In case you haven’t heard, over the weekend a whole bunch of celebrities got hacked and nude photos of them leaked onto the internet. Let me just start out by saying that hacking into a celebrity’s phone and stealing her nude photos is just a horrible thing. It’s not a funny joke. It’s not something hackers should be high fiving over. Celebrities have the right to live private lives like everyone else and they have the right to take and keep private photos. On top of the embarrassment of having their private photos available to their parents and all of their fans and every pervert with an internet connection, it could seriously damage their careers. This should be another big warning slap in the face to everyone who stores private or confidential things on the internet, especially lawyers.
What lessons can lawyers learn from this unfortunate episode?
Our law firm does not have a Twitter account. But our consulting and patent monetization firm, Markman Advisors, does (@MarkmanAdvisors) — an active one, where we post about patent litigation-related events that are of interest to our followers. Twitter has become our number-one way of interacting with the investment community that is the target for our consulting and patent monetization services.
Yet our law firm still does not have a Twitter account — and I am not convinced it should. As a practicing litigator, I am reluctant to give out my opinions on legal issues through such a broad-reaching medium. Lawyers on Twitter either need to have a lot of guts, or follow the typical boring Biglaw marketing model. I am not interested too much in either approach.
Our engagement with Twitter is relatively recent, dating to the launch of our law firm and consulting practice. Prior to Twitter, our focus was on demonstrating our patent litigation bona fides via investor-focused articles on websites like Seeking Alpha and Harvest. The goal of that work was to demonstrate that Markman Advisors offered investors, inventors, and companies interested in patent situations a unique analytical approach, informed by our collective experience litigating big-ticket patent cases while at Biglaw firms. We were fortunate to build a following on those platforms, which led to meetings with the type of clients we were interested in representing. In the course of those discussions, we found out that for the investment community — traders, hedge funds, whomever — Twitter is a necessary and powerful communications tool.
Being lawyers, our first reaction was skepticism….
Professor John Yoo, who deemed waterboarding wasn’t torture.
Among the many, many, many problems with running a torture program (beyond being morally problematic and with no history of effectiveness) is the fact that it makes it easier for others to justify torture programs as well. It’s now come out that ISIS has been waterboarding prisoners, including reporter James Foley whom they recently beheaded. Waterboarding, of course, was one of the CIA’s favorite torture techniques. And, of course, people had warned for years that having the CIA waterboard people would only encourage others to use the technique against Americans. Hell, even Senator Dianne Feinstein condemned waterboarding a few years ago, because it would lead others to do it against the US:
Yesterday, a California appellate court overturned the lower court’s dismissal of a malicious prosecution claim against Biglaw mainstay Latham & Watkins. According to the opinion, the lower court was wrong on the statute of limitations, but the opinion also went out of its way to express just how likely the plaintiffs were to prevail on the merits of their claim that Latham doggedly pursued them on a “non-viable” legal theory.
Latham still has an opportunity to defend itself, but the language of this opinion is certainly not encouraging.
The plaintiff already recovered over $1.6 million in fees from Latham’s client, let’s see how they do against the firm…
Since the launch of alt.legal, Ed and I have received a lot of very interesting emails and feedback. It is apparent that many of you read ATL literally allday love working in Biglaw, but most many have considered taking a walk onto the alternative side (sounds far more erotic than it is).
What we hope to prove to you through this ongoing column is that legal entrepreneurship is exciting, prestigious, lucrative, and, most importantly — to the many resilient lawyers out there who have remained idealistic in the face of back-to-back all-nighters — your best chance to change the legal system for the better. Moreover, despite what you think, innovation in the law is NOT just in e-discovery. Turns out, there are problems worth solving associated with almost every practice, and with each, there are entrepreneurs and innovators ready to change the game. (My co-author, Ed Sohn, is planning to write more on this underground world next time.)
Today, we profile one such entrepreneur, Adam Nguyen, who saw inefficiencies in the always-exciting process of contract review for due diligence (hey litigators, it turns out M&A lawyers have to do document review too), and leveraged $150,000 worth of Harvard Law-branded problem solving to create an innovative technology solution called eBrevia.
Earlier this year at the (shameless plug alert) Attorney@Blog Conference, I had the opportunity to meet Guy Alvarez and Joe Lamport, founders of Good2bSocial, a digital agency that helps law firms utilize social media and content marketing to improve their business.
Look, I will be the first to tell you how powerful a good content strategy can be for a business. I even left my cushy Biglaw salary to start a company in the content space. But #Biglaw? Even I was skeptical.
So I was shocked to hear of all the law firms who were being recognized at the conference for their work in social media. How exactly would a firm use Twitter or Facebook to drive business? I decided to invite Guy and Joe to participate in a conversation about the emerging role of social media in law firms….
Attorneys can pretty much be broken down into two categories — those who have experience with doc review, and those who have been lucky enough to avoid it. But, there will be a point in the not too distant future when the latter group will become the ultra minority. I have been preaching for years now to attorneys: “Woe unto you who fails to understand the importance of metadata.” When I am consulting with attorneys on tech issues, be it trial technology related, practice management related, or e-discovery related, I always get a large portion of attorneys who tell me (usually with their eyes), “Look, son, I haven’t needed this is the past, I don’t need it now, and I’ll never need it. Change is bad.”
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
Ed. note: This is the latest installment in a series of posts on lateral moves from Lateral Link’s team of expert contributors. Kristina Marlow is a Director with Lateral Link’s D.C. office who brings almost 20 years of experience in the Washington legal market to her work with associate and partner candidates. Prior to joining Lateral Link, Kristina spent a decade at Gibson Dunn, first as a litigation associate and then as the D.C. office’s hiring manager. A Michigan native, Kristina earned her J.D., cum laude, from Georgetown University Law Center’s evening program and a B.A. in Journalism from Michigan State University, where she was named “Outstanding Senior.” She also worked as an appellate clerk, as an economic analyst for the federal government, and as a reporter for the Chicago Tribune.
More than a third of the almost six thousand mid-level associates who responded to The American Lawyer’s most recent survey reported that they use social networking tools for job-related purposes, more than ever. Of that third, 94% said that they use LinkedIn, “the one social network most lawyers feel most comfortable in using,” says Glen Gilmore, a lawyer and social media expert who ranks near the top of the Forbes list of “Top 50 Social Media Power Influencers.”
But many of the attorneys who join LinkedIn do so because they are “supposed” to have an online presence, and they appear reluctant to be fully committed members. Their LinkedIn contacts languish in the double (or even single) digits. Their pages do not have a professional picture (or, often, any picture at all). And their profiles lack enticing headlines that capture who they are and summaries that provide a synopsis of what they do….
Almost a month after ExamSoft treated us to the biggest bar exam disaster ever, they’ve issued an apology. Well, that’s something. One would have expected this within hours of the debacle that the Internet dubbed #Barghazi. Maybe it was written in July and it’s just taken this long for the ExamSoft software to load it up.
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: