* If you’re looking for an easy résumé line, then consider joining the Supreme Court bar, an elite organization that doesn’t check to see if its members are still alive. All you need is three years of practice, two signatures, and $200. [Associated Press]
* Stanley Chesley, the master of disaster himself, was disbarred for his “shocking and reprehensible” conduct in a fen-phen case. His wife, U.S. District Court Judge Susan Dlott of the Southern District of Ohio, must be oh so pleased. [Courier-Journal]
* Howrey like dem apples now? Some of Howrey’s former partners, including ex-chairman Robert Ryuak, all lined up to make deals to delay lawsuits from the firm’s bankruptcy trustee, Allan Diamond. [WSJ Law Blog (sub. req.)]
* This Biglaw firm’s future was just a little bit dimmer in 2012, with a 4.9 percent dip in profits per equity partner. This is unexpected from Milbank, a number 3 seed in our March Madness competition. [Am Law Daily]
* The NRA’s New York affiliate filed suit challenging the state’s new gun laws, claiming that a ban on assault weapons violates the Second Amendment — because this is clearly what the founders intended. [Reuters]
* Raj Rajaratnam’s younger brother, Rengan Rajaratnam, was indicted yesterday in a federal insider-trading scheme tied to the Galleon case. You can’t fault the guy, he was just trying to keep it in the family. [Bloomberg]
* Sorry, Dean Boland, but you’re not going anywhere. A judge denied the attorney’s request to withdraw from Paul Ceglia’s Facebook case. He must be wishing there were a dislike button now. [Law 360 (sub. req.)]
* 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]
Facebook has an important role in modern society, specifically sharing baby/cat pictures and facilitating high school reunion planning. Oh, and disappointing amateur investors.
Now, in at least one case, the government will use Facebook to serve defendants.
The decision reflects the growing faith in the reliability of electronic messaging, taking jurisprudence further down the path started when courts began recognizing email service. On the other hand, Facebook’s messaging kind of blows. I constantly find messages in my inbox days after they were sent.
I assume service is effected by uploading a picture of the filing and tagging it “You”….
* Palestinian prisoners are smuggling spooge out of prison to make babies on the outside. The article raises some fascinating legal and ethical questions, but thankfully fails to explain the logistics of the scheme. [Bill of Health / Harvard Law Petrie-Flom Center]
* Florida is looking into the question of whether judges and attorneys can be Facebook friends. But it’s so useful to have real-time feedback of which arguments that judge is going to “Like.” [IT-Lex]
* The government has indicted a lawyer on charges of bankrolling a synthetic marijuana operation. So real-life Kentucky is just like Justified Kentucky. [USA Today]
* The defense of Oscar Pistorius springs back and has a good day. [Deadspin]
* This article about KU Law Professor Stephen Ware’s arrest on domestic abuse charges sounds bad, but he’s actually a hero for putting together an elaborate and interactive issue-spotting exam for his final. [6 News Lawrence]
* This will be fun. What are the weirdest constitutional arguments ever asserted in court? [Volokh Conspiracy]
* Former Senator Pete Dominici admits that he’s the father of Vegas lawyer Adam Laxalt of Lewis and Roca. While a Senator for New Mexico, Dominici was nailing the daughter of Nevada Senator Paul Laxalt… just to be neighborly. [Reno Gazette-Journal]
It sucks when your client is caught on video selling 99% pure meth to an undercover DEA agent. It sucks even more when he decides to turn in the kingpin in exchange for a shorter sentence, and the guy he names is also your client.
– An ex-Skadden lawyer turned criminal defense attorney.
Here’s a little fact that’ll make some of our readers feel old: Facebook, the world’s largest social media conglomerate, celebrated its ninth birthday yesterday. Being that it’s almost been around for a decade, the site’s been there with some of our younger readers throughout college, law school, bar exam hell, law jobs (or the lack thereof), engagements, weddings, babies, and more.
In celebration of Facebook’s birthday, the good people over at BuzzFeed did some stalking research on the site’s very first users, all 25 of them. As it turns out, some of them went on to become lawyers. But where did they go to law school, and which firms are they at today?
Let’s do something Facebook would never do — invade their privacy — and find out….
A good chunk of America was Googling “class action” this weekend thanks to Facebook. Millions of the site’s users received an email in the last few days with the subject “Re: LEGAL NOTICE OF SETTLEMENT OF CLASS ACTION.” Those that didn’t immediately delete it as spam discovered they’re entitled to up to $10 from the social networking giant for putting them in “Sponsored Story” ads. That’s when Facebook takes something you Liked or a link you posted and uses it in an ad aimed at your friends. (So, word to the wise, never ever post a link on Facebook to a 55-gallon gallon drum of sex lube.)
Fraley v. Facebook, the class action lawsuit that could make a bunch of Facebook users a little richer and a bunch of class action lawyers (led by Robert Arns) a lot richer, was filed in California in 2011 by an enterprising group of plaintiffs led by seamstress Angel Fraley, shortly after “Sponsored Stories” launched. They claimed the company had violated the law by using their names and likenesses in ads without their permission and without paying them. (Lead plaintiff Fraley later dropped out of the suit citing Facebook lawyers’ aggressive tactics, which basically consisted of digging up embarrassing material about her from her profile page.)
Facebook and the plaintiffs settled the suit in December to the tune of $20 million. That $20 million is covering the class action lawyers’ fees ($7.5 million plus expenses), with the rest either being divvied up among approximately 125 million presumably-aggrieved Facebook users who appeared in Sponsored Stories ads, or, if the demand is too great, divided by a bunch of non-profits that work on privacy issues. If the amount of money divided by the number of claimants comes out to less than $4.99 each, the money goes to the non-profits, who surely must be in the midst of planning a major “Rock The Claim” campaign. Unfortunately, I can’t help out.
In a way, I’m surprised we don’t have more stories about people posting their grades on social media sites. The kids are already using Facebook and Twitter as a running diary of their lives, so you’d expect there to be more instances where people throw their law school transcripts up on the internet.
In fact, let me ask the question this way: why wouldn’t you post your grades on Facebook? They’re clearly important to you. If you did well, you can brag about them just as surely as one of your friends is bragging about the exploits of their kids or dogs. If you did poorly, you can seek the solace of friends who you don’t actually like well enough to have a beer with. Why wouldn’t you post them?
The obvious answers seem painfully old-timey. “It’s in poor taste to brag about your grades.” “Your transcript should be private.” “You got an ‘A’? Go f**k yourself.” These are the thoughts of a previous generation. For the Facebook generation… I mean, have you seen what people post? This is nothing.
A law student decided to post his solid grades on Facebook. I bet you can guess what school we’re talking about. Let’s just say that it’s a school that seems to admit students who like to draw attention to themselves when things are going well by subtly upturning their collars….
* Is this contract for sex based on Facebook likes enforceable? [Gawker]
* Speaking of unenforceable contracts, what in the hell does Bilbo sign before his unexpectedly long journey? [Wired]
* And Jesus, you certainly can’t barter legal services for sex! I think everybody needs to go home and read the Second Restatement. [Indianapolis Star]
* Now you can hear for yourself the three words that Clarence Thomas spoke. It’s at the 41-minute mark. [The Supreme Court]
* Ms. JD is offering lawyers and law students the chance to submit questions to ABA President Laurel Bellows that will be answered at an event on January 31 (with viewing parties around the country). [Ms. JD]
* How to answer a question when an interviewer asks you something that you don’t have to answer. [Lawyers.com]
* Litigation can be a good excuse to get your client to do things they should have been doing all along. [What About Clients?]
* North Carolina dean claims she was forced to underreport sexual assaults at the college. When reached for comment, the Duke Lacrosse team said, “We kind of have the opposite problem.” [Salon]
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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 six years. You can reach them by email: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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