* The New York Court of Appeals put the hurt on defunct firms seeking unfinished business fees from former partners who left for greener pastures. Sorry, I didn’t follow ATL protocol: “Dewey think firms should collect unfinished business fees?” [WSJ Law Blog]
* We reported on the Tinder lawsuit yesterday. Here’s a collection of all the messed up texts involved. [Valleywag]
* Facebook’s lawyer is now calling the emotional manipulation study it recently conducted “customer service.” Dear Internet: Despite all your rage, you’re still just rats in a cage. [The Atlantic]
* Lawyer explains to court how people illegally implanted a silicon chip in her head. No word on her feelings about Mondays. [Tampa Bay Times]
* How much juice content did Coca-Cola think allowed them to market a product as juice? The answer will actually surprise you unless you really, really hate Coke. [PR Log]
* Defendants should not have access to the Internet because they could beat someone to death with an iPad. I guess. [Lowering the Bar]
* Mobile crammers settle for $10 million. The charge will appear on their next month’s phone bill. [Law and More]
* Like most things in life, the path to victory involves beginning from the KISS principle. [Katz Justice]
* Of all the over-the-top immigration control efforts in this country, arresting a couple in bed for not being “married enough” is one of the craziest. [Sun Sentinel]
* The American Bar Association, fresh off loosening its accreditation standards, is actually trying to dupe kids into thinking this is the best time to attend law school. Check out this ad. And if you want to play with it in Photoshop, that would be cool too…
Do you know where your data is? According to the Federal Trade Commission, the answer is “no.”
The agency wants Congress to intervene against data brokers – companies that collect personal information and resell it, mainly for marketing purposes. The FTC released a report on Tuesday of the top nine data brokers in the US and how most Americans don’t know that their personal information is being collected.
the FTC states that consumers may benefit from increased transparency into the operations of data brokers. It notes that data brokers collect and store billions of data elements covering nearly every U.S. consumer, in many cases without consumers’ knowledge. The FTC recommends that Congress consider enacting legislation to make data broker practices more visible to consumers and to give consumers greater control over the handling of their information by data brokers.
The data collected by firms like Acxiom, Datalogix and Corelogic range from the innocent (what sports you follow) to the personal (health and financial information) and everything in between (what kind of car you drive and general shopping habits).
* Are messenger bags unprofessional for lawyers? My firm bought us messenger bags with firm logos so this wasn’t a question for me. [Corporette]
* New carbon regulations on the horizon and industry is already gearing up for a fight. [Breaking Energy]
* FTC charging Jerk.com with deceiving customers. What a paradox, because if the FTC is right this seems like truth in advertising. [IT-Lex]
* Larry Klayman is suing the entity he founded, Judicial Watch, for defamation. Somehow Orly Taitz is involved. [South Florida Lawyers]
* Hey recent grads! Do you need to frame your shiny new diploma? Mountary is offering a 20 percent discount to ATL readers. Just enter the code “atl20″ at checkout. [Mountary]
* Bruce Allen Murphy has a new biography on Justice Antonin Scalia that proposes that far from forging a conservative Court, Justice Scalia’s actions have undermined building a conservative team of justices. Also he reminds us that Scalia was totally an affirmative action hire. Video after the jump…. [YouTube]
* 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]
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 occasionalsnag). 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….
(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.
* 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.)]
* ¡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]
* 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]
* 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]
* 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]
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.