‘This herpes thing is less embarrassing than my 72-day marriage to Kim Kardashian.’
* Want to know what they call the Supreme Court attorney who deals with requests for stays of execution? The death clerk. Paging John Grisham, because this guy’s nickname would make a great book title. [New York Times]
* “If you’re going to sue, it’s better to sue earlier rather than later.” Probably why battleground states like Florida, Iowa, Nevada, Ohio, Pennsylvania, and Wisconsin are in a tizzy over their election laws. [Washington Post]
* WikiLeaks or it didn’t happen: Bradley Manning’s lawyer has demanded that seven years be cut from his client’s prospective sentence due to allegations of improper treatment while in military custody. [The Guardian]
* Michigan Law’s Sarah Zearfoss, she of Wolverine Scholars fame, finds media coverage about the awful job market for recent law grads “really frustrating.” Try being unemployed. [Crain's Detroit Business (reg. req.)]
* Kris Humphries is being sued for allegedly giving a girl herpes. But alas, the plaintiff seems to have no idea who actually gave her the herp — four John Doe defendants are identified in the complaint, too. [Star Tribune]
* “Given the police idiocy, one wonders where the boobs really are.” A nude model who was arrested during a body-painting exhibition in Times Square won a $15K false-arrest settlement from the cops. [New York Post]
At the end of last week, I wrote about an interesting campaign video for Jim Foley, an attorney running for a state judge position in Olympia, Washington. At first I wasn’t sure what I thought about it — was it ridiculous, or awesome, or both? But the longer the video’s rap hook stays in my head, the more sure I am of how great it is.
So, imagine our pleasant surprise here at ATL when we got an email over the weekend from Jim Foley himself. He provided a couple of interesting details about his campaign ad: who’s the mysterious rapping woman? Who were the boys sharing his delicious stew? What exactly are the lyrics to the song?
When you consider what would make a qualified state judge, what comes to mind? Empathy, lots of in-court experience, evenhandedness, fairness?
Pssh. I think we all really want a judge who bench presses in a tank top with his name on it, builds boats at his house, and knows how to cook a stew. A colorful bowtie and rapping hype-girls are also important, of course.
That’s why Jim Foley, an attorney in Olympia, Washington, has created the wonkiest campaign ad we have seen in a while. Love it or hate it, watch the video and you will be singing, “Holy moley, I hear Jim Foley is running for judge in the city of Oly,” for the rest of the afternoon.
For a couple of centuries, we thought that American elections were precise: People voted; the government counted each vote; we knew which candidate received how many votes.
In the year 2000, we learned that elections are approximations. Votes are miscounted; chads dangle; we don’t in fact know precisely who received how many votes. Elections are a human process after all, and they can’t bear the weight when we insist on precision within the margin of error.
So, too, with litigation. I recently spoke to one of our outside litigators who had seemingly vanished from the face of the earth for several weeks. He told me that one of his clients had run into a now-typical e-discovery disaster: His client had overlooked some documents; a computer system had automatically deleted some other documents; when the client corrected the situation, it did so imperfectly; the judge (who came from a government background and had no experience in private civil litigation) was quick to spy “bad faith.” Why, this outside lawyer asked, don’t judges appreciate the difficulties presented by e-discovery?
My thesis (for today, anyway) is that e-discovery is like elections: It’s an approximation, and participants in litigation (parties, counsel, courts) should understand that it may not bear the weight when the judicial system insists on precision within the margin of error . . . .
Yesterday, we told you about the racial tension gripping Harvard Law School as they prepared to elect a new student government president. And by “gripping,” I mean “annoying the hell out of the HLS students who are trying to study.”
Despite calls to postpone yesterday’s election, the balloting proceeded as planned. We also invited Above the Law readers to vote for the new Harvard Law student leader.
It seems like both communities are in agreement. Cloying d-bags who throw around allegations of racism and impropriety have no business securing open bar events for thirsty law students….
Unbeknown to most of us, when Ted Kennedy died Harvard Law Professor Elizabeth Warren became the last liberal with balls. While other Democrats have been desperately trying to keep themselves in the good graces of Wall Street, Elizabeth Warren has been standing toe-to-toe with the bankers.
If she wins the nomination (if Martha Coakley runs again, Warren won’t even have to “campaign” for the nomination, she’ll run primary ads saying “Again? How stupid are you?”), the battle between Warren and the incumbent, Senator Scott “the Body” Brown, will be interesting.
But let’s say that the last Democrat can win in one of the last liberal bastions. It’ll mean another solid win for liberal women law professors during the Obama administration…
If you like gridlock (and as lawyers, you should love gridlock) last night was a big night for you. Thanks to a divided Congress and a weakened President, we shouldn’t be seeing any national legislation for some time. And even as Republicans enjoyed gains in state legislatures around the country, in many cases the State Attorney General office landed in the hands of Democrats. So even if something does managed to get passed, expected it to be gummed up in the courts for a good long while.
Looking at the contested races for Attorney General around the country, we’re seeing that the Tea Party message will still hasn’t been developed into a coherent strategy as to how government lawyers should approach their jobs.
One of the biggest State AG races was in New York, where Democrat Eric Schneiderman scored a victory over well funded city Republican, Dan Donovan. The weakness of Tea Party darling Carl Paladino at the top of the New York Republican ticket didn’t help Donovan’s chances.
In California, a very close A.G. race is showing a slight lead for Democrat Kamala Harris, over Republican Steve Cooley. They’re still counting absentee ballots out there, it’s that close.
But whatever, it’s easy to discount Democrat resilience in New York and California. But outside NYC and L.A., where the ostensibly real Americans live, the top lawyer races were split and didn’t support the “tsunami theory” of Republican domination being pushed by the mainstream media folks…
All things considered, I’m feeling pretty good this morning. It’s a lot easier to tear something down than to build something up. For over a year, the Tea Party has been like the developmentally disabled kid in kindergarten whose main talent is knocking over other people’s Lego creations. Now that they’ve got their own house of government, we’ll get to see what they can actually build. Seriously, let’s see them govern. Let’s see the actual legislation they pass. Yesterday was a loss for progressives, but it was also a loss for moderate Republicans. Obama can now continue to ignore his left, the TBD Republican nominee will be pulled to his or her right. Let’s see how that works out for the GOP in 2012.
Don’t get me wrong, I’m not Christine O’Donnell, I know the difference between winning and losing. If you hate gay people and pot why do you live in California? I feel like Justice Anthony Kennedy went to Wisconsin and personally executed Russ Feingold. But at the end of the day, I live in New York. Cuomo, Schumer, Gillibrand, new A.G. Eric Schneiderman, I mean if Boehner and friends get too annoying we could always secede.
There’s only one result from last night that seems totally idiotic. The good people of Iowa ousted all three of the judges targeted by out-of-state, anti-gay groups. Way to go Iowa, nice of you to let your random dislike of gay love to motivate you all the way to the polls…
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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