Technology

Zhang Ziyi

* I don’t fully understand this story, but it involves the beautiful and deadly Zhang Ziyi and a SLAPP suit. [Techdirt]

* I’m interested in who Andrew Cuomo appoints to the New York Court of Appeals, just because I’m interested in how Cuomo picks judges. You know, just because 2016-2020 could be an interesting time when it comes to shifting the balance of power on the Supreme Court. [WiseLaw NY]

* A Holland & Knight partner is leaving to start teaching an “Indigent Defense” class at Georgetown. I’m not sure who is teaching the companion class: “Blood From A Rock: How To Get Fees Out Of Indigent Clients.” [Legal Blog Watch]

* I swear I was absent the day they explained that the NRA is the fifth branch of government in civics class. [PrawfsBlawg]

* Mmm… negative liberty. [Josh Blackman's Blog]

* This seems like a good time to say that I watch This Week with George Stephanopoulos instead of Meet the Press. But I really think that DCPD has better things to do than investigate David Gregory’s ammo clip prop. [Slate]

* Another year, another round-up of the year’s legal highlights from the National Law Journal. Perhaps after a year that was wracked with destruction for this supposedly noble profession, we’ll actually see some substantial change in 2013. [National Law Journal]

* Meanwhile in Iowa, failure to sleep with your horndog boss is “like having a Lamborghini in the garage and never driving it,” so if he’s irresistibly attracted to your exotic lady parts car, you better be ready, willing, and able to find yourself a new job. [Washington Post]

* People were so pissed off about Instagram’s new terms of service that someone filed a class action suit. The app’s litigation filter must make exasperated attorneys and wasted dollars look shiny and happy. [Reuters]

* “It is not the perfect path to wealth and success that people may have envisioned.” As we’ve been stating here at Above the Law for years, being a lawyer is no longer the golden ticket that it once was. [Bloomberg]

* ASU Law will now offer a North American Law Degree that’ll prepare graduates to practice in the U.S. and Canada. Yes, ship your jobless grads north where there’s an articling crisis, great idea! [Associated Press]

* Still thinking about applying to law school? That’s a funny joke. But if you’re interested in being a punchline in three years, follow this application season timeline. [Law Admissions Lowdown / U.S. News & World Report]

* Jack Klugman, noted actor whose roles included that of Juror #5 in Twelve Angry Men, RIP. [New York Times]

* Richard Adams, a plaintiff in the first suit seeking federal recognition of gay marriage, RIP. [New York Times]

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….


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?

double red triangle arrows Continue reading “SEC’s Netflix Probe Is No Blockbuster”

There is a notion (held mostly by the unemployed and unhappy people in the comments section) that I may be the only person writing about the possibility that the internet and those that “sell” the internet to lawyers, as well as this notion of “branding” and spending your day reading self-fulfilling predictions on “the future of law” from the losers of our profession is, well, maybe not the be-all and end-all in the practice of law.

Sometimes I think maybe I’m wrong (no I don’t). Maybe the goal of all lawyers should be to be first on Google, maybe these LinkedIn endorsements will result in something, anything. Maybe I do need to pay some 28-year-old former fired lawyer to teach me how to use the internet. Maybe I’m not using Facebook in a way that will get high-net-worth clients calling my office every day. Maybe instead of building a practice by doing well for clients, I need to be a brand like Coca-Cola or Amazon.com.

There’s a reason all these future-of-law people have an effect on lawyers: lawyers want to make money. Lawyers want to believe. We want to continue to hope that what we convinced ourselves of is true — that a law degree is a ticket to wealth and fame. If it’s not happening for us, we will seek out those that say we’re doing it wrong, and for a fee, they can make everything peachy….

double red triangle arrows Continue reading “The Practice: The Future of Law Is Officially a Joke”

Back in July, we brought our readers a story about an Illinois judge who had allegedly been using his courthouse computer to view hardcore pornography while in chambers. Most would’ve lodged an objection to the judge’s alleged behavior, because after all, he could’ve waited until he got home to sate his supposed desire for untoward viewing pleasures, just like everyone else.

After the inception of a judicial ethics inquiry, some of the porn sites the judge visited were revealed by a Chicago-area newspaper (and based on his pervy predilections, it seems the good jurist is a chubby chaser). But alas, the only thing the judge is chasing now are his hopes of keeping himself on the bench.

Late last week, the alleged porn procurer found himself before the Illinois Courts Commission (ICC) to defend his honor and his livelihood. During the hearing, the judge confessed to many of his sins, and revealed the reason why he couldn’t wait until he was within the comforts of his own home to visit his favorite XXX sites….

double red triangle arrows Continue reading “A Former Judge of the Day Admits He’s Been ‘Addicted to Porn’ Since Childhood”

Shakira, Shakira!

* When it comes to the art of law firm valuation, you may be surprised when you find out which Biglaw firm is worth the most. Here are a few hints: it’s not Baker & McKenzie, and it’s not DLA Piper or Skadden, either. [American Lawyer]

* Remember back in July when this Judge of the Day was busy clicking on hardcore porn sites while in chambers? As it turns out, now he’s busy crying in court while battling to keep his judicial career intact. [Chicago Sun-Times]

* Evening students are capable of doing more than ruining your class rank. Jacob Lew, once a night student at Georgetown Law, is now the White House chief of staff assisting with fiscal cliff negotiations. [New York Times]

* For now, the only thing that’s keeping Florida from gaining another law school is a lack of square footage in the real estate rodeo. But that’s probably a good thing, because adding a twelfth law school would be more than a little ridiculous. [Daytona Beach News-Journal]

* Samsung’s trying to get out of paying $1.05B to Apple, and their lawyers are trying to pin knowledge of the jury foreman’s misrepresentations on their technological nemesis to get the verdict thrown out. [Bloomberg]

* Shakira’s hips don’t lie, but her contracts allegedly do. The sexy singer’s ex-business partner (who’s also her ex-boyfriend) is suing her for $100M to “recover his share of past and future partnership profits.” [Billboard]

* Just in case you haven’t seen enough responses to the Case Western Law dean’s New York Times op-ed, here are some more. (Plus, with this, you’re getting the additional bonus of an incredibly sad letter from a young lawyer.) [Associate's Mind]

* Oh mon dieu! Dominique Strauss-Kahn’s legal team is now denying that that there was ever a settlement in the hotel maid’s sexual assault suit civil suit, and especially not a $6M settlement — because that’s apparently “flatly false.” [Slate]

* You’ve probably led a sad and lonely existence if you’re laying on your death bed and worrying about who will inherit your iTunes library. Don’t worry, they’re headed to a “legal black hole,” anyway. [Legal Blog Watch]

* The Supreme Court might be taking the phrase “don’t judge gay people” a little too literally. [WSJ Law Blog]

* And in other news, some teenagers are so obsessed with their tech gadgets, like cellphones, that they’d allegedly be willing to kill their family and pry the damn thing from their cold dead hands. [Legal Juice]

* Please remember to vote for your favorite law blog (coughcough Above the Law coughcough) in the Blawg 100 in the News/Analysis category, and all the rest of the sites you read in other categories, too! [ABA Journal]

* After the jump, Bloomberg Law’s Lee Pacchia speaks with law firm consultant Tim Corcoran of the Corcoran Consulting Group about the future of rainmaking and business development in Biglaw….

double red triangle arrows Continue reading “Non-Sequiturs: 11.30.12″

By now, we’re sure you’ve seen the ridiculous copyright notices that have been popping up on Facebook status updates left and right — and if you haven’t, then perhaps your friends are simply more intelligent than the masses who’ve been fooled into believing they can override the social media giant’s terms of use.

We’ll put this simply to avoid further confusion: stringing together nonsensical bits of pseudo-legalese cannot save you from succumbing to the rules and regulations of the Facebook gods. On the other hand, stringing together nonsensical bits of pseudo-legalese is sometimes what law blogging is all about, so we’ll help our readers debunk the myths of privacy and intellectual property rights on Facebook.

Aww, you thought Facebook couldn’t use all the things you posted on the site because of your privacy settings? Well, isn’t that just precious….

double red triangle arrows Continue reading “Facebook Laughs as Peon Users Attempt to Reclaim Their Privacy and Copyright Interests”

FIRST! Assistant United States Attorney.

First amongst weird creation myths is that of the Mbombo god, who is said to have vomited up pretty much all of our world. Similarly, the story of how this website has been… thrown up is worthy of retelling. At its essence, it goes like this: A boy blogs about very sober legal issues in an incredibly earnest way and then the governor of New Jersey tells him to start Above the Law, The End. I may have missed some crucial details and got others flat-out wrong, but I think the kernel of truth is still in there somewhere.

At any rate, that boy was working for the United States Attorney’s office in Newark at the time. Doing anything on the internet, even if it was super-serious and incredibly sincere, could be considered controversial because of the position. The lawyers tasked with working in such a high-profile prosecutorial role must be seen as impartial, lest the cases they take on get tainted by their online presence.

Which is what makes it all the more surprising that history is repeating itself down in New Orleans, where two assistant United States attorneys have become embroiled in scandal after being caught commenting on not just the law in general (like our own dear leader), but the specific cases that came through their office.

It’s almost as if the New Orleans U.S. Attorney’s office is trying to outdo David Lat in some way. Which, I mean, trick please…

double red triangle arrows Continue reading “When Anonymous Commenting Goes Wronger”

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