Welcome back to Above the Four Loko. In today’s episode, we find that the drink that used to combine alcohol and caffeine in really obvious ways has settled a false advertising suit with the Federal Trade Commission.
As we’ve discussed often with Four Loko, the alcoholic kick IS the appeal of the product. This drink is not getting by on its taste.
But it appears that regulators can’t grasp this simple point. So, as part of the settlement, Four Loko is being forced to make it more obvious just how potent their drink is.
* Sorry Missouri, but your reign as the “Show Me” state is over. Thanks to its immigration law, Alabama is going to be taking over as the “Show Me Your Papers” state. [CNN]
* Time to review the footage. Irving Picard stands to lose the game for the Investors if he can’t get an instant replay on Judge Rakoff’s home run decision for the Mets. [Bloomberg]
* Reebok has to pay out $25M in refunds because contrary to popular opinion, wearing a pair of sneakers won’t give you a nicer butt. Dammit, foiled again. [Blog of Legal Times]
* The EEOC is suing because a 680-pound man was allegedly fired for being too fat. Everything really is bigger in Texas, and now it’s considered a disability. [Houston Chronicle]
* Unpaid interns who worked on “Black Swan” are suing because they didn’t benefit from the job. Seriously? They should be sued for not appreciating all the film’s HLA. [New York Times]
* It looks like Jonathan Lee Riches has some competition. Check out this crazy lawsuit filed against Apple (and many other defendants), by one David Louis Whitehead. Why do the wackos always have three names? [Apple Insider]
* Check out Professor Glenn Reynolds’s interesting argument against a federally-mandated drinking age of 21. “If you get shot at, you can have a shot.” [Wall Street Journal via Instapundit]
* The FTC is holding Google’s balls feet to the fire over its privacy practices. Want to turn up the heat a few degrees? [EPIC]
Do you heart boobies? I do -- for aesthetic reasons, and as symbols of female seductive power.
* Speaking of body parts, would this lawsuit have turned out differently if the bracelets, instead of promoting breast cancer awareness by declaring “I ♥ Boobies,” promoted testicular cancer awareness and read “I ♥ Balls”? [Philadelphia Inquirer via WSJ Law Blog]
* And speaking of free speech and schools, Congress should proceed with caution when passing anti-harassment legislation. [Chronicle of Higher Education]
* Biglaw partners team up with a former federal prosecutor to launch a new litigation boutique. Say hello to Levine Lee LLP. [Am Law Daily]
* What kind of a tour bus does Willie Nelson have? A cannabus. The singer won’t have to make a pit stop to sing in court on his maryjane charges. [New York Daily News]
* How is there a human trafficking problem in Michigan? Are they all Canadians? No one cares if Canadians aren’t getting their fair share of maple syrup. [Chicago Tribune]
* The FTC can be a real Buzz-kill. Google settled its privacy case with the feds over its failed social networking site. [Bloomberg]
* Sullivan & Cromwell is going before the Supreme Court — but not in a good way. SCOTUS grants cert to examine S&C’s mailroom of death. [ABA Journal]
* In happier news for S&C, they are working on AT&T’s $39 billion bid for T-Mobile — a deal that should generate massive fees for the many Am Law 100 firms involved. [Am Law Daily]
* Do you want to negotiate big-time deals? This Loyola law student has discovered the best way to land a big client. [Chicago Tribune]
* “When are knowingly false statements of fact constitutionally unprotected?” Professor Eugene Volokh tackles this interesting issue. [Volokh Conspiracy]
* Wondering if Libya will get democratic presidential elections before Puerto Rico? [Blawg Review]
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The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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Welcome back to Above the Four Loko. In today’s episode, we find that the drink that used to combine alcohol and caffeine in really obvious ways has settled a false advertising suit with the Federal Trade Commission. 
