What Mr. [Richard] Trenk did was so egregiously sloppy that I’m told his name is entering the legal lexicon: “To Trenk” means “to show a lackadaisical attitude toward the law, with catastrophic results for the client.” A usage example might be: “We were doing great until the lawyer missed the filing deadline and Trenked the whole case.”
* “Screw all these other cases, man, we’re ready for the real stuff — you know… the gay stuff.” Damn, a satirical article that perfectly captures our thoughts. Don’t worry, it’s coming today. [The Onion]
* On a more serious note, this is obviously a really big day for gay marriage at the Supreme Court. Will the justices settle the score, or leave this movement’s supporters high and dry? [Wall Street Journal]
* Big Tech has always been a proponent of gay rights, and some of the most respected brands in America are hoping same-sex marriage doesn’t get the blue screen of death from SCOTUS. [Politico]
* Everyone else loses, but Scalia always wins. He couldn’t have asked for more after Section 4 of the Voting Rights Act was struck down. So long, “racial entitlements.” [L.A. Now / Los Angeles Times]
* “No, we’re not going to do layoffs. We’d never do layoffs. Everything is just fine. Seriously, we won’t do stealth layoffs either. Promise! Believe us, pretty please,” said the managing partner of every peer Biglaw firm after the Weil winnowing. [Am Law Daily]
* Law schools are freaking out about a new American Bar Association proposal to tighten their bar passage requirements, and they’re blaming all of their alarm on diversity issues. [National Law Journal]
* This state senator wins the award for most unique filibuster attempt ever. To block new abortion regulations in Texas, Sen. Wendy Davis spoke endlessly for 11 hours straight. You go girl! [CNN]
* Pop star Chris Brown was charged in a hit-and-run, and surprisingly, Rihanna had nothing to do with it. The new charges may affect his probation, and he might even go to jail. [Arts Beat / New York Times]
We should have known that the Fisher opinion was going to be a letdown — a “great big dodge,” as my colleague Elie Mystal put it. Instead of readying herself for an historical moment, Justice Elena Kagan spent yesterday doing some window-shopping.
Where did she go, and what merchandise did she check out? Here’s an eyewitness report….
At the end of May, my colleague David Lat wondered, “Are layoffs becoming daily news in Biglaw once again?” Given recent events — in particular, the reckoning at Weil — we think it’s now fair to answer that question with a resounding yes.
Today, we’ve got news that a Biglaw shop known for its strict dress code and its fervent recruiting of Supreme Court clerks has decided to conduct a second round of layoffs, mere months after serving a slew of staffers with their walking papers…
* With a sharp focus on the Supreme Court and the legal definition of equality, only one thing’s for sure with respect to this week’s anticipated rulings: at least one group of people is probably going to get screwed. [New York Times]
* And lest we forget, thanks to our society’s near slavish obsession with social media and knowledge on demand, we’ll salivate uncontrollably as we wait for those opinions while the justices blissfully ignore new technology. [New York Times]
* The Justice Department charged NSA leaker Edward Snowden with espionage, and now he’s pursuing political asylum in Ecuador with the assistance of legal counsel representing WikiLeaks. [NBC News]
* Biglaw firms are trying to strengthen their pricing power in a post-recession world, with average rate increases of 4.8% in 2012, and hourly rates soaring in New York City. [Wall Street Journal (sub. req.)]
* There’s no solace for people who have had to pay to have their mug shot “depublished” from the internet. Sorry, the First Amendment allows people to turn a profit off your misery. [Washington Post]
* This lawsuit over unpaid internships filed against Gawker will sting any gossip girl’s heart to the core. But really, isn’t the privilege of working for Gawker enough? This fangirl thinks so. [New York Post]
* I would totally go see “Jaws 2013: Lawyers On The Beach.” [The Legal Geeks]
* Downey Brand laid off support staff this week. Man, I thought that laundry detergent was recession-proof… oh, wait, I’m being told that Downey Brand is law firm, a very well-scented law firm. [ABA Journal]
* It’s illegal to burn you ex’s clothes? Bah. Next you’re going to tell me you can’t set fire to his car. [Legal Juice]
* Manhattan District Attorney Cy Vance’s inability to prosecute his political rivals makes it harder for him to do whatever he wants by threatening his political rivals with prosecution. That’s not exactly a bad thing. [Simple Justice]
* Oh look, the FAA might finally acknowledge that making people turn off their electronic devices during takeoff and landing is a stupidrule that has absolutely no bearing whatsoever on flight safety. [Wall Street Journal]
I have to admit that I’m still a bit surprised that pop-up/pop-under advertisements still exist. The concept is so annoying and so anti-consumer that pretty much all browsers figured out ways to build in pop-up blockers many, many years ago. Every so often one gets through (almost always advertising Netflix, by the way), and I get annoyed and try to remember never to visit that site again. However, Paul Keating alerts us to the news that a company called “ExitExchange” now claims to hold a patent on pop-up ads, and has sued seven porn sites and two travel companies [Ed. note: this link is from a porn industry publication so it's "safe-ish" for work, but be warned] for using them without a license.
Here’s a bit of good news: the Supreme Court has effectively said you can’t patent genes, though in typical Supreme Court fashion, it hedged a bit. Basically, they found that merely separating out naturally occurring DNA is not patentable, but that synthetically made “complementary DNA” or (cDNA) can be patentable. This case has been going on for quite some time, involving a company called Myriad Genetics, which isolated two genes, BRCA1 and BRCA2, where mutations indicate a high likelihood of developing breast cancer. Myriad then set up a very lucrative, extremely high priced set of tests to find those mutations and argued that others testing for those genes violated its patents — because stopping breast cancer should be prohibitively expensive, apparently.
But they can do it. Some phone companies, for a fee, actually have a self-serve website where law enforcement can go in, ping your phone, and know exactly where you are. Pretty neat, huh? So anyway, the answer is, kiss it goodbye.
– Chief Judge Alex Kozinski, discussing the state of third-party privacy in the era of technological surveillance. He adds that “the great libertarian conspiracy” could soon be located “right here.”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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