Few things fill a junior associate with more dread than a partner beginning a sentence with the following words: “There must be a case that holds….” Much of the time, there is no such case (especially when the issue concerns some annoying e-discovery dispute that no judge would ever want to write about).
But if a partner says to you, “There must be a case addressing whether an insurance company is liable for accidental death benefits when the decedent accidentally kills himself while engaged in masturbation that involves intentional self-electrocution” — well, now there’s a case that’s on all fours. With an electric cattle prod.
Keep reading, to learn about an ERISA opinion that is very… stimulating….
With the media scrutiny, not charging George Zimmerman would have been the bigger surprise.
The Washington Post is reporting that special prosecutor Angela Corey will hold a press conference this afternoon charging Zimmerman with something arising out of the death of Trayvon Martin.
Just what he’ll be charged with is anyone’s guess, is he getting hit with murder, manslaughter, or the simple “hunting black teens without a license,” which I think is just a misdemeanor in Florida. Check back for updates as we learn more.
Of course, charging the man and finding him are two completely different things…
At first glance, the post seemed like it could be a smoking gun. But things are never as simple as they seem: rumors are going around that the post is a fake. Because, as Above the Law readers know, don’t believe everything you read in online comments…
Florida’s “stand your ground” law has received a lot of attention this week as people struggle to understand how a teenager named Trayvon Martin, armed with Skittles, was gunned down in the street. The FBI, the Justice Department, and a Florida grand jury are now all investigating the incident where Martin’s killer, George Zimmerman, claims he was acting in self-defense.
I don’t want to get into the racial aspect of the instant situation — mainly because it’s too obvious. Don’t get me started on what the police would have done if a black man shot a white teenager to death and claimed he was standing his ground. It’s not even worth debating.
But even if race played a role here, it doesn’t mean a prosecutable crime took place. As many now know, that’s because Florida’s “stand your ground” law does not require people to retreat, even if they can do so safely.
Sure, “real men” don’t run. You can’t find a culture on Earth where running away is “honorable.” But in light of what’s happened with these laws on the books, do they really make sense? Is the enforcement of these laws racially prejudiced? Do “stand your ground” laws really just make it open season on black youths who might “scare” prejudiced people who incorrectly think they’re in danger of their lives?
I think so, but at least that’s a position where reasonable people will disagree….
Last night, a dramatic scene unfolded in the parking lot of a movie theater. A suspected drunk driver allegedly took off without his headlights on, hit two police cruisers, terrified several witnesses, and then slammed his car into a tree. The driver was killed.
“It was coming straight towards us and I didn’t know if he was going to stop or what he was doing,” said one witness. “He was going 70, 80 miles an hour. It was scary.”
The driver of the vehicle was a young lawyer, an associate at a law firm. He graduated not too long ago from a leading law school….
Stephen M. McDaniel, the Mercer Law School graduate accused of killing classmate Lauren Giddings, made an appearance in court this morning. As you may recall, Giddings’s decapitated torso was found on June 30 in Macon, Georgia, and thus far, police have been unable to recover the rest of her body.
Last month, we mentioned that Bibb County prosecutors intended to seek the death penalty for McDaniel. Today, in court, the alleged murderer received formal notification of his fate if he is found guilty of the charges levied against him.
McDaniel’s arraignment hearing has been set for February 7, but his lawyers raised some interesting issues today. What sort of motions will they be filing on their client’s behalf?
The Bibb County District Attorney calls the crime “outrageously or wantonly vile, horrible or inhuman in that it involved depravity of mind,” which is one standard the prosecution has to meet to seek the death penalty in Georgia.
The Macon Telegraph conducted a long interview with Lauren Giddings’s boyfriend, David Vandiver. The King & Spalding lawyer wonders if Giddings’s final email to him was entirely hers….
This should not come as a great shock, since he’s been in jail since July, but Stephen Mark McDaniel has been indicted by a grand jury for the murder of Lauren Giddings. McDaniel and Giddings graduated earlier this year from Mercer Law School, where they were classmates, and they were also neighbors in the Barristers Hall apartment complex in Macon, Georgia.
In addition to being charged with the Giddings murder, McDaniel has been indicted for other creepy crimes….
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: firstname.lastname@example.org.
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 legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.