* You can go to jail for possession, but if you actively aid and abet drug cartels, you can walk away with a fine worth 5 weeks of your income. It also helps if instead of “poor” you’re a bank. Hooray for “Too Big To Hold Accountable For Anything!!! [Rolling Stone]
* Disney has gotten fed up with “mockbusters,” films that jack the studio’s logo to confuse people into buying a different DVD. Now if you’ll excuse me, I’ve been itching to check out this new flick September: Osage County. [Jezebel]
* Dahlia Lithwick explains that too many schools feel the cure for the trauma of school shootings is… creating more trauma. [Slate]
* Chief Judge Theodore McKee of the Third Circuit rules that the government can detain you for carrying Arabic flashcards. This doesn’t even make racist profiling sense: “bad guys” would already know how to speak Arabic, right? [The Raw Story]
* Defendants need to understand that getting an acquittal requires them to expend some personal effort, too. [Katz Justice]
We were just talking about the latest efforts to remove termination rights from musicians (and other artists), and a number of termination rights battles are still ongoing. Most of the existing ones are slightly different from the ones we’re talking about — and it gets pretty down in the weeds technically. In short, there are different rules for works created prior to 1978 and those after 1978. Most of the focus is on the termination rights for works created after 1978 — though there are some interesting ongoing battles concerning works created prior to 1978… including that song you just can’t stop hearing this time of year: Santa Claus is Coming to Town.
* Mayor Bloomberg is filing suit to overturn New York’s Living Wage law, because wasting a bunch of money pursuing a lawsuit for the last two weeks of his term is the kind of efficiency he brings to the table as a biznessmun. [DNAInfo]
* Judge Richard Leon puts the NSA metadata surveillance program on ice. Looks like someone’s going to get bugged. [Slate]
* Someone’s asking for a fake college transcript in Baton Rouge. Pretty sure LSU’s athletic department could give you a hand. [Law and More]
* Considering the polygamy ruling in Utah, here’s an interesting analysis of the constitutionality of bestiality laws. This seems like an appropriate place to link this song about a guy who broke into the Lincoln Park zoo in Chicago. [The Volokh Conspiracy]
* Here’s a fun game: replace the name of the school and the course of study and marvel at how easily it could pass for an article Elie wrote. [Huffington Post]
* These folks got smacked with a cybersquatting charge because they used a logical domain name to publicize an ongoing dispute. It’s a lot easier to sue people than to build a solid home. [IT-Lex]
* In sad news, the victim in a recent carjacking-related killing was Dustin Friedland, a Syracuse law grad whose wife Jamie, also a lawyer, worked with Adam Leitman Bailey. Our thoughts are with the Friedland family. [NY Daily News]
* The Beastie Boys are suing GoldieBlox over the latter’s viral ad set to a parody of “Girls.” Unlike GoldieBlox, NYU Law professor Chris Sprigman doesn’t need an elaborate Rube Goldberg machine to burst the Beastie Boys’ bubble. Video embedded after the jump… [Bloomberg Law via YouTube]
* Oh baby (or the lack thereof): the Supreme Court has decided to take on two of the cases asserting religious challenges to the Affordable Care Act’s contraception coverage mandate. [Blog of Legal Times]
* “[H]e has a Rolodex like a Ferris wheel.” Delaware’s Supreme Court Chief Justice is retiring from the bench to join Potter Anderson & Corroon, where that Rolodex will come in handy. [Wall Street Journal]
* Italian prosecutors think Amanda Knox should be convicted of murder (again) and given a 30-year sentence in a retrial she’s not even there for. This kind of sounds like it’d be a double-secret conviction. [CNN]
* With fall finals right around the corner, law students can take comfort in the fact that next week they’ll be soothed by therapy dogs — ones that’ll need therapy after dealing with law students. [WSJ Law Blog]
* If you’re considering applying to law school against all odds, you should determine when the right time to apply would be. Don’t listen to your parents, listen to your gut. [Law Admissions Lowdown / U.S. News]
* If you haven’t heard, the Beastie Boys are having a copyright fight with toymaker GoldieBlox over a parody of the song “Girls” that’s been used in a commercial. Fair use? Decide after the jump. [NBC News]
I’m always amazed when lawyers send clearly bogus DMCA notices. It shouldn’t be hard to figure out that doing so ends badly. I’m doubly surprised, however, when it comes from big companies that should know better. And, I’m quadruple surprised when one of these companies that should know better sends a completely bogus DMCA notice to a company that absolutely understands why the notice is bogus, and is also in a position to make the world know all about a company’s bogus DMCA notice. That’s what we have here. You see, this morning, Office Depot decided to send a DMCA to Reddit.
It would take an heroic effort of explication to derive such a conclusion from their words and informal email exchanges. And to read Phillips’s or Z-Trip’s words to convey a contract to cede Monster such rights would flout common sense. Phillips, a former forestry and ski-industry worker with no evident legal expertise, never raised any such questions with Z-Trip, or reflected any awareness of the copyright interests that Monster would need to acquire or license to bring the promotional Video it contemplated into compliance with copyright law.
– Judge Paul A. Engelmayer, ripping a claim by Monster Energy that it received a license to advertise with a mashup of Beastie Boys songs because the D.J. who created the mashup said “Dope!” As Spin magazine puts it, Monster’s argument was that the aforementioned word “could function as some sort of license-giving, legally binding term. Really.”
* The Second Circuit has remanded the New York Stop and Frisk decision, demanding that a new judge hear the case. Among the reasons: that Judge Shira Scheindlin gave “media interviews and public statements purporting to respond publicly to criticism of the District Court.” So basically, act like a contemptuous prick in the press and when the judge calmly reaffirms her impartiality, get her thrown off the case. Thankfully this will all stop being an issue on about January 1, 2014. [U.S. Courts]
* Attorney networking and referral site wireLawyer gave itself a Halloween makeover. Personally I wouldn’t want a Fett as an attorney — they have a tendency to lose their heads or fall into pits of despair. Screenshot if you check out the site after they’ve moved on to what we can only assume is their All Saints Day makeover. [wireLawyer]
* Joe Biden’s niece appeared in court after she clashed with police last month, “swinging at a female officer then slapping another” before being dragged away in handcuffs all while touting how she “studied law.” This actually sounds more like something Joe Biden’s Onion persona would do. [NY Post]
* Penn Law is sporting pumpkins carved with the likeness of all nine Supreme Court justices. [Under the Button]
* Vivia Chen’s epic fail as a mother on Halloween. We still love you. [The Careerist]
* The House of Representatives has now introduced a use restriction on videos of House hearings to prevent the footage from being used for political purposes. That doesn’t sound all that legal. The Republicans just desperately don’t want people to know what they actually do at “work.” [Patently-O]
* Meanwhile, the Senate GOP is going filibuster on Patricia Millett’s nomination to the D.C. Circuit despite lacking any objection to her. [Huffington Post]
* NYU Law carried on its annual tradition of acting out the Erie case. Screw that! They should act out Palsgraf…
* Airport security has forbidden joking about bombs and hijacking. Now TSA is cracking down on joking about TSA itself. In the interest of my next flight, “I love you, TSA!” [Daily Mail]
* A detailed analysis of the 14th Amendment’s role in the debt ceiling debate. President Obama should employ this solution now before the Supreme Court realizes there’s another part of the 14th Amendment they can overturn. [Main Street]
* Law school professors do not take kindly to your antics. [Law Prof Blog]
* The rules don’t apply to Yale or Harvard. Or at least the rules don’t apply to their law reviews. [Professor Bainbridge]
* Congress is still trying to decide how to regulate FM radio instead of looking at salient issues in modern copyright law. Given how brilliantly they keep the government open, maybe FM radio is the biggest issue we should give them right about now. [The Daily Caller]
* The lawyer as generalist is fading into obscurity. Let’s commemorate it in poetry, shall we? [Poetic Justice]
* A preview of some upcoming Supreme Court cases this week. Complete with cartoons! [The Spark File]
* Finally, here’s a little gem for Justice Ruth Bader Ginsburg fans that we got….
* A California judge sentenced a man to 53 years in prison and then officiated his wedding. So she gave him 53 years followed by a life sentence? Hey ho! [CBS News]
* Jersey Shore’s The Situation suffers the indignity of a legal defeat. I mean, if he has dignity left. [South Florida Lawyers]
* Who would make a better juror: a non-citizen or Charlie Sheen? I’d prefer to have Sheen… I don’t know if there are many crimes he wouldn’t understand. [The Atlantic]
* The results are in from Kaplan’s just completed 2013 survey of law school admissions officers. The headline is that 54 percent of law school admissions officers report cutting their entering law school classes for 2013-2014 and 25 percent plan to do so again next year. Time to build another law school! [Kaplan Test Prep]
* A comprehensive list of the crimes committed by Batman in Batman Begins. And I’m not entirely sure everything he did in his hostile takeover of Wayne Enterprises was on the up-and-up either. [Salt Lake Tribune]
* The recycling of policy debaters into litigators brings good and bad habits to the legal profession. On the plus side, there’s the refined research skills. On the other hand, stenographers have a hard time keeping up. [Houston Law Review]
* The new song “Lady Justice” by lawyer-artist DNA (featuring Zoha). He’s already figured out that all the good songs these days have to be “featuring” someone. Song after the jump…
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: