It sucks when your client is caught on video selling 99% pure meth to an undercover DEA agent. It sucks even more when he decides to turn in the kingpin in exchange for a shorter sentence, and the guy he names is also your client.
– An ex-Skadden lawyer turned criminal defense attorney.
Here’s a little fact that’ll make some of our readers feel old: Facebook, the world’s largest social media conglomerate, celebrated its ninth birthday yesterday. Being that it’s almost been around for a decade, the site’s been there with some of our younger readers throughout college, law school, bar exam hell, law jobs (or the lack thereof), engagements, weddings, babies, and more.
In celebration of Facebook’s birthday, the good people over at BuzzFeed did some stalking research on the site’s very first users, all 25 of them. As it turns out, some of them went on to become lawyers. But where did they go to law school, and which firms are they at today?
Let’s do something Facebook would never do — invade their privacy — and find out….
This is a post about the internet, and yes, it’s about small law firms.
You’re still in the race to page one of Google. Nothing is more important. It’s tiring. Your marketeer tells you that blogging is king. You don’t have time to blog, you need clients now — you aren’t interested in waiting for some client to think you had something interesting to say in your blog, and in turn, call your office, or some lawyer to read what you wrote and refer you a case.
Not a problem, says the marketeer. It doesn’t matter what you write, as long as your website is linked throughout the posts, like this:
Recently, this Craptown family lawyer read about a father being held in contempt for failing to pay child support. This case was not in Craptown and did not involve a Craptown family lawyer. As a Craptown family lawyer, it is important that anyone in Craptown who has a problem with Craptown family law call a Craptown family lawyer. It is unclear whether the father sought the services of a Craptown family lawyer, but contempt is a bad thing and is a reason to seek out a Craptown family lawyer. So for those of you fathers that are broke, it may be time to call a Craptown family lawyer.
These blogs all suck, say nothing, and exist only based on the marketeer’s promise of clients finding you via Google and dropping off a pile of cash at your office. The authors are very very very proud of their prose, as the marketeers cheer on their attempts to game Google. “Hey man, that last post was great, you had 27 links to your website.”
Obviously, this doesn’t apply to the vast amounts of Biglaw associates who read every single word of this column under duress every single week while waiting for their next assignment, but for those small firm and solo practitioners, I have a question: Does it work?
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.
* Twitter ordered to out anti-Semitic users by a French court. France wants to know the names of the anti-Semites so they can surrender to them. [Thomson Reuters News & Insights]
* How are you feeling, Vermont Law School? Right now, you don’t look so good. [Constitutional Daily]
* Now you too can see why AIG decided to not sue the government that bailed them out. [Dealbreaker]
* Seems like these Catholic hospitals aren’t so strident about when life begins when there’s a malpractice lawsuit on the line. [Raw Story]
* Though, according to some Republicans, fetuses might still be evidence — evidence that rape victims should not be allowed to “tamper” with (what a wonderful little party the GOP has going there). [Gawker]
* The Maryland State Police have to turn over racial profiling complaints to the NAACP. Man, wouldn’t that have made a good season of The Wire? “The Staties.” Carcetti would be Governor. McNulty would be getting away from it all by tending bar in the D.C. area, only to get sucked back in when he passes a state trooper arresting Bubs for driving while black through Takoma Park. [Baltimore Sun]
* The revised transcript from the day Justice Thomas spoke during oral arguments has arrived, and it seems his record for not having asked a single question from the bench is still intact. [WSJ Law Blog (sub. req.)]
* The Seventh Circuit ruled on Indiana’s social media ban for sex offenders, and the internet’s filth will be pleased to know they can tweet about underage girls to their heart’s content. [National Law Journal]
* Propaganda from the dean of a state law school: lawyers from private schools are forcing taxpayers to bear the brunt of their higher debt loads with higher fees associated with their services. [Spokesman-Review]
* Rhode Island is now the only state in New England where same-sex couples can’t get married, but that may change as soon as the state Senate gets its act together, sooo… we may be waiting a while. [New York Times]
* It’ll be hard to document every suit filed against Lance Armstrong, but this one was amusing. Now people want their money back after buying his autobiography because they say it’s a work of fiction. [Bloomberg]
In a way, I’m surprised we don’t have more stories about people posting their grades on social media sites. The kids are already using Facebook and Twitter as a running diary of their lives, so you’d expect there to be more instances where people throw their law school transcripts up on the internet.
In fact, let me ask the question this way: why wouldn’t you post your grades on Facebook? They’re clearly important to you. If you did well, you can brag about them just as surely as one of your friends is bragging about the exploits of their kids or dogs. If you did poorly, you can seek the solace of friends who you don’t actually like well enough to have a beer with. Why wouldn’t you post them?
The obvious answers seem painfully old-timey. “It’s in poor taste to brag about your grades.” “Your transcript should be private.” “You got an ‘A’? Go f**k yourself.” These are the thoughts of a previous generation. For the Facebook generation… I mean, have you seen what people post? This is nothing.
A law student decided to post his solid grades on Facebook. I bet you can guess what school we’re talking about. Let’s just say that it’s a school that seems to admit students who like to draw attention to themselves when things are going well by subtly upturning their collars….
One of the biggest obstacles job seekers face is coming across as just another name on just another résumé. 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 — effectively giving job seekers an edge over the competition by allowing them to “meet” employers before other candidates.
ViewYou videos are a professional, powerful way to introduce yourself to employers and supplement your résumé. In your video, you can answer interview questions, describe your past work experience, demonstrate language skills, include footage of mock trial competitions, or explain your desire to work in a particular field or location. By including the videos alongside your résumé, writing samples, and other application materials, ViewYou allows you to promote your personal brand using one convenient platform.
ViewYou also allows as much privacy or accessibility as users want: make certain segments of your profile publicly available to share with friends and family, or include private links to employers on your résumé or cover letter. Unlike a traditional, non-professional social network, friends can’t post inappropriate comments, your current employer can’t see your activity, and strangers can’t view or comment on your videos.
In this challenging job market, making a personal connection with employers can be the key that sets a candidate apart from the competition, and ViewYou is a powerful tool that allows law students and lawyers to do just that. Check it out today.
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.
[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).
Last week, Netflix announced that it received a Wells notice from the SEC. Apparently, while the SEC was cruising Facebook (what else is there to do while neglecting to investigate Wall Street?), someone noticed Netflix CEO Reed Hastings posting that Netflix had surpassed one billion hours of streaming old episodes of Facts of Life to shut ins.
The SEC staff thinks Hastings disclosed material information in this Facebook post, possibly violating Reg FD, the 2000 regulation that put a stop to companies giving an advantage to small subsets of investors by disclosing material information between blowing rails of coke off strippers.
But Facebook isn’t a seedy strip club full of free drugs and prostitutes (read: Christian Mingle). Reed Hastings has over 200,000 “fans,” many of whom are analysts and reporters. In pursuing enforcement without exercising a little discretion, the SEC ignores these facts.
Netflix is arguing that the disclosure was not material and that most investors knew that the CEO’s Facebook page is recognized as an avenue for public disclosure.
Regardless of the specific resolution of this matter, this is one more reminder that the SEC is woefully behind when it comes to adapting to technological developments. Like, oh I don’t know, HFT perhaps?
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at asia@kinneyrecruiting.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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!