Nazi claims. He said he could “think of few things more unerotic than Nazi role-play.”
But, apparently, having a prison guard tell him to bend over a bench does the trick. More salacious details, after the jump.
Curvaceous beauty Monica Lewinsky, who will go down in history as the world’s most famous intern, once joked about going to law school. Instead she went to the prestigious London School of Economics, from which she graduated with a master’s degree in social psychology.
Interestingly enough, Lewinsky wrote a law-related thesis: “In Search of the Impartial Juror: An Exploration of the Third Person Effect and Pre-Trial Publicity.” So maybe she’s leaving the door open to law school at a later point in time.
If Lewinsky decides in favor of a legal education, she might want to consider Washington College of Law (WCL), at American University. Based on an amusing instant-messenger chat that has been making the rounds recently — we received it from half a dozen different sources, so it’s in wide circulation — it seems she’d fit right in.
If you have delicate sensibilities, stop reading now. But if not, check out the quasi-racy IM conversation, after the jump.
Since 2005, four states have finally recognized that fraudulent inducement of sex is rape. Not just immoral, not just “boys being boys” behavior, but misappropriation of a woman’s personal right to choose who invades her body. Perhaps surprisingly, the first state to recognize fraudulent inducement of sex as a basis for rape was Alabama in 2005.
Well, it’s not that surprising — Alabama’s not really that big on sex. Remember their sex toys ban?
California, Michigan, and Tennessee followed suit the following two years, and Peter Koutoujian of Massachusetts filed a similar bill in February, 2008, which, when passed, will make Massachusetts the fifth state to recognize the crime of “stealing” another’s sexual prerogative.
As Britney Spears famously sang, covering the Bobby Brown hit: “That’s my prerogative. They say I’m nasty. But I don’t give a damn. Getting boys is how I live.”
Oh, sorry, we got distracted. Back to Professor Sacks:
…. In a world filled with dangerous sexual diseases, it is particularly important to protect women’s rights to protect their own bodies, not just against physical violence, but against fraudulent inducement of sexual decisions and all of the dangerous consequences that can result from a lack of truly informed consent to sexual relations. For more background about the need for tort law to respond to the reality of sexual misappropriation, see my new article, Intentional Sex Torts, to be published in the Fordham Law Review in the fall of 2008.
Marc Randazza — whose Legal Satyricon blog is excellent, even if more sex-obsessed than ATL — is skeptical:
Expanding tort law to cover dishonest sexual encounters is a horrifying proposition. We have to be left to be human — even if that means that some immoral, abhorrent, and even disgusting behavior will leak through the sieve of our legal system. There simply does not need to be a law to cover every bit of sketchy behavior. For as long as we live and love, someone will lie about their feelings to someone else. Hearts will break. Men and women will lie to each other. Men and women will sleep with each other for the wrong reasons. I’m not simply arguing that “boys will be boys.” I am arguing that this is the yin to the yang of love, passion, and ecstasy.
Every time you meet someone or f*** someone, you are taking a risk. That’s part of the thrill!
True. But if it burns when you pee a few weeks later, the “thrill” is pretty much gone.
I wonder how the legal academy would respond if I published a law review article, Cock-blocking as tortious interference with sexual relationships.
Sounds like a tough sell. Try the Journal of Law & Chauvinism. But if they don’t accept it, nobody will.
We have enough problems with the religious right trying to squeeze government under our bedroom doors. Don’t let bored law professors push tort lawyers under our sheets too.
These are just snippets from two interesting, longer posts. Read them in full over here (Sacks) and here (Randazza).
When it comes to horrible (and horribly trashy) conduct, it’s tough to top microwaving your baby. In a room at a La Quinta motel.
But you can certainly supplement it with additional misbehavior. From the Houston Chronicle:
A jury should not hear an allegation about sex in an interrogation room that occurred after the arrest of a man accused of burning his 2-month-old daughter in a microwave oven, a defense attorney argued Monday.
Prosecutors say witnesses saw Joshua Mauldin, 20, of Warren, Ark., have sex with his wife in an interrogation room at the Galveston County Jail several days after he is accused of placing his daughter in a microwave oven for 10 to 20 seconds on May 10.
Keep in mind, however, that this is a mere allegation:
[Defense attorney Sam Cammack III] denied that the sex act occurred and said a DNA test of the chair in the interrogation room tested positive for someone other than Mauldin or his wife.
Guess we picked our Lawyer of the Day too soon. Update (2:30 PM): Press conference scheduled for 2:15 p.m., but Governor Spitzer is running 15 minutes late. “I don’t blame him,” said Ben Smith of the Politico, interviewed just now on CNN. Update (2:35 PM): Jeffrey Toobin, who was an HLS classmate of Eliot Spitzer, described the news as “a total shock.” He said Spitzer has been “nothing but a straight arrow” for many years. Update (2:50 PM): Still no press conference. Brooke Masters, author of Spoiling for a Fight: The Rise of Eliot Spitzer, was just interviewed on CNN. She noted that this scandal comes at a bad time for Spitzer politically, in the wake of last year’s scandal involving his misuse of the State Police for political purposes. Update (3 PM): We’re stepping away for a bit, to give a talk at Stanford Law School. We’ll be back online as soon as we can. Some content will be posted while we’re gone (material prepared ahead of time, not Spitzer updates).
Developing… Check back for updates. Spitzer Is Linked to Prostitution Ring [New York TImes]
Check out this rather odd appeal from Florida, arising out of a prosecution for sexual assault charges. The defendant was originally charged with three counts of sexual battery, but was convicted on lesser included charges of misdemeanor battery.
One of the issues was whether the trial court should have granted a continuance based on the availability of a defense witness (even though the defense failed to move for a continuance at the time). From the opinion (PDF):
Defense counsel proffered one aspect of the urologist’s testimony: because Tyrrell’s penis was “smaller than average size” it “could not have caused” the injuries that Nurse Gibson observed during the rape exam.
You don’t normally see a man proclaiming his small penis size in public proceedings. But if a teeny weenie is a “get out of jail free” card, expect the defendant to play it. Think of it as the flip side of that Japanese appeal, in which a busty babe overturned her conviction by arguing that she was too well-endowed to fit through a hole she allegedly used to enter a building.
Our tipster described a second strange argument raised by the defense:
[The defense also argued] that the injuries were caused by the victim’s “aggressive” use of a dildo. [The opinion] mentions that the defense lawyer wanted the victim to identify the dildo from a “dildo lineup,” and that the defense attorney “extensively explored” the dildo issue with the victim on cross.
Seriously. The words “dildo lineup” actually appear in the opinion (and not even in scare quotes):
Tyrrell first argues that his “right to due process and right to confront witnesses” was violated because the state did not produce the [sex toys] that were the subject of the July 23 and August 2 orders….
Tyrrell contends that the trial court erred in failing to let him show the victim a dildo lineup.
If that doesn’t violate the Sixth Amendment’s Confrontation Clause, which guarantees a criminal defendant the right “to be confronted with the [dildos] against him,” we don’t know what does. Tyrrell v. State (PDF) [Florida Fourth District Court of Appeal]
Marc J. Randazza fills us in on the Texas sex toy ban, just struck down by the Fifth Circuit. According to Marc, the arguments for outlawing the sale of toys for your pleasure-parts are thus:
(1) If the Texas dildo law is invalidated as an improper encroachment upon personal liberty, this will open the floodgates, and laws on bigamy and incest will be struck down too.
(2) Striking down the law “impermissibly overrides state lawmakers’ settled ‘authority to regulate commercial activity they deem harmful to the public’” (naturally citing a dissenting opinion from the 11th Circuit).
Marc slams the arguments for his own well-articulated reasons at the link. To us, the first argument is a slippery (heh) slope argument, which is usually a weak logical tactic. The second argument is stronger, although we’d like to see a list of reasons why sex toys are so harmful.
It is still illegal to sell sex toys in Alabama. The U.S. Supreme Court declined to hear an Alabama case in 2007 on the subject, so the lower court’s ruling (upholding the ban) remains intact. This quote, from Alabama store owner Sherri Williams (the store’s name is “Pleasures”) sums up the passion of people across the Southland who find the ban ridiculous:
“My motto has been they are going to have to pry this vibrator from my cold, dead hand. I refuse to give up,” she said.
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: