Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
We’ve covered the Stephanie Lenz / dancing baby / fair use case for years — but now it looks like there’s finally going to be a trial to consider if Universal Music can be punished for sending a DMCA takedown notice on a video of Lenz’s infant son dancing to 29 seconds of a song by Prince, which Lenz asserts was clearly fair use.
If you haven’t followed the case, it’s been argued back and forth for years. At one point, the court ruled that a copyright holder does need to take fair use into account before sending a DMCA takedown, but that there needs to be “subjective bad faith” by Universal Music in sending the takedown. In other words, Lenz (and the EFF, who is representing her) needs to show, effectively, that Universal knew that it was sending bogus takedowns. The EFF has argued that willful blindness by Universal meant that it had knowledge (amusingly, using precedents in copyright cases in the other direction, where copyright holders argue that willful blindness can be infringement)….
Thus far, reader sentiment doesn’t seem favorable towards Berry. According to Above the Law sources, Greg Berry wasn’t popular at Penn Law, where he was known for sending strange emails about his traffic court misadventures to his classmates. A tipster who knew Berry during his first career, as a software engineer who “conquer[ed]” Silicon Valley, expressed the view that Berry was “very inflexible,” lacking in a sense of perspective, and “not a good fit with the dot.com 1.0 work-style.”
In fairness to Berry, however, we have heard more positive opinions as well. For example, one Penn classmate described Berry to us as “a nice, smart dude, and a go-getter.”
* Star Magazine says that Katie Holmes is a drug addict. Which drug? Scientology. She might win the libel lawsuit, but her ultimate judge will be Xenu. [Reuters]
* A judge in Illinois won’t let a defendant who looks like the Crazy Cat Lady from the Simpsons get her hair done or wear makeup at trial. [Chicago Sun-Times]
* A judge in New York, on the other hand, will give a defendant the tie off his neck and the Brooks Brothers shirt off his back just so he can look stylish in court. [New York Post]
* Just because your kid went to the prom with a Muslim doesn’t mean that you’re down with Islam — especially not when you want to make it a felony to follow Shariah law. [Washington Post]
* Christina Aguilera got arrested for being drunk in public. Someone needs to put that genie back in her bottle before she heads the way of other infamous Mouseketeers. [ABC News]
* How desperate do you have to be to molest your kid in exchange for a date? How stupid do you have to be to think child porn therapy is real? The answer to both questions is VERY. [Detroit Free Press]
* The SEC has accused Goldman Sachs’s ex-director of insider trading. The next insider trading he’ll probably be doing is for cigarettes in the pokey. [Wall Street Journal]
Above the Law has launched a brand new eDiscovery Resource Center in partnership with Recommind. Stay on top of the ever-changing eDiscovery and predictive coding landscape with our practical tips, insightful white papers, and webinars.
The past few months have been a blur as I have traveled the country visiting law firms. With summer winding down (as well as ILTA14 now in the rearview mirror), it seemed like a good time to see what lessons could be distilled from firms that are having real success in discovery practice.
1. Focus on finding what matters
Despite all of the articles lamenting the rapid growth in data volumes, litigation is still won and lost with a handful of witnesses and a few dozen documents. Regarding this issue, the head of litigation for an AmLaw 50 firm shared with me that for him litigation was still about the binder of documents he was glad he had found and the binder of documents he wished he hadn’t found. Discovery solutions, he explained, that didn’t address those needs were missing the mark. Given the strength of this lesson, I incorporated it into my discussions with other lawyers over the past few months and found that it resonated with litigators, especially those who practice outside of the eDiscovery bubble (in other words 99% of the litigators I interact with on a routine basis).
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for Asia focused projects and client meetings for the next 4 weeks, through December 15. Feel free to reach out to him at Evan@Kinneyrecruiting.com if you would like to schedule a meeting, to discuss the market and your career. Starting in January, Evan will be mostly splitting time between New York and Hong Kong.
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.
The “New Normal” is no longer new. On Thursday, November 20th, from 6 to 9 p.m., join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, JPMorgan Chase & Co. assistant general counsel Jason Shaffer, and Joe Borstein of Pangea3 for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model.
Please sign up below to RSVP. We look forward to seeing you there.