Gawker

Non-Sequiturs: 05.07.13

* A senior litigation associate at Paul Hastings, Ryan Nier, has decided to participate in something called the Death Race, and it has nothing to do with the drive for partnership. This Death Race is 50-mile mountain endurance/obstacle race that takes somewhere between 24 and 48 straight hours to finish. Only a handful complete the race every year, and Nier is determined to be one of them. From what we’re told, Paul Hastings has been entirely supportive of Nier, which is cool because he’s using it as an opportunity to raise money for charity. But who knows how supportive they’ll be when they realize he won’t have Blackberry access on top of the mountain for 48 hours. For more information about the Death Race, check out the website. [The Death Race]

* Law student golfing across the U.S. So, I take it summer associate gigs are still scarce? [Golf.com]

* “Guess What the Air Force’s Chief of Sexual Assault Prevention Was Just Arrested For…” Hard to top that headline. [Lowering the Bar]

* Harper Lee suing over “To Kill a Mockingbird” (affiliate link), alleging that the son-in-law of her literary agent botched the copyright. *Insert cheap Atticus Finch joke here* [Washington Post]

* Gigi Jordan case gets even uglier with misconduct charges flying around. [Thompson Reuters News & Insight]

* Dr. Phil is suing Gawker alleging that the website posted a video of the pop psychologist’s interview with Manti Te’o, stifling ratings. So Dr. Phil thinks his audience strongly overlaps with Gawker’s. I’m incredulous. [Yahoo! Sports]

* This is why an over-aggressive cease and desist letter can get you into more trouble. Enter the world of the “miniature war-gaming community.” [Popehat]

* A guide to the questions applicants need to be able to answer at OCI. The best? “Describe a situation when you had to think on your feet to extricate yourself from a difficult situation.” This provides insight into how the applicant will deal with virtually every situation that ever comes up in Biglaw. [Ms. JD]

Hey, we’re talking about Hulk Hogan here, so I figure a 20-year-old reference like “Talk to the Hand” is entirely appropriate.

A judge in Florida has ordered Gawker to take down a sex tape it acquired showing wrestler Hulk Hogan putting the “Legdrop of Doom” into his friend’s ex-wife, along with Gawker’s accompanying commentary and all the comments made to the post.

Gawker has taken down the video.

But in lieu of taking down the post and the comments, Gawker penned a stirring defense of the First Amendment that will also serve as Exhibit 1 in the eventual contempt hearing….

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Don’t be a sucker!

* According to the Second Circuit, the long arm of the law doesn’t extend to the middle finger. You can’t just go around arresting dudes for flipping you the bird. [U.S. Second Circuit / FindLaw]

* President Obama jetted off to Hawaii before he could sign the fiscal cliff bill, so he ordered it be signed by autopen. Of course, people are losing their minds over it. [Volokh Conspiracy]

* Should we scrap the Constitution? Georgetown Law professor Louis Seidman continues to advocate for constitutional disobedience in this epic ConLaw throwdown. [HuffPost Live]

* Don’t celebrate your increase in California bar passage points yet. The state bar changed its tune, and a 40% pass rate is the new standard. That shouldn’t be hard, eh TJSL? [California Bar Journal]

* One of our former columnists, Jay Shepherd, has a great way to calculate what your actual hourly rate should be, if you don’t mind working for just pennies a day. Most lawyers would mind. [jayshep]

* For the love of God, even Gawker knows that going to law school these days is a fool’s errand, or in their own words: “IT’S A SUCKER’S BET. A CLEAR SUCKER’S BET.” Come on, stop being suckers. :( [Gawker]

* If you’d like to hear Dean Lawrence Mitchell of NYT op-ed fame sound off on why there isn’t a lawyer oversupply problem, and why it isn’t his job to get law students jobs, we’ve got a video for you to watch….

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Mahbod Moghadam of Rap Genius

F. Scott Fitzgerald once opined that there were “no second acts in American lives.” Similarly, Biz Markie once opined “’cause we all pick our boogers sometime every day.” If you’re already lost, allow me to explain. This is the story of a former Biglaw attorney and his second act. He and his friends started a website devoted to rap lyrics. The website annotates rap lyrics, and it’s this system of annotation that the founders of the website hope will take over the web (including legal research). The website was recently funded by venture capitalists, and the resulting hype has ping-ponged across the web at a pace so rapid that you’d be excused if you made like Steinski and wondered, “What does it all mean?” (affiliate link).

The interviews that have fed the myriad profiles of the site’s founders have been nothing short of entertaining. Just last week, Gawker was prompted to write a guide to the site, rapgenius.com, which managed to sound both condescending and wildly equivocating and which did nothing but illuminate the author’s squeamishness. This promises to not be like that. I don’t know if Rap Genius is going to be Wikipedia or Pets.com.

What I do know is that a Biglaw dropout just ganked $15 million from Marc Andreessen and wants to edge out Westlaw and Lexis (good luck with that).

Keep reading to find out where he went to law school and what firm he worked at. And if you want to see his shirtless YouTube diss track (no homo)….

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Heather Clem

Sorry if I’m a little bit late to this story, but did you know that Hulk Hogan is suing Gawker for posting a sex tape of Hogan and his friend’s wife?

Let me back up: Gawker had a sex tape up with Hulk Hogan. Hogan initially used the Shaggy Defense, then came clean and contended that his friend Todd Clem (aka: Bubba the Love Sponge) set him up with his estranged wife, Heather Clem (pictured, and apparently able to be used as a floatation device in case of emergency).

Hogan claims that he didn’t know the sex (which took place six years ago) had been recorded, and he is suing Todd Clem, Heather Clem, and Gawker for posting the video.

And… did you know the Hulkster’s real name is Terry Bollea?

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The threat of getting sued for libel or defamation has always hung over the heads of media professionals, now particularly so in the blogging era. The truth is always the clearest, simplest defense when faced with libel claims. But there are other, less direct avenues one can pursue as a defense, if need be.

A lawsuit recently dismissed against Gizmodo shows off one of the more commonly overlooked ways to bolster a defense against defamation. Let’s just say there’s often a reason bloggers like to include all those hyperlinks…

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Non-Sequiturs: 06.06.12

* Some say we need judges, not doormats, but I say we need our doormats to be more judgmental. [The Atlantic]

* I wonder if the voters will like how Romney surrogate Donald Trump is now threatening beauty pageant contestants. [Dealbreaker]

* Sure, the headline seems crazy: “mother arrested for cheering too loudly at high school graduation.” But honestly, some parents need to shut the hell up. There are lots of kids graduating. Your child can figure out that you are proud of her achievement without you ruining the experience for everybody. [MSNBC]

* This week’s bro safety announcement. [Reuters]

* This week’s professional safety announcement. [Not So Private Parts / Forbes]

* This article on ten things law schools won’t tell you should be titled, “100 things Above the Law has told you over and over again but you won’t listen to because you refuse to learn.” Though, in fairness, that is a bit long for a title. [Smart Money]

* D-Day. You know, the reason why the Queen’s Diamond Jubilee wasn’t celebrated as a government in exile. [What About Clients?]

Morning Docket: 04.13.12

Nice mug shot! Happy Friday the 13th!

* A legal threat goes viral: if you’ve been living under a rock, Epstein Becker & Green is repping Fox News in any legal action brought against Gawker for the “Fox Mole.” [New York Observer]

* Jerry Sandusky’s motion to dismiss his child sexual abuse charges have been denied. And the fact that he thought this would get him off is funny on its own. [New York Daily News]

* When shouldn’t you flash an expired DA’s ID card at the cops? During a DUI stop. She can always use the “celeb angels and demons made me do it” defense. [Atlanta Journal-Constitution]

* New York City’s first female commissioner of the Department of Information Technology is leaving her job to milk the New York Law School cash cow. [Wall Street Journal]

* Law schools are snatching up old ass buildings left and right to house new programs and clinics. Looks like upcoming episodes of “Flip This House” will be brought to you by overpriced tuition. [National Law Journal]

* Yeah buddy! Apparently acting like a drunken idiot in Sleazeside pays off. A lawsuit has revealed Jersey Shore star DJ Pauly D’s salary per episode, and it rivals a Biglaw starting salary. [The Clicker / MSNBC]

Thoreau admonished us that we cannot “kill time without injuring eternity.” But what did he know? That proto-hippie pond-fetishist could not have imagined today’s world, where our collective attention spans have shriveled to goldfish levels and so much actual productive white-collar labor can be, to an observer, indistinguishable from simply loitering in front of a computer screen. Unless someone is looking over your shoulder, nobody knows whether you’re on PACER or playing Angry Birds.

We asked you, the ATL readership, where you turn for distraction when you don’t feel like billing or studying. The results of our research poll, after the jump….

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I trust that after last week’s column, all my small-firm spinsters are well on their way to finding meaningful, romantic relationships with their co-workers (read: New Year’s Eve booty calls). After waking up at 2:00 p.m. on Saturday, I realized that I forgot to suggest one guaranteed way to meet your small-firm suitor: the office party.

While Tannebaum may hate the office holiday party, I believe that it is one of the main — if not most important — reasons to work for a small firm. Or, for that matter, to be a law firm lawyer at all. Indeed, I may be drowning in debt come graduation, but at least I will be able to drink cheap boxed wine with a rainmaking partner once a year. It is worth the investment. (Take that, Wall Street Journal.)

As much I love me a holiday party, however, I do believe there are certain rules one must follow. I cannot promise that I observe these rules myself, but as the saying goes, those who cannot do, teach. And with that, here is a guide for how to behave at the office party….

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