Two hundred years ago yesterday, on September 14, 1814, a Washington, D.C. lawyer penned the words to what would become the United States’ national anthem. Today that man, Francis Scott Key, is better known as a lyricist than a lawyer. But at the time, the judge’s son, born to a wealthy slave-owning family in Maryland,was well respected in Washington’s legal and political circles.This week, On Remand looks back at Francis Scott Key’s legal career and some laws and lawsuits featuring Key’s composition, The Star-Spangled Banner.
By 1814, the thirty-five-year-old Key had already argued several cases in front of the Supreme Court. The most famous case, Mills v. Duryee, was the first time the Supreme Court construed the Constitution’s Full Faith and Credit Clause. Key argued that a judgment from one state, when presented in another state, was merely one piece of evidence to be weighed with all other evidence. Justice Story, delivering the majority opinion, thought little of Key’s argument, writing that it would render the Full Faith and Credit Clause “utterly unimportant and illusory.”
Key’s power of persuasion didn’t lead to victory at the Supreme Court. But, a year later, Key’s advocacy for a prisoner of war brought him near the frontline of the War of 1812. What he watched “o’er the ramparts,” then observed afterwards at “dawn’s early light” from a ship in Baltimore Harbor, became the inspiration for our national anthem….
One hundred years ago yesterday, Martha, the last passenger pigeon, died at the age of twenty-nine in the Cincinnati Zoo. This week, On Remand looks back at the fate of the passenger pigeon, the legal implications of efforts to resurrect the bird and other extinct species, and the courtroom drama over a Tyrannosaurus rex skeleton.
Passenger pigeons once numbered in the billions and were the most abundant bird in the United States. Seventeenth century observers reported “countless numbers” of passenger pigeons whose massive flocks took hours to pass overhead. But by the early 1900s, no passenger pigeons remained in the wild. Habitat loss due to deforestation and overhunting hastened the species’ rapid decline. (The sport of trapshooting originally used live passenger pigeons, but later adopted clay pigeons due to the decline and extinction of the bird.) Recognizing the plight of the passenger pigeon and humanity’s role in causing it, late 19th century conservationists and lawmakers made efforts to protect and repopulate the species. But it was too late…
On August 7, 1782, near the end of the American Revolution, General George Washington created the Badge of Military Merit, the precursor to the Purple Heart. Today, the Purple Heart is awarded to members of the U.S. armed forces who are wounded or killed in action. This week, On Remand looks back at the Purple Heart’s evolution, and the stories of two men who proudly wore the medal. But had they earned it?
Breaking with the European practice of honoring only high-ranking officers, General Washington recognized that in America “the road to glory in a patriot army and a free country is… open to all.” So, Washington created the “Badge of Military Merit” for remarkable or extraordinarily loyal soldiers. Per Washington’s instructions, the badge depicted a purple heart with lace trimming to be worn over the left breast. After the Revolutionary War, however, the award faded away.
In 1932, to commemorate Washington’s 200th birthday, General Douglas MacArthur revived the Badge of Military Merit as the “Purple Heart.” At that time, injury in battle was just one consideration in awarding the Purple Heart. Later, to distinguish it from another award, physical injury became the Purple Heart’s sole requirement. Yet, some have worn the medal without meeting that requirement….
Forty-five years ago yesterday, on July 20, 1969, Edwin “Buzz” Aldrin and Neil Armstrong stepped into history. Shortly before 11 p.m. Eastern time, the pair emerged from their landing craft, the Eagle, and became the first men to set foot on the moon. This week, On Remand looks back at that “one giant leap for mankind” and two space suits: the cases of the missing moon rock and the unidentified Martian matter.
Of the twenty-one hours Aldrin and Armstrong stayed on the moon, only two and a half were spent exploring the moon’s surface. After transmitting “the Eagle has landed” to the relief and exuberance of NASA mission control, the men did not impulsively charge from the Eagle like the Griswolds from their station wagon at Walley World. More than six hours passed before Aldrin and Armstrong opened the Eagle’s door and stretched their legs. What were they doing?
Yesterday, Krispy Kreme celebrated its 77th birthday. The popular doughnut chain opened its doors on July 13, 1937, in Winston-Salem, North Carolina. And what goes better with doughnuts than coffee? Cops. This week, On Remand looks back at Krispy Kreme’s history and a half-dozen cases involving doughnuts and cops, including the strange tale of a man who held a Krispy Kreme truck for ransom.
The Krispy Kreme we know today began in the 1930s when New Orleanian Joe LeBeau moved to Kentucky and sold his secret recipe and the name “Krispy Kreme” to a local, who hired his nephew, Vernon Rudolph, to sell the doughnuts door-to-door. By 1937, Rudolph and a friend had moved to Winston-Salem and opened the first Krispy Kreme doughnut factory. Although the pair set out to sell doughnuts to grocery stores, a new marketing ploy quickly revealed itself: human weakness. People passing the factory could not resist the delicious doughnut smell, and wanted to buy them hot off the press. Vernon obliged, cutting a hole in the outside wall to sell fresh glazed doughnuts directly to people on the street.
Today, Krispy Kreme operates nearly 900 stores in 24 countries. But, like its founders intended, Krispy Kreme continues to sell doughnuts to grocery and convenience stores. Over the years, deliveries to these stores have made Krispy Kreme trucks an easy target for thieves. One Michigan man may take the cake doughnut for the most comically unsuccessful Krispy Kreme truck theft.
Five years ago yesterday, Eastman Kodak took our Kodachrome away. On June 22, 2009, the company announced that, after seventy-four years of production, it would no longer make Kodachrome, the world’s first successful color film. This week, On Remand looks back at the camera film that gave us those nice bright colors and greens of summers, Kodak’s antitrust battles, a sordid suit involving Penthouse magazine photos, and a law student’s $100,000 case over two missing rolls of film.
After Kodachrome’s release in 1935, photographers quickly adopted it. No previous film had portrayed color as realistically as Kodachrome. As the film choice of professional and amateur photographers alike, Kodachrome captured key moments in vivid color: the Hindenburg explosion in 1936, Tenzing Norgay at the top of Everest in 1953, President Kennedy’s assassination in 1963, Don Draper’s wedding day. But by 2009, even Steve McCurry, the photographer chosen by Kodak to receive the last roll of Kodachrome film, had switched to digital. When McCurry — who captured the famous “Afghan Girl” photo for National Geographic magazine using Kodachrome film — finished the last roll, he hand-delivered it to the only place in the U.S. that could develop it: Dwayne’s Photo in Parsons, Kansas….
“Are you troubled by strange noises in the middle of the night? Do you experience feelings of dread in your basement or attic? Have you or your family ever seen a spook, spectre, or ghost?” If you recognize those movie lines then perhaps you know that yesterday marked the 30th anniversary of the release of Ghostbusters. The movie starred Bill Murray, Dan Aykroyd, and Harold Ramis as three ousted Columbia parapsychology professors who start a supernatural elimination business. Joined by a fourth crusader (Ernie Hudson), the Ghostbusters save New York City from a ghoulish invasion unleashed when a meddling EPA agent shuts down their ghost containment system. This week, On Remand looks back at Ghostbusters, the lawsuits it generated, and the case of one man who needed a Ghostbuster, but called a lawyer instead.
“We knocked the bastard off!” Edmund Hillary exclaimed on May 29, 1953, after descending from the summit of Mount Everest with his climbing partner, Tenzing Norgay. Sixty-one years ago today, the two men were the first to reach Everest’s summit — or perhaps the first to live to tell the tale. This week, On Remand looks back at Hillary and Norgay’s achievement, and the legal ramifications of less successful climbers who’ve followed in their footsteps — on Everest and elsewhere.
On today’s date in 1998, the series finale of “Seinfeld” aired to an estimated 76 million viewers. “Seinfeld” lasted nine seasons, ranking in the top three of the Nielsen ratings for its last five, and is widely considered one of the greatest television shows of all time. Its success continues in syndication. Post-finale, “Seinfeld” has generated $3.1 billion in revenues for its creators and rights holders. This week, On Remand looks back at the show about nothing everything, a lawsuit about the origin of the character George Costanza, and cases that echo “Seinfeld” plots….
On today’s date in 1905, the trial of the Stratton brothers began in the London Criminal Court. The case marks the first time in recorded Western jurisprudence that fingerprint evidence was used to obtain a murder conviction. This week, On Remand looks back at courts’ dealings with fingerprint evidence and the story of a lawyer whose fingerprints led to his erroneous arrest as a terrorist.
In March 1905, Thomas and Ann Farrow were murdered in their south London art shop. The crime scene suggested the motive — a cash box had been pried open and left empty — but offered investigators few clues about the perpetrator. With only a bloodstained sink and two discarded masks at the scene, and no murder weapon, signs of forced entry, or witnesses to the crime, investigators appeared to have no leads. But one other clue found at the scene — a bloody fingerprint on the cash box’s inner tray — would eventually break the case….
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
It’s the legal profession’s equivalent of a long-term relationship.
When Michelle Waites, Senior Patent Counsel for Xerox Corporation, attended The LGBT Bar’s Lavender Law conference several years ago, she wasn’t sure what to expect. She left having forged a lasting business relationship that still endures today.
It was during The LGBT Bar’s event – an annual gathering of more than 1,600 lesbian, gay, bisexual, transgender and allied legal professionals – that Waites first met Marla Butler, a partner at Robins, Kaplan, Miller & Ciresi LLP, who specializes in patent law.
Today, the two are still close friends as well as professional colleagues. Butler’s firm continues to work with Xerox – a business partnership forged via The LGBT Bar.
On November 19th, The Bar will present its first-ever conference outside the United States. Dubbed “A Lavender Law Experience for Europe,” the day-long Business Legal Conference will replicate programs such as the one that brought Waites and Butler together for legal professionals in Europe.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: