Lisa Bloom Exposed (Courtesy of IP-Law-Ass)

Just when you thought there wasn't anything about Harvey Weinstein that hasn't been exposed, a new book is coming to market to do just that.

Included in the book is an interesting memo from Lisa Bloom to Harvey Weinstein...

https://mobile.twitter.com/yashar/status/1171414194446581761

These people truly are the worst.

Battle of the Crop Tops: Ariana Grande v. Forever 21

Ariana Grande is suing Forever 21 in the U.S. District Court for the Central District of California for using images of a lookalike model in a recent advertising campaign. Her suit against the teeny-bopper clothing chain includes, in part, a common law right of publicity misappropriation action. There are also claims that Forever 21 used Grande's social media posts in their advertising.

Very quick perusal of publicly available materials on California's common law right of publicity suggests that the key element in this case may well be "identity," that is, whether Forever 21's use of the lookalike model appropriates Grande's identity. Grande's "identity" could be evoked by more than just her name or likeness under California law. In fact, it seems possible that a commercial featuring a robot with a high pony-tail, long hair, lots of pink accessories, camo crop pants, and a penchant for licking donuts could fit the bill. See, e.g., White v. Samsung, 971 F.2d 1395 (9th Cir. 1992), cert. denied, 113 S.Ct. 2443 (1993).

Ariana Grande allegedly specializes in singing, but I am unfamiliar with her work.

Forever 21 specializes in cheap clothing options for young women that are almost cute, but add a twist of ugly that ruins the entire garment.

Should Forever 21 settle? Can they afford it given their rumored financial woes? Does anyone think the so-called lookalike model actually looks like Grande? (I myself don't see it.)

https://www.nytimes.com/2019/09/03/arts/music/ariana-grande-forever-21.html

The Hon James V. Selena bench slapps Avenatti

https://docdro.id/nWCxmQQ

First, a bit of background for those of you who have not been following the legal spectacle that is Michael Avenatti closely.

Avenatti is now facing  two related California Bar Court proceedings on, respectively, the State Bar's petition to place Avenatti on "involuntary inactive enrollment" (not eligible to practice law) pending a merits resolution of the Bar's petition to disbar Avenatti for 13 alleged rule violations relating to his former client Gregory Barella, based on written testimony showing that Avenatti: (1) provided Barella with an altered settlement agreement; (2) failed to notify Barella for a year of his receipt of a $1.6M settlement installment; (3) misappropriated from the client trust account Barela's $840,000 share of the settlement; (4) repeatedly lied to Barella about the status of the settlement in aid of concealing his misappropriation.

Avenatti sought, and received a 45 day continuance of the Bar Court trial on the petition for inactive enrollment (to late September), claiming he has been denied access to his Egan Avenatti law firm servers containing the client files for Barella (and the four other clients that the US Attorney's Office for the CDCA has charged Avenatti for embezzling a total of $9M from), and cannot properly defend himself from the Bar and criminal charges until he obtains them.

Avenatti similarly filed a motion to abate the substantive disbarment matter until a final judgment is issued in the CDCA criminal matter.

Avenatti also pointed out that the discovery issue would be resolved by the Judge presiding over the CDCA criminal matter (James V. Selena) when when judge Selena ruled on Avenatti's motion for "unfettered, unsupervised access" everything on EA's servers "relating to the entirety of Avenatti's law practice and business dealings".

And boy did Judge Selena rule.

It is plain from Avenatti’s own description of the content of the Subject Devices that the majority of the content is irrelevant to this case. …[par.] Whatever rights Avenatti may have as managing partner of EA LLP or as attorney to keep copies the firm’s books and records, they do not expand the Government’s obligations under Rule 16.

In addition to the Government’s obligation to produce in accordance with Rule 16, Avenatti has two other avenues to review the material on the Subject Devices. First, the Government has offered to allow Avenatti to inspect its forensic copies of the Subject Devices at the IRC-CI’s offices to allow him to identify relevant information. … Second, the Receiver has offered to allow Avenatti to review the Subject Devices under the Receiver’s supervision and with the payment of associated costs.

There are alternatives, and Avenatti has chosen not to avail himself of either offer  Unfettered access is simply a different turn of phrase to conduct a fishing expedition through the Government’s subpoenaed materials.

 Ouch!

In a footnote, Judge Selena also reminds Avenatti that things are run a little differently in criminal court:

What may be appropriate and required in the context of civil discovery does not translate to criminal discovery.

The significance of Judge Selena's ruling resonates beyond the discovery issue in the CDCA criminal proceeding because it eliminates Avenatti's ground for seeking continuances of not only the criminal matters pending in CDCA and in the SDNY (where Avenatti is also seeking access  to seized devices) but in the two Bar matters as well.

Avenatti is currently facing a trial on extortion charges in the SDNY in November, a trial on the 36 count criminal indictment in the CDCA in May, 2020, and a trial of the State Bar petition for involuntary inactive enrollment in September of this year.

Outrage, as Lowe's Exec Refers to Hispanics Having "Smaller Hands"

One of the great things about our times is that there is some kind of "outrage" declared on the Internet every day.  Today, we have this video where a Lowe's exec is telling these sales helots they should be able to sell a lot of these power tools, which should fit well in the "smaller hands of Hispanic pros."  WTF?  Are we talking Ted Cruz/Donald Trump "hands" here?  It must be something, because it's a media-declared "outrage," at least, apparently, for "employees."  Is it only Lowe's employees who suffer from "hand" envy?  I'm kind of hoping tomorrow's "outrage" will be a little easier to sort out.

https://www.msn.com/en-us/money/companies/lowes-executives-comment-about-hispanic-pros-with-smaller-hands-sparks-employee-outrage/ar-AAGp1sS?li=BBnbfcL

The Needs of the Many outweigh the needs of the Few: Gotham Edition

We all know that meritocracy is racyist. And that inequality breeds contempt.  Presidential candidate and part-time mayor Bill DeBlasio has a solution.

https://gothamist.com/news/de-blasios-school-diversity-group-eliminate-gifted-and-talented-programs

Alleged NYC Prostitute Charged for Death That Mattered

It's New York, you know.  Maybe police believe a deadly spice lady has been dropping Johns for a month (or God actually knows how long) in the Big Apple, but things heat up when the head chef goes missing from Cipriani Dolci.  They heat up even more when the cops call on the lady, only to find a foot sticking out of a garbage can, as the incense in the room fails to quite cover the stench of the decaying corpse, and it turns out to be the corpse of said head chef from Cipriani Dolci.

Now that's a problem.  Not like (apparently) the death of Jean-Alessandro Silvero, or that other dead guy from July, whatever his name was.  Doesn't matter.  Neither one of those guys was the head chef at Cipriani Dolci.  But Andrea Zamperoni, he was.  He was the head chef at Cipriani Dolci, and New York's finest can't abide that.  It was officially time to put down the donuts, and finally do their jobs.

https://nypost.com/2019/08/26/prostitute-charged-in-death-of-cipriani-dolci-head-chef-andrea-zamperoni/

In Story Surrounding "First Space Crime," Love Didn't Win

Time was when I remarked from the peanut gallery that same-sex couples would not find same-sex marriage the panacea they imagined.  Indeed, there were other, better and more precise ways to craft the rights intended for a relationship without formal marriage.  With the "marriage" alternative, of course, the law gratuitously supplies a bundle of rights and obligations, whether or not the participants want (or even understand) them.  Also, of course, the marriage relationship confers expansive jurisdiction on the domestic court when things go south.  Temporary orders typically put one spouse out of the home, while bitter disputes over division of marital property and custody issues become the province of the court, often for a period of many years.

Here we have one such instance.  The marriage lasted only about four years, and now the once-happy couple can't seem to get along.  But it was a marriage, and "self-help" alternatives are limited by those "law" thingies, and the powers of the courts.  Just doing whatever one pleases, even from orbit, may not pass muster (and, as illustrated here, may even give rise to criminal issues).  How fortunate for these two that evolving norms and fortuitous Supreme Court rulings enabled them to enter into their legal marital relationship.

Welcome to Hell, ladies.  Enjoy your "rights."

https://nypost.com/2019/08/26/nasa-astronauts-estranged-wife-speaks-out-about-space-crime-allegation/

LGBT Group Kicked Out of Las Perlas "Like Trash"

In another outrage among the many, daily outrages in the City of Angels, a group of various gender nonconformists with Bienestar Human Services complained of being kicked out of the Las Perlas restaurant "like trash."  The group of eight claimed that they were accosted and threatened by an inebriated couple.  Then, as a result of the disturbance, the culpable duo were allegedly escorted off the premises in a courteous fashion, while the Bienestar group, by contrast, were boorishly tranhandled by the bouncers and forcibly ejected.  There is video, and Los Angeles police are currently investigating  the outrage.  Meanwhile, "protesters" have sought to hold Las Perlas management accountable for this grave breach of protocol.  This decay of basic civility in Los Angelenos culture is nothing less than shocking.

https://www.washingtonpost.com/dc-md-va/2019/08/25/transgender-women-say-they-were-ones-harassed-bar-bouncers-dragged-them-out/

Ogg Stands by Her Oath; Harding Street Massacre Charged as Felony Murder

Some people probably remember how this case first hit the media as a woeful tale of officers injured while shooting it out with a couple of ne'er-do-weels pushing "black tar heroin."  But, as the facts began to bubble out, it developed that no such substances were recovered after the occupants of the stormed residence were gunned down.  Indeed, when pressed to identify the alleged "confidential informant" whose information was the supposed basis of the no-knock warrant, Officer Goines, the officer (now retired) who told that story could not come up with any actual confidential informant who would back him up.

When parties outside the Houston Police Department (e.g., media and the Harris County DA) started looking at prior, similar warrants obtained by Officer Goines (who also had an impressive history of civil suits against him), they saw a troubling pattern.  Indeed, it was a pattern that probably should have been noticed by the Houston PD (and indeed, by the Harris County DA) a long time ago.

Making up for past dereliction, DA Kim Ogg stepped up to the plate today, and brought the felony murder charges, as the evidence so far discovered seems to show that Goines, for whatever reason, completely made up facts to obtain a no-knock warrant, storm a private residence, and kill the occupants.  As a Giglio-forced corollary of the pattern of questionable conduct now tied to Goines, charges have had to be pitched, and convictions based on cases he wrote up will all have to be reviewed.  It is a train wreck of the highest magnitude.

https://www.msn.com/en-us/news/crime/former-houston-cop-gerald-goines-charged-with-murder-in-harding-street-raid/ar-AAGeHUn

Believe Drejka, Or The Video?

In the infamous handicap-parking activist/shooter case, Drejka, the defendant, may have a substantial problem in that his statement to the police does not match the handy video from the security cameras.

Also, this looks to leave him with some trouble as to the elements of his self-defense claim, because the video shows the unarmed decedent stepping back, not "running at" Drejka as Drejka had claimed.  Of course, his lawyer doesn't want the jury to see Drejka as dishonest, so he plans to argue that this was Drejka's "honest recollection," though shown by the video to not be what actually happened.

I don't think this argument gets Drejka out of the woods, because misremembering the facts after he fatally shot somebody does not establish the elements for self-defense.  Even if Drejka takes the stand and testifies that he honestly but delusionally perceived the decedent to be "running at" him when he fired, that isn't going to ring the bell unless the jury concludes that such a belief, contrary to the actual facts shown by the video, was "reasonable."  Also, the jury may be inclined to dislike Drejka because he basically picked a fight over a parking dispute in order to shoot somebody, and he has an established prior pattern of setting up similar incidents.  They may well conclude that it is just better to get him off the street, and they have at their disposal a ready means to achieve this. 

https://www.msn.com/en-us/news/us/stand-your-ground-trial-defendant-said-markeis-mcglockton-ran-at-him-despite-video/ar-AAGbr7z

Avenatti’s Lawyers Have Expansive View of Litigation Privilege

Apparently it applies to good old fashioned extortion, if you are an attorney.

https://www.law.com/newyorklawjournal/2019/08/19/avenatti-argues-litigation-privilege-bars-prosecution-on-nike-extortion-charges/?kw=Avenatti%20Argues%20Litigation%20Privilege%20Bars%20Prosecution%20on%20Nike%20Extortion%20Charges&utm_source=email&utm_medium=enl&utm_campaign=breakingnews&utm_content=20190819&utm_term=nylj&slreturn=20190719171211

Jones Day at it Again (Courtesy of IP-Law-Ass)

IP-Law-Ass pointed out on a recent thread that Jones Day is the subject of a salacious, new claim. Posted verbatim from his comment on CC's earlier post, The Update (ATL, take note. We can steal from comments and cross-reference our own content too):

Some mod should start a thread on the new complaint against Jones Day — lots of juicy details on their appellate group. Written by some very preftigiouf plaintiffs (see below), and they drop some sweet shade along the way (like mentioning oh by the way, Jones Day attempted to litigate and take out the FMLA, but failed).

Complaint:

https://static.reuters.com/resources/media/editorial/20190814/savignacvjonesday--complaint.pdf

Julia Sheketoff and Mark Savignac, the married plaintiff couple.

Her: NYU '10 grad; EDNY clerk; clerk for Justice Breyer (you may have heard of a little court called the SUPREME COURT?).

Him: HLS '11; NDIL, 7th Circuit, and Breyer clerk.

Breakdown of some highlights:

https://threadreaderapp.com/thread/1161714881931952129.html

Move Along, Nothing To See Here

Well, that was the corporate line at LeClair Ryan (no relation) until last week.  Now, there is something to see.  Namely a massive crater where the firm's COBRA obligations used to be.

Law360 lays out the nitty gritty here (https://www.law360.com/articles/1186656).

Question to the commune - what makes your firm different from LeClair Ryan (no relation)?  And in what ways is it similar?  Would you know the door was about to hit you in the backside well enough in advance that you could do something about it?

I'm particularly thinking about the dude they lured to start a practice back in May of 2018.  He said that for a year he knew nothing of the financial trouble (that was plastered all over the news for anyone to see).

Equinox in the news again

It is now time to be angry at Equinox.

The owner of the luxury gym, Stephen Ross, is under fire from liberals -- who, it turns out, compose a large number of its members -- for holding a fundraiser in the Hamptons today for President Trump.

Celebrities, well-heeled Millennials, and others are calling for a boycott of Equinox, as well as of SoulCycle, another Ross-owned enterprise. No word yet on whether the Miami Dolphins, of which Ross is chairman, face similar pariahdom, other than that of not advancing to a Super Bowl in over three decades.

But with Equinox's turn toward the dark side comes an opportunity -- to finally expose Trump in an environment in which he feels no one will be recording him! Perhaps there is someone out there who's willing to surreptitiously take photos of strangers in private settings.

Do we know anyone like that?

If It Seems Too Good To Be True - or - You Get What You Pay For

In a story that one would expect to have originated from Florida (but didn't), a porn "star," who goes by the nom d'enculer Lynn Pleasant pled guilty to hiring a hitman to kill the father of her children.  While this is not necessarily noteworthy, the agreed-upon price for commission of a capital felony struck me as a bit low: $5,000.

It seems that we get one of these stories every couple years.  Some would-be kingpin busted for hiring who they believe to be a professional killer for the equivalent of a used ten-year-old pickup truck. 

When it comes to hiring a professional killer, maybe don't follow the contract awarding policies of a municipal government and fork over a few extra ducats for someone who is not:  (a) an informant; or (b) so addled that they are willing to risk life behind bars or capital punishment for $5k.

Here's a picture of the charming Ms. Pleasant, since I know you all want to see:

Twenty women accuse CA appellate justice of inapporpriate remarks, touching; he calls it a “whisper campaign”

What to call a Commission on Judicial Performance trial seeking to defrock a setting justice? "Witch-hunt seems, well, counterproductive. So “whisper campaign” it is.

A lawyer for a Los Angeles-based state appeals court justice told a panel of judges Monday that sexual harassment charges against him stemmed from a “whisper campaign” in court hallways fueled in part by a female judge who enjoyed being at the center of attention.

During the first day of formal proceedings against 2nd District Court of Appeal Justice Jeffrey H. Johnson, his lawyer suggested Johnson was the victim of malicious gossip and that some of his accusers, including Justice Victoria Chaney, were not credible.

Chaney, who serves on the 2nd District Court with Johnson, has accused him of sexually harassing her for years, grabbing one of her breasts, patting her bottom and repeatedly asking her to have an affair with him. She and Johnson were appointed by former Gov. Arnold Schwarzenegger. 

Unfortunately for Justice Johnson, there are no shortage of character witnesses - and not the good kind.

The state’s first witness, Roberta Burnette, a private lawyer, testified that she met Johnson at the Jonathan Club in 2015 at a dinner sponsored by the Assn. of Business Trial Lawyers.

While they were seated alone at a table toward the end of the night, “he said to me, you know you are very voluptuous,” she testified. She tried to brush off the remark and changed the subject.

As their conversation continued, he eventually asked her to perform one sexual act on him, then another, she testified.

I like an appellate judge who gets right to the point, don't you?

Read more sexy details, here.