Friday, November 30, 2012

Tom & Lorenzo: Nicki Minaj in … well…

Tom & Lorenzo
Fabulous & Opinionated
Nicki Minaj in … well…
Nov 30th 2012, 22:05

It’s FRIDAY, bitches! Who needs a big dose of crazy right about now? YOU do! Darling Nicki? That’s your cue.   Nicki Minaj attends her perfume launch at Myer Sydney City in Sydney, Australia. Ohhhhhh … HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!!!!! *gasp* HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!!!!! We love you, you batshit crazy ho. She looks like a cheap bedding factory exploded all [...]

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Above the Law: Non-Sequiturs: 11.30.12

Above the Law
A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts
Non-Sequiturs: 11.30.12
Nov 30th 2012, 22:02

* Just in case you haven’t seen enough responses to the Case Western Law dean’s New York Times op-ed, here are some more. (Plus, with this, you’re getting the additional bonus of an incredibly sad letter from a young lawyer.) [Associate's Mind]

* Oh mon dieu! Dominique Strauss-Kahn’s legal team is now denying that that there was ever a settlement in the hotel maid’s sexual assault suit civil suit, and especially not a $6M settlement — because that’s apparently “flatly false.” [Slate]

* You’ve probably led a sad and lonely existence if you’re laying on your death bed and worrying about who will inherit your iTunes library. Don’t worry, they’re headed to a “legal black hole,” anyway. [Legal Blog Watch]

* The Supreme Court might be taking the phrase “don’t judge gay people” a little too literally. [WSJ Law Blog]

* And in other news, some teenagers are so obsessed with their tech gadgets, like cellphones, that they’d allegedly be willing to kill their family and pry the damn thing from their cold dead hands. [Legal Juice]

* Please remember to vote for your favorite law blog (coughcough Above the Law coughcough) in the Blawg 100 in the News/Analysis category, and all the rest of the sites you read in other categories, too! [ABA Journal]

* After the jump, Bloomberg Law's Lee Pacchia speaks with law firm consultant Tim Corcoran of the Corcoran Consulting Group about the future of rainmaking and business development in Biglaw….


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Above the Law: Law Prof Alleges Racial Bias in Hiring of Interim Dean

Above the Law
A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts
Law Prof Alleges Racial Bias in Hiring of Interim Dean
Nov 30th 2012, 22:31

We’ve previously covered the departure of Paul Schiff Berman as dean of George Washington University Law School. There was a lot of intrigue regarding Dean Berman’s departure.

Now it appears that the decision on Dean Berman’s replacement is also steeped in controversy. Today, GW Law named professor Gregory Maggs as its interim dean. In so doing, the school passed over their Senior Associate Dean, Christopher Bracey. Instead of promoting Bracey into the interim dean position, he’ll stay on at GW, under Maggs.

This seems like a good time to point out that Maggs is white and Bracey is black.

And so let’s play our game, because a member of the GW Law Faculty, who is also black, had a real problem with the decision to pass Bracey over. She called it “not the law school’s finest hour” in a message to the entire faculty. And then she told subtly told another faculty member to go jump in a lake.

Fun times….

For starters, I think professor W. Burlette Carter’s message to the GW Law faculty is very respectful. She has an opinion and she shared it. Here’s her response to the Maggs appointment:

While I very much appreciate Gregory Maggs’ agreement to step into the deanship at this very difficult time, I must express my own view that any faculty opposition to Sr. Associate Dean Bracey moving into the interim deanship was racially based. This is the first time in my memory that we have ever overlooked a Sr. Associate dean in choosing an interim dean. Chris has done an exceptional job, had significant support, and would have been a fine interim dean.

Because I truly appreciate the tremendous sacrifice that both Greg Maggs and Chris Bracey are making in agreeing to helm this ship together, I will be otherwise cooperative, but I had to state my views — and have them widely known. This is not the law school’s finest hour.

Best,
W. Burlette Carter

Strikes me as a fair point. This wouldn’t be the first time an institution departed from an “unwritten” tradition of progression and promotion when the next man in line is a black man.

Moreover, isn’t one of the reasons you have black people at your institution to at least try to keep administrations honest when it comes to race? I’ll just speak for me, but I like to see it when black people who have risen to positions of prominence turn around and use that position to help out others and speak to controversial issues, instead of just trying to get along as well as they can. I’m a Du Bois man, not a Booker T. Washington good solider. If Carter sees racial bias happening in her own institution, I think she’s doing her part when she calls it out.

But I’ve said before that we seem to be living in a society where calling something “racist” is a much bigger deal then that thing actually being racist. People don’t want to make an honest assessment of whether or not the highlighted problem is racist, instead they want to dissect the messenger for playing “the race card.” (As if it’s a “card”… as if being outraged when people are racially discriminated against in some kind of rhetorical strategy, black people can employ the sinister motive of racial equality.)

Anyway, in that context, Professor Richard J. Pierce’s response to Carter is exactly what we should expect:

Burlette–That is a very serious charge. If you have evidence to support it, please produce that evidence. Dick Pierce

Yeah, professor Pierce, it is a “serious charge,” MAYBE YOU SHOULD LOOK INTO IT instead of asking Carter to Google it for you.

Carter had a pretty great response to Pierce:

You mistake me for someone who is actually intimidated by you Dick – and who jumps when you bark.

Enough said. My point is made.

B

Oh man. Again, I don’t at all want to speak for all black people, but let me put it like this: I write a blog and can say pretty much whatever I want, and even I end up biting my tongue on racial issues half the time, instead of going all “Professor Carter” on somebody. I mean, here’s a conversation I have like once a week:

WHITE PERSON: Did you see this thing that happened?
ELIE: Yeah, that’s racist.
WHITE PERSON: Whaaaa???!!!!
ELIE (inside): Jesus freaking Christ
ELIE (outside): Yeah, it’s pretty obvious.
WHITE PERSON: Well, how do you know? Can you prove it? What’s your evidence?
ELIE (inside): Who in the f*** elected your translucent ass to be president of whether or not I think something is racist? Why don’t you go back to telling me how some white woman who has an ass as level as a desktop but gets fat injections in her lips is the epitome of beauty?
ELIE (outside): I really don’t have time to explain how 400 years of cultural stereotypes, oppression, and unequal opportunities led, inexorably, to this moment.
WHITE PERSON: Try me, I’m pretty smart.
ELIE (inside): Actually you’re incredibly stupid, but what bothers me is that you are being willfully ignorant of the racial implications here because it might make you uncomfortable and have to (gasp) examine your own motives. You don’t see it because you are closing your eyes, and then you have the gall to stand there and ask me to show you something? I need to end this conversation before things get out of hand.
ELIE (outside): Look, in my opinion this is racist, we’ll have to agree to disagree.
WHITE PERSON: I just don’t think it’s right to play the “race card” when you can’t actually back it up.
ELIE (inside): NO. Playing the RACE CARD would involve MURDERING YOU WHERE YOU STAND and then saying, “Sorry officer, this dumb white person needed to be ended, and I was just too black to resist.”
ELIE (outside): Go f*** yourself.

Well, I have that conversation maybe once every other week.

In any event, I did ask professor Carter if she’d like to expound on the situation at GW. Turns out, when you ask her nicely, she’s more than willing to explain why she believes what she said.

You can check out her response on the next page….


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Tom & Lorenzo: Jesse Eisenberg and Dakota Fanning in NYC

Tom & Lorenzo
Fabulous & Opinionated
Jesse Eisenberg and Dakota Fanning in NYC
Nov 30th 2012, 21:02

They’re in a movie together, but by all means, start writing the erotic fan-fic in your heads, if you so desire. They’d make an odd couple, though.   Jesse Eisenberg and Dakota Fanning take a casual stroll through SoHo in New York City. Sofia Coppola for Louis Vuitton Suede Asphalt Handbag. Alexander Wang Sigrid Over [...]

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Tom & Lorenzo: Diane Kruger in Rochas

Tom & Lorenzo
Fabulous & Opinionated
Diane Kruger in Rochas
Nov 30th 2012, 21:30

Diane Kruger attends The Hollywood Foreign Press Association and InStyle Miss Golden Globe 2013 Party in Los Angeles in a Rochas top and skirt paired with Chanel booties. Rochas Spring 2013 Collection/Model: Julia Frauche (NATHALIE) Chanel Spring 2009 Collection     [Photo Credit: Andrew Evans/PR Photos, style.com]

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Above the Law: FBI Dad Finds Handy Fourth Amendment Workaround to Bust School Principal for Child Porn

Above the Law
A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts
FBI Dad Finds Handy Fourth Amendment Workaround to Bust School Principal for Child Porn
Nov 30th 2012, 21:13

Thanks to spyware, an FBI dad got a gift-wrapped child porn case.

Like any dad, Joseph Auther was worried about what his son might get up to while exploring the wilds of the World Wide Web. So when his 7th grade son got a school-provided laptop from Whispering Palms School in Saipan in the U.S. territory of the Northern Mariana Islands, Auther decided to install a monitoring program on it. He went with a spyware program called eBlaster from SpectorSoft, a company based in Vero Beach, Florida. Unbeknownst to his son, the program captured his website visits, his keystrokes, and every email, chat, and instant message he sent and received. This was all delivered up to his dad in emails, while giving the monitored person no hint that it was doing so.

Auther has a special appreciation for the benefits of surveillance. He’s an FBI special agent. In April, he discovered he was being transferred to the FBI office in Denver. At the end of the school year, Auther let Whispering Palms principal Thomas Weindl know that his family was moving and that they would be returning the school’s laptop. Weindl, 67, was actually a friend of the Auther family; when he got married earlier that year, Auther’s wife gave a reading at the ceremony. Auther told Weindl that he would return the laptop after he removed all of his son’s files, programs, and games.

Auther first took the laptop to his FBI office and asked his colleagues how to wipe it clean. Apparently they don’t have many cyber experts in the Mariana Islands, because they were unsuccessful. So Auther had to instead take it to a computer repair shop, which cleaned out the old files and allegedly re-imaged the hard drive to return it to its original settings. Auther didn’t tell the shop about eBlaster being on the computer — perhaps feeling a little Big Parent shame — but assumed that it would be wiped along with everything else. He then returned the computer to Weindl….

A week later, Auther was surprised to get an email from eBlaster which had survived the attempts to kill it. SpectorSoft claims that eBlaster is as easy to remove as any other program, such as Microsoft Word, though the company wouldn’t comment on this case or elaborate on exactly how to remove it. I consulted computer geek friends who suggested that a re-imaging should have removed it, but that the computer repair shop may not have done a good job of it.

The eBlaster report revealed that someone was using the computer again, and that the person was much naughtier than Auther’s son had been. The report revealed Internet searches for child pornography and visits to sexually explicit websites, including a few that featured young Asian girls having sex with older men.

“An FBI dad getting email notifications of child porn activity [is] like a gift-wrapped present for a law enforcement official,” noted tech law prof Eric Goldman, who brought the case to my attention.

While Auther wasn’t sure who was using the computer, he became suspicious of Weindl based on the type of porn involved because Weindl had “married a Korean woman, and he now had an 11-year-old Korean stepdaughter,” according to court documents. That seems like the point at which Auther should have opened an official FBI investigation, but that’s not what happened.

Continue reading at Forbes….


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Tom & Lorenzo: Dita Von Teese in Valentino Couture

Tom & Lorenzo
Fabulous & Opinionated
Dita Von Teese in Valentino Couture
Nov 30th 2012, 20:15

This is not getting a shout of “WERQ!” from us. You might ask why.   Dita Von Teese attends event at Cafe Royal in London in Valentino Couture dress paired with Christian Louboutin pumps. Christian Louboutin Super Vic Pumps It’s because Miss Dita, in this outfit, is simply beyond our vulgar classifications and outbursts. She’s [...]

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Above the Law: Quote of the Day: A Polite Way of Showing Law Review Haters Where to Stick It

Above the Law
A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts
Quote of the Day: A Polite Way of Showing Law Review Haters Where to Stick It
Nov 30th 2012, 20:32

There is so much to fix in modern legal education. Are student-edited law journals really so bad?

Brian Farkas, editor-in-chief of the Cardozo Journal of Conflict Resolution, writing in defense of student-edited law journals in light of critiques published over the years in online and print media like Inside Higher Ed, the New York Times, the Atlantic, and Legal Affairs magazine.


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Above the Law: From the Career Files: What to Consider When Considering an In-House Counsel Position

Above the Law
A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts
From the Career Files: What to Consider When Considering an In-House Counsel Position
Nov 30th 2012, 20:00

Ed. note: This is the tenth installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, in the first of a two-part series, Casey Berman gives some practical advice to attorneys considering a corporate in-house counsel position.

For many lawyers looking to leave the law firm or explore other legal careers, in-house counsel often arises as a favorite option. Some of these attorneys want to be happy in their job. Others want a job that is anywhere but the firm. Others like the idea of fewer hours and a flexible schedule. And still others are attracted to expanding their responsibilities and broadening their business exposure.

This article explores just what it takes to be an in-house attorney, the expectations and demands of the role, and the potential career paths. While these positions are often coveted and hard to get, it takes critical analysis (of one's personal skills and the job's duties) to ensure that this role could be the answer to an attorney's job hunting prayers.

Read more at the ATL Career Center….


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Tom & Lorenzo: Liam Hemsworth at LAX

Tom & Lorenzo
Fabulous & Opinionated
Liam Hemsworth at LAX
Nov 30th 2012, 19:34

And now… a boy:   Liam Hemsworth makes his way into LAX airport. A very cute boy in a very cute casual outfit with a very cute carry-on bag. And when we say “cute” we of course mean it in a totally manly-man sort of way. You’re welcome. [Photo Credit: PacificCoastNews.com]

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Above the Law: Moonlighting: December Drama

Above the Law
A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts
Moonlighting: December Drama
Nov 30th 2012, 18:22

Ahh, on the cusp of December. A month that brings another full year to a close with annoyingly cheery carols overtaking radio stations, multi-colored lights and decorations dredged up from years past, and an excuse to fill up on a week's worth of heavy food in one sitting because, after all… it's family time.

As December settles into the workplace, law firm associates and their non-equity partner peers are scrambling to confirm that they'll meet their billable hour targets for the year. And partners are scrambling to get all of their outstanding receivables paid up by the end of the month. After all, the more money they can get into the firm's accounts by year’s end, the better their bonuses will be in the spring. All of the lawyers are hoping that they'll get an end of year break with little work to do over the holiday week. 'Tis the season for hope.

And of course, associates are anxiously awaiting news — any news — about firms' bonuses. How did lawyers ever manage in the dark days without ATL's Bonus Watch?

For the in-house lawyer, December is also a month like none other….

December rings in highlights for in-house lawyers as well, such as tedious self-performance evaluations (most of us have to wait until the new year for reviews and bonus info), schmoozy holiday parties, and dealing with business clients who haven't met their targets or used up their budget. The first two items involve some effort and energy during December, but targets and budget numbers can affect the in-house lawyer's sanity during this joyous eggnog season.

Once November (really Thanksgiving break) has passed, how the in-house lawyer's December will fare will be somewhat of a crapshoot, depending on which business people you support and how good their end of year numbers look.

If you support sales or similar functions, your December will be affected by how well your clients met their sales targets. If they've already met their targets for the year, they'll probably be fine with just coasting along the rest of the month. They won't come begging to you for any favors.

On the other hand, if they haven't met their targets, they'll be scrambling like crazy this month trying to find a few more additional sales. This means that they'll be hunting you down — for contracts and other documents that you'll need to draft or approve at the last minute. But only like 20 of them. By tomorrow, pretty please.

And then there are budgets. Each business unit spends a lot of time with budgets — planning them for the next year, monitoring how they're doing against budget throughout the year, and then, at the very end, hustling to use up every penny of their budget. Why is this?

Throughout the year, every department is trying to be careful not to overspend their budget, because if they do, who knows whether they'll have enough money for the stuff they want to do later in the year? And overspending makes the CFO a really unhappy camper. They're also trying to be prudent — you know, like saving for rainy day (or a totally unexpected business crisis).

You'd think that companies would reward you for using your allocated finances more efficiently than expected and ending up with a ton of extra money at the end. I mean that can't be a bad thing, right? WRONG.

Here's how it goes down when you don't use up all of the money your department has been allotted. At the beginning of the next year, Finance takes a look at your numbers and says, "Hmm, you have about $100k left over from last year's budget. It looks like you were budgeted a lot more than you needed last year, so we'll just slash this year's budget by $100k. Mmmm…K?" Yes, your department will be penalized for not using up all of that precious money.

Who wants their budgets decreased in any amount ever? No one. So instead, what happens is that during the merry month of December, clients decide to buy last-minute "gifts" with all of that extra dough. These gifts will come in various forms, such as more sophisticated equipment for the department (like a brand new copier printer so big it probably has a GPS system and converts into a Batmobile), work trips in December that were originally planned to take place in the new year, and purchases of additional products and services that were considered too pricy before.

Extra budget often means extra last minute requests for you to review new service contracts, promotions, and product ideas. By tomorrow, if possible.

The good thing about working in-house is that nobody, but nobody, wants to work through the holiday week. You may have a few random issues come up here and there, but if you're in the office, you can pretty much count on it being a very quiet week. More likely, you can deal with the few matters, if any, that arise while working from home in your jammies or while on vacation far away from the office.

The bad thing is that nobody, but nobody, wants to work through holiday week. So if you have contracts pending or business people who haven't met their targets or used up their budget, the few weeks before holiday week can be absolute madness. But such is the nature of the month of December for an in-house lawyer — 'tis the season.


Susan Moon is an in-house attorney at a travel and hospitality company. Her opinions are her own and not those of her company or anyone she works with. Susan may share both her own and others' experiences (especially the experiences of those who have expressly indicated to her that they must not under any circumstances be shared on ATL). You can reach her at SusanMoonATL@gmail.com and follow her on Twitter at @SusanMoon.


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Above the Law: Because No One Saw This Coming: A Copyright Suit Over ‘Fifty Shades of Grey’ Porn

Above the Law
A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts
Because No One Saw This Coming: A Copyright Suit Over 'Fifty Shades of Grey' Porn
Nov 30th 2012, 18:55

I’ve committed what is perhaps considered one of the cardinal sins of womanhood since 2011: I haven’t read a single page of the Fifty Shades of Grey trilogy (affiliate link). But with all of the fanfare over the books’ overtly sexual themes, and given the fact that people are now naming their children after the BDSM-loving characters, I’m thinking about picking up a copy of the first in the series. Or, you know, maybe instead of doing all that reading, I’ll just kick back and watch the latest Fifty Shades of Porn flick.

“I’m completely shocked that there’s Fifty Shades of Grey-inspired porn,” said no one ever. Oh, come on, everyone knew that something like this was going to happen. Seriously, from the passages that were read to me by friends to convince me to read the scintillating tale, the series is essentially a softcore porn composition — “mommy porn,” if you will. So who really gives a damn if it gets turned into hardcore porn?

Universal Studios, that’s who, because the company owns the movie rights to the books. The motion picture empire brought a copyright infringement suit against Smash Pictures, a porn production company, earlier this week in federal court. Let’s check out the allegations, which our readers are bound to enjoy….

According to Courthouse News Service, the Universal Studios suit was jointly filed with Fifty Shades Ltd., the British company that owns the novels’ copyright. They’re both represented by Andrew Thomas, a partner at Jenner & Block who focuses on media and entertainment litigation relating to copyright and trademark issues.

The name of the porno in question is “Fifty Shades of Grey: A XXX Adaptation” — because the books weren’t enough of an XXX adaptation as is, with their graphic depictions of sex and spanking. From the complaint:

Beginning with the first XXX Adaptation’s opening scene and continuing throughout the next 2½ hours of the film, Smash Pictures copies without reservation from the unique expressive elements of the Fifty Shades trilogy, progressing through the events of “Fifty Shades of Grey” and into the second book, “Fifty Shades Darker.” The first XXX adaptation is not a parody, and it does not comment on, criticize, or ridicule the originals. It is a rip-off, plain and simple.

To make matters worse, Smash Pictures has a subsidiary company called Luv Moves that manufactures sex toys, which released a presumable DVD/dildo package called “Fifty Shades of Pleasure: Play Kit & Movie,” and allegedly used Fifty Shades’ trademarks to market the sex toys.

According to Reuters, the companies seek an injunction, and profits from sales of the movies, which they claim are trademark and copyright infringements. But really, Universal and Fifty Shades Ltd. should admit they’re pissed over not being the first in the marketplace with the Christian Grey vibrator and call it a day.

(If you’re interested, you can read the complaint on the next page.)


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