Oracle
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Intellectual Property
SCOTUS Copyright Forecast: Sunny And Fair
This SCOTUS decision does little to reassure those who believe that Google leads a charmed life as the efficient infringer extraordinaire. -
Morning Docket
Morning Docket: 04.06.21
* A new lawsuit alleges that a radio personality’s “rabid” fans forced a Florida man to leave the Sunshine State. Maybe the plaintiff was just a “snow bird”… [Tampa Bay Times]
* The highest-paid lawyers at Viacom/CBS were paid $12.7 million last year. [Bloomberg Law]
* The Supreme Court handed Google a win over Oracle in a longstanding copyright dispute. Maybe the justices just hate using Bing… [CNN]
* Harvey Weinstein has filed an appeal of his criminal conviction. [Fox News]
* A group of farmers recently filed an antitrust lawsuit against a number of agricultural companies. [AP]
* A Florida lawyer is getting recognition for helping professional wrestlers trademark parts of their personas. Guess he smells what the Rock is cooking… money. [Tampa Bay Times]
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Intellectual Property
Unfair Use, Revisited (Again): Google, Oracle, And The ‘Copyright Case Of The Decade’
The case is definitely worth watching, and how SCOTUS will rule is anyone’s guess.
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Intellectual Property
Unfair Use, Revisited: Why SCOTUS Should Review Copyrightability And Fair Use Of APIs In Google v. Oracle
This issue is far from settled, and SCOTUS review is the last resort to clarify the matter. -
Intellectual Property
Oracle v. Google: Will SCOTUS Take Up Case With Significant Software Implications?
Does copyright cover application programming interfaces? This will have significant impacts on computers, software, and technology. -
Intellectual Property
Unfair Use? Why Google's Ongoing Battle With Oracle Matters To Your Business
It's worth it to carefully review all underlying licenses to APIs before engaging in any development for commercial use. -
Justice, Labor / Employment, On The Job, Technology
In Rare Double, Labor Sues Oracle For Paying Too Much To Whites, Hiring Too Many Asians
You just don't see this kind of lawsuit every day; let's keep an eye on it. -
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Non-Sequiturs
Non-Sequiturs: 09.15.16
* A considered case for pardoning Edward Snowden by Timothy Edgar, who was on the team responsible during the George W. Bush administration for determining that most of the secret surveillance programs had a firm basis in law. [Lawfare]
* The Virginia Supreme Court denied an effort by Republican legislators to find Governor McAuliffe in contempt over an effort to restore voting rights to felons. [Richmond Times-Dispatch]
* The “Urban Cowboy” threatens to sue New York City. Most importantly, he’s lawyered up with Richard Luthmann, the Staten Island lawyer who previously sought trial by combat. This should be fun. [Gothamist]
* An omnibus look at what the election means for the courts. Beyond Justice Peter Thiel, of course. [Law.com]
* Many University of Chicago professors have denounced the “no safe spaces” publicity stunt from a few weeks ago, but the law school has largely
missed the point of the disputestayed out of the fray. [WSJ Law Blog]* You don’t see many paeans to the Lochner era, but here’s one. [Library of Law and Liberty]
* Oregon has settled with Oracle over the state’s troubled health exchange. [Oregonlive]
* Walking meetings improve productivity. Yeah, I’ve watched West Wing reruns too. [TaxProf Blog]
* ATL Editor Kathryn Rubino talks politics on the latest Today’s Verdict. [BronxNet]
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Morning Docket
Morning Docket: 05.27.16
* Yikes! Thanks to its expensive legal battle with Hulk Hogan — one that’s been revenge-financed by tech billionaire Peter Thiel to the tune of millions of dollars — Gawker Media is exploring a possible sale of the company and has hired Mark Patricof of Houlihan Lokey to provide financial advice. [DealBook / New York Times]
* Maybe Harvard Law grads are a like Carrie Bradshaw after all — except their degrees cost more than their shoes: In addressing Harvard’s 2016 grads at the Law School’s Class Day, Sarah Jessica Parker of Sex and the City admitted she had no idea why she was chosen as a speaker, and said she initially turned down the offer. [Harvard Crimson]
* Alan Koslow, formerly of Becker & Poliakoff, resigned yesterday after he was charged in a federal money-laundering conspiracy scheme. Koslow’s charge is the result of a three-and-a-half year undercover FBI sting. He faces a maximum of five years in prison and a $250,000 fine. We may have more on this later today. [Orlando Sun-Sentinel]
* “Oracle shouldn’t ‘own’ programmers simply because they had taken the time to learn Java.” Google escaped an almost $9 billion copyright lawsuit with the help of a jury that concluded the tech giant had made fair use of Oracle’s Java programming language in the creation of its Android operating system for its phone business. [Big Law Business]
* Closing the gender gap, one job at a time: The OnRamp Fellowship, a program that pairs female lawyers who want to return to practice with the nation’s top firms in the hope of receiving an offer at the end of their one-year stints, has now expanded to in-house legal departments. Congratulations on your excellent work. [WSJ Law Blog]
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Rankings, Technology
No There There For The Legal Tech Industry?
Which law-focused companies are among the fastest-growing companies in the United States? -
Abortion, Federal Circuit, Intellectual Property, Law Professors, Law Schools, Non-Sequiturs, Politics
Non-Sequiturs: 02.14.13
* Sadly, Ronald Dworkin has died at 81. [The Faculty Lounge] * Oracle really really hopes the Federal Circuit has read Harry Potter. But of course they have, because… nerds. [Groklaw] * A 16-year-old girl is suing her parents to keep her unborn baby, claiming her parents are forcing her to have an abortion. I’m sure she’s just hoping to get on the next season of Teen Mom. [KPLR 11] * Snake-handling pastor has his snakes confiscated by Tennessee cops. I had to read this twice because I assumed it was a recap from last night’s Justified. [WSJ Law Blog] * An interesting look at the false dichotomy between teaching and practice. It’s probably unfair, but all I kept thinking was, “those that can, do; those that can’t…” [PrawfsBlawg] * Jeff Kurzon is taking a break from suing law schools to run for Congress. If elected, Staci expects an invitation to the next State of the Union. [Jeff Kurzon Blog] * Overlawyered cites, presumably with disdain, a school district banning the use of a piece of playground equipment. I’m sympathetic to the school for two reasons: (1) when I was a kid, I broke my arm on a piece of playground equipment; and (2) take a look at the death trap of a machine they’re banning. [Overlawyered] * TestMasters claims that individual posters have been sharing their materials for free. This case sounds an awful lot like what brought down Litchfield Law School. [Courthouse News Service] -
American Bar Association / ABA, Bankruptcy, Biglaw, Books, Copyright, Dewey & LeBoeuf, Education / Schools, Edwards Wildman, Federal Judges, General Counsel, Google / Search Engines, Morning Docket, Partner Issues, State Judges, State Judges Are Clowns, Texas
Morning Docket: 10.05.12
* Dewey know when Judge Martin Glenn will issue his ruling on the failed firm’s proposed partner contribution plan? If all goes according to plan, we can expect to learn if the PCP’s been approved or rejected as early as next week. [Am Law Daily]
* Hot on the heels of Google’s digital-book settlement, the company announced that it would be appealing its copyright infringement jury verdict in the Oracle trial. One thing’s for sure: Judge Alsup will be angered terribly by this. [Bloomberg]
* David Askew, formerly the director of Edwards Wildman’s pro bono program, will now lead the National Association of Minority and Women Owned Law Firms as CEO and general counsel. [Corporate Counsel]
* The American Bar Association submitted an amicus brief in support of using race as a factor in college admissions, because diversity in college education is a must for diversity in law schools, duh. [ABA Journal]
* Remember the family law judge who got caught beating his daughter in a video that went viral? Now he wants the Texas Supreme Court to reinstate him, over his ex-wife’s objections. Good luck with that. [CNN]
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1st Circuit, Attorney Misconduct, Bankruptcy, Biglaw, Copyright, Defamation, Dewey & LeBoeuf, Facebook, Gay, Google / Search Engines, Job Searches, Law Schools, Legal Ethics, Masturbation, Milberg Weiss, Morning Docket, Partner Issues, Video games
Morning Docket: 06.01.12
* Dewey retired partners with unfunded pensions get a seat at the table for this bankruptcy circus? Yeah, but only because the U.S. Trustee did something unheard of and appointed a committee of former partners as creditors. [WSJ Law Blog]
* Yesterday was definitely a great day to be gay on the east coast. In addition to the First Circuit’s DOMA decision, a New York appellate court ruled that being called gay is no longer defamatory per se. [New York Law Journal]
* Milberg is the latest firm to dump Paul Ceglia of Facebook lawsuit fame, but Dean Boland, his other lawyer, says the Biglaw firm just “serve[d] as a distraction.” Somebody please give this man a dislike button. [Buffalo News]
* Humblebrag of the day by Judge Alsup of Oracle v. Google fame: he’s written lines of code “a hundred times before.” He also squashed Oracle’s API copyright infringement claims like bugs. [Courthouse News Service]
* Remember Kimberly Ireland, the Kansas attorney who falsely accused Judge Kevin Moriarty of waxing his gavel beneath the bench? She got a retroactive two-year suspension. [ABA Journal via Legal Profession Blog]
* Elizabeth Warren has confirmed that she told Harvard Law and Penn Law that she was a Native American, but only after she had been hired. She didn’t get any action of the affirmative variety, no sir. [Associated Press]
* Recent law school graduates are a little more desperate than we thought they were. At least 32 people have already applied for that BC Law job advertising a salary below minimum wage. [Boston Business Journal]
* Activision settled a lawsuit with two Call of Duty developers, but isn’t worried about an effect on its financials due to a strong third quarter performance. And you can thank your damn Elite packages for that. [PCMag]
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Abortion, Exercise, Food, Google / Search Engines, John Edwards, Morning Docket, Patents, Pro Bono, Prostitution, Public Interest, Technology, Trials
Morning Docket: 05.24.12
* Secret Service Director Mark Sullivan apologized before a Senate panel for his agency’s prostitution scandal. We bet that you’d be “deeply disappointed” too if your employees were caught stiffing a hooker on her bill. [Miami Herald]
* Day four of jury deliberations in the John Edwards campaign finance trial closed yesterday without a verdict. The former presidential candidate is probably just waiting to pack it in, get this jury declared hung, and call it a day. [CNN]
* “This case is maybe something like a near disaster for Oracle.” A jury ruled unanimously that Google didn’t infringe Oracle’s Java patents in developing its Android software. Maybe they weren’t evil after all. [Bloomberg]
* A record low of 41% of Americans call themselves “pro choice” when it comes to abortions, and only a little more than half think it should be legal under “certain circumstances.” What is this, Roe v. World? [Reuters]
* Chief Judge Jonathan Lippman put together a task force to make recommendations on how to implement New York’s new pro bono prerequisite. Please let them take law school clinic hours. [Corporate Counsel]
* Remember the lawyer who sued his posh fitness club over its failure to provide free breakfast? Not only is his suit now toast, but he also has to fork over some cash to the club’s lawyers. [New York Daily News]
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9th Circuit, Affirmative Action, Asians, Biglaw, Conferences / Symposia, Copyright, Dewey & LeBoeuf, Federal Judges, Harvard, Law Schools, Morning Docket, Murder, Technology, You Go Girl
Morning Docket: 05.08.12
* Aw, come on, Mort, Dewey really have to pay you $61M? In case you missed it last night, the only thing that made the former vice chairman’s departure memo dramatic was the insane amount that he claims he’s owed. [DealBook / New York Times]
* Congratulations to Jacqueline H. Nguyen on her confirmation to the Ninth Circuit. She’s the first Asian American woman to sit on a federal appellate court, so she’s earned our judicial diva title (in a good way). You go girl! [Los Angeles Times]
* Google might’ve infringed upon Oracle’s copyrights, but a jury couldn’t decide if it constituted fair use. Sorry, Judge Alsup, but with that kind of a decision, you can bet your ass that there’ll be an appeal. [New York Times]
* A Harvard Law professor has come to Elizabeth Warren’s defense, claiming that an alleged affirmative action advantage played no role in her hiring. And besides, even if it did, it only played 1/32 of a role. [Boston Herald]
* Classes at Cooley Law’s Tampa Bay campus began last night. Unsurprisingly, the inaugural class is double the size originally projected, because everyone wants to attend second-best school in the nation. [MLive.com]
* Albany Law will be having a three-day conference on the legal implications of the Civil War. This could be a little more exciting if presenters wore reenactment garb and did battle when it was over. [National Law Journal]
* Jury selection is underway in a second degree murder trial that will forever be known as the case where a defendant first raised the “Snooki Defense.” He didn’t kill his wife… but her spray tan did. [CBS Miami]
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Bail, Biglaw, Blackberry-Crackberry, Cellphones, Copyright, Dewey & LeBoeuf, Divorce Train Wrecks, Google / Search Engines, Intellectual Property, Job Searches, John Edwards, Law Schools, Morning Docket, Politics, Real Estate, Technology, Trials
Morning Docket: 04.23.12
* No dowry, no problem: Dewey we have a suitor for this imploding Biglaw firm? Rumor has it that Greenberg Traurig was seen whispering sweet nothings into D&L’s ear about its possible interest. [Am Law Daily]
* BlackBerry maker Research In Motion has hired Milbank Tweed to work out a restructuring plan. Just think, maybe if your product didn’t suck so hard, you wouldn’t be in this position in the first place. [Reuters]
* Sex, money, and betrayal… it sounds like another failed TV series about lawyers on ABC, but in actuality, it’s just a preview of the John Edwards campaign finance trial set to begin this week. [Los Angeles Times]
* Technophobes beware, because this copyright battle over code is getting serious. Oracle v. Google turned into Larry v. Larry in court last week as the CEOs for both companies gave testimony. [Bits / New York Times]
* George Zimmerman thought he’d have to stay in jail longer because he was having trouble coming up with his bail money, but he was released in the dead of night. Bet he looked pretty suspicious. [CNN]
* “There are [fewer students] coming in and crying. I haven’t had a crier yet, which I have had in the past.” Given the legal hiring market, that’s a real accomplishment for a career services official. [Charlotte Observer]
* Who gives a sh*t? Not this Russian fertilizer tycoon. When you’re a billionaire, buying an $88M apartment for your kid is just a run-of-the-mill transaction. Come on, he’s not hiding his assets for his divorce. [Telegraph]
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Biglaw, California, Federal Judges, Google / Search Engines, Judge of the Day, Judicial Divas, Technology, Trials
Judge of the Day: Don't Even Think About 'Hacking and Coughing' in His Courtroom
With proceedings in the “World Series” of high-tech law cases underway (aka Oracle v. Google), lawyers have discovered that the judge overseeing the matter is, well… kind of a hard-ass.... -
Morning Docket
Morning Docket: 11.24.10
* Congrats to Boies Schiller and Bingham, for their client Oracle’s record-setting, $1.3 billion verdict against SAP. It’s the largest 2010 jury award, the largest for copyright infringement ever, and the 23rd-largest of all time. [Am Law Daily; Bloomberg] * MC Hammer was wrong – the TSA can touch this. On the eve of Opt-Out […]