Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
At times, there’s no one in a more unenviable position than the chairman of the FCC. When not dealing with larger issues like net neutrality and wireless competition, you’re at the beck and call of every member of an Overly Concerned Citizens’ Group that feels the need to start a letter-writing campaign any time an expletive hits the airwaves.
Bono fired off an f-bomb at the Grammys and someone let Nicole Richie make the most of her what-am-I-for fame by giving her a microphone and allowing her to explain how difficult removing cow shit from a Prada purse is. The Second Circuit Court of Appeals has twice found the FCC’s rules on so-called “fleeting expletives” to be a violation of the First Amendment. That, of course, matters little to angry letter writers who somehow believe The Children will be encouraged to swear by potty-mouthed celebs…
Yesterday was the last day of July, and baseball fans know that this day is important because it’s the trade deadline. (Seamheads and baseball lawyers understand that it’s actually only the nonwaiver-trade deadline, but why take the fun out of it?) So I spent some time this weekend following the interwebs to see whether the Red Sox would do anything to improve their league-leading team (and even better, thwart the Yankees from improving at the same time).
At one point, there were reports that the Red Sox had traded for A’s pitcher Rich Harden. But the Sox scuttled the deal once they learned that the oft-injured Harden had a hospital bracelet tattooed on his arm to save time. (They ended up acquiring left-handed pitcher Erik Bedard, who is injured slightly less often than Harden.)
But as I was watching the annual trade-deadline special on the New England Sports Network after Sunday’s game (apparently, I have no life), I saw a laptop commercial that only a law firm could appreciate.
Whose ad it was and why it made me think of the sorry state of law-firm marketing, after the jump.…
I’m a huge Red Sox fan. (That noise you just heard were all the Yankees fans skipping ahead to the comment section. Don’t wait, guys. I’ll be right there.) This season began with the highest expectations, after the Sox won the offseason by acquiring superstars Adrian Gonzalez and Carl Crawford and by rebuilding their bullpen. Experts and fans alike were predicting a 100-win season (their first since 1946) and a nonstop flight to the World Series. Instead, the team got off to a horrific start, going 0–6 and 2–10. Since then, they’ve begun to turn it around, finally reaching .500 on May 15. Now they’re just half a game out of first place in the tight AL East.
Part of the reason for this turnaround has been excellent pitching. Jon Lester, the young lefthanded cancer survivor, sits atop the American League leaderboard with a 6–1 record; no AL pitcher has more wins. Josh Beckett, the veteran star rebounding off a couple down years, is 3–1.
Now just looking at wins, you’d think that Lester is outperforming Beckett. But you’d be wrong, because win totals tell you very little about how a pitcher is performing. Just as looking at hours-billed totals tell you very little about how a small-firm lawyer is performing.
Better ways to measure performance (for pitchers and lawyers), after the jump.…
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 firstname.lastname@example.org 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;
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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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