How much for a “disease domain”?
Today’s Lawyerly Lairs column is about a Skadden associate’s search for a home (other than 4 Times Square, where he surely spends most of his waking hours). The firm requires sacrifices of its lawyers, but it also offers rich rewards, including generous pay and ample prestige. There’s a reason that Skadden is a top 10 firm in our new law firm rankings.
Working at Skadden gives you the ability to buy a Manhattan apartment while you’re still in your early 30s. The home we’re about to view is not a lavish lawyerly lair, but it’s a perfectly respectable starter apartment.
Let’s have a peek, shall we?
Now that Bingham McCutchen appears to have found a savior, talk is turning to other firms that have experienced a lot of recent partner attrition. One such firm is Dickstein Shapiro, which lost the most partners to lateral moves in 2013 and has continued to shrink over the course of 2014.
Today brings word of more Dickstein departures. Who are the latest lawyers to leave?
In the mists of the ancient past, the American legal profession agreed to cede responsibility for developing a consistent citation method to the most anal-retentive of law school gunners determined to lord their mastery of unnecessary commas over people. Ultimately, the whole thing is an exercise in hazing law students. Torturing students over questions of underlining or italics is kind of a lame hazing ritual, but long gone are the days when a young Louis Brandeis was dared by ne’er-do-well Harvard 3Ls to head down to the local theater and yell “Fire!”
But the Bluebook is also a cash cow because every lawyer needs to own a copy that they’ll promptly ignore because in the real world, everyone blindly trusts their online research database to get it right and barring that, no one much cares about the minutiae of the Bluebook as long as everyone can easily find the source. Besides, you can get close enough for government work with the outdated ratty copy you were issued in law school. Very few judges are going to flip out if you signal “See” where you could just insert the cite.
Now that cash cow is in jeopardy, because one law professor thinks he can get everyone a free copy of the Stickler’s Bible. How, you ask?
Ed note: This post originally appeared on CommLawBlog.
Petition against a broadcast license renewal cites offensive nature of “Redskins” name as basis for denial. Should the FCC really be involved with this?
For years there’s been a steady drumbeat for the owners of the Washington, D.C. National Football League team to change the team’s name to something other than “the Redskins”. The contention is that the word “Redskins” is – in the eyes of both American Indians and non-Indians – an offensive ethnic slur. (In response, the team — which has used that name for more than 80 years – says that it’s a tribute to American Indians’ strength and courage, i.e., the antithesis of a slur.)
- Bankruptcy, Biglaw, Intellectual Property, Labor / Employment, Litigators, Rankings, Reader Polls, Tax Law
Sometimes, the internet seems to exist largely in order to rate things. User-generated and unverified reviews of everything from movies to cars abound. The thing with this proliferation of ratings, be they on Yelp, or Amazon, or whatever, is that we usually don’t have any idea whether or not the reviewer has any basis for his rating. (In fact, the spoof product review has become its own literary micro-genre.)
Spurious or baseless ratings are not a problem when it comes to ATL’s Insider Survey (17,300 responses and counting — thanks everyone!), in which practicing attorneys and current students evaluate their own schools or employers. Among other things, our survey asks attorneys to nominate firms with over- and underrated practices within the respondent’s own practice specialty. Litigators nominate litigation departments, etc.
Which firms do those in-the-know consider to be better (or weaker) than their reputations?
A time-sensitive matter comes in. An experienced hand is needed to help. Where to look for that help? In Biglaw, the answer is usually an easy one: call up Partner No. 37 in distinguished branch office No. 6, and keep the billable hours rolling — with a happy nod towards a successful “cross-sell,” and instant validation of the underlying “size is good” concept behind so many of today’s firms. But is Partner No. 37 really the best lawyer to help out? Hard to believe that the answer is “yes” more often than not. Because Biglaw firms are constructed the way they are, however, there is a premium on making sure that existing firm resources are utilized as much as possible.
At the same time, we know the legal industry is struggling to cope with demand fluctuations, or all too often a lack of demand for expensive legal services. In the current environment, it is not a surprise to see Biglaw firms contorting themselves to reach optimal size, whether through mergers, layoffs, or lateral growth. Despite their efforts, there are very few firms that are optimally size-calibrated in relation to the demand for their services. For those firms fortunate enough to experience the occasional demand spike, retaining the ability to be nimble on staffing can mean the difference between a satisfied client or one who looks elsewhere “next time there is a big need.” Firms want repeat business, and being able to incorporate experienced additional lawyers — within the budget for a particular matter — onto the legal team can make a real difference in whether or not that repeat business happens.
But where else can firms (of all sizes) go for experienced help on short notice?
Cease-and-desist letters are usually useful legal tools to help combat the appropriation of intellectual property, but sometimes lawyers are a little too quick to send them out.
Take, for example, a recent C&D letter Instagram’s legal department sent to a website owner who was supposedly infringing upon the photo-sharing service’s trademark with his registration of the “slutsofinstagram.com” domain name.
You can’t blame Instagram for not wanting its mark to be associated with a website purporting to depict the “Sluts of Instagram,” but as it turns out, the offending website doesn’t have any sluts at all…
California Court of Appeal Rules Models’ Right of Publicity Claims Assignable, Not Preempted by Copyright ActBy Ambika Kumar Doran & Karen Henry
The California Court of Appeal held earlier this month that certain right of publicity claims are freely assignable, and that the Copyright Act does not preempt a right of publicity claim where the defendant has no legal right to publish the copyrighted work. The decision, Timed Out v. Youabian, 2014 Cal. App. LEXIS 830 (Cal. App. Ct. Sept. 12, 2014), will encourage right of publicity lawsuits and increase the costs associated with rights clearances.