Wednesday, November 11, 2009

John O’Connor, Justice Sandra Day’s Husband, Died Today

The Associated Press reports that John J. O’Connor III died today at 79 of complications arising from Alzheimer’s disease.

John and Sandra Day O’Connor met as law students at Stanford.

The O’Connors were married in 1952 and became a leading couple on Washington’s social scene when they moved from Arizona in 1981 following her confirmation as the first woman on the Supreme Court.

Justice Sandra Day O’Connor stepped down from the Supreme Court in 2005 in order to care for her husband as his Alzheimer’s disease worsened.

Husband of retired Justice O’Connor dies [Associated Press]
Justice O’Connor’s Husband Dead at 79 [BLT]
Sandra Day O’Connor’s Husband Dies [Washington Post]

Introducing the Man Who Will Represent Maj. Nidal Malik Hasan

galligan We blogged on Monday a story out of the Houston Chronicle about what was likely to happen to Maj. Nidal Malik Hasan, the Army psychiatrist accused of killing 13 and wounding dozens of people last week at the Fort Hood military base. Click here, as well, for a WSJ story, from Dionne Searcey, Gary Fields and Nathan Koppel, picking up the thread.

“It’s really going to be a long road, even if he’s convicted and receives the death penalty,” said Michelle Lindo McCluer, director of the National Institute of Military Justice at American University’s Washington College of Law, to the WSJ.

On Tuesday, thanks to reporting from the WSJ reporters Stephanie Simon, Miguel Bastillo and Ann Davis, we learned a little bit more about the lawyer who will plead Hasan’s case. His name: John Galligan.

According to the story (link not yet available), Galligan, a retired Army colonel .

Breaking News: Bear Defendants Found Not Guilty on All Charges

This just in: a jury in Brooklyn has found the defendants in the Bear Stearns case, Matthew Tannin and Ralph Cioffi, not guilty on all charges. Click here for the story, from Amir Efrati.

The former Bear Stearns hedge fund managers, Ralph Cioffi and Matthew Tannin, were on trial for various fraud counts, essentially accused of lying to their investors about the health of two funds as they were collapsing in 2007.

The trial didn’t go altogether smoothly for the government. More than one government witness strayed from the script, and ended up providing testimony that wasn’t exactly damaging to the defendants’ cases. The judge on the case, Frederick Block, ruled the jury couldn’t consider one of the prosecution’s emails, as well.

Jury deliberations began Monday morning.

The verdict brought to an end a two-year saga involving the former managers, Cioffi and Tannin, who were accused of lying to their investors about the health of two mortgage-related funds that collapsed in 2007. Those failures were the first of several blows . . .

Minnesota vs. National Arbitration Forum

The National Arbitration Forum and the Attorney General of Minnesota have reached an agreement under which NAF will cease accepting new arbitration cases involving consumers, including collection actions by credit card companies. The consent decree (dated July 17, 2009) does not apply to ICANN domain name disputes nor to certain other types of arbitration matters currently administered by NAF.

See also the AG's press release, her earlier complaint against NAF, and NAF's statement on the settlement.

The Attorney General has also asked the American Arbitration Association to exit the consumer arbitration field. (Another company, JAMS, also offers consumer arbitration services, but apparently has not been approached by the AG.)

Update, 7/22/09: The American Arbitration Association says it will stop handling consumer debt collection cases "until some standards or safeguards are established." Wall Street Journal, July 22, 2009, page A1 (full text of story here). See also Deepak Gupta's take in CL&P Blog. Governor Steve Beshear of Kentucky is seeking to seize more than one hundred gambling-related domain names. A judge initially rejected the governor's bid and has scheduled a hearing for October 7. See coverage in the Louisville Courier-Journal, DomainNews, and The Iconoclast.

John Levine's take on the issue sounds right to me. I doubt very much that Kentucky has adequate grounds for jurisdiction over the domain names, the registrants, the registrars, or the registries. Any registrar that voluntarily forfeits a domain name on behalf of a registrant is likely asking to be sued.

Monday, November 9, 2009

Mesothelioma Lawyer Lawsuit

Lawsuit

A mesothelioma lawsuit can help you recover money for the future. Contact us for a free review of your case.

If you have received a diagnosis of mesothelioma, our law firm can help you file a mesothelioma lawsuit to recover damages associated with the development of this asbestos related cancer. A mesothelioma case can help you receive funds for medical bills, lost wages and pain and suffering.

Mesothelioma cancer is usually a result of exposure to the asbestos carcinogen. This illness can remain dormant in the person who has been exposed to asbestos for up to four decades. So it is not uncommon to see those who were exposed to asbestos back in the 1960s come forward to say they recently developed mesothelioma.

For well over 100 years, asbestos was used to insulate power plants and to cover pieces of equipment such as pipes and furnaces. In many cases, protective clothing worn by workers also contained asbestos, heightening the risk of exposure. Additionally, those employees who did not directly come into contact with asbestos may have been exposed because so much asbestos was released in their work environment.

The attorneys in the Weitz & Luxenberg P.C. Mesothelioma Litigation unit have seen firsthand how a mesothelioma diagnosis can affect people’s lives. We are a leading plaintiffs’ law firm that has represented people harmed by mesothelioma for over 20 years. If you would like a free assessment of your potential lawsuit or more information about your legal options, please complete the form on this page, and a representative of our law firm will contact you as soon as possible. Note: The time in which you may file a claim is limited, so it is best to file as soon as possible.

Mesothelioma Lawyer Settlements

Settlements

We have helped many mesothelioma clients like you achieve settlements. Contact us for a free review of your case.

People from all walks of life contact us to discuss an illness resulting from the negligence of asbestos manufacturers. We tell them they have a right to seeks money compensation for an asbestos injury, and that we have been successful in obtaining such verdicts and settlements since 1986.

If you have received a diagnosis of mesothelioma, another asbestos-related cancer, or asbestosis, you should know that you have legal rights. Partnering with a lawyer to help you file an asbestos claim is the first step to achieve compensation.

Our mesothelioma lawyers have fought for the rights of boiler inspectors, mechanics, pipe fitters, and engineers, as well as those who served in the Navy on war ships. Exposure to asbestos is still common in many jobs, chief among them construction and insulation. Below are just a few of our asbestos verdicts and settlements:

$53 million verdict for a brake mechanic suffering from mesothelioma
$37 million verdict for 2 asbestos lung cancer plaintiffs
$47 million verdict for a boilermaker who died from mesothelioma
$75 million verdict in a historic consolidated trial involving men who had worked at the Brooklyn Navy Yard
$12.7 million verdict for an iron worker who was injured due to unsafe working conditions
$64.65 million award for 4 asbestos plaintiffs
$17.5 million in a consolidated trial of 5 mesothelioma victims
$25 million jury verdict for a brake reliner
$30 million verdict for 7 former power-plant workers suffering from asbestos-related illnesses
$14 million consolidated verdict for 5 asbestos-related cancer suits: shipyards/powerhouses/construction
$3.5 million in 2 asbestos exposure cases
$44 million verdict for 5 asbestos cases, including $11.6 million awarded to widow of sheet metal worker

Money awarded in settlements can ultimately be used to provide for family members and obtain costly medical care. If you would like a free assessment of your potential mesothelioma case or more information about what you can do, please complete the form on this page, and a representative of our law firm will contact you shortly. Note: The time in which you may file a claim is limited, so it is best to file as soon as possible.

Your Mesothelioma Lawyer

Making a difference in thousands of lives, one case at a time.

When you are ready to file a claim against those responsible for your illness, a mesothelioma lawyer at Weitz & Luxenberg will be there.

A mesothelioma diagnosis isn’t easy, but if you have chosen to pursue a lawsuit against those responsible for your health concerns, a mesothelioma lawyer from our firm will make the path to legal success as smooth as possible.

Having a dedicated hands-on mesothelioma lawyer will be crucial as you move forward with your asbestos claim. Rest assured, our firm has been litigating mesothelioma cases just like yours for over 20 years, and winning verdicts and settlements for our clients.

Companies that made asbestos products, along with those that allowed employees to work with the known carcinogen unprotected, need to be held accountable–this includes asbestos manufacturers, distributors and contractors. Together, we can seek justice for the harm asbestos caused you.

Many people have told us their work environment led to a diagnosis of mesothelioma, asbestosis or lung cancer from asbestos.

If this has been your experience, a mesothelioma lawyer may be able to help.

The mesothelioma attorneys at Weitz & Luxenberg P.C. have spearheaded some of the most groundbreaking mesothelioma lawsuits in the country. If you would like a free assessment of your mesothelioma case or more information about your legal options, please complete the form on this page, and a representative of our law firm will contact you as soon as possible.

Note: The time in which you may file a claim is limited, so it is best to file as soon as possible.

Saturday, November 7, 2009

San Diego Asbestos Lawyers CA Mesothelioma Solicitor

Our firm has the experience that you represent. As experts in asbestos litigation, we take a small number of cases per year, allowing our lawyers to focus our resources on your case. With 35 years experience, is the mesothelioma attorney for you in the company that made asbestos litigation, the pioneering work. In San Diego? Call today for a free evaluation by a mesothelioma lawyer.

http://www.youtube.com/watch?v=scnkPLLqEiE&hl=en

Thanks To : Yahoo small domain SCHOOL IN LOAN CONSOLIDATION school loan refinance PHOENIX DUI ARIZONA

How to Find Mesothelioma Lawyers Law Firms

If you have been diagnosed with Mesothelioma (type of cancer that is caused by asbestos exposure) and want to learn how to find a mesothelioma lawyer, you can follow the below steps. In just minutes, you will be able to find Mesothelioma Lawyers, just by following the below Mesothelioma Lawyers search tips.

Instructions:-

Step 1

FIND A MESOTHELIOMA LAWYER:-
To find Mesothelioma lawyers in your city or state, start off by doing a search on Google. Once you have opened up Google, type in Mesothelioma and the city or state you live in. For example: Mesothelioma Lawyers San Diego or Mesothelioma Lawyers California or Mesothelioma Lawyers San Diego California.
Step 2

VISIT MESOTHELIOMA LAWYER WEBSITES:-
Once you completd your Mesothelioma Lawyer search on Google, click on some of the links of the different lawyers. Click on a few links to view multiple Mesothelioma Lawyer Websites. Don’t just contact the first one you find.
Step 3

RESEARCH MESOTHELIOMA LAWYERS:-
Check out their website and read more about the law firm. View sections of the Mesothelioma lawyer websites such as: About Us, Cases, Services.
Step 4

CONTACT MESOTHELIOMA LAWYERS:-
After you have completed your research on Mesothelioma Lawyers, put together a list of ones you want to contact. Visit there websites and email the lawyer for more information or contact by phone. Be sure to give details regarding your Mesothelioma diagnosis and see if they will be able to help you. Another important question to ask each Mesothelioma law firm is how much their fee is if they were to represent you. Be sure to ask for references or check the law firm with the Better Business Burearu first before deciding to choose the law firm to represent your Mesothelioma case.

Mesothelioma Lawyers: San Diego

Frederick Schenk

Frederick Schenk, a senior partner of the firm, has been practicing law for over 28 years. In 1996, he was selected by San Diego Magazine as the best asbestos attorney in San Diego and obtained the largest verdict ever against an asbestos manufacturer in the County of San Diego. In 2005, the San Diego Daily Transcript ranked him as one of the Top 10 lawyers in San Diego, and was again recognized as a top lawyer in 2007. Since 2005, he has been honored by being listed in Woodward and White’s “Best Lawyers In America”. In addition to his successful mesothelioma litigation practice, Mr. Schenk has tried and litigated numerous product liability, automobile collision, premises liability, F.E.L.A., maritime, and other serious personal injury cases. He also participated with other partners of Casey Gerry in representing Governor Gray Davis achieving the nation’s largest settlement against the tobacco industry; a settlement on behalf of Californians of over $25 billion. He is a past recipient of the Outstanding Trial Lawyer Award presented by the Consumer Attorneys of San Diego, for having received the largest ever asbestos personal injury verdict in San Diego County.

His unique knowledge in the area of automobile collision litigation was also recognized when he was selected as a consulting editor for Matthew Bender’s Legal Publication, "Pleading and Practice Vol. 8", on Automobiles. In addition, he is co-author of LexisNexis Publishing’s, "California Automobile Collision Handbook," first published in 2000 and updated yearly.

In 1994, Mr. Schenk was elected by his peers to serve as president of the Consumer Attorneys of San Diego. In 2006, he served as the president of the Civil Justice Foundation, a Washington D.C. based non-profit organization which raises money and grants funds to consumer groups that assist people throughout the United States. He was vice president of the 22nd District Agricultural Association (Del Mar Fairgrounds) in 2006, having served on the fair board between 2002-2006.

Between 2000-2002, Mr. Schenk served as president of the Lawrence Family Jewish Community Center of San Diego. Raised in Los Angeles by immigrant parents, Mr. Schenk speaks fluent Hungarian. In his spare time, he likes to travel with his wife Shari and their three children. He is a devoted Padres baseball fan and enjoys playing racquetball.

Law Profs Gone Wild! UT’s Bobbitt Slams Milberg in Suita

Well this is quite weird. I understand the situation, laywers are facing now a days but this is not the right way to express their pain.
Am i right?
YEs i am right.
Now a days i am hearing a lot of lawyers and prof.. of law getting fool and ridiculous hope in future they care about it and the reputation of law :)

Well what so ever here is the brief news
:
:

bobbitt

Can we call this a trend: law professors tucking their grievances not into law review articles, but federal court complaints? (Gosh do we hope so. Law school deans, to any of you who may be reading, we think you should encourage it. Get each of your professors to file one federal lawsuit a semester. Staff the cases with go-getting 3Ls, create marketing material about about your clinical opportunities, and watch your applications soar! Hello, U.S. News!)

Yes, we’re getting ahead of ourselves. But we couldn’t help but notice that shortly after a University of Miami professor sued Above the Law editor David Lat (only to withdraw his suit days later), another academic has taken his gripe to the courthouse door. UT law professor Phillip Bobbitt earlier this week sued the law firm formerly known as Milberg Weiss, now known just as Milberg. Click here for the complaint.

So what’s Bobbitt’s gripe?

Bobbitt claims that in late 2000, he made an investment into a Variable Annuity Life Insurance Company annuity contract as part of a retirement plan. Bobbitt became a class member when Milberg filed a putative class-action lawsuit against VALIC in 2003, alleging that the company sold investors products that already qualified for favorable income tax treatment. This resulted in investors paying additional fees without receiving any additional tax benefit.

In regard to Milberg, Bobbitt claims that after winning class certification, Milberg missed a host of deadlines, which led to a parade of horribles, which ultimately led to the court granting summary judgment on behalf of VALIC.

Reads the complaint:

Defendants’ failure to comply with the Court’s Scheduling Order has cost the individual members of the Class the valuable negotiating leverage provided by a certified class. Just as importantly, the Court’s order put the Defendants on notice that their clients, the absent members of the Underlying Class, were in jeopardy of losing all of their rights against VALIC in connection with the underlying claims due to statute of limitations issues.

The complaint, filed in federal court in Phoenix by lawyers at Lewis and Roca, requests punitive damages against Milberg and a host of Milberg attorneys.

A spokesman for Milberg said the suit “has no merit whatsoever.”

A call to Bobbitt, who’s teaching this term at Columbia, was not immediately returned.

Sexual harassment law: Pakistan

Sexual harassment law

While we welcome the new legislation — we should also point out that there ‘is a long way yet to go,’ Sherry Rehman cautioned. –Photo by APP

( I dont care about law but one thing is sure, PPP is living on her, doesnt matter how old is she.
But she is still sexy and ohhh b**bs.You can ask Gilani, current President of Pakistan, about that ;) )

The first step has been taken ‘towards changing the lives of women at the workplace,’ to quote Sherry Rehman, the PPP MNA, former minister for women’s development and architect of the newly enacted law under discussion. This is in the form of the Criminal Law (Amendment) Bill that was passed by the National Assembly on Wednesday after having been in the works for months. Meticulously drafted, the document enhances the punishment already prescribed under the law for sexual harassment and facilitates effective prosecution by defining ‘harassment’ unequivocally.

These amendments to the PPC and CCP are designed to address the age-old issue women have faced in patriarchal societies — intimidation in public places — that inhibits them from stepping out of their homes. The political will displayed by the present government to improve the status of women is encouraging. Towards the same end, a bill on domestic violence was adopted by the assembly three months ago. Harassment can be tricky to prove legally, especially in an environment that is not too friendly towards women and where men have not been sensitised to issues concerning the dignity of women. Small wonder the existing provisions of the PPC could never be invoked because they were toothless. The effectiveness of the new laws will only be tested when a case is brought before a court of law.

While we welcome the new legislation — to be followed by another bill focusing on sexual harassment in the workplace — we should also point out that there ‘is a long way yet to go,’ as Ms Rehman cautioned. As the moving spirit behind this law, she understands well the long struggle women in Pakistan have had to wage to win empowerment. The main obstacle they have faced is the entrenched social prejudice that relegates women to a subordinate status in public and family life. In the absence of general awareness of women’s rights and the ingrained perception of male superiority, legislation enacted to protect women has not found practical implementation. Very often women themselves are so conditioned that they fail to put up the fight needed to win their rights.

Under the new law, the onus of taking action will rest on women. Will they take the initiative, especially when fears are already being expressed by some men that the law will be misused to ‘settle old scores’? Hence the need of the hour is to educate and conscientise women about their rights so that real and meaningful change is brought to their lives. This calls for a holistic approach with a campaign on several fronts to change existing mindsets.

Friday, November 6, 2009

Smoking bans cut heart attack risk: study

In my last post i told you about anti smoking law being violated. Yeah thats true, unfortunately nobody is following law.
What is smoking lets talk again. I told you before its a big disease and moreover an addiction.
What is addiction you know about person using drug like "Heroin". How much we hate that person but what he do :( he is addicted same happen with smoker we should care about it this is so serious.
We dont care about our children sooting smoke blah blah blah thats look creepy believe me they are wasting their life.

Here is the example:

SMOKING bans lead to a reduced risk of heart disease and heart attacks for nonsmokers posed by second-hand smoke, researchers reported Thursday.
The study was conducted by the Institute of Medicine of the National Academies and sponsored by the US Centers for Disease Control and Prevention (CDC).
According to the Associated Press, the surgeon general in 2006 cited “overwhelming scientific evidence” to show that thousands of people die each year from lung and heart disease. “If you have heart disease, you really need to stay away from secondhand smoke. It’s an immediate threat to your life,” said study co-author Dr. Neal Benowitz of the University of California. The Institute of Medicine committee noted “the repeated finding of decreased heart attack rates overall after bans were implemented conclusively demonstrates that smoke-free policies help protect people from the cardiovascular effects of tobacco smoke.”
CDC director Dr. Thomas Frieden said the report showed that smoke free laws reduce the incidence of heart attacks in non-smokers. “But still, most of the country lives in areas that don’t have comprehensive smoke-free laws covering all workplaces, all restaurants and all bars,” he added. The committee studied data from 11 studies on smoking bans in the US, Canada and Europe. They found “remarkable consistency” linking smoking bans to a drop in heart attack rates ranging from 6 percent to 47 percent. “Consistency in the direction of change gave the committee confidence that smoking bans decrease the rate of heart attacks,” the committee said. – RO
“This really communicates the benefits for nonsmokers. Nonsmokers are at risk. It’s always been an important point,” said Dr. Lynn Goldman of Johns Hopkins University in Baltimore, who chaired the committee.
“Now we know it’s not only in terms of cancer risk but cardiovascular disease risk.”
“An estimated 80 million American adults have one or more types of cardiovascular disease, and Nearly 3 of 4 U.S. adults have at least one major cardiovascular risk factor,” according to the CDC. – RO

So what you guys thing we should leave smoking its not healthy come on guys now its proven :)

Anti-smoking laws being violated

i personally dont like smoking. It is a disease that cut you, hurt you, drill you, erase you, piss you, even kiss you na just joking, but it kills you slowly and slowly.

Read this if you can this is true 100% true.

Now lets talk about law about smoking. I dont know much about any other country but Pakistan.
Here law is not so good but resonable. No one is following it people are violating anti smoking from day one and no one is taking actions.
Read below
..
..
..

ISLAMABAD (APP) - Smokers violating the law of complete ban on tobacco use at work and public places have still continued this practice in the federal capital. Citizens complained that after withdrawal of Statutory Rules and Orders (SRO), all public and work places have become smoke-free, therefore, smokers should not be allowed smoking or using tobacco in any other form in any public place.
They said individuals and offices are clearly violating the ordinance. They said complete implementation of law would help protect the health of non-smokers and make the smokers abiders of the concerned laws.
It is pertinent to mention here that earlier, all public and private offices were allowed to designate a separate place for smokers to smoke within office premises with adequate arrangements to protect the health of non-smokers.
However, such permission was being misused, as it had become practice that smokers were using places in offices other than designated areas while many offices had failed to allocate designated places for smokers. The government had already declared some places of public work as no tobacco places included hospitals, educational institutions, offices, conference rooms, all domestic flights, restaurants, buses, wagons, trains, indoor stadiums, gymnasiums, lounges of airports, waiting rooms at railway stations and waiting rooms at bus stations.
When contacted an official of Ministry of Healthbs Tobacco Control Cell, a responsible body that makes strategies for proper implementation of non-smokers ordinance said that SRO withdrawal will help cell to have strictly check on law violators with the help of public and concerned departments.
He said a five years strategic plan of action has been formulated by the cell with focus on awareness programme for health officials, professionals, teachers, decision makers, administrative staffs etc.
Health experts claimed that non-smokers who are exposed to second-hand smoke at home and workplaces have a 20 percent to 30 percent increased risk of developing lung cancer besides other health complications.
Approximately 0.1 million people die every year in Pakistan from diseases caused by tobacco. According to estimates of Pakistan Medical Society 1.8 million youth between 10 to 24 years of age are at high risk of getting cancer and other diseases from smoking.

Thursday, November 5, 2009

Applications Up, Way Up, At Iowa Law School

University of Iowa College of Law logo.jpg The influx of law students into the profession — and the deflationary pressure they bring to legal salaries — just can’t be stopped. There are too many prospective law students. And they aren’t listening to reason.

We have barred the gates but cannot hold them for long. The ground shakes, drums… drums in the deep. We cannot get out … they are coming.

The University of Iowa College of Law — that’s right, Iowa — is receiving a record number of applications. The administration sent out this, almost taunting, email:

Greetings from The University of Iowa College of Law:
We have nearly completed a busy Fall travel schedule. Also, it has been a very successful travel season, as reflected in our total application numbers to date: Applications to The University of Iowa College of Law have increased 62% versus this time last year, and the quality and diversity of those applications has increased significantly, as well. It is still early in the admissions season, so we will see if these positive signs hold up over the long term. These increases do, however, reinforce the strengths of The University of Iowa College of Law:

Non-Sequiturs: 11.05.09

* Did I miss the part where beating your wife became a civil right? [Double X]

* The Anonymous Lawyer opines on Biglaw bonuses. [WSJ Law Blog]

* Justice Antonin Scalia will be speaking at Ohio State. Any chance he’s looking for clerks? [Moritz College of Law]

* Stealing court documents in plain sight. [The Victorious Opposition]

* Why does Facebook hate pregnant women? [Gothamist]

* Anyone wondering why Carrie Prejean abruptly settled her suit with the Miss America people? It’s pretty hot, or horrible, I can’t decide. [TMZ]

Lawyers of the Day: Arthur Cutillo, Michael Kimelman, and Jason Goldfarb

Michael Kimelman Mike Kimelman Michael Kimmelman Arthur J Cutillo Arthur Cutillo Ropes Gray headshot.JPG Today the winners of Lawyer of the Day honors are obvious. Congratulations to Arthur Cutillo, Michael Kimelman, and Jason Goldbfarb, three attorneys who stand accused of involvement in the infamous Galleon Group insider trading scheme.

Both Cutillo and Kimelman have distinguished pedigrees, with ties to two top firms. Cutillo (left), a holder of an M.S. in chemical engineering as well as a J.D. (both from Villanova), was an associate at the white-shoe firm of Ropes & Gray. Kimelman (right), a partner at Incremental Capital LLC, once worked as an associate at super-prestigious Sullivan & Cromwell. Check out Cutillo’s firm bio and Kimelman’s LinkedIn profile over here.

The third charged lawyer, Jason Goldfarb, apparently worked as a personal injury lawyer in Brooklyn. He allegedly served as a conduit of information between Cutillo and Zvi Goffer — the former Galleon employee apparently referred to as “Octopussy” at the SEC, because “he had his arms in so many insider” trading schemes.

Saturday, October 31, 2009

Captain Copyright is a stinkybutt poopyhead

In the spirit of my now-static Don't Link website, here is an unauthorized link to a Canadian website that apparently doesn't like being linked to: "Captain Copyright" is a site operated by Access Copyright, the Canadian Copyright Licensing Agency. The site's "Intellectual Property Notice and Disclaimer" prohibits other sites from linking to Captain Copyright if a site's contents, in their opinion, are "damaging or cause harm to the reputation" of Access Copyright. (A similar prohibition appears on the main Access Copyright website.)

Based upon these ridiculous attempts at restricting inbound links (not to mention other outrageous content on the site, as Michael Geist and Laura Murray have noted), I think that Access Copyright is a bunch of doodoo-heads, and Captain Copyright is a stinkybutt poopyhead.

In case I haven't yet annoyed them enough, here's another helpful website with a bit more information on "Captain Copyright and his underage sidekick Trademark Girl."

Watch out for the googly eyes!

Google apparently has been sending out cease-and-desist letters complaining about the word "google" used as a generic term for searching the Internet (E-Commerce News; ZDNet News). I don't think we really need "google" (or "googling") as a synonym for "search the web," but I'm amused that the word has taken on so quickly.

On the other hand, "tivo" as a generic term for a DVR (and as a verb meaning "to record on a DVR") is a very helpful addition to the English language. I suspect that TiVo Inc.'s anticompetitive behavior (see my previous blog entry) has probably encouraged users to genericize its mark

Gimme an "A"!

As anyone who has flown Southwest Airlines well knows, Southwest doesn't assign seats in advance. Instead, you are assigned a boarding priority when you check in at the airport or online, up to 24 hours before the flight. At the gate, you line up with others in your boarding group, and then when your group is called, you stampede onto the plane looking for anything other than a middle seat. (And if you're one of those rude jerks who max out the carry-on allowance rather than checking your bags like the rest of us, you spend several minutes blocking the aisle so you can stake a claim to space in the overhead compartment and then try to jam your oversized baggage there rather than placing it under the seat where it belongs. But enough on that rant.)

Since you can't reserve a seat ahead of time, getting an "A" boarding pass turns out to be critical. If you wait until you arrive at the airport to check in, you'll almost certainly be stuck with a "B" or even a "C", and even if you wait more than an hour at the front of the line for your particular boarding group, you still risk getting stuck with an aisle seat. In some instances, you apparently have to check in within the first few minutes (i.e., exactly 24 hours before your flight time) in order to get an "A" boarding pass.

BoardFirst and similar services have seemingly found a way around this ridiculous situation. (Yes, I realize that some people actually like Southwest's dysfunctional approach; I think it's just because they've figured out how to beat it, kind of like how ticket brokers who have figured out how to get good concert tickets from Ticketmaster don't think that system is broken.) If you're willing to trust BoardFirst with your Southwest flight information, BoardFirst will log on to Southwest's website when check-in opens and put you near the front of the line for an "A" boarding pass. BoardFirst charges $5 for this service.

Southwest sued BoardFirst last year based upon a variety of legal theories, including a claim that BoardFirst enters into a browsewrap contract with Southwest each time it accesses Southwest's website on a customer's behalf, and that contract prohibits third parties such as BoardFirst from checking customers in or obtaining boarding passes for them. This month the court ruled in Southwest's favor on that claim, although from a quick look at BoardFirst's website, it appears that BoardFirst may still be accepting "orders" from Southwest customers.

Kentucky's Internet gamble

Governor Steve Beshear of Kentucky is seeking to seize more than one hundred gambling-related domain names. A judge initially rejected the governor's bid and has scheduled a hearing for October 7. See coverage in the Louisville Courier-Journal, DomainNews, and The Iconoclast.

John Levine's take on the issue sounds right to me. I doubt very much that Kentucky has adequate grounds for jurisdiction over the domain names, the registrants, the registrars, or the registries. Any registrar that voluntarily forfeits a domain name on behalf of a registrant is likely asking to be sued.

Wednesday, September 2, 2009

Fall Recruiting Open Thread: Vault 41 - 50 (2010)

As we finish off the Vault top 50, we look at some firms went through some tough layoffs.

Here's the list:

41. Orrick Herrington & Sutcliffe
42. Baker & McKenzie
43. Goodwin Procter
44. DLA Piper
45. King & Spalding
46. Jenner & Block
47. Dewey & LeBoeuf
48. Proskauer Rose
49. Vinson & Elkins
50. Irell & Manella

It might not look like it, but there is a lot of carnage on this list. Orrick is down four spots. Proskauer is down four spots. King & Spalding is down 3 spots.

And many of the firms here that are marginally up or holding steady still went through significant layoffs.

After the jump, Law Shucks offers some stats.

Law Shucks reports that the firms ranked #25 - #50 by Vault laid off twice as many employees as the firms ranked #1 - #25. So evidently being "prestigious" has a positive effect on hanging onto a job.

The firms in today's batch of the Vault rankings had particularly brutal numbers in terms of layoffs:

lawshucks layoffs vault top 50.JPG

That empty column for Irell might have something to do with the firm jumping up ten spots from last year. Vinson & Elkins also made a solid four spot improvement.

Will the firms that had mass layoffs be able to rebound next year? It could depend on whether or not they can keep all of their people through the first quarter of next year.

Non-Sequiturs: 08.31.09

Corri Fetman love lawyer.JPG * Corri Fetman is back. But it appears she's keeping her clothes on this time. [Love Lawyer via My Law Life]

* Would you light my candle? [Overlawyered]

* The Great Massachusetts law firm sponsored clerkship solution is in fact as unethical as it sounds. [WSJ Law Blog]

* Yeah, it wasn't going to be long before auto insurance companies used GPS against you. [Blackbook Legal]

* Scalia and Breyer could be coming to a laugh factory near you. [Holy Hullabaloos]

* Count me as a solid believer in the experimental route of life. [Law Dork 2.0]

* Did anybody else realize today how totally dependent they are on Gmail? I feel like the Sun suddenly stopped working, and I'm just about willing to sacrifice a virgin if it will please the Google Gods. [Tech Crunch]

Taxing Stupid People

Weekend Warrior.JPG If the power to tax is the power to destroy, then shouldn't we at least try taxing stupidity? They're thinking about doing it in France. From Going Concern:

Our frog eating friends have decided that they will start taxing people for their stupidity:
"The French Foreign Ministry is proposing a very narrow law requiring citizens foolish enough to wander into international danger zones, regardless of public warnings, to pay at least part of the cost of their own rescue."

If you wander up a silly mountain and get stuck, it is civilized to have somebody go and try to find you even it was your own damn fault. But that doesn't mean society should have to foot the entire bill for your weekend warrior shenanigans. Right?

Don't Major in Criminal Justice If You Want to Go to Law School

LSAT score curve.JPG We have some interesting statistics that suggest legal sounding majors -- like Prelaw or Criminal Justice -- have a negative relationship with LSAT performance.

Courtesy of Tax Prof Blog, Professor Michael Nieswiadomy of North Texas, has given us average LSAT scores broken down by 29 differed undergraduate majors.

The bottom of the list is very interesting:

25. Education: LSAT = 149.4
26. Business Administration: LSAT = 149.1
27. Health Professions: LSAT = 148.4
28. Prelaw: LSAT = 148.3
29. Criminal Justice: LSAT = 146

A little bit of knowledge is a dangerous thing. But is there something going on in criminal justice classes that makes people unable to complete a logic game?

Some Thoughts on the Changing Legal Industry

evolution development change.jpg When we delivered our talk yesterday at Santa Clara Law, discussing various trends sweeping through the legal profession and what they mean, we were honored to have Professor Eric Goldman in the audience. Professor Goldman is one of the nation's leading scholars in the areas of internet law and intellectual property. (We especially appreciate his continuing coverage of derivative liability and Section 230, a statutory section much beloved by blog operators.)

Professor Goldman's excellent recap of our remarks appears here. We were especially interested in his thoughts, as a former corporate general counsel, on the billable hour and fixed-fee arrangements. Check out his post at the link below.

David Lat Talk Recap [Eric Goldman / Goldman's Observations]

The Douchiest Law School: The Final Four Douches

ATL Douche Madness continues. This back-to-school special, inspired by GQ.com, is now down to the Final Four Douches. Nearly 9,000 people voted in the match-ups last round, and more than 9,000 cast votes in the doucheriffic Duke vs. Georgetown contest.

As noted by LEWW, douchage does not necessarily correlate with prestige. In the last round, we saw UVA triumph over Columbia for example.

In our Final Four, we have the #1 and #2 seeds, as ranked by U.S. News, going head to head with two schools tied for the #10 seed.

More Good News: Mayer Brown Asks Deferred Associates To Start Early

On Friday, we reported that Sidley Austin was asking some of its deferred associates to start earlier than expected. Today, Mayer Brown keeps the good news rolling. Bloomberg reports:

The firm previously deferred the start dates of its first- year associates scheduled to join this fall. Because of the expanding work, Mayer Brown has asked about half of 12 deferred associates who are scheduled to work in New York to start working after Labor Day, according to [Richard Spehr, partner in charge of Mayer Brown's New York office].

As far as we know, the rest of Mayer Brown's incoming class is still on track to start on January 19, 2010.

Sidley had enough work that it needed to bring new people online earlier than expected; now Mayer is in the same position. Are these the fabled "green shoots" we've all been waiting for?

Mayer Brown Continues to Expand New York City Office [Bloomberg]

Nationwide No Offer Watch: Numbers from Kirkland and Orrick

no offer factories.jpg We've compiled a lot of information about the summer associate offer rates at Kirkland & Ellis and at Orrick. Overall, summer associates had a pretty good chance at nailing down an offer at these firms -- though individual results varied significantly depending on which you summer at.

At Kirkland & Ellis, sources report that the firm's offer rate was a solid 85% firm wide. In Chicago and New York, that offer rate climbed to around 90%.

But out west, things were not as rosy. Multiple tipsters reported that the offer rate out of Kirkland's Los Angeles office was between 60% and 65%. In Palo Alto, things were even worse. Sources there report a 50% offer rate.

Firm wide, a summer class of around 158 summer associates yielded approximately 135 offers for full time employment. In this market, those are good odds.

Another Reason Not to Work Late

parking garage murder P2.jpg Ed. note: This post has been updated. Please read below (updates in bold).

Not all Biglaw types are luxuriating in 1600 hours for the year. Some are still working long hours and spending late nights at the office. There can be hazards to late night assignments: canceled dinner plans, sleep deprivation, and running across an armed robbery in the car garage.

Such was the case last night, in a garage shared by many firms, including Paul Hastings. A Los Angeles attorney sent us this e-mail last night at midnight EDT/ 9 p.m. PDT:

This evening, some attys in the office received the following email:
"In case you guys were planning on leaving the office, there's an armed car jacking going on in j2, its barricaded and cops aren't letting anyone in. Some sort of stand-off with the cops now."

Our correspondent has since retired. We have inquiries in to Paul Hastings but have not gotten an official statement yet. Are there any early risers on the West Coast who know more about this? Send us tips at tips@abovethelaw.com.

UPDATE: The Los Angeles garage in question is shared by Paul Hastings and other noteworthy Biglaw firms, such as Morgan Lewis, Winston & Strawn, and Jones Day.

The full story from a building manager is that a woman -- we don't know her Biglaw affiliation, if any -- was approached by a man in the parking lot who demanded that she surrender her car keys. She did and called the police. That precipitated the closing of the garage. The police investigated the crime scene for a couple of hours, which is why nobody was allowed to leave the building during that time. No "stand-off," just a crime scene investigation.

The criminal was not apprehended, but police reports indicate that the criminal left behind some physical evidence. As we understand it, the car jacker was not armed.

We'll keep updating this post as we have more details to report.

Morning Docket 09.01.09

Spitzer Slate.jpg * Return of the Spitz? [New York Post via Daily Beast]

* Remember that Massachusetts proposal to put deferred Biglaw associates in unpaid secret court clerkships? We polled you about it in June and almost 90% of those surveyed were troubled by the proposal. Well, Chief Justice Robert A. Mulligan agrees with you. He's scuttling the program. [Boston Globe]

* Attorney General Eric Holder is putting a renewed emphasis on civil rights. [New York Times]

* Former Nets star Jaysen Williams plans to allege racial bias against the New Jersey prosecutor who tried him for manslaughter five years ago. [Associated Press]

* A 17-year-old girl read "The Purpose Driven Life," converted from Islam to Christianity, and then ran away to Florida. Now her attorney says she shouldn't be forced to return to her family in Ohio because they're terrorists. More importantly, they live in Ohio. [Fox]

* BREAKING NEWS: Biglaw firms are cutting back on recruiting. [Chicago Tribune]

Tuesday, September 1, 2009

Fall Recruiting Open Thread: Vault 31 - 40 (2010)

As we roll through the next segment of the 2010 Vault rankings, we get into some firms that have been caught testing the stealth layoff waters. To refresh your memory, here is the next list of firms:

31. Milbank Tweed Hadley & McCloy
32. Paul Hastings Janofsky & Walker
33. Akin Gump Strauss Hauer & Feld
34. Fried Frank Harris Shriver & Jacobson
35. Winston & Strawn
36. Allen & Overy
37. Willkie Farr & Gallagher
38. Freshfields Bruckhaus Deringer
39. Baker Botts
40. Munger Tolles & Olson

Check out the big move by Munger. It's up 11 spots on this year's list. And let's not forget about the firm's #1 A-List ranking by Am Law earlier this year. Munger's managed to do all of this without laying off a massive number of associates. Hopefully other Biglaw firms (and current 2Ls) will take note.

We know people have strong opinions about some of the firms on this list. Let's get into them after the jump.

We all can't work at Munger, and it is interesting to note that Baker Botts's policy of not announcing the number of associates it lets go has not hurt the firm's Vault standing. Baker Botts actually moved up two spots from last year.

Other firms were not as lucky. Fried Frank -- who went through multiple rounds of stealth layoffs before coming clean with a round of public layoffs -- dropped three places. Freshfields also took a significant drop.

At least those firms are still in the Vault top 40. We'll have to catch up with firms like Orrick, Proskauer, and Cadwalader on a later thread.

But, as I wish Eli Manning would say, let's stop worrying about the people who shot themselves in the leg and embrace those that are still able to compete.

This is your new Vault top 40.

Non-Sequiturs: 08.31.09

Chief illiniwek lawsuits stop.JPG * Don't look for Chief Illiniwek on University of Illinois sidelines this fall. [My Law Life]

* Maybe becoming a law professor is just the tonic for the recession blues. [Tax Prof Blog]

* I had to duck out of the office this afternoon to continue the fight for a student loan bailout. I inadvertently slammed SEC lawyers in the process (sorry guys). There's plenty of room left on this student loan bandwagon. [Fox Business]

* Lower associate salaries are a good thing? I suppose, if by "good" you mean "slightly better than cleaning car windows on the Long Island Expressway." [TechnoLawyer]

* Companies are now soliciting resumes on Twitter. That knock you hear at the door is the Visigoths. Proceed with caution. [Young Lawyers Blog]

* On the one hand, this has nothing to do with the law. On the other hand ... everybody should know that these 39 seconds of video exist. [Dealbreaker]

* Memes > Themes. [The Inspired Solo via Blawg Review]

New Managing Partner At Morris Manning

The well known Atlanta based firm, Morris Manning, will be under new management in 2010. Louise Wells will be taking over the firm, making her the first woman to lead Morris Manning. The firm's press release is understandably positive about the future of the firm:

The firm's succession plan is being implemented to ensure that the firm is positioned to capitalize on ever-evolving market conditions for the continued success of its clients and the firm. As a critical component of the plan, the firm created an Executive Committee that will work closely with Wells. The Executive Committee members include litigation partner John P. MacNaughton, corporate partner David M. Calhoun and real estate partner Thomas S. Gryboski.
"I am honored to accept this responsibility," Wells offered. "As a result of the firm's unique culture and entrepreneurial spirit, we have been responsive to the challenging market conditions. We have made smart strategic decisions that build upon the firm's solid platform, better positioning us to succeed and drive forward in the coming months and years," she added.

Mmm ... peaceful transition of power ...

The current managing partner, Robert E. Saudek, will step down at the end of the year, but he will still be active with the firm.

Good luck with the transition.

Lawsuit of the Day: Don't Like Your Grade? Sue Your School.

Alice Clarke Sues Cardiff.JPG A former Cardiff (U.K.) law student sued her school for giving her low grades on two oral exams, and she won. The Times Online reports:

Alice Clarke was given low marks in two assessments for her Bar Vocational Course that all lawyers have to pass to practise as a barrister.
She claimed that the low marks for her oral examinations in advanced criminal law and legal negotiation were because of disagreements with her tutors and asked Cardiff University to reassess them. When it refused, she pursued her claim through the High Court.

Wow, it's not too late for me to get my Sears Prize. It was unfairly denied me because my graders were too focused on form and substance instead of poorly thought out witty remarks!

Of course, to win a lawsuit and force your law school into court ordered grade inflation you need a couple of things: time and a complete inability to make sound economic decisions with your litigation dollar.

Florida is Looking At Your Facebook Character and Fitness

Facebook logo MySpace Friendster Abovethelaw Above the Law blog.jpg Is your Facebook page ready for your character and fitness exam? If you are applying to the Florida state bar, you might want to update your profile. Over on True/Slant, Kash examines employers who want to use Facebook against you:

[N]ot all legal types respect Facebook privacy. The Florida Bar Examiners, the group that decides who gets to become a lawyer in Florida, is considering forcing some wannabe lawyers to be subjected to a thorough social networking investigation prior to their being knighted esquires.

Florida bar examiners will look for evidence of substance abuse in applicants with a history of those problems, and will of course check to see if you would like to overthrow the government.

Click on the link below for Kash's ~~picture~~ thoughts.

Should it be illegal for employers to check job applicants' Facebook profiles?

Small Law Firms: Is the Grass Really Greener?

Small Law Firms: Is the Grass Really Greener

grass always greener other side.jpg As super-big law firms suffer through the recession, many midsize and small firms are thriving. Back in June, we discussed these firms as a viable alternative to Biglaw. (A number of smaller firms -- e.g., Stone & Magnanini, Silver Golub & Teitell, and McKool Smith -- are even hiring, with the help of job postings on Above the Law.)

But are smaller firms all they're cracked up to be? We try to present both sides of the story. Check out this letter, from the ATL mailbag:

I'm an Ivy League law grad with a couple of years in big law. I got laid off and eventually found a job at a smaller firm. Like, way smaller. Unsurprisingly, I know a couple of people to whom this has happened (and a couple who haven't found jobs as well, of course).
The commonly held wisdom is that the trade off in big law is money for your time and soul, while smaller firms pay less, but ask less. I'm not finding this to be really true, and neither are my friends.

The Hours Follow-Up: If you're looking at less than 1600 in 2009, you're not alone.

Monday, August 31, 2009 1:12 PM - By Kashmir Hill

billable hours for 2009.jpg Many of our Biglaw friends have been biting their nails over hours this year. Lawyers are not worried about making bonuses at the end of the year. They're worried about keeping their jobs. Last week, we invited you to share your hours' outlook for 2009 and to see how you compare with fellow anonymous ATL readers.

One astute commenter pointed out:

Has it dawned on anyone that people billing solid hours aren't taking the time to take ATL surveys?
This survey will be less reliable than my balls.

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Wednesday, November 11, 2009

Monday, November 9, 2009

Making a difference in thousands of lives, one case at a time.

Saturday, November 7, 2009

Frederick Schenk

Friday, November 6, 2009

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Saturday, October 31, 2009

Wednesday, September 2, 2009

Tuesday, September 1, 2009

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