Ed. note: This is the first installment of Righteous Indignation, one of Above the Law’s new columns for conservative-minded lawyers.
In this new column, I’ll occasionally be weighing in on legal issues from a conservative, right-of-center political perspective. My aim for my contributions is to balance the liberal heft that regularly gets thrown around on the pages of Above the Law. (That’s got to be a metaphorical scale we’re using to do the balancing, if Elie’s on one end and I’m on the other.)
Where am I coming from that I might alter the usual ATL ideological balance?
* “[L]awyers aren’t trained as accountants,” but Gibson Dunn, Freshfields, Drinker Biddle, and Skadden may have some splainin’ to do when it comes to Hewlett-Packard’s M&A blowout with Autonomy. [WSJ Law Blog]
* Looks like it’s time for some holiday musical chairs: Dorsey & Whitney’s managing partner Marianne Short will be leaving the firm at year’s end to join UnitedHealth as its chief legal officer. [Twin Cities Business]
* The court-ordered mediation between Hostess and the bakers’ union broke down last night. If Judge Drain approves the company’s liquidation plan, the Twinkie may disappear from whence it came. [Reuters]
* You shall not pass — or use Lord of the Rings characters in online gambling games! J.R.R. Tolkien’s estate is suing Warner Brothers for $80M over improper licensing of the late author’s characters. [Bloomberg]
* Please don’t tickle me, Elmo. One week after an accuser recanted his allegations against puppeteer Kevin Clash, another one filed suit over an underage sexual relationship. [Media Decoder / New York Times]
* There’s nothing like some man-on-man sexual harassment to get you going in the morning. Sparks Steak House paid $600K to settle charges lodged by 22 male servers over an eight year period. [Corporate Counsel]
* Seems like this pulchritudinous plaintiff’s contract case is still kicking, and Emel Dilek testified that sleeping with the boss was “absolutely not” one of her roles during her time at Mercedes-Benz. [New York Post]
* Lululemon and Calvin Klein have settled their patent spat over elastic waistbands on yoga pants. Here’s hoping the Canadian yoga-wear company turned this lemon of a lawsuit into lemonade. [Businessweek]
* What do divorcées do in their spare time? They go to Florida’s $350M courthouse to spray paint it with broken hearts and notes for the judge who presided over their proceedings. [Riptide 2.0 / Miami New Times]
* Gloria Allred’s “October Surprise” for Mitt Romney didn’t exactly go according to plan, but that’s probably because she never filed the appropriate motions related to the gag order in this decades old divorce case wherein Mitt Romney testified. [Bloomberg]
* This Election Day, 16 Biglaw firms in offices across the country will be manning an Election Protection hotline to field questions, because despite the bad jokes about the legal profession, “lawyers can play a really valuable civic role.” [Am Law Daily]
* “We never make decisions to eliminate positions with any discriminatory conduct.” In other news from the CYA Department, Paul Hastings really doesn’t like getting sued by former legal secretaries who were laid off by the firm. [Thomson Reuters News & Insight]
* The assistant dean of academic support at TSU’s Thurgood Marshall School of Law claims the school discriminated against her based on her skin color. Did we mention she’s white? [Courthouse News Service]
* Apparently the allegations of false reporting levied against TJSL are a “crock of crap” because the school claims the ex-employee who told on them never alerted the dean. Hmm… [Thomas Jefferson School of Law]
* A nice pipe dream: now that “the twilight of the generalist law degree is here,” perhaps law schools will move to a two-year model, with an optional third year for specialization purposes. [DealBook / New York Times]
* “I think that you know what the president said … was appropriate.” While the DOJ scrambles to meet Judge Smith’s memo deadline, Attorney General Eric Holder is busy defending Obama’s con law faux pas. [CNN]
* Six more partners have fled from Dewey & LeBoeuf, bringing the grand total of partner defections to at least 46 since January. Good Lord, somebody needs to get this firm a freakin’ tourniquet. [Wall Street Journal]
* Facebook filed a motion to dismiss Paul Ceglia’s ownership claims, but he isn’t going anywhere soon. Ceglia’s got two months to submit expert reports as to the authenticity of his fake contract. [Associated Press]
* Joe Jamail, “America’s richest practicing lawyer,” donated his $3M law library to TSU’s Thurgood Marshall School of Law. Now students can learn more so they don’t have to sue over being graded on a curve. [Fox]
* McDonald’s doesn’t have to worry about its G-rated Happy Meal toys in California anymore. It’s that XXX-rated lawsuit over a former employee’s “Filet-O-Fish” that the company’s really got to keep an eye on. [Reuters]
I didn't do well in the classroom, so I'm going to the courtroom.
At least once a month, something happens that makes millennials seem insufferable. It’s like we’ve bred an entire generation of people who can’t take criticism. It’s an entire generation that hasn’t watched the Godfather and doesn’t understand the phrase “it’s business, not personal.” When they fail, they don’t redouble their efforts; instead, they get their feelings hurt, make excuses, and whine and complain to anyone who will listen.
So it is with some pathetic millennials from the Texas Southern University’s Thurgood Marshall School of Law. Two students at the school received crappy grades. This is going to come as a huge shock to some of you out there, but it turns out that going to a lower ranked law school with the expectation that you’ll get a job if you finish in the top ten percent of the class doesn’t work out for 90% of the students.
Other people get bad grades and re-dedicate themselves to study, or (gasp) figure out something to do that they are actually good at. These kids, well, you can’t say that millennials are ashamed of being whiny bitches….
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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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