You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from his phone and posted online. You start thinking not if, but when, shareholders will discover this embarrassment, how much it will cost the company and what legal action to take.
- Biglaw, Eric Holder, Google / Search Engines, Law Schools, Mergers and Acquisitions, Morning Docket, Technology, United Kingdom / Great Britain
* FBI Director James Comey is annoyed by Apple and Google marketing their encryption prowess for privacy’s sake — it’ll “allow people to place themselves beyond the law.” [WSJ Law Blog]
* White & Case just hopped aboard the onshore outsourcing train with its announcement that it would open a services center in Tampa, Florida. The move will create about 100 jobs, but we’d love to know how many it’s negating. [Tampa Bay Times]
* Slater & Gordon, the world’s first publicly traded law firm, has been on an “acquisition spree” in England. Earlier this month, it picked up a patent practice, and now it’s in talks with a litigation shop. [Am Law Daily]
* “Law school is a major gamble,” and people are more informed, but that somehow isn’t stopping people from applying. This is a great article to read if you’re still considering going all in. [New York Observer]
When you think of George Hamilton, if at all, you think of the walking precautionary example for artificial tanning. Maybe you think of Tom Hagen’s replacement as the Corleone Family lawyer in Godfather III (if you acknowledge that the movie exists). But there was a time in the 60s when George Hamilton was the bee’s knees and hob-knobbing with the rich and powerful.
And because he was an actor, Lyndon Johnson thought Hamilton was “running around with a bunch of homosexuals,” so the White House set the U.S. Supreme Court and — ironically — J. Edgar Hoover on the case of digging into George Hamilton’s private life. It’s like a “Stars — They’re Just Like Us” feature for the current administration — see, government spied on its people just as much in the 60s as it does today. It’s just back then knowing gay people made you “a potential terrorist” instead of “Bravo’s demographic.”
Thanks to a FOIA request at the heart of an Eastern District of Pennsylvania decision, this is all finally coming to light…
- 5th Circuit, Affirmative Action, Contract Attorneys, Free Speech, Music, Non-Sequiturs, Supreme Court, Technology
* After losing before the Supreme Court, the University of Texas affirmative action admissions program looked to be in serious trouble. But the Fifth Circuit just ruled that the UT policy met the strict-scrutiny analysis mandated by the Court. The lesson for Abigail Fisher is once more, “How about you get better grades instead of whining?” Or at least “Get politically connected.” [Chronicle of Higher Education]
* Apple agrees to a conditional $450 million settlement with the NYAG’s office in the e-book suit. So you might get some money back from the 50 Shades of Grey purchase. [Reuters]
* The Manassas city police have decided not to engage in kiddie porn pursuant to a warrant. Good for them. [Washington Post]
* “Judges are not deities. They are humans.” Let’s not tell Lat, the shock might kill him. [Katz Justice]
* The hell? Parents arrested for letting their 9-year-old go to the park alone? Suffocating parenting is bad enough without the government expecting it of parents. [Slate]
* CPAs are suing the IRS because the regulation of tax preparers lacks Congressional approval. Because we need more folks off the street claiming to be tax preparers. [TaxProf Blog]
* Lawyer and former South Carolina GOP executive director Todd Kincannon is under investigation by the South Carolina Office of Disciplinary Counsel for basically being a dick on Twitter. As Ken White notes, the First Amendment is all about giving guys like this a forum. [Slate]
* There’s a guy called the “Good-Grammar Bandit” out there and he’s a high priority target of the FBI? Allow me to take this opportunity to tell the FBI their doing a good job. [Lowering the Bar]
* Some folks have asked me incredulously about yesterday’s Non-Sequiturs item about Louisiana and Oregon allowing convictions with non-unanimous juries. So here’s some background on how that came to be. [Constitutional Accountability Center]
* Speaking of Louisiana, a lawyer has filed suit against Morris Bart, a major personal injury law firm, for unpaid wages. From what we’re hearing this may be the tip of the iceberg for these sorts of allegations — lots of people have been leaving the firm recently and that’s a recipe for complaints going both ways. [Louisiana Record]
* Florida may not regulate real guns any time soon, but one 11th Circuit judge is ready to regulate the hell out of shotgun pleadings! [South Florida Lawyers Blog]
* Lawyers are bad at social media. They’re bad at social reality, why did we expect them to be good at social virtuality? [CMS Wire]
* ADA’s father was kidnapped (and recovered). Yikes. [WRAL]
* A look at the legal issues in the most recent episode of Agents of S.H.I.E.L.D. If you saw it (and Captain America to the extent they are intertwined), you know there were some heavy legal issues at play. [Legal Geeks]
- Biglaw, Conferences / Symposia, Contempt, Dewey & LeBoeuf, Lateral Moves, Non-Sequiturs, Partner Issues, Television, Theater, Videos
* Congratulations to WilmerHale on landing former FBI director Robert Mueller, and congratulations to Mueller on his move (a homecoming of sorts; he was once a partner at Hale & Dorr, the “Hale” in “WilmerHale”). [DealBook / New York Times]
* A former television judge gets held in real-life contempt. [Memphis Commercial Appeal]
* “Have a Better Legal Career by Being Less of a Lawyer.” [Medium]
* This story of losing a client might contain lessons for lawyers. [BigLawRebel]
* As we previously mentioned, the SCOTUS-themed play Arguendo is coming to D.C., and there’s a discount code for ATL readers: WMATL, good for 15% off on previews, Friday nights, Saturday matinees, and Sunday evenings. Enjoy! [Woolly Mammoth]
Two years ago, on March 13, 2012, the venerable Encyclopaedia Britannica announced that its 2010 print edition – 32 volumes and 129 pounds — would be its last. Going forward, the internet, not bookshelves, would house Britannica’s wisdom. This week, On Remand looks back at the strange legacy of encyclopedias and one electronic encyclopedia’s recent entanglement with the FBI — with a guest appearance by Hitler.
First published in Edinburgh, Scotland in 1768, Britannica’s print version lasted 244 years. Owning a set showcased not only a family’s wealth, but also the family’s hopes that its Britannica-steeped children would move further up in society. Despite its pedigree, however, for many generations Britannica encyclopedias were sold door-to-door. As a result — and as shown by Monty Python – encyclopedia salesmen were more feared than burglars.
When Britannica announced it would cease publishing a print edition, it had already faced years of competition from Microsoft’s online encyclopedia Encarta. And by 2012, Wikipedia, the crowd-sourced, online, “free encyclopedia” was well established. While Britannica prides itself on careful editing and well-written articles authored by its stable of 4,000 expert contributors, Wikipedia is neither written nor edited by professionals. It is, however, updated continuously. Wikipedia’s 30 million articles dwarfs the Britannica’s 120,000 – while requiring not an inch of shelf space or costing a penny. In addition to entries for each Supreme Court Justice and other legal luminaries from David Boies to David Lat, Wikipedia covers essential subjects like Klingon and toilet paper orientation….
- Associate Advice, Biglaw, David Boies, Federal Judges, Gay, Gay Marriage, Morning Docket, Pregnancy / Paternity, Samuel Alito, SCOTUS, Supreme Court, Susman Godfrey, Technology, Ted Olson, Texas, Trials
* Choose your own adventure: Will you read this to see how many times Justice Alito recused himself during OT 2013? Or will you read this to see Justice Alito’s doofy-looking picture? [National Law Journal]
* Hackers took down the entire PACER system as well as various federal court websites on Friday. No, the FBI says it was “technical problems.” Oops, nope, still hackers. [Switch / Washington Post]
* It seems the best way to train new associates is to do the opposite of what Biglaw has been doing for decades. Take Stephen Susman’s word for it — you could probably end up with a $40k bonus. [The Careerist]
* “Everybody’s been very nice to us, even though we’re lawyers.” Shocker. David Boies, Ted Boutrous, and Ted Olson had fun at the Sundance Film Festival promoting “The Case Against 8.” [Associated Press]
* Finally, a happy ending to an absurd science experiment. Over the weekend, a judge ordered that Marlise Munoz, a brain-dead pregnant woman in Texas, be removed from her respirators and ventilators. [CNN]
Imagine this. You graduate from law school with a 4.0, the first person in your school’s history to do so. While in law school, you serve as editor-in-chief of the law review, win the moot court competition, and get a Ph.D.
You clerk for a federal appellate judge, followed by another circuit judge — this time a prominent feeder judge to the U.S. Supreme Court. You work as an associate at an elite law firm in a major city. You then return to your hometown and clerk for not one but two federal district court judges, to round out your already amazing résumé with some time in the trial court trenches.
And then you… get a Supreme Court clerkship? Or get charged with attempted aggravated rape and solicitation of a young child….
Fifth Circuit Court Of Appeals Upholds Decision That Warrantless Cell Phone Tracking Doesn’t Violate Fourth AmendmentBy Techdirt
The ongoing court battle over warrantless cell phone location tracking continues and the latest decision is another setback for the Fourth Amendment. The Fifth Circuit Court of Appeals held that individuals have no reasonable expectation of privacy over their location data. The decision states that location data is a “business record” created by private companies with the implicit consent of cell phone users and therefore are not subject to privacy protections.