* Latter-day Dan Fielding seems to have used his office to meet the ladies: alleged to have had an affair with and then impregnate a woman he prosecuted. When she raised the issue with his wife, he filed a motion to revoke her probation. This is all terrible, but the weirdest part was having to have her defense counsel in the bedroom the whole time. [Lexington Herald-Leader]
* Woman shot a guy because he didn’t ejaculate enough. The most dreaded words in that neighborhood must be, “Omar’s not comin’ yo.” [Detroit Free Press]
* What caused the child immigration crisis at the border? Turns out it was Free Slurpee Day. Who knew? [CNBC]
* Overcommunication is a virtue. Did you hear that? Overcommunication is a good thing. It really is. You should overcommunicate. It’s good. [What About Clients?]
* Judge J. Harvie Wilkinson III thinks the criminal justice system is just super. As far as innocent people going to jail, them’s the breaks. [Wrongful Convictions Blog]
* A guy’s guide to lawyerly fashion. It misses my personal pet peeve: use collar stays! Seriously, how do people not know this? [Attorney at Work]
* There were a record number of data breaches in New York last year. The problem is the persistent use of 12345 as a password. [Information Law Group]
You know, when it comes to publicity rights, that expansion of law that masturbates celebrity egos like no other, I can laugh it off when we hear from the likes of Lindsay Lohan, Katherine Heigl, and Dan Snyder. I mean, sure they’re famous and rich, but they still probably deserve that famous Hitchhiker’s Guide designation of “mostly harmless.” That their attacks on anyone who dares make even the barest reference to their holy visages typically fail usually serves as enough mental closure in my mind to keep the dogs from barking in my head at night.
Ed. note: This is the latest installment of the ATL Tech Interrogatories. This recurring feature will give notable tech leaders an opportunity to share insights and experiences about the legal technology industry.
Drew Lewis serves as eDiscovery Counsel at Recommind. His unique experiences at Recommind coupled with prior experience as a commercial litigator handling all aspects of pretrial and trial practice allows Drew to bring practical solutions to lawyers who are struggling to understand the current and future role of technology in the practice and business of law. Drew continuously fights against inefficiencies in the law and encourages lawyers to shape their own future. Drew believes that the future of the law belongs to lawyers who broaden their world view and see there is much to learn from other disciplines. His goal is to help them not just survive, but thrive as the practice continues to evolve.
1. What is the greatest technological challenge to the legal industry over the next 5 years?
* There’s a very good chance that if you go in-house, you could wind up making more money than even the wealthiest of Biglaw partners. But how much more? Take a look at the latest GC compensation survey. [Corporate Counsel]
* GM has hired outside counsel to review the way the company handles its litigation practices. Since we’re not sure which, we’ll take bets on whether this “well-respected outside law firm” is Wachtell or Jenner & Block. [WSJ Law Blog]
* A federal judge in California ruled that the state’s death penalty was unconstitutional. It seems that allowing a defendant to live with the “slight possibility of death” violates the Eighth Amendment. Damn you, appeals! [New York Times]
* “He hasn’t been charged with anything at the moment and we’ll deal with the charges when they’re filed.” Sgt. Bowe Bergdahl is currently being represented by Yale Law lecturer Eugene R. Fidell, a recognized military law expert (and husband of noted legal journalist Linda Greenhouse). [New Haven Register]
* We all know that George Clooney’s fiancée, Amal Alamuddin, has both beauty and brains. What we didn’t know is that she poses for incredibly embarrassing pictures, just like the rest of us. [Us Weekly]
* After losing before the Supreme Court, the University of Texas affirmative action admissions program looked to be in serious trouble. But the Fifth Circuit just ruled that the UT policy met the strict-scrutiny analysis mandated by the Court. The lesson for Abigail Fisher is once more, “How about you get better grades instead of whining?” Or at least “Get politically connected.” [Chronicle of Higher Education]
* Apple agrees to a conditional $450 million settlement with the NYAG’s office in the e-book suit. So you might get some money back from the 50 Shades of Grey purchase. [Reuters]
* The Manassas city police have decided not to engage in kiddie porn pursuant to a warrant. Good for them. [Washington Post]
* “Judges are not deities. They are humans.” Let’s not tell Lat, the shock might kill him. [Katz Justice]
* The hell? Parents arrested for letting their 9-year-old go to the park alone? Suffocating parenting is bad enough without the government expecting it of parents. [Slate]
* CPAs are suing the IRS because the regulation of tax preparers lacks Congressional approval. Because we need more folks off the street claiming to be tax preparers. [TaxProf Blog]
* Lawyer and former South Carolina GOP executive director Todd Kincannon is under investigation by the South Carolina Office of Disciplinary Counsel for basically being a dick on Twitter. As Ken White notes, the First Amendment is all about giving guys like this a forum. [Slate]
My first reaction when I heard of the Facebook mood study (PDF) was that it’s totally unethical and it’s going to set Facebook back a ways. I couldn’t figure out why Facebook couldn’t see it that way and wasn’t responding accordingly.
In a nutshell, the study, which was published in the Proceedings of the National Academy of Sciences and conducted by Facebook researcher Adam Kramer, Jeffrey Hancock of Cornell University, and Jamie Guillory of the University of California at San Francisco, revealed that Facebook had manipulated it’s Newsfeed in order to gauge how users’ moods and subsequent posts were affected.
After realizing that advertisers and marketers test our moods in response to color, sounds, pictures, and more each and every day — and that it’s been common practice for decades — I see Facebook as no better nor worse…
About two years ago, I signed up for Office 365, mainly to host my email. My $8.00 a month plan came with a bunch of things that I didn’t really think were that useful, but put it on my to-do list to look into them later.
One of those things was SharePoint. I had heard a lot about SharePoint, but could not figure out what it was. I knew a lot of the bigger law firms and Fortune 500 companies used it. The Lynda.com explanation only made me more confused – it’s not a program, it’s a whole experience and you can’t understand what SharePoint is until you experience it yourself.
I have spent a considerable amount of time trying to figure out what SharePoint is, and I am about to spoil the journey for all of you….
Ed note: The Telecom Law Monitor is part of the LexBlog Network (LXBN). LXBN is the world’s largest network of professional blogs. With more than 8,000 authors, LXBN is the only media source featuring the latest lawyer-generated commentary on news and issues from around the globe.
The Senate is one step closer to a floor vote on cybersecurity legislation that would address information sharing between the private sector and the government. On July 8, the Senate Select Committee on Intelligence approved a contentious cybersecurity bill known as the Cyber Information Sharing Act (CISA).
The proposed legislation would remove legal barriers to allow private companies to share information regarding cyber-attacks “in real time” with other private companies and the government. Companies sharing information for cybersecurity purposes would be shielded from lawsuits by individuals against the company for sharing that data, regardless of terms of service contracts that may prevent such actions without a customer’s consent. In order to receive the liability protection, private entities would be required to submit information directly to the Department of Homeland Security, which could then share the information with other federal agencies as necessary to address the threat. Additionally, CISA would direct the federal government to share classified and unclassified information with the private sector.
CISA also includes several provisions to protect privacy, such as requiring that companies sharing information remove all personally identifiable data (e.g. names, addresses, and Social Security numbers). The Attorney General would be directed to write procedures to limit government use of cyber information received to “appropriate cyber purposes” and ensure that privacy protections are in place. A full synopsis from the Senate Committee Chair and co-sponsor of CISA, Dianne Feinstein (D-CA), is available here.
Adequate privacy protections have been a continuing sticking point for successful cybersecurity information sharing legislation. The Cyber Intelligence Sharing and Protection Act (CISPA) – the information sharing bill counterpart in the House of Representatives – faced strong privacy objections from civil liberties and public interest groups. When CISPA passed the House in 2013, the White House threated to veto the bill unless it included additional privacy protections.
Even with CISA’s added protections, many privacy groups oppose the bill. Similar to CISPA, these groups remain anxious that the legislation could encourage a company, such as Google, to turn over huge amounts of emails or other private data to the government in the name of cybersecurity. The groups fear that the National Security Agency and other government agencies could gain access to even more personal information through this legislation. Moreover, because CISA provides liability protections to companies sharing information, individuals would have little recourse in the event of abuse.
Whether CISA becomes law in 2014 will depend not only on how quickly it can pass a floor vote but also how easily the Senate bill can be reconciled with CISPA, the House counterpart passed last year. Though CISA passed the Senate committee with bi-partisan support, Senate Democrats are already wavering on support due to concerns of insufficient privacy protections. If CISA manages to pass the Senate, there is a chance the House and Senate can agree to a reconciled bill. Representative Mike Rogers (R., Mich.), chairman of the House Intelligence Committee and co-sponsor of CISPA, stated publicly that the committees were close to agreement on harmonizing their respective cyber threat information-sharing bills, and had narrowed down their difference to a few, discrete issues. However, with less than 15 legislative days before the August recess and all eyes focused on the upcoming mid-term elections in November, if this cybersecurity legislation has any hope of moving forward Congress will need to do something it rarely does: act quickly.
People are always talking about work/life balance at large law firms as if such a thing truly exists. For some associates, it does. They can go out and have a baby, “have a baby,” and do whatever it is they so please in their limited free time. For others, it’s a completely different story. They’re the first ones at the office and the last ones to leave. When they do go home, it’s to look at their family in passing or check their OKCupid accounts with a sigh, sleep for a few hours, take a shower, and put on a different suit. These associates have no lives, and it’s all thanks to their work.
Now, perhaps for the benefit of associates without lives, in the interest of work/life balance, this Biglaw firm is making it possible for its associates and counsel to do even more work than they already do…
Over the years we’ve written a few times about lawyers trying to sue Westlaw, LexisNexis and Thomson Reuters for aggregating public court legal filings, and then reselling them. As we’ve noted in the past, rulings by the court (or filings by the government) are in the public domain, but filings by lawyers representing other parties likely have some level of copyright protection over them. However, there is an exceptionally strong fair use claim to being able to make use of such public filings. Earlier lawsuits, such as ones we wrote about in 2009 and 2010 appeared to fizzle out, but the one we wrote about in 2012 actually went to a federal court in New York. A little over a year ago, we wrote about how the case was easily dismissed on summary judgment, with a promise to issue a full ruling at a later date.
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 seven years. You can reach them by email: firstname.lastname@example.org.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at email@example.com or firstname.lastname@example.org. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
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Do not miss this crucial chance to optimize your accounting practices. Save time and get back to billing!