We all know how much the Ninth Circuit loves to follow the Supreme Court. So should it be surprising that the Honorable Alex Kozinski, Chief Judge of the Ninth Circuit, will be appearing in a feature film this fall?
And no, it’s not a documentary about the legal system. It’s a fiction-based, feature film….
* Kesha’s publicist really needs to talk to Kesha’s lawyers about filing lawsuits that make Kesha Ke$ha look lame. [Thomson Reuters]
* You don’t really think you’re going to get a law school to roll over and pay $40 million to snookered students like a cooking school would? Crappy law schools might not be training great lawyers, but they can certainly afford to hire some. [Inside Scoop SF]
* How to subpoena information put on Facebook, or as I like to call it: “How to ruin it for everybody.” [An Associate's Mind]
* “A less gilded future”: an overview from The Economist of the state of the legal economy. [The Economist]
* Chief Judge Kozinski isn’t the only one who loved the new movie Atlas Shrugged. [Dealbreaker]
* Monica Goodling gets a public reprimand by the Virginia state bar. In other completely pointless actions, I just high-fived a Mexican for Cinco de Mayo. [Virginia Lawyers Weekly]
* Speaking of which, I’ve had too many tequila shots today to get hyped up about the Confederate flag. [WSJ Law Blog]
* Seriously guys, take the hint, it’s Cinco de Mayo — it’s okay to sneak out from work and have a drink with friends… assuming you still have friends. Here are some fun facts and music to get you in the mood. [Christian Science Monitor]
The Winklevoss twins might be hot -- but their case is not, according to the Ninth Circuit.
If you enjoyed The Social Network, then perhaps you should be grateful to Cameron and Tyler Winklevoss. The lawsuit they filed against Facebook and Facebook’s founder, Mark Zuckerberg, gave rise to excellent entertainment. The movie wouldn’t have been possible without it.
But now the litigation is getting… old. And some people just want the Winklevoss twins to go away. Like three judges on the U.S. Court of Appeals for the Ninth Circuit.
In a ruling handed down today, rejecting the Winklevosses’s effort to overturn an earlier settlement with Facebook and Zuckerberg, the Ninth Circuit dispensed some stinging benchslaps. The opinion contains detailed and erudite analysis of both California contract law and federal securities law, but it can be summarized in four words: “Winklevii, STFU and GTFO.” (Feel free to use that in your headnotes, Westlaw and Lexis.)
Who wrote the opinion? None other than the ever-colorful Chief Judge Alex Kozinski, of course!
Let’s see what His Honor had to say — plus learn about additional Kozinski-related and movie-related news….
There’s always something fun going on in the Ninth Circuit. Last week, the Court voted against rehearing en banc in United States v. Alvarez, a case raising the constitutionality of the Stolen Valor Act (a law that essentially criminalizes false claims of military heroism). A divided three-judge panel struck down the Act on First Amendment grounds, and the Ninth Circuit voted against reconsidering that decision en banc.
Judge Diarmuid O’Scannlain (disclosure: my former boss) wrote a spirited and persuasive dissent from the denial of rehearing en banc, on behalf of himself and six other judges. The dissenters argued that the Act passes constitutional muster and that the First Amendment does not protect knowingly false statements of fact (subject to certain exceptions not presented by the law). The position that the Stolen Valor Act is constitutional is shared by a number of prominent scholars, including First Amendment guru Eugene Volokh.
But this is far from an open-and-shut case (unlike many of the Ninth Circuit cases that generate dissents from denial of rehearing, which we’ve previously described as the “Bat Signal” flashed by right-of-center Ninth Circuit judges to the Supreme Court when the lefties run amok). On the other side of the Alvarez case was Chief Judge Alex Kozinski — Professor Volokh’s former boss, and a jurist who, like Judge O’Scannlain, is often vindicated by SCOTUS smackdowns of Ninth Circuit liberals.
Were you disappointed by James Franco and Anne Hathaway as Oscars hosts? If so, you weren’t alone. PopEater described their hosting efforts, especially Franco’s, as “a disaster.” The New York Times declared the proceedings to be “downright painful” at points.
Next year, the Academy Awards should go in a different direction. Enough pandering to the youth. For 2012, the Oscars host should be a certain hilarious, older Jewish gentleman, who has been celebrated over the years for his brilliance and wit, and who knows a great deal about movies.
Bring back Billy Crystal? Not a bad idea — but here’s a better one. Bring on Chief Judge Alex Kozinski, of the U.S. Court of Appeals for the Ninth Circuit!
In addition to his incredible intellect and superb sense of humor, Chief Judge Kozinski has an encyclopedic knowledge of film. Recall his famous ruling in the movie-industry case of United States v. Syufy Enterprises, featuring over 200 film titles woven artfully into the text of his opinion.
Chief Judge Kozinski knows movies, and he loves movies. He goes to the cinema every chance he gets. In fact, His Honor recently sent a movie recommendation my way — and it’s PG-13, in case you’re wondering….
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 seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.