Media and Journalism

Jennifer Livingston

Over the past few days, everyone has been talking about Jennifer Livingston, the Wisconsin morning news anchor who responded on the air to a male viewer’s email about her weight. In his letter, the male viewer told Livingston that she wasn’t a “suitable example” for young people because of her physical appearance. Her courageous counterpoint went viral, and ever since, she’s been making her rounds on the TV talk show circuit to address what she thinks is the root of the problem, and why people think letters like this are acceptable: bullying.

Now, you may be asking yourself why I chose to write about this today. To be honest, when I first watched Livingston’s video on Tuesday night, I really had no intention to do so. I thought that she was a very strong woman who chose to stand up for herself, and really, for all overweight people, but that her four-minute segment didn’t need to be addressed here at Above the Law. (Not even after being asked in the comments yesterday whether I thought I was a “good role model,” an obvious jab about my own weight.)

But then I found out a little more about the man who emailed Livingston to criticize her weight. As it turns out, he’s a lawyer….

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We sometimes get complaints about the way that we supposedly objectify women here at Above the Law. Well, today let’s change things up a bit. Let’s objectify some men! Year after year, Cosmopolitan’s Bachelor of the Year contest is filled with studs from every state in our fine nation.

In 2010, there was some very strong lawyer representation in the contest (two law students and one practicing attorney), but last year, only one lawyer was nominated as a finalist. We were worried that perhaps male lawyers had somehow gotten less attractive.

This year’s edition of the contest again brought only one law school graduate to the table, but our worry about the decline in attractiveness of lawyerly lads has been put to bed, because this hunk looks strong enough to carry the weight of representing his entire profession in this competition on his shoulders.

Quality definitely makes up for quantity this year….

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* The Village Voice is stepping away from Backpage due to its ties to sex trafficking. “This so unfair! Everyone loves online prostitution,” said no one ever (okay fine, a lot of people probably say that). [paidContent]

* Cybersecurity, drones, and smackdowns, oh my! [Lawfare]

* Right now, millions of taxpayer dollars fund legal scholarship. Considering how expensive law review articles seem to be, it’d be nice if law professors could techcite their own material before turning it over to law review peons associate staff members for further review. [PrawfsBlawg]

* We actually needed 25 volumes of things you can’t do on a plane? Apparently common sense is a relic these days. [Legal Blog Watch]

* Should you go to law school? That’s apparently the question on everyone’s mind, so Professor Deborah Merritt of Ohio State Law and Kyle McEntee of Law School Transparency are here to help you out. [NerdWallet]

* Wherein the five worst law partners known are discussed. Oh, whatever, partners should be able to act however they want to anyone. [Greedy Associates / FindLaw]

Now this is how you handle negative rumors about your firm.

As we mentioned last night, in the past week or so we’ve seen media reports of possible trouble at K&L Gates. Stories in Law360 and Crain’s Chicago Business speculated about “an alarming rate” of partner departures and “attorneys increasingly los[ing] faith in the firm’s leadership and strict compensation policies.”

The chairman and global managing partner of K&L Gates, Peter J. Kalis, isn’t taking all this sitting down. Very early this morning, the famously outspoken Kalis sent around a firm-wide memo that powerfully refutes some of the claims made about the firm.

If you’re at all involved in law firm management, you should read it. The Kalis email offers a master class in how to thoroughly respond to negative rumors….

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Justice Samuel A. Alito Jr.

I thought this was a wonderful idea. Why don’t we implement this in the United States? Until I found out that at the end of the process they actually unlock the door and they let them out.

– Supreme Court Justice Samuel Alito, riffing on the Supreme Court of Canada’s practice of briefing reporters on new rulings inside of a locked room, in remarks he delivered at Roger Williams University School of Law.

He’s going to Disney World? No, not this veteran M&A lawyer….

Let’s say you graduated from a leading college, summa cum laude, and from an elite law school, also summa. You began your legal career as a transactional lawyer at one white-shoe law firm, where you made partner. You left that firm for investment banking, where you encountered significant success. Then you returned to the legal world, first as an M&A partner at one top firm, then at another. At your final firm, you served as global co-chair of the firm’s renowned mergers and acquisitions group, working on some of the biggest deals around the world.

Then, in your 70s, you decide to leave your firm and also the legal world. Where would you go next?

double red triangle arrows Continue reading “Musical Chairs: A Prominent Deal Lawyer’s Unusual Move”

The threat of getting sued for libel or defamation has always hung over the heads of media professionals, now particularly so in the blogging era. The truth is always the clearest, simplest defense when faced with libel claims. But there are other, less direct avenues one can pursue as a defense, if need be.

A lawsuit recently dismissed against Gizmodo shows off one of the more commonly overlooked ways to bolster a defense against defamation. Let’s just say there’s often a reason bloggers like to include all those hyperlinks…

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* “I’ve been a restaurant waitress, a hotel hostess, a car parker, a nurse’s aide, a maid in a motel, a bookkeeper and a researcher.” This SCOTUS wife was well-prepared to give a graduation speech at New England Law. [Huffington Post]

* Sniffling over lost profits is the best way to get a court to take your side. Biglaw firms have asked the Second Circuit to consider reversing a decision in the Coudert Brothers “unfinished business” clawback case. [Legal Intelligencer]

* James Holmes, the alleged Aurora movie theater gunman, is being evicted from his apartment. Guess he didn’t know — or care — that booby-trapping the place with bombs would be against the terms of his lease. [Denver Post]

* The ABA has created a task force to study the future of legal education, and its work is expected to completed in 2014. ::rolleyes:: Oh, good thing they’re not in any kind of a hurry — there’s no need to rush. [ABA Journal]

* Indiana Tech, the little law school that nobody wants could, has hired its first faculty members. Thus far, the school has poached law professors from from West Virginia, Florida A&M, and Northern Illinois. [JD Journal]

* When divorces get weird: is this lawyer’s soon-to-be ex-wife hacking into his law firm email account and planning to publish privileged communications online? Yep, this is in Texas. [Unfair Park / Dallas Observer]

* Breast-feeding porn: yup, that’s a thing, so start Googling. A New Jersey mother is suing an Iowa production company after an instructional video she appeared in was spliced to create pornography. [Boston Globe]

* If someone from your school newspaper asks you for a quote about oral sex, and then you’re quoted in the subsequent article, you’re probably not going to win your invasion of privacy lawsuit. [National Law Journal]

* The Sixth Circuit delved into the question of law professors’ tenure in a recent decision, noting that it doesn’t guarantee a job for life. But seriously, why on earth would you want to have a lifetime career at Cooley Law anyway? [National Law Journal]

* Was the Wisconsin Sikh temple shooting a hate crime? Well, the shooter was in a racist skinhead band and purchased supplies from a neo-Nazi group, if that gives you a clue. [Reuters]

* Bet nobody saw this kind of douchebaggery happening: Jackson Lewis has been tapped to represent a member of Penn State’s board of trustees to appeal the NCAA’s unappealable sanctions, and he’s recruiting fellow trustees to join him. [Am Law Daily]

* No more “no comment” for this former reporter: Bruce Brown, a partner at Baker Hostetler, was appointed as the new executive director of the Reporters Committee for Freedom of the Press. [Blog of Legal Times]

* As expected, Jared Lee Loughner pleaded guilty in the Arizona shooting that killed six people and wounded 13 others. He’ll likely receive several life sentences as opposed to the death penalty. [Wall Street Journal]

* “This sh*t ain’t no joke yo, I’m serious, people are gonna die like Aurora.” Twitter, please cooperate so the police don’t have to subpoena you when a user threatens to commit a massacre in NYC. [NBC New York]

Ed. note: This is the second column by Anonymous Partner based on his interview of a more-senior partner, “Old School Partner” (“OSP”). You can read the first column in the series here.

“It was a nice profession,” Old School Partner told me, especially for a senior partner at a white-shoe firm. Collegiality, interesting work, and a good living were his. Despite occasional internal dust-ups about compensation within the partnership, partners were generally content with what they were making.

But things were about to change, and what had been a guarded and close-knit segment of the legal profession was soon thrust into an unwanted spotlight. It was a “watershed” moment for partners.

The “watershed” that mucked things up? The launch of American Lawyer magazine….

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