FTC

* This Term, both wings of the Court will be making originalist arguments because “slaveholders from 200 years ago said so” is the most compelling argument in our legal toolbox. [Constitutional Accountability Center]

* Yale Law grad Ronan Farrow, supposedly Woody Allen’s son, might really be Frank Sinatra’s son. Looking at him that… makes sense. [Vanity Fair]

* Looks like the FTC is finally going after patent trolls. Or would be if we still had a government. [Ars Technica]

* Based on the look and address, the Law Librarians blog appears to have left the Law Professor Blogs Network. It must have been too loud in there for the librarians. [Law Librarians]

* So… you’re saying lots of trial judges out there don’t understand hearsay? [The Legal Watchdog]

* Avast! Russia is going after Greenpeace (probably illegally) for piracy. [The Volokh Conspiracy]

* A reminder that the federal government shut down is the result of state laws, so maybe you should vote in those off-year local elections. [PrawfsBlawg]

Over its long and storied history, Davis Polk & Wardwell hasn’t hired many lateral partners. Most of its partners are homegrown, joining the firm right out of law school and spending their entire careers there (like the two most recently promoted partners).

But this has started to change over the past few years, as managing partner Thomas Reid discussed in an August 2011 interview with Am Law Daily. In the August 2010 to August 2011 period, DPW hired a half-dozen prominent lateral partners.

And the lateral hiring spree continues (although not without the occasional snag). Let’s hear about Davis Polk’s latest high-profile hire, a new lateral partner at Paul Hastings, and an addition to the leadership of Orrick….

double red triangle arrows Continue reading “Musical Chairs: Notable New Names at Davis Polk, Paul Hastings, and Orrick”

Here are three true statements:

(1) Monopolies are generally illegal.
(2) Like baseball, patents make monopoly laws get a little funky.
(3) Courts really really really like to encourage settlements.

So, when two companies get together, and work out a settlement that makes a whole patent infringement lawsuit go away, and the only objection is that pesky Federal Trade Commission complaining that the settlement is anticompetitive, you can understand why a federal court could meditate on points (2) and (3) and dismiss that FTC complaint.

Yet, in FTC v. Actavis, the Supreme Court yesterday made it harder to settle some patent infringement suits, saying that sometimes a settlement of a lawsuit can be an antitrust problem.

How?

double red triangle arrows Continue reading “When Buying Off A Litigant Is Also Buying Off A Competitor”

Caution: May lead to malpractice suits.

* Just like he said in 2008, President Barack Obama says that he’s going to close Guantanamo Bay, and this time, he means it. No, really, he appointed a Skadden partner to handle it, so we know he means business now. [Blog of Legal Times]

* The Supreme Court just invalidated Arizona’s proof-of-citizenship voter registration law, so of course Ted Cruz wants to add an amendment to the Senate immigration reform bill to require citizenship to vote because, well… duh. [Politico]

* According to a Pew Research survey, a majority of Americans think Edward Snowden should be prosecuted for his NSA leaks. It’s also likely that same majority don’t even know what Edward Snowden leaked. [USA Today]

* It looks like Jon Leibowitz, the FTC’s ex-chairman, got some great birthday presents this week. Davis Polk partnership and a SCOTUS victory aren’t too shabby. [DealBook / New York Times]

* They don’t give a damn ’bout their bad reputation: malpractice claims filed against attorneys and firms were up in 2012, and some say mergers and laterals are to blame. [WSJ Law Blog (sub. req.)]

* If you’re worried about your low GPA when applying to law school, you haven’t been reading the news. You’ll get in everywhere you apply. [Law Admissions Lowdown / U.S. News & World Report]

* ¡Ay dios mío! The Hispanic National Bar Association is hoping that a week spent in law school will inspire minority high school students to become lawyers in the distant future. [National Law Journal]

DaNae Couch

* The Department of Justice has reached yet another settlement in the Deepwater Horizon oil spill case, this time with Transocean Ltd. for $1.4 billion in civil and criminal penalties and fines. [National Law Journal]

* “[W]ith success comes regulatory scrutiny.” Google convinced the FTC to close its ongoing antitrust probe by promising to change its allegedly shady patent usage and purportedly skewed search terms. [Bloomberg]

* According to Littler Mendelson, federal contractors might want to consider sending out sequestration-related layoff notices to employees in order to comply with the WARN Act. America, f**k yeah! [Government Executive]

* Governor Andrew Cuomo will have a major impact on the New York Court of Appeals when appointing new judges. It could be a partisan decision, but his father, former Governor Mario Cuomo, insists his son will leave politics at home. [Capital New York]

* When you write in defense of the value proposition of law school, you wind up in the op-ed pages of the NYT. When you tell the truth about it, you wind up in the opinion pages of the WSJ. [Wall Street Journal (sub. req.)]

* Remember Danae Couch, the Texas Tech law student who was crowned as Miss Texas? She’ll compete for the Miss America title next weekend. If you’d like to help her become a finalist, you can vote for her here! [KFYO]

I’ll miss you the most, my little cupcake.

* Billable hours in Biglaw are down 1.5 percent, and 15 percent of U.S. firms are planning to reduce their partnership ranks in early 2013. Thanks to Wells Fargo for bringing us the news of all this holiday cheer! [Thomson Reuters News & Insight]

* Hostess may be winding down its business and liquidating its assets, but Biglaw will always be there to clean up the crumbs. Jones Day, Venable, and Stinson Morrison Hecker obviously think money tastes better than Twinkies. [Am Law Daily]

* How’s that “don’t be evil” thing working out for you? Google’s $22.5M proposed privacy settlement with the FTC over tracking cookies planted on Safari browsers was accepted by a federal judge. [Bloomberg]

* Greenberg Traurig and Hunton & Williams face a $7.2B suit from Allen Stanford’s receiver over a former attorney of both firms’ alleged involvement in the ex-knight’s Ponzi scheme. [Houston Business Journal]

* Perhaps the third time will be the charm: ex-Mayer Brown partner Joseph Collins was convicted, again, for helping Refco steal more than $2B from investors by concealing the company’s fraud. [New York Law Journal]

* H. Warren Knight, founder of alternative dispute resolution company JAMS, RIP. [National Law Journal]

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?

Oh right, I forgot one little detail: free speech!

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….

double red triangle arrows Continue reading “Facebook Protests Proposed Child Privacy Rule Revisions on Scuzzy Free Speech Grounds”

Have you seen this law student? Seriously.

* Austin Tice, a Georgetown Law student, freelance journalist, and former Marine Corps officer, is missing in Syria. We hope he’s okay. [McClatchy]

* The nightlife lawyer is already back in the news. He’s repping a new high-profile plaintiff: an NYC cop whose foot got run over by some d-bag in a Ferrari. Make it rain! [Jalopnik]

* Former Allen & Overy partner Edward M. De Sear got arrested AGAIN on child pornography charges. We’ll definitely have more on this tomorrow. [The Record]

* I understand wanting to eliminate viral ads targeted at kids, but who would I be without all those old Crossfire, Hungry Hungry Hippos, and “Hey, it could happen!” McDonald’s television ads? [Threat Level / Wired]

* Jurors in Apple v. Samsung have been deliberating for two days now. I scream, you scream, we all scream — for a verdict. [CNET]

* California’s state legislature passed an act that would force law enforcement to get a warrant before gathering GPS or other location-tracking data from cell phones. All you drug dealers, it’s time to re-up on a new burner. [Ars Technica]

* I don’t think Esquire means what you think it means. Seriously. You can’t give yourself the title when your law license is suspended. No one cares if you read the magazine or own land. [WSJ Law Blog]

* Little known fact of the day: the late comedienne Phyllis Diller apparently had a storybook romance with Paul Hastings name partner, Robert Hastings. She once said that her longtime Biglaw beau was the “love of [her] life.” [Am Law Daily]

* The Federal Trade Commission has closed its antitrust review of Facebook’s proposed Instagram purchase, clearing the way for the social networking site’s users to post grainy pictures to their hearts’ content. [Bloomberg]

* A former Vancouver lawyer serving a 15-year sentence for money laundering claims that one of the Mounties who investigated his case played a game of “hide the Canadian bacon” with Judge Ursula Ungaro. [Province]

* A judge who resigned in April has been retroactively removed from office for admitting to having sexual contact with his five-year-old niece. He presided over family court matters. Figures. [New York Law Journal]

* Which accomplishments and activities should you leave off your résumé? A) law review editor in chief; B) second in the class; C) 4.05 GPA; D) nonprofit executive director; E) child porn aficionado. [Willamette Week]

* Stabbing your lawyer is so last season. Another criminal defendant reportedly attacked his defense attorney in court, but this time chose to whack his own counsel in the head with his handcuffed hand. [Boston Globe]

Before you could turn a little bit of a blind eye (to children on websites like Facebook) but if this rule is adopted as proposed it will be significantly harder to do that.

– an anonymous privacy attorney, discussing the FTC’s proposed revision to the Children’s Online Privacy Protection Rule. The revision would explicitly make websites, mobile apps, and data brokers all responsible for third-party data collected about children.

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