Edelson LLC

Well, it’s only taken a week for ExamSoft to go from a random company whose name you couldn’t remember one week after the bar exam to “ExamSoft: Destroyer Of Worlds.” Today we can report that the first lawsuit has been filed against the company. It won’t be the last.

This is going to be a fun ride, and we are only at the beginning. By next week I predict the counter-narrative to get rolling. Maybe a dean will pen a New York Times op-ed about how kids these days, with their computers and text machines and MyBooks, don’t know how to take “personal responsibility.” Somebody will say that it is the test takers’ fault, for buying a program and having the audacity to believe that it would work as intended.

Looking deeper into my crystal taco, as lawsuits proliferate, there will be a circuit split. The Second and the Seventh will affirm decisions against ExamSoft, while the Third and Fifth will reverse. The Third will say that we need to learn a powerful lesson about our over-reliance on technology, while the Fifth will hold that a reasonable person wouldn’t try to write an essay in the clouds: “that’s pure hogwash,” it’ll say.

Eventually this will get to the Supreme Court, which will rule, 5-4, to relieve ExamSoft of liability. Writing for the majority, Justice Alito will argue: “When a person, such as ExamSoft, fails so spectacularly in its duties, the key question is to determine if that person is a man or a woman. If male, the person’s own sense of shame will be punishment enough. But if female, the Court must teach a lasting lesson. Here, we find ExamSoft to be a male person, and therefore must reverse the trial courts. The students should clearly incorporate themselves if they wish to pursue further remedies.” Concurring in part, Scalia will tell us that the bar has become too easy of a test and ExamSoft merely introduced a greater barrier to entry. Breyer’s dissent will be something like: “I was robbed once just like these test takers and, goodness gracious, it was scary.”

Okay, you’re welcome. Now that we all know where this thing is going, we can savor the wonderful journey together. Let’s look at the first lawsuit….

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* Matt Levine describes how Dewey & LeBoeuf LLP should have taken a lesson from its clients and not used email so much while discussing possible frauds. [Bloomberg View]

* Should we be paying law student externs? Well, yeah, we should. That’s also the conclusion of Jay Edelson and Chandler Givens. [Legal Solutions Blog / Thomson Reuters]

* Speaking of Jay Edelson, his most recent high-profile case is a class action charging the now-defunct Mt. Gox — which stood for “The Magic: The Gathering Online Exchange” — with fraud in its loss of hundred of millions of dollars worth of Bitcoins. Hopefully he’s not getting a contingency in Bitcoin… because he could end up with about 20 cents for all his trouble. [PC World]

* The Legal Geeks have a podcast analyzing the legal issues involved in the recent Agents of SHIELD episode and podcast with Judge Matthew Sciarrino. [The Legal Geeks]

* Senator Ted Cruz continues discounting the value of a Harvard Law degree. This time on the subject of voting rights. [Election Law Blog]

* The Center for Public Integrity has won the Goldsmith Prize for Investigative Reporting for its work on the black lung controversy. We previously discussed CPI’s work examining the lengths Jackson Kelly went to in fighting to deny benefits to dying victims. Congratulations on the award and the great work! [Center for Public Integrity]

* The picture after the jump is probably not an appropriate way to talk about slavery.

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