Well, there’s really nothing else to talk about this morning. Jezebel reports that a defense attorney has written a motion objecting to the people seated at the plaintiff’s table. Well, one person in particular — a “large breasted woman” who is seated next to plaintiff’s counsel.
Is there a law against having large-breasted women hang out with you? Of course not; this is America!
But since this motion is one of the most sexist things you are likely to come across, let’s give it a closer look…
* It looks like Jonathan Lee Riches has some competition. Check out this crazy lawsuit filed against Apple (and many other defendants), by one David Louis Whitehead. Why do the wackos always have three names? [Apple Insider]
* Check out Professor Glenn Reynolds’s interesting argument against a federally-mandated drinking age of 21. “If you get shot at, you can have a shot.” [Wall Street Journal via Instapundit]
* The FTC is holding Google’s balls feet to the fire over its privacy practices. Want to turn up the heat a few degrees? [EPIC]
Do you heart boobies? I do -- for aesthetic reasons, and as symbols of female seductive power.
* Speaking of body parts, would this lawsuit have turned out differently if the bracelets, instead of promoting breast cancer awareness by declaring “I ♥ Boobies,” promoted testicular cancer awareness and read “I ♥ Balls”? [Philadelphia Inquirer via WSJ Law Blog]
* And speaking of free speech and schools, Congress should proceed with caution when passing anti-harassment legislation. [Chronicle of Higher Education]
* Biglaw partners team up with a former federal prosecutor to launch a new litigation boutique. Say hello to Levine Lee LLP. [Am Law Daily]
Under normal circumstances, Lady Gaga can do no wrong in my eyes. After all, she’s done a lot for me. When I was sad, she advised me to just dance, because it would be okay. When I was drunk, she reminded me that I can’t text with a drink in my hand. When I was in court, she made sure I didn’t let anyone read my poker face.
Today, however, Lady Gaga has let me down. Today, Lady Gaga is disobeying her own mantra, because instead of being a queen, she’s just being a drag. Today, my friends, Lady Gaga has threatened to sue a company that sells human breast milk ice cream.
A legal challenge to Google search results garners more sympathy in Europe than it would in the U.S.
A cutting-edge legal complaint in Europe over internet reputation could force Google to rethink how it handles individuals’ control over the search results for their names.
Spanish plastic surgeon Hugo Guidotti Russo wanted Google to liposuction from his results a 1991 news article about a patient angry about an allegedly botched breast surgery. The article from El País, about a breast surgery that led a female patient to accuse Russo of malpractice, has the translated headline, “The risk of wanting to be slim.” Russo was later cleared of wrongdoing in the surgery, but the article, which doesn’t mention his acquittal, shows up on Russo’s first page of results. Google, as is its policy, refused to scrub it.
The case is one of over 80 in Spain in which the country’s privacy regulator, the Agency for Data Protection, has ordered Google to intervene and delete links from search results because they are out of date or contain inaccurate information. The agency summed up the conflict with a public advisory on its website in January: “Google Trial. The right to forget meets the freedom of information.” The “right to be forgotten” is not one found in the American Bill of Rights, but it’s becoming a popular one in Europe in the digital age, even if it does sound like the most depressing right ever.
Many large law firms forbid their lawyers from visiting social-media sites at work. Some have actual software blocks, preventing sites like Facebook, Twitter, and LinkedIn from loading on firm computers. Other firms tacitly discourage visiting these sites, since six minutes wasted on them are six minutes that could have been billed.
Small firms are less likely to have these policies or blocking programs, mainly because small firms are less likely to have any policies. Or IT departments.
This is partly a generational issue. On the one hand, you’ve got the Millennials, who are used to having IM chats, Pandora songs, and Facebook walls running in the background while they bash away at Lexis or Microsoft Word. On the other hand, you have more-senior (or just plain “senior”) lawyers, for whom the Interwebs are something to either be feared or restricted to off-duty hours.
Generationally, I’m somewhere in between. I’m 43, placing me at the early end of Generation X. Millennials make me feel old. When I started hiring twenty-something lawyers, I found their IM chats in the background jarring. But I quickly learned that this had no impact on their ability to get work done. They were far more able to multitask than I was, and it seemed silly to make a rule about social-media sites.
Also, a facility with social media comes in handy in a litigation practice. For example, several years ago, a client of ours fired an employee for taking unauthorized time off. The young female professional sought a leave in December to have some elective surgery — to wit, breast implants. (Note for law students: The phrase “to wit” must never be used unironically. And if you ever find yourself writing “to wit: a shod foot,” you need to leave the practice of law immediately.)
The young woman’s employer didn’t seem to a have a fundamental problem with her getting … enhanced. The problem was the timing. The holiday season was their busiest time of year, and they couldn’t afford to lose her then. But she went and did it anyway, and they fired her for the unauthorized leave.
* A Russian man is accused of posing as an immigration lawyer and stealing hundreds of thousands of dollars from fellow countrymen. Police say they knew he was lying when he began doing bizarre, and ridiculously obvious, things with Oreos. [Sun-Sentinel]
* You know how I know President Obama’s latest nominee to the S.D.N.Y, J. Paul Oetken, is gay? Because this article says so. Bonus: Lat quotes! [Poliglot / Metro Weekly]
* “Top Chef host Padma Lakshmi is treating her baby’s dad like a bottom feeder.” [New York Post]
* Allen “The Ponz” Stanford was found incompetent to stand trial. Aaaaaayyyyyy *thumbs* [Reuters]
* Before the rampage, Jared Lee Loughner performed internet searches on famous assassins, the death penalty, solitary confinement, and law firm bonuses. I think that’s right. [New York Times]
Payback may be a bitch, but she rarely moves so swiftly. As we just mentioned in Fame Brief, Supreme Court Justice Clarence Thomas is fielding more allegations about his sexual preferences today, after former girlfriend Lillian McEwen made some “explosive” statements to the Washington Post about her time with the Supreme Court justice.
I put “explosive” in scare quotes, because really all we’re learning from McEwen is that Justice Thomas likes (or liked, she dated him a long time ago) boobs and porn. Is that really such a big deal? Hey, quick question: Would you rather be reading this article about Clarence Thomas and Lillian McEwen right now, or doing something that involved boobs and porn? I know what my answer is. But like most of you, apparently watching boobs and porn is “FROWNED UPON in this ESTABLISHMENT.”
But does enjoying (sorry, allegedly enjoying) the mystifying undulations of the opposite sex make Clarence Thomas unfit to sit on the high court?
There are a couple of interesting employment discrimination suits floating around the blogosphere today. One is continuing on behalf of a dead, obese woman. The other involves leaky breasts. Sound like fun?
The claim that is being pursued by the estate of a dead woman is slightly more newsworthy because the Equal Employment Opportunity Commission is taking the position that a worker for a non-profit was fired because she had a disability. According to the EEOC — in my head, the EEOC sounds like Jame Gumb (a.k.a. Buffalo Bill) — Lisa Harrison was fired for being a great big fat girl.
Harrison died after filing the suit, but it is being carried on by her estate.
We’ve talked before about how fat people are on the fast track to protected class status. Protected class status is one thing, but are we sure we want to call fat people disabled?
You may have noticed that people working in Big Law are more pissed off than usual lately. And I can’t say that I blame them. The threat of associate layoffs still looms large. A six-figure salary barely keeps you off food stamps. White shoe firms are crawling with bed bugs. And herpes. But it looks like there’s a new kid on the block — a pair of kids, actually — gaining traction as the latest target for Big Law acrimony, at least if the state of affairs in and around my firm is any indication: Boobs. Or more to the point, how front and center they should be when it comes to dressing for work.
Now, arguments over appropriate sartorial choices for the workplace, breast-related or otherwise, are nothing new. Panels have been convened over them. Entire websites have been launched about them. Lawsuits have been waged because of them. But when the argument focuses on the degree of exposure — or lack thereof — of female breasts in the workplace, especially in a legal workplace, that’s when tempers really start to get out of control.
I can tell you’re already starting to get a little hot under the collar, aren’t you? OK, look, let’s all just calm down, take a deep breath, and take a tour of some photographic evidence….
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
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:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.