As humanity veers closer to becoming straight-up cyborgs, it was only a matter of time before the law started messing with the course of wearable technology. We’re not ready to deal with a world where we’re all little Robocops accessing the Internet in real-time with a literal blink of an eye. And that means it’s time for some square-peg-round-hole legal challenges.
Someday we’ll have a legal answer for Google Glass. For now, we’ll just have to agree that they look stupid….
* Were you curious about who would be on the Mount Rushmore of Tax Law professors? No? Well, here they are anyway. [TaxProf Blog]
* The so-called “trial penalty” is really a myth and empirical data confirms that defendants who reject plea deals and go to trial actually garner a “trial discount.” Yep, prosecutors aren’t overreaching at all. [PrawfsBlawg]
* President Obama called for patent law reform in the State of the Union address. Now we have some insight into what he’s thinking about. [Patently-O]
* Congratulations to Matthew Skinner, the next executive director of the LGBT Bar Association of Greater New York! [LeGal]
‘Try and make it look painful, we’ve got a bloodthirsty audience here!’
* Allegations that a prison told a death row inmate to “put on a show” while getting a lethal injection. Just when you thought the death penalty couldn’t manifest itself as more cruel and unusual… [NBC News]
* A discussion of how early voting is bad. Apparently, after an electoral dialogue that usually lasts a year or more, we’re all lemmings swayed by the events of the last day of campaigning so there’s no justification for allowing voters to show up three days before the finish line. [Volokh Conspiracy / Washington Post]
* Kentucky legend Richie Farmer’s basketball jersey may be retired, but the Bureau of Prisons decided to give Farmer, now a political figure heading to prison for abusing his office, his old number back as an inmate number. Thanks? [Legal Juice]
* In last night’s State of the Union address, President Obama came out strong for patent law reform. Exactly the issue he needed to rally voters for the midterms! [Patently-O]
* And while it didn’t make the address itself, Attorney General Eric Holder is signaling a new administrative interest in reforming the out of whack sentencing laws. [Sentencing Law and Policy]
* On February 12, our own David Lat will be speaking at Georgetown at an ABA Journal sponsored talk on “#21stCenturyLaw.” Let’s see that hash tag start trending. [ABA Journal]
* Joshua Gilliland of The Legal Geeks reacts to the revelation that the new costuming for next season’s Doctor Who will ditch Gilliland’s beloved bow tie. Our hearts go out to you in your pain. Video embedded below… [The Legal Geeks]
Until last month, my entire legal career had been spent at large law firms. With a pretty specialized practice focusing on intellectual property, mainly patent litigation. And until last month, I never really needed to hire a lawyer, with one exception. Thankfully, it was for a good reason, to help me close on my house.
Which my lawyer handled with aplomb, so I am happy to recommend him if someone needs a good generalist solo based out of New York City. Even though my general tendency is to try and learn everything I can about something, when it came to buying a house, I really wanted nothing more than to have someone else deal with all the legal stuff. The fact that I was up for partner, and working pretty hard at my Biglaw firm that year, contributed to making me a “just get it done” type of client. Because I trusted my lawyer, and he demonstrated competence and responsiveness, I never needed to get out of that mode. We closed, I paid, and life went on.
I paid happily, and very quickly, because I had engaged someone to provide a service, and saw the results in a timely manner. Even though it was not a complicated transaction by any means, and I probably could have handled it myself, I valued my lawyer’s contribution and thus was happy to pay. I appreciated the small touches — like being handed a binder with copies of all the signed closing documents right after the closing. At the same time, I never really got engaged in the process enough to care to learn about it.
Comparing the experience I had then to my typical patent matter, the difference is stark….
* After striking down Canada’s anti-prostitution laws, our neighbors to the North went ahead and approved a law school that functionally bans gays. What’s going on up there? Play keep away with the Stanley Cup for 20 years and they just lose their damn minds. [TaxProf Blog]
* Professor Richard Sander won the right to examine law school race, attendance and grade information, in a bid to prove his central theory that affirmative action somehow hurts black folks. I guess the California Supreme Court is on Team Sander. [San Jose Mercury News]
* Amy Schulman, the powerful general counsel at Pfizer, is out — and now there’s some interesting speculation as to why. [Law and More]
* Yesterday we posted our holiday tipping thread, heavily citing Corporette’s Kat Griffin. Now she’s posted her own guide and we’re linking to it. It’s like Inception up in here. [Corporette]
* Why fashion gets knocked off: delving into the world of design patents and trade dress. [Fashionista]
* Comparing the modern NSA to the intelligence-gathering techniques employed during the American Revolution. Interesting stuff, but a total cover-up job. Where’s the discussion of Ben Franklin’s “electric kite drones,” eh? You must think we’re pretty naïve, Logan Beirne. [Fox News]
* Incredibly sad, but also incredibly fascinating: if a child is rendered brain dead by a possible medical mistake, should the state honor the wishes of the family to keep the kid on life support even though every day on life support makes an investigation into the cause of death harder? [CNN]
* Loyola University Chicago introduces a new curriculum to give students an opportunity to get real-world experience with a judge or practicing lawyer before graduating. A law school focusing on training lawyers to be lawyers? This isn’t all that surprising when you look back at Dean Yellen’s previous work. [Loyola University Chicago]
* Congratulations to Therese Pritchard on her election as the first female chair of Bryan Cave. We’re big fans… until you fail to leak your bonus memo to us first. The ball’s in your court now Pritchard. [WSJ Law Blog]
* The venerable Green Bag is parting ways with GMU Law. Thankfully, it has already found a new home. [PrawfsBlawg]
* Former White House attorney John Michael Farren who we reported on a lot in the past about beating his wife nearly to death… was found liable for beating his wife nearly to death. So that happened. [News Times]
* After its patent battle in the courts, Apple wants Samsung to pay for a portion of MoFo’s legal fees. When you think of it, $15.7 million is a rather piddling amount when full freight is $60 million. [The Recorder]
* Say goodbye to your pensions! As it turns out, law review articles aren’t so useless after all. Detroit’s foray into Chapter 9 eligibility is the brainchild of a Jones Day partner and associate duo. [Am Law Daily]
* It must be really stressful to plan a wedding when your defamation victory is on appeal to the Sixth Circuit. The latest chapter in the Sarah Jones v. TheDirty.com case could mean curtains for online speech. [AP]
* When it comes to their credit ratings, stand-alone law schools are getting screwed due to their inability to put asses in their empty seats. Four out of five schools profiled could be in big trouble. Which ones? [WSJ Law Blog (sub. req.)]
* “You need to not dress like that.” TMZ’s attorney, Jason Beckerman, is an alumnus of Kirkland & Ellis, and he was quickly advised by a producer that he needed to lose his lawyer duds. [California Lawyer]
* You’d think that when discussing major reforms to the patent system, the director of the USPTO would be there, but you’d be wrong. You’d also be wrong if you thought we had a director right now. [National Law Journal]
* Welcome to the future of Biglaw: Allen & Overy has realized that it’s a waste of money to keep hiring in a weak market, so the firm is recruiting its alumni to serve as contract attorneys in times of higher legal demand. [Legal Week]
* Dean Gregory Maggs, the interim leader of George Washington University Law, is being lauded for increasing first-year enrollment by 22 percent in a time of crisis. Excellent work, sir. You flood that job market. [GW Hatchet]
* Just because you have a law degree doesn’t mean you’re “entitled to rise up and become partner.” Getting a job in the new normal involves having a good attitude and social graces. [WSJ Law Blog]
* Ladies, if you get pregnant after a fling with an Olympic medalist and move out of state, please know your “appropriation of the child while in utero [will be deemed] irresponsible, reprehensible.” [New York Times]
* GTL stands for “Gym, Tan, Laundry,” but the owner of these Jersey Shore clubs thinks it stands for “Gym, Tan, Lawsuit” — thanks to losses uncovered by its insurer in the wake of Hurricane Sandy. [Newark Star-Ledger]
* Former U.S. Attorney Neil H. MacBride will be joining Davis Polk as a partner in the firm’s white-collar defense practice. Nice work, DPW — he’s actually kind of cute. Earn back that rep! [DealBook / New York Times]
* Matthew Kluger, most recently of Wilson Sonsini, was disbarred in D.C. following his insider trading conviction. His criminal career apparently began while he was still in law school. Sheesh. [Blog of Legal Times]
* Kent Easter, he of the “I am but a spineless shell of a man” defense, was just on the receiving end of a mistrial. It seems the jury was totally deadlocked. Guess they felt bad for him. [Navelgazing / OC Weekly]
* The Iowa Law Student Bar Association supports the school’s decision to cut out-of-state tuition by about $8,000 because to stand against such a measure would be absolutely ridiculous. Congratulations on not being dumb. [Iowa City Press-Citizen]
* Apple won more than $290 million from Samsung in its patent infringement retrial. Siri, tell me what the fifth-largest jury award in the U.S. was in 2013. OMG, I didn’t say delete all my contacts. [Bloomberg]
* The trial for James Holmes, the shooter in the Aurora, Colorado movie theater massacre, was delayed by a judge until further notice. A hearing has been scheduled to reassess the situation in December. [CNN]
* Myrna S. Raeder, renowned expert on evidence and criminal procedure, RIP. [ABA Journal]
* Citi reports that firms saw a revenue jump of 2.7 percent in the third quarter. Revenue has now finally outpaced expenses for the year. Let the good times roll? [The AmLaw Daily]
* In regulatory fun, the Comptroller of the Currency issued some regulations on how banks can use consulting firms to comply with enforcement orders. In a nutshell, consultants should do their jobs rather than be a rubber stamp for the banks. Once again regulation arrives long after common sense required it. [Washington Post]
* A new company called Fantex Holdings might turn your fantasy football chatter into insider trading when it starts securitizing athletes. Now TacoCorp can endure an SEC investigation just like real companies. [Corporate Counsel]
* Microsoft’s IP counsel is opening a new office of Shook, Hardy & Bacon. Congratulations of the Ctrl+Alt+Deleting your career as an outside counsel. [Corporate Counsel]
* Harvey Updyke, the Alabama fan who destroyed Auburn’s landmark trees, owes $796,000 according to a judge. Roll Tide. [Courthouse News Service]
* Veterans applying to law school should take these tips to heart. [Blueprint Prep]
* The Amanda Knox trial has a ton of experts involved. No defendant, but a ton of experts. [The Expert Institute]
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.
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.