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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…