I asked my fiancée if she wanted to see naked pictures of Jennifer Lawrence. “Sure.” So I showed her. “She looks good.” Then she scratched her nose and went back to planning our wedding. “What about Kate Upton?” “Sure.” So I showed her. “She’s got huge boobs.” Her nose still itched. The seating chart was still totally fudged up. Pretty uneventful Sunday night as those go.
Last weekend, the Internet exploded in a terrific tumescence over naked pictures of women. You probably heard. But now, after the hot action, and while the whole world smokes a post-coital cigarette, we are left to sort through the regret. Chief among this shame is news that one of the stars of the tawdry affair may have been underage when the pictures were taken. Mc-kay-la: the tip of the tongue taking a trip of three steps down the palate to tap, at three, on the teeth. Mc. Kay. La.
ESPN, your trusted source for manufactured controversy, chose to report on this actual controversy in the most opaque manner possible.
In case you haven’t heard, over the weekend a whole bunch of celebrities got hacked and nude photos of them leaked onto the internet. Let me just start out by saying that hacking into a celebrity’s phone and stealing her nude photos is just a horrible thing. It’s not a funny joke. It’s not something hackers should be high fiving over. Celebrities have the right to live private lives like everyone else and they have the right to take and keep private photos. On top of the embarrassment of having their private photos available to their parents and all of their fans and every pervert with an internet connection, it could seriously damage their careers. This should be another big warning slap in the face to everyone who stores private or confidential things on the internet, especially lawyers.
What lessons can lawyers learn from this unfortunate episode?
A few months ago, I went to an MCLE seminar on cybersecurity. The 90-minute presentation hit topics such as public wifi, cloud computing, thumb drives, and password strength. The goal of the presentation was of course to scare everyone into being more vigilant in their firm policies regarding cybersecurity. The recommendations included:
Never use cloud computing. Always store your data on onsite servers.
Don’t use thumb drives on company computers.
Never use any mobile devices to store firm information (including emails).
After the presentation, we ate dinner, and everyone and my table came to the same conclusion: “Screw that. We are going to use thumb drives while checking our business email on our phones while client files upload to Dropbox.” That’s because some things are just too convenient to give up. As a solo, I might not want a server that I have to maintain. And I like getting my emails on my phone and on my watch because it makes my life easier.
Now, I don’t want to make light of cybersecurity because it is a very serious issue. But, the fact remains that if your data exists in a tangible form, people can steal it and it is vulnerable….
* In a development that should shock no one, it turns out the Chinese hackers may have been turning their attention to infiltrating law firms “which hold valuable intellectual property for their clients but often lack the security defenses of a larger corporation.” [Bits / New York Times]
* Model suing hair salon for $1.5 million for ruining her career. That sounds funny, but the story is actually kind of horrifying. [New York Post]
* Are we looking at an M&A boom in 2014? Frank Aquila of S&C thinks so. After the jump… [Mimesis Law]
In the wake of the Heartbleed incident, everyone is understandably concerned about their online privacy.
If you’ve applied to law school with the assistance of the good folks at LSAC, you probably appreciated the opportunity to have your law school application process entirely automated. But you also placed your personal information at risk, up to and including your Social Security number, due to some serious (but easily remedied) security flaws.
Thankfully, they know about the problem and are working on it.
Maybe. Eventually. It’s not really clear.
Which, considering the gravity of the risk, is just as discomforting an answer as blowing it off completely….
* Choose your own adventure: Will you read this to see how many times Justice Alito recused himself during OT 2013? Or will you read this to see Justice Alito’s doofy-looking picture? [National Law Journal]
* Hackers took down the entire PACER system as well as various federal court websites on Friday. No, the FBI says it was “technical problems.” Oops, nope, still hackers. [Switch / Washington Post]
* It seems the best way to train new associates is to do the opposite of what Biglaw has been doing for decades. Take Stephen Susman’s word for it — you could probably end up with a $40k bonus. [The Careerist]
* “Everybody’s been very nice to us, even though we’re lawyers.” Shocker. David Boies, Ted Boutrous, and Ted Olson had fun at the Sundance Film Festival promoting “The Case Against 8.” [Associated Press]
* Finally, a happy ending to an absurd science experiment. Over the weekend, a judge ordered that Marlise Munoz, a brain-dead pregnant woman in Texas, be removed from her respirators and ventilators. [CNN]
This weekend, New York Times tech journalist Jenna Wortham made a confession that could be used to send her to prison for a year or more. What was the startling criminal admission? She uses someone else’s password to sign into HBO Go to watch “Game of Thrones.”
[Some friends and I] all had the same plan: to watch the season premiere of “Game of Thrones.” But only one person in our group had a cable television subscription to HBO, where it is shown. The rest of us had a crafty workaround.
She says “crafty.” A federal prosecutor might substitute “illegal” there….
A famed hacker, Andrew “weev” Auernheimer, was sentenced to 41 months in prison yesterday. A jury convicted Auernheimer of conspiracy and identity theft back in November stemming from his role in a scheme to snag the personal email addresses of over 114,000 iPad users, including Mayor Michael Bloomberg, Diane Sawyer, and Mayor Rahm Emmanuel.
Auernheimer argued that he acted as an uninvited “gray hat” hacker, grabbing the email addresses of customers for the sole purpose of exposing the flaws in AT&T’s security.
The sentence, at the upper end of the Guidelines range, is a far cry from the non-custodial slap on the wrist Auernheimer’s attorneys sought. There are two broad categories of response to the sentence. First, that Auernheimer is a completely terrible human being, but that his being a dick does not justify the harsh sentence. Second, that Auernheimer did not commit a real crime because he never intended to steal anyone’s identity and the Computer Fraud and Abuse Act is a bad law.
To these arguments, I reply “yes it does,” and “who cares?”
* “I’m a New Yorker, and I jaywalk with the best of them.” Don’t be fooled by the rocks job that she’s got — she’s still, she’s still Jenny Sonia from the block. The Supreme Court’s very own wise Latina, author of a new memoir (affiliate link), is proud of her city. [New York Times; 60 Minutes]
* If you’re looking for an M&A adviser, you’d be wise to seek out counsel from Skadden Arps. The firm swept three separate rankings lists based on the total value of its clients’ 2012 M&A transactions. [Am Law Daily]
* Only in the world of legal education could the dean of a law school that isn’t even numerically ranked by U.S. News have the highest salary of all law deans nationwide. (We’ll likely have more on this later.) [Boston Globe]
* Arizona schools will allow 3Ls to take the bar exam, but New York schools may soon do away with 3L year altogether. Of course, the ABA will find a way to muck it up, but still, hooray for progress! [National Law Journal]
* Remember “Made in Jersey,” the show about a stereotypical Jersey girl who made the jump to Biglaw? Yeah, neither does anyone else. Hopefully “Staten Island Law” won’t face the same fate. [New York Daily News]
* “Sexiness is all about being a woman of character.” Our congratulations go out to DaNae Couch, the Texas Tech law student who advanced to the Top 10 of the Miss America competition. You go girl! [Lubbock Online]
Have you tried visiting the website of your favorite major law firm today and encountered something like this? Here’s a screenshot for Davis Polk (but you’ll see something similar for Cravath, Jones Day, White & Case, and many other top firms that tipsters emailed us about today):
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: