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. 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.
* Jury duty is the only major civic duty that no one ever talks about. Professor Andrew Ferguson would like to change that by encouraging jurors to speak up about their experience. Enjoy learning how the sausage of justice is made! [Huffington Post]
* Verizon threatens to sue Netflix for honestly reporting how bad Verizon’s internet speeds are. [DailyTech]
* The emerging schism in the LGBT community on whether the term “Tranny” is empowering or a slur. Of course this is Legal Insurrection coverage, so the conclusion here is everyone who’s not with the straight white male program should just keep quiet, but the issue itself is interesting. [Legal Insurrection]
Many discrimination cases brought against law firms end in quiet settlements. But I suspect that Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, could go the distance and make it to trial.
Why? The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.
Consider the latest move in the case, a declaration of intent to seek sanctions….
* Earlier this week, Verizon faced off against the Federal Communications Commission in a net neutrality battle royal before the D.C. Circuit. Next time, make FiOS work before trying to get a do-over on the way the internet runs. [New York Times]
* “I see my job as an air traffic controller. And I see an unending line of airplanes.” Federal judges are buckling under the heavy weight of their caseloads, and from the sound of it, they’re not at all happy about the situation. [National Law Journal (sub. req.)]
* Which Biglaw firms strike the most fear into the hearts of their opponents when it comes to litigation? One firm got the boot from last year’s list, and we’ll have more on this later today. [Law360 (sub. req.)]
* Duane Morris is the first U.S. firm to open an office in Myanmar on some prime real estate. Be jealous of their associates as they bask in the splendor of its beautiful architecture. [Philadelphia Business Journal]
* A trio of Quinn Emanuel partners, including John Quinn himself, teamed up to open a high-class sushi joint in L.A. If he waits tables, he’ll definitely need someone to break a hundred. [Am Law Daily (sub. req.)]
* The Sixth Circuit affirmed the dismissal of a former student’s suit against Thomas M. Cooley Law School, and now he’ll have to live with shame for all eternity after being branded a cheater. [Law360 (sub. req.)]
* Strippers aren’t independent contractors, they’re employees entitled to minimum wage, says a judge. Taking off their clothes for only $7.25 an hour will do wonders for their self-esteem. [New York Daily News]
* Lady Gaga is being taken to trial over the wage-and-hour lawsuit filed by her former personal assistant. We wonder if the pop star will be as foul-mouthed on the stand as she was in her deposition. [ABC News]
* Biglaw’s billing bonanza: at least 12 firms are advising on the multi-billion dollar deals going on between Microsoft / Nokia and Verizon / Vodafone, and Simpson Thacher landed a seat on both. [Am Law Daily (sub. req.)]
* Standard & Poor’s is now accusing the Department of Justice of filing its $5 billion fraud lawsuit in retaliation for downgrading the country’s credit rating. Aww, we liked the “mere puffery” defense much better. [Reuters]
* The new ABA prez doesn’t think Obama meant what he said about two-year law degrees. He thinks it’s about cost. Gee, the ABA should probably do something about that. [National Law Journal (sub. req.)]
* Meanwhile, New York Law School wants to condense its offerings into a two-year honors program that comes complete with a $50,000 scholarship. Sweet deal if you can get it, but it sounds like most people won’t. [Crain's New York Business]
* Stewart Schwab, the dean of Cornell Law School, will be stepping down at the end of the academic year. The search for someone new to oversee the filming of amateur porn in the library is on. [Cornell Daily Sun]
* Crisis? What crisis? Nothing is f**ked here, dude. Amid plummeting applications, GW Law increased the size of its entering class by about 22 percent. The more lawyers, the better, right? /sarcasm [GW Hatchet]
* Jacked up! Attorneys for NFL player Aaron Hernandez got a stay in the civil suit accusing the athlete of shooting a man in the face until after the athlete’s murder charges have been worked out. [USA Today]
Towards the end of my piece this morning about the administration’s ridiculous response to the leaked evidence and confirmation that the NSA is scooping up every single phone record (confirmed from Verizon at least, though you can assume it applies to everyone else as well) was a quick note mentioning that Senator Dianne Feinstein was saying that this was a continuation of the same program that had been going on for seven years. And, now, lots of Senators are coming out and saying the same thing. In fact, it appears that our 100 Senators all knew that this has been going on for seven years without telling us…
* AG Eric Holder sat down and had a little chat about what’s been going on at the Justice Department. He’s not impressed with his agency’s work, but he claims he’s not stepping down just yet. [NBC News]
* “Can you hear me now?” Oh, Verizon, what an apropos slogan you’ve got considering the latest government scandal. The NSA has been spying on you through your phone records since late April. [Guardian]
* Lawyers for Matthew Martoma still want more time to comb through millions upon millions of documents in their client’s insider trading case, but it seems rather pointless after a judge’s kiss of death. [Reuters]
* Looks like she got her wish: thanks to Judge Michael Baylson, a little girl with terminal cystic fibrosis may have a better chance at getting a longer lease on life in this donor lung transplant case. [CNN]
* Being a politician didn’t really work out so well for him, so John Edwards is going to try his hand at being a lawyer again. Just think of all of the lovely ladies he’ll be able to pick up as clients. [USA Today]
* Speaking of former public servants who are getting back into the law, Ken Salazar will be opening the Denver office of WilmerHale — and when it comes to pay, he’s got a “very good package.” [Denver Post]
* And not to be forgotten, famous flip-flopper Joe Lieberman will be taking his services to Kasowitz Benson. We certainly hope the firm will appreciate his superior legal mind. [WSJ Law Blog (sub. req.)]
* The ABA is considering law school job data collection 10 months after graduation, instead of nine, because bar exam results come out so late. Like that extra month will help… [National Law Journal]
* Erika Harold, a Harvard Law grad and ex-Sidley associate known for her reign as Miss America, is running for Congress in Illinois. What will she she do for the talent portion of the competition? [Politico]
* It’s 12/12/12. Or as rational people call it, “just another Wednesday already, God.” [ABC News]
* Elizabeth Warren is going to be on the Senate Banking Committee. Boom. How ya like me now. [Reuters]
* Do women make better lawyers than men? For some reason this question made me want to make a really sexist joke. But I’m afraid of being yelled at by feminists. Afraid, like a little girl. [Law Frat]
* Verizon to take on copyright trolls. I hope this leads to a commercial with that Verizon T-Mobile 4G woman playing whack-a-mole in a sun dress. [Torrent Freak]
* You know what could keep us from falling off the fiscal cliff? The death tax. Mwahahaha. [Tax Prof Blog]
* SCOTUSblog is looking to hire a good law student or LL.M. student. Qualification #1: you should probably know what SCOTUS refers to. [SCOTUSblog]
* Lindsay Lohan had her probation revoked. If you are one of the people who care about this story, thus necessitating this mention of it, I hope bad things happen to you this holiday season. I’m serious, if you care about Lindsay Lohan, I hope Santa brings you herpes. [TMZ]
Maybe I’m a Luddite for feeling uninterested in letting Instagram know where I took my last photo. Maybe I’m crazy for not geotagging my Facebook updates.
But here’s the thing: your electronic privacy is like handling a bad romantic relationship. If you give yourself away too easily, you might not be surprised if your partner — or in this case, your cell phone carrier — sells your personal information to make money and help other companies sell you more crap.
Case in point: Verizon, which is catching fire from privacy rights advocates for the way it handles (read: sells) its customers’ cellphone data. Amuurica, f**k yeah….
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