Have you ever been to a deposition that got physical? Maybe some fisticuffs, or a little shoving? No? Well, obviously you’ve been hanging out in the the wrong conference rooms.
A complaint filed in Santa Monica Superior Court and reported on by Courthouse News Service accuses a Drinker Biddle partner of “robust, unlawful force” that resulted in opposing counsel breaking his wrist. The alleged assault happened at the Beverly Hills office of the Excelus Law Group, a small law firm based in southern California. Attorney William W. Bloch claims that Drinker Biddle’s Henry Shields refused to leave his conference room after a deposition, and then assaulted him — with “some kind of martial art move.”
Shields and other Drinker Biddle attorneys who were there deny all of these allegations. And affidavits submitted by Drinker Biddle attorneys, as well as the actual deposition transcript, seem to paint a different — and much more hilarious — version of events…
As many of you already know, if you don’t want to use email, you can send tips to Above the Law by text message. The number to use is 646-820-TIPS (or 646-820-8477).
That number, which is hooked up to our Google Voice account, also accepts voice mails. We strongly prefer text-based tips, via email or text message, over voicemail tips (which require us to listen and transcribe). But you can leave us voicemails if you like.
In the wake of the Casey Anthonyverdict, one reader left us a, um, very interesting voice-mail. Check it out — it’s under 10 seconds….
Watch out, Warner Bros. and Munger Tolles: the machete-wielding, tiger-blood-fueled Charlie Sheen is coming after you. The seemingly deranged actor, who was recently fired from the CBS hit show “Two and a Half Men,” has filed a $100 million lawsuit against Warner Bros. and Chuck Lorre, the studio and executive producer of the show, respectively.
You can read more via the links below. And in case you missed it, be sure to check out Marin’s awesomely hilarious post, “The Busy Lawyer’s Guide to Charlie Sheen’s Bitchin’ Termination Letter,” which takes a closer look at some of the issues that will likely arise in this litigation.
You don’t have to be a total bitchin’ rock star from Mars to have predicted that Warner Bros. — the company that produces Two and a Half Angry Men and, not un-coincidentally, Looney Tunes — would fire Charlie Sheen from the show. And on Monday, that’s exactly what happened. Writing on behalf of Warner Bros., Munger Tolles (specifically, partner John Spiegel) fired off an 11-page letter immediately axing Charlie from Two and a Half Laughs, Ever Men.
But even if someone wields a machete from a roof or requests a battle in the Octagon, you can’t necessarily fire him for cause just because he’s crazy. For instance, Tom Cruise jumps on couches and he has gone on to not be fired from several lackluster movies, most notably Valkyrie. Warner Bros. needs cause to fire Charlie under his $1.8 million per episode contract, and in the letter, they offer up a kitchen sink of it.
A lot rides on the outcome here: if Charlie prevails in arbitration and proves that Warner Bros did not have cause to fire him, he stands to get paid for the ten remaining episodes in the show’s ninth (!!) season. And if the reports are accurate, he also has a “Michael J. Fox” clause in his contract, which specifically permits a washed-up 80s actor to continue to draw paychecks from humorless sitcoms that remain in production after the actor has left the show to fade into obscurity – a hold over from the days when Sheen replaced Fox in Spin City and Fox continued to get paid. If Warner Bros. prevails, they may seek 10 episodes worth of lost revenue from Charlie, though admittedly it will be difficult to convince an arbitrator that anybody watches the show, must less pays to advertise on it.
In any event, down to brass tacks. Here are the various allegations Warner Bros. makes in the termination letter to assert that they have cause to fire Charlie under his contract, along with my evaluation of their merits….
But the embarrassment of riches in Riches’s latest complaint should remind everyone why he is still the king of pro se whackjobs. On January 24th, he filed for a temporary restraining order against Jared Lee Loughner, the alleged shooter in the Tucson attacks. Riches claims that if the Bureau of Prisons should transfer Loughner to the Lexington, Kentucky facility that currently holds Riches, Loughner might use “his bare hands or a prison shank to kill me for being a moderate Democrat.”
And if you know anything about Riches, you know that quote isn’t anywhere near the craziest claim in his complaint…
If you’re going to be a diva, then own it. Was this lesson lost on Yale law professor Amy Chua, the author of an incendiary essay in last weekend’s Wall Street Journal, Why Chinese Mothers Are Superior, and a new book about Eastern versus Western parenting styles, Battle Hymn of the Tiger Mother?
Professor Chua seems to have it all: brains and beauty; an incredible academic career, with an endowed chair at Yale Law School; a hunky husband, fellow YLS prof Jed Rubenfeld; and two lovely and accomplished daughters. (Speaking of Chua’s kids, does anyone know where her oldest girl, Sophia Chua-Rubenfeld, is attending, or applying to attend, college? To Asian parents, sending a child to a top college is the ultimate vindication.)
Sophia Chua-Rubenfeld
But Amy Chua may need to work on her bitch-goddess qualities. After her controversial essay about the superiority of Chinese mothers and hard-ass Asian parenting set the blogosphere on fire — and sent her book rocketing to #5 on the Amazon bestseller list — Chua backtracked a bit, instead of defiantly standing her ground.
Right now the legal world is abuzz about an essay published over the weekend in the Wall Street Journal by Amy Chua, a prominent (and pulchritudinous) professor at Yale Law School. The essay’s title, Why Chinese Mothers Are Superior, pretty much says it all. The piece is based on Chua’s new book, Battle Hymn of the Tiger Mother, described by its publisher as “[a]n awe-inspiring, often hilarious, and unerringly honest story of one mother’s exercise in extreme parenting, revealing the rewards-and the costs-of raising her children the Chinese way.”
What does raising children “the Chinese way” entail? It’s not hard to guess. Here’s a good summary from Vivia Chen (one of the many Asian-American females to write about Chua; see also Jen Chung of Gothamist and Elizabeth Chang of the Washington Post): “Chua is an überachiever who’s hell-bent on raising her kids to be at least as accomplished as she is. Chua seems to delight in playing up to the stereotype of the pushy, academically obsessed Asian mom. So much so that I thought (for a moment) that she was pulling our legs. But she’s serious.”
Very serious. Let’s take a look at how Chua and her husband — Jed Rubenfeld, a Yale law professor, overachiever, and certifiedhottie, just like his wife — raise their two daughters, Sophia and Louisa Chua-Rubenfeld….
Pure lunacy is on display today in the Dear Prudence column on Slate. A prospective law student is set to take the December administration of the LSAT. But his or her grandmother — for ease of reference, I’ll use the male pronoun throughout this post — recently lost a battle with Alzheimer’s. Hence this question to Prudence (from questioner “Funerals and Such”):
I lost my grandmother yesterday, and I am devastated as we were very close. She had Alzheimer’s for years, and I made my peace with this some time ago. My family has planned the funeral for Saturday.
Here is the problem: My LSAT is Saturday, and I have waited for years for an opportunity to pursue law school. (I am near 30.) I told my mom that I couldn’t make the funeral because I cannot reschedule the LSAT, and she was furious! I have been on the phone with the LSAT people all morning, pleading to reschedule. No luck. Mom has informed me that she and my family are really disappointed with me, and I need to be at the funeral in order to pay my respects.
I don’t want to disappoint my family, but I have waited my entire life for this chance at law school, and I don’t want to give it up now. Additionally, if I don’t take the LSAT on Saturday, I will miss the opportunity to take it again in February (possible surgery), and I can kiss law school for next fall goodbye!
Yeah, this fellow is trying to decide between taking the LSAT or honoring his dead grandmother, and it’s apparently an open question. He’s going to make an excellent Biglaw attorney someday.
In the meantime, Prudence and I disagree about the appropriate response….
This morning, the Senate had a TSA oversight hearing to discuss serious issues around secure air travel, notably the use of see-through-your-clothes scanners and aggressive “crotchal area” patdowns. A highlight was the TSA head offering any of the senators that wanted one a sample patdown to experience it for themselves. No happy ending guaranteed.
For the patdowns and scanners, that is. “There must be a way to figure out how to do what’s necessary… and for the privacy concern to be addressed because it’s legitimate,” said Senator Kay Bailey Hutchison in her opening remarks.
Frequent flyers are increasingly annoyed with their air travel experiences, whether they’re being scanned, felt up, paying for extra bags, or having their flights delayed or canceled. One U.K. man turned to Twitter in January to vent his frustration when his visit to a lady friend in Ireland was thwarted by a snowstorm. Paul Chambers tweeted, “Robin Hood airport is closed. You’ve got a week and a bit to get your sh*t together, otherwise I’m blowing the airport sky high!!”
The British sense of humor tends to be dry. Chambers’s was too dry for the courts there. He was convicted of being a menace and ordered to pay $4,800 in costs and fines. When his appeal was denied last week, it caused an explosion on Twitter. And those protest tweets will soon be turned over to police…
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 asia@kinneyrecruiting.com 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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