* Everybody is entitled to a competent defense. It’ll make justice possible. I’m just so thankful I don’t have to defend people like this. [CNN International]
* In other terrible rape news, make no mistake, we need more people prosecuting rapists than we need defending the few falsely accused. [Slate]
* More news that fewer people are taking the LSAT. Somebody better tell Dean Lawrence Mitchell that it’s time to fire off another op-ed. Maybe he can tell people that getting a Case Western J.D. comes with a chance to enter a drawing to attempt a half-court shot for a million bucks. [Faculty Lounge]
* If you want to put a billable hours requirement on your bonuses, things like this are bound to happen. [The Volokh Conspiracy]
* Law graduate makes fun of “sloppy” recruiters. I hope his loan officer doesn’t end up making fun of a sloppy payment schedule. [Legal Cheek]
* Jason Cai, the software engineer convicted in the spring of murdering a young attorney, was sentenced today to life in prison without parole and ordered to pay more than $700,000 to the slain woman’s family. [Mercury News]
* An appeals court revived a discrimination lawsuit filed by a woman against her employer. And nobody cares. Wait, hold on a sec. Her employer is the Equal Employment Opportunity Commission. What, what, whaaaat? [WSJ Law Blog]
* James Holmes, the man accused of last week’s movie theater shooting spree, has been formally charged with 142 criminal counts. They include 24 counts of first-degree murder and 116 counts of attempted murder in the first degree. [Courthouse News Service]
* The Twinkie defense is so played out. Now, courtesy of an ex-Citigroup employee, introducing the brand spanking new “Where’s Waldo” defense. [Reuters]
* India’s largest and oldest television network has accused Nielsen of violating the FCPA by manipulating viewership data in favor of networks that offer bribes. Say it ain’t so! [Hollywood Reporter]
Oh happy Indian man, you know this globalization trend works both ways, don't you?
Protectionism is a song as old as time. We do it, and other countries do it to us. Every country is trying to figure our how to maximize the benefits of globalization without making their own people join a frenzied “dey tuk er jerbbbs” mob.
And that’s fine. This economic competition is good for standards of living all across the world — unless, of course, it leads to nuclear war.
But sometimes the lack of global reciprocity can become maddening. Take the outsourcing of legal work. For years we’ve been talking about how entry level, “document monkey” jobs are going from junior Biglaw attorneys to cheaper workers in India and a few other countries. Ever since the American Bar Association changed its rules in 2008 and allowed American legal work to be done offshore, competition from India over low-end legal work has been a key factor for those who care about the future of Biglaw.
And yet India remains a closed legal market to U.S. and British firms. Western firms are not allowed to do legal work in India, even though Western firms and clients are free to send work to India at the cost of American jobs.
Does this mean whoever keeps an eye on the Indian legal economy is doing a far, far better job than our own American Bar Association? Sure. But it’s hardly breaking news that the ABA is ineffective.
What’s far more newsworthy is that this fundamental inequity between the two legal markets might be changing — not because the ABA is magically getting its act together, but because Indian authorities might be willing to stop being a$$holes….
Foreign LLM students are often like Rodney Dangerfield: they don’t get no respect. American-born JD candidates make fun of LLMs: their awkwardness, their accents, their ignorance of U.S. customs, and their repeated references to life and law in their home countries (“Back on Mypos, we don’t have contributory negligence….”).
Well, next time you want to make fun of an LLM student, check yourself. That LLM student might be the future president of his country — like Mikheil Saakashvili, the Georgian president who earned an LLM at Columbia Law School.
Or, better yet, that LLM student might be the most beautiful woman out of 600,000,000. The nation of India has a population of around 1.2 billion — and a former LLM student at NYU Law School was just crowned Miss India, making her that country’s #1 specimen of womanhood. Eat your heart out, Reema Bajaj.
Anthony Weiner at today's press conference (via Getty Images).
* Kashmir Hill’s take on Weinergate. She shares my admiration for Rep. Anthony Weiner’s sculpted physique, as showcased in his shirtless pics. [Not-So Private Parts / Forbes]
* Charles Colman poses a question for intellectual-property types to puzzle over: “at what point is a slogan so descriptive that it would simply be unreasonable to let just one company use it”? [Law of Fashion]
* Ross Fishman asks: How can law firms in smaller cities and legal markets generate inbound referrals? [Ross's Law Marketing Blog]
If you’ve been following along with the trend towards outsourcing over the past few years, you know what American lawyers are up against. Indian lawyers can do American legal work… while American attorneys are shut out of India’s (large and growing) legal market.
As many of you know, President Obama recently fledtraveled to India, and ABA president Stephen N. Zack is begging Obama to use his international goodwill to convince India to stop acting like dicks in an exclusionary fashion with respect to American lawyers and law firms.
Zack’s arguments are simple ones, based on sound business practices, free trade, and fundamental fairness. Yet these arguments haven’t worked on Indian legal authorities, and apparently Obama isn’t any more receptive…
An environment in which a person has run up $150,000 in student loans to pay for a law degree only to see jobs exported to India whose citizens are apparently very knowledgeable about the U.S. legal system.
Example: “The best job in the knowledge economy is plumbing because nobody with an advanced degree knows how to use Drano.”
This has all happened before, and this will all happen again. So say we all. At the beginning of the recession, just weeks after Lehman Brothers collapsed in September 2008, we brought you a New York Times article from 1990 that illustrated the similarities between the tough legal job markets created by Bush 41 and Bush 43.
Today, we run the DeLorean even further back in time, and to an entirely different country. A loyal reader was cleaning out his office and came across an article from The Law College Magazine of Bombay, India, from 1930. The piece is entitled: “Is It Worthwhile? A Frank Talk With Budding Lawyers.” And it’s all about whether a person should pursue a two-year law degree in India in the 1930s.
Folks, let me tell you: some people worry that India will become the new market for American legal jobs, but that’s not the real fear. The real fear is that American law students will become like Indian law students in 1930.
“Believe me, kiddos, this is bad news for all of us.”
As many websites and blogs (including ATL) mentioned last week,The New York Times published an article by Heather Timmons entitled “Outsourcing to India Draws Western Lawyers.” The quote above was from the blog Shilling Me Softly giving its take on the article. As you can probably discern from The Times headline, the piece was very favorable toward legal outsourcing taking place overseas…
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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