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Scalia v. Posner meets Mean Girls

* Someone was finally able to liken the Scalia v. Posner debate to a suitable situation: bitchy mean girls fighting each other in a middle school cafeteria. Seriously, only the inclusion of “like” throughout the entirety of the dialogue could’ve made it better. [lawprofblawg]

* Who pays your law professors’ salary? The obvious answer is law students, since professorial wallets are padded by tuition dollars. But what happens when IBR comes into play and loan debts are forgiven? Then the answer shifts to the taxpayers. [PrawfsBlawg]

* When Derek Boogaard of the New York Rangers died, everyone was expecting that a lawsuit would be filed, but no one really thought that it would be one based on contract law. [New York Law and Legal Analysis Blog]

* What kind of case “really turn[s] on” everyone’s favorite First Amendment lawyer? Free speech cases that are riddled with challenges, of course, and questions about what does and doesn’t constitute porn. [Vegas Inc]

* You must be wondering where Above the Law fell on this ranking of the 15 Most Influential Law Blogs. We won’t give it away, but let’s just say that we now share something in common with Cooley. [Business Insider]

* “[S]ome dude with the munchies is getting a little legal education.” That’s what we thought when one of our top searches last week was “pictures of tacos” — and not even “duck tacos,” but regular ones. [Search Party]

* In the Apple-Samsung trial yesterday, Apple’s attorneys accused Samsung of intentionally copying the iPhone. Samsung’s attorney was like, Bro, step off. And then Judge Lucy Koh and all the members of the gallery and the jury crowded around in a circle and started yelling Techno-fight! Techno fight! [Wall Street Journal]

* Matthew Kluger, formerly of Wilson Sonsini and more recently convicted and sentenced to 12 years in prison for insider trading, gives an interview about what motivated him to commit his crimes. [Bloomberg]

* France is not happy that Google did not delete all its Street View information from the country after it promised to. Shockingly, some parts of the world apparently still value data privacy. How quaint! [New York Times]

* Former Perkins Coie partner Harold DeGraff must arbitrate his compensation battle with his former law firm. But the process will not have to be kept confidential. [Thomson Reuters]

* I’m pretty sure at this point the DOJ is just consulting a Ouija board in its increasingly feeble attempts to prosecute Megaupload. [Wired /Threat Level]

* UBS is not happy that it lost $356 million on the Facebook IPO. Now it’s suing NASDAQ over the snafu. [CNNMoney]

* Hyper-competitive weekend warrior kills himself racing down a mountain path and his family is suing the internet start-up that makes an app that allows you to track your time against other users. Is anybody making an app to track really stupid lawsuits filed by bereaved family members who receive terrible legal advice during times of crisis? [Not-So Private Parts / Forbes]

* The Fast and the Furious Legal Edition: Executive of Privilege. [WSJ Law Blog]

* Bringing the billable hour to social media seems likely to make me cry. [Legal Cheek]

* Former SCOTUS clerks think the individual mandate is done for. [Wonkblog / Washington Post]

* Google threatens to bring the hammer down on YouTube to mp3 converter. [Torrent Freak]

* Maybe this is the kind of alcohol you can buy with prestige points. [Urban Daddy]

* The companies who will own the president if Romney wins. [USAToday]


Even though Google Street View is pretty awesome for a lot of things, like finding directions, first and foremost, you could also look at the software as an incredibly complex stalking tool. When Street View first came out, Google caught some major flak for some of the images it captured in its signature camera vans. The Street View cameras allegedly captured naked people, in-progress robberies, and other events that the subjects of the images probably did not want on the internet.

Now Google Street View is in the news again, facing more unpleasant allegations. Not for violating people’s privacy via visual images, but this time for gathering data from private yet unsecured wireless networks while driving through random neighborhoods….

double red triangle arrows Continue reading “Google Street View Project Under Fire For Gathering Unencrypted Wireless Data; So Much for Not Being Evil”

* Only 44% of Americans approve of how the Supreme Court is doing its job, but that’s probably because the other 56% wouldn’t know what the Supreme Court was unless the justices were contestants on a reality show. [New York Times]

* Having nothing to do with the outcome of this Tenth Circuit appeal, apparently a juror in the underlying case had no idea when the First Amendment was adopted. As Bush II would say, is our children learning? [U.S. Tenth Circuit / FindLaw]

* Who’s going to win the “Super Bowl” of Android patent trials? Nobody. Judge Richard Posner has issued a “tentative” order which noted that both sides of the Apple/Google case ought to be dismissed. [Reuters]

* You should’ve “known better”: in case we didn’t make it abundantly clear when we spoke about NALP’s data for the class of 2011, the job market for new law grads is being classified as “brutal.” [National Law Journal]

* U. Chicago Law revolutionized the field of law and economics, but much to the school’s chagrin, everyone copied them. Now they’re thinking up new ways to do the same things. Gunners gotta gun. [Businessweek]

* Say hello to Mary Lu Bilek, the woman who’s been appointed as the new dean of UMass Law. Hopefully she’s not keen on using school credit cards for personal spending like the last dean. [Wall Street Journal]

* Occupy Wall Street protesters can’t sue NYC, its mayor, or its police commissioner, but they can sue the police. And with that news, “F**k tha Police” was sung in drum circles across the tri-state area. [Bloomberg]

Have you ever wondered what law firm librarians really do? In an age where everything is online and your average 10-year-old is more comfortable with search logic than a person who has a degree in library science, some might say a law firm librarian is mainly there to make sure there’s a copy of the New Yorker on a coffee table in reception.

But looks can be deceiving. [Cue the John Noble voice]:

Are there questions that should not be asked? Experiments that should not be performed? Doors that should remain forever closed? Sometimes, law librarians go too far.

Join me for this real-life story about the dark side of your law firm…

double red triangle arrows Continue reading “Who Needs Billable Hours When You Have Mind Control?”

Not cool, bro.

Californians tend to be quite protective of the state’s reputation as a progressive paradise. Where equality is important for everyone, no matter your race, gender, sexual orientation, whatever. Where organic food is simply better, no matter how much it costs. Where the earthquakes are a fine price to pay for an entire year of temperate weather.

So, when the New York Times ran an extensive article this weekend about an accomplished female attorney who sued the major venture capital firm where she is a partner for sex discrimination, it puts a real fly in the state’s — and specifically the tech industry’s — collective ointment.

The Times’s extensive story concerns Ellen Pao, a graduate of Harvard Law School and a former associate at Cravath. She has sued Kleiner Perkins Caufield & Byers, a major VC firm.

Let’s take a look at the specifics of the suit, as well as what it might mean for attorneys who work within the emerging “brogrammer” culture in Silicon Valley…

double red triangle arrows Continue reading “High-Profile Sex Discrimination Suit Shines Ugly Light on Silicon Valley ‘Bro Culture’”

No, not that gavel...

* Dewey retired partners with unfunded pensions get a seat at the table for this bankruptcy circus? Yeah, but only because the U.S. Trustee did something unheard of and appointed a committee of former partners as creditors. [WSJ Law Blog]

* Yesterday was definitely a great day to be gay on the east coast. In addition to the First Circuit’s DOMA decision, a New York appellate court ruled that being called gay is no longer defamatory per se. [New York Law Journal]

* Milberg is the latest firm to dump Paul Ceglia of Facebook lawsuit fame, but Dean Boland, his other lawyer, says the Biglaw firm just “serve[d] as a distraction.” Somebody please give this man a dislike button. [Buffalo News]

* Humblebrag of the day by Judge Alsup of Oracle v. Google fame: he’s written lines of code “a hundred times before.” He also squashed Oracle’s API copyright infringement claims like bugs. [Courthouse News Service]

* Remember Kimberly Ireland, the Kansas attorney who falsely accused Judge Kevin Moriarty of waxing his gavel beneath the bench? She got a retroactive two-year suspension. [ABA Journal via Legal Profession Blog]

* Elizabeth Warren has confirmed that she told Harvard Law and Penn Law that she was a Native American, but only after she had been hired. She didn’t get any action of the affirmative variety, no sir. [Associated Press]

* Recent law school graduates are a little more desperate than we thought they were. At least 32 people have already applied for that BC Law job advertising a salary below minimum wage. [Boston Business Journal]

* Activision settled a lawsuit with two Call of Duty developers, but isn’t worried about an effect on its financials due to a strong third quarter performance. And you can thank your damn Elite packages for that. [PCMag]

* Secret Service Director Mark Sullivan apologized before a Senate panel for his agency’s prostitution scandal. We bet that you’d be “deeply disappointed” too if your employees were caught stiffing a hooker on her bill. [Miami Herald]

* Day four of jury deliberations in the John Edwards campaign finance trial closed yesterday without a verdict. The former presidential candidate is probably just waiting to pack it in, get this jury declared hung, and call it a day. [CNN]

* “This case is maybe something like a near disaster for Oracle.” A jury ruled unanimously that Google didn’t infringe Oracle’s Java patents in developing its Android software. Maybe they weren’t evil after all. [Bloomberg]

* A record low of 41% of Americans call themselves “pro choice” when it comes to abortions, and only a little more than half think it should be legal under “certain circumstances.” What is this, Roe v. World? [Reuters]

* Chief Judge Jonathan Lippman put together a task force to make recommendations on how to implement New York’s new pro bono prerequisite. Please let them take law school clinic hours. [Corporate Counsel]

* Remember the lawyer who sued his posh fitness club over its failure to provide free breakfast? Not only is his suit now toast, but he also has to fork over some cash to the club’s lawyers. [New York Daily News]

The Snooki Defense

* Aw, come on, Mort, Dewey really have to pay you $61M? In case you missed it last night, the only thing that made the former vice chairman’s departure memo dramatic was the insane amount that he claims he’s owed. [DealBook / New York Times]

* Congratulations to Jacqueline H. Nguyen on her confirmation to the Ninth Circuit. She’s the first Asian American woman to sit on a federal appellate court, so she’s earned our judicial diva title (in a good way). You go girl! [Los Angeles Times]

* Google might’ve infringed upon Oracle’s copyrights, but a jury couldn’t decide if it constituted fair use. Sorry, Judge Alsup, but with that kind of a decision, you can bet your ass that there’ll be an appeal. [New York Times]

* A Harvard Law professor has come to Elizabeth Warren’s defense, claiming that an alleged affirmative action advantage played no role in her hiring. And besides, even if it did, it only played 1/32 of a role. [Boston Herald]

* Classes at Cooley Law’s Tampa Bay campus began last night. Unsurprisingly, the inaugural class is double the size originally projected, because everyone wants to attend the second-best school in the nation. [MLive]

* Albany Law will be having a three-day conference on the legal implications of the Civil War. This could be a little more exciting if presenters wore reenactment garb and did battle when it was over. [National Law Journal]

* Jury selection is underway in a second degree murder trial that will forever be known as the case where a defendant first raised the “Snooki Defense.” He didn’t kill his wife… but her spray tan did. [CBS Miami]

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