That the FTC has announced another weight loss settlement is no news at all. The FTC averages about six new weight loss orders per year. The new settlement, nevertheless, is notable as a reminder of the following points.
The FTC has the power to impose bans. The Order against the marketers of Double Shot diet pills “permanently restrain[s] and enjoin[s]” them from advertising or selling “any weight-loss product.” The FTC does not frequently impose bans in weight loss cases, but bans have been used before in similar instances where extreme Gut Check claims (discussed below) have been made.
Over the past few days, everyone has been talking about Jennifer Livingston, the Wisconsin morning news anchor who responded on the air to a male viewer’s email about her weight. In his letter, the male viewer told Livingston that she wasn’t a “suitable example” for young people because of her physical appearance. Her courageous counterpoint went viral, and ever since, she’s been making her rounds on the TV talk show circuit to address what she thinks is the root of the problem, and why people think letters like this are acceptable: bullying.
Now, you may be asking yourself why I chose to write about this today. To be honest, when I first watched Livingston’s video on Tuesday night, I really had no intention to do so. I thought that she was a very strong woman who chose to stand up for herself, and really, for all overweight people, but that her four-minute segment didn’t need to be addressed here at Above the Law. (Not even after being asked in the comments yesterday whether I thought I was a “good role model,” an obvious jab about my own weight.)
But then I found out a little more about the man who emailed Livingston to criticize her weight. As it turns out, he’s a lawyer….
Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, they are collected here.
We all know how difficult to stay at a healthy weight while living the Biglaw lifestyle. Too many hours sitting down, with desk drawers nicely stocked for a quick bite in between phone calls. Sitting inside office buildings all day, with easy access to vending machines stocked with soda and junk food. Carb-heavy breakfasts for client meetings and lateral interview sessions. Food orgies masquerading as CLE sessions and firm meetings. Business development lunches and dinners at fancy restaurants with comprehensive wine and scotch lists. Seamless Web. Two cities, three depositions, one week — equaling plane snacks, room service, and more restaurants. Year in, year out, for a decade or two or three. No wonder your typical Biglaw partner has seen better days waistline-wise.
I know firsthand that it is not easy to drop those Biglaw pounds. But the effort is worth it. In my case, it took some real discipline to arrest what threatened to be a constant addition of one or two pounds a year. I was getting chunky, and as I noted in my first column, I only saw extremes in my older colleagues. I am not a runner, and while working out at home added on some muscle, there was no way I was going to see real results without changing my eating (and drinking) habits.
Everyone has their favorite weight loss tips. Here’s what has worked for me, in terms of keeping the extra pounds away….
* Studying for the LSAT helps your brain. No really. It can even make you smart enough to avoid law school all together. [LSAT Blog: Ace the LSAT]
* Looks like Jamie Dimon decided to send in The Wolf. [Dealbreaker]
* How famous do I have to be before weight loss companies compete to make me take their diets for free (plus hire me a personal trainer) so they can say their weight loss program “works”? Surely, I’m fat enough. [WSJ Law Blog]
* Instead of making laws against bullying, parents could also be less lazy and just learn how to use Facebook. [Orlando Sentinel]
If they ask your kid to pose for stock photography that will come up when somebody searches for "fat kid," that's not a good sign.
An article from the Journal of the American Medical Association is making the rounds today. It’s written by a lawyer and a doctor. The authors argue that obese children should be taken away from their parents and placed in foster care.
Yes, it’s entirely possible that this country has become so vain that people want to make letting your kids get fat an offense tantamount to child abuse. But that’s not what’s going on here. The authors aren’t suggesting that parents should lose custody rights if little Johnny has a tubby tummy. Instead, the authors are concerned when little Johnny has diabetes and a measurable gravitational pull by the time he’s 11.
If it weren’t for the fact that foster care in this country is just a little bit better than sending kids to concentration camps, I think I would support this idea. Parents should be on a shorter leash in general….
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: