I work in a highly competitive sales market. Underhanded deeds, though never perpetrated by my clients, are de rigeur in this field. There seems to be an ethical handbook for sales folks that has a theme of “ethics smethics –- close the deal at all costs.”
At quarter-end, or worse, year-end, this mantra can infect an attorney’s most rigid values. It is at these times when we must be on guard against the pressure to close. The pot at the end of the rainbow will look rather less shiny when tarnished by an ethics violation. None of this is news to most in-house folks.
With an economy on a slow crawl back to health, and internal pressures from all sides to cut costs and maximize revenue, shenanigans from sales people are rife in war story lore. But what of bad behavior by customers? I can tell you that after my years in-house, when I thought I’d already seen it all in private practice, I was quite wrong….
The [Megaupload] prosecution is a depressing display of abuse of government authority. It’s hard to comprehensively catalog all of the lawless aspects of the US government’s prosecution of Megaupload[.]
The U.S. government seems to be losing ground quickly in the PR war surrounding the case against Megaupload, the massive file-sharing site, and the company’s leader, Kim Dotcom. Just over a week ago, we learned that Quinn Emmanuel had signed on as the company’s defense team; the firm hit the ground running with a brief calling B.S. on one of the government’s objections.
And on Friday evening, news broke that the FBI may have again screwed the Megaupload pooch. The potential procedural goof was apparently severe enough that a federal judge wondered aloud if it might have killed the case…
Following the federal government’s raid in January 2012 on Megaupload, the company that owned and operated the notorious file-sharing site megaupload.com, the criminal case has already started making its way through the court system. The government froze the company’s assets, and the CEO is under house arrest, but Megaupload still managed to hire some high-powered, Biglaw representation. Good for them, right?
Well, maybe not. The government has objected to Quinn Emanuel entering the case to represent Megaupload. The government cites conflicts of interest.
What are the alleged conflicts? And what does Quinn have to say about the situation?
The firm just filed a saucy brief responding to the objection. Let’s just say that Quinn isn’t taking it lying down…
The war on internet piracy currently being waged by entertainment industry lobbyists the U.S. Justice Department seriously puts me in an ideological bind. On one hand, I am a creative person. I understand the need for content creators to be compensated for their work. Whether that means movie producers, musicians, or journalists, the internet has deeply screwed with the compensation structure for “artists.”
On the other hand, that should not be the internet’s problem. The entertainment industry needs to figure out a way to update its outdated business model. Going after every 23-year-old with a few personal servers and high-speed internet is never going to fix the piracy problem.
But that would take a lot of actual work and planning and compromise. In the meantime, it’s business as usual. And that means extraditing a 23-year-old software engineering student from the U.K. who ran the website TVShack, a site which linked to streaming video files.
The kid has never been to the U.S. He did not even break any British laws, but OMG piracy, and woe to all who get caught anywhere near the crosshairs of the American entertainment industry….
* Sorry Wisconsin, but Judge Sumi’s going on vacation, so you can take your bargaining rights and stick ‘em where the sun don’t shine. Man, I hope she’s going to a place where the sun does shine. [Wisconsin State Journal]
* An NBA referee is suing a sportswriter over a tweet made during a Timberwolves/Rockets game. Seriously? You can’t call a foul just because someone hurt your feelings. [St. Paul Pioneer Press]
* Quinnipiac Law: where being convicted of fraud is a pre-req for employment as the registrar. I guess they must have a work from home option, since Mary Ellen Durso is under house arrest. [Hartford Courant]
* Should all buildings that were damaged in the September 11th attacks be declared landmarks? Probably not — after all, Century 21 was damaged, and that’s just a landmark for crappy couture. [Reuters]
Capturing Somali pirates.
* Arr, me matey. Five Somali pirates were forced to walk the plank. Okay, not really, but it was the first time in 190 years that a U.S. jury convicted a defendant of the peg-legged kind of piracy. [CNN Justice]
* Because common sense is hard for some lawyers, you probably shouldn’t advise your clients to break into their foreclosed homes. You probably shouldn’t break in on their behalf, either. [ABA Journal]
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.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
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