With Murdoch gone, British media can return to doing what it does best.
* A federal judge tossed out a law requiring tobacco companies to put graphic warning labels on cigarette packages. If paying $7 a pack doesn’t stop you from buying smokes, I don’t think nasty photos will either. [CNN]
* SCOTUS won’t deal with Arizona’s controversial immigration law for a couple months, but the Eleventh Circuit will hear oral arguments about Alabama’s even stricter law today. But why would you immigrate to Alabama, of all places? Thomson Reuters News & Insight]
* The Seventh Circuit ruled that police can search a cellphone for its number without a warrant. Judge Richard Posner compared it to law enforcement’s ability to open a pocket diary and copy the owner’s address. The bigger question is: do drug dealers keep diaries? [Wall Street Journal]
* James Murdoch, the News Corp. heir apparent, has resigned in the wake of the News of the World scandal and related lawsuits. Now everyone can just go back to reading British tabloids for the Page Three Girls. [Los Angeles Times]
* RIP Lynn D. “Buck” Compton, the prosecutor who secured a conviction of Robert F. Kennedy’s assassin, and the Army paratrooper portrayed in the book and HBO miniseries “Band of Brothers.” [Washington Post]
* Sammy Alito and the roots of a compassionate constitutional conservatism. By Emily Bazelon. Foreblurb by Juggalo Law. [New York Times]
* A U.S. vulture fund is having problems collecting a certain debt from the Democratic Republic of Congo via certain chinamen. Yes, I know that’s not the preferred nomenclature. But these men actually do build railroads. [Bloomberg]
* This business professor thinks law firms should start acting like real businesses. Somewhere, a theater professor thinks law firms should just start acting. [Washington Post]
* This fascinating story’s many intimations about State Senator Carl Kruger make it difficult to discern who is doinking who. Sorry, doinking whom. Whom is doinking whom. [New York Times]
* It is spring, which means the New York Mets are feisty. Silly Mets. [New York Post]
* The FDA is weighing whether to ban menthol cigarettes. Good thing Elie already quit. What’s that? You didn’t smoke menthols, Elie? Wow, this is awkward… [Chicago Tribune]
* The Barry Bonds trial is going to be a heavyweight fight. However, most of that weight will be located in Bonds’s head. [San Francisco Chronicle]
As regular readers know, this is usually the time of year I go to Vegas, blow my bonus, and come back to work a week later angrier than ever.
Well, this year, it’s going to be different. Oh, don’t worry, when I return to Above the Law’s pages on March 14th, I’m sure I’ll be all kinds of pissed off. It just won’t be because a security guard prevented me from committing suicide by MGM lion enclosure.
No, for my vacation — which begins now and ends a week from this coming Monday, in case you’re wondering — I am going to start the process of quitting smoking….
* If the Muslim Brotherhood gains power in Egypt, they will impose sharia law. Just like Oklahoma! [ABC Online]
* Lindsay Lohan took to Twitter to announce that she “was not raised to lie, cheat, or steal.” Well, nature it is. [msnbc.com]
* Arizona is suing the federal government over the porous border. Mr. Obama, build us a wall! [Reuters]
* Barry Bonds, he of the enormous dome piece, had the number of felony charges against him dropped to five. Hauling that gargantuan cranium about. I’m not kidding, that boy’s head is like Sputnik. [ESPN]
Smokers are not crazy. I know it seems like we’re crazy. I know what non-smokers think: “Why would you put something in your body that you know will give you cancer?” It’s not like the explanation is particularly complicated: 1) it’s a narcotic and people get addicted, and 2) some people aren’t terribly worried about dying.
Is that really so hard to understand? Not everybody wants to live “healthily.” Not everybody is desperate to live to 100. And some are prone to get addicted to drugs. That’s not crazy.
But don’t try telling that to the New York police. They arrested a man and threw him in a psychiatric ward for smoking on his window ledge. They claim they were worried that he was going to jump from the window ledge he was smoking on. The window was two stories off the ground.
Now the NYPD is getting sued, because this smoker is also a lawyer…
A Florida state court judge, Jeffrey Streitfeld, has decided that the largest individual award to a former smoker is excessive. The Daily Business Review (gavel bang: ABA Journal) reports on the good news for tobacco peddler Philip Morris:
Calling the $300 million jury verdict “excessive” and “shocking,” Judge Jeffrey Streitfeld said he would determine a lower award later against tobacco giant Philip Morris USA. He gave no indication when he would rule.
The landmark verdict was reached in November for Cindy Naugle, an emphysema patient who quit smoking in 1993.
There are few things that bother me more than smokers blaming tobacco companies for becoming addicted to their products. Does Philip Morris sell an illegal product? No. Do you need to be galactically stupid to smoke yet not know that smoking is dangerous? Yes. So what is the rationale for suing a company that produces a legal product you’d have to be epically dumb to not know is potentially dangerous?
As a smoker, I feel particularly qualified to say: it’s not Philip Morris’s fault if I get sick. It’s my fault. I take personal responsibility for my own health choices.
Personal responsibility. Seems like a winning argument, doesn’t it? Well, it’s pretty much the argument pursued by Philip Morris’s lawyers. And … it horribly backfired.
Judge Streitfeld has decided to step in to correct the lawyers’ mistake.
Kirkland & Ellis is known for its powerful litigators and leading litigation department. Though Gibson Dunn was happy to knock Kirkland from its Amlaw “Litigation Department of the Year” throne this year.
Kirkland is suffering another big knock this week. Litigation co-chair David Bernick has developed a tobacco addiction. Here’s a quote from Bernick included in an official firm statement and in an internal memo sent around the firm yesterday (both available in full after the jump):
“I have spent my entire career at Kirkland & Ellis and I am proud to have contributed to the growth and success of one of the top law firms,” said David Bernick. “I will remain close to my many friends and colleagues at the Firm, but I look forward to pursuing new challenges during the next phase of my career with Philip Morris International.”
After 31 years at Kirkland, Bernick is leaving to become senior vice president and general counsel of Philip Morris International, and he’s going very far away. He’ll be relocating from New York to Switzerland.
Bernick is a powerhouse at Kirkland. He has a smoking résumé. His firm bio recounts victories for big pharma, nuclear weapons plants, breast implants, and tobacco….
If you live in NYC, you’re used to smoking being banned in almost every place of business; your law dates back to 2003. DC caught up in January of 2007. However, the pro-health laws have had a harder time down south where people get all hot and bothered when the government tries to tell ‘em what to do. Here in Tuscaloosa (‘Bama), the law bars smoking in restaurants before 10:00 pm. It’s a narrow victory for the non-smokers.
Professor Althouse posted today about the loophole in the Minnesota ban that allows smoking for “actors in theatrical performances.” Non-actors in Minnesota are trying to use the exception to get around their state’s ban.
We know we have readers all around the country. What’s the status of smoking in your town’s bars and restaurants? If there is a ban, is it enforced?
* It’s a sign of the times when smoking laws have a better chance than public urination laws in justifying Operation Homeless. Or, Berkeley officials can ask Giuliani what he really did to clean up Times Square. [San Francisco Chronicle]
* Does anyone remember the dystopian Strange Days? Let that be a warning. [Feminist Law Professors]
* That ice cream girl/boy better not lean against or press down on the scale though. [Signs On San Diego]
* Why? Because I love the ongoing Brooke/Tom feud/reconciliation bit, and because I find it amazing that someone who has always been and is the most beautiful woman I’ve ever seen inexplicably has absolutely no charm, warmth or grace. [AOL Entertainment]
* He’s a lightweight but he’s no lightweight. I’m rooting for this guy, because I’m a sucker (heh) for these kinds of inspirational stories. (If you’ve seen/read Friday Night Lights, you’ll know that one of the players went to Harvard before returning to Texas for law school and Odessa to practice.) [Yahoo! News]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.