Privacy
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Bankruptcy, Biglaw, Crime, D.C. Circuit, Howrey LLP, Job Searches, Law Professors, Law Schools, Military / Military Law, Morning Docket, Murder, Privacy, Sex, Sex Scandals
Morning Docket: 06.04.13
* Because the Senate doesn’t work properly when it comes to doing things efficiently, Obama will nominate three candidates for the D.C. Circuit. The outrage! The horror! The court-packing! [Legal Times]
* Howrey going to sue everyone in time to meet this bankruptcy deadline? When you’ve only got a few days left before the statute of limitations expires, you file up to 33 suits per day. [Am Law Daily]
* Attack of the lawyer glut! If you’re a recent law school grad who’s still unemployed, chances are high that this chart detailing the ratio of lawyers to job openings will make you shed a tear. [The Atlantic]
* Tey Tsun Hang, the law professor convicted on corruption charges after having an affair with a student, is heading to jail for five months. Giving out all of that extra credit wasn’t worth it after all. [Bloomberg]
* Nidal Hasan, the accused Fort Hood shooter, will be representing himself in his murder trial. He’ll use a “defense of others” argument, which seems obtuse given the nature of the crime. [Huffington Post]
* Bradley Manning’s court-martial began with a bang, with the prosecution arguing that the young intelligence analyst put lives at risk, while his own attorney called him a “humanist.” [New York Times]
* Jill Kelley, the woman who helped bring about the downfall of General David Petraeus by exposing his affair, has filed a lawsuit against government officials alleging privacy violations of all things. [USA Today]
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Blogging, Cocaine / Crack, Drugs, Eric Holder, Gay, Gay Marriage, Music, Non-Sequiturs, Politics, Privacy, Technology, Videos
Non-Sequiturs: 05.29.13
* America, you won’t have Michele Bachmann to kick around anymore! The political equivalent of comic relief announced that she will not seek another term. [CNN] * Eric Holder testified that he would support reform of the ECPA. Apparently this newfound love of electronic privacy doesn’t extend to the Associated Press. [IT-Lex] * Atlanta is soon to host its Battle of the (Lawyer) Bands. LawJam 2013 is set to rock Atlanta like a litigious hurricane on June 8. Last year featured bands like Mikey Mel & the JDs, so you have a sense of what you’re getting here. [Atlanta Bar Association] * The CFTC had no idea how to do its job? Say it ain’t so! [Breaking Energy] * So the sequester has an advantage! Cocaine is going to get cheaper! [Breaking Defense] * Paul Caron has acquired a 100 percent ownership share of the Law Professor Blogs Network. Congrats! [TaxProf Blog] * Woman acquitted of manslaughter responds in the best way ever. Video after the jump… [WESH via Bing] - Sponsored
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Barack Obama, Department of Justice, Eric Holder, Politics, Privacy, Tax Law
Righteous Indignation: On the IRS Abuses and the Banality of Bureaucratic Evil
Ed. note: This is the latest installment of Righteous Indignation, our new column for conservative-minded lawyers. You probably saw this week’s topic coming. Until the folks at One First Street start tossing Elie and me some fresh meat to tussle over, my indignation — righteous as it is — must be directed elsewhere. Unless EM […]
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D.C. Circuit, Department of Justice, Non-Sequiturs, Privacy
Non-Sequiturs: 05.14.13
* Even JFK had mommy issues. Unfortunately, his came with possible nuclear armageddon. [Lowering the Bar] * Washington, D.C. is a horrible back-biting hellhole. Except for the D.C. Circuit, where Judge Tatel and Chief Judge Sentelle apparently hold weekly kumbaya circles and talk about their feelings. [Concurring Opinions] * Prosecutors file motions to keep George Zimmerman’s lawyers from bringing up Trayvon Martin’s past in the trial. Probably because “getting into school fights” is not particularly probative of “deserved to get murdered.” [WKMG] * Another look at the DOJ/AP scandal from a unique perspective: a privacy lawyer who used to be a journalist. [Inside Privacy] * Jones Day landed the plum job as restructuring counsel for Detroit by one “point.” [AmLaw Daily] * When you’re choosing an expert witness, you should really look for that elusive “part-Don Draper, part-Lois Griffin” type. [The Expert Institute] * This was an actual problem I encountered when I had to edit the bills of some of my colleagues. [First World Lawyer Problems] -
Abortion, Barack Obama, Crime, Deaths, Drugs, Health Care / Medicine, Murder, Politics, Privacy, Trials
Righteous Indignation: The Trial of Dr. Kermit Gosnell and Some Thoughts on Abortion
The criminal trial of Dr. Kermit Gosnell raises a question: What is the difference between late-term abortion and infanticide? -
Privacy, Technology
Cybersecurity Bill Allows Employers To Seize Employee Facebook Passwords... Wait, What?
It may claim to be about protecting people online, but CISPA supporters are actually downright hostile to protecting individuals on the Internet. -
Non-Sequiturs, Politics, Privacy
Non-Sequiturs: 03.12.13
* How bad is the job market? Wisconsin Law grad seeks unpaid position pushing a cart. [New York Daily News] * Effortless Senate filibusters are really lame. And have been for a really long time. [Volokh Conspiracy] * There’s a middle ground between “telling your significant other the whole truth” and “faking your own kidnapping.” […] -
9/11, American Bar Association / ABA, Anthony Kennedy, Benchslaps, Biglaw, Football, Law Professors, Law Schools, Morning Docket, Privacy, SCOTUS, Sports, Supreme Court, Technology, Trademarks
Morning Docket: 03.08.13
* In case you didn’t catch this yesterday when it was announced, Osama bin Laden’s son-in-law, Sulaiman Abu Ghaith, is currently being held for trial in New York City. This will be the most unbiased jury in the world. /sarcasm [New York Times]
* According to Justice Anthony Kennedy, democracies shouldn’t depend “on what nine unelected people from a narrow legal background have to say.” Well then! I suppose we should look forward to the uprising. [The Big Story / Associated Press]
* Cooley and Winston & Strawn are working on the $600 million sale of everyone’s favorite store for slutty Halloween costumes, Hot Topic. Apparently that store still exists. I had no idea. Good to know! [Am Law Daily]
* Proskauer Rose is now the most powerful Biglaw firm in the sports world. It just goes to show that even if you’re too awkward to play ball, it doesn’t mean you can’t hit it out of the park in court. [Sports Illustrated]
* “I would love to blink and wake up in 10 years and see where all this ends.” Unemployed law grads are probably saying the same thing, but hopefully these law school law firms will be beneficial. [New York Times]
* A group of legal heavy hitters — “The Coalition of Concerned Colleagues” — submitted a cutting letter to the Task ABA Force on Legal Education. Next time, try “The Law School Avengers.” [WSJ Law Blog (sub. req.)]
* If it’s proven that enough Native Americans find the Redskins team name offensive, the Trademark Trial and Appeal Board may cancel the mark. Would it be offensive to call the TTAB Indian givers? [National Law Journal]
* An apple a day may keep the doctor away, but benchslaps are another thing entirely. Sorry, Gibson Dunn, but your document production “mistake” was “unacceptable” in Judge Paul Grewal’s courtroom. [Bloomberg]
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Lawyer Advertising, Privacy, Small Law Firms, Technology, Trademarks
Buying the Names of Your Competitors Is Good Business, Totally Shady
Can you buy the names of your competitors for advertising purposes? Wisconsin says, "yes!" -
Biglaw, Constitutional Law, Deaths, Department of Justice, Election Law, Federal Judges, Job Searches, JPMorgan Chase, Law Professors, Law Schools, Mergers and Acquisitions, Money, Morning Docket, Musical Chairs, Politics, Privacy, S.D.N.Y., SCOTUS, Supreme Court
Morning Docket: 02.25.13
* The horror! The horror! Sacrilege! Constitutional law nerds nationwide will weep at the very thought of someone suggesting that our country’s governing document be amended to abolish life tenure for Supreme Court justices. [Los Angeles Times]
* Quite frankly, it’s pretty amazing how quickly the preclearance section of the Voting Rights Act went from being seen by states as something that wasn’t “onerous” to being “arbitrary and burdensome.” That’s politics for you. [It’s All Politics / NPR]
* Jim Woolery, an M&A superstar formerly of J.P. Morgan, has made the jump to Cadwalader after only two years at the bank. Upgrade or downgrade from his Cravath partnership? [Wall Street Journal (sub. req.)]
* Some law professors stop teaching classes to tend to their divorce proceedings, but others law professors teach classes from their hospital beds so their students aren’t thrown to the wolves. [Tex Parte / Texas Lawyer]
* It you want to be employed, make damn sure you nail your interview because “[t]he stakes are higher than ever” — fewer than 13 percent of permanent law jobs were obtained from OCI in 2011. [National Law Journal]
* Greenlight Capital’s case against Apple might have been perceived as a “silly sideshow” by some, but it looks like Judge Richard Sullivan of the S.D.N.Y. purchased front row tickets. [DealBook / New York Times]
* Speaking of silly sideshows, the DOJ recently joined the fray with Floyd Landis and his False Claims Act suit against Lance Armstrong. Perhaps it’s time for the disgraced biker to take his ball and go home. [Bloomberg]
* Alan Westin, privacy law scholar and professor emeritus of public law at Columbia, RIP. [New York Times]
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Immigration, Labor / Employment, Magic Circle, Non-Sequiturs, Pepper Hamilton, Privacy, White-Collar Crime
Non-Sequiturs: 02.21.13
* A study finds that over 93 percent of attorneys, judges, and legal writing professors think the writing they’re reading is bad. One could argue this is evidence of a crisis in writing skills. Or one could argue that lawyers are a**holes who think every voice other than their own is wrong. It’s a 50/50 […] -
American Bar Association / ABA, Attorney Misconduct, Bankruptcy, Biglaw, Bonuses, California, Dewey & LeBoeuf, Federal Judges, Law Schools, Legal Ethics, Money, Morning Docket, Munger Tolles & Olson, Partner Issues, Patents, Privacy, SCOTUS, Stephen Breyer, Supreme Court, Travel / Vacation, United Kingdom / Great Britain
Morning Docket: 02.18.13
Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will be back in full swing tomorrow. We hope that you will enjoy your day off, but please feel free to lament your lack thereof in the comments.
* “[T]hey don’t want to hear nothing.” Vedel Browne, the man accused of robbing Stephen Breyer at machete-point while the justice was vacationing in his home in the Caribbean, now claims that he’s innocent, mon. [St. Kitts-Nevis Observer]
* You know what, the farmer in the Super Bowl commercial probably didn’t have to deal with bullsh*t like Monsanto’s seed patents, but today’s farmers do, and they’ll argue their case before the Supreme Court this week. [New York Times]
* “I’m a betting man. And I would bet and give odds that Sullivan & Cromwell has never said that publicly.” Who dares question S&C’s stance in the hot mess that is Herbalife? None other than Carl Icahn. [Am Law Daily]
* Here’s an important Biglaw math lesson that’s been provided to us via California-based firms like Irell & Manella, Munger Tolles, and Orrick: a little revenue minus a lot of partners equals profitability. [Recorder]
* Amid a flurry of filings on Valentine’s Day, love must’ve been a battlefield for the embattled Dewey & LeBoeuf refugees who were in desperate search of their once promised 2011 bonuses. [WSJ Law Blog (sub. req.)]
* From the department of things that suck: having to defend your office’s alleged “underhanded tactics” in a $150 million wrongful conviction case while you’re trying to get re-elected as district attorney. [New York Times]
* We got bitches in the office lawyerin’ on, and they ain’t leavin’ till six in the mornin’ — unless they want to be fired. An ex-Travers Smith trainee claims she was canned for leaving the firm “early”… at 6:30 a.m. [Telegraph]
* If it weren’t for Cosmo, this woman wouldn’t have known her landlord was an alleged creeper. A Maryland lawyer now faces criminal charges for allegedly filming his female tenants in the nude. [Washington Post]
* “We wants it, we needs it. Must have the precious!” The ABA officially put Florida A&M on notice that its law school accreditation may be in jeopardy if they don’t shape up in terms of bar passage. [Orlando Sentinel]
* What do you do the second you step off a cruise ship that’s been described as “a floating toilet, a floating petri dish, a floating hell”? You grab the very first lawyers you see, and sue! [Nation Now / Los Angeles Times]
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Biglaw, Blank Rome, Books, California, Confirmations, Defamation, Lateral Moves, Lindsay Lohan, Morning Docket, Musical Chairs, New York Times, Partner Issues, Privacy, Prostitution, SCOTUS, Secretaries / Administrative Assistants, Sonia Sotomayor, Supreme Court
Morning Docket: 01.30.13
* Justice Sotomayor’s memoir made the NYT’s best-seller list, and in terms of sales, she’s officially beating the pants off other Supreme Court justices who’ve released books of a similar nature. [WSJ Law Blog (sub. req.)]
* In case you were sleeping under a rock yesterday when this happened, John Kerry was confirmed by the Senate as secretary of state. Don’t think we’ll be getting a Texts From John Tumblr, though. [New York Times]
* Despite having a “pretty spectacular” year, Blank Rome’s legal secretaries may soon find themselves blankly roaming in search of new employment. Better hurry up, the buyout offer expires on Friday! [Legal Intelligencer]
* Straight up now tell me, do you really wanna sue me forever? Corey Clark once claimed he had an affair with American Idol judge Paula Abdul, and now he claims MoFo and Gibson Dunn defamed him. [Am Law Daily]
* In this round of musical chairs, we learn that Orrick hoovered up three energy and project finance partners from Bingham, one of whom will co-chair the firm’s U.S. energy group. [Thomson Reuters News & Insight]
* Remember the Zumba prostitution ring? Now we know you can’t be prosecuted for secretly filming Johns in the act in Maine, because there’s no expectation of privacy in “bordellos, whorehouses, and the like.”[Wired]
* Energy drink makers are facing class action suits over claims made about their products. Fine, Red Bull may not give you wings, but it tastes like piss, and that’s gotta count for something, dammit. [National Law Journal]
* Much like herpes, Lindsay Lohan’s legal drama is the gift that just keeps on giving. Her longtime lawyer Shawn Holley wants out, and her new lawyer, Mark Heller, isn’t even licensed to practice in California. [CNN]
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Grade Reform, Law Professors, Law Schools, Privacy, Screw-Ups
Would You Like To See The Grades Of All Your Classmates? Then You Should Have Gone To This Top Law School!
Grading disaster at Michigan... -
Facebook, Privacy, Social Media, Social Networking Websites, Technology
Facebook Sends Most Of America An Offer To Settle A Class Action Lawsuit For $10
Did you get an email from Facebook about its class action settlement? -
Money, Pictures, Privacy, Social Media, Social Networking Websites, Technology
Everyone's Freaking Out Over Instagram's New Money Filter
Instagram is trying to monetize its business by leasing users' photos to advertisers. Users aren't fans of the idea... -
Associate Bonus Watch 2012, Benchslaps, Bonuses, Canada, Labor / Employment, Media and Journalism, Non-Sequiturs, Privacy, Shameless Plugs
Non-Sequiturs: 12.04.12
* Judicial benchslap catfight over administrative orders. Man, I didn’t think I could make the word “catfight” sound so unsexy, but there you go. [The Chief Jester] * Is it a federal crime to read Above the Law at work? If so, download the app. [Workplace Law Prof Blog] * Speaking of apps, te “App from Hell” would be more interesting if it were actually an app. But hiring Professor Dan Solove to teach your colleagues about privacy is still a good idea. [Teach Privacy] * A dean of the University of Ottawa Law School wrote an op-ed defending Canadian law schools (which aren’t even as bad as U.S. law schools). Remember when deans didn’t have to defend law schools because there were “jobs” for “new attorneys”? [Canadian Lawyer] * Here’s an article about Formula 1 racing that you don’t need Google translator to read. [Dealbook] * Bonus podcast! I mean, Lat did a podcast with the ABA Journal about bonuses, not that there’s a podcast you can listen to in order to get a bonus. [ABA Journal] * Bonus Lat! I mean, here’s a story about David Lat and the changing coverage of law firms and the legal profession. [Details] -
Constitutional Law, Pornography, Privacy
FBI Dad Finds Handy Fourth Amendment Workaround to Bust School Principal for Child Porn
Thanks to this spyware program, an FBI dad got a gift-wrapped child porn case from his son's principal... -
Copyright, Facebook, Intellectual Property, Privacy, Social Media, Social Networking Websites, Technology
Facebook Laughs as Peon Users Attempt to Reclaim Their Privacy and Copyright Interests
Facebook's privacy rules are changing, and people are attempting to use status updates to override the system. That doesn't exactly compute with the real world... -
2nd Circuit, Bankruptcy, Biglaw, California, Cellphones, Dewey & LeBoeuf, Facebook, Federal Judges, Gay Marriage, Gender, Morning Docket, Privacy, SCOTUS, Supreme Court, Technology
Morning Docket: 11.26.12
* Will it be DOMA or Prop 8? The countdown until Friday starts now, because everyone’s waiting to see whether the Supreme Court will grant cert on one of the five same-sex marriage cases that has come before the high court. [UPI]
* Walk like an Egyptian — or, in this case, you can protest like one. Judges and lawyers are on strike and filing legal challenges to President Mohamed Morsi’s “unprecedented attack on judicial independence.” [New York Times]
* Dewey know when this failed firm’s bankruptcy plan will be approved? Team Togut is hoping for a February resolution, but the rascally retirees may throw a wrench in things with their committee’s continued existence. [Am Law Daily]
* Even though the Northern District of California has a historic all-women federal bench — a courthouse of their own, if you will — there’s probably no need to tell them that THERE’S NO CRYING IN LITIGATION. No crying! [The Recorder]
* New technology + old laws = a privacy clusterf**k. This week, a Senate committee will contemplate whether the Electronic Communications Privacy Act needs to be updated to get with the times. [New York Times]
* The New York State Bar Association may oppose it, but Jacoby & Meyers’s challenge to the state’s ban on non-lawyer firm ownership shall live to see another day thanks to the Second Circuit. [New York Law Journal]
* An Alabama Slammer is both a dangerous cocktail and a term for what happens when your Southern law school refuses to cut its class size and you’re left woefully unemployed after graduation. [Birmingham News]
* Casey Anthony finds relevancy again! Girls in my high school used to search for “foolproof suffocation” on Google and later get acquitted of murdering their daughters all the time; it was no big deal. [USA Today]
* Dean Boland, aka Paul Ceglia’s gazillionth lawyer in the Facebook ownership case, will soon find out if can withdraw as counsel. He’s got other things to deal with, like a $300K child porn judgment. [Wall Street Journal]