You don’t want to make Katy Perry your enemy, because her lawyers will come at you like a dark horse. Check out the UPDATE: we’ve got the response to the C&D letter.
It has long been the case in Hong Kong that most UK law firms and a very small minority of US law firms have three month notice periods for their US associates built into their employment contracts. But until about 18 months ago it was not common for any firm to enforce a three month notice period when a US associate left solo[…]
* Another benchmark in the Ninth Circuit’s ongoing war against prosecutorial misconduct: a panel of judges — Kozinski, Wardlaw, and Fletcher — suggest trying prosecutors for perjury. [New York Observer]
* Lawyer and blogger Eric Turkewitz finds himself in the New York Post’s Page Six gossip column. Just what was he doing with Selena Gomez while Justin Bieber wasn’t looking? [New York Personal Injury Attorney Blog]
* Kristine Sperling left her position as a senior associate at Latham to start her own organic soap company. And, I’m assuming, an underground fight club. [Good Day Sacramento]
* The 2015 Social Media Subpoena Guide. Everything you need to know about getting all their best cookie recipes off Pinterest. [Associate’s Mind]
* Tom Petty’s lawyers “Won’t Back Down” and now he’s getting royalties for that Sam Smith song. [Consequence of Sound]
* Which law professor rules the Twitterverse? A comprehensive numerical analysis provides the answer. [Ryan Whalen]
* A new, easy to use online version of the Federal Rules of Civil Procedure. If you’re into that kind of thing. [Federal Rules of Civil Procedure]
Stringing together nonsensical bits of pseudo-legalese cannot save you from succumbing to the rules and regulations of the Facebook gods.
* The Thomas M. Cooley Law School is planning to sell one of its academic buildings for an asking price of $8.15 million. Dear Lord, the school will lose some of its library square footage. NOOOOOOOOO! [Lansing State Journal]
* Contrary to his client’s hit anthem, Pharrell’s lawyer isn’t happy. He says YouTube has been “blithely” ignoring his requests to take down music for which it lacks performance rights, and it may result in a $1B lawsuit. [Hollywood Reporter]
* Clifford Sloan, the State Department’s special envoy on Guantánamo Bay, appointed in 2013 to help shut down the detention center, is returning to the loving arms of Skadden’s partnership on January 1, 2015. Gitmo is still open. Oops. [Am Law Daily]
* After 30 years, the Food and Drug Administration decided to lift its lifetime ban on blood donation for gay men. Now gay men just have to abstain from doing gay things for a year — like having sex with other men — to donate blood. Yay? [WSJ Law Blog]
* If you’ve been wondering what the most ridiculous lawsuits of 2014 are, we’ve got you covered. These are the top 10 most absurd cases filed over the course of the past year. You may remember some of these from our coverage. [Faces of Lawsuit Abuse]
* New Jersey’s new tort liability ruling is an important first step to a real-life Hunger Games. [The Legal Blitz]
* A holiday shopping guide to beer and wine involved in intellectual property disputes. Clever. [Trademark and Copyright Law Blog]
* “There’s an app for that!” Lawyers create “Driving While Black” app for your smartphone. [The Oregonian]
* Speaking of Oregon, the University of Oregon is in the midst of a teaching strike that not only impacts its football team, but caused an immigration law issue when statements the school made were interpreted as threats to the immigration status of foreign teachers if they joined the strike. [Daily Nous]
* According to Dean LeDuc, Thomas M. Cooley Law is sad that it failed to sell the Mason Temple building in downtown Lansing to the state senate. Except there’s not really any mention that the state senate was ever interested. Perhaps their interest was reported by the same people behind the Cooley Rankings. [Lansing City Pulse]
* New OSHA rules a-comin’. [Lawyers, Guns & Money]
Now the case is back before the appeals court as the Authors Guild is insisting loudly that it’s not fair use.
The cases of two magicians who used the legal system to try to take their secrets to the grave.
My father is a military man. Accordingly, all things in life, from mundane trips to the grocery store to complex life decisions like planning for and choosing a college, was subject to careful, deliberate planning. Digesting evidence and facts was a far better road than the proverbial “crossing of fingers” and trusting that “it will all work out for the best.” Former NYC mayor Rudolph Guiliani said it best when he announced that “Hope is not a strategy.”
I was reminded of this adage when reading a few industry reports compiling data points about corporate legal departments and the ever –increasing complexity of the regulatory environment. Here are some shockers:
Another near universal certainty is that Marvel will totally freak out whenever it gets the slightest inkling that its intellectual property is threatened.
* Eric Holder gave millions to Nazis! Or at least that’s how Darrell Issa will put it. But seriously, the Department of Justice has a long-standing policy of allowing Nazi war criminals to collect Social Security payments if they agree to get the hell out of the U.S. [Associated Press via New Europe]
* A Cleveland attorney, Peter Pattakos, is not worried about contracting Ebola, even though he was in a room with a current Ebola patient, because Pattakos is neither a crazy person nor a cable news producer and realizes that he never exchanged bodily fluids with the patient. As he points out, “I’m much more likely to be mistakenly killed by a police officer in this country than to be killed by Ebola, even if you were in the same bridal shop.” [Cleveland.com]
* Chanel is suing What About Yves for trademark infringement. The question Professor Colman asks is whether “we really want a trademark ‘protection’ regime in which mark ‘owners’ can prevent creative, non-confusing uses of ‘their property.’” [Law of Fashion]
* One for the career alternatives file: Miami lawyer who ranks local restaurants opens his own restaurant. At ATL we rank law schools, maybe we should open our own law school. [Southern District of Florida Blog]
* Academic publishers fighting the war on common sense by charging an arm and a leg for access to research that is written and peer reviewed by other people for free scored a victory on Friday when the Eleventh Circuit rejected the lower court’s articulation of educational fair use in the digital age. [The Chronicle of Higher Education]
* Balancing parenthood and the “jealous mistress” that is the practice of law. [Jed Cain]
* An amazing symposium on campaign finance reform from the NYU Law Review and the Brennan Center for Justice. It’s a wealth of content. [NYU Law Review]
* Josh Gilliland from The Legal Geeks gave a presentation on Agents of S.H.I.E.L.D. and the Law at the San Diego Comic Fest, which sounds much more fun than any “and the Law” class I ever took. He’s provided his slideshow presentation…
Not surprisingly, the court soundly rejected this particular interpretation of copyright law….
You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from his phone and posted online. You start thinking not if, but when, shareholders will discover this embarrassment, how much it will cost the company and what legal action to take.
* Justice Sotomayor would like to remind you that just because you’ve been to one Indian casino, that doesn’t mean all Native Americans are fantastically wealthy. [KGOU]
* Nor is every Native American cured by this news, but this is certainly a start — the Department of the Interior will sign a $554 million settlement in the breach of trust case brought by the Navajo nation. [Buckley Sandler LLP]
* A Peruvian woman has sued Disney for $250 million because she alleges that Frozen is a rip-off of her life story. Because she has magic ice powers? I guess. Actually, it looks like the only connection is that she lived in a cold place and had a sister. This reminds me of my lawsuit against Chuck Palahniuk for basing Fight Club on my life story. Not that I ran anarchic underground fight clubs, but because one-time at camp I made a bar of soap. [Bustle]
* Law professor goes after revenge porn and patent trolls because he’s trying to win the title of best person ever. [Brooklyn Paper]
* Harold Hamm, Continental Resources’ Chairman and CEO — and former energy adviser to Mitt Romney — is staring down the barrel of a massive divorce settlement. So he takes a page from Romney’s adversary. Hamm is arguing that his fortune… he didn’t build that! He was just the beneficiary of a good market rather than a contributing factor so he doesn’t have to share. [Upstream Online]
* The CAC launches a new series on the Roberts Court at 10. It’s hard to believe how long ago that was. When the Chief Justice took over we still thought the ending of Lost was going to make sense! [Constitutional Accountability Center]
* Winston & Strawn lawyer turned famous LEGO artist Nathan Sawaya opened a new show in London. Sculptures made of thousands and thousands of hand-assembled bricks. Just in case you were wondering if there was a task more boring than document review. [Yahoo! Canada News]
* Paul Clement and Mike Carvin offer a SCOTUS preview. [Heritage Foundation]
A piece of history has been found, except it still hasn’t been made available, perhaps because of the NFL’s standard “we own everything” policy.
* Tommy Boggs, the name behind Squire Patton Boggs, has died at the age of 73. [On Politics / USAToday]
* As you read all the over-the-top awful details from the Rep. Mark Sanford divorce hearing, remember there was a day not too long ago that he was considered a serious presidential contender. [Wonkette]
* In his deposition, Robin Thicke says he was too drunk and high to write that rapey song about getting women drunk and high. [Music Times]
* Stymied in his bid to become Assistant Attorney General for Civil Rights, Debo Adegbile will have to settle for becoming a partner at WilmerHale. [Law Blog / Wall Street Journal]
* Legal and public health problems of the wireless age. [Consumer Law & Policy Blog]
* The second in a series on Charlotte Law School by a former professor. The first addressed the school’s treatment of faculty and staff. This one talks about the school’s treatment of students. [Outside the Law School Scam]
* If you’re a law student in the New York area, Marino Bar Review is hosting an open bar tomorrow. Check it out. [Above the Law]
* David Letterman and CBS got smacked with the latest internship class action. To think, poor Paul Shaffer’s been working for free all those years. [Deadline]
* Class action could be on the horizon over high-frequency trading. [Wall Street Journal]
* Frankly, I don’t know what the problem is. [Washington Post]
* You may have been following the story of Justice Ginsburg’s officiating a wedding in New York this weekend. Well, if so, here’s the Times write-up. [New York Times]
* The federal courts are looking at tightening the word limits on appellate briefs. How do you feel about this move? I’m with the author that “The number of cases where attorneys think they need a word extension is greater than the number of cases that actually warrant one.” [New Mexico Appellate Law Blog]
* Scott Brown, formerly of both Massachusetts and the Senate, is threatening to sue Harvard’s Larry Lessig after Lessig labeled the Nixon Peabody “advisor on governmental affairs” a “lobbyist.” Lessig asks if the campaign preferred he write the more technical, “sold his influence to a DC lobbying firm.” Ha. [Time]
* Fordham professor Susan Scafidi, founder of the Fashion Law Institute and designer Narciso Rodriguez make the case for strong legal protection for fashion designs. [Room for Debate / New York Times]
* On Friday, Keith Lee wrote about a lawyer who billed a client for sanctions. We’ve written before about lawyers billing for the time spent boning their clients. A law professor who teaches professional responsibility asks: “Is billing for sanctions better or worse than billing for sex. I say sanctions. Can we have a survey on this?” Of course you can. Poll after the jump….