* Bob Morse announces that new jobs data may be used to change the methodology for calculating law school employment rates. Because Bob Morse has to do the ABA’s job for them. HIYOOOO! [U.S. News & World Report]
* And speaking of employment (or lack thereof), it looks like UDel and SUNY Stony Brook have given up their plans to build new law schools. Did they smarten up and start worrying about jobs like we do? [Washington Post]
* Joran van der Sloot: rolling his eyes at murder charges since 2005. More than a year after his arrest, he’s been charged with the murder of Stephany Flores. [CNN]
* Representing a private company, Cadwalader’s antitrust case against Google got tossed. Even Biglawyers can fail to meet their burdens of proof. [CNET]
* ‘Cause tonight we’re robo-signing like it’s 1999? Mortgage paperwork screw-ups aren’t as new as you think – they’ve been around since flannel was still cool. [Associated Press]
* Remember that Oscar de la Hoya lawsuit? The settlement allegedly included $20M in exchange for getting his heels and fishnets back. You can’t keep a good crossdresser down. [New York Post]
* My former boss, Governor Chris Christie, defends his appointment of Judge Sohail Mohammed, standing up to some of the Sharia-obsessed crazies on the right. Alas, some of these crazies could create problems for him in 2016. (Where are all the nice, moderate, socially liberal Republicans hiding? Establishment types, please take the GOP back from these icky populists.) [Arab American Institute]
* Being a tenured professor can be a pretty sweet gig. Being an adjunct prof? Not so much. [Adjunct Law Prof Blog]
* If you’re looking for something to do on Monday night in New York, check out this fundraising event, sponsored by Weil Pays It Forward (and featuring Survivor hottie and former Weil lawyer Charlie Herschel). [Celebration of Survival]
'How do I get these stupid marks to disappear from my document?'
Over the last few weeks, I’ve written about some über expensive and embarrassing examples of lawyers making technological mistakes.
Those stories involved sexily scandalous blunders, but they were relatively extreme scenarios. (If turning over thousands of privileged documents happens regularly at your firm, may God help you.)
More frequently, firm employees deal with little technological snafus that are just annoying, pointless, and a waste of time. In a world where attorneys might literally be working themselves to death, every second of the day counts. It’s when people can’t handle mundane, seriously easy computer tasks that daily tasks become inefficient and infuriating.
Keep reading for some true stories of the technologically challenged….
Law firm advertising is expensive and certain methods may be cost-prohibitive for small firms. For instance, a small firm may not be able to afford a television or print campaign. Enter online marketing including, among other things, Google AdWords and sponsored links. In 2009, a law firm filed a lawsuit in Wisconsin state court challenging certain marketing strategies as an invasion of privacy, as defined in the Wisconsin privacy statute. Luckily for consumers and small firms, the court disagreed.
The case involved the two most prominent personal injury firms in Wisconsin. One of them, Cannon & Dunphy, used a Google AdWords PPC (price-per-click) strategy (and other search engines) to bid on the name of the state’s largest personal injury firm, Habush, Habush & Rottier. In other words, when a user would search the terms Habush or Rottier, a Cannon & Dunphy link would show up in the shaded section as a Sponsored Link.
Habush sued Cannon, alleging that Cannon’s online marketing campaign violated Wis. Stat. §995.50. That statute prohibits “the use, for advertising purposes or for purposes of trade, of the name . . . of any living person, without having first obtained the written consent of the person,” and provides a cause of action where such an invasion of privacy was unreasonable.
Google announced yesterday that hackers in China had gotten access to hundreds of Gmail accounts. And it wasn’t just anyone’s email. The attack targeted senior government officials in the United States, Chinese political activists, officials in several Asian countries, military personnel, and journalists.
I have a feeling we will hear a lot more about this over the next few days. For the moment, let’s take a look at the details we know so far….
* 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]
The satirical Onion News Network recently reported on new government funding for that “massive online surveillance program run by the CIA,” known as Facebook — dreamed up by “secret C.I.A. agent Mark Zuckerberg.” The report made light of how much information we’re willing to make available to a third party — information that we would never consider freely handing over to the feds. While funny, the report speaks to serious concerns about privacy. Civil liberties advocates like Christopher Soghoian and Nicholas Merrill worry about the ease with which the government can get access to the digital information we store with third-parties like Facebook, Yahoo!, and Google, as well as to the rich databases that our mobile phone providers have.
Should we call it the Tech.B.I. or the Dot.Com.I.A.?
* Did Malcolm Gladwell’s endorsement lead to an increase in Colorado Law applicants? Malcolm Gladwell, a man whose book Blink was described by Richard Posner as “written like a book intended for people who do not read books.” [Law Week Colorado]
* A litany of legal challenges faces the Obama administration now that they’ve backtracked on Khalid Sheikh and the boys. [msnbc.com]
* The Supremes ruled against Arizona taxpayers who claimed a tax credit for religious school donations was unconstitutional. Justice Kagan popped her dissent cherry on this one. [NPR]
* Connecticut looks to “add teeth” to a law that attempts to determine whether racial profiling exists in the state. Sorry, I don’t find anything funny about racism. Unless, of course, we’re talking about the basketball scene in Soul Man. [Hartford Courant]
* Google has bid $900 million on a whole bunch of patents. Meanwhile, the patent to Google Wave is being peddled for two dollars and a box of envelopes. [Financial Times]
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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: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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