* McCutcheon will usher in even more campaign finance excess, but could alleviate gridlock. Plutocracies are efficient! [Election Law Blog]
* Hold the phone! Coerced confessions aren’t admissible? Next thing you’ll tell us is waterboarding is illegal. Thanks Obama. [New York Law Journal]
* Juror who couldn’t stop using Facebook didn’t cause a mistrial because he didn’t post any details about the case. In other news, he really needs a goat in FarmVille you guys, so if anyone can hook him up, that’d be great. (Alternative heading for this one: “11 Angry Men, 1 ‘Likes This'”) [IT-Lex]
* Disbarred lawyer mistakenly allowed to serve as a judge. But only for about 16 years, so it’s all cool. [Washington City Paper]
* “The first thing we do, let’s kill all the [Baby Boomer] lawyers.” [Law and More]
* A California lawsuit argues that pro-teacher policies in the state are hurting education. The defendants point to the fact that California’s educational administration and funding in the state is best described as a “sh*tshow.” Experts are fighting it out with some novel metrics. [The Expert Institute]
* * Elie talks about the new ad for cameras in the Supreme Court and the EPA’s power to regulate greenhouse gases on Legalese It! with Mike Sacks. Video embedded below… [Huffington Post Live]
* Judge Richard Leon’s decision in the NSA surveillance case is ripe for review by the D.C. Circuit, and given the court’s new make-up, we could see a very interesting result. Oh, to be an NSA agent listening in on those calls. [National Law Journal]
* With seven business days left until 2014, law firms all around the country are still desperately trying to get paid. Lawyers are working hard for the money — 83.5 cents to the dollar — so you better treat them right. [Wall Street Journal (sub. req.)]
* Who you gonna call? Your local bankruptcy attorney. Alston & Bird, currently housed in Heller’s old digs in Silicon Valley, will head to a new office whose former occupants include Dewey, and Howrey, and Brobeck, oh my! [Am Law Daily]
* Four were arrested in the tragic murder of attorney Dustin Friedland, and each is being held on $2 million bond. One of the alleged assailants has a history of putting guns to other people’s heads. [NJ Star-Ledger]
* “I think it would be wise for the NCAA to settle this now.” Thanks to the Ed O’Bannon lawsuit, the world of college sports will be forever changed, so all those video games you’ve got are now antiques. [CNBC]
* Tom Cruise settled his defamation lawsuit against a tabloid publisher over claims that he’d abandoned his daughter during the pendency of his divorce proceedings. Xenu is pleased by this announcement. [CNN]
If you haven’t been following the O’Bannon case, the former UCLA star heads up a group of current and former players suing the NCAA for improperly restraining players from negotiating the use of their own likenesses on everything from calendars and jerseys to broadcasting contracts and video games.
Judge Wilken’s ruling changes the landscape of the case and sets the parties on a collision course for trial in June. It also makes the NCAA very, very happy…
* A DWI attorney shows up to court drunk. Kicker? He was in the wrong courtroom. Still, the best way to defend a client is to stumble a mile in their shoes. [KRQE]
* A sitting appellate judge shares his poetic stylings. [Law Poetry]
* Here’s a brutally honest letter from a hypothetical senior Biglaw partner to a new associate. Since this week established that we need to point this out, this is a satirical letter. [Associate's Mind]
There have been a couple of major developments this week in the ongoing lawsuit that pits Ed O’Bannon, and a group of other former college athletes, against the NCAA, Electronic Arts, and the Collegiate Licensing Company. If you are not familiar with O’Bannon v. NCAA, Sports Illustrated has a good primer. O’Bannon is suing the NCAA for antitrust violations stemming from the NCAA’s alleged licensing of players’ likenesses.
The NCAA has been operating with impunity, profiting on the backs of an unpaid labor force, for decades. I cannot think of a worse organization in the country right now, and you know I don’t say that idly: not the ABA, not Sallie Mae, not the Catholic Church. No organization seems more dedicated to directly profiteering off of young people without providing for their best interests as the NCAA.
But finally, the law might step in and stop this very powerful organization from taking complete advantage of their “student-athletes”….
* Ed O’Bannon asks the NCAA to agree in writing not to retaliate against any current athlete that joins his lawsuit against the organization. How sad is it that a non-profit organization committed to helping students needs to be reminded not to retaliate against students? In other news, NCAA Football 14 (affiliate link) came out today. [USA Today]
* More SCOTUS Term analysis. Tom Goldstein, Adam Liptak, and Jess Bravin have been invited to explain to the Heritage Foundation what an awesome term it had. [Heritage]
* The Shelby County decision completely lacks any foundation for the argument that the Voting Rights Act violates the Constitution. Yeah, but besides that… [Lawyers, Guns & Money]
* What is wrong with soccer fans? Referee stabs player and then ends up like Ned Stark. [Legal Juice]
My dear sweet girlfriend Stephanie doesn’t understand sports. To nothing and no one in particular, she will say “How can anyone get upset over the results of a game?” I mentally catalog my responses. That it’s a shared culture and every result arrives like a cascade of memories, connecting fathers and sons and entire families. Place and time all wrapped up and held within a blowout victory or a narrow loss. I get frustrated. I realize that she could never understand this compulsion. I would have better luck explaining what the color blue is. Words fail me as this column attests to on a semi-weekly basis. And my mind instinctively reaches for every illogical thing she does, from the interminably long morning routine to the row of bras, neatly displayed on a table in her living room. Explain the bras, Stephanie! If you’re such a cold, calculating machine, explain the terrifyingly ordered row of bras on the table!
This all happens in the span of fifteen seconds. And at the end of the psychic meltdown, I look over and see Stephanie staring off into space, not caring about sports or even those who care about sports. She doesn’t care about the question or the answer, I realize.
My dear sweet girlfriend Stephanie trolls me on a regular basis.
* A Big Ten Commissioner filed a declaration claiming that the Big Ten will stop competitive collegiate athletics if Ed O’Bannon wins his lawsuit. This level of disingenuous blackmail is why we invented sanctions, people. [Sports Illustrated]
* On the heels of a federal judge allowing service through Facebook, a Texas lawmaker wants to make service of process over Facebook the rule rather than the exception. [IT-Lex]
* The next time you feel embarrassed by a U.S. politician, note that this Japanese city council member refuses to remove his wrestling mask. America doesn’t have anyone that clownish in office… she resigned the governorship in 2009. [Lowering the Bar]
* Everyone always talks about plain language contracts. Here’s how someone actually wrote “Terms and Conditions” that a user might actually read. [Associate's Mind]
* Once again, the Supreme Court comes down to the Breyer-Thomas coalition against the Scalia-Ginsburg coalition. [ABA Journal]
I don’t particularly like the NCAA and I enjoy their legal difficulties as much as the next guy. As a devout college sports fan, the usually arbitrary and always backward business side of the NCAA (including the affiliated schools and “non-profit” bowl associations) causes me great consternation.
Apparently, the incomparable Charles P. Pierce shares my disdain for the lumbering excuse for a fair and credible sanctioning body that currently governs collegiate athletics.
In a sharp Grantland piece, Pierce revisits the Ed O’Bannon-led class-action case against the NCAA and video game manufacturer EA over their combined efforts to profit in perpetuity from the likenesses of unpaid “student ath-o-letes.” (Take it away Eric Cartman!) But I think Pierce is overselling the extent to which a possible O’Bannon victory would really change the college sports landscape….
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
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.
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: