Cease-and-desist letters are usually useful legal tools to help combat the appropriation of intellectual property, but sometimes lawyers are a little too quick to send them out.
Take, for example, a recent C&D letter Instagram’s legal department sent to a website owner who was supposedly infringing upon the photo-sharing service’s trademark with his registration of the “slutsofinstagram.com” domain name.
You can’t blame Instagram for not wanting its mark to be associated with a website purporting to depict the “Sluts of Instagram,” but as it turns out, the offending website doesn’t have any sluts at all…
Law is one of the most conservative professions in the world, and in general, it is not a kind place for women. Every single thing women in the legal profession do is scrutinized, from the way they dress, to how they speak, and even the length of their hair. They say that women who are lawyers can have it all, but when we live in a world where we’re put up against such odds, it seems like an improbable, if not impossible, feat.
That’s why attorneys across the country are talking about a recent law school graduate who is trying to make her name in the legal community. This woman has a foot in two worlds — she’s a lawyer, but she’s also a bikini model, and she’s very upset that people may not take her seriously because of all of the skin she shows online.
Some are calling her an “HR nightmare,” but others are praising her for daring to dream. Who is she, and why should you care about her?
I guess a 171 #LSAT isn’t #good #enough for #HarvardLaw … looks like a bunch of #sniveling #little #whiners had their #mommys and #daddys make #phonecalls and #write #checks…
– An unknown student who, I’m guessing, didn’t get into Harvard Law. He took to Instagram to blast the school in a message that can only be described as hashtag abuse. Seriously, hashtagging “write” and “checks” separately?
(If you were hoping this breathless stream-of-consciousness diatribe was longer, and filled with more inappropriate hashtags, then you’re in luck! A screencap of the Instagram photo is available after the #jump.)
* Dewey know how much money this failed firm has run up on its tab for legal advisers since May? It’s quite the pretty penny — $14.8 million — and that amount actually includes some pretty ridiculous fees and charges, like $21,843 for photocopies. [Am Law Daily]
* Everyone’s glad that we didn’t nosedive over the fiscal cliff, but the people who are the most excited about it seem to be Biglaw partners. This wasn’t the best bill, and more uncertainty means more work, which means more money. [National Law Journal]
* It looks like we’re never going to find out what the Justice Department’s legal justification was for the targeted killing of Anwar al-Awlaki, because a federal judge upheld the validity of its secret memo. [New York Times]
* Everyone flipped out over Instagram’s money filter, but they’re keeping relatively quiet about this mandatory arbitration provision. Quick, post some pseudo-legalese on your Facebook wall. [WSJ Law Blog (sub. req.)]
* Good news, everyone! Thanks to this ruling, in Virginia, you can be as nasty and negative as you want to be on Yelp without fear that your voice will be censored… kind of like the Above the Law comments. [All Things D]
* Another year, another round-up of the year’s legal highlights from the National Law Journal. Perhaps after a year that was wracked with destruction for this supposedly noble profession, we’ll actually see some substantial change in 2013. [National Law Journal]
* Meanwhile in Iowa, failure to sleep with your horndog boss is “like having a Lamborghini in the garage and never driving it,” so if he’s irresistibly attracted to your exotic lady parts car, you better be ready, willing, and able to find yourself a new job. [Washington Post]
* People were so pissed off about Instagram’s new terms of service that someone filed a class action suit. The app’s litigation filter must make exasperated attorneys and wasted dollars look shiny and happy. [Reuters]
* “It is not the perfect path to wealth and success that people may have envisioned.” As we’ve been stating here at Above the Law for years, being a lawyer is no longer the golden ticket that it once was. [Bloomberg]
* ASU Law will now offer a North American Law Degree that’ll prepare graduates to practice in the U.S. and Canada. Yes, ship your jobless grads north where there’s an articling crisis, great idea! [Associated Press]
The change comes on the heels of corporate owner Facebook giving itself the right to dip into the data Instagram has on its users, which means Instagram’s photos will start being fed into Facebook’s well-oiled advertising platform.
[Y]ou hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, except that you can control who can view certain of your Content and activities on the Service…
In other words, Instagram recognizes that it shouldn’t screw over users who have private accounts by using their photos in ads aimed at the general public (though they can put them in ads aimed at your friends).
* Little known fact of the day: the late comedienne Phyllis Diller apparently had a storybook romance with Paul Hastings name partner, Robert Hastings. She once said that her longtime Biglaw beau was the “love of [her] life.” [Am Law Daily]
* The Federal Trade Commission has closed its antitrust review of Facebook’s proposed Instagram purchase, clearing the way for the social networking site’s users to post grainy pictures to their hearts’ content. [Bloomberg]
* A former Vancouver lawyer serving a 15-year sentence for money laundering claims that one of the Mounties who investigated his case played a game of “hide the Canadian bacon” with Judge Ursula Ungaro. [Province]
* A judge who resigned in April has been retroactively removed from office for admitting to having sexual contact with his five-year-old niece. He presided over family court matters. Figures. [New York Law Journal]
* Which accomplishments and activities should you leave off your résumé? A) law review editor in chief; B) second in the class; C) 4.05 GPA; D) nonprofit executive director; E) child porn aficionado. [Willamette Week]
* Stabbing your lawyer is so last season. Another criminal defendant reportedly attacked his defense attorney in court, but this time chose to whack his own counsel in the head with his handcuffed hand. [Boston Globe]
* With help from Fenwick & West, Facebook snatched up Instagram in a $1B deal that closed in just 54 hours. That’s a big accomplishment, but the bigger one was valuing a company that helps f**k up your photos at such a high price. [Am Law Daily]
* Senator Dick Durbin is trying to collect stories about soul-crushing law school debt in an effort to reform lending laws, but law students and new lawyers aren’t speaking up about the problem. Hey, Dick, it’s time to start reading Above the Law. [National Law Journal]
* Apparently sarcasm is lost upon mention of George Zimmerman, so let’s play this one straight. The man who shot and killed Trayvon Martin has set up a website to solicit money for his defense fund. Actually, that’s a pretty great punchline on its own. [MSNBC]
* A judge has refused to reduce accused “Millionaire Madam” Anna Gristina’s $2M bail. With her alleged clientele, you’d think she’d be able to afford it. Come on, John Edwards gets $400 haircuts. He’s probably willing to pay top dollar for his call girls. [Bloomberg]
* Amanda Bynes wasn’t drunk on alcohol, she was drunk on emotions, claims her daddy. That’s a defense that will totally stand up in court on a DUI charge. [New York Daily News]
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
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: