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The Common Scold



The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


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WHERE'S KEVIN BACON WHEN WE NEED HIM?

21874165 OK, I confess: I WAS dog sledding last week, not in the Yukon, but in Orlando at ILTA, so I'm late to the party about the hysterical Nixon/Peabody "It's not a Theme Song" brouhaha. Let me turn the mic right over to Ambrogi at Law.com's Legal Blog Watch:

Just when it seemed the blogosphere had drained every last guffaw out of the Nixon Peabody not-a-theme-song song (here in MP3), along comes one more: Selection of the song as the Favorite Jam of Summer 07 by the VH1 program Best Week Ever.

Unless you've been dog sledding through the Yukon the last two weeks, you know the story of the song, which the firm commissioned in celebration of being named one of Fortune magazine's 100 best companies to work for. You know that Above the Law blogger David Lat posted the song on YouTube, only to have Nixon Peabody demand it be taken down. Although a firm spokesperson asserted, "Fun is not prohibited here," the blogosphere saw it differently. Lat collects many of the links while The New York Times, Blawg Review #123 and my colleague Carolyn Elefant all provide summaries of the ensuing PR debacle.

Which brings us to this latest honor from VH1. Why pick the Nixon Peabody song as favorite summer jam? "Best Week Ever" comic Michelle Collins explains:

"Guess what, law firm? You can’t stop the tubes! And thank god. Why? Because 'Everyone's a Winner at Nixon Peabody' is officially our Favorite Jam of Summer 07! The type of tune that makes you want to get out the Bartles & James, brush n’ braid your long gray hair, tear off your stirrup pants and miniature horse cardigan, and make out with your 77-year-old husband on a nude beach somewhere in Pueto Vallarta. For real, check it out -- it's almost too good to be true, the kind of motivational song usually saved for competitions between unable-bodied peoples, not high-power blood-sucking attorneys."

Yes, everyone's a winner at Nixon Peabody -- except, it appears, the PR staff.

Be absolutely sure to check out VH1 link -- it's hysterical.

I guess the question is, should they fire the person who dreamed this up, or give him or her a HUGE bonus???

P.S. If the header deludes you, hint: Footloose.

August 30, 2007 in Law Firm Management, Marketing | Permalink

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