(More information on the suit, and why Trump is likely to lose, after the jump.)
(More information on the suit, and why Trump is likely to lose, after the jump.)
* Is this contract for sex based on Facebook likes enforceable? [Gawker]
* Speaking of unenforceable contracts, what in the hell does Bilbo sign before his unexpectedly long journey? [Wired]
* And Jesus, you certainly can’t barter legal services for sex! I think everybody needs to go home and read the Second Restatement. [Indianapolis Star]
* Now you can hear for yourself the three words that Clarence Thomas spoke. It’s at the 41-minute mark. [The Supreme Court]
* Ms. JD is offering lawyers and law students the chance to submit questions to ABA President Laurel Bellows that will be answered at an event on January 31 (with viewing parties around the country). [Ms. JD]
* How to answer a question when an interviewer asks you something that you don’t have to answer. [Lawyers.com]
* Litigation can be a good excuse to get your client to do things they should have been doing all along. [What About Clients?]
* North Carolina dean claims she was forced to underreport sexual assaults at the college. When reached for comment, the Duke Lacrosse team said, “We kind of have the opposite problem.” [Salon]
* They should teach “defending strippers” in law school. I feel like people could have a thriving practice just representing strippers against the various perils in their lives. [The Smoking Gun]
* And of course, that class should be taught by Marc Randazza. [The Legal Satyricon]
* Bill Maher v. Donald Trump. Offer v. Consideration. Comedian v. D-bag. This will make for a fun issue spotter for any spring term contracts classes. [Josh Blackman's Blog]
* Can you prove that a getting a legal aid lawyer actually helps? Are you sure? [Boston Globe]
* Birthers are now coming after Chief Justice Roberts. You know what they’re not coming after? Book learning! (zing) [Huffington Post]
* Here’s a formal job application, I think, to be the new Clerk of the Supreme Court. [Prawfsblawg]
* In the state of nature, this is how pizza places were kept down to the level of the rest of us. [Legal Juice]
As a law blog, we write about beauty queens far more than you’d expect, but that’s only because so many of them have gone to law school (DaNae Couch, Texas Tech law student recently crowned as Miss Texas; Adrielle Churchill, Arkansas law student crowned as Miss Arkansas in 2010), enrolled in LL.M. programs (Vasuki Sunkavalli, crowned as Miss India in 2011), or gotten themselves into some serious legal hot water (like Kumari Fulbright, Arizona law student and convicted felon).
Today, we bring you the story of Sheena Monnin, the former holder of the Miss Pennsylvania title. Monnin never went to law school, but she recently had the (dis)pleasure of being schooled in the law by none other than Donald Trump after making some scandalous remarks about the Miss USA pageant on her Facebook page (e.g., that the competition was “fraudulent” and “trashy”). Monnin’s no Miss Congeniality, that’s for sure.
As can be expected, this Janice Dickinson look-alike knew that she wasn’t going to have a very merry Christmas when she found out that she owed The Donald $5 million….
I often tell the story of my first assignment as a summer associate, to draft a one-page complaint. Two hours later, the assigning partner checked on me and saw that I was still stuck trying to get the index box to align. Shaking his head, he showed me the magic of the firm document library, and the “secret” of cutting and pasting necessary language. Chastened beyond belief, I vowed to avoid reinventing the well-worn wheels of documents. However, once in a while, reinvention becomes a necessity, as the “same old same old” becomes vestigial, and if you cannot coherently answer “why” you are utilizing some form or other, maybe it is time to examine the wheel treads for wear.
Look at the following indemnity clause and decide for yourself how many changes you might make:
[***] at its expense, will defend indemnify, and hold harmless Customer, its parent, subsidiaries, affiliates and their respective members, partners, shareholders, employees, officers, directors, managers, agents and representatives against any and all claims, damages, liabilities, losses, actions, government proceedings and costs and expenses, including reasonable attorneys’ fees and disbursements and court costs (collectively, “Losses”) arising out of, resulting from or relating to [***].
I would remove “hold harmless” and “shareholders,” and limit “any and all claims” to “any and all third party claims”; let me tell you why….
* Kagan, J., benchslapping. [Josh Blackman's Blog]
* I think I’d get this if I understood gymnastics. [Associate's Mind]
* Our annual Law Revue Video Contest is still a few months away, but if you like making legally themed videos, keep an eye on this contest (more details forthcoming, including info on the prizes). [Federal Bar Association]
* Speaking of contests, we welcome your votes in the ABA Journal’s Blawg 100 (under “News/Analysis”). [ABA Journal]
* And speaking of Above the Law, the deadline for applying for our writer/editor position and our internship is tomorrow — so act now if interested! [Above the Law]
* When it comes to the art of law firm valuation, you may be surprised when you find out which Biglaw firm is worth the most. Here are a few hints: it’s not Baker & McKenzie, and it’s not DLA Piper or Skadden, either. [American Lawyer]
* Remember back in July when this Judge of the Day was busy clicking on hardcore porn sites while in chambers? As it turns out, now he’s busy crying in court while battling to keep his judicial career intact. [Chicago Sun-Times]
* Evening students are capable of doing more than ruining your class rank. Jacob Lew, once a night student at Georgetown Law, is now the White House chief of staff assisting with fiscal cliff negotiations. [New York Times]
* For now, the only thing that’s keeping Florida from gaining another law school is a lack of square footage in the real estate rodeo. But that’s probably a good thing, because adding a twelfth law school would be more than a little ridiculous. [Daytona Beach News-Journal]
* Samsung’s trying to get out of paying $1.05B to Apple, and their lawyers are trying to pin knowledge of the jury foreman’s misrepresentations on their technological nemesis to get the verdict thrown out. [Bloomberg]
* Shakira’s hips don’t lie, but her contracts allegedly do. The sexy singer’s ex-business partner (who’s also her ex-boyfriend) is suing her for $100M to “recover his share of past and future partnership profits.” [Billboard]
* “[L]awyers aren’t trained as accountants,” but Gibson Dunn, Freshfields, Drinker Biddle, and Skadden may have some splainin’ to do when it comes to Hewlett-Packard’s M&A blowout with Autonomy. [WSJ Law Blog]
* Looks like it’s time for some holiday musical chairs: Dorsey & Whitney’s managing partner Marianne Short will be leaving the firm at year’s end to join UnitedHealth as its chief legal officer. [Twin Cities Business]
* The court-ordered mediation between Hostess and the bakers’ union broke down last night. If Judge Drain approves the company’s liquidation plan, the Twinkie may disappear from whence it came. [Reuters]
* Remember the students from Texas Southern who sued because their contracts prof allegedly “curve[d] them out of the class”? Yeah, that got dismissed faster than you can say R2K §90. [National Law Journal]
* You shall not pass — or use Lord of the Rings characters in online gambling games! J.R.R. Tolkien’s estate is suing Warner Brothers for $80M over improper licensing of the late author’s characters. [Bloomberg]
* Please don’t tickle me, Elmo. One week after an accuser recanted his allegations against puppeteer Kevin Clash, another one filed suit over an underage sexual relationship. [Media Decoder / New York Times]
* There’s nothing like some man-on-man sexual harassment to get you going in the morning. Sparks Steak House paid $600K to settle charges lodged by 22 male servers over an eight year period. [Corporate Counsel]
* Seems like this pulchritudinous plaintiff’s contract case is still kicking, and Emel Dilek testified that sleeping with the boss was “absolutely not” one of her roles during her time at Mercedes-Benz. [New York Post]
* Lululemon and Calvin Klein have settled their patent spat over elastic waistbands on yoga pants. Here’s hoping the Canadian yoga-wear company turned this lemon of a lawsuit into lemonade. [Businessweek]
* What do divorcées do in their spare time? They go to Florida’s $350M courthouse to spray paint it with broken hearts and notes for the judge who presided over their proceedings. [Riptide 2.0 / Miami New Times]
* So you want to be the next top legal scholar? Step 1: find some better friends. [lawprofblawg]
* Clean your room! Otherwise you might not get into Harvard Law School. Seriously. [Greedy Associates / FindLaw]
* What’s the absolute worst-case bank-robbery scenario, from the robber’s perspective? The teller who says, “Oh hello, Ms. Robinson. Would you like to make a deposit today?” [Consumerist]
* Apple unveiled a new mini-iSomethingOrOther today. I wonder who they’re gonna sue next? [Bits / New York Times]
* Back in the day, David beat Goliath with a slingshot. In modern times, underdogs use Twitter. [IT-Lex]
* I hated Moby Dick, but historical legal and literary documents are always cool. [Lowering the Bar]
* If you’re planning on attending a law school — or heck, law firm — Halloween party, here are some costume dos and don’ts. [Legal Blog Watch]
It is time to get the real refs [back].
– GOP vice presidential nominee Paul Ryan, commenting on the unfortunate NFL replacement referee situation. Luckily, with the assistance of Proskauer Rose and Arnold Newbold Winter & Jackson, the NFL and the referees’ union were able to reach an agreement to end the lockout.