We all remember Schenck v. United States, the 1919 decision written by Justice Oliver Wendell Holmes that established the “clear and present danger” test and coined the oft-misquoted line “free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”
Eloquent and well-reasoned.
You know what Oliver Wendell Holmes didn’t say? “Free speech would not protect a man in falsely shouting ‘BINGO!’ in a seniors home.”
While most of you are busily reading about the latest effort from U.S. News to calculate with the incalculable, applying its formula to tease out razor-thin distinctions between law schools, you’re missing the demise of the once lauded Internet prediction site, InTrade. What were the odds?
Over the weekend, the Irish-based website shuttered itself completely, noting in a statement to customers that there may be “financial irregularities.” Uh-oh.
All this comes at the worst possible time for InTrade customers, who were looking to cash in on that sweet, sweet Conclave action…
I’m an old smelly sock, and I’m proud. And I think it’s time to stop the nonsense. After two years of almost relentless attacks on socks, a bit of perspective would be nice.
For at least two years, the popular press, bloggers, and a few sensationalist sandals have turned old smelly socks into the new investment banks. We entice bright young students into our stinky clutches. Succubus-like, when we’ve taken the sweat we want from them, we return them to the mean and barren streets to fend for themselves. Barefoot.
The hysteria has masked some important realities and created an environment in which some of the brightest potential lawyers are, largely irrationally, forgoing the possibility of a rich, rewarding and, yes, profitable, career.
I’m an old smelly sock, and I miss all those bright potential lawyers.
* “[L]awyers aren’t trained as accountants,” but Gibson Dunn, Freshfields, Drinker Biddle, and Skadden may have some splainin’ to do when it comes to Hewlett-Packard’s M&A blowout with Autonomy. [WSJ Law Blog]
* Looks like it’s time for some holiday musical chairs: Dorsey & Whitney’s managing partner Marianne Short will be leaving the firm at year’s end to join UnitedHealth as its chief legal officer. [Twin Cities Business]
* The court-ordered mediation between Hostess and the bakers’ union broke down last night. If Judge Drain approves the company’s liquidation plan, the Twinkie may disappear from whence it came. [Reuters]
* You shall not pass — or use Lord of the Rings characters in online gambling games! J.R.R. Tolkien’s estate is suing Warner Brothers for $80M over improper licensing of the late author’s characters. [Bloomberg]
* Please don’t tickle me, Elmo. One week after an accuser recanted his allegations against puppeteer Kevin Clash, another one filed suit over an underage sexual relationship. [Media Decoder / New York Times]
* There’s nothing like some man-on-man sexual harassment to get you going in the morning. Sparks Steak House paid $600K to settle charges lodged by 22 male servers over an eight year period. [Corporate Counsel]
* Seems like this pulchritudinous plaintiff’s contract case is still kicking, and Emel Dilek testified that sleeping with the boss was “absolutely not” one of her roles during her time at Mercedes-Benz. [New York Post]
* Lululemon and Calvin Klein have settled their patent spat over elastic waistbands on yoga pants. Here’s hoping the Canadian yoga-wear company turned this lemon of a lawsuit into lemonade. [Businessweek]
* What do divorcées do in their spare time? They go to Florida’s $350M courthouse to spray paint it with broken hearts and notes for the judge who presided over their proceedings. [Riptide 2.0 / Miami New Times]
Chris Christie, that redundant rotundity, has taken a vicious beating this week. The party of personal responsibility has personally held him responsible for Mitt Romney’s defeat. And it’s easy to see why. Instead of traveling to Pennsylvania to stump for Romney, he stayed behind in New Jersey so he could spoon some more with President Obama. What does it profit a man who gains a friendship with Bruce Springsteen, but loses his party the presidential election? Hell if I know.
Loads of people are saying that Christie blew his chance at ever being nominated by the Republicans because of his a-hugging and a-kissing on President Obama. I don’t know about all that. The fact is, Christie has and had about as much a chance at the Republican nomination for president as Rudy 9-11 before him. Just as that lisping vampire couldn’t have won a nationwide nominating process if the excess saliva in his mouth depended on it, so too was Christie doomed. The sort of abrasive politics that Christie practices may have found its level in the New Jersey governorship. And that’s probably okay.
* Concussion litigation expert Paul D. Anderson discusses the nitty-gritty of all those football players suing because their job may have gave them brain damage. [Legal Blitz]
* In unnerving lawyer news, a Seattle litigator was arrested on accusations of sexually assaulting a masseuse at knifepoint. [Komo News]
* And on the other side of the country, a Pennsylvania attorney was specifically targeted in a home invasion that left him in the hospital with gunshot wounds. What is wrong with people this week? [Philadelphia Inquirer]
* This whole disastrous domestic dispute-turned-shooting could have been avoided by marrying a dog-lover instead of a cat lady. [Legal Juice]
* Casino magnate Sheldon Adelson explains why he’s putting all his chips on Mitt Romney. [Huffington Post]
* Here are some tips on acing your call-back interview. Seriously though, you really only need one item: a Trapper Keeper. [The Careerist]
While liberals and the “lamestream media” are fixated on the planks dealing with “abortion” and “gay marriage,” the platform includes some lower-profile planks worth checking out. Here are five that stuck out to me as a lawyer….
Ed. note: This new column is about sports and the law. You can read the introductory installment here.
In June of 2005, my girlfriend asked if we could go see War of the Worlds. Tom Cruise was flying high, engrossed in a love that would last forever, and starring in a blockbuster that was getting okay reviews. While I was never a huge fan of popcorn movies, I relented. After two solid hours of explosions and other loud noises, I walked away surprisingly impressed with the effort. While the Academy may ignore this film, I thought, I had had a damned good time. The very next weekend, I visited home and caught up with my father. I told him that I thought War of the Worlds was pretty enjoyable and, since I knew he had seen it with my mother recently, I asked him if he agreed. His face puckered sourly and he muttered “No…no.” Then I launched into a litany of guesses, all wrapped in a pseudo-intellectual pose, as to why he disliked the film. Well, sure, it was a silly action movie, but you could do far worse. Spielberg may have “grown up”, but he was still a populist director at heart and quite good at directing the kind of movies that Michael Bay was consistently f**king up. And sure, it wasn’t deep and didn’t leave me with anything besides the faint memory of two enjoyable hours. But wasn’t that enough? Dad patiently sat there as his son prattled on for a bit. When I was finally winded, he said “You want to know why I hated that movie? You know that scene in the beginning where Tom Cruise is playing catch with his son?” Sure, I replied. “Well, Tom Cruise throws a baseball like a goddamned girl. He pushes the thing. PUSH. PUSH. How did you not catch that!? It’s plain as day. And I’m supposed to think he’s a hero!?”
Every time the NFL or the NCAA gets involved in the law these days, you can bet there is going to be some pungent BS coming from heads of our national sports. Whether it’s the NCAA slamming Penn State without due process, or the NFL allegedly defaming one of its players (after punishing him without due process), sports leagues treat the law like so many high school jocks treat nerds: keep punching it until it stops talking.
Usually, the sports leagues look most ridiculous when they try to legislate the morality of their employees. As if anybody besides children and the easily deceived really care how their favorite players live on Monday through Saturday, so long as they come to play on Sunday.
Sundays are of course important. Because in addition to civic pride and fantasy points, there are quite a lot of Americans who have real money on the line when it comes to football. That’s a fact NFL executives are very well aware of… why do you think the league requires teams to make detailed injury reports before the betting lines are set?
But the NFL has to keep up appearances that they oppose gambling on their games, which is why they have objected to Governor Chris Christie’s entirely reasonable proposal to bring sports betting to New Jersey.
Yeah, non-gamblers might be surprised to learn that New Jersey doesn’t already allow sports betting, but you wouldn’t have the Sopranos if gambling was legal in the Garden State….
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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 six years. You can reach them by email: email@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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