* Two weeks from today, the Supreme Court will be hearing oral arguments on the Obamacare case. Everyone thinks Justice Kennedy’s vote will swing the Court, but Chief Justice Roberts isn’t about to let him steal his sunshine. [New York Times]
* Gaming post-graduation employment statistics: the Columbia Law School and NYU Law edition. It looks like it might be time to fire up the Strauss/Anziska machine for the top tier of our nation’s law schools. [New York Post]
* But speaking of Alston & Bird, some Floridians are complaining about the firm’s bill. $475 an hour for four partners and associates? You really need to stop, because you’re getting the deal of the century. [The Ledger]
There’s one guy in your outfit who understands the need not to write stupid e-mails: That’s the guy who just spent all day in deposition being tortured with the stupid e-mails that he wrote three years ago.
That guy will control himself. He’ll write fewer and more carefully phrased e-mails for the next couple of weeks. Then he’ll go back to writing stupid stuff again, just like everyone else.
You can’t win this game; no matter what you say, people will revert to informality and write troublesome e-mails. But you’re not allowed to give up. What’s an in-house lawyer to do?
Google announced yesterday that hackers in China had gotten access to hundreds of Gmail accounts. And it wasn’t just anyone’s email. The attack targeted senior government officials in the United States, Chinese political activists, officials in several Asian countries, military personnel, and journalists.
I have a feeling we will hear a lot more about this over the next few days. For the moment, let’s take a look at the details we know so far….
Is “phishing” running rampant throughout the legal community? A few weeks ago, Professor Charles Nesson of Harvard Law School fell victim to a phishing scam. As the HLS Help Desk helpfully explained at the time, “Phishing emails are fraudulent email messages claiming to be from a legitimate source that ask you to send confidential information such as username, password, date of birth, etc.”
The latest high-profile victim of a phishing attack is a leading law firm, WilmerHale. A mass email is going around, purportedly from “Brian Willmer” of “Willmer Hale,” regarding an alleged subpoena. The email is a fraud; as far as we know, there is no “Brian Willmer” of “Willmer Hale.” It contains a link that you definitely do not want to click on.
Let’s look at the fake email — and the very real response, from the managing partners of WilmerHale….
Maybe Demi Moore - and Ashton Kutcher, not Michael Douglas - will play them in the movie.
Last week, we started hearing about an amazing email making the rounds. In this email message, a male associate at a large law firm allegedly described, in excruciating detail, a supposed sexual encounter with a married female partner at the firm.
Apparently the raunchy email was making like an STD and going viral within the firm. Concerned about this development, the firm tried to crack down on dissemination by distributing a hard-copy memorandum to lawyers and staff, warning them about recent “spam” containing inappropriate language that was being circulated between several firm email accounts. Memo recipients were directed not to forward the “spam” if they received it, and they were also told not to disseminate the paper memo warning of the “spam.”
Meanwhile, the firm’s information-technology team was frantically trying to put the horse back in the barn. Members of the firm’s IT department were working overtime to locate and delete all copies of the email that they could find.
Alas, they didn’t work fast enough. The sexually explicit message — WARNING: stop reading here if such talk might offend you — finally found its blessed way to the Above the Law inbox….
First of all, Happy Chanukah. May your candles burn bright.
It is certainly possible that some lowly internet hacker was trying to take advantage of some holiday compassion when he or she hacked the email of Harvard Law School Professor Charles Nesson. Nesson is a well-known figure in “internet and the law” circles — as well as to readers of A Civil Action, who know him as “Billion Dollar Charlie” — but today he’s just another victim of a phishing attack. An email went out to the HLS community this morning claiming that Nesson was stuck in the U.K. and in desperate need of money.
We can’t be sure if Nesson will be able to find and bring charges against the hacker, but let’s hope that if he does he isn’t forced to rely on HLS students for legal advice…
Every time you put something into an email, please remember that someone you send it to may hit Forward. If your email makes the case for a biological reason for racial disparities in intelligence, someone might hit Forward and send it to Black Law Student Associations across the nation.
That’s what happened to a Harvard 3L yesterday. We’ll call this 3L CRIMSON DNA. According to our sources, DNA made some controversial comments about race at a dinner held by the school’s Federalist Society.
CORRECTION: This dinner was not a Fed Soc dinner. [FN1]
After the dinner, DNA felt the need to send an email to a few friends clarifying those views. Here’s an excerpt:
I absolutely do not rule out the possibility that African Americans are, on average, genetically predisposed to be less intelligent. I could also obviously be convinced that by controlling for the right variables, we would see that they are, in fact, as intelligent as white people under the same circumstances. The fact is, some things are genetic. African Americans tend to have darker skin. Irish people are more likely to have red hair.
One of the 3Ls to receive that email, available in full after the jump, was very upset by it. We’ll call this student CRIMSON OUTRAGE. OUTRAGE arranged for the email to be sent out to the Harvard Black Law Student Association list-serv, including DNA’s name and the fact that after graduation, the author will be doing a federal clerkship.
CORRECTION: It now appears that OUTRAGE disseminated the email, several months after the email was originally sent, because she got into a fight with DNA — not because she (OUTRAGE) was offended by the email.
After that, the email went viral, apparently circulating to BLSAs across the country. There are now plans to try to go after DNA’s clerkship….
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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 six years. You can reach them by email: email@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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