Edward Snowden returned to the news this week when NBC aired an hour-long interview with him, the first on American TV. Anchor Brian Williams met with Snowden in a Moscow hotel. The 30-year-old former computer systems administrator described his motives for releasing an unprecedented payload of classified information about NSA surveillance.
Snowden is vexing. As a person, he seems a mix of likeable and unlikeable traits. He appears earnest, convinced of the rectitude of his choices even if, as he told NBC, “Sometimes, to do the right thing you have to break the law.” Yet he bristles at Obama Administration characterizations of him as a low-level employee, a high-school dropout. (For example, the president told reporters last year, “No, I’m not going to be scrambling jets to get a 29-year-old hacker.”) Even if Snowden is right to resist the connotations of those labels, listening to him defend himself in the interview can be painful. He insists he was “trained as a spy” who lived under an assumed identity and was a powerful operator. He sounds like a young man with a bruised ego. The last thing one wants to have to worry about in a situation of this great national and international importance, though, is one young man’s ego.
Snowden’s case is more important and more vexing. NSA’s surveillance programs are deeply troubling….
For the people who are enamored with the idea of the tax revenue from this, go to Colorado and see if you want to live there. See if you want to live in a major city in Colorado where there are head shops popping up on every corner. And people flying into your airport just to get high. You know, to me, it’s just not the quality of life we want to have here in the state of New Jersey, and there’s no tax revenue that’s worth that.
Dinesh D’Souza pleaded guilty to a charge related to illegal campaign contributions in Manhattan federal court on Tuesday. D’Souza, a conservative commentator, Reagan White House policy adviser, and Christian apologist, is widely known for his documentary film 2016: Obama’s America. D’Souza faces up to sixteen months in prison. Sentencing is scheduled for September 23.
The case involved D’Souza’s use of “straw donors” when his own campaign contributions reached their legal limit. He encouraged two people close to him to each donate to the 2012 U.S. Senate campaign of his friend, Wendy Long. D’Souza promised to reimburse them for the donations. According to a press release by the Department of Justice, “Later that same day or the next day, D’SOUZA, as promised, reimbursed the Straw Donors $10,000 each in cash for the contributions.”
D’Souza’s defenders and critics can apparently agree on several points:
(1) D’Souza committed the crime.
(2) D’Souza committed the crime in an astonishingly ham-fisted way. (There’s nothing sly about handing over cash the day after a conversation like that. D’Souza might as well have delivered the money in a box marked “Campaign Finance Law Violation.”)
(3) The government is making an example of him.
What each side means by “making an example of him” is what makes this case more interesting . . . .
* Pennsylvania’s Governor Tom Corbett, who really wants to win his reelection vote in November, won’t appeal the decision striking down the state’s ban on gay marriage, making him the third governor to concede after a major loss in court. [Bloomberg]
* Sen. Ted Kennedy finally received his diploma from UVA Law, albeit posthumously. The school’s registrar kept it for more than half a century — they didn’t have his address. Lucky guy never received donation letters, either. [National Law Journal]
* An associate is suing her former boss for six figures after he allegedly sent her erotic emails about his fantasy workplace affair. Her fantasy of loan repayment may come true if she wins this case. [Oregonian]
* Apple’s general counsel Bruce Sewell gave some pretty great advice to recent graduates at GW Law: “Be someone [your boss] can talk to, rather than someone she can give orders to.” [Corporate Counsel]
* The New Mexico Law Review is dedicating an upcoming issue to articles related to Breaking Bad, which officially makes it one of the only law reviews whose pages will be read by human beings. [WSJ Law Blog]
I am writing this from Hanoi, Vietnam, where I have been for the last week, working on legal matters for American companies doing business in Vietnam. Viewing firsthand how Vietnam has responded to this week’s anti-Chinese riots has prompted me to write on the impact those riots and the sentiments that led to them might have for American businesses in Vietnam.
Many American companies doing business in China have what is commonly referred to as a “China plus one strategy.” Such companies will have the bulk of their Asian operations in China, but will also be active in at least one other Asian country to hold down costs or reduce over-dependence on China. The increasing cost of labor (and other inputs) in China has accelerated the number of companies considering this strategy.
If you do a Google search for “China plus one,” Vietnam is listed one, two and three as the “plus one” that specifically mentions another country. It is also the country my law firm’s clients most often mention when considering where to go outside China.
In an essay for Thought Catalog called “I Had an Affair with My Hero, A Philosopher Who’s Famous For Being ‘Moral,’” an anonymous graduate student describes her soured romance with a prominent professor from another university and how she learned that he initially hid his history of pursuing other young women. Shortly thereafter, her friend started a campaign to crowd-fund expenses for legal action. They created the pseudonym “Lisbeth” for the essay’s author. Under the heading “Help us sue the school protecting a known rapist,” the fundraiser’s description now reads, “I’m Emma Sloan, Yale 2010. My dear friend is suing the professor who tried to rape her and the university for knowingly protecting him. Thanks to donations from our generous supporters, she can afford the $7000 retainer for a forensic psychiatrist.”
The Chronicle of Higher Education reported on the case. Many within the academic community have joined the fray, whether to champion Lisbeth’s cause, attach it to broader gender equality concerns, express doubts, or simply gossip.
Title IX obligates schools that receive federal funds to address sexual violence or harassment on their campuses. To pursue a grievance or official complaint, the person need not herself be the victim of the alleged discrimination. Someone who claims to be the actual victim of a Title IX violation has the additional right to pursue her claim in private litigation against the university. If she can show that the school was deliberately indifferent despite actual knowledge of the misconduct, she can win injunctive relief or money damages for her injuries. Yale’s Title IX coordinator, Stephanie Spangler, is investigating Lisbeth’s claims.
So, where exactly did this professor’s alleged conduct pass from merely smarmy to worthy of legal sanction?
Today I continue to address some of the questions that I have received from you by email. Once again, I note that these are simply my personal views on the questions presented.
1. How do law firms assess job moves on a résumé, particularly when the moves were dictated by life circumstances (such as the need to follow a spouse into a secondary legal market)?
There is an unspoken belief amongst many recruitment professionals that a candidate who has moved around too often is a problematic candidate. Whether this is true or not, recruitment professionals view a fifth-year candidate who has already been at three firms as easily discontented. The thought then becomes — why would this candidate be happy at our firm? How are we any different than his or her previous employers? While candidates are often able to explain their moves (e.g., personal circumstances), recruiters then question the depth of experience that a candidate has had to date. Is a candidate who has stayed at one firm for five years more experienced that a fifth-year associate who has moved firms three times? In my experience, employers always favor the former candidate. Partners like loyalty and depth of experience, be it actual or perceived.
2. How long after graduation should an associate remain at a less than ideal job in a secondary market before submitting a résumé to a Biglaw firm in a more desirable location, such as New York or Chicago?
I have lawyers who are extremely well-connected at the Justice Department who usually can, with one phone call, get [Attorney General Eric] Holder on the phone. And they actually have gotten the people they wanted to get on the phone. And those people have been very unusually unforthcoming about what their thinking is or what’s happening, even to the extent of not being willing to tell them whether there’s already an indictment filed under seal or whether there’s a grand jury investigation…. [T]hey clearly want me to linger in this state of uncertainty.
– Lawyer turned journalist Glenn Greenwald, famous for his reporting on NSA surveillance, discussing with GQ the legal limbo he finds himself in.
(What Greenwald thinks about Hillary Clinton — hint: he’s not a fan — after the jump.)
Ever have that feeling that someone got your slot in law school even though they didn’t deserve it? They had worse grades, worse test scores… they may not even be able to pass the bar. It’s ridiculous that schools are allowed to have biased admissions policies that discriminate against qualified students in favor of some politically popular factor.
Because this is a story about candidates who — on the face of it — just don’t appear qualified to attend the school, and who just so happen to have political pedigrees and got in….
You might die on Mars, but you’d probably be employed.
* Due to the extreme polarization of SCOTUS, with its near constant 5-4 opinion line-ups, “it becomes increasingly difficult to contend … that justices are not merely politicians clad in fine robes.” Yep. [The Upshot / New York Times]
* Tim Wu, the Columbia Law professor who first introduced the term “net neutrality” to the world, had two of his clerkships (Posner and Breyer) “arranged” by Professor Lawrence Lessig. If only we could all be so lucky. [New York Times]
* We’re getting the sinking feeling that the lack of diversity in law school is one of those problems that everyone and their mother claims to be trying to fix, but the lack of momentum keeps it from ever truly improving. [National Law Journal]
* When contemplating what law schools would have to do to get a bailout, this law professor has three ideas, and they involve changing her colleagues’ lives in uncomfortable ways. Well played. [Boston Globe]
* Cole Leonard is struggling to decide between going to law school and going to Mars. Well, he’s more likely to have a job doing anything on Mars than here on Earth as a lawyer. HTH. [Dallas Morning News]
* The L.A. Clippers have a new CEO, for the time being. Say hello to Dick Parsons, the former chairman of Patterson Belknap, a man who the world hopes is not quite as racist as his predecessor. [Am Law Daily]
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: firstname.lastname@example.org.
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.