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n the U.S District Court for the Northern District of Illinois, Judge Matthew F. Kennelly recently held that plaintiffs alleging price-fixing in the text messaging market were not entitled to an adverse inference after failing to prove that defendants T-Mobile and CTIA destroyed emails in bad faith. Judge Kennelly also granted the defendants’ motion for summary judgment, as plaintiffs were unable to meet the elevated pleading burden for collusion to fix prices for text messages in violation of the Sherman Antitrust Act. The plaintiffs had filed suit on behalf of customers who used pay-per-text-message services from Verizon Wireless, AT&T, Sprint, and T-Mobile.

The Wall Street Journal published an article in September 2008, titled “Text Messaging Rates Come under Scrutiny,” inspired primarily by the antitrust investigation of Senator Herbert Kohl.[1] The day the article was published, a T-Mobile employee allegedly sent the text of the article via e-mail to both Adrian Hurditch, the company’s former Vice President of Services and Strategic Pricing, and Lisa Roddy, the company’s former Director of Marketing Planning and Analysis. Hurditch and Roddy e-mailed each other about the article; however, that e-mail thread no longer exists.

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During the final year of law school, those who are about to be handed their degrees are desperately seeking legal jobs of any kind so they can be counted among the few, the proud, the would-be lawyers who are employed at graduation.

Considering how terrible the job market is, those who are lucky enough to find a job are likely do anything they can to keep it. They might even be willing to deal with some “disgusting and grotesque” sexual comments for a while.

But how much is too much? It’s quitting time when the boss starts demanding sexual favors…

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Christina Gagnier

Anyone who is a lawyer can relate to the perennial quest to find work-life balance, but this odyssey becomes compounded when you are also the boss. Even though acquiring all of your business, as well as making sure the legal representation you provide is good, determines whether you may be paying your rent in a given month, you have to decide where you draw the line with your clients.

Drawing this line also works to the benefit of your clients, who end up getting more comprehensive and meaningful counsel than through the superficial interaction that not drawing these boundaries may lead to…

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Aasif Mandvi accepting his Justice in Action Award last night at the AALDEF 40th anniversary celebration.

Last night, I had the privilege and pleasure of attending the 40th anniversary celebration of the Asian American Legal Defense and Education Fund (AALDEF). Forty years is a remarkable milestone, so everyone was in a celebratory spirit. Here’s my account of the evening, which also honored several leaders within the Asian-American community….

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* Professor Ann Althouse’s analysis of today’s Hobby Lobby and Conestoga Wood arguments before SCOTUS. [Althouse]

* Professor Nelson Tebbe’s take on the proceedings. [Balkinization]

* Finally, a very Jezebel assessment: “Supreme Court Prepares to F**k Up This Birth Control Thing.” [Jezebel]

* “JUDGE TO PORN TROLLS: IP Addresses Aren’t People.” [Instapundit]

* YouTube videos and text messages surface in the Oscar Pistorius murder trial. [IT-Lex]

* “Her” was an excellent movie — and it might contain lessons for lawyers and the legal profession, as John Hellerman argues. [Hellerman Baretz]

I spy with my little eye… FBI sext messages?!?

When you are given an FBI BlackBerry, it’s for official use. It’s not to text the woman in another office who you found attractive or to send a picture of yourself in a state of undress. That is not why we provide you an FBI BlackBerry.

Candice Will, Assistant Director for the FBI’s Office of Professional Responsibility, commenting on a “rash of sexting cases” detailed in an FBI disciplinary report.

(After taking a look at this report, the Federal Bureau of Investigation ought to consider changing its name to Frat Bros International. Let’s check it out.)

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Judge Wade McCree

Remember Judge Wade McCree? How could you not! He’s the Michigan jurist who received our Judge of the Day honors back in April for sending nearly-nude photos of himself to one of his female bailiffs via sext message. When confronted with the issue, McCree told a Fox Detroit reporter he had “no shame in [his] game.” When confronted by the Michigan Supreme Court, McCree was issued a censure for bringing shame to the judiciary, if not himself.

Now, you’d think that the good judge would clean up his act after a brush with the law, but of course, you’d be wrong. We wonder if he’s got any shame in his game now that his alleged affair with a litigant has been exposed for all the world to see.

And you really won’t believe where this woman claims they got it on, repeatedly….

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* “[T]here is only so far you can go when representing clients.” David Tamman, the ex-Nixon Peabody partner who was “thrown under the bus” by the firm, was found guilty of helping a client cover up a $20M Ponzi scheme. [Thomson Reuters News & Insight]

* You surely must remember former UT Law dean Larry Sager and his controversial $500K forgivable loan. Well, as it turns out, the school is now condemning the practice as inappropriate, and calling for its permanent suspension. [Texas Tribune]

* Someone finally sued a power company over its horrendous response to Hurricane Sandy. The Long Island Power Authority should’ve seen this lawsuit coming, but was woefully unprepared. Figures. [Bloomberg]

* I can haz copyright infringement? Internet memes are all the rage — we even had our own contest — but you may find yourself wading into dangerous intellectual property waters with improper use. [Corporate Counsel]

* Papa John’s is facing a $250M class-action lawsuit for spamming its customers with text messages advertising deals. With share prices dropping, it must suck to be Peyton Manning right now. [CNNMoney]

In the late 90’s, lawyers taking credit cards was not the norm.

Stores took credit cards. Restaurants took credit cards. Lawyers took checks and wire transfers, and yes, cash in rubber bands. It was typical lawyer arrogance and ego – taking credit cards turned the lawyer in to a merchant, and paying a portion of the fee (because if you check your state ethics rules and opinions you may find you cannot charge the client for the percentage you pay the credit card company… oops) for the convenience of the client being able to “charge it” was seen as unattractive.

I didn’t take credit cards at first, a couple years later I started, and now I take them under certain conditions. One, I don’t advertise that I take credit cards. No signs on my door, no indication on invoices. If the client asks, the answer is yes, but like many places, there is a minimum amount (and no, it’s not $20). For volume-type lawyers who charge small fees, credit cards are a great way to sign up clients and maintain a good cash flow. For those with bigger fees and smaller practices, it’s a last resort for that client that you believe may have an issue paying, or who just can’t come up with the retainer unless it’s charged on a credit card.

Visa and Mastercard rates are lower than AMEX, but in the end, you’re looking at getting about 96% of the fee once the percentage and transaction fees are paid. If you can’t survive on that, I can’t help you.

What about house calls?

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As we know from our Courtship Connection service, the dating scene is pretty rough for lawyers in New York City — but it’s even worse if you’ve chosen a non-lawyer as your date. Laypeople just don’t understand what it’s like to be a member of the legal profession.

While you were living your carefree existence, the average young lawyer is likely six figures in debt after having gone to school for three years. He’s overwhelmingly stressed out, and he works hard for the money. Like Kenneth Kratz, he is “the prize.”

That being said, you can only imagine how pissed a single lawyer would become after he’s been given the brush-off after a first date via text message….

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