* Shashank Tripathi appears to be behind the fake tweets about the flooding of the New York Stock Exchange. Is that protected speech or (wait for it) DID HE JUST SAY “FIRE” IN A CROWDED THEATER??????? [Gigaom]
* But to be clear, Romney is free to lie as much as he wants. Political speech, even misleading speech, is clearly protected. [ABA Journal]
* Just to be clear, because I know “low information” voters are easily confused, “Government” are the people going around trying to help you out in the storm. “PRIVATE BUSINESS,” in this case insurance companies, are the ones looking to screw you over and profit from the disaster. [New York Times]
* If you want to help the victims of Sandy (instead of just staring at pictures of their suffering like I do), you can. [Red Cross; NY Cares; Humane Society]
* Only now, at the end, do you understand the true power of Disney. Skadden helps Disney buy Star Wars. Now Lucas’s failure is complete. [Am Law Daily]
Last month, we discussed an interesting case that was pending before the New York Court of Appeals, the state’s highest court. The question presented: whether an adult entertainment club is entitled to a sales tax exemption for admission and lap dance fees under the theory that these dances qualify as “dramatic or musical arts performances.”
Flying with the speed of boobie tassels attached to a stripper gyrating furiously around a pole, the court handed down its ruling just a few short weeks after oral argument. Here’s what the court held….
We’ve mentioned the proposed changes to the Children’s Online Privacy Protection Rule before, which are currently under consideration by the FTC. The changes to COPPA, as it’s known for short, would require sites that collect personal information from children to secure written parental consent first. On first glance, it seems like a slam dunk: why wouldn’t we want to protect children’s privacy, and maybe put a dent in the absurd amount of tracking that constantly happens whenever anyone goes online?
Facebook is protesting parts of the rule, because the company says it would restrict the free speech of pre-teens who want to “like” articles online. Because heaven forbid children who technically aren’t even supposed to use Facebook have to voice approval in a manner that doesn’t involve clicking a little blue thumbs-up button….
I had packed up my things and was about to turn off the light. That’s when the phone rang here at the CircumcisionLawDesk. The shrill tone of the ring sounded more urgent than usual. I put down my box of Pulitzers and picked up the receiver.
“Hell-” “You’ve gotta write quick, Mister! Gawker ran a story on circumcision and it’s crazy!” I replied that I was too old for this game. Tracking down every circumcision tip had left me a hollow shell of a man. But the kid was insistent. “What about the babies???” Now you listen here, you sniveling punk, I said. I was never in it for the babies. Heck, I never could figure out just what I thought about circumcision. Mutilation, health, hygiene, aesthetics. The whole racket made my head spin. And that’s when the young punk said something that set me on my present course.
“There might be a lawsuit. Some Jews are crazy-mad about a new regulation passed by the City of New York and they’re threatening all kinds of holy hell over it. It’s not that New York is outlawing circumcision. It’s not about that. It’s that… well, it’s that some of these Jewish folks do something.” Out with it! “I can’t… I don’t wanna say… It’s that these Jewish fellas, some of them… Well…”
There are some great perks to working for Google, a company pushing the boundaries of technology. But there’s also a downside to being at the bleeding edge of innovation: some countries might try to hold you back… with handcuffs. This week, police in Sao Paolo detained Brazilian Google chief Fabio Jose Silva Coelho, releasing him only after he promised to appear in court over YouTube videos that violate Brazilian election laws. A judge ordered that the videos in question, which say nasty things about a mayoral candidate, be taken down; Google ignored the order, likely hoping to export American free speech values abroad. Coelho is now in the Brazilian doghouse for the crime of “disobedience.”
The ploy worked. Google caved shortly after Coelho was released.
Google likes to argue that it’s not responsible for the content that its users post, but that argument doesn’t always fly abroad. This is not the first time a Google exec has wound up in trouble over a YouTube posting disliked by local authorities. Three execs became convicts in Italy thanks to a 2006 incident.
* Someone was finally able to liken the Scalia v. Posner debate to a suitable situation: bitchy mean girls fighting each other in a middle school cafeteria. Seriously, only the inclusion of “like” throughout the entirety of the dialogue could’ve made it better. [lawprofblawg]
* Who pays your law professors’ salary? The obvious answer is law students, since professorial wallets are padded by tuition dollars. But what happens when IBR comes into play and loan debts are forgiven? Then the answer shifts to the taxpayers. [PrawfsBlawg]
* When Derek Boogaard of the New York Rangers died, everyone was expecting that a lawsuit would be filed, but no one really thought that it would be one based on contract law. [New York Law and Legal Analysis Blog]
* What kind of case “really turn[s] on” everyone’s favorite First Amendment lawyer? Free speech cases that are riddled with challenges, of course, and questions about what does and doesn’t constitute porn. [Vegas Inc]
* You must be wondering where Above the Law fell on this ranking of the 15 Most Influential Law Blogs. We won’t give it away, but let’s just say that we now share something in common with Cooley. [Business Insider]
* “[S]ome dude with the munchies is getting a little legal education.” That’s what we thought when one of our top searches last week was “pictures of tacos” — and not even “duck tacos,” but regular ones. [Search Party]
After what feels like years of schools trying to regulate every aspect of children’s social media lives, it looks as though we may have finally hit a threshold. There may actually be an electronic bridge that schools cannot cross in their attempts to spy on educate underage students.
In a particularly egregious case, a Minnesota federal court handed down a ruling that protects off-campus speech and prohibits schools from forcing students to hand over private login information. The ruling will hopefully put the kibosh on a practice that never should have been acceptable to begin with…
Stripping is supposed to be a lucrative profession — just look at all of the law students racing to the poles in the hopes of obtaining gainful employment. And in some states, bumping and grinding on stage while wearing six-inch lucite heels is even considered an artful expression worthy of protection under the First Amendment. Unfortunately, two lawsuits in New York and Texas threaten to sabotage the erotic striptease entertainment that we’ve all come to know and love.
New York’s highest court is currently considering whether an adult club is entitled to a sales tax exemption for lap dances under the theory that they qualify as “dramatic or musical arts performances.” Meanwhile, in the Lone Star state, a plaintiff in a federal class action suit claims that strippers are misclassified as independent contractors and being forced to live on tips alone.
Now that we’ve greased the pole, let’s get ready for a feature performance from both of these suits….
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: email@example.com.
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.