Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so…. Heeding Lincoln’s wisdom, and the requirements of the Copyright Act, we conclude that merely calling someone a copyright owner does not make it so.
* Right about now, the Second Circuit is wondering why authors are suing Google and crying infringement over the Internet company’s e-book project, especially since digitization could benefit so many of them. [Thomson Reuters News & Insight]
* This is the end of an era of legal battles: Jeffrey Skilling, Enron’s former chief executive officer, is getting a little shaved off the top of his 24-year prison sentence thanks to a deal with the Department of Justice. He’ll be out in 2017. [CNBC]
* Biglaw expected to have a slow start in 2013, but no one expected it to be this slow. The latest Citi report wasn’t exactly encouraging; on average, firms saw a 0.2% increase in revenue during the first quarter. [Am Law Daily]
* In the past decade, the American Bar Association has created six task forces to explore changing the face of legal education as we know it. Funny… nothing’s really changed. [National Law Journal]
* Bail for Ariel Castro, the accused Cleveland kidnapper, has been set at $8 million. “Just think of how many ribs and salsa albums could be bought with that, bro,” said Charles Ramsey. [Chicago Tribune]
* A senior litigation associate at Paul Hastings, Ryan Nier, has decided to participate in something called the Death Race, and it has nothing to do with the drive for partnership. This Death Race is 50-mile mountain endurance/obstacle race that takes somewhere between 24 and 48 straight hours to finish. Only a handful complete the race every year, and Nier is determined to be one of them. From what we’re told, Paul Hastings has been entirely supportive of Nier, which is cool because he’s using it as an opportunity to raise money for charity. But who knows how supportive they’ll be when they realize he won’t have Blackberry access on top of the mountain for 48 hours. For more information about the Death Race, check out the website. [The Death Race]
* Law student golfing across the U.S. So, I take it summer associate gigs are still scarce? [Golf.com]
* “Guess What the Air Force’s Chief of Sexual Assault Prevention Was Just Arrested For…” Hard to top that headline. [Lowering the Bar]
* Harper Lee suing over “To Kill a Mockingbird” (affiliate link), alleging that the son-in-law of her literary agent botched the copyright. *Insert cheap Atticus Finch joke here* [Washington Post]
* Dr. Phil is suing Gawker alleging that the website posted a video of the pop psychologist’s interview with Manti Te’o, stifling ratings. So Dr. Phil thinks his audience strongly overlaps with Gawker’s. I’m incredulous. [Yahoo! Sports]
* This is why an over-aggressive cease and desist letter can get you into more trouble. Enter the world of the “miniature war-gaming community.” [Popehat]
* A guide to the questions applicants need to be able to answer at OCI. The best? “Describe a situation when you had to think on your feet to extricate yourself from a difficult situation.” This provides insight into how the applicant will deal with virtually every situation that ever comes up in Biglaw. [Ms. JD]
When an opinion opens with a quote from The Wrath of Khan, something is about to happen.
What followed was a straightforward benchslap littered with Star Trek references. More than a little fitting that an opinion about allegedly illegal porn downloads would focus on the pop culture universe most closely associated with 40-year-old virgins.
It’s not the cohesive, brilliant opinion about strip clubs that we recently got out of Judge Fred Biery. Instead, the opinion draws wry smiles for laying out nothing but a string of references to Star Trek seemingly designed just to prove to his fellow nerds that the Judge knows Star Trek.
Which, in a sense, makes this opinion the most “Star Trek” thing ever…
* There’s been a changing of the guard at Sidley Austin. Carter Phillips, one of our nation’s preeminent appellate advocates, is now the sole chair of the firm’s executive committee after a one-year stint as co-chair. Congrats! [The Recorder]
* It looks like the trolls attorneys behind Prenda Law got benchslapped in the worst of ways — complete with a multitude of Star Trek references. We’ll likely have more on this later today. [Ars Technica]
* The California Supreme Court just ruined everyone’s high, because it ruled that cities and counties can ban medical marijuana dispensaries. Smoke ‘em while you’ve got ‘em, stoners. [Associated Press]
* Justin Bieber is being sued for copyright infringement, along with his musical mentor, Usher. Tween girl mob: ASSEMBLE! Defend your pop idol’s honor; after all, he just needed somebody to love. [Reuters]
Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
Michael Carusi points us to the news that Warner Bros., MGM and Universal Studios have agreed to pull nearly 2,000 films from Netflix’s library, in order to put them in the Warner Bros. Instant Archive. You may recall that Warner recently launched this archive, which is an incredibly overpriced and ridiculously limited offering. Apparently, they’re trying to bolster the offering in part by hurting Netflix. As we’ve warned, this sort of fragmentation does little to help anyone…
* “It’s totally reasonable to spend $75 just for a shot at an unpaid internship,” said no one ever. [Craigslist] UPDATE: The crafty employer took it down already. But they didn’t count on me getting a screenshot and transcribing it. Check it out after the jump!
* Kirkland & Ellis (or any Biglaw firm) handing out advice on women and “work/life balance” should elicit exactly this response. [UChiLawGo]
* Reading Above the Law can make you money. Sure, it’s only by boosting your severance package, but… [A Paralegal's Life]
* Several law school professors were recruited from prison. So if you’re hoping to get tenure… [Dallas Blog]
* Pirate Bay is still out there hopping around the Caribbean to avoid prosecution. Just like real-life, well, you know. [IBTimes]
* Running over a bicyclist? Accomplishment unlocked for some real-life GTA players. [Legal Juice]
* You’d think an intellectual property firm would know better than to commit copyright violations. [Law 360]
* Good news, law students! You can get a casebook for the low, low price of $200! [PrawfsBlawg]
* Rachel Ray sued for negligence in trying to help a teen lose weight. If the goal was weight loss, Rachel should have just forced the girl to exclusively eat from Rachel Ray’s cookbook. Nothing can turn someone off eating like that. [US Weekly]
* I hope you’ve all got your taxes finished. Here’s a fun fact: most tax cheats live in the South and the West. The two areas of the country filled with people who think taxes are evil cheat more? Go figure. [NBC News]
* A detailed look at how the Federalist Society became so powerful in American law schools. Unfortunately, it neglects the “they tend to order better pizzas for their events” gambit. [Chronicle of Higher Education]
* Remember the new, depressing, public domain Happy Birthday song? The sponsor of that contest, WFMU, is at it again with a new contest to create modern, entertaining covers of public domain ditties. Despite my ragging on the birthday song, this is a pretty cool idea. [Free Music Archive]
* Are you a young lawyer complaining about your lot in life? You’re at this site, so statistically you are. Well, quit your bitchin’! [Associate's Mind]
* The Texas Supreme Court does not value emotional attachments to dogs. This is surprising because I can think of at least 10 country songs on this very point. [Law and More]
* Mocking law school couples with a GIF from Veep? Get out of my head, UChiLawGo! [UChiLawGo]
Attorney John Steele says he has sued more than 20,000 Internet users. Now he's the one in legal trouble.
“It should be clear by now that this court’s focus has shifted from protecting intellectual property rights to attorney misconduct.” — U.S. District Judge Otis Wright
John Steele, the lawyer who told me he’d made “millions” going after people who illegally download pornographic movies, is experiencing some legal trouble of his own. A district judge in Los Angeles has questions about the way in which Steele and his colleagues have conducted their litigation. Ars Technica and Popehat have been providing detailed (and often gleeful) coverage of a series of hearings that may lead to the unraveling of hundreds of lawsuits filed by Steele and his colleagues at Prenda Law against alleged XXX-movie lovers whose IP addresses were caught downloading the films online.
Steele and his colleagues have been pursuing “John Does” who download XXX films without paying for them for copyright violations. When I interviewed him last year, he told me he had filed over 350 of these suits, and that he was at that time suing approximately 20,000 people. The tactic is similar to the one employed by the recording industry years ago, but where RIAA wanted to scare people out of illegal downloads by getting massive, scary judgments in highly publicized cases against individual Napster users, Steele and the lawyers like him are content to get relatively small settlements — deal letters often ask for $3000 or so — from individuals who pay up quietly to avoid being named in public court filings for allegedly watching a film such as “Illegal Ass 2.”
But now Steele and his firm are starting to run into serious problems.
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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: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The 2014-2015 law school year is now in full swing. 1Ls are grappling with the strange new world of the Socratic Method and briefing cases. 2Ls are hoping to score some sort of job out of the fall interviewing season. And 3Ls are wondering just what the heck they’re even doing on campus. If, in fact, they are even on campus at all. ATL’s law school experts have designed this challenge to help determine how much you know about the realities of the 3L experience.