Last night, on the eve of his sentencing hearing, Jerry Sandusky, Penn State’s former assistant football coach, released an audio recording from jail, and in it he continued to proclaim his innocence. This morning, it was up to the trial judge, Judge John Cleland, to dole out punishment for the man who had been found guilty on 45 of the 48 counts of child sex abuse against him.
* “I don’t think that we even need to have a race box on the application.” Abigail Fisher is getting even more time in the spotlight thanks to this media interview, which is sure to be the first of many. [New York Times]
* “[T]hey didn’t do anything wrong civilly — and they certainly didn’t do anything wrong criminally.” Tell that to the prosecutors who are looking into the circumstances of Dewey & LeBoeuf’s epic fail. [Wall Street Journal]
* Lateral hiring in midsize/regional firms seems to be up for those with “real-world experience,” but the starting salaries aren’t anything to write home about — they’re still on the “low” side. [Connecticut Law Tribune]
* Jerry Sandusky’s sentencing hearing is today, and in addition to the tape he already released, he’s planning to read a statement before he receives what’s likely to be a life sentence. WE ARE… kind of tired of hearing about his supposed innocence. [CNN]
* “There are fewer interviews and fewer schools interviewing.” This week, would-be law profs who attend the AALS “meat market” will get a taste of what recent graduates have been experiencing. [National Law Journal]
* Yeah, about that huge bonus we were going to pay our ex-finance director — we realized how silly that was, so we’re not going to do that. Aww, don’t worry, Dewey & LeBoeuf, you’ll have plenty of other chances to look absurd. [Am Law Daily]
* Not only is Samsung suing Apple for patent infringement, but the company is also trying to get a do over by getting Judge Lucy Koh to throw out the original billion-dollar verdict over jury foreman Velvin Hogan’s alleged misconduct. [Bloomberg]
* “Small deals are easier to swallow, easier to integrate.” Regional firms like Carlton Fields and Adams and Reese are gobbling up smaller firms in what seems to be the latest trend in law firm merger mania activity. [Thomson Reuters News & Insight]
* Douglas Arntsen, the former Crowell & Moring associate who had to be extradited from Hong Kong after embezzling $10.7M from clients, pleaded guilty in exchange for a lesser sentence. [New York Law Journal]
* It’s tough to come up with appropriate whistleblower jokes given the background here. We’ll play it straight: Mike McQueary filed a defamation suit against Penn State, and he’s seeking $4M in damages. [ABC News]
* Jose Godinez-Samperio, an undocumented immigrant, is fighting for the ability to practice law in Florida, but the members of the state Supreme Court are literally trying to make it into a “federal case.” [Washington Post]
I’m not a mathematician, but I am a diligent consumer of news. And based on a casual scan of recent headlines and stories that have dominated multiple news cycles, a quick back-of-the-envelope calculation suggests that every child in America is getting, or has gotten, raped. From a Catholic church that has exhausted anyone’s ability to be surprised to a football program arrogant enough to talk of a Grand Experiment, the institutions that have been sullied by serial child rape have also been ones that were previously thought of as bastions of strong moral fiber.
And to this Hall of Shame, we can now add the Boy Scouts of America. This Sunday, the Los Angeles Times published an exposé suggesting the Scouts should Be Prepared to get sued for all they’re worth. It could be a real Jamboree for plaintiffs attorneys.
After the jump, see if I can pull off the ridiculously difficult Pinewood Derby reference.
* It seems that the good people at Chadbourne & Parke won’t wind up homeless after all — or maybe they will. The firm is taking over Dewey’s old digs at 1301 Avenue of the Americas. How ominous! [Reuters]
* The Fifth Circuit gave Texas a stay on a decision that blocked enforcement of the state’s third-party voter registration law. Well, on the bright side, at least the Lone Star state isn’t getting its ass completely kicked in the courts this election season. [Bloomberg]
* While Jerry Sandusky awaits his sentencing on 45 counts of child sexual abuse, his attorney Joe Amendola is contemplating grounds for an appeal. Seriously? It seems to be time for yet another 1-800-REALITY check, my friend. [Centre Daily Times]
* Remember the Texas family law judge who got caught beating his daughter in a viral video? An ethics panel issued him a “public warning” as punishment — he didn’t even get a reprimand. Sigh. [Houston Chronicle]
* The DOJ has asked for permission to intervene in a class-action suit against LSAC that alleges an epic fail on organization’s part when it comes to accommodating LSAT exam takers with disabilities. [WSJ Law Blog]
* Bucky Askew, a former adviser to the ABA Section of Legal Education and Admissions to the Bar, has moved on to bigger and better things. He’s now a trustee of the National Conference of Bar Examiners. [ABA Journal]
* When in doubt, seek divine guidance and bet it all on black. Supreme Court Justice Antonin Scalia is going to be visiting Las Vegas this week, where he will attend a Red Mass and then head for the Strip. [Reno Gazette-Journal]
* After being limited on page length, a licensing expert opted to file a five-page cartoon brief in the Apple e-book case. This dude can retire, because he’s achieved legal baller status. [Bloomberg]
* James Hayes’s lawsuit over ICE’s alleged federal “frat house” has been sent to mediation for a possible settlement — but in real Greek life, he likely would’ve been peer pressured to de-pledge. [Washington Post]
* Bull’s-eye! Brooklyn Supreme Court Justice Arthur Schack has recused himself from a personal injury case where he was alleged to have called a Cozen O’Connor partner a “piece of sh*t.” [New York Law Journal]
* The case of the missing asterisk: an Ohio Court of Appeals candidate was fined for wearing judge’s robes in her campaign flyers because she failed to indicate her judicial status or lack thereof. [National Law Journal]
* How much does it cost to cover up and then begrudgingly deal with a child sex abuse scandal? The tab thus far for Penn State University is about $17M — $4M of which went to legal services and defense. [CBS News]
* Despite Villanova Law’s admissions scandal, the dean reports that the school has admitted its “highest-quality” class ever. You know it’s hard to believe anything you say about your data, right? [Philadelphia Inquirer]
* 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]
* The ABA adopted a rule that law school data must not be “misleading.” That rule of course means nothing unless the ABA has the will to enforce it. [American Bar Association]
* Posner, gay porn, and the future of the internet. Oh yeah, you’re clicking on this link. [Hollywood Reporter]
* Some Penn State trustees are filing an appeal over their NCAA sanctions. Yeah, because we really want a higher power to take a closer look at PSU. [ESPN]
* Alex Kozinski kind of apologizes for the 9th Circuit judicial conference in Maui. Kind of. [9th Cir. via How Appealing]
* I was in the opening segment of the new Planet Mancow show with Erich “Mancow” Muller. Apparently, I’m the only guy who thinks an Escape from New York scenario where everybody is armed is a bad thing. [Planet Mancow]
* Media bias isn’t necessarily what you think it is. [The Atlantic]
For the past week, many sportswriters have focused on how lucky they believe Penn State University was to avoid the ‘death penalty‘ to their football program, especially after NCAA President Mark Emmert threatened just that sanction. What almost nobody is talking about, however, is that the NCAA’s ‘death penalty’ sanction may very well have been illegal under Section 1 of the Sherman Act. Thus, if the NCAA had attempted to shut down Penn State’s football program, an interesting antitrust challenge could have potentially followed.
As a private association composed of member schools that compete against each other for fans and players, all commercial decisions reached by the NCAA or its employees are, in essence, horizontal agreements subject to Section 1 review. In addition, any agreement by the NCAA to ban a competitor from the marketplace would be defined as a “group boycott,” which falls among the most troublesome types of agreements subject to Section 1 scrutiny…
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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 six years. You can reach them by email: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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