It’s been well documented in these pages that male lawyers in Texas are a little rough around the edges, and many of them seem virtually incapable of getting along with their female counterparts. To that end, some of them have threatened to enlarge opposing counsels’ assholes, and others have used terms of endearment like “c*nt,” “flat-chested bitch,” and “dumb sh*t” when referring to women colleagues.
With that as a backdrop, it’s no wonder that even more colorful allegations are coming out as a result of a small-firm breakup in Texas. Sure, the defendant in this case may have allegedly “emptied” the firm’s bank account before she left for her new firm, but perhaps she had a good reason to do so.
You’d probably want to take the money and run too if your partner was allegedly sexually harassing female employees and “requesting sex for favorable treatment” within the firm….
Why did we expect fireworks from discovery? Because of the lurid nature of Marchuk’s allegations, including severe sexual harassment and (effectively) sexual assault, and because of the Faruqi firm’s aggressive response, which included suing Marchuk for defamation and claiming that it was Marchuk who was obsessed with Monteverde.
But it wasn’t just another “he said, she said” type of situation. Both sides claimed that third-party witnesses and contemporaneous documents would corroborate their respective and conflicting accounts.
Discovery is now underway in the case. Witnesses have been deposed, and documents have been produced. What kind of portrait do they paint?
Should the parties choose to string this case out to trial on the merits, the Court encourages reasonable discovery intercourse as they navigate the peaks and valleys of litigation, perhaps to reach a happy ending.
– Chief Judge Fred Biery of the Western District of Texas, denying a preliminary injunction sought by strip club owners in San Antonio who are challenging city regulations that would require bikini tops instead of pasties to avoid stringent licensing requirements.
(The Chief Judge produced over seven pages of genius double entendre. Check out the full opinion, which he entitled “THE CASE OF THE ITSY BITSY TEENY WEENY BIKINI TOP V. THE (MORE) ITSY BITSY TEENY WEENY PASTIE,” after the jump….)
* For any Catholics hitting up PaddyPower to lay down money on the conclave, you’ve probably had some restless nights wondering if Pope Gregory XIV’s edict per the Ius Decretalium still applies. It doesn’t. That’s a load off. [Canon Law Blog]
* A number of strip clubs are challenging San Antonio’s new regulations. One key to their argument: “the presentation of expressive dance performances is a beneficial social activity which creates an improved self image for the dancer….” Yeah, good luck with that argument. [KEGL]
* If you’re looking for emotional distress damages, maybe lay off the “I’m just embarrassed to be seen with him now” arguments. [Lowering the Bar]
* To challenge the law letting the government tap your communications in secret, you need to have full knowledge that the secret recording is happening. Thanks Joseph Heller. [Volokh Conspiracy]
* The new Copyright Alert System goes into effect, allowing copyright holders to make your service provider slow your Internet to a crawl if you’re identified as a repeat violator. I don’t see what the big deal is, but then again, I’m still using a Prodigy account. [Gawker]
* MC Hammer is softening, but still a tad miffed after police booked him for an expired registration after he told them, “U Can’t Touch This.” [Los Angeles Times]
* Are you kidding? University of North Carolina’s “Honor Court” is threatening to expel a student for “intimidating” her attacker by discussing that she was raped — without identifying her attacker. This is why North Carolina can’t have nice things. [Feministing]
Here is an excerpt from Manhertz v. State, handed down on October 9 by the Georgia Court of Appeals:
Specifically, Joyner explained that she met a dancer at a strip club, who went by the stage name Paradise. After a brief conversation, Paradise asked Joyner how she was employed, and Joyner informed her that she worked as an assistant manager at an apartment complex. Paradise responded by informing Joyner that she had a friend named Kane, who would pay $1,000 for tenants’ names, social-security numbers, driver’s-license numbers, and copies of signed checks. Joyner agreed to do so and later provided Paradise with the requested information. However, Joyner asserted that she was never paid any money. And although Joyner claimed that she went back to the strip club on one or two occasions in an attempt to collect the promised payment, she was unable to find Paradise — no doubt finding little comfort in the axiom that “solitude sometimes is best society.” [FN2]
* In light of Chief Justice Roberts’s historic vote to uphold Obamacare, should we expect JGR to be more liberal going forward? According to Jeffrey Toobin, author of The Oath (affiliate link), “Do not expect a new John Roberts. Expect the conservative he has always been.” [Talking Points Memo via How Appealing]
* “[A]ny robot or high school graduate can calculate numbers in a matrix to arrive at the highest possible sentence. But it takes a Judge — a man or woman tempered by experience in life and law — to properly judge another human being’s transgressions.” [Justice Building Blog]
* Rick Perry’s motion for a temporary restraining order over the printing of Virginia’s primary ballots without his name on them has been denied. Damn all of those unelected, activist judges! [Bloomberg]
* Jed Rakoff isn’t the only one with cojones big enough to challenge the SEC. Wisconsin Judge Rudolph Randa fell right in line, and cited the controversial Citigroup case as precedent. [New York Times]
* Looking for ways to lower your law firm’s operating expenses in 2012? Here are some suggestions for Biglaw firms. At least they deal with technology, not layoffs. [Law.com]
* Long, hard litigation: a Los Angeles city attorney would like to pull out of a ballot measure that requires porn stars to wear condoms while filming before people start suing. [Los Angeles Times]
* Do you want to think about babies when you’re being served at a strip club? Didn’t think so. This pregnant waitress is suing over being demoted, and then fired by the Hustler Club. [Gothamist]
* Grumpiest old man: at almost 100, an Italian man is set to become the world’s oldest divorcé. Hope he had a prenup (even though they probably didn’t exist back then). [Herald Sun]
* Pizza, beer, and hot chicks: what’s the problem? A lawsuit over the “hot chicks.” A former bartender says he was replaced in favor of hotties, and now he wants justice (and money). [11 Alive News]
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
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 JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: