Privacy

‘What, no power rings for the Law School Avengers?’

* In case you didn’t catch this yesterday when it was announced, Osama bin Laden’s son-in-law, Sulaiman Abu Ghaith, is currently being held for trial in New York City. This will be the most unbiased jury in the world. /sarcasm [New York Times]

* According to Justice Anthony Kennedy, democracies shouldn’t depend “on what nine unelected people from a narrow legal background have to say.” Well then! I suppose we should look forward to the uprising. [The Big Story / Associated Press]

* Cooley and Winston & Strawn are working on the $600 million sale of everyone’s favorite store for slutty Halloween costumes, Hot Topic. Apparently that store still exists. I had no idea. Good to know! [Am Law Daily]

* Proskauer Rose is now the most powerful Biglaw firm in the sports world. It just goes to show that even if you’re too awkward to play ball, it doesn’t mean you can’t hit it out of the park in court. [Sports Illustrated]

* “I would love to blink and wake up in 10 years and see where all this ends.” Unemployed law grads are probably saying the same thing, but hopefully these law school law firms will be beneficial. [New York Times]

* A group of legal heavy hitters — “The Coalition of Concerned Colleagues” — submitted a cutting letter to the Task ABA Force on Legal Education. Next time, try “The Law School Avengers.” [WSJ Law Blog (sub. req.)]

* If it’s proven that enough Native Americans find the Redskins team name offensive, the Trademark Trial and Appeal Board may cancel the mark. Would it be offensive to call the TTAB Indian givers? [National Law Journal]

* An apple a day may keep the doctor away, but benchslaps are another thing entirely. Sorry, Gibson Dunn, but your document production “mistake” was “unacceptable” in Judge Paul Grewal’s courtroom. [Bloomberg]

If you have a mediocre law firm, here’s a new trick — just buy the ad-search rights to the names of better law firms. Every time someone searches for the better firm, a nice big ad for your firm will pop up.

Does that sound dirty? It kind of seems like cashing in on the good will of another firm. Not to mention the personal identities of the lawyers at the better firm.

So, yeah, it sounds dirty and not possibly legal.

Well, a state appeals court decided it was totally legal….

double red triangle arrows Continue reading “Buying the Names of Your Competitors Is Good Business, Totally Shady”

* The horror! The horror! Sacrilege! Constitutional law nerds nationwide will weep at the very thought of someone suggesting that our country’s governing document be amended to abolish life tenure for Supreme Court justices. [Los Angeles Times]

* Quite frankly, it’s pretty amazing how quickly the preclearance section of the Voting Rights Act went from being seen by states as something that wasn’t “onerous” to being “arbitrary and burdensome.” That’s politics for you. [It's All Politics / NPR]

* Jim Woolery, an M&A superstar formerly of J.P. Morgan, has made the jump to Cadwalader after only two years at the bank. Upgrade or downgrade from his Cravath partnership? [Wall Street Journal (sub. req.)]

* Some law professors stop teaching classes to tend to their divorce proceedings, but other law professors teach classes from their hospital beds so their students aren’t thrown to the wolves. [Tex Parte / Texas Lawyer]

* It you want to be employed, make damn sure you nail your interview because “[t]he stakes are higher than ever” — fewer than 13 percent of permanent law jobs were obtained from OCI in 2011. [National Law Journal]

* Greenlight Capital’s case against Apple might have been perceived as a “silly sideshow” by some, but it looks like Judge Richard Sullivan of the S.D.N.Y. purchased front row tickets. [DealBook / New York Times]

* Speaking of silly sideshows, the DOJ recently joined the fray with Floyd Landis and his False Claims Act suit against Lance Armstrong. Perhaps it’s time for the disgraced biker to take his ball and go home. [Bloomberg]

* Alan Westin, privacy law scholar and professor emeritus of public law at Columbia, RIP. [New York Times]

* A study finds that over 93 percent of attorneys, judges, and legal writing professors think the writing they’re reading is bad. One could argue this is evidence of a crisis in writing skills. Or one could argue that lawyers are a**holes who think every voice other than their own is wrong. It’s a 50/50 shot. [Associates Mind]

* If you ever wondered how many OSHA violations one could find with Jabba’s Palace, wonder no more. [Legal Geeks]

* Are you scared of Obamacare? Here’s a roundup of your official survival guides! [The New Republic]

* If you’re trying to enter the United States, border agents can seize your electronics and look at all your private files because you need to respect their authoritah! [Forbes]

* Joseph Kennedy Jr. died helping to invent drones. OMG, you guys! The drone war is the final stage of the Kennedy family’s long-term liberal plan for world domination. [io9]

* Senator Menendez has hired McDermott Will & Emery and Perkins Coie to conduct spin control now that he’s getting flak for privately funded air travel and hooker allegations. See what you can do with your law degree! [The BLT: The Blog of the Legal Times]

* Avvo is expanding their legal rating service into a full research tool to allow potential clients to pick out lawyers. So you’d better get in good with Avvo now. [Avvo]

* Now here’s a trick — watch Magic Circle lawyers disappear! Pepper Hamilton, now led by Louis Freeh, lures Linklaters lawyers to its ranks. [Thompson Reuters News & Insight]

‘They stole [accreditation] from us. Sneaky little ABA. Wicked, tricksy, false!’ — FAMU Law

Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will be back in full swing tomorrow. We hope you enjoy your day off (or feel free to lament your lack thereof in the comments).

* “[T]hey don’t want to hear nothing.” Vedel Browne, the man accused of robbing Stephen Breyer at machete-point while the justice was vacationing in his home in the Caribbean, now claims that he’s innocent, mon. [St. Kitts-Nevis Observer]

* You know what, the farmer in the Super Bowl commercial probably didn’t have to deal with bullsh*t like Monsanto’s seed patents, but today’s farmers do, and they’ll argue their case before the Supreme Court this week. [New York Times]

* “I’m a betting man. And I would bet and give odds that Sullivan & Cromwell has never said that publicly.” Who dares question S&C’s stance in the hot mess that is Herbalife? None other than Carl Icahn. [Am Law Daily]

* Here’s an important Biglaw math lesson that’s been provided to us via California-based firms like Irell & Manella, Munger Tolles, and Orrick: a little revenue minus a lot of partners equals profitability. [Recorder]

* Amid a flurry of filings on Valentine’s Day, love must’ve been a battlefield for the embattled Dewey & LeBoeuf refugees who were in desperate search of their once promised 2011 bonuses. [WSJ Law Blog (sub. req.)]

* From the department of things that suck: having to defend your office’s alleged “underhanded tactics” in a $150 million wrongful conviction case while you’re trying to get re-elected as district attorney. [New York Times]

* We got bitches in the office lawyerin’ on, and they ain’t leavin’ till six in the mornin’ — unless they want to be fired. An ex-Travers Smith trainee claims she was canned for leaving the firm “early”… at 6:30 a.m. [Telegraph]

* If it weren’t for Cosmo, this woman wouldn’t have known her landlord was an alleged creeper. A Maryland lawyer now faces criminal charges for allegedly filming his female tenants in the nude. [Washington Post]

* “We wants it, we needs it. Must have the precious!” The ABA officially put Florida A&M on notice that its law school accreditation may be in jeopardy if they don’t shape up in terms of bar passage. [Orlando Sentinel]

* What do you do the second you step off a cruise ship that’s been described as “a floating toilet, a floating petri dish, a floating hell”? You grab the very first lawyers you see, and sue! [Nation Now / Los Angeles Times]

* Justice Sotomayor’s memoir made the NYT’s best-seller list, and in terms of sales, she’s officially beating the pants off other Supreme Court justices who’ve released books of a similar nature. [WSJ Law Blog (sub. req.)]

* In case you were sleeping under a rock yesterday when this happened, John Kerry was confirmed by the Senate as secretary of state. Don’t think we’ll be getting a Texts From John Tumblr, though. [New York Times]

* Despite having a “pretty spectacular” year, Blank Rome’s legal secretaries may soon find themselves blankly roaming in search of new employment. Better hurry up, the buyout offer expires on Friday! [Legal Intelligencer]

* Straight up now tell me, do you really wanna sue me forever? Corey Clark once claimed he had an affair with American Idol judge Paula Abdul, and now he claims MoFo and Gibson Dunn defamed him. [Am Law Daily]

* In this round of musical chairs, we learn that Orrick hoovered up three energy and project finance partners from Bingham, one of whom will co-chair the firm’s U.S. energy group. [Thomson Reuters News & Insight]

* Remember the Zumba prostitution ring? Now we know you can’t be prosecuted for secretly filming Johns in the act in Maine, because there’s no expectation of privacy in “bordellos, whorehouses, and the like.” [Wired]

* Energy drink makers are facing class action suits over claims made about their products. Fine, Red Bull may not give you wings, but it tastes like piss, and that’s gotta count for something, dammit. [National Law Journal]

* Much like herpes, Lindsay Lohan’s legal drama is the gift that just keeps on giving. Her longtime lawyer Shawn Holley wants out, and her new lawyer, Mark Heller, isn’t even licensed to practice in California. [CNN]

Now that we’re done yelling at all the law professors in America who couldn’t bother to submit grades for their classes in a timely manner, it’s time for our other semi-annual tradition of covering total grading screw-ups by esteemed legal academics. Exam period isn’t truly over until at least one professor adds to the misery of current law students in some odd way.

The screw-up in this instant case is a doozy. We’re looking at a large 1L class, a massive administrative failure, and a loss of privacy for the students.

You know your screw-up is noteworthy when the official administrative “solution” to the problem is “wait, don’t read that email…”

double red triangle arrows Continue reading “Would You Like To See The Grades Of All Your Classmates? Then You Should Have Gone To This Top Law School!”

This guy deserves way more than $10.

A good chunk of America was Googling “class action” this weekend thanks to Facebook. Millions of the site’s users received an email in the last few days with the subject “Re: LEGAL NOTICE OF SETTLEMENT OF CLASS ACTION.” Those that didn’t immediately delete it as spam discovered they’re entitled to up to $10 from the social networking giant for putting them in “Sponsored Story” ads. That’s when Facebook takes something you Liked or a link you posted and uses it in an ad aimed at your friends. (So, word to the wise, never ever post a link on Facebook to a 55-gallon gallon drum of sex lube.)

Fraley v. Facebook, the class action lawsuit that could make a bunch of Facebook users a little richer and a bunch of class action lawyers (led by Robert Arns) a lot richer, was filed in California in 2011 by an enterprising group of plaintiffs led by seamstress Angel Fraley, shortly after “Sponsored Stories” launched. They claimed the company had violated the law by using their names and likenesses in ads without their permission and without paying them. (Lead plaintiff Fraley later dropped out of the suit citing Facebook lawyers’ aggressive tactics, which basically consisted of digging up embarrassing material about her from her profile page.)

Facebook and the plaintiffs settled the suit in December to the tune of $20 million. That $20 million is covering the class action lawyers’ fees ($7.5 million plus expenses), with the rest either being divvied up among approximately 125 million presumably-aggrieved Facebook users who appeared in Sponsored Stories ads, or, if the demand is too great, divided by a bunch of non-profits that work on privacy issues. If the amount of money divided by the number of claimants comes out to less than $4.99 each, the money goes to the non-profits, who surely must be in the midst of planning a major “Rock The Claim” campaign. Unfortunately, I can’t help out.

Continue reading at Forbes….

Instagram is adding a monetization filter to its precious photo-sharing service. In a change to its privacy policy that has everyone in my Twitter feed freaking out, Instagram has given itself the right to lease users’ names, likenesses, and photos out to advertisers. That means the Kelvin-filtered photo of your polished finger nails might wind up being used by the responsible salon; or that the craft cocktail bar where you Hefe-filtered your Chewbacca Jacuzzi may throw it into an ad; or that the vintage market where you Walden-filtered that top-hat-wearing boar’s head might pay to promote it.

The change comes on the heels of corporate owner Facebook giving itself the right to dip into the data Instagram has on its users, which means Instagram’s photos will start being fed into Facebook’s well-oiled advertising platform.

“Dear @instagram @facebook – You have the right to run your business as you choose. But screw you,” tweeted one privacy advocate.

Here are the offending terms of the new Instagram terms of use:

[Y]ou hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, except that you can control who can view certain of your Content and activities on the Service…

In other words, Instagram recognizes that it shouldn’t screw over users who have private accounts by using their photos in ads aimed at the general public (though they can put them in ads aimed at your friends).

But will Instagram screw over its users anyway?

Continue reading at Forbes….

To be honest, I don’t know if this is a Formula 1 car or an Indy car. Now ask me if I care.

* Judicial benchslap catfight over administrative orders. Man, I didn’t think I could make the word “catfight” sound so unsexy, but there you go. [The Chief Jester]

* Is it a federal crime to read Above the Law at work? If so, download the app. [Workplace Law Prof Blog]

* Speaking of apps, te “App from Hell” would be more interesting if it were actually an app. But hiring Professor Dan Solove to teach your colleagues about privacy is still a good idea. [Teach Privacy]

* A dean of the University of Ottawa Law School wrote an op-ed defending Canadian law schools (which aren’t even as bad as U.S. law schools). Remember when deans didn’t have to defend law schools because there were “jobs” for “new attorneys”? [Canadian Lawyer]

* Here’s an article about Formula 1 racing that you don’t need Google translator to read. [Dealbook]

* Bonus podcast! I mean, Lat did a podcast with the ABA Journal about bonuses, not that there’s a podcast you can listen to in order to get a bonus. [ABA Journal]

* Bonus Lat! I mean, here’s a story about David Lat and the changing coverage of law firms and the legal profession. [Details]

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