* Aw, come on, Mort, Dewey really have to pay you $61M? In case you missed it last night, the only thing that made the former vice chairman’s departure memo dramatic was the insane amount that he claims he’s owed. [DealBook / New York Times]
* Congratulations to Jacqueline H. Nguyen on her confirmation to the Ninth Circuit. She’s the first Asian American woman to sit on a federal appellate court, so she’s earned our judicial diva title (in a good way). You go girl! [Los Angeles Times]
* Google might’ve infringed upon Oracle’s copyrights, but a jury couldn’t decide if it constituted fair use. Sorry, Judge Alsup, but with that kind of a decision, you can bet your ass that there’ll be an appeal. [New York Times]
* A Harvard Law professor has come to Elizabeth Warren’s defense, claiming that an alleged affirmative action advantage played no role in her hiring. And besides, even if it did, it only played 1/32 of a role. [Boston Herald]
* Classes at Cooley Law’s Tampa Bay campus began last night. Unsurprisingly, the inaugural class is double the size originally projected, because everyone wants to attend the second-best school in the nation. [MLive]
* Albany Law will be having a three-day conference on the legal implications of the Civil War. This could be a little more exciting if presenters wore reenactment garb and did battle when it was over. [National Law Journal]
* Jury selection is underway in a second degree murder trial that will forever be known as the case where a defendant first raised the “Snooki Defense.” He didn’t kill his wife… but her spray tan did. [CBS Miami]
* Attorneys settle a personal injury case for $350,000, just minutes before the jury returns a $9 million verdict. All hell breaks loose, Satan rides in on a chariot pulled by dragons, all the light bulbs explode, and now they are arguing over whether to retry the case. [The Recorder]
* The jury judge has spoken. Woe and mockery to those in Pennsylvania’s 49th Judicial District who fail to use the Oxford comma. [Constitutional Daily]
* Do robots dream of electric anti-Semitism? A new lawsuit filed by a French anti-discrimination group thinks so. The group is not happy that Google apparently suggests “Jewish” as an autocomplete result if you look up celebrities such as Rupert Murdoch and Jon Hamm. I wonder if Godwin’s Law applies to computers. [Daily Dolt]
* The Ninth Circuit rules that John Yoo must be granted qualified immunity in a lawsuit filed by an American who was allegedly tortured. [Thomson Reuters]
* Interesting employment law tidbit: you might be able to destroy a surprising amount of your employer’s property before you get fired (gavel bang: Amar’e Stoudemire). [Dealbreaker]
There’s nothing a lawyer likes better than winning a case — especially a case that’s been argued before the U.S. Supreme Court. It’s basically the crowning achievement of a successful career in the law. That being said, even the most gracious SCOTUS victor is entitled to do some gloating (even if the subject matter was particularly snooze-worthy, like qualified immunity).
But sometimes lawyers can go a little overboard with their victory dances. Sometimes lawyers will think up some really outside-the-box ways to shame the losing litigant — and, in the process, themselves.
And with that, allow us introduce you to our Lawyer of the Day, a man who decided it would be a great idea to write a letter to his opponent with the suggestion that he read the SCOTUS opinion “eternally from hell”….
* Elsewhere in social-media news, thank God for this ruling. Otherwise, everyone we know would be fired and in jail. [WSJ Law Blog]
* If you still aren’t on Twitter, here’s another reason you should jump on the bandwagon. You never know when your boyfriend might get kidnapped in South Africa and thrown in the trunk of a car, and you have to tweet the kidnappers’ license plate so he can be rescued. [Ars Technica]
Majority opinions are hardly sitting ducks for the criticism dissentals may heap on them. If a panel majority finds that a dissental scores some valid points, it can modify its opinion to eliminate the problem, something that happens regularly in the Ninth Circuit. Indeed, fear that internal criticisms will be taken public often causes judges to moderate outlier opinions so as to present a smaller target for public criticism and possible certiorari. One of us (yes, the hot one) is even aware of a case where the panel withdrew its opinion and reversed the result, after winning the en banc vote, in the teeth of a stinging dissental.
* As if being a Mets fan wasn’t bad enough on its own, Judge Jed Rakoff has struck again. He refused to dismiss Irving Picard’s lawsuit, and now the team’s owners must go to trial over millions. [Businessweek]
* Lawyers from Milberg will be joining Paul Ceglia’s legal team. They must not have checked this dude’s Facebook timeline — this is the the fifth firm to sign up for a Gibson Dunn sucker punch. [Bloomberg]
* Thanks to a decision by a three-judge panel of the Ninth Circuit, Jared Loughner will continue to be forcibly medicated. What better way to restore him to competency than to shove pills down his throat? [Reuters]
Montana Chief Judge Richard Cebull started the first day of the rest of his life today. The judge who sent around a racist and sexist email about Barack Obama and the president’s dead mother started the “damage control” process that will never really end.
Richard Cebull could emancipate slaves and everybody would still know he’s a racist. Obviously, his family and friends already knew he was racist, but now the general public gets to know. There’s nothing for it now. Whether or not he will still be allowed to have a job is pretty much all he can fight for.
And he is: he’s voluntarily asked the Ninth Circuit to review his conduct. And he’s written a letter of apology to President Obama — who is rapidly on his way to becoming the most poorly treated president in American history (even though the last one was openly thought to be mentally retarded, and the one before that was impeached for getting a BJ).
But we’ll get to all that. First, free of charge, I’m going to slow down long enough let everybody catch up to why the original letter was racist, and why sending the thing makes Cebull a racist, too….
* John Edwards’s heart condition has improved, so his campaign finance trial will begin in April. Your heart condition would be more manageable, too, if you knew your sex tapes were going to be destroyed. [Bloomberg]
At the administrative appeal from the denial of benefits, Chief Judge Kozinski found that the FEHB statute confers on the OPM [Office of Personnel Management] the discretion to extend health benefits to same-sex couples by interpreting the terms “family members” and “member of the family” to set a floor, not a ceiling, to coverage eligibility…. The Court finds this reasoning unpersuasive.
* An NYU Law grad and former WilmerHale associate, Cristina Alger, has just published a new novel (affiliate link) that looks quite interesting. [New York Times]
* Proposition 8 proponents want en banc review in the Ninth Circuit. I think we should raise the stakes. They’ll get an en banc panel, but if they lose they all have to get gay-married and try the goddamn green eggs and ham already. [MetroWeekly]
* Couldn’t we simplify errant golf ball liability to: if you get hit with a golf ball while you are on a golf course, it’s your fault. If you get hit with a golf ball while not on a golf course, liability rests with the whackjob who is hitting golf-balls in the middle of the city. [Legal Blitz]
* Are women more concerned with fairness law? [Ms. JD]
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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!