* 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]
Too funny. So it seems that a certain unnamed (very) recent Heisman Trophy winner from a certain unnamed “college” down south of here got a gift from the Ennis P.D. while he was speeding on the 287 bypass yesterday. It appears that even though the OU defense couldn’t stop him, the City of Ennis P.D. is a different story altogether. Time to grow up/slow down young ‘un. You got your whole life/career ahead of you. Gig Em indeed.
Last week, Netflix announced that it received a Wells notice from the SEC. Apparently, while the SEC was cruising Facebook (what else is there to do while neglecting to investigate Wall Street?), someone noticed Netflix CEO Reed Hastings posting that Netflix had surpassed one billion hours of streaming old episodes of Facts of Life to shut ins.
The SEC staff thinks Hastings disclosed material information in this Facebook post, possibly violating Reg FD, the 2000 regulation that put a stop to companies giving an advantage to small subsets of investors by disclosing material information between blowing rails of coke off strippers.
But Facebook isn’t a seedy strip club full of free drugs and prostitutes (read: Christian Mingle). Reed Hastings has over 200,000 “fans,” many of whom are analysts and reporters. In pursuing enforcement without exercising a little discretion, the SEC ignores these facts.
Netflix is arguing that the disclosure was not material and that most investors knew that the CEO’s Facebook page is recognized as an avenue for public disclosure.
Regardless of the specific resolution of this matter, this is one more reminder that the SEC is woefully behind when it comes to adapting to technological developments. Like, oh I don’t know, HFT perhaps?
If there were such a thing as the perfect benchslap, this would probably be it. It comes from the great state of Texas, where federal judges are prone to calling attorneys stupid attention whores, where invitations to “kindergarten parties” are issued to lawyers who can’t be civil with their adversaries, and where judges order each other to “shut up” in open court.
And now, for your viewing pleasure, we present this gem….
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 seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.