I write about hacking and data security periodically, even though sometimes I get the feeling legal professionals try hard not to think about the subjects. But the stories in this realm bear repeating. Corporate data security is a real concern for many, many corporate attorneys, and especially in-house counsel.
Data security problems used to stem most frequently from weak firewalls or unencrypted equipment. But more and more, the biggest sources of risk and liability are just dumb or technologically overeager employees.
What kind of computer trouble are you and everyone you know getting your company or firm into? Let’s see….
* 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]
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 protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…