Ours is the age of victim shaming. This much I know. Our culture is one so damned afraid of death that we rationalize every single one as the inevitable coda to a life poorly lived. The ownership society we have built has meant nothing materially so we are left with our own deaths to own… wholly and irrevocably. If you die tomorrow, the newspaper will tell us what horrible behaviors led to your death. Tsk tsks will ring out both far and wide. Assuming anyone gives a sh*t about you. Or the person who killed you.
This impulse to blame death on the decedent doesn’t need much encouragement, of course. But it finds it in the kindred compulsion to believe everything that is said about drugs. You combine a stubborn unwillingness to accept the indeterminacy of death along with the rank stupidity of drugs and… well, you got yourself a stew, baby.
On Wednesday, a race car driver named Smoke got off and it may be because the one he smote may have smoked…
In a stunning attempt to redefine the concept of “imminent,” a leaked white paper from the Department of Justice outlines circumstances where America can assassinate terrorists, Americans living abroad, pretty much anybody important enough that the President wants to have him killed.
Oh, you think I’m engaging in a bit of hyperbole? Read the 16-page white paper for yourself. You’ll think Brutus and Cassius wrote it before stabbing Caesar.
According to the paper, the U.S. can undertake “self-defense” assassinations without any evidence of an actual specific threat…
I write about law school debt, often and passionately, because at the end of the day there are real productive people who are getting ruined by taking out more money than they can reasonably pay back. Not all of these people are “deadbeats,” and not all of these people are too stupid to understand a loan agreement. Many of them are people who simply thought that in America education was the path to upward mobility.
But unfortunately, in America today, education is also the path towards financial instability, or even disaster. People who take the shot at bettering themselves through education can easily find themselves with bad jobs and a mountain of debt that will take decades to pay off.
It’s not just happening to kids. The New York Times had a big article yesterday that highlighted all of the parents who have taken loans out for their children’s education and now can’t pay off the loans. And since we’re talking about parents, we’re dealing with people who maybe don’t have decades to get their financial houses back in order.
In one shocking case, a man took his own life; in the suicide note, he said: “I can’t even answer the phone in my own home no more. I can’t live like this no more.”…
– The introductory line to Chief Judge Alex Kozinski’s recent separate opinion in Garfias-Rodriguez v. Holder (9th Cir. Oct. 19, 2012). As noted by the WSJ Law Blog, the other opinions of the highly fragmented en banc court had more traditional designations, like “concurrence” and “dissent.” Howard Bashman was amused.
(Additional news out of the Ninth Circuit, of a serious and sad nature, after the jump.)
* Bank of America agreed to pay $2.43 billion, one of the biggest securities class-action settlements in history, to put the Merrill Lynch mess behind it. According to Professors Peter Henning and Steven Davidoff, B of A “is probably quite happy with the settlement given that it could have potentially faced billions of dollars more in liability in the case.” [DealBook / New York Times]
* “Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting.” Here is Robert Barnes’s take on the SCOTUS Term that starts today. [Washington Post]
* And here is Professor Garrett Epps’s review of Jeffrey Toobin’s new book on the Supreme Court, The Oath (affiliate link). [New York Times]
* How Dewey justify paying a big bonus to a member of the management team “when it has been widely pointed out that excessive compensation to the firm’s upper management significantly contributed to the firm’s collapse in the first place?” [Bankruptcy Beat via WSJ Law Blog]
* A high-profile Vatican trial raises these questions: “‘Did the butler do it?’ Or rather, ‘was it only the butler who did it?'” [Christian Science Monitor]
* Ben Ogden, an Allen & Overy associate who was killed in a Nepalese plane crash, R.I.P. [Am Law Daily]
Maybe law schools should be more like strip clubs?
There’s been an interesting lawsuit filed in Florida. The father of a woman killed by an allegedly drunk driving law student (who also died in the crash) is suing the driver’s law school for allowing the kid to get liquored up at the school’s “Barrister’s Ball.”
We’ve done a fair amount of stories about drunken shenanigans taking place at these Barrister’s Balls (or law school proms) at law schools across the country. It really makes for a perfect Above the Law story: take booze, add law students, mix with camera phones, and the thing writes itself.
But usually people don’t end up dead. The only thing a Barrister’s Ball is supposed to kill is your Google footprint. Then again, usually there isn’t a (cough, cough) intervening cause between the Ball and the ride home…
Last week, we told you that not much seemed to happen during the administration of the New York bar exam. In truth, in New York (and New Jersey), shenanigans usually don’t start until after the state boards of law examiners get their hands on the exams.
Still, things did seem quiet in the tri-state area this bar season. They were more dead than the proverbial curious cat.
But if we move upstate to Albany, there was an actual dead cat. Or perhaps we should say “horrifically murdered” cat? Try not to eat lunch (or take a bar exam) directly after reading this story…
One of McDaniel’s lawyers, Franklin J. Hogue, argued that the bond was “excessive,” claiming that the McDaniel family couldn’t afford more than $150,000. The prosecution countered that the family’s financial picture might have changed since the passing of McDaniel’s grandfather, Hollis Browning, back in April. According to Floyd Buford, another lawyer working for McDaniel, Browning’s will remains to be executed. In the end, the judge left bail as is — meaning McDaniel will remain in jail for the foreseeable future.
Now let’s hear the good news for the defendant. It relates to that disturbing internet posting that the prosecution attributed to Hacksaw McDaniel back in April….
We’ve aimed for even-handedness in our coverage of Stephen M. McDaniel, the 25-year-old Mercer Law School alumnus accused of killing his neighbor and classmate, Lauren Giddings. We’ve written about the lurid allegations against him, and we’ve shared with you the reminiscences of a former roommate who found McDaniel a bit creepy. But we’ve also raised the possibility that some of the evidence against him might be fake, and we’ve even discussed whether perhaps McDaniel has been framed for the Giddings murder.
In our continuing quest to tell both sides of this story, today we bring you supportive words from a college classmate and friend of Stephen McDaniel. This individual believes that McDaniel is being treated unfairly in the court of public opinion — and he’d like to set the record straight….
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.
It’s the legal profession’s equivalent of a long-term relationship.
When Michelle Waites, Senior Patent Counsel for Xerox Corporation, attended The LGBT Bar’s Lavender Law conference several years ago, she wasn’t sure what to expect. She left having forged a lasting business relationship that still endures today.
It was during The LGBT Bar’s event – an annual gathering of more than 1,600 lesbian, gay, bisexual, transgender and allied legal professionals – that Waites first met Marla Butler, a partner at Robins, Kaplan, Miller & Ciresi LLP, who specializes in patent law.
Today, the two are still close friends as well as professional colleagues. Butler’s firm continues to work with Xerox – a business partnership forged via The LGBT Bar.
On November 19th, The Bar will present its first-ever conference outside the United States. Dubbed “A Lavender Law Experience for Europe,” the day-long Business Legal Conference will replicate programs such as the one that brought Waites and Butler together for legal professionals in Europe.
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: