* You can go to jail for possession, but if you actively aid and abet drug cartels, you can walk away with a fine worth 5 weeks of your income. It also helps if instead of “poor” you’re a bank. Hooray for “Too Big To Hold Accountable For Anything!!! [Rolling Stone]
* Disney has gotten fed up with “mockbusters,” films that jack the studio’s logo to confuse people into buying a different DVD. Now if you’ll excuse me, I’ve been itching to check out this new flick September: Osage County. [Jezebel]
* Dahlia Lithwick explains that too many schools feel the cure for the trauma of school shootings is… creating more trauma. [Slate]
* Chief Judge Theodore McKee of the Third Circuit rules that the government can detain you for carrying Arabic flashcards. This doesn’t even make racist profiling sense: “bad guys” would already know how to speak Arabic, right? [The Raw Story]
* Defendants need to understand that getting an acquittal requires them to expend some personal effort, too. [Katz Justice]
Remember the 80s? Big hair, Dynasty, Huey Lewis was popular for some reason. Well, Judge Jed Rakoff remembers the 80s, and he also remembers the way the federal government used to actually investigate and prosecute people who committed massive financial crimes — Mike Milken, Ivan Boesky, Charles Keating, a bevy of other savings and loans kingpins. Good times.
And Judge Rakoff wants to know what happened to prosecuting financial crimes, specifically the sort of fraud that crippled the economy. So he took to the pages of the New York Review of Books to ponder all the financial prosecutions that could have been. And he has some theories about what happened and how prosecutors could do a better job in the future.
It’s a fascinating look at a bunch of ideas that the government is going to totally ignore…
* Lanny Breuer’s resignation from his post as the assistant attorney general for the Criminal Division of the Department of Justice is neither fast nor furious enough for his critics. [Blog of Legal Times]
* “I don’t reimburse for taxi and car services around Manhattan.” Judge Martin Glenn is none too pleased with costly expenses billed to the Dewey & LeBoeuf bankruptcy estate by Togut, Segal & Segal, and he’s started slashing fees left and right. [Am Law Daily]
* The Florida Space Coast School of Law? This totally necessary school has a name that no one will ever be able to make fun of. Please let there be an equally necessary space law concentration. [Daytona Times]
* “Being rude is not illegal,” but thanks to The Dirty, it might have some damning consequences for CDA § 230. Maybe it’s a good thing the jurors in this sexy teacher’s defamation case were deadlocked last night. [KY Post]
* Julie Taymor settled her suit against the producers of Broadway’s musical adaptation of Spider-Man. It turns out all the judge had to do was schedule a trial date to get the parties to turn off the dark litigation. [Bloomberg]
* Here’s an example of legal Kaepernicking: the NFL got to flex its muscles when it strong-armed a football fan into abandoning his trademarks on “Harbowl” and “Harbaugh Bowl” in anticipation of the Super Bowl. [ESPN]
Nothing pisses off a lawyer more than uncertainty. Uncertainty gives rise to the risk of undermining the facade of perfect knowledge that attorneys prefer to convey to their clients. Given this character trait, it’s no surprise that the collective white-collar and corporate counsel community is freaking the hell out about every scrap of information it can glean from the Justice Department about its new Foreign Corrupt Practices Act (FCPA) enforcement policy.
So what exactly has these observant lawyers in a tizzy?
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…