Copyright
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Copyright, Federal Judges
Monkey See, Monkey Do? Not When It Comes To Copyright Law
Enough of this monkey business! -
Morning Docket
Morning Docket: 12.30.15
* According to the Law Firm Group of Citi Private Bank’s year-end predictions for the legal profession, profit growth for this year and next is once again going to be anemic. This is the “new reality for the foreseeable future.” [WSJ Law Blog]
* “[T]hese guerilla marketers believe they are above the law.” Uh-oh! What has The Biebs done now? Pop star Justin Bieber has pissed off the San Francisco, California, legal community with sidewalk graffiti ads promoting his new album. [San Francisco Chronicle]
* If you thought that the highest ranked law school in Virginia would’ve fared the best on the state’s July 2015 administration of the bar exam, you’d be wrong. With a 93 percent passage rate, congratulations to Jerry Falwell’s finest at Liberty Law! [One News Now]
* Ay dios mio! Escándalo! In a recently filed lawsuit, a former faculty member at Amherst College claims that teaching assistants in her department were encouraged to “prostitute themselves” to increase enrollment in Spanish classes. [Washington Post]
* “Soft kitty, warm kitty, little ball of fur…” The ear worm lullaby featured on The Big Bang Theory is now at the center of a copyright dispute, and it seems like this kitty could actually win. Showrunners probably wish they left this one in the litter box. [USA Today]
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Morning Docket
Morning Docket: 12.29.15
* Everyone was under the impression that Dickstein Shapiro and Bryan Cave would be tying the knot by the year’s end, but instead, it looks like their brief love affair has turned into a bad romance. Oh no! Will Dickstein Shapiro be left at the altar? [Big Law Business / Bloomberg BNA]
* “The idea they own the name ‘blue’ for a manual for legal citations is ridiculous.” A rival citation guide to The Bluebook will be released in 2016, using the name “BabyBlue.” Since a Biglaw IP attorney is involved in the copyright clash, this is already more exciting than techciting. [WSJ Law Blog]
* Ethan Couch, the Texas teen who was too rich to realize his actions had consequences, was apparently also too rich to realize he shouldn’t hide out in a ritzy vacation locale in Mexico while on the run from police with his mother. Damn you, affluenza! [CNN]
* If you’re looking for a law firm where you can take time off whenever you want and still earn a healthy paycheck, then look no further than Ashton KCJ Lawyers in England. That’s a perk we’re sure attorneys in the U.S. would love their firms to adopt. [Mirror]
* Annie, get your gun: Gun-toting Texans are going to have a very happy new year, because come January 1, 2016, the state’s new open carry law will go into effect. The open carrying of handguns had previously been banned in the state since 1865. [RT]
* Jeffrey Feulner, founder of the Men’s Divorce Law Firm, was charged with domestic violence battery after he allegedly attacked his wife. She filed for divorce three days later — and presumably used a more woman-friendly lawyer as counsel. [Orlando Sentinel]
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Tort Reform
Top 10 Frivolous Lawsuits List Is... Frivolous, But Funny
The top frivolous suits of the year may be a dumb list, but some of these cases are pretty funny. -
Non-Sequiturs
Non-Sequiturs: 12.22.15
* If you need a reminder as to why it is essential to fight for access to abortions and reproductive freedom generally, read this. [Slate]
* Is Madonna using the “fair use” doctrine to avoid paying artists whose work she uses? [DIY Photography]
* Bigger isn’t always better: how Cooley Law School is hurting legal educational standards. [Lawyers, Guns and Money]
* Want a surefire way to NOT get out of educational debt anytime soon? Go to law school. [Wall Street Journal]
* You need to know your rights vis-a-vis airlines. Because the government isn’t going to fine them much anymore. [Huffington Post]
* Virginia is going to stop recognizing conceal carry permits from 25 states. [Washington Post]
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Technology
Are You Ready To Binge Watch Star Wars? Make Sure You Don't Break The Law
Copyright law may ruin your Star Wars viewing party. -
Technology
Disney Sending Out DMCA Notices Over Pictures Fans Took Of Their Legally Purchased Star Wars Toy
Star Wars mania means frivolous intellectual property claims. -
Morning Docket
Morning Docket: 12.10.15
* Robert Lewis Dear, the man accused in the Colorado Planned Parenthood shooting, had this outburst during a hearing yesterday: “I am guilty, there will be no trial. I am a warrior for the babies. You’ll never know the amount of blood I saw in that place.” [CBS Denver]
* The American Bar Association has approved the merger between William Mitchell Law and Hamline Law to form Mitchell|Hamline Law. Since law school mergers now seem to be a viable option, struggling schools may be able to find a way to survive instead of closing. [Pioneer Press]
* In yesterday’s affirmative action duel at the Supreme Court, Bert Rein of Wiley Rein and Gregory Garre of Latham & Watkins faced off for the second time in Fisher v. University of Texas: The Reckoning. Will SCOTUS kill AA this time? [WSJ Law Blog]
* According to the Rhode Island Commission on Judicial Tenure and Discipline, Judge Rafael A. Ovalles brought his office into disrepute after sexually harassing a female court clerk and sitting in chambers with his hand in his underwear. [Providence Journal]
* A settlement in the “Happy Birthday to You” copyright case has thrust the song into the public domain where it belongs. Now employees at chain restaurants across the country won’t have to sing cheesy soundalike songs to birthday diners anymore. [Reuters]
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Morning Docket
Morning Docket: 11.20.15
* Jared Fogle, Subway’s former spokesman, pleaded guilty to federal charges related to sex with minors and child pornography, and was sentenced to more than 15 years in prison. His creative defense? Losing weight on the Subway diet made him choose to erm… “eat fresh.” Yuck. [Washington Post]
* Biglaw firms have been announcing their new partnership classes over the past few weeks, and it goes without saying that the vast majority of new partners attended highly ranked law schools. Take a wild guess at which school was the most represented. [Big Law Business / Bloomberg BNA]
* Per the latest report from the NALP, women and African-Americans continue to falter in their career progress at Biglaw firms. James Leipold says it’s “troubling” that the numbers are “reversing course.” We couldn’t agree more. [DealBook / New York Times]
* UnitedHealth recently announced that it expects to suffer in terms of its insurance sales under the Affordable Care Act, and has gone so far as to threaten that it may pull out of the exchange. Here are five things you need to know about that. [WSJ Law Blog]
* One of the members of Survivor filed a copyright infringement suit against Mike Huckabee’s presidential campaign after the song “Eye of the Tiger” was played during a rally held for Kentucky clerk Kim Davis. Now it’s stuck in your head. Welcome! [Reuters]
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Copyright, Federal Judges
Respect -- This Federal Judge Knows Her Taylor Swift Lyrics
This judge isn't some vacuous fangirl; she's quoting the lyrics for a reason. -
9th Circuit, Animal Law, Quote of the Day
The Introduction To A Motion That You Really Must Read
Insert Ninth Circuit joke here. -
Technology
How The Redskins' Delightfully Vulgar Court Filing Won Me Over
Washington's battle to keep its trademarked racist name took a wonderfully offensive turn. -
Non-Sequiturs
Non-Sequiturs: 11.03.15
* Weed legalization seems like a good idea on paper, but this probably isn’t the way to do it. Unless you’re a fan of cartels and Nick Lachey. Yes, that Nick Lachey. [Gawker]
* Is there a legal controversy brewing surrounding Demi Lovato’s new album? In related news: there’s a new Demi Lovato album coming out. [Entertainment Weekly]
* Which legal TV show is law firm life really like? [Daily Lawyer Tips]
* Ralph Nader? In the tank for creditors? Say it ain’t so. [Lawyers, Guns & Money]
* Practical advice for laid off lawyers — don’t get fooled by the “advice industry.” [Law and More]
* Are we looking at the future of legal advertising? [AZA Law]
* It’s time to start thinking about what to put into your holiday cards. [Attorney at Work]
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Morning Docket
Morning Docket: 10.22.15
* Brush that dirt off your shoulder: Jay-Z may have 99 problems, but this copyright lawsuit about his song “Big Pimpin'” is no longer one of them. The suit filed against the rap mogul in 2007 was dismissed on standing grounds, but the plaintiff says he plans to appeal. [Los Angeles Times]
* When it comes to the death penalty, Justice Antonin Scalia says that it “wouldn’t surprise [him]” if the Supreme Court were to strike it down as unconstitutional. It seems that a capital punishment case could become the next SCOTUS blockbuster. [CBS Minnesota]
* No one is a fan of the Securities and Exchange Commission’s in-house court system, and legislation to give financial defendants the right to opt out will be introduced in Congress later this week. Would you rather face trial before a federal judge or jury? [WSJ Law Blog]
* Earlier this week, a state-court judge brought a live grenade to the courthouse, but only because he wanted to have it properly disposed of by police. The jurist currently remains unidentified, which is a good thing, because this is pretty embarrassing. [CBS Los Angeles]
* Jurors in New York are paid $40 per day for their service, so you may be wondering how the confused members of the jury in the Dewey & LeBoeuf (mis)trial were able to survive on only $2,920 after five months spent in the courtroom. [Big Law Business / Bloomberg]
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Morning Docket
Morning Docket: 10.09.15
* Bob McCulloch, the prosecutor who handled (mishandled?) the Michael Brown / Darren Wilson case in Ferguson, Missouri, was recently named as “Prosecutor of the Year” by the Missouri Association of Prosecuting Attorneys. This probably wasn’t a good idea. [Slate]
* American Apparel filed for bankruptcy, and rather than Biglaw firms representing the embattled clothier, they’re trying to snatch up fees. Skadden, White & Case, and Paul Hastings are each owed quite the pretty penny. [Big Law Business / Bloomberg]
* Which law school dean was just named as senior counsel at Dentons, the largest law firm in the world? That would be Nicholas Allard of Brooklyn Law School. Perhaps this law dean’s academic cash flow wasn’t all that it was cracked up to be. [Brooklyn Daily Eagle]
* “Unless the industry cleans itself up, we can expect more lawsuits like this in the future.” In an interesting turn of events, the marijuana industry is now seeing its first product liability suit. A protip for growers: No one wants to smoke fungicide. [Los Angeles Times]
* Just when you thought patent trolls couldn’t get any worse, they started to harass members of the fashion industry. Copyright trolls (i.e., Stephen Doniger and Scott Alan Burroughs) are suing over textile prints left and right, and that’s so last season. [Fortune]
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Public Interest
What’s The Upside When PETA Sues A Wildlife Photographer?
Sometimes it's hard to figure out what public interest a public interest lawyer serves? -
Facebook, Privacy
Stop Posting That Idiotic Facebook Privacy Notice -- It's STILL Meaningless!
We hope you realize that this copyright and privacy notice means the same thing it did when it was posted it in 2012, 2013, 2014, and earlier in 2015: ABSOLUTELY NOTHING. -
Morning Docket
Morning Docket: 09.29.15
* PETA’s general counsel swears his organization isn’t monkeying around when it comes to asserting the IP rights of Naruto the selfie-taking monkey, but he may have to deal with a jungle of jurisdictional issues first. [Motherboard / VICE]
* Mmmm, Dewey smell a mistrial? On the eighth day of deliberations in the criminal trial of D&L’s former leaders, the jurors likely made defense counsels’ hearts skip a beat when they asked the judge for instructions on what to do concerning their undecided colleagues. [WSJ Law Blog]
* Chief Justice John Roberts, who has voted conservatively in 85 percent of the Supreme Court’s most divisive 5-4 decisions, apparently isn’t conservative enough for our conservatives. It’s the damn Affordable Care Act. Thanks, Obama. [New York Times]
* According to the latest Acritas Global Elite Law Firm Brand Index 2015, for the sixth year running, Baker & McKenzie has the most recognizable Biglaw brand in the world. DLA Piper will continue to “churn [those] bill[s], baby!” in second place. [PR Web]
* Take the deal: Ex-House Speaker Dennis Hastert, who’s accused of hiding large sums used as hush money to conceal his prior sexual misconduct, is negotiating a plea deal with prosecutors. If he were convicted at trial, he’d face up to 10 years in prison. [Reuters]
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Cartoons / Comics, Copyright
Ninth Circuit Gives Batmobile The Copyright It Deserves, The One It Needs Right Now
A federal judge uses a cartoon character's famous exclamatory catchphrase to announce the court's unanimous ruling. -
Animal Law, Copyright, Quote of the Day
Could The Ninth Circuit Fall For This Monkey Business?
What to make of this legal theory -- fascinating, or frivolous?