Ed. note: Above the Law will not be publishing on Monday, September 2, in observance of the Labor Day holiday.
* Municipal election fraud is being alleged in Tuscaloosa after a sorority bribed people with free drinks to get a University of Alabama Law grad elected (defeating the incumbent, another lawyer — and wife of a UA Law professor). The big question here is how f**king terrible is voter turnout in Tuscaloosa that a sorority can rig an election? [AL.com]
* A banned food truck launched a First Amendment suit after officials banned the truck for using an ethnic slur in the name. I haven’t seen a food truck shut down like that since “Steak Me Home Tonight.” [WSJ Law Blog]
* The NFL looks to London. Tax laws are one of many obstacles. [Grantland]
I was on a fast-moving segment on HuffPost Live this afternoon called “Legalese It,” where host Mike Sacks runs through a bunch of overlooked legal items from the past week. Since I was on vacation for half of the week, I learned a lot! For instance, did you know that Michigan had an anti-begging statute on the books from the 1920s that was just struck down so they can put a big “Spare Some Change” sign in Detroit?
Okay, that’s not why it was struck down, but still. Also it seems that North Carolina is trying to restrict voting to five white guys chosen at random by Reince Priebus and Obama is now in favor of legislative prayer, as if nobody told him he can’t run for a third term.
Looks like I missed a lot, but that didn’t stop me from talking about it on the web. Specifically, I got to talk about how Eric Holder and Texas Attorney General Greg Abbott are now friends when it comes to stopping USAIR and American Airlines from combining to own all the railroads on the Monopoly board…
[O]n its face, the [bar passage] information is factual and uncontroversial. Prospective students are free to draw their own conclusions about its relevance. That [Southern California Institute of Law] may not like those conclusions is irrelevant.
– Judge James V. Selna (C.D. Cal.), in a tentative order dismissing the Southern California Institute of Law’s (SCIL) free speech suit against state bar officials, with prejudice. SCIL argued that having to share information on its website about its bar exam passage rates would force the school to adopt an “ideological belief that a law school should be judged by the passage rates of its graduates.” In the past five years, SCIL’s graduates have passed the state bar exam just 7 percent of the time.
(Keep reading to see Judge Selna’s full First Amendment smackdown.)
Lex Luthor celebrates his purchase of the Washington Post.
* The Washington Post’s website was hacked by supporters of Syrian President Bashar al-Assad in what was apparently supposed to be a coordinated attack on Western media outlets. This marks the second time in 10 days that the Post has been brutally taken over by Internet geeks. [Washington Post]
* An 18-year-old girl took to Facebook to suggest that a 15-year-old girl has herpes. She was convicted of harassment. Putting aside all the hand-wringing over cyberbullying and the First Amendment, what kind of loser Senior is feeling threatened by a Sophomore? [IT-Lex]
* New Mexico’s Supreme Court would like to remind everybody that “not speaking English” is not an acceptable method of escaping jury duty. So stop practicing Klingon to get out of your jury summons. [FedSoc Blog]
* The Eminent Domain issues surrounding building a giant wall to keep out the giant inter-dimensional monsters from Pacific Rim. I’ll be damned if they obstruct the view from my beach house just because a 10-story hellbeast is sauntering out of the water! [Law and the Multiverse]
* Screwing around on a laptop during class can lead to as much as an 11 percent decline in attentiveness. It was so much easier to pay attention when we just had pen and paper and spent the whole class playing Dots and Boxes. [PrawfsBlawg]
* Mississippi police are on the hunt for someone managing a parody Twitter account mocking a couple of local politicians. Congratulations Mississippi! You’ve solved all the other crime problems and can turn to stroking the egos of butthurt politicians. [The Daily Dolt]
* Are you interested in being a trusts & estates lawyer in the Bay Area? Are you interested in making about $5/hr? Then we’ve got the firm for you! Screenshot after the jump in case this link gets taken down…
* As “one of the most respected appellate judges of her generation,” Patricia Wald, the first woman appointed to the D.C. Circuit, was awarded the Medal of Freedom. Congrats! [Blog of Legal Times]
* Biglaw firms saw “anemic” growth in the first half of 2013, and according to the latest Wells Fargo survey, some “minor cuts” are expected in headcount. Well, that’s just great. [Am Law Daily]
* “It is a period of significant change for the firm. That requires some hard decisions.” Patton Boggs has already conducted layoffs, so what could possibly be next for the firm? [Wall Street Journal (sub. req.)]
* Sorry guys, but it looks like Reema Bajaj’s bajayjay will be out of session for the foreseeable future. The attorney accused of exchanging sex for office supplies has agreed to a three-year suspension of her law license. [Chicago Tribune]
* Rather than be bought out by InfiLaw (it could “diminish the value of their degrees”), Charleston School of Law alumni are trying to organize a merger with a public school. Good luck with that. [Greenville News]
* Nebraska will offer a doctorate in space law, which makes sense because… f**kin’ magnets, how do they work? But really, we’re willing to bet it’s because of all of the crop circles in the state. [Miami Herald]
* No joke necessary: This law school claims its rights are being infringed upon because it has to disclose how many of its graduates — 7 percent at last count — have passed the bar. [WSJ Law Blog (sub. req.)]
* Two of Dzhokhar Tsarnaev’s friends were indicted on obstruction of justice charges. If convicted, the pair will face up to 20 years in prison, and they don’t even have a Facebook fan page to show for it. [Bloomberg]
* Judges on the Third Circuit bench must really ♥ boobies. Breast cancer awareness bracelets can’t be banned by public schools if they aren’t lewd and if they comment on social issues. [Legal Intelligencer]
* A bevy of Biglaw firms were involved as advisers in the sale of the Boston Globe, Newsweek, and the Washington Post, including Cleary Gottlieb, Cravath, and Morgan Lewis, among others. [Am Law Daily]
* After surviving a motion for disqualification, Quinn Emanuel will continue to represent Snapchat. A short video of John Quinn laughing his ass off will be available for the next 10 seconds. [TechCrunch]
* Alex Rodriguez, the only MLB player who will be appealing his drug-related suspension, has hired Reed Smith and Gordon & Rees to hit it out of the park during arbitration proceedings. [Am Law Daily]
* Don’t say we never did you any favors: Here are the top 5 mistakes new in-house counsel make from the perspective of outside counsel. Take a look before you make them yourselves. [Texas Lawyer]
* We saw this coming back in June (seventh item), but now it’s official. Prenda Law has dissolved after posting six figures in bonds for various ethical sanctions. Next step, bankruptcy? [National Law Journal]
I really don’t have anything to add on the Royal Baby beyond what’s been said by The Onion. The baby’s adorable; good job, England.
But while all England is hung up on this last vestige of monarchy, the real political power in the United Kingdom is busy trying to institute the kind of sexual censorship that would have made Queen Victoria proud. Under the cover of Will and Kate’s baby, British prime minister David Cameron is trying force people to “opt in” to pornography on the internet.
Or to put it another way, he’s trying to censor “porn,” even as he admits that he doesn’t really know how to define it….
There are legitimate arguments that bar exams have a deleterious effect on the delivery of legal services. The presence of bar exams certainly artificially limits the supply of licensed attorneys, which is partially responsible for the lack of attorneys servicing low-income and impoverished clients. Certainly, the bar exam creates barriers to entry, which raises the cost of lawyer services. And, in conjunction with the ABA’s restrictive requirements, the fact that bar exam eligibility in many states is tied to ABA accreditation is one factor that allow law schools to charge exorbitant costs.
I’m generally a fan of bar exams, but there are reasonable arguments against them. But this guy who seems to be preparing to fail his second bar exam is not making one. He’s saying the bar exam in an unconstitutional restriction on his free speech.
I might have been more sympathetic if he called the bar an unconstitutional infliction of cruel and unusual punishment…
“What I said was terrible, mean and downright stupid…. I wasn’t trying to scare anyone, I was trying to be witty and sarcastic. I failed and I was arrested.”
– Justin Carter, in a letter to District Judge Jack Robison
On February 14, in New Braunfels, Texas, Justin Carter was arrested on terroristic threat charges. Carter, then age 18, had been posting on a Facebook page for the game League of Legends. When a friend called Carter crazy, Carter allegedly volleyed back that, yeah, he was messed up in the head and that he was going to “shoot up a kindergarten, watch the blood rain down and eat the beating heart out of one of them.” A Canadian woman who viewed the comment reported Carter to law enforcement officials.
Carter’s father insists that his son immediately followed his first Facebook comment with “LOL” and “JK,” clear indications that Carter was . . . laughing out loud and joking when he wrote. Lest you think that explicitly stating that you are joking is enough to insulate your comments from criminal liability, Justin Carter was arrested, then charged by the Comal County Criminal District Attorney. In Comal County, txtspk cannot save you….
* With a sharp focus on the Supreme Court and the legal definition of equality, only one thing’s for sure with respect to this week’s anticipated rulings: at least one group of people is probably going to get screwed. [New York Times]
* And lest we forget, thanks to our society’s near slavish obsession with social media and knowledge on demand, we’ll salivate uncontrollably as we wait for those opinions while the justices blissfully ignore new technology. [New York Times]
* The Justice Department charged NSA leaker Edward Snowden with espionage, and now he’s pursuing political asylum in Ecuador with the assistance of legal counsel representing WikiLeaks. [NBC News]
* Biglaw firms are trying to strengthen their pricing power in a post-recession world, with average rate increases of 4.8% in 2012, and hourly rates soaring in New York City. [Wall Street Journal (sub. req.)]
* There’s no solace for people who have had to pay to have their mug shot “depublished” from the internet. Sorry, the First Amendment allows people to turn a profit off your misery. [Washington Post]
* This lawsuit over unpaid internships filed against Gawker will sting any gossip girl’s heart to the core. But really, isn’t the privilege of working for Gawker enough? This fangirl thinks so. [New York Post]
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: