social networking

Orly Taitz

* Twitter ordered to out anti-Semitic users by a French court. France wants to know the names of the anti-Semites so they can surrender to them. [Thomson Reuters News & Insights]

* How are you feeling, Vermont Law School? Right now, you don’t look so good. [Constitutional Daily]

* Now you too can see why AIG decided to not sue the government that bailed them out. [Dealbreaker]

* Seems like these Catholic hospitals aren’t so strident about when life begins when there’s a malpractice lawsuit on the line. [Raw Story]

* Though, according to some Republicans, fetuses might still be evidence — evidence that rape victims should not be allowed to “tamper” with (what a wonderful little party the GOP has going there). [Gawker]

* Orly Taitz: Still Bats**t crazy. [Huffington Post]

* The Maryland State Police have to turn over racial profiling complaints to the NAACP. Man, wouldn’t that have made a good season of The Wire? “The Staties.” Carcetti would be Governor. McNulty would be getting away from it all by tending bar in the D.C. area, only to get sucked back in when he passes a state trooper arresting Bubs for driving while black through Takoma Park. [Baltimore Sun]

Last week, Netflix announced that it received a Wells notice from the SEC. Apparently, while the SEC was cruising Facebook (what else is there to do while neglecting to investigate Wall Street?), someone noticed Netflix CEO Reed Hastings posting that Netflix had surpassed one billion hours of streaming old episodes of Facts of Life to shut ins.

The SEC staff thinks Hastings disclosed material information in this Facebook post, possibly violating Reg FD, the 2000 regulation that put a stop to companies giving an advantage to small subsets of investors by disclosing material information between blowing rails of coke off strippers.

But Facebook isn’t a seedy strip club full of free drugs and prostitutes (read: Christian Mingle). Reed Hastings has over 200,000 “fans,” many of whom are analysts and reporters. In pursuing enforcement without exercising a little discretion, the SEC ignores these facts.

Netflix is arguing that the disclosure was not material and that most investors knew that the CEO’s Facebook page is recognized as an avenue for public disclosure.

Regardless of the specific resolution of this matter, this is one more reminder that the SEC is woefully behind when it comes to adapting to technological developments. Like, oh I don’t know, HFT perhaps?

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Bryan Garner

How old is “bench slap”? Should I put it in Black’s Law Dictionary? How would you define it?

– Legal writing guru Bryan Garner, editor of Black’s Law Dictionary and co-author (with Justice Scalia) of Reading Law (affiliate links), asking on Twitter about a possible addition to Black’s.

(Information about the origins of “benchslap,” after the jump.)

double red triangle arrows Continue reading “Tweet of the Day: Ask Your Co-Author, Justice Scalia; He’s an Expert on Benchslaps!”


I work as a lawyer so I can afford Gold Label so I can forget that I work as a lawyer.

Facebook status update of a person who graduated from a top 10 law school and now works at a large law firm.

Let's hope nobody you make fun of ever decides to kill themselves. Otherwise you might end up like Ravi.

* So, your colleague or family member dies, suddenly, after allegedly being worked into the ground. But it’s my blog post about it that “turned the sad situation into a nightmare”? I think instead of lamenting for a fluff piece in a local paper, the media geniuses at Dinsmore should respond to a legitimate press inquiry. [West Virginia Record]

* The Dharun Ravi trial is under way. I’ll be calling it the Ravi trial, not the Tyler Clementi trial. Because Tyler Clementi is the kid that tragically killed himself, while Dharun Ravi is the very much alive person who has already had his life ruined even thought he didn’t kill anybody. [Metropolis]

* Are law firms finally starting to make money off of their investments in social media? [Legal Blog Watch]

* HoLove is getting a Brazilian. [Legal Week]

* Mmm… Section 230. [Paid Content.org]

* Does pot make you less productive, or does lack of productivity make you smoke pot? Or, man, have you ever thought that, like, maybe the pot was smoking you, or something? [What About Clients?]

* If you go to the second hour of this show, at about the 33-minute mark, you’ll hear me start to absolutely lose my mind over the Supreme Court’s decision to grant cert in Fisher. [WBEZ]

Working as a process server is a tough job. It might be one of the few modern professions where “don’t shoot the messenger” still has literal meaning. Seth Rogen made it look kind of cool in Pineapple Express, and he got to wear disguises. But that movie wasn’t exactly realistic.

But what if there was a new, technologically savvy way to serve hard-to-access litigants? Some sort of online community that everyone was a part of? Oh wait, we have that. It’s called Facebook.

::Light bulb goes on::

At least, that’s what a judge in England was thinking on Tuesday when he ruled that a defendant in a commercial dispute could be served via Facebook. The judge gets points for forward thinking, but at the same time I’m not sure the plan was too well thought-out…

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[T]his might be a helpful alert to lawyers who are hiring someone to try to promote their sites: It’s possible that the promotion might consist of behavior that is par for the course for purported penis enlargement products, but not really in keeping with the sort of reputation that lawyers generally seek to cultivate.

– Professor Eugene Volokh, issuing a warning to lawyers that hire outside companies to promote their law firm websites using spam blog comments.

* How many of these suggested New Year’s resolutions should the members of the Supreme Court consider following? Eight out of ten resolutions wouldn’t be too shabby. [Huffington Post]

* Like a virgin, detained for the very first time: thanks to this court order, Egypt will be forced to come out of the dark ages and ban virginity tests for female detainees and military prisoners. [CNN]

* Oh, hell no. Judge Jed Rakoff issued an order 78 seconds after the Second Circuit decided to delay the SEC’s Citigroup case. His pimp hand is strong (which is impressive!). [WSJ Law Blog]

* As an attorney, you should know that the law stops for no one, not even Santa Claus. Major deals in Asian markets kept many Biglawyers working hard this holiday season. [Am Law Daily]

* Social media subpoena fail: “Haha. Boston PD submitted to Twitter for my information. Lololol? For what? Posting info pulled from public domains? #comeatmebro” [Boston Herald]

* 2011 didn’t bring us a white Christmas, but New Yorkers are still pissed about the Great Blizzard of 2010. The trapped A-train passengers have finally brought suit against the MTA. [New York Post]

* A former stripper is suing a police officer for allegedly stealing money from her purse. This girl fit $714 in dollar bills in a small, Coach bag? That’s actually a real accomplishment. [ABC News]

* It’s been seven hours and fifteen sixteen days, since you took your love away. Nothing compares to a Vegas wedding, because Sinead O’Connor’s marriage is already over. [Los Angeles Times]

Sorry to disappoint the snake-oil salesmen, but in this small post I will buck the trend, and debunk the fallacy of non-practicing lawyers who write books about social media for lawyers. Here, today my friends, I will tell you everything you need to know about the complicated and scary topic of: how to talk to people on the internet like a normal person.

Facebook

If you think Facebook is code for “high school,” you’re correct. But if you live in the same town you went to high school, why not connect with your loser friends who have some mid-level job? They need lawyers. Yes, as part of reconnecting with your past you’ll experience the joy of seeing that girl you wanted to date has moved to some small crap town and married Jim, who’s prematurely bald but “an awesome husband,” but so what?

Do not post every single picture you take of your kids, dogs, in-laws with your kids, kids with your dogs, the 189 pictures of your vacation, or “fake” complain about the first class service on some airline. You’re practicing law, not creating a family scrapbook.

Do not have a Facebook fan page for your law firm. No one should ever be a fan of a law firm. You are not a “rock star” and even if you were, rock stars do not ask people to be their fans. It just happens with good music. Asking people to be your “fan” may also violate your state bar ethics rules, if that kind of nuisance interests you — you know, ethics rules….

double red triangle arrows Continue reading “The Practice: The Definitive (All You Need To Know) Guide (This Is It) To Social Media For Lawyers”

Lindsay Lohan

* Professor Glenn Reynolds notes Lindsay Lohan’s swift movement through the jail system. [Instapundit]

* Professor Orin Kerr notes Professor Stephen Higginson’s swift movement onto the Fifth Circuit — in apparent violation of the rule in judicial nominations “that a circuit court nominee with Supreme-Court-level credentials will have a harder time getting confirmed than a nominee without those credentials.” [Volokh Conspiracy]

* Professor Larry Ribstein notes the growing competition between Biglaw and the in-house world. [Truth on the Market]

* If you’re having a hard time keeping track of all the lawsuits in which law firms and their partners are parties rather than counsel, check out this handy guide from Brian Baxter. [Am Law Daily]

Professor Paul Campos

* How would you like your soon-to-be-ex spouse to have your Facebook and Match.com passwords? [Not-So Private Parts / Forbes]

* Here’s an interesting profile of Professor Paul Campos, the legal academic behind the controversial Inside the Law School Scam blog. [National Law Journal]

* And here’s commentary on Karen Sloan’s NLJ piece by Professor Paul Horwitz. [PrawfsBlawg]

* Still on the subject of scamblogging, where do retired scambloggers go? Apparently they start doing podcasts about reality television. [Top Chef Refire]

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