Florida

It’s got to be annoying for judges when lawmakers write laws that are designed to be so freaking vague that courts will be forced to fix them once the inevitable lawsuits come around.

Florida lawmakers are trying to make your Facebook account safe from your boss who wants to get his or her Orwellian hands all up in your personal business. The legislation prohibits employers from demanding your social media passwords as a condition of employment.

BUT… the business lobby has been able to force an amendment that still allows employers to demand your passwords if your account is used for a “business purpose.” What’s a “business purpose”? Nobody knows. It’s probably going to be whatever your boss says a “business purpose” is. Then, they’ll fire you, you’ll sue, and a judge will have to figure it all out, because the legislature couldn’t get its act together….

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My parents separated for a brief period of time when I was in the fourth grade. I don’t remember there being too much controversy over where I would be crashing as (a) the separation didn’t last long and (b) I was not exactly the prize pig over which anyone in their right mind would compete. Anyway, the one thing I remember about that time was how my dad treated me. My father, who had previously acted as the proximate cause in his son’s nervousness and irritable bowels, was now a prince among men. He took me to a basketball game and laughed at my jokes in a deeply insincere way. If you ask me, this is the highest compliment another person can pay you.

I tell this story to establish my bona fides in the areas of family law, custody disputes, and even the fathers’ rights movement. I’m pretty much an expert. In the past week, the issue of fathers’ rights has popped up in unusual ways and places. Fox News reported over the weekend that a group of fathers are suing the state of Utah over their adoption laws. Bode Miller, meanwhile, won a bronze medal on Sunday, which prompted Slate to reprint an Emily Bazelon post on Miller’s odd custody dispute. And finally, a law firm in Florida has elevated fathers’ rights to perhaps its highest purpose: marketing.

The question posed by all of this is what if, with all apologies to Shaq Fu, the biological does bother?

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Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will still be publishing, but less frequently than usual. We will be back in full force tomorrow.

* With a perfect record for equality post-Windsor and four appellate courts soon set to rule, it looks like the Supreme Court will get a second bite at the gay marriage apple by 2015. [National Law Journal]

* Per Am Law, Mayer Brown just posted its highest profits ever. Maybe that’s one of the reasons the NSA’s thunder from down under, the Australian Signals Directorate, was spying on it. [New York Times]

* For Asian American women, Biglaw’s “bamboo ceiling” may be just as tough to crack as its glass ceiling. What’s that? Find out by reading Helen Wan’s book, The Partner Track (affiliate link). [Washington Post]

* Haller Jackson, the law clerk accused of attempted aggravated rape of a minor, has been in and out of court. His defense team filed a motion to suppress a purported confession. MOAR info, plz! [Slabbed]

* Controversy alert: Michael Dunn was convicted of four out of five charges, including three counts of attempted murder, in Florida’s “loud music” trial, but the jury was hung on the murder charge. Lame. [CNN]


Earlier this week, we asked readers to submit possible captions for this picture of an egregious typo sent out by the admissions office of the St. Thomas University School of Law (click on the image to enlarge it):

Now that you’ve voted on the finalists, it’s time to announce the winner of our contest….

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On Monday, we asked readers to submit possible captions for this picture of an egregious typo sent out by the admissions office of the St. Thomas University School of Law (click on the image to enlarge it):

Let’s have a look at what our readers came up with, and vote on the finalists….

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It’s fine if we are not all that popular. There is a reason why the Constitution gives federal judges life tenure. We are supposed to do our jobs without worrying whether our decisions are pleasing to anybody.

– Justice Samuel Alito, in comments made in reference to the Supreme Court’s 44 percent approval rating during a speech made in Florida at a luncheon of the Forum Club of the Palm Beaches and the Palm Beach County Bar Association.

Only you can prevent lateral fires.

* There will be filibusters: Victoria Nourse, a Georgetown Law professor whose nomination to the Seventh Circuit was blocked, thinks the political move will remain intact for SCOTUS nominees. [Legal Times]

* The Tenth Circuit politely pwned Roberta Kaplan. Her bid to intervene in the Utah same-sex marriage case before the court was rejected. Guess she’ll have settle for writing an amicus brief. [Salt Lake Tribune]

* Are laterals killing your firm? It happened to Dewey, and it could happen to you. Only you can prevent lateral fires. Take the pledge and show your commitment to lateral fire prevention. [American Lawyer]

* Lawyers are worried about what’s been going down at the storied Canadian firm of Heenan Blaikie. A third of its partners did the dip over the weekend amid financial troubles. Sounds familiar… [Ottawa Citizen]

* Women are slowly but surely working to close the gender gap in the law — well, at least they are in South Florida. It seems to be working, though, so feel free to follow their lead. [Daily Business Review]

* “Just because you can’t make the world a perfectly fair place doesn’t mean you can’t make it fairer.” If you really liked socialized health care, then you’re going to absolutely love socialized law. [New Republic]

* If your LSAT score is in the 160 range and you’re writing to an advice columnist to figure out what to do next, then you are the most special of all the little snowflakes. [Law Admissions Lowdown / U.S. News]

Who doesn’t love a good typo? We certainly do here at Above the Law (which is why we make so many; we’re just trying to amuse you — and to test the proofreading skills of the commenters).

Typos can be quite funny, especially when committed by leading law firms. As long as they don’t hurt your clients by costing them millions, they generally amount to harmless fun.

Everyone knows that typos happen — like a certain other thing. Which brings us to today’s caption contest….

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* This is the place where we pretend to be shocked that Chris Christie abused his power. [New York Times]

* Remember the Super Bowl Shuffle? Now there’s a lawsuit over it. Proving even terrible art can give rise to litigation. [Business Wire]

* Miami criminal defense attorney Michael Grieco thought he was representing Justin Bieber and let all the media outlets know it. Well, he’s not. [South Florida Lawyers]

* Listen up, law review editors! This is how you avoid making authors angry. [Nancy Rapoport's Blog]

* John Yoo for Dean of Boalt Hall? OK, maybe not, but here are the finalists for the position. [Nuts & Boalts]

* California is eyeing a referendum to allow affirmative action considerations to be employed in college admissions for the first time in almost 20 years. Surely the same people who passed Prop 8 will be enlightened enough to do something proactive about systemic discrimination. [Chronicle of Higher Education]

* The art of negotiation and terrible cigars. [Katz Justice]

* And I joined Mike Sacks and Jessica Mederson on Legalese It! today. So check out our rousing discussion of the State of the Union v. Supreme Court, Foxy Knoxy’s extradition fears, and California’s decision to keep disgraced journalist Stephen Glass out of the legal profession. Video below… [HuffPost Live]

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Ed. note: This is the latest installment in a series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Scott Hodes is a Principal in Lateral Link’s South Eastern office. He utilizes his experience as a former partner to help partners and associates make lateral leaps in the Florida and Atlanta markets.

With the new year upon us, we look back at an exciting 2013 as we have witnessed a resurgence in the legal industry after enduring a rocky time during the recent recession. As economic and labor market conditions improve, many firms are seeing sustained signs of growth, especially in the South Florida market.

As evidence of this growth trend, one need not look any further than Miami-based Akerman Senterfitt, now known as Akerman LLP. With more than 550 lawyers and government affairs professionals, Akerman recently became the largest law firm in South Florida based on number of attorneys, eclipsing Greenberg Traurig. Akerman reported its third consecutive year of growth, with record gross revenues of $297.5 million and net income of $109.3 million for the 2013 fiscal year. From January 1, 2013, to date, 65 attorneys, including 19 partners, have lateraled in to the firm. During that same time period, only seven attorneys departed the firm.

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