* “We have all the resources and infrastructure we need for any potential dispute or recount.” Because elections aren’t just for Election Day anymore. [Thomson Reuters News & Insight]
* UC Hastings College of the Law has set up a symposium fund to honor fallen alumnus J. Christopher Stevens, the U.S. Ambassador to Libya. [NBC Bay Area]
* People realize that the next President will probably get to appoint a couple of SCOTUS justices, right? [Slate]
* That’s some costly attorney misconduct: a lawyer who got slapped with a $10,000 sanction for “egregious conduct” at a deposition now has to pay an additional $36,274 in legal fees. [New York Law Journal]
Depositions usually aren’t very exciting, but every now and then, you get a gem that’s worthy of public fanfare from the legal world. Take, for example, a deposition that we came across last year, in which a lawyer asked the deponent whether his “jurisprudential hymen [was] being ruptured.”
Today, we’ve got some deposition fun for you with the assistance of rap artist Lil Wayne, and it turns out that he’s just as entertaining in a legal setting as he is on stage — and by “entertaining,” we mean he acted like a complete tool. He’s currently suing Quincy Jones III over a documentary about his life, claiming that he was portrayed in a “scandalous” manner.
Let’s check out the clips from his leaked deposition….
* Martin Bienenstock, Dewey’s former bankruptcy head, offered some free legal advice to the firm’s bankruptcy advisers: “[P]lease get real about the unfinished business claims.” [WSJ Law Blog]
* In other interesting Dewey news, you’re never going to guess what Steve DiCarmine’s been doing since the firm went under. He of the orange skin tone is making it work at Parsons. [Am Law Daily]
* Remember Kenechukwu Okoli, the guy who slapped a Paul Hastings partner in the face during a depo and then sued him for assault? Yup, that suit got dismissed. [Thomson Reuters News & Insight]
* NerdWallet has created an online law school comparison tool, but users will only get to choose from 50 schools, none of which are in the so-called U.S. News second tier. Guess they don’t think Cooley is the second-best school in the country. How rude. [Bucks / New York Times]
* Cecilia Gimenez, the woman from Spain who accidentally turned a fresco of Christ into a portrait of a monkey, is now seeking royalties from funds the church levied as entrance fees to see her “work of art.” [Telegraph]
* Bridget Mary McCormack, a candidate for Michigan’s Supreme Court, has a simple tip for putting together the best judicial campaign video ever: all you need to do is reunite the cast of The West Wing. Check it out….
As you will see, it’s not all about the money in life: it’s about health, love, respect, happiness and then at some point about the money, which is the only thing that will survive all of us.
– Emel Dilek, the pulchritudinous plaintiff who is suing her former employer for breach of contract. Dilek was the mistress of the company’s former chief operating officer, who hired her; after he passed away, the company fired her.
(A closer look at this sexy plaintiff and her salacious suit, including some rather amusing deposition excerpts, after the jump.)
* Will consultation with victims’ families determine whether James Holmes deserves the death penalty? You could probably consult with a wall to make that determination and get the same result. [PrawfsBlawg]
* Just like that, with incredible ninja-like speed, someone has already filed a negligence suit against the Aurora Century 16 Theater where the shootings took place. [Gawker]
* And no, sorry to disappoint you, but notwithstanding his self-admitted teeny peeny, we don’t think that James Holmes decided to go on a shooting spree because he got rejected by a few women on Adult Friend Finder. [Jezebel]
* While we’re talking about gun violence, Mike Bloomberg has got a great idea: all police officers should go on strike until legislators push through stricter gun laws. How is a nanny state supposed to work properly when all the governesses are off duty? [Gothamist]
* Knowledge is power in the hands of a client, especially when the knowledge you’ve given them is just another tool to piss off opposing counsel during a deposition. [Popehat]
* Personal responsibility fail: allowing your 13-year-old to drive you home because you’re wasted. Fathering fail: believing that was a good idea in the first place. [Legal Juice]
* A fake TV show starring a wheelchair-bound paraplegic paralegal? You know you’d watch this. [The Onion]
* As it’s told, the Supreme Court never leaks, but two sources who were close to the Affordable Care Act deliberations thought this tidbit was worth sharing with the public. Perhaps Chief Justice Roberts isn’t so noble after all, because he was originally batting for the conservatives. [CBS News]
* The Department of Justice will not be filing a criminal contempt case against Attorney General Eric Holder, despite Congress’s seal of approval. Alas, if looks like you need to do a little bit more than piss off a few legislators to get prosecuted for a criminal offense. [Blog of Legal Times]
* Is fear of accidental spittle from a close talker enough to warrant slapping a Biglaw partner in the face? Yup, and it seems it’s even cause to file a lawsuit with allegations of slander and assault. [Am Law Daily (reg. req.)]
* A judge has temporarily blocked enforcement of a new law that could have shut down the only abortion clinic in Mississippi. It’s refreshing to know the judicial system is willing to bring out the kid in you. [Washington Post]
* “It was an accident, it was an accident, it was an accident.” That may be the case, but much like your law school loan debt, you can’t take it back. Jason Bohn was arraigned for murder. [New York Post]
Last month, we wrote about another in the increasingly long list of Facebook creation story-related lawsuits. The plaintiff in that story was Aaron Greenspan, a college classmate of Mark Zuckerberg. While Greenspan was in school, he created a similar social network to what eventually became Facebook.
Greenspan alleges that he was unfairly omitted from The Social Network, the 2011 film purportedly telling the history of Facebook. Greenspan felt so jilted at being left out of the movie that he sued the company that published The Accidental Billionaires, on which the hit movie was based (affiliate links).
As of of our last story, Greenspan’s suit alleging “defamation by omission” had just been dismissed by a Massachusetts federal judge.
But he appealed the decision to the First Circuit. Over the weekend, he also emailed us, and gave us more detail about his story. Let’s check in and hear what he has to say, along with a colorful deposition story from the old ConnectU case. There’s more than meets the eye to this tenacious programmer turned Facebook nemesis…
April’s showers were supposed to bring May’s flowers, but last month turned out to be nothing but doom and gloom for the legal world. Not only did we get to see the biggest collapse of a law firm in U.S. history, but we also caught a glimpse of some of the worst allegations of attorney misconduct that we’ve seen in quite some time.
So, which attorney called opposing counsel an “ignorant slut”? Who busied himself with drawing pictures of male genitalia during a deposition? Which attorney wrote a letter to a former opponent in order to call him an “a-hole”? And who referred to a female attorney as the c-word?
Find out this, and more, when you check out our nominees for May’s Lawyer of the Month competition….
In a column last week, I criticized a brief for using the alphabetical short form “EUSLA” to signify “end user software license agreement.” Depending on the circumstances, I suggested, one might shorten the name of that contract to “agreement,” “license agreement,” or “software license agreement,” but “EUSLA” just doesn’t work — it’s meaningless alphabet soup that doesn’t help the reader of a brief.
As I said, I got caught: The lawyer who had drafted the brief read my column, cleverly figured out who I was criticizing, and called to take issue with me. (Serves me right for using real-world examples in this forum, I suppose.)
“You’re wrong, Mark,” my outside counsel said. “We called that contract an ‘EUSLA’ in all of the depositions in the case. When we quoted deposition transcripts in the summary judgment brief, those quotations called the contract an ‘EUSLA.’ We would have confused things if we called the contract an ‘EUSLA’ in the deposition excerpts and a ‘software license agreement’ in the rest of the brief. ‘EUSLA’ was the right choice.”
This conversation illustrates, first, why you shouldn’t quarrel with me while I have this nifty megaphone at Above the Law and you’ve got bupkis; I can’t possibly lose. And the conversation illustrates, second, the meaning of “digging yourself into an even deeper hole.” “EUSLA” is the wrong short-form in a brief, and your earlier mistakes don’t justify your later one . . .
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 (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), 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.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.