Hell hath no fury like a patent practitioner romantically scorned.
* A senior litigation associate at Paul Hastings, Ryan Nier, has decided to participate in something called the Death Race, and it has nothing to do with the drive for partnership. This Death Race is 50-mile mountain endurance/obstacle race that takes somewhere between 24 and 48 straight hours to finish. Only a handful complete the race every year, and Nier is determined to be one of them. From what we’re told, Paul Hastings has been entirely supportive of Nier, which is cool because he’s using it as an opportunity to raise money for charity. But who knows how supportive they’ll be when they realize he won’t have Blackberry access on top of the mountain for 48 hours. For more information about the Death Race, check out the website. [The Death Race]
* Law student golfing across the U.S. So, I take it summer associate gigs are still scarce? [Golf.com]
* “Guess What the Air Force’s Chief of Sexual Assault Prevention Was Just Arrested For…” Hard to top that headline. [Lowering the Bar]
* Harper Lee suing over “To Kill a Mockingbird” (affiliate link), alleging that the son-in-law of her literary agent botched the copyright. *Insert cheap Atticus Finch joke here* [Washington Post]
* Gigi Jordan case gets even uglier with misconduct charges flying around. [Thompson Reuters News & Insight]
* Dr. Phil is suing Gawker alleging that the website posted a video of the pop psychologist’s interview with Manti Te’o, stifling ratings. So Dr. Phil thinks his audience strongly overlaps with Gawker’s. I’m incredulous. [Yahoo! Sports]
* This is why an over-aggressive cease and desist letter can get you into more trouble. Enter the world of the “miniature war-gaming community.” [Popehat]
* A guide to the questions applicants need to be able to answer at OCI. The best? “Describe a situation when you had to think on your feet to extricate yourself from a difficult situation.” This provides insight into how the applicant will deal with virtually every situation that ever comes up in Biglaw. [Ms. JD]
It has long been the case in Hong Kong that most UK law firms and a very small minority of US law firms have three month notice periods for their US associates built into their employment contracts. But until about 18 months ago it was not common for any firm to enforce a three month notice period when a US associate left solo[…]
Justice Sotomayor spoke at a writer’s conference in New York yesterday. Here’s an account of what she had to say (plus pictures).
Basketball, Continuing Legal Education / CLE, David Boies, Drinking, Drudge Report, Election Law, Eugene Volokh, Free Speech, Law Schools, Non-Sequiturs, Police, Politics, Racism, Sports, Women's Issues
* Eugene Volokh analyzes the free-speech issues raised by the prosecution of Anya Bargh, the UConn law student accused of sending anti-Semitic and racist emails. [Volokh Conspiracy]
* Lawyerist thinks you suck, not the gunners. Discuss. [Lawyerist]
* Law and the Multiverse now has CLE courses about comic books. Maintaining this license just got that much easier. [Law and the Multiverse]
* Some new developments in the Ed O’Bannon case against the NCAA. Basically, discovery has not been kind to the NCAA. [Bloomberg]
* All the editors-in-chief at Michigan Law are women. Now, if another 90 or so journals follow suit, Staci’s article will seem outdated. [Michigan Law]
* Ruh-roh. Did David Boies blow the lid off campaign spending limits last cycle? [Huffington Post]
* No, Mike Bloomberg was not denied a slice of pizza yesterday. [Gawker]
* WARNING: If you understand math, the latest from NYPD Commissioner Ray Kelly will annoy the hell out of you. [PrawfsBlawg]
* Man injured in a drunken fight sues the bar that he says should have cut him off. [Overlawyered]
FCC makes an entirely reasonable decision. I’m woozy.
Bankruptcy, Barack Obama, Biglaw, Confirmations, D.C. Circuit, Deaths, Federal Judges, Free Speech, Howrey LLP, Job Searches, Law Schools, Morning Docket, State Attorneys General, United Kingdom / Great Britain
* President Obama apologized to Kamala Harris after referring to her as the “best-looking attorney general in the country.” We’re guessing the First Lady was none too pleased with her husband’s behavior. [New York Times]
* If you’re unemployed (or were the victim of a recent layoff), try to keep your head up, because there’s still hope for you. According to the Bureau of Labor Statistics, the legal sector added 2,000 jobs last month. [Am Law Daily]
* The 10 percent vacancy rate on the nation’s federal courts is unacceptable and the New York Times is ON IT. Perhaps D.C. Circuit hopeful Sri Srinivasan will have some luck at this week’s judicial confirmation hearing. [New York Times]
* Shine bright like A. Diamond: Howrey’s bankruptcy trustee is still trying to get “unfinished business” settlements from several Biglaw firms, but managed to secure funds from ALAS. [Capital Business / Washington Post]
* Contrary to what law deans tell you in the op-ed pages, if you want to work as a real lawyer, it actually matters where you go to law school. We’ll probably have more on this later today. [National Law Journal]
* Cooley Law took a hard hit in the appeal of its defamation case against Rockstar05, and now the disgruntled blogger may seek a dismissal. Score one for anonymous online speech! [Ars Technica]
* Margaret Thatcher, Great Britain’s first female Prime Minister, RIP. [CNN]
My father is a military man. Accordingly, all things in life, from mundane trips to the grocery store to complex life decisions like planning for and choosing a college, was subject to careful, deliberate planning. Digesting evidence and facts was a far better road than the proverbial “crossing of fingers” and trusting that “it will all work out for the best.” Former NYC mayor Rudolph Guiliani said it best when he announced that “Hope is not a strategy.”
I was reminded of this adage when reading a few industry reports compiling data points about corporate legal departments and the ever –increasing complexity of the regulatory environment. Here are some shockers:
The high-profile Harvard law professor fails to prevail in a First Amendment case in Nevada.
Free speech, football, and trees.
Virginia Supreme Court holds that lawyers can blog about their clients. This is awesome. Lawyers writing about their clients without their consent sounds like it will produce endless ATL fodder.
Another day, another effort from the nanny state to restrict violent video games.
Is a 40 percent bar exam passage rate too much to ask of a law school?
* Above the Law promotes real-world change! Complaint filed against a Texas judge after Elie calls him out for being RACEIST! [ABA Journal]
* If you were thinking of calling your friend from the Philippines a “skank” on Facebook, you may want to reconsider. [Philippine Inquirer]
* If you’re a powerful financial executive, lay off the bath salts. [DealBreaker]
* Judicial throwdown at the Second Circuit! Short version: Judge Raagi thinks Judge Jacobs should care way more about punishing guys sexting underage girls. Judge Jacobs thinks Judge Raagi watches too much Dexter. [Second Circuit / FindLaw]
* Federal District Judge John Lungstrum calls out a couple trial teams for terrible trial work. Biglaw litigators may not be the best trial attorneys? You don’t say. [New York Personal Injury Attorney Blog]
* Kenneth Anderson describes the U.S. government’s longstanding love affair with “imminence” in the context of the Obama drone strike white paper. To borrow from Rev. Lovejoy’s sermon: “Imminence…sweet imminence.” [Lawfare]
* Judges: If you’re going to base a decision on a particular fact… don’t include pictures in the opinion that directly contradict that finding. Check out page six, line two and Appendix 2 [Court of Appeals, State of Oregon]
* SCOTUSBlog and Bloomberg Law have a competition for law students. Beat your peers AND the SCOTUSBlog team and win $5000. [SCOTUSBlog]
* According to the Second Circuit, the long arm of the law doesn’t extend to the middle finger. You can’t just go around arresting dudes for flipping you the bird. [U.S. Second Circuit / FindLaw]
* President Obama jetted off to Hawaii before he could sign the fiscal cliff bill, so he ordered it be signed by autopen. Of course, people are losing their minds over it. [Volokh Conspiracy]
* Should we scrap the Constitution? Georgetown Law professor Louis Seidman continues to advocate for constitutional disobedience in this epic ConLaw throwdown. [HuffPost Live]
* Don’t celebrate your increase in California bar passage points yet. The state bar changed its tune, and a 40% pass rate is the new standard. That shouldn’t be hard, eh TJSL? [California Bar Journal]
* One of our former columnists, Jay Shepherd, has a great way to calculate what your actual hourly rate should be, if you don’t mind working for just pennies a day. Most lawyers would mind. [jayshep]
* For the love of God, even Gawker knows that going to law school these days is a fool’s errand, or in their own words: “IT’S A SUCKER’S BET. A CLEAR SUCKER’S BET.” Come on, stop being suckers. [Gawker]
* If you’d like to hear Dean Lawrence Mitchell of NYT op-ed fame sound off on why there isn’t a lawyer oversupply problem, and why it isn’t his job to get law students jobs, we’ve got a video for you to watch….
* Dewey know how much money this failed firm has run up on its tab for legal advisers since May? It’s quite the pretty penny — $14.8 million — and that amount actually includes some pretty ridiculous fees and charges, like $21,843 for photocopies. [Am Law Daily]
* Everyone’s glad that we didn’t nosedive over the fiscal cliff, but the people who are the most excited about it seem to be Biglaw partners. This wasn’t the best bill, and more uncertainty means more work, which means more money. [National Law Journal]
* It looks like we’re never going to find out what the Justice Department’s legal justification was for the targeted killing of Anwar al-Awlaki, because a federal judge upheld the validity of its secret memo. [New York Times]
* Everyone flipped out over Instagram’s money filter, but they’re keeping relatively quiet about this mandatory arbitration provision. Quick, post some pseudo-legalese on your Facebook wall. [WSJ Law Blog (sub. req.)]
* Good news, everyone! Thanks to this ruling, in Virginia, you can be as nasty and negative as you want to be on Yelp without fear that your voice will be censored… kind of like the Above the Law comments. [All Things D]