* In an unprecedented move, Health Secretary Kathleen Sebelius has overruled the FDA. Looks like the Obama administration thinks that Plan B will turn little girls into promiscuous prosti-tots. [Wall Street Journal]
* Due to this ruling, Occupy Boston protesters will probably have to STFU and GTFO. Bring out the brooms, because this will be the only sweep that Red Sox Nation gets to see for a while. [Bloomberg]
* Lovely Hooters ladies in California will no longer have to pay for their uniforms thanks to this class action settlement. Stay tuned for smaller, tighter uniforms in light of budgetary constraints. [KCRA 3]
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….
Last week, more than a dozen high-profile mass torts attorneys lost a San Francisco jury trial against a small technology company. The jury decided the attorneys had illegally breached a document review contract during the high-profile Chinese drywall class-action litigation.
On September 19, the 14 defendants in Cataphora Inc. v Parker were ordered to pay $317,113 to the technology company in lost profits, plus attorneys’ fees.
“These guys are the worst of hypocrites that you can possibly find,” said Roger Chadderdon, technology counsel at Cataphora. “They claim to be trying to help the little guy, but what they’re doing is trying to put more money in their own pockets. Everybody knows that, but this is a case that illustrates it beyond what I have ever seen.”
Clearly, tempers are still running hot. We’ve got more from both sides of the dispute, and a quick refresher on Chinese drywall, after the jump….
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
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: firstname.lastname@example.org.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
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.