Welcome to "On the 50 Yard Line" The Blog of Stuart L. Pardau, Attorney, Professor and Observer of Political Economy; It’s not just about football.

Monday, April 30, 2012

California Bar is Considering Whether to Impose Practical Training Requirement


The California bar is considering whether to impose a practical skills training requirement on lawyers applying for admission, which would mean applicants would have to attain a level of hands-on training before practicing, the National Law Journal reported.


How California resolves the issue could affect the legal profession and law schools around the country, since California’s is the largest bar in the U.S.
Ideas under review include internship requirements, a mentoring program, completion of a skills-training course, or a year-long class for third-year law students that covers lawyering skills.



http://blogs.wsj.com/law/2012/04/30/california-bar-considering-practical-skills-mandate-for-new-lawyers/

Sunday, April 29, 2012

Don't Be Evil: Google Employees Who Worked on Mapping Service Tell FCC They Were Unaware of Existence of Google Software that Gathered Personal Data


Google employees who worked on a mapping-service project told the FCC they didn’t initially know about software that would gather personal data, even though an engineer disclosed the program’s details, according to an agency report.
The unidentified engineer, who made the disclosure in an internal project document, also told at least two fellow workers about how the software program would access so-called payload data, which includes personal information such as e-mails, according to the FCC report, which was re-released yesterday by the company with fewer portions redacted.
Either the right hand did not know what the left was doing or Google violated its famous Code of Conduct that it not "be evil".


http://www.bloomberg.com/news/2012-04-29/google-staff-said-they-were-unaware-of-data-gathering-fcc-says.html

Friday, April 27, 2012

ACLU Files Lawsuit on Behalf of Young Teenagers Expelled from School Who Made Threatening Comments on Facebook

In light of Columbine and other school shootings, how can we second-guess the decision of a school to take disciplinary action against the students who make the threatening comments? A first Amendment right to threaten a life? I'd like to actually see the Facebook postings so as to get a clearer picture of the context, but it strains credulity to think there might be a protectable First Amendment right in making comments that purport to threaten the life of another.

http://www.chicagotribune.com/news/local/ct-talk-facebook-aclu-lawsuit-0426-20120426,0,116048.story

Thursday, April 26, 2012

Ex-lawyer insider trader Pays 32 Million Dollars to Settle SEC Insider Case


A former corporate lawyer, an ex-trader and the man they used to shuttle secret tips have agreed to pay more than $32 million to settle an insider-trading case by the Securities and Exchange Commission.
Matthew Kluger, an ex-lawyer, admitted last year in a separate criminal case that he had provided confidential information about clients from various law firms dating back to his time as a summer associate in 1994. The information was passed by a middleman, Kenneth T. Robinson, to Garrett Bauer, a former trader who also pleaded guilty to criminal charges last year.
Robinson pleaded guilty to criminal charges in April 2011 and cooperated in the case, recording calls by both men.


http://blogs.wsj.com/law/2012/04/25/ex-lawyer-trader-to-pay-32-million-to-settle-sec-insider-case/

Wednesday, April 18, 2012

When Celebrity Tweeting Can Run Afoul of Morals Clauses With Sponsors


Rashard Mendenhall plays professional football as a running back for the Pittsburgh Steelers. Mendenhall entered into an endorsement contract with Hanesbrands, which owns the Champion brand. The agreement between Hanesbrands and Mendenhall had a “morals clause,” which originally said that Hanesbrands could terminate the agreement if Mendenhall was arrested, charged with, or indicted for a felony or a crime involving moral turpitude. This clause was later amended to provide that Hanesbrands could terminate the agreement if, in addition to being charged with or indicted for a crime, Mendenhall:
[Became] involved in any situation or occurrence . . . tending to bring Mendenhall into public disrepute, contempt, scandal, or ridicule, or tending to shock, insult, or offend the majority of the consuming public . . . . [Hanesbrands’] decision on all matters arising under [this section] shall be conclusive.


http://abovethelaw.com/2012/04/when-celebrity-tweeting-goes-wrong-and-the-resulting-lawsuit-goes-sort-of-right/#more-151807

Tuesday, April 17, 2012

Non-Lawyer Ownership of Law Firms Is DOA, Says ABA


In a statement Monday, the co-heads of the ABA ethics committee considering the proposal pronounced it dead.
“Based on the commission’s extensive outreach, research, consultation, and the response of the profession, there does not appear to be a sufficient basis for recommending a change to ABA policy on nonlawyer ownership of law firms,” said Jamie Gorelick and Michael Traynor, who lead the ABA Commission on Ethics 20/20.
The Wall Street Journal recently reported on the proposal, noting that some in the profession were aghast at the idea, even as the U.K. and Australia have adopted much broader changes — including allowing outside investment through IPOs.

Prediction: If deregulation of the legal services in the U.K., Australia or elsewhere shows even a modicum of success, expect this issue to be appear again. And soon.


http://blogs.wsj.com/law/2012/04/17/aba-case-has-not-been-made-for-nonlawyer-ownership/

Monday, April 16, 2012

The Market For Legal Services Gets More Fragmented

The high-end firms offering "bespoke" services are charging more, commoditized services (routine leases,  employment matters, etc.) getting greater push back from clients to lower rates.

http://blogs.wsj.com/law/2012/04/16/the-law-professions-one-percent/

Friday, April 13, 2012

Google To Issue New Class of Non-Voting Shares

On Thursday, Google’s co-founders, Sergey Brin and Larry Page, announced that the Internet giant would be revamping its corporate structure. The company is creating a class of nonvoting shares that will be issued for employee stock incentive plans, acquisitions and other stock sales.

http://dealbook.nytimes.com/2012/04/13/new-share-class-gives-google-founders-tighter-control/

Best Buy CEO Forced to Quit After Use of Company Resources In Connection with Inappropriate Relationship


Best Buy CEO Brian Dunn abruptly quit his job after the board of directors allegedly began investigating him for having an inappropriate relationship with a 29-year-old female employee.
The Minneapolis Star-Tribune, citing unnamed sources, reported that Best Buy was examining whether Dunn used company resources to help carry out that relationship. 
The nation's largest electronics retailer wouldn't confirm the report, but would not deny it, either. The newspaper could not reach Dunn, 50, for comment.
Dunn, who is married with three sons, started at Best Buy in 1985 selling VCRs and worked his way up the management chain before being appointed CEO in 2009.


Read more: http://www.dailymail.co.uk/news/article-2128770/Best-Buy-CEO-Brian-Dunn-quit-investigation-inappropriate-relationship-female-employee.html#ixzz1rwRAa9on


http://www.dailymail.co.uk/news/article-2128770/Best-Buy-CEO-Brian-Dunn-quit-investigation-inappropriate-relationship-female-employee.html

Wednesday, April 4, 2012

FTC Approves Final Order Settling Privacy Breaches Around U-Promise Rewards

Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Upromise, Inc., a membership reward service aimed at consumers trying to save money for college used a web-browser toolbar to collect consumers' personal information without adequately disclosing the extent of the information it was collecting.

http://www.ftc.gov/opa/2012/04/upromise.shtm

Actor Corbin Bernsen Sues Marketing Services Law Firm for Breach of Contract

Corbin Bernsen played divorce lawyer Arnie Becker in the 1980s show L.A. Law. A full 15 years after the show’s last episode, a Virginia-based company that provides marketing services for law firms hired him as a spokesman. According to Bernsen, he agreed to a five-year deal in 2009 with Innovative Legal Marketing and was promised $1 million.

http://blogs.wsj.com/law/2012/04/03/la-law-actor-subpoenas-new-york-personal-injury-firm/

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