BLAWG REVIEW #87
As 2006 careens to a close I am delighted to be ho-ho-hosting Blawg Review #87. It’s that time of year for making a list and checking a twice. And wouldn’t you know it, the legal blogisphere has no shortage of opinions on who’s naughty or nice.
So ’common and cozy up to the fireplace. Bring that hot chocolate with you and let’s take a look at the week in review of who’s hot and who’s not.
Naughty prosecutors have long been accused of pressuring businesses into disclosing privileged attorney-client information in exchange for more lenient treatment, forcing companies to devise increasingly complex compliance programs according to Leon Gettler. Even Larry Thompson, the author of the famous (or infamous) Thompson memo thinks some prosecutors have been generous in applying the principles set forth in his memo.
Internet technology is good and has allowed for the creation of micro communities with micro focused content according to law firm economics guru Bruce MacEwen at Adams Smith Esq. MacEwen points to the new site Drug and Device Law as an example of how the web can make the exchange of ideas and analysis more efficient. Amanda Benedict has started a new blog with micro focused content, called California Appeal.
While the technology helps transcend traditional disintermediation and bring the discourse to another level, there is, however, a dark side Bruce. I can sum it up in 2 words: plaintiff’s counsel.
And then there is the misuse of technology. Freedom to Differ blawger Professor Peter Black notes the use of PowerPoint presentations as a tool for improving debate in the House of Representatives and making the proceedings more interesting to young people is doomed to fail.
Speaking of efficient, many lawyers spend a lot of time doing on line research. Those hours of research can add up quickly and throw a legal budget into a tailspin. Thankfully Prawfsblawg has put some of the best academic minds to work to offer suggestions on how these services can be improved. That’s a good thing.
Even long hours can sometimes be a good thing (just don’t bill me for it) according to Stephanie West Allen. She writes that extreme (read workaholic) lawyers often love their work. I certainly hope so! I’ve always said that if you’re going to spend that much time doing it you might as well love it.
Ironically, while working long hours usually wins law firm kudos, working “forever” doesn’t. Jen Burke therefore gives two thumbs down for law firms who push out partners and then get sued for age discrimination. You would think a law firm would know better. Apparently they think some of their senior partners are too senior.
A thumping also goes to companies who fire the same employee twice. Twice? Yes, twice. J. Craig Williams at May It Please The Court notes that if a fired employee sues to get reinstated the Ninth, Seventh, and Third Circuit Court of Appeals says the employee is not bulletproof and if the circumstances warrant it they can be fired again. Ah, the value of hindsight.
Last week marked the 65th anniversary of the bombing at Pearl Harbor. In reflecting on the event The Volokh Conspiracy drew a meaningful lesson that is equally applicable to corporate governance and legal risk management: “we cannot win with a purely or even primarily defensive orientation.”
Perhaps that’s why more companies are getting proactive about managing their legal risk and seriously entertaining lawyers as candidates for CEO. The Wired GC notes that the Wall Street Journal can’t seem to fathom the GC-to-CEO phenomenon. His response: get used to it.
And what would the holidays be without gifts? Especially gifts with potential product liability! Batteries not included? Always on the lookout for new liability exposures, Declarations and Exclusions points [somewhat facetiously] to the perils of Nintendo’s popular new gaming console.
On the lighter side, recovering lawyer Madeleine Begun Kane has a humorous gift giving contract to tickle your funny bone.  Of course the tough part about keeping gifts a surprise (especially if you have kids) is keeping them a secret. Â
Perhaps we can take a page from the U.S. government, according to Patent Baristas Uncle Sam has been keeping more inventions secret. The number of secrecy orders has been on the rise since 9/11. At the end of fiscal year 2006, there were 4942 secrecy orders in effect, some of which have been in effect since the 1930s.
And that wraps up this edition of the Blawg Review. Thanks to everyone who contributed this past week and best wishes for a joyous holiday season and a new year filled with blogisphere insights. Blawg Review has information about next week’s host, and instructions how to get your blawg posts reviewed in upcoming issues.       Â
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