From: [email protected]
Date: Thu, Sep 5, 2013 at 08:25 PM
Subject: I don’t see the sports law thing…
To: “AbovetheLaw Tips”
…coming tonight. On top of the first game of the season, this is a dead *$#*ing week for sports law stuff. More concussion news? Who gives a ****? I don’t. I wrote everything I’m gonna write about that crap last week. I realize you may not view my cri de coeur re: Abraham Lincoln stone genitals as the end-all-be-all on the concussion crisis, but I don’t curr. Concussion crisis? I swear I just used that formulation because it’s alliterative. Concussion crisis crab cake concubine. Christ, I’m sorry. You know I go long with these emails….
* Fine Print as “Surrealist Masterpiece.” Because sometimes you need legal analysis involving Foucault. [Concurring Opinions]
* Speaking of fine print, the story behind an attack ad in Virginia is all about fine print. Virginia AG Ken Cuccinelli is running an attack ad against Terry McAuliffe connecting him to the collapse of Global Crossing. The problem is the former Global Crossing workers in the ad thought they were talking to a documentary film crew about the company, not making an ad attacking McAuliffe. Should have read that waiver form more closely! [Mother Jones]
* JPMorgan Chase is dropping out of the student loan business. Must be getting too difficult to package likely defaults into some kind of billion-dollar derivative these days. [American Banker]
* A New York attorney candidly tells the world that dealing with his kids “is not my problem” because he has a long-suffering wife for that job. See conservatives, gay marriage hasn’t destroyed all the traditional families. [Dealbreaker]
* More analysis on the legality of intervention in Syria under international law. Welcome to the art of writing listicles, Lawfare! [Lawfare]
* A Q&A with Ignatius Grande of Hughes Hubbard & Reed on the importance of Twitter for clients and law firms. Intriguingly, Hughes Hubbard doesn’t have an active Twitter account. What gives? [Commercial Litigation Insider]
Back in 2010, Leicester Bryce Stovell, a D.C.-based lawyer, filed a pro se lawsuit against LeBron James claiming he was the star athlete’s father — and that he had the genetic material to prove it. As it turns out, the paternity test came back negative, but that didn’t stop Stovell from further alleging that he had been defamed when LeBron was quoted as saying that he “want[ed] to be a better father than [his] was.” The King’s lawyers from Squire Sanders argued that Stovell was simply delusional, and the case got bounced out of court.
You’d think that Stovell would’ve taken his ball and gone home, but earlier this spring, he returned to court to file additional defamation charges against his fantastical son for making statements about his father (i.e., anyone but Leicester Bryce Stovell) in a Sports Illustrated interview.
On Labor Day, a federal judge — the same one who originally came to the conclusion that Stovell wasn’t the father — took Stovell to task for his lacking lawyering skills…
Labor Day weekend is behind us, so that means most of you have had your fantasy football drafts. I’ve run a completely different auction strategy this year, since last year in two ATL leagues I finished 6 – 7, and 4 -9 respectively, then had to buy trophies for the winners. Staci finished 3 – 10 though… so, I beat a girl, because I’m a big strong man who likes football.
In any event, sometimes ATL columunist Marc Edelman (8 – 5 last year, 1 – 1 against me), wrote an interesting piece on Forbes about whether or not playing fantasy football for money is illegal. Any illegality would be utterly unenforceable, of course. And most people play Fantasy Football for pride and trophies bought by under-performing editors with their own money. But still, it’s an interesting question if our overbearing police state claims authority over whether or not grown adults wager their private funds against their abilities to fake-own professional football players…
* The NFL has reached a $765 million settlement with the over 4,500 retired concussion victims whose injuries paved the way for the league’s success. [Sports Illustrated]
* Dennis Rodman confidante Kim Jong-un had his ex-girlfriend executed on pornography charges. Kind of puts the whole “revenge porn” thing in perspective. [The Telegraph]
* A lawsuit against Curt Schilling, based on allegations that he deceived the state into giving his company $75 million, will go forward. Like most conservative Republicans, Schilling saw no problem with taking millions in handouts from the government so long as poor people don’t get $4.50 a day for food. [Comcast SportsNet]
* Judge Mark Bennett (N.D. Iowa) ripped the Department of Justice for creating massive drug sentencing disparities because the DOJ went years without a policy for when prosecutors should double the prison time for repeat offenders. In Northern Iowa, that’s a LOT of meth heads in prison. [Des Moines Register]
* Attorneys for the Governor of Pennsylvania equate gay marriage to letting 12-year-olds marry. Just because a demographic calls everything “gay” doesn’t make them gay. [ABA Journal]
* Study shows academics use lots of adjectives and adverbs. This is really a very terrific and awesome study. [TaxProf Blog]
* REMINDER: OK NYU, Columbia, Fordham, Cardozo, and NYLS students! It’s time to send nominations to us for where you want us to go on the Great Above the Law/Kaplan Bar Review Bar Crawl. Send bar nominations to [email protected], subject: “Bar Crawl.” See you on September 18th! [Above the Law]
To pass the time while commuting, I like to listen to podcasts. If ATL had a podcast I would add that to my listening rotation (especially if Lat is able to pull in sitting judges to guest host or as interview subjects). But this is not a column about podcasts. Though the idea for this contest came from a podcast I was listening to, the B.S. Report with Bill Simmons. The host was interviewing a former ESPN colleague, and they were discussing how certain statistics in baseball are misleading.
An example? Wins for pitchers. Apparently there is a movement to abolish that statistic. Why? Because a pitcher can pitch a terrible game, and still come away with the win, assuming his lineup bails him out. Conversely, a pitcher can pitch a beautiful game, and lose just because his hitters decide to approach their at-bats like the pudgy partner from bankruptcy at the annual intra-firm softball game. To prove the limited utility of using wins as a proxy for determining who is the best pitcher, consider the following. By nearly all accounts, Clayton Kershaw of the L.A. Dodgers is the single most dominant pitcher in baseball today. Unsurprisingly, he is reportedly in line for the richest (around $30 million a year or so) contract extension for a pitcher — ever. But he has fewer wins this season (so far) than Bartolo Colon, a 40-year-old journeyman pitcher (on his sixth team, and nearly a decade removed from his last All-Star game appearance), who is making non-equity service partner money ($3 million) by baseball standards. Wins simply do not tell the whole story.
Biglaw has its share of statistical shortcomings….
A brief tangent. I was shocked and appalled to find out that I wasn’t asked my thoughts about being no-offered by your summer firm. As, perhaps, the only ATL writer who found himself in such a situation, I thought my insights would be particularly valuable. Instead of cobbling together that fake-as-hell gchat (“I think that is a fine point, sir. As I cogitate on this question, allow me to interject a brief few words in support of the fair maiden whose plight we now consider.”), they could have asked me: straight up, what did you do when Baker & McKenzie no-offered you?
Excellent question, Lat. I let a single teardrop roll down my cheek like I was Denzel in Glory. Then I picked myself up, slapped my dog in the face and did, like, 16,000 biceps curls. I determined that I wasn’t going to let some dumb dumb law firm dictate my life’s trajectory. I was going to be a huge success, someday reaching upwards of two dozen people as a writer for the Internet’s preeminent website for law firm bonuses and women’s shoes. I was also not going to let Baker’s decision get in the way of my life’s dream to one day work at a terrible office filled with half-wit lunatics who either don’t know I’m a lawyer or don’t care. To quote Matthew Wilder, I decided that no law firm gonna break-a my stride, nobody’s gonna slow me down. Oh no. I’ve got to keep on moving!
I also considered taking a huge dump outside Baker’s offices.
* A chat with Chief Judge Alex Kozinski. Kozinski is the only interviewee who can talk about political oppression and reserve the real shock and horror for jury verdicts. [Concurring Opinions]
* On a serious note, a summer intern at Bank of America has died after pulling three all-nighters. Biglaw reminds associates that the lesson here is to get your work done faster. [Gawker via Instapundit]
* LeBron James thinks he’s actually above the law. What’s more despicable? Using celebrity to ruin everyone else’s commute so you can watch a concert or being part of the Heat? [Grantland]
* Case Western Reserve is changing its legal curriculum out of desperation an effort to revolutionize law school. [Cleveland Plain-Dealer]
* Women’s magazines make a ton of demoralizing helpful promises. What if lawyers inserted themselves into the editorial process? [The Tangential]
* Whitey Bulger was convicted on 31 of the 32 counts he faced. [NBC News]
* Eric Holder announced that the federal government will stop charging certain drug offenders with crimes that carry draconian mandatory minimum sentences. Apparently, he just now realized the prison system is riddled with non-violent offenders. The last horses are finally crossing the finish line, folks! [Washington Post]
* Johnny Manziel has hired counsel for his upcoming NCAA probe. Surprise, surprise, it’s Champ Kind from Anchorman. [Jim Darnell]
* As a follow-up, the lawyer who filed suit against his ex-wife for bad mothering is facing ethics charges in an unrelated matter where he wrote a will giving his own kids 40 percent of his client’s estate. It take something special to try and slip that one past the goalie. [ABA Journal]
* The former escort behind the nom de plume Belle de Jour, whose exploits gave rise to a TV show, is being sued for defamation by an old boyfriend who claims her sexploits are a lie. If you can’t trust a detailed diary of sexual experiences, what can you trust? [Jezebel]
* Here are the top energy law priorities facing Congress after they return from summer recess. Repealing Obamacare, Congress’s only priority, is not an energy policy. [Breaking Energy]
* For IP attorney LOLZ, here’s a fun Tumblr. [IP Attorney]
* A law student at Wisconsin has developed a system that allows easy stalking of someone’s smartphone. While this makes him sound like a jerk, his intention is to prove how unacceptable this lack of privacy really is. It’s not stalking if it’s proving a point! [Ars Technica]
* The Sixth Circuit thinks the emergency manager law in Michigan may violate the state’s constitution. This could throw the whole Detroit bankruptcy into doubt. There’s a lot of talk about how this could help city pensioners, but let’s focus on the victims it could cause — what would happen to Jones Day’s billings? [Constitutional Law Prof Blog]
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
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:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.