Last month, we discussed an interesting case that was pending before the New York Court of Appeals, the state’s highest court. The question presented: whether an adult entertainment club is entitled to a sales tax exemption for admission and lap dance fees under the theory that these dances qualify as “dramatic or musical arts performances.”
Flying with the speed of boobie tassels attached to a stripper gyrating furiously around a pole, the court handed down its ruling just a few short weeks after oral argument. Here’s what the court held….
Perhaps Dechert meant this kind of Macho Man, instead?
* Congrats to Larren Nashelsky for being one bad ass MoFo. He’s taking over as Chair of Morrison & Foerster, and claims the firm’s had “some of [its] best years in recent years.” [San Francisco Business Times]
* Macho, macho man! You’ve got to be, a macho man to work at Dechert. An ex-associate says he was fired for using FMLA time and blames the firm’s “macho culture” in his retaliation complaint. [National Law Journal]
* Sorry, but you make too much damn money. Utah’s Judicial Conduct Commission recommended a judge for censure because his salary was “in excess of the amount allowed by law.” [Standard-Examiner]
* “We’re all reacting to Darwinian pressures in the market and from students.” Maybe that’s why law schools are adding more classes having to do with careers as in-house counsel. [Corporate Counsel]
* Jerry Sandusky has asked Judge John Cleland to reconsider his 30-60 year prison sentence because he thinks it’s excessive. Strange, because some people would argue it wasn’t excessive enough. [Bloomberg]
You can feel it when the conversation is about to go there. Someone mentions a funny name. Maybe it’s a celebrity name, like Apple or Pilot Inspektor. And before you know it, you’re smack dab in the middle of one person’s tale of his brother or his cousin. Maybe it’s his cousin’s brother who worked in a hospital or who was a school teacher. Well, it’s this distant relative who encountered the Lemonjello. His brother Orangejello was the slow one, this lying jerk will say. And then the table will erupt into uncomfortable digressions on race and naming conventions. People care about baby names. A lot.
And so it is that we’re confronted with news out of Staten Island, where a judge ruled against a pastor’s attempt to change his family’s name.
Straight from the slums of Shaolin, the Wu-tang Clan strikes again. The Rza, the Gza, Ol’ Dirty Bastard, Inspectah Deck, Raekwon the Chef, U-God, Ghostface Killah and …
In May, Chief Judge Jonathan Lippman of the New York Court of Appeals announced that a new bar admission hurdle would be foisted upon the state’s would-be lawyers in the form of a 50-hour pro bono requirement. Last month, we found out that the new rule was “much better than it could have been,” since it allowed for the mandatory pro bono hours to be completed anywhere and at any time, including during bar admittees’ law school years.
That really doesn’t sound as bad as everyone thought it was going to be. The “justice gap” will be closed, the importance of public interest work will be stressed to new lawyers (even though existing lawyers will continue to maintain only an aspirational call to perform pro bono work), and everyone will hold hands, sing “Kumbaya,” and call it a day. At least that’s how Lippman envisioned it.
But now that everyone’s gotten used to the fact that New York’s pro bono rule is here to stay, some additional analysis has been performed by law schools statewide. Oh, you thought that the state’s “justice gap” was going to just disappear? Yeeeaaahhh, about that….
Here is an excerpt from Manhertz v. State, handed down on October 9 by the Georgia Court of Appeals:
Specifically, Joyner explained that she met a dancer at a strip club, who went by the stage name Paradise. After a brief conversation, Paradise asked Joyner how she was employed, and Joyner informed her that she worked as an assistant manager at an apartment complex. Paradise responded by informing Joyner that she had a friend named Kane, who would pay $1,000 for tenants’ names, social-security numbers, driver’s-license numbers, and copies of signed checks. Joyner agreed to do so and later provided Paradise with the requested information. However, Joyner asserted that she was never paid any money. And although Joyner claimed that she went back to the strip club on one or two occasions in an attempt to collect the promised payment, she was unable to find Paradise — no doubt finding little comfort in the axiom that “solitude sometimes is best society.” [FN2]
Along with all the wonders and ease of technology — the world wide web at your fingertips, the ability to send photos of your family vacations from the top of a mountain — there are also some serious accompanying risks. Like the possibility of forgetting to delete a stray picture of your privates and accidentally showing it to a colleague in the middle of a cellphone slideshow of otherwise innocent family and church photos.
But that’s what former Philadelphia traffic court judge Willie Singletary did. He resigned several months ago over the blunder, and now he’s been officially called out by the state’s Judicial Discipline Committee…..
Last night, on the eve of his sentencing hearing, Jerry Sandusky, Penn State’s former assistant football coach, released an audio recording from jail, and in it he continued to proclaim his innocence. This morning, it was up to the trial judge, Judge John Cleland, to dole out punishment for the man who had been found guilty on 45 of the 48 counts of child sex abuse against him.
* Dewey know when Judge Martin Glenn will issue his ruling on the failed firm’s proposed partner contribution plan? If all goes according to plan, we can expect to learn if the PCP’s been approved or rejected as early as next week. [Am Law Daily]
* Hot on the heels of Google’s digital-book settlement, the company announced that it would be appealing its copyright infringement jury verdict in the Oracle trial. One thing’s for sure: Judge Alsup will be angered terribly by this. [Bloomberg]
* David Askew, formerly the director of Edwards Wildman’s pro bono program, will now lead the National Association of Minority and Women Owned Law Firms as CEO and general counsel. [Corporate Counsel]
* The American Bar Association submitted an amicus brief in support of using race as a factor in college admissions, because diversity in college education is a must for diversity in law schools, duh. [ABA Journal]
* Remember the family law judge who got caught beating his daughter in a video that went viral? Now he wants the Texas Supreme Court to reinstate him, over his ex-wife’s objections. Good luck with that. [CNN]
* “This case has nothing to do with the United States.” We’d normally let that slide because of this law from 1789, but now the Supreme Court is suddenly skeptical about the validity of the Alien Tort Claims Act. [Reuters]
* “Why are we being punished for Dewey & LeBoeuf?” Come to think of it, former employees at the failed firm are probably wondering the exact same thing as the fictional characters on “The Good Wife.” [WSJ Law Blog]
* Reduce, reuse, and recycle your claims? New York Attorney General Eric Schneiderman filed suit against JPMorgan, alleging that the bank’s Bear Sterns business defrauded mortgage-bond investors. [Bloomberg]
* A man of many firsts: Randall Eng, the first Asian judge in the state, was appointed to lead New York’s Second Department as presiding justice, the first Asian-American to serve in the position. [New York Law Journal]
* Why shouldn’t you get a dual JD/MBA? Because hiding out in school for another year isn’t going to save you from all of the extra debt you’ve incurred earning yet another degree. [Law Admissions Lowdown / U.S. News]
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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 email@example.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?
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