* Bob McDonnell, former governor of Virginia, guilty of 11 counts of corruption. Maureen McDonnell guilty of 8. If only they’d gotten that severance motion. [Wonkette]
* The best way to catch drunk drivers is to give them something to crash into. [Legal Juice]
* Chaumtoli Huq, a former general counsel to the New York Public Advocate, has filed a federal lawsuit alleging that NYPD officers arrested her for waiting on the sidewalk outside a restaurant. She says she was targeted for being Muslim. [Gawker]
* In somewhat related news, Prawfsblawg pointed me to this interesting Slate piece on the effect that body-worn cams — the en vogue solution to police misconduct pushed by many including Huq’s old boss — really have on policing. [Slate via Prawfsblawg]
* Google paying $19 million to settle the FTC suit over kids making in-app purchases. It was going to be a $5 million settlement, but the FTC told Google that they would let them skip level 410 in Candy Crush if they kicked in another $14 million. [Washington Post]
* Some people have a problem with duct-taping kids to force them to take naps. Kids are growing up soft these days. [Lowering the Bar]
I’ve already written one piece about Cory Doctorow’s incredible column at the Guardian concerningdigital rights management and anti-circumvention, in which I focused on how the combination of DRM and anti-circumvention laws allows companies to make up their own copyright laws in a way that removes the rights of the public. Those rights are fairly important, and the reason we have them encoded within our copyright laws is to make sure that copyright isn’t abused to stifle speech. But, anti-circumvention laws combined with DRM allow the industry to route around that entirely.
But there’s a second important point in Doctorow’s piece that is equally worth highlighting, and it’s that the combination of DRM and anti-circumvention laws make all of our computers less safe. For this to make sense, you need to understand that DRM is really a form of security software.
The Internet naturally devolves to Hitler references. Call it Godwin’s Law. Call it reductio ad hitlerum if you’re into the whole unnecessary use of Latin thing (and you’re lawyers, so you totally are). But with the advent of the Internet, Downfall video became inevitable.
And with bored lawyers seeking Internet-based distractions at their desks (or law library carrels), the legal Downfall video was even more inevitable.
Above the Law has linked to some of these before (for example here and here), but I figured I’d treat the readers to a collection of some of the finer videos here as part of my role as the editor covering the tech beat.
If you have others, link them in the comments. I’m sure someone out there in the middle of a two-week document review somewhere will appreciate it….
Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
We’ve covered the Stephanie Lenz / dancing baby / fair use case for years — but now it looks like there’s finally going to be a trial to consider if Universal Music can be punished for sending a DMCA takedown notice on a video of Lenz’s infant son dancing to 29 seconds of a song by Prince, which Lenz asserts was clearly fair use.
If you haven’t followed the case, it’s been argued back and forth for years. At one point, the court ruled that a copyright holder does need to take fair use into account before sending a DMCA takedown, but that there needs to be “subjective bad faith” by Universal Music in sending the takedown. In other words, Lenz (and the EFF, who is representing her) needs to show, effectively, that Universal knew that it was sending bogus takedowns. The EFF has argued that willful blindness by Universal meant that it had knowledge (amusingly, using precedents in copyright cases in the other direction, where copyright holders argue that willful blindness can be infringement)….
Professor Joel P. Trachtman (JD Harvard Law School) has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
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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: email@example.com.
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!