I was born and raised in Kansas. No big whoop. That state is where I took my first dump, drank my first beer, and felt my first boob. So, y’know, lotta fine memories. It’s where I first embraced my own mediocrity, never rising above third chair in a middle school band that had four trumpets. I have stories in which hay bales feature prominently. The town I was born in, Manhattan, is nicknamed the Little Apple. The more cosmopolitan among us always get a kick out of that last one.
Yesterday, a research attorney for a Kansas Court of Appeals judge was fired for tweeting the sentiment you see in the headline above these words. She was fired for getting all fired up and telling the world what she thought about one of the more irksome characters to pass through Kansas jurisprudence in the past many years. Sarah Peterson Herr, the lady who was fired yesterday for the tweets, learned an invaluable life lesson. Namely, that truth is almost never a defense. That you cannot, and probably should not, speak the truth whenever the mood strikes.
Even if it is about a man who doesn’t know how to spell his own first name…
* Supreme Court Justice Ruth Bader Ginsburg may be the oldest member of the high court, but she’s still one bad ass bitch. She broke two ribs in June, and still fulfilled all of her duties on the bench. We <3 RBG! [Reuters]
* While merchants will now be able to charge more when customers use credit cards, they might not get much else from this Visa / MasterCard settlement because of an American Express catch-22. [New York Times]
* The Garden State just got a little greener (in a sticky icky way): starting today, doctors in New Jersey will be able to register their patients for the Department of Health’s medical marijuana program. [Star-Ledger]
* After some highly questionable opposition from government officials, the city of Macon, Georgia, has approved the placement of a park bench in memory of slain Mercer Law grad Lauren Giddings. [Telegraph]
* Kansas Law received a $1M donation to support scholarships. The dean is thrilled, because the school will be able to compete to attract and retain students who will someday be unemployed. [Lawrence Journal-World]
* The verdict is in on who reigns as the highest paid TV personality. Even if you pee on her leg and tell her it’s raining, Judge Judy will be able to afford the dry-cleaning bill, because she’s loaded. [New York Daily News]
* Even if you’re a ho fo’ sho, that doesn’t mean you can’t do business in a ho-tel, mo-tel, or Holiday Inn. An Australian court ruled that denying prostitutes rooms was discriminatory. [International Business Times]
It’s been a while since we’ve used the “Creep of the Week” tag here at Above the Law, but today, we’ve got a lawyer whose alleged conduct is quite fitting for the title. Back in May, we briefly mentioned the activities of an alleged law firm panty peeper — an attorney — who according to a lawsuit filed last year, used an iPhone or an iPad to take upskirt photos and videos of his female employees while they were at work at his firm.
Now, just a few months after the allegations hit the news, that attorney has been dragged into criminal court and charged for his allegedly pervy predilections. Let’s find out more about the charges, and the allegations made against him in the lawsuit….
* 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]
* 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]
* 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]
The other day, I became aware of the term “Yolo,” the hip new teen abbreviation for “you only live once.” It seemed to me the stupidest thing I’ve heard in a long time, and the most recent indication that I’m quickly becoming a curmudgeon who grumbles things like “hurr, hurr, kids these days,” right before I hobble off to use my typewriter and abacus.
Unfortunately, it took less than a week before I found out about an even stupider “trend” that bored suburbanites in the flyover states have taken a fancy to. If you thought planking was bad, you’ve clearly never heard of “Urban Skittles.”
You always hear urban legends (and some of them turn out to be real cases) about burglars who sue — and win against — homeowners for injuries sustained during the robbery. These are the kinds of cases that make you wonder how the justice system even functions, because you can literally sue for just about anything these days.
Oh, you fell through a skylight while you were attempting to burglarize a home and cut your arm? File a lawsuit! You tried to steal a television set from your neighbor and got bitten by his dog in the process? Time to litigate! So, what happens when you’re on the run and you decide to break into a couple’s home and hold them hostage?
Our latest pro se criminal litigant decided to up the ante. He’s suing his former kidnapping victims for breach of contract….
Earlier this week, the federal government got some heat for allegedly violating the common man’s electronic privacy by snooping around in email and the like. Today we have a lawsuit from Kentucky accusing a tech company, specifically Facebook, of doing nearly the same thing.
What is going on? It’s almost like there’s no privacy anywhere anymore! (I’m kidding, of course: Privacy completely disappeared years ago.)
The suit, filed by an average Facebook user like you or me (well, most of you are lawyers, so not quite like you), claims a class of 150 million people, and damages of hundreds or thousands of dollars per class member. Exactly what heinous offense has Facebook supposedly committed?
You’re sitting in class, listening to your professor give a lecture. On this particular day, the content of the lecture is pretty interesting. You’ve minimized your Facebook window, and you’re actually enjoying yourself. As the class winds to a close, you see, out of the corner of your eye, a hand shoot up into the air. Dear Lord help us all. The gunner strikes again.
Your professor calls on the gunner, who then launches into a five-minute diatribe about some obscure aspect of the law. Class is over, and your classmates quietly sigh and groan as they watch other students leaving their classrooms. Your professor continues to indulge the gunner’s drivel. You’re trapped. Your class runs over, you’re now late, and you’re pissed.
Has this ever happened to you? Don’t you wish that gunners would just disappear?
Today’s Law Student of the Day has an idea that, if set into motion, will revolutionize and forever change the law school experience. What’s his plan, and where does he go to law school?
A trial was scheduled to start in Kansas federal court on June 14, 2011. Defendants moved for a short continuance because one of their lawyers is expecting his first child on July 3. (The lawyer in question, Bryan Erman, is quite cute — check out that chin dimple.)
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.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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