* As I noted yesterday over at Redline, the defense in the NCAA trial is putting up some terrible witnesses. Here’s another example. The NCAA’s expert wrote a textbook. The NCAA might have wanted to check it out before bringing him on to help defend themselves IN AN ANTITRUST CASE. [Twitter / Stewart Mandel]
* Hong Kong lawyers protesting what they see as China meddling. Honestly can you blame China? Ever since Hong Kong let Batman just swoop in and grab that guy, you can’t really trust the Hong Kong legal system. [Reuters]
There are a great many things in this world that are complicated. Fixing a car, for instance, will always involve a great deal of black magic and skills that can only be found in a vanishingly small elect of horrifyingly hirsute types. The hairier the mechanic the better, my mom never said.
Quantum mechanics, french pastry, the resurgent popularity of men’s tank tops. These things are complicated and hell if I can explain any one of them to you. Ours not to reason why; ours to buy a nice little house in Westchester, sock away a little for retirement, eat more roughage.
Compared to these things, law is piece of cake. Which is why coverage of Ed O’Bannon’s lawsuit against the NCAA is a bit confused. Rather than tackling the key question, whether the NCAA is ten pounds of crap in a five pound bag, commentators are wading into the murkiest depths of antitrust law. This is wrongheaded.
* Hmm, somebody didn’t review those documents quickly enough: the City of Detroit’s bankruptcy trial has been delayed for about a month’s time by Judge Steven Rhodes because the parties needed additional time to get their acts together. [Bloomberg]
* The NCAA may have lost the battle in the Keller EA Sports video games case with its $20 million settlement offer, but it’s clearly out for blood to win the war in the O’Bannon case with its tough cross-examination tactics for the lead plaintiff. [USA Today]
* GW Law, a school that recently increased its class size by 22 percent and allowed its average LSAT score to slip by two points, yoinked its new dean right out from under Wake Forest’s nose. [GW Hatchet]
* The legal profession isn’t exactly diverse, and law schools want to change that — the more pictures of “diverse” students they can display on their websites, the better. [Law Admissions Lowdown / U.S. News]
* Who really cares what prospective jurors wear when they show up for jury duty? The lawyers arguing that being turned away for wearing sneakers affected their clients’ rights in a case, that’s who. [WSJ Law Blog]
* If you’ve ever wondered what’s being said about Supreme Court justices during the vetting process, we’ve got a great one-liner about Justice Breyer, who’s apparently a “rather cold fish.” Oooh, sick burn. [Wall Street Journal (sub. req.)]
* The NLJ 350 rankings are here, and this is where we get to see the big picture about the big boys of Biglaw. In 2013, it looks like headcount grew by 3.9 percent, which is good, but not great, all things considered. Meh. [National Law Journal]
* A Wisconsin judge is the latest to give her state’s ban on same-sex marriage the finger, and she did it with flair, noting in her opinion that “traditional” marriages throughout history were polygamous. [Bloomberg]
* The Ed O’Bannon antitrust case against the NCAA is going to trial today before Judge Claudia Wilken. Since it could change college sports forever, here’s everything you need to know about it. [USA Today]
* According to the Bureau of Labor Statistics, the number of those employed in the legal sector is at its lowest level since the beginning of 2014, with jobs still being shed. Welcome, graduates! [Am Law Daily]
* UC Irvine Law has finally earned full accreditation from the American Bar Association. We’d like to say nice work and congrats, but we’re pretty sure the ABA would fully accredit a toaster. [Los Angeles Times]
We among the chattering classes give short shrift to the effects of those opinions we espouse. Take, for instance, gay marriage. This website was one of many that advocated fairly passionately in support of legal gay marriage. In a vaccum, of course, this was a sound position to take on the matter. In a vacuum, everything just sounds like “VVVRRRRRRGGGRRRRRRRR-WWWWWWWOBBLEOBBLEVVVVRRRRR!!!!”
But we do not live in vacuums, do we kids? No. Our floors are filthy. And so it is that gay marriage is now legal and heterosexuals are forced to break big rocks all day, waiting for the day that their homo overlords stop with the disco dancing and the fornicating. This is the bed we’ve made.
I suppose I should get to the sporting point of this discursion before I lose the 3 or 4 people who read these posts. Of late, the internet and even this small cyber space have beaten up on the NCAA something fierce. The organization — full of sports and money, signifying nothing — is a convenient target for scorn. And the recent drive to unionize the Northwestern football team, covered on this site and others, has galvanized into a sort of fait accompli about the end of amateurism, that traveshamockery of Orwellian gobbledygook. But if the Northwestern football players were successful in their legal fight, what would that really mean? What would the world of college sports look like if the jocks finally avenged their tragic defeat depicted in the non-fiction film Revenge of the Nerds?
The NCAA claims to be committed to a “culture of personal responsibility and individual accountability.” Unfortunately that culture does not extend to its leadership, who whine and bully with the best of them when the law doesn’t let them indulge their every whim.
Witness the NCAA’s annual Final Four address over the weekend. NCAA President Mark Emmert and Big 12 commissioner Bob Bowlsby told the press that they are prepared to forfeit millions rather than accede to a legal obligation to share any revenue with players. This isn’t the first time NCAA Bigwigs have lobbed the threat of blowing up their own cash cow rather than share with the kids risking injury in the gladiatorial pit for the benefit of universities. Last year, Big Ten commissioner Jim Delany said that his schools would quit Division I athletics if the Ed O’Bannon case rules that schools can’t unilaterally sell the likenesses of players for profit.
There’s a certain majesty in being so committed to cutting off your nose to spite your face….
* McCutcheon will usher in even more campaign finance excess, but could alleviate gridlock. Plutocracies are efficient! [Election Law Blog]
* Hold the phone! Coerced confessions aren’t admissible? Next thing you’ll tell us is waterboarding is illegal. Thanks Obama. [New York Law Journal]
* Juror who couldn’t stop using Facebook didn’t cause a mistrial because he didn’t post any details about the case. In other news, he really needs a goat in FarmVille you guys, so if anyone can hook him up, that’d be great. (Alternative heading for this one: “11 Angry Men, 1 ‘Likes This’”) [IT-Lex]
* Disbarred lawyer mistakenly allowed to serve as a judge. But only for about 16 years, so it’s all cool. [Washington City Paper]
* “The first thing we do, let’s kill all the [Baby Boomer] lawyers.” [Law and More]
* A California lawsuit argues that pro-teacher policies in the state are hurting education. The defendants point to the fact that California’s educational administration and funding in the state is best described as a “sh*tshow.” Experts are fighting it out with some novel metrics. [The Expert Institute]
* * Elie talks about the new ad for cameras in the Supreme Court and the EPA’s power to regulate greenhouse gases on Legalese It! with Mike Sacks. Video embedded below… [Huffington Post Live]
* Judge Richard Leon’s decision in the NSA surveillance case is ripe for review by the D.C. Circuit, and given the court’s new make-up, we could see a very interesting result. Oh, to be an NSA agent listening in on those calls. [National Law Journal]
* With seven business days left until 2014, law firms all around the country are still desperately trying to get paid. Lawyers are working hard for the money — 83.5 cents to the dollar — so you better treat them right. [Wall Street Journal (sub. req.)]
* Who you gonna call? Your local bankruptcy attorney. Alston & Bird, currently housed in Heller’s old digs in Silicon Valley, will head to a new office whose former occupants include Dewey, and Howrey, and Brobeck, oh my! [Am Law Daily]
* Four were arrested in the tragic murder of attorney Dustin Friedland, and each is being held on $2 million bond. One of the alleged assailants has a history of putting guns to other people’s heads. [NJ Star-Ledger]
* “I think it would be wise for the NCAA to settle this now.” Thanks to the Ed O’Bannon lawsuit, the world of college sports will be forever changed, so all those video games you’ve got are now antiques. [CNBC]
* Tom Cruise settled his defamation lawsuit against a tabloid publisher over claims that he’d abandoned his daughter during the pendency of his divorce proceedings. Xenu is pleased by this announcement. [CNN]
If you haven’t been following the O’Bannon case, the former UCLA star heads up a group of current and former players suing the NCAA for improperly restraining players from negotiating the use of their own likenesses on everything from calendars and jerseys to broadcasting contracts and video games.
Judge Wilken’s ruling changes the landscape of the case and sets the parties on a collision course for trial in June. It also makes the NCAA very, very happy…
* Hot on the heels of news about Pillsbury’s talks with Orrick, we’ve got the scoop on yet another possible law firm merger. Patton Boggs has the urge to merge, and Locke Lord seems pretty receptive. [Reuters]
* Three people who were optimistic about law school graduated with three very different results. One has a job, one is unemployed, and one failed the bar. Sadly, this seems pretty standard. [National Law Journal]
* Lat’s going to be on vacation this week (lucky him), but while he’s gone you can check out his review of a new novel set in a law firm, The Partner Track (affiliate link) by Helen Wan. Enjoy! [Wall Street Journal]
* A judge denied the NCAA’s motion to dismiss Ed O’Bannon’s antitrust lawsuit, noting everyone could “suck her dicta” concerning the Supreme Court’s notion that players cannot be compensated. [ESPN]
* Jodi Arias wants to fire Kirk Nurmi, her lead attorney, claiming in a 12-page handwritten motion that he has an “utter poverty of people skills.” Her words hurt as much as her stab wounds. [Arizona Republic]
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 seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.