In last week’s Grammer Pole, 60 percent of you supported forming the singular possessive of a noun ending in “s” by adding an apostrophe followed by an additional “s” — e.g., “Kansas’s statute” rather than “Kansas’ statute.” In this debate, you sided with Justice Souter over Justice Thomas (based on their dueling approaches in Kansas v. Marsh).
Today we call upon you to choose between nationalities instead of Supreme Court justices. When it comes to the placement of punctuation marks in relation to quotation marks, do you favor the British approach or the American approach?
It’s been a bad few days for the Church of England. First, it gets slammed for siding with the bankers, rather than the protesters, after its flagship venue, St Paul’s Cathedral, finds itself at the heart of Occupy London. Second, a change to the U.K.’s ancient royal succession laws strikes a blow for its great rival, Rome, as a ban on royal family members who marry Catholics taking the throne is lifted.
Beginning with the Occupy London controversy: the protesters’ original plan was to occupy St Paul’s neighbour, the London Stock Exchange, which nestles alongside the U.K. branch of O’Melveny & Myers on an adjoining square. But they were blocked by the police, forcing them instead to set up camp on the forecourt of the great cathedral (built from the ashes of the Great Fire of London in 1666). At first this seemed like a defeat, as the Church of England played victim, shutting the doors of St Paul’s to visitors for the first time since the Second World War on what it claimed were health and safety grounds.
When Hitler came to power in January 1933, more than half of Berlin’s 3,400 lawyers were of Jewish origin. All of them, alongside the thousands of other Jews practising law throughout the rest of Germany, were forced to re-apply for admission to the national bar. At which point, only German-Jewish lawyers who had qualified before 1914, or who had fought at the front line in the First World War, were granted the right to continue in their profession. And in November 1938, even this select group was banned from practising. Many German-Jewish lawyers would subsequently be murdered in concentration camps. Others managed to flee to the U.S., where some, like the late Coudert Brothers lawyer Ernst Stiefel, eventually re-qualified as U.S. attorneys.
I learnt about Stiefel — who, before being admitted in the States, completed spells as a chauffeur, busboy, and dishwasher in New York, having undergone a period of internment as an “enemy alien” in the U.K. — from an excellent pamphlet produced by the German Federal Bar and the American Bar Association, “Jewish Lawyers in Germany under the Third Reich,” that I happened upon last week in the reception room of the English Law Society’s office in Brussels. I was there to listen to the English legal representative body’s arguments against a proposal for a new single Europe-wide contract law, having spent the first part of the day listening to the E.U.’s arguments in favour of the plan.
At face value, a single European contract law is about exciting as, well, Brussels (imagine an Eiffel Tower-less Paris without the joie de vivre, or a diluted Euro-version of Washington, D.C.)….
Old people are so cute. From the way they don’t understand how to use modern technology, to the way they cringe at the music of our times, it just makes you want to squeeze their wrinkly, little cheeks.
And old people in love? Well, that’s even cuter. So when we heard about a British couple in their mid-70s who had finally decided to tie the knot, it was a total cuteness overload. But all of the cuteness screeched to a halt when we found out that the loving couple’s special day had been ruined by allegedly over-amplified versions of ABBA songs.
This bride had no desire to be a “Dancing Queen,” and it wasn’t because she might’ve had to use a walker….
When news emerged last week that the Wall Street protests were spreading to London, I dared to dream. Maybe I could inculcate myself among the protesters, I wondered, and persuade their leaders to target a Biglaw firm rather than a bank. Then, I fantasized, having obtained the relevant door-code from one of my disgruntled Biglaw contacts, perhaps I could lead the protesters inside to set up an encampment. At which point, I hallucinated, I’d be able to live-tweet my experiences and, as the only journalist on the scene, become a star.
Disappointingly, it didn’t work out that way. The protesters proved frustratingly unmoved by my suggestions that they target a law firm. Instead, they tried to occupy the square in front of the London Stock Exchange. Prevented from doing so by the police, they ended up milling around the adjoining forecourt of St. Paul’s Cathedral, where their hard-core was diluted by confused tourists. What the New York Times accurately described as “a picnic atmosphere” prevailed, with “people streaming in and out of a nearby Starbucks.”
Even an appearance by Wikileaks founder Julian Assange — who arrived mid-afternoon wearing a Guy Fawkes mask to deliver a sermon on the steps of St. Paul’s — wasn’t enough to kick-start some proper rebellion. Indeed, with his claim that the Occupy Wall Street/London Stock Exchange movement “is not about the destruction of law, but the construction of law,” Assange sounded less like a revolutionary, and more a regulatory expert in the U.K. on a business trip….
The Financial Times Innovative Lawyers Awards ceremony, held in London last Wednesday, was most notable for the contrast between the puppy-like excitement of the lawyer nominees and the auto-pilot professionalism of the host, FT editor Lionel Barber, whose aura was of a man who’d rather be at home watching TV.
This was a shame, not only for the confused lawyers struggling to understand why Barber wasn’t high-fiving them as they collected their trophies, but because it overshadowed the setting of a world record. Never before has the adjective “innovative” — or its derivations “innovate,” “innovation,” and “innovator” — been used with such frequency in a single evening.
Between them, these four words featured in 14 of the 15 award names, peppered the subsequent acceptance speeches, dominated the copy of the awards brochure, and strangled the dinner conversation. Hypnotised by the repetition, I was convinced by the end that lawyers could see the future and were responsible for all of the great achievements of humankind.
However, having regained my sense of reality during the Tube ride home, it slowly dawned on me that most of the innovation I’d spent the last five hours being bombarded with wasn’t innovation at all, but simply lawyers doing their jobs. The “innovation in corporate law” award, for example, went to two law firms which acted on a merger, and the “innovation in dispute resolution” prize was given to a firm that won a case.
At other times, “innovation” was employed as a euphemism for not especially original ways to cut jobs….
Last week it emerged that a British teenager had been jailed for two months for taking a photo on his cellphone from the public gallery of a courtroom. Now, I know in the U.S. you’d probably just have executed the kid, but to us effete Europeans it seems a little harsh to dish out prison time for such a minor offence.
The sentence — which drew criticism even from the right-leaning Times newspaper — follows the unusually tough terms given to those involved in the U.K.’s August riots. In one instance, a judge jailed two men for four years each for setting up Facebook pages inciting others to riot — despite the fact that neither page resulted in any rioting. In another case, a 23-year old electrical-engineering student with no previous convictions was given a six-month custodial sentence for stealing a £3.50 ($5.45) case of bottled water from a ransacked discount store in South London.
Brits are split on this new mood of authoritarianism….
Oh happy Indian man, you know this globalization trend works both ways, don't you?
Protectionism is a song as old as time. We do it, and other countries do it to us. Every country is trying to figure our how to maximize the benefits of globalization without making their own people join a frenzied “dey tuk er jerbbbs” mob.
And that’s fine. This economic competition is good for standards of living all across the world — unless, of course, it leads to nuclear war.
But sometimes the lack of global reciprocity can become maddening. Take the outsourcing of legal work. For years we’ve been talking about how entry level, “document monkey” jobs are going from junior Biglaw attorneys to cheaper workers in India and a few other countries. Ever since the American Bar Association changed its rules in 2008 and allowed American legal work to be done offshore, competition from India over low-end legal work has been a key factor for those who care about the future of Biglaw.
And yet India remains a closed legal market to U.S. and British firms. Western firms are not allowed to do legal work in India, even though Western firms and clients are free to send work to India at the cost of American jobs.
Does this mean whoever keeps an eye on the Indian legal economy is doing a far, far better job than our own American Bar Association? Sure. But it’s hardly breaking news that the ABA is ineffective.
What’s far more newsworthy is that this fundamental inequity between the two legal markets might be changing — not because the ABA is magically getting its act together, but because Indian authorities might be willing to stop being a$$holes….
Watch to find out what some of our subscribers received in their May box!
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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:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
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• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
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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