Cars

I get it, Uber can be sketchy. There would seem to be a market opportunity for the new car service called “SheRides” (in New York City) or “SheTaxis” (in Westchester). The company will offer all female drivers for only female clients…

double red triangle arrows Continue reading “‘SheTaxis': Nice Thought, Totally Discriminatory”

DMV photos are as close to most people are going to come to taking a mug shot. The lighting is bad, the angles are wrong, and people are uglier than they think they are.

But that doesn’t stop some people from trying to look their best for their state-issued ID. A 16-year-old in South Carolina passed the road test and showed up to the DMV in full make-up. The problem is that he’s a boy. And in South Carolina, boys are evidently not supposed to wear make-up — though methinks Lindsey Graham never got that memo.

The South Carolina motor vehicles department determined that the boy was wearing a “disguise,” and made him take off his face before taking the photo and issuing his driver’s license.

Now, his mother is suing on his behalf…

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* Dean Chemerinsky lays out how the Supreme Court is protecting local corruption. It’s what the Framers would have intended. [New York Times]

* In response to the latest article from Professor Michael Krauss, a former student suggests that maybe the so-called “justice gap” is a good thing. It kind of comes down to how much you believe in the efficiency value of the “American Rule.” [That's My Argument]

* The eternal question for female lawyers: do you dye your hair or embrace the gray? [Gray Hair]

* Boston’s drivers suck. [The Faculty Lounge]

* A well-written tribute to a Nashville civil rights lawyer. [Nashville Scene]

* This seems like a place to remind people that David’s going to Houston next month. [Above the Law]

* Here’s a new game to check out. It’s a twisted dirty word game called F**ktionary (affiliate link), so obviously it was made by a lawyer. It’s kind of like Cards Against Humanity meets Scattergories, which is just as fun as it sounds. The promo is after the jump….

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Say farewell to Cooley Law — j/k, it’ll always be Cooley.

* Cleary Gottlieb lost some historic cases during the first half of 2014, including one for $50 billion, but not to worry, “the firm is proud of the work Cleary lawyers do every day.” [Am Law Daily]

* The Fourth Circuit is refusing to issue a stay in Virginia’s gay marriage case, so the state will be for all lovers starting next week unless SCOTUS decides to step in. [National Law Journal]

* Thomas M. Cooley Law School has now officially become the Western Michigan University Thomas M. Cooley Law School. If only a new name could clear its reputation. [MLive.com]

* It’s not every day that a law student with a criminal history is arrested on murder charges, but Tuesday was that day for one student. We’ll have more on this later. [San Antonio Express-News]

* “Glass is built to connect you more with the world around you, not distract you from it.” Google sure is optimistic about Glass, but several states aren’t, and have already proposed driving bans. [WSJ Law Blog]

First, thanks to Baker & McKenzie, DLA Piper, Latham & Watkins, and Ulmer & Berne, all of whom endured my “book talk” about The Curmudgeon’s Guide To Practicing Law when I was recently back in the States.

Second — and proof that my mind is navigating on its own — I recently paused to think about driverless cars.

I suppose that, if you lived (as I do) in a major city that may be road-testing driverless cars before January, you’d be curious about these vehicles, too. (You’d want to consider, for example, whether you should stay on the sidewalk, even if that means walking endlessly in a one-block circle for the rest of your life.)

And if you labored (as I do) in the insurance (or insurance brokerage) space, you’d be scratching your head about what might happen to your industry if billions of dollars of auto insurance premium vanished (or was spent by people other than drivers) overnight. Lawyers for insurers should be thinking about driverless cars.

So, too, should lawyers outside the insurance space. Do you do DWI defense work? Your practice area may not exist in ten years. Do you participate in automotive accident or product liability cases? The world may be about to shift under your feet.

And I’m just getting warmed up here. . . .

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Joe Francis

* The day after the Supreme Court lifted a stay on Joseph Wood’s execution, it took nearly two hours for Arizona authorities to kill him using the very drug cocktail he contested on appeal. [New York Times]

* So long, farewell, auf wiedersehen, adieu: Spencer Barasch, the lawyer at the center of some blowback due to his dealings with Ponzi schemer R. Allen Stanford, is now leaving Andrews Kurth. [Am Law Daily]

* A dead body was found inside of this West Texas law firm, and the man who was pegged as a suspect claimed he lived at the firm, along with his recently deceased friend. This seems sketchy. [KCBD 11]

* Suffolk Law is hosting a contest where students, coders, and entrepreneurs will try to figure out a way to hack the justice gap. Start by creating an app to help new lawyers earn a living wage. [BostInno]

* Donald Sterling isn’t going to let the fact that he’s already involved in one contentious lawsuit about the L.A. Clippers stop him from filing another contentious lawsuit about the L.A. Clippers. [Bloomberg]

* Joe Francis of Girls Gone Wild infamy is in some trouble with the law. He just got hit with a $5,000 per day fine until he returns two luxury cars to the pornography company’s bankruptcy estate. [WSJ Law Blog]

Amal Alamuddin, ready to graduate from law school

* There’s a very good chance that if you go in-house, you could wind up making more money than even the wealthiest of Biglaw partners. But how much more? Take a look at the latest GC compensation survey. [Corporate Counsel]

* GM has hired outside counsel to review the way the company handles its litigation practices. Since we’re not sure which, we’ll take bets on whether this “well-respected outside law firm” is Wachtell or Jenner & Block. [WSJ Law Blog]

* A federal judge in California ruled that the state’s death penalty was unconstitutional. It seems that allowing a defendant to live with the “slight possibility of death” violates the Eighth Amendment. Damn you, appeals! [New York Times]

* “He hasn’t been charged with anything at the moment and we’ll deal with the charges when they’re filed.” Sgt. Bowe Bergdahl is currently being represented by Yale Law lecturer Eugene R. Fidell, a recognized military law expert (and husband of noted legal journalist Linda Greenhouse). [New Haven Register]

* We all know that George Clooney’s fiancée, Amal Alamuddin, has both beauty and brains. What we didn’t know is that she poses for incredibly embarrassing pictures, just like the rest of us. [Us Weekly]

* How do Americans feel about the Supreme Court’s recent cellphone privacy ruling, Riley v. California? [Digital Constitution / Microsoft]

Patent litigators travel frequently. I addressed the topic back in early March. Travel can be tiring, or fun, or a combination of the two. And travel episodes are sometimes good for a laugh afterwards. Sometimes, you can even learn a business lesson or two from a travel experience. On a recent trip, I was reminded that trying to save some money can be costly in other ways. And while it is nice to be running a firm that is a cheaper alternative to Biglaw, there is no excuse for letting that price differential compromise the quality of our services. We don’t, and never will, but reminders of that principle do not hurt either.

A few months ago, Zach and I needed to make a trip to meet with a client and separately deal with an issue in one of our cases. When I was in Biglaw, both of the firms I worked for had in-house travel agents, and because of the nature of my practice, I got to know the actual agents pretty well. If I had a business trip, all it took was an email or phone call, and everything would be arranged based on my travel profile and preferences. The occasional “can you get me an earlier flight” or “flight cancelled, get me home” situation was often handled seamlessly as well. And while I was never in the “client is paying for it, so it’s first class for me” camp, I also never hesitated while at Biglaw to incur additional travel cost when there was a compelling business reason for it.

So if it cost a bit more to take a flight at a certain time of day, so be it — especially if flying at those times would make me more productive, i.e., capable of generating billable hours. Or if an upgrade that would allow me to get some much-needed rest was available for a moderate cost, I would take it. But I could not stomach employing some well-worn Biglaw travel tricks, such as always booking refundable full-fare tickets in coach to pretty much guarantee an upgrade. As the years went by, of course, increased client focus on expenses cut out some of the marginally abusive practices. It is hard to worry about securing an upgrade — when you are trying to get the client to pay for the trip in the first place.

Things are different now that I have my own boutique firm….

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Justice Scalia: get off his lawn!

What is going on with the distinguished members of the Supreme Court of the United States? One of the justices recently got caught shopping at Costco.[1] Another just confessed to riding the bus — no, not the Metro, the bus.

Earlier this week, Justice Scalia dissented from the Court’s denial of certiorari in a very interesting Establishment Clause case, Elmbrook School District v. Doe. His dissent garnered media attention for the way he curmudgeonly railed against rock music (and got in a dig at Stravinsky).

But what jumped out at me was a different line in the opinion….

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Like a GM automobile, claims against the company arising from its faulty ignition switches might unexpectedly stop working.

While GM is talking a big game about compensating those who suffered damages due to the company’s defective cars, GM’s definition of “damages” is cleverly designed to save the company billions.

As you might remember, GM filed for bankruptcy about five years ago. “Old GM” sold all of its valuable assets to “New GM” — which was a federally backed company. All of Old GM’s bad assets and liabilities were handled through the chapter 11 bankruptcy process. In simplified terms, that means that anybody who had a beef with Old GM needed to settle their business with the company in 2009.

That’s bad news for some people who bought faulty GM cars.

Continue Reading on Above the Law Redline…

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