Last week, the tech world caught fire with the newest in an increasingly long list of electronic privacy scandals. Carrier IQ, a small Silicon Valley software company with its product installed on millions of cell phones, made headlines when a young programmer posted a video allegedly showing the software’s ability to log keystrokes and collect other, very personal information from phones.
By the end of last week, the controversy had already sparked an angry letter from democratic Senator Al Franken, two class-action lawsuits, and a flurry of denials and explanations from the software company as well as major mobile phone carriers. We briefly mentioned the story in Friday’s Non-Sequiturs, but it deserves a deeper look.
Is Carrier IQ as bad as it sounds? Good question….
Plaintiffs’ lawyers in class action cases: are they heroes, or villains? Do they make too much in fees, leaving the classes they represent high and dry? Or could it be argued that they make too little for the work that they do?
In August, New York Law School was hit with a class action lawsuit over the school’s allegedly deceptive post-graduate employment data. The suit accused NYLS of fraud, negligent misrepresentation, and deceptive business practices. Now, two months later, NYLS is packing some Biglaw heat and moving to dismiss the complaint.
In a case of David v. Goliath, Jesse Strauss and David Anziska, the small-firm lawyers who brought the suit on behalf of the plaintiffs, are now up against the lawyers at Venable, whose motion to dismiss on behalf of NYLS was accompanied by a cutting 25-page memorandum of law.
But why is the NYLS brief so harsh? Because the school argues that the Gomez-Jimenez suit isn’t about the plaintiffs at all, but instead is part of a “crusade” against the American Bar Association….
Earlier this week, the federal government got some heat for allegedly violating the common man’s electronic privacy by snooping around in email and the like. Today we have a lawsuit from Kentucky accusing a tech company, specifically Facebook, of doing nearly the same thing.
What is going on? It’s almost like there’s no privacy anywhere anymore! (I’m kidding, of course: Privacy completely disappeared years ago.)
The suit, filed by an average Facebook user like you or me (well, most of you are lawyers, so not quite like you), claims a class of 150 million people, and damages of hundreds or thousands of dollars per class member. Exactly what heinous offense has Facebook supposedly committed?
Back in August, we reported that Kurzon Strauss had filed class action lawsuits against Thomas M. Cooley Law School and New York Law School for fraud, negligent misrepresentation, and deceptive business practices. And earlier this week, we started to wonder how those cases would be moving forward, because Kurzon Strauss is apparently no more.
That’s right, the law firm that brought us some of the most prolific class action lawsuits of the year has broken up. Breaking up is hard to do, especially when you’ve got major cases like Gomez-Jimenez v. NYLS and MacDonald v. Cooley Law to deal with.
So, what’s a lawyer to do? Apparently the solution is to file fifteen more class action lawsuits against law schools with questionable post-graduate employment data.
Is your law school or alma mater a defendant? Let’s find out….
Eminem is the Jackie Robinson of rap, not some white guy trying to 'steal' black culture.
During my youth, most of the black people I knew called me an “Oreo.” Not because I liked the cookies. Apparently, I was black on the outside (obviously), but “white on the inside.” It took me a while to figure out why, since politically I don’t think I’ve ever shared a majoritarian view of things. But it turns out that simply by “speaking well,” getting good grades, and insisting on keeping my pants high enough to fully cover my ass, I was “acting white” to certain black kids. The fact that I dance for s**t, can’t hit a jump shot to save my life, and have two parents who spent more time in college than prison surely didn’t help my “street cred.”
Of course, age has taught me that I grew up around a lot of low-expectation-having black kids. Black people with self respect wouldn’t consider childhood-Elie an Oreo. A big freaking dork who should never be invited to a party, perhaps, but not an Oreo.
Now, most black people have had similar upbringings to my own (though, sadly, I’m still the most rhythmically challenged black person I know). Nowadays, my black friends say things like, “Elie, you are the only black person I know who could write a post about the Wire and see yourself as the only white guy on the show.” See, that’s not racist. That’s just funny. That black friend (oh, F-U [Redacted], by the way) wasn’t suggesting that I was an Oreo because of how I acted; he was suggesting it because of who I identified with. That’s fair game.
I bring all of this up because that crucial distinction was totally lost on a Minnesota high school. The school allowed “Wigger Day” to happen on campus, and now it is getting sued.
Yeah, apparently turning a blind eye while your students make fun of an entire culture is something that can get you sued….
The school has filed two documents in response to Alaburda’s complaint. We’ve uploaded their demurrer and their motion to strike. They are not long; you should flip through them.
Thomas Jefferson makes a solid defense of itself. But in the process of trying to quash Alaburda’s lawsuit, the school offers some pretty damning admissions that seem to support Alaburda’s underlying moral, if not legal, point…
Justice Scalia wrote the opinion of the Court, which was joined in its entirety by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito. SCOTUS reversed the Ninth Circuit and held that class action certification should not have been granted in this case, brought on behalf of hundreds of thousands of female Wal-Mart employees who alleged a pattern and practice of pay and promotion discrimination by the giant retailer.
Justice Ginsburg filed an opinion concurring in part and dissenting in part, which was joined by Justices Breyer, Sotomayor, and Kagan. What did RBG have to say?
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.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.