Ted Frank

Can a Westlaw or Lexis print-out hide your booze stash? I didn't think so.

* Are Asian American lawyers too nerdy to climb the Biglaw or corporate ladder — or is this just an outdated stereotype? [The Careerist]

* Does having your law school sob story featured on national television count as “employed upon graduation”? (Or, more seriously, here’s an opportunity for an unemployed law school grad.) [Inside the Law School Scam]

* A Notre Dame law professor, Mark McKenna, offers some courageous and deeply personal commentary on the Penn State scandal. [Slate]

* How will SCOTUS vote on Obamacare? Two political science professors, Michael Bailey and Forrest Maltzman, offer predictions. [The Monkey Cage via How Appealing]

Ted Frank

* Congratulations to Ted Frank and CCAF on a big win in the Ninth Circuit. [Center for Class Action Fairness]

* Following in the footsteps of its former employee, Gregory Berry, Kasowitz Benson seeks to conquer Silicon Valley. [Am Law Daily]

* In the age of Lexis and Westlaw, hardbound law books still serve a valuable purpose. [Kickstarter]

* It’s a briefcase branded with your favorite team insignia. But real subtle-like, so other people won’t immediately know you are an alpha jock fan boy. But you will. You’ll always know. [The Fandom Review]

Plaintiffs’ lawyers in class action cases: are they heroes, or villains? Do they make too much in fees, leaving the classes they represent high and dry? Or could it be argued that they make too little for the work that they do?

Let’s discuss….

double red triangle arrows Continue reading “Attorneys Fees in Class Actions: Too Low, Too High, or Just Right?”

Albert Haynesworth III

Albert Haynesworth III

* Does your fledgling company need a full-time general counsel? Lance Levy lays out some considerations. [In-House Blog]

* Why is Marc Randazza “the most inappropriate man in the world”? Well, how many briefs have you filed with phallus-filled footnotes? (Say that last part ten times fast.) [Popehat]

* New England Patriots defensive tackle Albert Haynesworth pleads no contest to simple assault, averting a trial for misdemeanor sexual abuse. [ESPN]

* Looking for a job in legal academia? Get to know the members of the hiring committee! [PrawfsBlawg]

* “Federal Filing of the Day: Nebraska Man Says He Left Baylor With GPS Sewn in Armpit.” [Unfair Park / Dallas Observer]

Ashley Alexandra Dupré, Eliot Spitzer's former paramour.

* Eliot Spitzer gets hit with a libel lawsuit seeking $60 million. That’s worth how many hours of Ashley Alexandra Dupré? [New York Observer]

* Congratulations to Ted Frank and his colleagues at the Center for Class Action Fairness on their latest victory — which appears to represent “the first time the Ninth Circuit has vacated approval of a class action settlement since 2003.” [Center for Class Action Fairness]

* Elsewhere in the Ninth Circuit, justice delayed turns out to be justice denied for a prisoner who died while waiting over five years for a federal district judge to rule on his habeas petition. (The magistrate judge had already recommended granting relief.) [Los Angeles Times]

Mommy, have you seen my Hot Wheels car?

* Trademarks, and textiles, and taboos, oh my! Take a look into the fabulous world of fashion law with Charles Colman of Law of Fashion. [Professionelle]

* When you make stock market bets on SCOTUS outcomes, you better have a lot of money to throw around. Luckily, Ted Frank has plenty. [Point of Law]

* Jackass star Ryan Dunn passed away yesterday, which is sad. While normal people mourn the man who shoved a toy car up his butt, lawyers think up ways to assign liability. [Litigation & Trial]

* A J.D. is apparently still worth all of the debt associated with it because… why? Given that landing a job right now is about as easy as nailing jelly to a tree, how is this profession worth the debt? [Kiplinger]

* The blogs of the Am Law 100 have grown a lot this year, from 126 blogs to a whopping 269. Some firms are blogging duds, but I guess they’re busy making money. [Marketing Strategy and the Law]

* It may be better to be pissed off than pissed on, but getting peed on is apparently a natural step in professional development. [An Associate's Mind]

* Attorneys fall into one of three categories when it comes to the iPad: you got one; you want one; or your firm got one for you. Here are some lawyerly apps for you to play with. [Law Degree]

We just learned, via the SCOTUSblog liveblog of today’s proceedings at the Supreme Court, that Wal-Mart v. Dukes has been decided. Here is some background about the case, one of the most closely watched of this Term, and here is the opinion of the Court.

Justice Scalia wrote the opinion of the Court, which was joined in its entirety by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito. SCOTUS reversed the Ninth Circuit and held that class action certification should not have been granted in this case, brought on behalf of hundreds of thousands of female Wal-Mart employees who alleged a pattern and practice of pay and promotion discrimination by the giant retailer.

Justice Ginsburg filed an opinion concurring in part and dissenting in part, which was joined by Justices Breyer, Sotomayor, and Kagan. What did RBG have to say?

double red triangle arrows Continue reading “Supreme Court Rejects Nationwide Class Action Against Wal-Mart”

Ted Frank

Friday was not a pretty day for the stock market. The Dow Jones Industrial Average closed below 12,000, for the first time since March of this year — a 1.4 percent decline. The S&P 500 also fell by 1.4 percent, and the Nasdaq composite index fell by 1.5 percent.

Everyone is looking for an edge in this market (especially given the low returns you get by keeping your money on the sidelines, in cash, or by investing in real estate). This raises a question for legal eagles: Can knowledge of the law help you invest profitably?

One of our favorite folks here at Above the Law — Ted Frank, head of the Center for Class Action Fairness, whom we’ve dubbed the Class Action Avenger — believes the answer is yes. Earlier this month, he invested 10 percent of his net worth in a bet that one company’s stock is on the way up, based on a forthcoming Supreme Court decision.

Let’s find out which stock Frank is betting on, and why….

double red triangle arrows Continue reading “Can Legal Knowledge Help You Make Money in the Stock Market?”

Did you take a BAR/BRI bar exam review course sometime in the past five years? Or are you taking BAR/BRI now, having paid for it prior to March 21? If so, keep reading.

As we recently mentioned, the deadline for joining or objecting to the proposed class action settlement in Stetson v. West Publishing Corp. is fast approaching (May 30). The lawsuit, alleging antitrust violations, was filed against West Publishing, which owns (but is selling) BAR/BRI, and Kaplan, the test prep company owned by the Washington Post. The class is defined as “[a]ll persons and entities who paid for a BAR/BRI full-service bar-review course from August 1, 2006, through and including March 21, 2011.”

Are you a class member? Let’s review your options….

UPDATE (5:30 PM): Please note the updates added to the end of this post.

double red triangle arrows Continue reading “Signing Up For, Or Objecting To, The BAR/BRI Class Action Settlement”

As we reported last month, it looks like Leeds Equity Partners will be acquiring BAR/BRI, the well-known bar exam preparation business, from West Publishing / Thomson Reuters. If you’ve taken a bar exam prep course, odds are that you took BAR/BRI — although there are alternatives, such as BarMax and Themis (disclosure: ATL advertisers, whom we thank for their support).

If the deal goes through, Leeds will get its hands on what would seem to be a very good business. BAR/BRI courses aren’t cheap, at a few thousand a pop (often paid by law firms, which aren’t very price-sensitive). And since BAR/BRI has had its bar-prep infrastructure in place for a long time — curricula, instructors, etc. — its marginal costs for each new teaching cycle aren’t that high. In short, BAR/BRI seems like a money-making machine.

(Note: This analysis about the economics of BAR/BRI is somewhat speculative. Please correct us, by email or in the comments, if we’re wrong.)

But Leeds will also inherit complaints about BAR/BRI. Some are of the consumer variety — e.g., the website going down when people were trying to pick their course locations, the date by which books must be returned in order to get deposits back being set too early, unfair late fees, etc.

And some complaints are of the legal variety, in the form of antitrust class actions alleging collusion between (1) West Publishing, the owner of BAR/BRI, and (2) Kaplan Inc., the test prep company owned by the Washington Post Company that is known in the legal community for its LSAT courses. One of the lawsuits alleges “that BAR/BRI agreed not to compete in the LSAT business and that Kaplan agreed not to compete in the bar review business, thereby allocating to BAR/BRI the market for full-service bar review courses in the United States.” (Now, of course, Kaplan has its own full-service bar review course.)

To the legal complaints we now turn. You should follow along, since there might be some money in it for you….

double red triangle arrows Continue reading “BAR/BRI Class Actions: Open Thread”

[Lawyer Dennis] Gingold claims to have billed an astonishing 48,772 hours on this case—which works out to almost 9.5 hours a day, every day without a single day off, between November 4, 1995, and December 7, 2009. This includes a seven-year stretch where Mr. Gingold billed 28,230 hours—an average of eleven hours a day, every day seven days a week without a single day off.

As anyone who has had to keep billing records knows, it is rare for ten hours of billing to take only ten hours: there are bathroom breaks, coffee breaks, meal breaks, interruptions, and so forth. There are legendary accounts of tireless attorneys who forgo family and leisure; work on little sleep; and are able to regularly bill 3000 hours a year, but they are few and far between. Perhaps Mr. Gingold is one of these exceptional individuals, so far above average that he can routinely bill 4000 hours a year without loss of productivity or health, but this proposition merits scrutiny.

Ted Frank, founder of the Center for Class Action Fairness, in a brief objecting to the proposed $3.4 billion, taxpayer-funded Cobell Indian trust settlement. The settlement includes a fee request in which solo practitioner Dennis Gingold claims to have billed over 28,000 hours in seven years — at his hourly rate of $925 an hour.

Ted Frank

* Dude, you’re not getting a Dell. How about this crappy Compaq, selling for around $300? Well, Ted Frank, previously profiled here as the Class Action Avenger, won’t stand for it. [Point of Law]

* If you’re one of the 1.1 million people who didn’t file a federal income tax return for 2007, the IRS has your refund — but you must file by April 18 to get your money back. [TaxProf Blog]

* Speaking of tax law, don’t try to deduct your visits to a prostitute as “medical expenses.” Shouldn’t a lawyer know better? [CNNMoney.com]

* Stealing money from Alzheimer’s patients can’t be new. Then again, sending people who steal from Alzheimer’s patients straight to hell probably isn’t new either. [Dealbreaker]

Does this guy qualify as a 'pimp' in California?

* Now that the federal government has banned spice, I wonder if the Empire will release all of the political prisoners being held in the spice mines of Kessel. [Constitution Daily]

* California is going to define “pimping” much more clearly. And folks, that’s why we need states like California. [Legal Blog Watch]

* A JFK assassination expert testifies about one effective suicide method. [DNAinfo]

* You think lawyers get a raw deal in movie portrayals? You should check out accountants. [Going Concern]

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