As humanity veers closer to becoming straight-up cyborgs, it was only a matter of time before the law started messing with the course of wearable technology. We’re not ready to deal with a world where we’re all little Robocops accessing the Internet in real-time with a literal blink of an eye. And that means it’s time for some square-peg-round-hole legal challenges.
Someday we’ll have a legal answer for Google Glass. For now, we’ll just have to agree that they look stupid….
In our post yesterday about Judge Alex Kozinski’s horrifically bad ruling in favor of Cindy Garcia, an actress who briefly appeared in the infamous YouTube video “Innocence of Muslims,” we also mentioned the astounding gag order that Kozinski placed on Google/YouTube, saying that the company was simply not allowed to tell the world that the video had been ordered censored by a court for at least a week. However, the gag order is so crazy that it seemed worth a second post. It already appears to be a classic First Amendment violation to order Google to take down all copies of the video (and prevent new ones from being uploaded), but Kozinski seems to double the First Amendment problems with that gag order.
Throughout 2013, along with our friends at Good2BSocial, ATL researched the social media practices of law firms. The research had three components: (1) a review of the websites and social media profiles of the Am Law 50 across all public platforms, including an assessment of each firm’s publicly available content as well as social reach and engagement (number of followers, comments, etc.); (2) a survey of the firms themselves regarding the extent to which they are currently using social technologies and practices internally; and (3) a survey of the ATL readership to glean the perspective of practicing attorneys and other legal professionals.
We are publishing the results of this research in two stages. Back in December, we published a white paper summarizing our findings and analysis. (Sign up here to receive a free download of the paper.) Our findings show that, while the majority of the Am Law 50 are established on the major public social media platforms, their presence often exhibits only a token effort. Generally speaking, there is little evidence that Biglaw is addressing the social media landscape strategically rather than using it as just another marketing channel for firm news and press releases. That said, some Biglaw firms are distinguishing themselves with the reach, engagement, and creativity of their social media efforts.
Today we publish the second component of our findings: our inaugural Social Law Firm Index, where we identify which specific firms are making the most effective use of social media…
* Wal-Mart may recall loads of donkey meat from their stores. Not because they sold donkey meat — they intended to do that — but because there was fox meat mixed in. What does the Fox Say? Nothing, because it was ground into donkey meat. The end. [MSN Money]
* Of course Colorado got rid of mile marker 420. But it’s not because they don’t like weed — it’s legal there, after all — check out the real reason. [Lowering the Bar]
* A listing of this lawyer’s previous representations. In the words of our tipster: “Don’t know what’s worse: Courtney Love or the Gambino crime family.” [Andrew Mancilla, Esq.]
* The Ninth Circuit gave the go-ahead for about 60,000 tech workers to sue Google, Apple, and other companies for artificially driving down wages by agreeing not to poach each others’ employees. Hey, give these folks some love, not every one of them is going to go start a new video game company. [Reuters]
* A lot of Cuban-American families in Miami blow a lot of money on quinceañeras. Here’s a way to recoup some funds: throw a completely innocent party and wait for the cops to come by and commit police brutality. This guy netted $90,000 that way. [Miami New Times]
Most every law firm — including 100 percent of the Am Law 50 — maintains a Linkedin company page. Or rather, “maintains” such a presence on that most buttoned-up of all the social media platforms. A quick look at the LinkedIn pages of the Vault top 10 shows that only two firms bothered to change their page’s default setting to display “Services” rather than the inapt “Products” tab on the navigation menu. (Kudos to Kirkland and Debevoise!) This might seem like the most trivial of nits to pick, but aren’t these firms defined by fanatical attention to detail? Yet this nonchalance is emblematic of Biglaw’s unsettled relationship with social media.
We can safely assume that Biglaw’s old guard just wants social media to get off its lawn already, but what data we have strongly suggests that, as organizations, firms believe — or act as if they believe — that engagement with social media is worth doing (paceBrian Tannenbaum). When we examine the particulars of how they are managing this engagement, firms should hope that there is truth to Chesterton’s dictum: “If a thing is worth doing, it is worth doing badly….”
The ongoing legal fight, in which a bunch of US tech and internet companies — namely Google, Facebook, Microsoft, Yahoo and LinkedIn — are suing the US government, claiming a First Amendment right to publish some details on the number of requests they get from the NSA under Section 702 of the FISA Amendments Act, as well as the number of users impacted by those requests, is getting ever weirder. The government had filed its response back at the end of September. And, you might notice, large portions of it are totally redacted. For example, here is page 13 of the document (though, numbered page 8):
* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg]
* Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood]
* Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal]
* And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired]
* A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland]
* Should Eliot Spitzer have faced harsher sanctions for pounding hookers? It’s a pretty interesting question that we can all ponder for the next four years after Spitzer demolishes Scott Stringer in the Comptroller race. [Wise Law]
* Homeowners were forced to pay hundreds in legal charges for lawsuits that don’t really exist. Stay classy foreclosure practices. [Overlawyered]
Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Kristina Tsamis shares some career advice for JD/MBAs from a panel discussion hosted by Duke Law in conjunction with other peer law schools.
We spend a lot of time discussing the dismal employment outcomes for JD grads. Things aren’t so rosy for MBA graduates either. To talk about a dual JD/MBA degree in this context seems like a double fail — a one-two punch of more work and potentially more debt in exchange for the same sad outcome.
Enter the panelists of How to Use the JD/MBA Degree in Business and Entrepreneurship: all JD/MBA graduates who touted the usefulness of a dual degree during a discussion hosted by Duke Law in conjunction with other peer law schools. The panelists centered their advice on four main areas: what to focus on while pursuing the dual degree, how to select a good mentor, how to interview well, and how to stop being risk-averse.
1. Maintain the Right Focus as a JD/MBA student
That class in early English case law will leave you painfully ill-equipped for the modern practice of law. But there are some courses you should be paying attention to, both on the JD and MBA side.
* You think you know Justice Clarence Thomas, but you have no idea. Here are several myths about the silent Supreme Court star that he was capable of busting in just this term alone. [WSJ Law Blog (sub. req.)]
* According to the CBO, the immigration reform bill being considered in the Senate would allow eight million immigrants to gain legal status and lower the deficit by billions. But alas, dey still terk er jerbs! [NPR]
* Google is doing its best to try not to be evil by asking the FISA court to ease up on gag orders preventing the internet giant from telling the world about what it’s required to give to the government. [Washington Post]
* Florida firm Becker & Poliakoff will withhold 20% of equity partners’ pay, a move that made some lawyers cry. The firm is apparently planning to save the cash for a rainy day. [Daily Business Review]
* Paul Mannina, an attorney with the Labor Department charged with sexually assaulting a coworker, was found in his cell with his throat slashed. Police are investigating the death. [Washington Post]
* FYI, your aspirational pro bono hours — or complete and utter lack thereof — will now be public record in New York, and you must report them on your biannual registration forms. [New York Law Journal]
* Coming soon to a law school near you: really old books from the 13th century that’ll probably turn into dust if you dare try to read them. You can find this nerdgasm over at Yale Law. [National Law Journal]
* The family of Lauren Giddings, the slain Mercer Law graduate, has filed a $5 million wrongful death suit in federal court against accused killer Stephen McDaniel in the hopes of finding her remains. [Telegraph]
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 (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), 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.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.