Why the Miami Vice theme song? First of all, that shouldn’t be a question because it’s always the right time for Miami Vice. Second, because this story implicates the coolest guy from the 1980s: Detective Sonny Crockett. How cool was Sonny Crockett? People actually watched Nash Bridges desperately pretending it was the same show except Tubbs got replaced by Cheech Marin playing José Jiménez or some other broad stereotype.
Crockett’s influence upon the 80s Zeitgeist extended to men’s fashion. Not just white suits over T-shirts, but dress shoes with no socks.
An attorney recently tried out his Sonny Crockett look in the courtroom. The judge was not as much of a Vice fan….
Here’s a sentence from a recent Seventh Circuit opinion:
[T]his case shows every sign of being an overzealous prosecution for a technical violation of a criminal regulatory statute — the kind of rigid and severe exercise of law-enforcement discretion that would make Inspector Javert proud.
This was a sentence from the dissent.
Amazingly, though, the majority voted to reverse the conviction. Judge Sykes, who authored the dissent, would have affirmed the conviction — though, presumably, not because she thinks a Javert-like prosecution is a model that the Department of Justice ought to aspire to.
These things do happen, but they’re usually one-time occurrences that would otherwise be missed by the members of the legal community, if not for our coverage here at Above the Law.
On the other side of the coin, when you screw up so many times that a federal judge feels the need to publicly excoriate you with the ultimate insult — by comparing your work to that of a pro se litigant — maybe it’s time to hang your head in shame for the rest of your days…
We were driving back from my girlfriend’s hometown. There are plenty of long silences during these drives. I like it that way. Occasionally, though, the silence is punctured by questions from Stephanie about evolutionary psychology (“Why do I crave sugar sooooo much?”) or animal husbandry (“When are we getting a dog and can we name it Chuck Bass?”). During this last drive, Stephanie asked me a particularly penetrating question. “What is the worst state?” Before I could answer semisolid, she clarified, “I mean, it’s gotta be Indiana, right?”
Probably? I thought about it awhile. Indiana is awful and, yet, boring at the same time. All the boredom of Kansas with all the progressive racial relations of Idaho. I can already hear the complaints that will emanate from this random introduction to a column that is nominally about sports and the law. “What about Florida?” “Has Stephanie ever been to Ft. Wayne in autumn?” “Does Lat even know you’re writing for this website?” These are all excellent questions and I respect the hell out of every single one of them. But I’m not going to apologize for my girlfriend’s bigotry. We’ve had Chuck Bass exactly one week and I love that dog. I love him with all my heart and I just want to say this right now, that regardless of what you say about it, we’re going to keep it.
It’s that time of year again, and people are starting to get very antsy as they await the results of the July 2013 bar examination. While a handful of states have released test takers from their torturous waiting game, other locales will keep bar examinees on pins and needles until November.
We’ve already heard about the results from North Carolina — as usual, the Tar Heel State was the first to get its results out. Speaking of North Carolina, we’ve heard this year’s results were rather ugly. It seems there was about a 10 percent dip in the passage rate this summer, even though no one had to take the bar in the dark. Yikes! Getting back to the results, next in line came Utah (remember when we released the state’s unofficial results?), followed by Florida, and then Indiana.
In 2011, when Indiana Tech announced it was going to open a law school in Fort Wayne, Indiana for no good reason, Indiana Tech President Arthur Snyder said that access to legal education in Indiana was a big reason for opening the fifth law school in the state: “There are potential students who desire a law school education who cannot get that education in this area, and there are people in our state who need legal services who don’t have access to them.”
This was always an incredibly weak argument. Now, as Indiana Tech is set to welcome its first starting class, we have some measure of proof that those 2011 prognostications were as incorrect as everybody knew they’d be in 2011….
A while back, someone wrote a book accusing a prominent former Karl Rove aide and conservative commentator of being a scheming, intellectually dishonest shell of a person, with nothing more to commend her than her beauty-queen good looks.
Once you recover from the shock, the wrinkle in this kerfuffle is that the book was written by her long-time friend and attorney, and draws upon what he learned over his years of representing the woman in various legal scrapes from divorce to criminal activity.
If you think writing a book divulging the confidences of a former client sounds suspect, well, the Indiana Supreme Court agrees with you…
UPDATE (1/7/14): Dee Dee Benkie reached out to us and noted that she never spoke to the Indiana Supreme Court, so the details in its decision represent only the former attorney’s side of the story and Benkie was not able to go on the record to defend herself.
A few weeks ago, we learned that when it comes to failed professional endeavors, hell hath no fury like a patent attorney scorned. Now we know the same sentiment applies to their failed romantic wranglings.
What would a patent partner do if a summer associate turned away his sexual advances? He’d do what any dork would: in the hopes of ruining her budding career, he’d obtain a movie clip of the girl in a state of undress and pass it around via email to more than 50 Biglaw attorneys.
Of course, this led to a disciplinary action in which the brokenhearted patent practitioner employed some pretty wild defenses, the most entertaining one being that his slut-shaming was beyond ethical reproach because it was constitutionally protected speech….
* The revised transcript from the day Justice Thomas spoke during oral arguments has arrived, and it seems his record for not having asked a single question from the bench is still intact. [WSJ Law Blog (sub. req.)]
* The Seventh Circuit ruled on Indiana’s social media ban for sex offenders, and the internet’s filth will be pleased to know they can tweet about underage girls to their heart’s content. [National Law Journal]
* Propaganda from the dean of a state law school: lawyers from private schools are forcing taxpayers to bear the brunt of their higher debt loads with higher fees associated with their services. [Spokesman-Review]
* Rhode Island is now the only state in New England where same-sex couples can’t get married, but that may change as soon as the state Senate gets its act together, sooo… we may be waiting a while. [New York Times]
* It’ll be hard to document every suit filed against Lance Armstrong, but this one was amusing. Now people want their money back after buying his autobiography because they say it’s a work of fiction. [Bloomberg]
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: