The following tale of legal technology took place in our nation’s capital, although it seemed to draw more attentionoverseas.
Last December, as winter’s grip began to take hold over Washington, D.C., Rodney Knight Jr. found himself in serious need of a heavy jacket. So he did what any of us would have done in these circumstances: he broke into someone’s house and took one. Knight kicked down the back door to the home of Marc Fisher, a metro columnist for the Washington Post, where he found his new winter jacket. In addition, being in a proactive mood, Knight decided to swipe two laptops and a bunch of cash.
Knight was so proud of his little heist that he felt the need to do a little bragging. Check out what one of the greatest criminal masterminds of the early 21st century did next….
What in the world is going on with our state attorneys general?
First there was the amazing Andrew Shirvell, former Michigan assistant attorney general. Shirvell used every form of media, social and otherwise, to stalk make people aware of the demonic student body president of the University of Michigan, Chris Armstrong. Shirvell claimed that Armstrong, who is openly gay, was imposing his notorious “homosexual agenda” on the Wolverine faithful, and had to be stopped. After being banned from the University of Michigan campus and allegedly lying to his boss, Attorney General Mike Cox, Shirvell was finally relieved of his duties.
Last week, another news item caught my interest. Jeffrey Cox, a deputy attorney general in Indiana (no relation to the AG from Michigan), tweeted the liberal magazine Mother Jones that live ammunition should be used against the protestors at the Wisconsin Capitol. A few hours later, he was fired.
Such quick and harsh punishment struck me as going a bit overboard, and it seems that Jeff Cox might have a cause of action on his hands…
* One of my favorite parts of the judicial nomination process is the financial voyeurism it makes possible. Check out the income and net worth numbers for two S.D.N.Y. nominees named Paul: Paul Engelmayer, recognized by ATL as a top partner to work for, and Paul Oetken, who would become the first openly gay man to serve on the S.D.N.Y. if confirmed. [The BLT: The Blog of Legal Times]
* Now that the DOJ will no longer defend DOMA, married gay couples, represented by prominent immigration lawyer Lavi Soloway, plan to challenge the law in immigration court. [Stop the Deportations]
* Lawyerly Lairs: Retired Law Professor Edition. Amidst all the bellyaching by state workers demanding rich, defined-benefit pensions (which are basically extinct in the private sector), isn’t it nice to read about two old people who can pay for their own retirements — and a $3.3 million condo? [New York Times]
* Wondering why Rep. Christopher Lee stepped down so quickly? Here’s a possible answer. [Gawker]
* Musical chairs: Indianapolis-based Barnes & Thornburg takes six lawyers from Akin Gump and opens a new Los Angeles office. [Indiana Lawyer]
* If you’re done with the February bar exam, congratulations! Here are some ways to celebrate (besides going to Disney World). [Lawyerist]
Many large law firms forbid their lawyers from visiting social-media sites at work. Some have actual software blocks, preventing sites like Facebook, Twitter, and LinkedIn from loading on firm computers. Other firms tacitly discourage visiting these sites, since six minutes wasted on them are six minutes that could have been billed.
Small firms are less likely to have these policies or blocking programs, mainly because small firms are less likely to have any policies. Or IT departments.
This is partly a generational issue. On the one hand, you’ve got the Millennials, who are used to having IM chats, Pandora songs, and Facebook walls running in the background while they bash away at Lexis or Microsoft Word. On the other hand, you have more-senior (or just plain “senior”) lawyers, for whom the Interwebs are something to either be feared or restricted to off-duty hours.
Generationally, I’m somewhere in between. I’m 43, placing me at the early end of Generation X. Millennials make me feel old. When I started hiring twenty-something lawyers, I found their IM chats in the background jarring. But I quickly learned that this had no impact on their ability to get work done. They were far more able to multitask than I was, and it seemed silly to make a rule about social-media sites.
Also, a facility with social media comes in handy in a litigation practice. For example, several years ago, a client of ours fired an employee for taking unauthorized time off. The young female professional sought a leave in December to have some elective surgery — to wit, breast implants. (Note for law students: The phrase “to wit” must never be used unironically. And if you ever find yourself writing “to wit: a shod foot,” you need to leave the practice of law immediately.)
The young woman’s employer didn’t seem to a have a fundamental problem with her getting … enhanced. The problem was the timing. The holiday season was their busiest time of year, and they couldn’t afford to lose her then. But she went and did it anyway, and they fired her for the unauthorized leave.
By now, everyone has seen the Volkswagen Super Bowl commercial featuring Max Page as a pint-sized Darth Vader. You know, Max Page — the kid who plays Baby Reed on The Young and The Restless. You mean to tell me you don’t watch a little Y&R? Yeah, I don’t either, and I also hadn’t heard of him until the ad came out.
If you are one of the four people in the world who hasn’t seen this commercial yet, check it out here (first ad). The minute-long video features Page dressed in a Darth Vader costume trying (and failing) to use the Force on everything from his dog to the washing machine to his sandwich, with the Imperial March theme playing throughout in the background. When his father comes home in his shiny Volkswagen Passat, Page runs out not to greet him but to attempt to use the Force on the car. As he focuses all of his energy on it, the Passat suddenly starts.
The audience is quickly made aware that the car started not because of this little Vader’s supernatural abilities, but due to the father starting it remotely from the kitchen. Although Page is wearing a mask, you can imagine the look of surprise on his face as he turns in astonishment toward his parents. As I read online from one random commenter, the commercial managed to capture the spirit of Star Wars better than Lucas did in his last three prequels.
What many people don’t know is that Volkswagen used some of the Force itself with its social-media marketing — and that campaign may provide useful marketing lessons for attorneys. The company managed to not only create one of the most popular commercials during the Super Bowl, but also saved itself at least $3 million dollars in the process.
Is there any way lawyers could implement something similar?
Facebook’s lawyers have been looking for a rumble over the company’s responsibility to turn over user account information in legal cases. Now they’ve got one, thanks to a California juror and his grandstanding defense attorney.
The case stems from a gang violence criminal trial. Members of the Killa Mobb were being tried for a 2008 attack on a San Francisco man at a gas station. One of the 12 angry apathetic men in the jury box, Arturo Ramirez, posted to Facebook during the course of the trial that it was “boring.” Now the Killa Mobb’s defense attorneys want to get a hold of those postings, and any responses from Ramirez’s friends, to prove that he may have been biased — so the Mobb members can get a new trial.
Facebook refused to turn over Ramirez’s information, citing a 1986 law that protects Americans’ electronic communications. Ramirez originally told the Sacramento Bee that he was willing to turn the status messages over, but that was before he linked up with his own defense attorney, Ken Rosenfeld, who looks like he might like a little media attention. Rosenfeld’s now planning to fight tooth and nail to keep his client’s Facebook privacy settings high…
Ed. note: Gabe Acevedo will be covering LegalTech for Above the Law this year. If you are interested in communicating with someone from ATL about LegalTech coverage, please contact Gabe at gabe@gabesguide.com. Thanks.
The pregame show for LegalTech New York 2011 has been in full swing the last few weeks. Vendors and their PR reps have been constantly reaching out via emails, text messages, phone calls, and smoke signals, to contact industry experts, “thought leaders,” law firm decision makers, members of the media, and, perhaps most importantly, knuckleheads like me. All are doing their best to generate “buzz” before they announce their new products, alliances, services — fill in the blank as you see fit — at the conference.
Then, at 9:00 AM on Monday, LegalTech New York will open with what I am certain will be a riveting keynote address from Gabriel Buigas, Vice President and Deputy General Counsel of Hewlett Packard, entitled Legal vs. IT: Turn the Battle into a Solution to Meet Compliance. At that point, everything will reach a crescendo.
Well, not exactly.
Don’t get me wrong; I am sure Gabriel Buigas will give an excellent speech. But the real action will begin at 10 AM, when the doors to the exhibit hall open. That is when all hell breaks loose, and hundreds of technology vendors will be eagerly waiting to share with you the great news about their respective companies.
With that as a backdrop, here is some of what I expect to see at this year’s LegalTech….
A Facebook photo to rival David Lat's infamous mobile upload of post-operative cysts.
When you allow a photo to be taken, you should expect that it will be shown to others. That’s at the heart of a judge’s decision in the famous placenta photo case. Unless you’ve been stuck inside a womb, you must have heard by now about the placenta that almost aborted a nursing student’s career.
As previously noted, a Kansas judge decided that nursing student Doyle Byrnes shouldn’t have been kicked out of her program for posting a photo of herself posing with a human placenta to Facebook (at right). It was a move worthy only of de-friending by the weak-stomached.
The actual written decision in the case has come out, and there’s some interesting analysis in it, as noted by Eric Goldman at his Technology & Marketing Law Blog. It suggests that “photo-taking automatically means consent to widespread publication of that photo.” We imagine Brett Favre might object to that….
Here at Above the Law, we’re still enjoying the awesomeness of 1Ls and 2Ls going to war over the appropriate use of a listserv.
Today we’ve got an email more mundane in subject matter, but no less objectionable. It’s from a 1L (of course), who is trying to “network” with fellow 1Ls.
And it’s written by a 1L at Thomas Jefferson Law School, which had a starring role in the recent, widely read New York Times article on the dangers of going to law school. So our more elitist readers are about to have a field day…
A college graduate without student loan debt is akin to reading a kind quote about Kim Kardashian in a tabloid—it’s rare.
In the past eight years, student loan debt has nearly tripled to a whopping $1.1 trillion, and in the past 10 years, the percentage of 25-year-olds with such debt has risen from 25% to 43%
It’s gotten so bad, in fact, that New York Fed economists warned last month that the burden of student debt could stilt consumer spending by twentysomethings, as well as further hamper the recovery of the housing market and economy.
To get a better idea of what massive student loan debt (we’re talking over $100,000 massive) looks like, we talked to an attorney who graduated with a large student loan debt. We also consulted LearnVest Planning Services CFP® Katie Brewer to see just how their repayment plans stack up.
S. Fischer, 36, Attorney Graduated: 2001
How Much I Borrowed: $100,000
What I Still Owe: $45,000
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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: asia@kinneyrecruiting.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
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The following tale of legal technology took place in our nation’s capital, although it seemed to draw more attention overseas.
