Law And More

"Trolls" unmasked in UK

Internet law keeps evolving, although it seems to have a tough time keeping up with technology which also keeps mutating. 

A recent stand taken in the UK is that "trolls"  - that is, those anonymous posters of comments which could be ruled as breaking the law - must be unmasked.  In August, a London court ruled, reports BLOOMBERG, that the site on which the comments were posted had to disclose the details about the posters.  That site was not a rogue blog.  It was the established MoneySavingExpert which has 5 million readers. 

The rub, of course, is that there is ambiguity about what kind of commentary crosses the line from opining to breaking the law.  However, the alert on the Internet should be getting the message that the days of the web as the wild west are ending.  The town has now sworn in deputies.

Intern Nation: Lawsuit against Fox Searchlight Pictures not likely to resonate

Two former unpaid  interns who had "worked" on the set of the hit movie "Black Swan" have filed a lawsuit against the producer Fox Searchlight Pictures.  One is 24.  The other is 42.   Although this issue of unpaid interns surfaces in the general and legal media, it's unlikely that this kind of lawsuit will signal the beginning of a trend.

In THE NEW YORK TIMES, Steven Greenhouse reports that the plaintiffs contend that Fox Searchlight Pictures:

" ... had the interns do menial work that should have been done by paid employees and did not provide them with the type of educational experience that labor rules require in order to exempt employers from paying them."

 With so many other employment issues confronting the courts, the Congress, and American values, this  complaint seems trivial.  After all, the focus in labor matters is on big-ticket items ranging from illegal immigrants in jobs that could be done by Americans to discrimination in hiring against the unemployed.  

Also, the interns chose that road increasingly traveled now.  The evidence is unambiguous: unpaid internships often lead to not a job but another paid internship.  Investing in internships just doesn't seem to be a savvy move.  The serial intern acquires a stigma, just like someone who keeps losing jobs.  The wrong message gets delivered about the suitability of that professional for the workplace.

What is savvy is to chase after a real job, no matter how menial.  Working the counter in a fast-food outlet or stacking boxes in the FedEx warehouse is paid work.  The alert will learn plenty about whate gets us ahead in the workplace, what systems are used to operate a successful business, and what further training might be needed.  The odds are that this paid worker, if a hustler, could be promoted.  Even though these employees might have majored in English or art history at college they could climb the ladder in fast food or shipping.

 
Hustling, hunger - they're all back in America.

Petit Trial: Photos, testimony about murder of mother

Today was another day of grim photos and testimony.  The focus was on how the mother - Jennifer Petit - died. 

In the NEW HAVEN REGISTER, Randall Beach reports that Connecticut associate medical examiner Dr. Susan Williams testified that the cause of death was strangulation.  Since there was no soot in her lungs that proved that she had died before the fire started.  At his trial Steven Hayes admitted to the strangulation but Joshua Komisarjevsky is also charged with the murder. 

The jurors saw photos of the autopsy.

 

Pro Se+

The recession has triggered a surge in pro se representation.  An article titled "You Too Can Act Like a Lawyer" by Gregory B. Hladky in THE NEW HAVEN ADVOCATE [not online] reports that in 2010, in about 84% of family law cases, one party went pro se.  At least until the matter went on appeal.  Then that's usually when lawyers are called in for representation.

As most lawyers know, in pro se, the courts, including the judge, usually bend over backwards to assist those representing themselves.  There even have been situations in which the judge might involuntarily have taken on the role of the pro se's "lawyer." 

That help, of course, encourages more to go this route.  After all, the cost of a custody dispute could go into the hundreds of thousands of dollars.  Lorraine Bracco, who went on to play Dr. Melfi on "The Sopranos," had previously gone bankrupt fighting for custody of her daughter.  Word of mouth among support groups for fathers in the same sort of pickle recommends starting out on a pro se basis.

 
After the recession, pro se will likely continue to increase.  That option is now embedded in our culture.  The difference could be that in better economic times the litigants would be willing to pay for a la carte services from lawyers.  They would still carry the ball on representing themselves but have certain aspects of the legal process overseen by an attorney.  Given how procedure-oriented the law is, an error in that could allow the pro se's adversary to overturn a favorable ruling on appeal.

Hladky notes that in 43 states lawyers already are offering that modification of conventional service delivery.  Popular web service LegalZoom recently introduced a new feature: for a small subscription fee those who purchase documents through the site could have access to a lawyer to review how they are filled out and filed.  Both lawyers in brick and mortar and legal services on the web are bound to develop hybrids in order to accommodate those unwilling to buy the complete package.  

Chris Christie: Fat chance? Maybe more than that

Chris  Christie has embedded himself into the national consciousness.  And there's plenty of him to embed.  But that makes his possible run for office all the more compelling.  Everyone, ranging from the reporters for POLITICO to David Letterman, has jumped in.

 Want a sample?  Here you have  a video, made by Newsy, which captures the escalating attention being paid to this man who speaks bluntly and carries a big girth.

NYC - Temp position for transactional attorney/legal author for legal-products group

The compensation for this long-term opportunity with a global publishing company is $50 an hour.  That trumps most hourly rates for document review.  This attorney author will, the help-wanted states, "create, organize and produce summaries, 'how-to' type practical guidance and legal analysis in selected areas of business law." 

Here are details and how to apply.

Raj Rajaratnam: So, how sick is he, prosecutors want public to know

Convicted insider trader Raj Rajaratnam has requested that U.S. District Judge Richard Howell take into consideration his medical problems when handing down a sentence next month.  The prosecution has asked for the max - 24.5 years.  Sentencing will take place next month. 

All eyes are on that.  The severity will indicate how crimes of that sort will be treated.  So far, those associated with the Galleon insider trading have received stiff sentences.  But Rajaratnam was the ring leader.  How signal might the feds send about master-minding a crime through the sentencing?

Given Rajaratnam's request, reports BLOOMBERG LAW, prosecutors, in turn, asked Judge Howell to unseal the medical records. 

 
Although medical records are protected by privacy laws, the prosecutors argue that Rajaratnam waived that right when he wanted his health to be a factor in sentencing.  They add that the public has a right to that information.

SmallLaw: Best bet for new business development by vendors to legal sector

Whether it's the business models being developed [thanks mostly to technology] or the laser-like ability to target niches [think Hispanics or Eastern Europeans], some players in the SmallLaw sandbox are doing well.  Those range from the lawyers themselves to the vendors who serve the legal sector.

Recently, small business has been taking it on the chin.  For example, BLOOMBERG BUSINESS WEEK has just published a major article debunking the image of small business as America's job-creation machine.  For example, a survey by Hurst and Pugsley revealed that most entrepreneurs set up shop not to grow into the next Apple but simply to earn a living on their own terms.

However, SmallLaw has the possibility to grow significantly.  Unlike the prevailing model of BigLaw, that growth will probably through using contract help and maintaining a non-trophy presence on the fringes of metro areas.  For vendors who know how to do business with small business this is proving to be a decent-paying, steady source of assignments.

The key here is: understanding the mindset of SmallLaw.  Those who run small shops are raw entrepreneurs.  That means they listen.  They don't have formulas they bet the range on as does BigLaw with, for example, its premier branding.  They also are willing to pay a fair fee for what gets results for them and maybe even is a source of new value at their small or solo operation.

It takes trial and error to learn to market and sell to SmallLaw.  For me, the learning curve was about 18 months.  The template I used to operate from had been providing services to the Fortune 500.  Forget that.  Also, currently it's very difficult to penetrate the Fortune 500 for those vendors not already in.  On the other hand, small business is usually open for a complimentary consultation. 

Given the potential in SmallLaw, lawyers and law students might want to check out this option for practicing law.   In Manhattan, the New York City Bar Association is hosting a day of workshops on how to start a small firm or fly solo.  The date is November 10.  The fee is peanuts: $25 for members of the NYC Bar Association as well as law students.  That also covers all meals and attending a music event.  For non-members, the fee is $50.  Here are details and a link for registration.

Michaela Petit: Life snuffed out

Yesterday in the Petit murder trial of Joshua Komisarjevsky, jurors viewed autopsy photos of 11-year-old victim Michaela Petit.  Her body was charred.  The official cause of death had been smoke inhalation. 

In the NEW HAVEN REGISTER, Randall Beach reports the Connecticut Medical Examiner Dr. H. Wayne Carver testified about the condition of the body when it was found at the crime scene.  At the time, it still had on the ropes used to tie the body to the bed before the fire had been started in the triple homicide.  During this testimony, lone survivor of the home invasion Dr. William Petit left the court room.

As with the Clutter family, whose murders Truman Capote made famous in his nonfiction novel "In Cold Blood," part of the global pull force of the Petit trials is the reality that lowlives can enter the world of ordinary people and that's the end of them.  The situation becomes more compelling with the Petits because they were upper middle class.  Well off financially, leaders in the community, and influential, that kind of family should be insulated from the rougher elements in society. 

In addition, the question keeps getting raised: could this home invasion have been prevented with better home security? Here is some expert opinion on that.

A third issue is that the death penalty is on the table.  Convicted murderer Stephen Hayes already received it.  Now, if convicted, Komisarjevsky could also be sentenced to death.  Those smug in their anti-capital punishment stance have had to re-think that in view of this horrific triple murder. From the testimony throughout the Hayes's trial and so far in this one, there seems to be the type of supposed human being which society doesn't want in its midst.

The NEW HAVEN REGISTER makes available the statement Komisarjevsky made to the police shortly after the triple murders.  Here you can read it.

NY - Reuters has 2 openings reporting on M&A

In New York, Thomas Reuters has two full-time openings writing about M&A.   Since the topics are so complex, lawyers and law students considering a shift to communications will still be able to deal with intellectually stimulating subject matter.

 
One is for an M&A Law Correspondent.  Here are details and how to apply.

The other is for M&A Enterprise Law Correspondent.  Here are details and how to apply.