Marc Randazza

This looks rather disgusting, but that’s just my (non-actionable) opinion.

As online review sites like Yelp and social-media sites like Twitter continue to grow, free speech issues related to these online services will continue to proliferate. A contentious case currently pending in federal court down in Florida raises a host of interesting issues about the scope of online free speech.

The plaintiff company, Roca Labs, sells a product that you consume for weight-control purposes. If this makes you think of delicious almond roca, think again. Components used by Roca Labs in its diet products include “Guar Gum, Konjac, Inulin, Beta Glucan, Xanthan Gum, Maltodextrin, [and] Vitamins B6, B12, C.” If you don’t recognize most of the ingredients in something you’re consuming, that’s usually not a good sign.

Does the thought of eating that goo make you want to gag? Well, Roca Labs wants to gag you….

double red triangle arrows Continue reading “A Case That Will Make You Want To Gag”

Kathryn Ruemmler

* Boies Schiller announced it will be working with Hausfeld LLP for the limited purpose of creating a new practice group that will allow the firms to co-represent professional athletes. (Sorry, college athletes, you don’t count yet.) [Bloomberg]

* It’s highly likely that departing White House counsel Kathryn Ruemmler will return to her former stomping grounds at Latham & Watkins. Imagine how many pairs of shoes she’ll be able to buy with her Biglaw money. [Washington Post]

* Governor Andrew Cuomo is so desperate to keep the Buffalo Bills in Western New York that he recently inked a $350K deal with Foley & Lardner to convince the team’s future owners to stay put. [Buffalo News]

* The Above the Law Top 50 Law School Rankings are virtually ungameable, but Kyle McEntee of Law School Transparency proposes a novel way deans can try: by lowering tuition. GASP! [Law.com (reg. req.)]

* Marc Randazza, one of the preeminent lawyers on First Amendment rights (who happens to represent us from time to time), thinks what happened to Don Sterling was “morally wrong.” Interesting theory. [CNN]

These are just right for Hefner, Guccione & Flynt LLP.

* How high can your heels be for a job interview? [Corporette]

* If you think your client is committing securities fraud, the Supreme Court has good news! Sarbanes-Oxley’s anti-retaliation protection extends to Biglaw associates. [Whistleblower Protection Law Blog]

* Here’s more on today’s Chevron ruling from the perspective of the energy community. [Breaking Energy]

* The California Bar eJournal is running a poll asking the question, “Do you believe that the law school you attended prepared you to practice law?” The results may surprise you! (Shhh! No they won’t.) [Survey Monkey]

* An accused killer asks to withdraw his guilty plea by calmly explaining to the judge that he was high as a kite when he pleaded guilty and that his lawyer was busy boning the prosecutor. He earns an A for effort on that one. [Albany Times-Union]

* Chris Christie’s former campaign manager, Bill Stepien, appears to be the target of a federal investigation. It’s a bad time to be in Christie’s orbit. [Bergen County Record]

* Third time’s the charm! Kevyn Orr, Detroit’s Emergency Manager, is making his third bid to authorize a giveaway to the banks settle a massive derivatives deal that played a big role in Detroit’s financial woes. The judge overseeing the case rejected the prior proposals and may do the same again since the new deal grants UBS and Merrill Lynch a release from liability for the events surrounding a billion dollar deal. [Demos]

* Kerry Kennedy beat her DUI charge in no small part due to the testimony of the toxicology expert. [The Expert Institute]

* Police tried to hide their use of a cell phone tracker from the courts. Apparently the manufacturer asked them to. Oh well, if a corporation wants privacy violations kept quiet, that’s different. [ACLU]

* A follow-up from an oldie but goodie, the judge who changed a baby’s name from “Messiah” to “Martin” based on her personal religious beliefs received a public censure. Perhaps fittingly, the censure was less critical of changing “Messiah” than changing it to “Martin.” I mean, that’s just cruel. [Huffington Post]

* More on Mayer Brown’s uncomfortable lawsuit against a city for erecting a WWII memorial. [The Careerist]


A lawsuit filed earlier this month has raised the ire of several leading lawyers and legal bloggers. Noted First Amendment attorney Marc Randazza — a panelist at our Attorney@Blog conference, by the way — describes the case as “truly disgusting.” Ken White of Popehat, another prominent commentator on the legal profession, calls the suit “despicable” and “thoroughly contemptible,” writing that he “cannot remember a lawsuit that so immediately repulsed and enraged.”

Let’s find out what all the buzz is about. Which law firm filed this controversial complaint, what is the case about, and how bad is it?

double red triangle arrows Continue reading “A Biglaw Firm’s ‘Disgusting’ And ‘Despicable’ Lawsuit?”

Then you should attend Above the Law’s inaugural Attorney@Blog conference. One of the nation’s preeminent First Amendment litigators, Floyd Abrams of Cahill Gordon, will deliver opening remarks. And then I will moderate a panel on free speech online, featuring the following distinguished panelists:

The panel will discuss emerging free speech issues and offer practical advice on how to avoid legal pitfalls online. If you’re a media lawyer, a journalist, a blogger, or just someone interested in these topics, you should definitely attend.

For more information and for tickets to the conference, please click here. The conference includes lunch and CLE credits (including coveted ethics credits). We hope to see you on March 14!

Attorney@Blog Conference [Above the Law]

The First Amendment’s wording remains the same, but the world of free speech online is constantly changing. Last week, the Ninth Circuit issued an important new opinion about the First Amendment protections applicable to bloggers.

If you’re interested in free speech, the First Amendment, or media law, you should attend Above the Law’s inaugural Attorney@Blog conference. One of the nation’s preeminent First Amendment litigators, Floyd Abrams of Cahill Gordon, will deliver opening remarks. And then I will moderate a panel on free speech online, featuring the following distinguished panelists:

The panel will discuss emerging free speech issues and offer practical advice on how to avoid legal pitfalls online. If you’re a media lawyer, a journalist, a blogger, or just someone interested in these topics, you should definitely attend.

For more information and for tickets to the conference, please click here. CLE credit will be available, and early bird pricing remains in effect until February 1. We look forward to seeing you on March 14.

Attorney@Blog Conference [Above the Law]

Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so…. Heeding Lincoln’s wisdom, and the requirements of the Copyright Act, we conclude that merely calling someone a copyright owner does not make it so.

– Judge Richard Clifton, writing for a unanimous panel of the Ninth Circuit in Righthaven LLC v. Hoehn.

(Additional commentary about this interesting case, after the jump.)

double red triangle arrows Continue reading “Benchslap of the Day: Ninth Circuit Smacks Copyright Trolls”

Marc Randazza

Without access to information, there is no free press. While it was a privilege to argue against Mr. Dershowitz, it was more of an honor to secure a First Amendment win for the press and public.

– First Amendment lawyer Marc Randazza, commenting on his recent win in a case regarding cameras in the courtroom — a win over Harvard Law Professor Alan Dershowitz, who was representing the Las Vegas Sands Corp. (aka billionaire Sheldon Adelson). Randazza also represents Above the Law in various proceedings.

I love it when my job requires me to put ‘stripper’ into an image search box.

* They should teach “defending strippers” in law school. I feel like people could have a thriving practice just representing strippers against the various perils in their lives. [The Smoking Gun]

* And of course, that class should be taught by Marc Randazza. [The Legal Satyricon]

* Bill Maher v. Donald Trump. Offer v. Consideration. Comedian v. D-bag. This will make for a fun issue spotter for any spring term contracts classes. [Josh Blackman's Blog]

* Can you prove that a getting a legal aid lawyer actually helps? Are you sure? [Boston Globe]

* Birthers are now coming after Chief Justice Roberts. You know what they’re not coming after? Book learning! (zing) [Huffington Post]

* Here’s a formal job application, I think, to be the new Clerk of the Supreme Court. [Prawfsblawg]

* In the state of nature, this is how pizza places were kept down to the level of the rest of us. [Legal Juice]

Does anyone remember Hunter Moore, creator of IsAnyoneUp and the most hated man on the internet for a good swath of last year? His site, before he took it down in April, encouraged young people to submit naked photos of themselves or their friends. The photos were posted publicly along with screengrabs of Facebook pages and real names.

At least one copycat site has popped up: the extremely NSFW IsAnybodyDown.com. In some ways the site feels even more nefarious than its predecessor because of its semi-official takedown policy. The site links to a “Takedown Lawyer” who promises to get any photos removed from the site for somewhere between $200 and $300.

It so happens that this lawyer is a friend of the site’s owner and publicly admits to using a pseudonym to offer his services. Something seems suspicious here….

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