Is there any case so awful that it compares favorably to nearly 20 years of warfare?
No. No, there really isn’t.
So when Quinn Emanuel’s John Quinn was quoted calling the Apple v. Samsung brouhaha “Apple’s Vietnam,” it ruffled a few feathers from the sort of people who still remember the Vietnam War as more than an inconvenience.
I love the smell of IP litigation in the morning! Smells like, victory….
* U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times]
* The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog]
* Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post]
* Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal]
* The DOJ lifted its three-year hiring freeze yesterday. There are thousands of jobs out there waiting for the perfect applicant. You know what that means: apply to EVERY SINGLE JOB and see what sticks. [WSJ Law Blog]
* It looks like the ABA is going to move toward allowing paid externships for law students — because being paid to work is smarter than paying to work. Oh good, we’re glad someone finally realized that. [National Law Journal]
* Cleveland-Marshall’s solo practice incubator will be up and running in March. Ten lucky grads will pay rent to their law school to learn what they should’ve when they were still paying tuition. [Cleveland Plain Dealer]
* If you think you’ve got it bad as a 3L here in America, think again. Canadian 3Ls in Ontario are looking at a 79 percent increase in articling and licensing fees, bringing the grand total to almost $5,000. [CBC News]
Ed. note: This is the first installment of “On Remand,” a legal-history column by new writer Samantha Beckett. You can read her full bio at the end of this post.
The statute of limitations never expires on an interesting legal story, so each week “On Remand” will report on legal aspects of a story from the past using a “this day in history” theme. First up, Beatlemania!
Five years before John, Paul, George, and Ringo crossed Abbey Road, they crossed the pond and invaded U.S. living rooms. Fifty years ago last night, the Beatles appeared on The Ed Sullivan Show for the first time. The floppy-haired Fab Four were warmly welcomed by shrieking fans and America’s version of royalty – the King himself, Elvis Presley. As Ed Sullivan explained before the Beatles took the stage: “You know something very nice happened and the Beatles got a great kick out of it. We just received a wire – they did – from Elvis Presley . . . wishing them a tremendous success in our country.”
It’s safe to say that Elvis’ wish came true. The Beatles won an Oscar, racked up enough Grammys to collapse a shelf, and were inducted into the Rock and Roll Hall of Fame.
By 1978, both the Beatles and the British Invasion were ancient history. Beatles fans consoled themselves with the music of Wings and the solo careers of John, Ringo, and George. And one Beatles fan in particular, Steve Jobs, was busy with his two-year-old computer company, Apple Computer. But that year, Apple Computer would experience a British invasion of its own when the Beatles’ company, Apple Corps (thank Paul McCartney for that pun), sued Apple Computer in Britain’s High Court. The dispute concerned the companies’ similar apple logos: a Granny Smith for Apple Corps, and an icon of an apple with a byte bite removed for Apple Computer….
* Quinn Emanuel got a pretty harsh benchslap from Judge Paul Grewal over its litigation strategy in the Apple / Samsung case, calling it “650 lawyers wide and one lawyer deep.” Sick burn, Judge. [Courthouse News Service]
* At Cardozo Law, Jordan Belfort’s former lawyer says that the movie Wolf of Wall Street “played down the sex and drugs.” Dear Lord, if that’s the case, Leo’s muse should be happy he’s alive. [DealBook / New York Times]
* “I’ve been around the block. And I’ve never seen an attorney general sanctioned.” Ahh, the rarest rose. Nevada’s AG was sanctioned for failing to provide evidence in a fraud case against a mortgage lender. [Forbes]
* Eighteen people were arrested for their alleged attempts to market and sell Super Bowl “party packs” to football fans. It’s pretty sick, but you’d got to admit that hookers and blow beat wings any day of the week. [Bloomberg]
* Law schools in the Southeast closed their doors because their states were “unequipped for dealing with the roadways.” Send them up here, we’ve got school when there’s a foot of snow. [National Law Journal]
* A recent grad of a “good school” wanted to know how to get a job, so she asked an advice columnist. Here are five of the suggested jobs she probably already applied to and was rejected from. [Fortune]
* The third time’s apparently the charm in Italy: Amanda Knox was convicted of murder, again. Foxy Knoxy must be pissed that her case has turned into an extradition question on an international law exam. [CNN]
* Wal-Mart may recall loads of donkey meat from their stores. Not because they sold donkey meat — they intended to do that — but because there was fox meat mixed in. What does the Fox Say? Nothing, because it was ground into donkey meat. The end. [MSN Money]
* Of course Colorado got rid of mile marker 420. But it’s not because they don’t like weed — it’s legal there, after all — check out the real reason. [Lowering the Bar]
* A listing of this lawyer’s previous representations. In the words of our tipster: “Don’t know what’s worse: Courtney Love or the Gambino crime family.” [Andrew Mancilla, Esq.]
* The Ninth Circuit gave the go-ahead for about 60,000 tech workers to sue Google, Apple, and other companies for artificially driving down wages by agreeing not to poach each others’ employees. Hey, give these folks some love, not every one of them is going to go start a new video game company. [Reuters]
* A lot of Cuban-American families in Miami blow a lot of money on quinceañeras. Here’s a way to recoup some funds: throw a completely innocent party and wait for the cops to come by and commit police brutality. This guy netted $90,000 that way. [Miami New Times]
In too many ways, 2013 was a year that vindicated the long-standing paranoia of many Americans, particularly the more conservative. A bewildering number of stories littered the news that seemed to confirm exactly the sort of gross government overreach that previously sounded like a delusion of someone whose eyes were scanning the skies for black helicopters. In spring 2013, for example, we learned that the IRS had been targeting the 501(c)(3) applications of conservative and libertarian organizations, apparently based solely on their political and philosophical affiliations. Nothing in 2013, though, fanned the flames of political paranoia quite like revelations of the National Security Agency’s mass surveillance programs.
In Clapper v. Amnesty International USA, decided in February, the U.S. Supreme Court dismissed Amnesty International’s constitutional challenge to a portion of the FISA Amendments Act of 2008. In its 5-4 opinion, the Court found that Amnesty lacked Article III standing, in part because the plaintiffs could not show that they had necessarily been targeted for surveillance. When Edward Snowden later disclosed details of the NSA’s PRISM surveillance program, civil libertarians experienced something of a Pyrrhic victory. Standing would not be a problem in many future lawsuits because the revelation of PRISM established that millions of Americans had been subject to some NSA spying. The only question was whether that surveillance amounted to a violation of the law.
As we leave 2013 and 2014 dawns, some new developments have emerged . . . .
OmniVere’s delivery of end-to-end technology & data consulting to position the company as a true differentiator in the global legal technology and compliance space.
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Ferguson, Finkelman & Fletcher are nationally recognized experts and seasoned veterans in the areas of overall technology, electronic discovery, and structured data. At OmniVere, the team will be focused on all global consulting activities with respect to legal compliance, complex data analytics, business intelligence design and analysis, and electronic discovery service offerings.
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