So yesterday I was flipping between Fox and MSNBC as they continued their battle to see who could be the first to report that the other one was wrong. During the “they made an arrest in the Boston Marathon bombings… oh no they didn’t” kerfuffle, I got sucked into the Megyn Kelly program which devolved into a discussion on whether or not the ALLEGED suspect should be Mirandized when he is caught, or “sent right down to Guantanamo.”
It occurred to me that there are whole throngs of humans out there, Americans, who honestly believe that reading somebody his rights or making sure a suspect has access to a lawyer is deleterious to justice, as opposed to being one of ways we ensure justice is done.
I trust there aren’t any real lawyers out there who believe that rights hurts the administration of justice as if life is one big freaking episode of The Closer….
As you have probably heard by now, multiple explosions just went off near the finish line of the Boston Marathon. The situation remains in flux, but early reports from the Boston police claim that at least two people have been killed and 23 people have been injured. You can follow the latest news about this tragedy at Boston.com, Fox 25, the New York Times’s Lede blog, and social media.
The Boston Marathon is one of the greatest events in American running and, for that matter, all of American sports. Lawyers and law students have performed very well in it over the years, as we noted back in 2007.
Please keep the Boston marathon victims in your thoughts and prayers.
UPDATE (8:00 p.m.): At least 100 people have been injured, according to Boston.com.
It’s a classic story: you run a major produce company and you look at your books and realize, “Oops, I’ve accidentally funneled millions of dollars to terrorist groups.” And then those groups commit some of the “terrorist acts” that form their wheelhouse and their victims and their families look to your company for recompense.
I mean, that would be bananas. B-A-N-A-N-A-S.
What can you do?
According to an Ohio appellate court, you can’t ask your insurance carrier to bail you out….
‘They tried to make me go to rehab, and I said… sure, it’s better than going to jail!’
* President Obama nominated Thomas Perez, the head of the DOJ’s Civil Rights Division, to be the next secretary of labor. Republicans, of course, are all butthurtt, calling this a “needlessly divisive nomination.” [New York Times]
* Let’s get ready to RUMBLE! Be prepared to see some legal heavyweights next week when the Prop 8 and DOMA cases are argued before the Supreme Court, including Paul Clement and Ted Olson. [National Law Journal]
* How appropriate that Justice Scalia should break out the Spanglish for an Arizona voter registration law that requires proof of U.S. citizenship. Our beloved Wise Latina probably wasn’t too thrilled by this. [New York Times]
* To promote pay equity in law firms, the ABA is encouraging bar groups to hold conferences on the topic. The question on everyone’s minds, of course, is whether those conferences are billable. [Thomson Reuters News & Insight]
* Law schools aren’t the only places where transparency is lacking. Jeh Johnson, the DOD’s former general counsel, thinks the secrecy swirling around drone strikes is bad for the government. [At War / New York Times]
* The members of Debevoise’s displaced trusts and estates practice team have been picked up by Loeb & Loeb. Enjoy your new home, and your new — presumably lower — compensation package. [Am Law Daily]
* Lindsay Lohan took a plea deal yesterday, and instead of going to jail, she’ll be going to rehab to be kept under lock and key for 90 days. I’d say this is bad for her career, but who are we kidding? [Los Angeles Times]
* Casey Anthony’s trustee just answered my prayers. He wants the ex-MILF to sell her story to pay off her debts. I demand that LiLo be cast in the role! She’s the only one broken enough to pull it off. [Washington Post]
‘What, no power rings for the Law School Avengers?’
* In case you didn’t catch this yesterday when it was announced, Osama bin Laden’s son-in-law, Sulaiman Abu Ghaith, is currently being held for trial in New York City. This will be the most unbiased jury in the world. /sarcasm [New York Times]
* According to Justice Anthony Kennedy, democracies shouldn’t depend “on what nine unelected people from a narrow legal background have to say.” Well then! I suppose we should look forward to the uprising. [The Big Story / Associated Press]
* Cooley and Winston & Strawn are working on the $600 million sale of everyone’s favorite store for slutty Halloween costumes, Hot Topic. Apparently that store still exists. I had no idea. Good to know! [Am Law Daily]
* Proskauer Rose is now the most powerful Biglaw firm in the sports world. It just goes to show that even if you’re too awkward to play ball, it doesn’t mean you can’t hit it out of the park in court. [Sports Illustrated]
* “I would love to blink and wake up in 10 years and see where all this ends.” Unemployed law grads are probably saying the same thing, but hopefully these law school law firms will be beneficial. [New York Times]
* A group of legal heavy hitters — “The Coalition of Concerned Colleagues” — submitted a cutting letter to the Task ABA Force on Legal Education. Next time, try “The Law School Avengers.” [WSJ Law Blog (sub. req.)]
* If it’s proven that enough Native Americans find the Redskins team name offensive, the Trademark Trial and Appeal Board may cancel the mark. Would it be offensive to call the TTAB Indian givers? [National Law Journal]
* An apple a day may keep the doctor away, but benchslaps are another thing entirely. Sorry, Gibson Dunn, but your document production “mistake” was “unacceptable” in Judge Paul Grewal’s courtroom. [Bloomberg]
Feel free to put this back in your carry-on luggage.
It’s been a while since we’ve written about the anti-rights disaster that is the Transportation Security Administration. But they’re still there, still abusing people’s rights under the guise of “making us safer.”
Ironically, I’m writing about TSA today because they are relaxing their restrictions. The TSA has decided to allow small knives and golf clubs on the plane.
So, for those playing along at home, you still can’t have liquids over three ounces on the plane. But knives, you know, THE THINGS THAT THE TERRORISTS ACTUALLY USED TO TAKE OVER THE PLANES ON 9/11, are okay now….
* “Given health care, I don’t care if he speaks in tongues.” Chief Justice John Roberts botched Barack Obama’s presidential oath at his first inauguration, but this time he managed to get it right. [New York Times]
* What was more important to Justice Sonia Sotomayor than swearing in Joe Biden as VP at noon on Sunday? Signing books at Barnes & Noble in New York City. Not-so wise Latina. [Los Angeles Times]
* D.C. Biglaw firms — like Holland & Knight, Covington, K&L Gates, and Jones Day — allowed others to bask in their prestige at their swanky inauguration parties. [Capital Business / Washington Post]
* It’s been 40 years since SCOTUS made its ruling in Roe v. Wade, and this is what we’ve got to show for it: a deep moral divide over women being able to do what they want with their own bodies. [Huffington Post]
* The latest weapon in the fight against terrorism is the legal system. The Second Circuit recently issued a major blow to those seeking to finance militant attacks in secret. [Thomson Reuters News & Insight]
* “Firms don’t just hire a body anymore.” The 2012 BLS jobs data is in, and if you thought employment in the legal sector was going to magically bounce back to pre-recession levels, you were delusional. [Am Law Daily]
* Three months have come and gone since Hurricane Sandy rocked law firm life as we know it in Manhattan, but firms like Fragomen and Gordon & Rees are still stuck in temporary offices. [New York Law Journal]
* This seems like it may be too good to be true, but it looks like New York’s chief judge may be on board to grant law students bar eligibility after the completion of only two years of law school. [National Law Journal]
* Law professors may soon be in for a nasty surprise when it comes to their salaries if their schools follow Vermont Law’s lead and remove them as salaried employees, paying only on a part-time basis. [Valley News]
* Resorting to a life of crime to pay off your law school debt is never a good thing — unless you’re doing it while wearing a Bucky Badger hat. We’ll have more on these allegations later. [Wisconsin State Journal]
I wish I could tell you that Americans fought the good fight, and the TSA let us be. I wish I could tell you that — but holiday travel is no fairy-tale world. We never said who did it, but we all knew. Things went on like that for awhile — travel consists of routine, and then more routine. Every so often, Americans would show up with fresh bruises. The TSA kept at us — sometimes we were able to fight ‘em off, sometimes not. And that’s how it went for American travelers — that was our routine.
Today is the biggest travel day of the year, and for another Thanksgiving, Americans will be doing it under the watchful eye of the Orwellian Transportation Security And Molestation Administration. The $8 billion dollar organization is alive, well, and entrenched. And nobody can accuse the freshly reelected Democratic president of doing anything to protect our civil liberties against the TSA. Nor has the supposedly liberty-loving Tea Party made aggressive groping at airports a major issue.
But for the most part, the country seems resigned to the TSA’s continued existence. Ooh, now kids under 12 don’t have to take off their shoes. Progress! We don’t sue them, we don’t legislate against them, we just kind of take it and hope that they decide to take their hands off our junk out of the kindness of their hearts.
We’ve got a couple of stories that, in their own way, highlight how cowed we’ve become….
* A Biglaw firm that’s got some Seoul: Clifford Chance is the first firm from the United Kingdom — and the first foreign firm — to file a formal application to open an office in South Korea. [American Lawyer]
* “I am convinced that [he] was given an intentionally defective bomb . . . to stage a false terrorist attack.” This is what a Cooley Law grad said during the Underwear Bomber’s sentencing hearing. Figures. [ABC News]
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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