* As discussed yesterday, the sequestration is doing a number on the federal defenders. Here’s a petition to save them. [PrawfsBlawg]
* The police are enforcing Yelp reviews now? I guess Google is really pushing them. [Popehat]
* After broadcasting offensive, fake names for the Asiana crash pilots, KTVU is trying to delete the evidence through copyright claims. [Mother Jones]
* USC is the subject of a federal investigation for systematically failing to investigate rape allegations. “A DPS detective told one student that the campus police determined that no rape occurred in her case because her alleged assailant did not orgasm.” In fairness, you can’t feel anything with Trojans. Seriously though, when did USC become Dubai? [Jezebel]
* Edith Windsor’s lawyer said she thought her client’s case was “simple,” but it proved to take a little longer than she thought to strike down the Defense of Marriage Act. [New York Law Journal]
* Conservative pols are up in arms about the SCOTUS decisions, promising to file constitutional amendments, but like Rand Paul said, “As a country, we can agree to disagree.” [Washington Post]
* Nate Silver breaks down gay marriage by the numbers. By August, 30% of Americans will live in states where same-sex marriage has been legalized. [FiveThirtyEight / New York Times]
* Wherein the ancient artifacts of a once storied and prestigious Biglaw firm are touted by a furniture liquidation company as “like new, for less!” Dewey know how embarrassing this is? [Am Law Daily]
* Sorry, Joel Tenenbaum, but the First Circuit affirmed your $675K debt to the RIAA. That’s what happens when you blame illegal downloads on burglars and foster kids. [Law & Disorder / Ars Technica]
* It looks like David Boies claimed two victories yesterday. The Court of Federal Claims gave Maurice Greenberg the green light to sue the U.S. over the terms of AIG’s bailout. [DealBook / New York Times]
* With the Supreme Court’s term winding quickly to a close, it’s likely that conservative justices will write for the majority in some of the most closely watched and controversial cases. Uh oh. [Washington Post]
* Judge Edward Korman, the man who slapped around the FDA like it owed him money in a ruling over access to the morning-after pill, is actually a very soft-spoken, kind-hearted fellow. [New York Times]
* Wherein a Chicago Law professor and a Vedder Price partner argue that instead of cutting law school down to two years, financial aid should be given out like candy. Hey, whatever works. [Bloomberg]
* Brooklyn Law’s got a whole lot of drama these days: Their president is stepping down, their dean is apparently still a full-time partner at Patton Boggs, and a law professor is suing over alleged ABA violations. [New York Law Journal]
* That’s not the only New York-area law school awash in scandal. Chen Guangcheng has received the boot from NYU Law due to alleged harm done to the school’s relationship with China. [New York Times]
* When questioned about the need for his school, Indiana Tech’s dean says the lawyer oversupply and lack of jobs don’t matter. It’s about the quality of the graduate. Good luck with that! [Journal Gazette]
* This came too soon (that’s what she said). The alleged porn purveyors at Prenda Law will close up shop thanks to the costly litigation surrounding their copyright trolling. [Law & Disorder / Ars Technica]
* Fort Hood shooter Maj. Nidal Hassan won’t be allowed to use a “defense of others” strategy in his murder trial, because not only does it fail as a matter of law, but it’s also ridiculous. [Associated Press]
* Harvard Law grad Cate Edwards, daughter of disgraced pol John Edwards, took a dramatic step away from her father’s tabloid-esque pubic interests by opening her own public interest firm. [WJLA ABC 7]
* Judge Thomas Jackson, well-known for his antitrust ruling against Microsoft, RIP. [New York Times]
* Marshall University is no longer a defendant in a case about a student shooting bottle rockets out of his anus. So from now on your sum total knowledge of the Thundering Herd involves the movie We Are Marshall and “shooting bottle rockets out of anuses.” [West Virginia Record]
* Documentary filmmaker files suit seeking declaratory judgment that “Happy Birthday to You” is in the public domain. Why hasn’t everyone just accepted Larry Lessig’s new birthday song? [New York Times]
* Men tend to think professional dress is one part white/blue shirt and one part brown/black/navy slacks. There’s more to it than that. Well, if you want to look good at all, there’s more to it than that. [Corporette]
* Market realities catch up with law school plans. Pour a little out for the proposed Arlington Law School. [ARL Now]
* Rough legal question: Should the U.S. refuse to send a child to a country employing Islamic family law? [Volokh Conspiracy]
* A federal judge ordered HHS to give a little girl a lung transplant. Popehat wonders who lost out on a transplant in this exchange. I’m wondering why there aren’t more lung donors out there. [Popehat]
I don’t know precisely when Oprah Winfrey went from daytime talk show host to “I’m a DEITY now,” but I know that I missed it. I mean, I like her and all. And I don’t understand the people who hate her — like what has Oprah ever done to anybody? But I don’t exactly know why the world seems to hang on her every word.
Which isn’t to say she didn’t “deserve” to give the commencement address at Harvard University this year. Of course she did. Have you seen the people who have given that speech? When I graduated from college it was Amartya Sen. He’s an economist, Oprah is cash money.
I only noticed she was giving the speech because right wingers are acting like she needs to be shot because she talked about gun control. But apparently she also said: “We all know that we are better than the cynicism and the pessimism that is regurgitated throughout Washington and the 24-hour cable news cycle — not my channel, by the way.”
And that’s funny because the Second Circuit just ruled that her media network might have regurgitated a tagline already owned by a copyright holder…
If you enjoy streaming movies at home through Netflix or Amazon Prime (or whatever other service you use), get ready to start paying more, because there’s a new technology just dropped off at the patent office that promises to keep you from enjoying movies with a few friends.
If you’re wondering why anyone would let this technology into their home, rest assured thousands will. Even you might, unwittingly.
And who’s to blame for this patent? Wait for it after the jump…
So, you may recall that as a part of Judge Otis Wright’s Prenda sentencing, he ordered that a copy of the ruling be submitted in every other case involving Prenda:
For the sake of completeness, the Court requests Pietz to assist by filing a report, within 14 days, containing contact information for: (1) every bar (state and federal) where these attorneys are admitted to practice; and (2) every judge before whom these attorneys have pending cases.
In one Prenda case (involving AF Holdings again) in the Northern District of Georgia, the defendant, Rajesh Patel, and his lawyer, Blair Chintella, submitted Judge Wright’s ruling themselves to the court in the case. As pointed out by Fight Copyright Trolls, Prenda’s local counsel in Georgia, Jacques Nazaire has filed one of the most ridiculous filings we’ve ever seen yet in all of the Prenda filings. It argues that the court should not allow Judge Wright’s order to be entered into the docket because California recognizes gay marriage and Georgia does not. I’m not joking…
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]
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: