Recently, we’ve seen an increasing amount of discussion and controversy about businesses that force people to give up access to private social media information for things like job interviews, and courts that make litigants hand over login info to the opposition.
Now, according to a recent story from across the pond, certain British drinking establishments are asking prospective patrons to pony up their smartphones so bouncers can cross-check their IDs with their Facebook pages. Putting aside the real news here — the fact that apparently 6-year-olds can no longer drink alcohol in English pubs — let’s take a look at the interesting privacy implications this raises…
* The Am Law numbers are out. PPP is up 3 percent. Dollar, dollar bill y’all. [American Lawyer]
* Hasbro — the makers of Nerf guns, a.k.a. the best toys ever — apparently hired some Baker & McKenzie attorneys to intimidate a guy who runs an Australian Nerf fan site. I hope they “intimidated” him with Nerf guns, because it would be funny, and no one would actually get hurt. [Crikey]
* At 85 years old, Congressman (and Georgetown Law grad) John Dingell learned that “teabagging” doesn’t mean what he thinks it means. Better late than never! [The Daily Dolt]
* I’m surprised that there are enough businesses horrible brave enough to ask for potential employees’ personal electronic information that it necessitates legislation. But I’m not complaining. [RedTape / MSNBC]
* Finding out that repeated concussions and head injuries may cause long-term brain damage is only surprising to people who have suffered repeated concussions and head injuries. [LexisNexis]
* A 14-year-old Georgia girl and her parents have sued some of her classmates because they acted like bitches on Facebook. Are these girls bullies? Yep. Is it the proper solution to turn the situation into 90210: Courtroom Edition? I still don’t think so. [Threat Level / Wired]
* Support local businesses, like your high-end neighborhood brothel. The Manhattan Madam is now accepting donations… to help her make bail by Mother’s Day. [Dealbreaker]
* Vote for Lat as the most likeable lawyer of 2012! [Likeable U]
* Elsewhere in social-media news, thank God for this ruling. Otherwise, everyone we know would be fired and in jail. [WSJ Law Blog]
* If you still aren’t on Twitter, here’s another reason you should jump on the bandwagon. You never know when your boyfriend might get kidnapped in South Africa and thrown in the trunk of a car, and you have to tweet the kidnappers’ license plate so he can be rescued. [Ars Technica]
* With help from Fenwick & West, Facebook snatched up Instagram in a $1B deal that closed in just 54 hours. That’s a big accomplishment, but the bigger one was valuing a company that helps f**k up your photos at such a high price. [Am Law Daily]
* Senator Dick Durbin is trying to collect stories about soul-crushing law school debt in an effort to reform lending laws, but law students and new lawyers aren’t speaking up about the problem. Hey, Dick, it’s time to start reading Above the Law. [National Law Journal]
* Apparently sarcasm is lost upon mention of George Zimmerman, so let’s play this one straight. The man who shot and killed Trayvon Martin has set up a website to solicit money for his defense fund. Actually, that’s a pretty great punchline on its own. [MSNBC]
* A judge has refused to reduce accused “Millionaire Madam” Anna Gristina’s $2M bail. With her alleged clientele, you’d think she’d be able to afford it. Come on, John Edwards gets $400 haircuts. He’s probably willing to pay top dollar for his call girls. [Bloomberg]
* Amanda Bynes wasn’t drunk on alcohol, she was drunk on emotions, claims her daddy. That’s a defense that will totally stand up in court on a DUI charge. [New York Daily News]
At this point, there is a plethora of viable excuses in litigation to gain access to your opponents’ Facebook pages. Divorce, workplace discrimination, you name it, you can probably gain access somehow.
That said, most often it is defendants asking for social media access, not plaintiffs.
So we were intrigued to hear about a recent decision that allowed a plaintiff unsupervised access to the Facebook account of the man he sued for punching him in the face during a soccer game gone wrong. Why did he get access? Just for the heck of it….
* “I think that you know what the president said … was appropriate.” While the DOJ scrambles to meet Judge Smith’s memo deadline, Attorney General Eric Holder is busy defending Obama’s con law faux pas. [CNN]
* Six more partners have fled from Dewey & LeBoeuf, bringing the grand total of partner defections to at least 46 since January. Good Lord, somebody needs to get this firm a freakin’ tourniquet. [Wall Street Journal]
* Facebook filed a motion to dismiss Paul Ceglia’s ownership claims, but he isn’t going anywhere soon. Ceglia’s got two months to submit expert reports as to the authenticity of his fake contract. [Associated Press]
* Joe Jamail, “America’s richest practicing lawyer,” donated his $3M law library to TSU’s Thurgood Marshall School of Law. Now students can learn more so they don’t have to sue over being graded on a curve. [Fox]
* McDonald’s doesn’t have to worry about its G-rated Happy Meal toys in California anymore. It’s that XXX-rated lawsuit over a former employee’s “Filet-O-Fish” that the company’s really got to keep an eye on. [Reuters]
Over the last several months, we have spent a lot of digital ink covering Paul Ceglia’s goofy lawsuit claiming 50 percent ownership of Facebook. In that case, we tend to believe Facebook is in the right.
But now it appears that the social media behemoth has caught its own case of silly litigation fever.
Facebook has taken legal action against the makers of a web-browsing widget that allegedly violates its terms of service. And its Biglaw attorneys may have caught an innocent internet commenter in the crossfire….
After writing about enough jurors who get in trouble for posting about their cases online, one begins to feel like Tom Smykowski in Office Space, desperately and hopelessly trying to justify his job to the Bobs. It seems so simple, but no one seems to get it.
You can’t talk about the case on Facebook! Can’t you understand it? What is the hell is wrong with you people?!
This week, we have two more cases of idiot jurors in California and Colorado who simply could not resist going to Facebook to say, ironically, the same thing about the cases they were hearing.
What did they have to say? What kind of titillating trials were they supposed to decide while they were iPhoning instead? And more importantly, how did the attorneys in the cases respond?
Attorneys for Facebook went on the offensive yesterday, filing a bold motion to dismiss Paul Ceglia’s lawsuit, which claims a 50 percent ownership stake in the company.
Among other things, the motion, which is a product of an extensive forensic investigation, calls Ceglia’s case “a fraud and a lie.”
I am excited to see this motion, and I hope it succeeds. Ceglia and his cockamamie lawsuit have had their day in the sun. It’s time for Mark Z. to move on to bigger and better things, like handling the company’s impending IPO and fixing the stupid Timeline, which is currently only useful for seeing exactly how terrible my friends’ tastes in music are.
Anyway, let’s look at Facebook’s extensive allegations, as well as Ceglia’s unsurprisingly oddball responses….
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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, 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.