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Nixon Peabody: This Is Not a Love Theme Song

Nixon Peabody LLP horrible theme song Above the Law blog.jpgWe've been in touch with representatives of the Nixon Peabody law firm about the musical composition that we posted (mp3) and wrote about this morning. First they sent us a statement by email:

"This song was put together in celebration of Nixon Peabody's Fortune 100 'Best Places to Work' recognition. Nixon Peabody aims to be the best law firm to work with and the best law firm to work for. Fun is not prohibited here."

Fair enough. But then we spoke with two firm spokespersons by telephone. They called us.

It wasn't a very "[f]un" conversation. They weren't happy campers. Even if they may be winners, since "everyone's a winner at Nixon Peabody."

this is not a pipe this is not a theme song Nixon Peabody NP Above the Law blog.jpgThey emphasized that the song was internal to the firm and is protected by copyright. They also insisted that it is NOT a "theme song" -- in any way, shape or form.

They demanded to know who sent the song to us. We informed them that we don't reveal our sources, unless served with a subpoena (and maybe not even then -- a Judy Miller-style jail stint might be good publicity for ATL).

They asserted copyright over the song and asked us to take it down, from our site and from YouTube. We stated our view that posting and commenting on the song constitutes fair use. It also falls within our newsgathering mission as a media organization.

We explained that our site is all about law firms and the legal profession. They said: "We know what you're about."

They claimed the person who leaked this song is "in a fight" with Nixon Peabody, and menacingly stated that they (meaning NP) "don't intend to let this thing lie." We informed them that we have no desire to get involved in the firm's purported dispute with this unnamed individual. And that's where we left things.

More thoughts after the jump.

That last part of the discussion struck us as a bit undignified. Nixon Peabody is #65 on the Am Law 100. It's a law firm with over 600 lawyers, 200 partners, and almost $400 million in 2006 gross revenue. And Fortune magazine has declared the firm a "Best Place[] to Work" (in case you hadn't heard).

So why are they getting so incensed over a little ditty on the internet? Why not try to have a sense of humor about it?

Are they worried about the song running afoul of lawyer advertising rules? One tipster points out:

From the Comments section of the Rule of Professional Conduct (Section 7.2) in the State of New Jersey:

"The rule requires that all advertisements about a lawyer or the lawyer's services be presented in a dignified manner, and prohibits certain modes of presentation such as music, animations, and the like. These devices would add little, if any, consumer-useful information to a communication, and are more likely to attract clients for reasons other than those that are relevant to the selection of appropriate counsel. Any consumer-useful facts that might be conveyed by the use of jingles, lyrics, cartoons and the like can be communicated freely and explicitly via the written and spoken word."

But the NP song -- which, to repeat, is NOT a "theme song" -- does not constitute lawyer advertising. It was produced for internal use, not public dissemination. It was leaked to us, without the firm's knowledge or consent, and our coverage makes that clear. We think the firm needs to relax.

(We will append an explanation to the original post, directing readers to this post and explaining that the song is not lawyer advertising, was prepared for internal use only, was leaked to us, is being used over the firm's objection, etc.)

So that's where things stand. We'll let you know about any further developments.

And remember: It is NOT a "theme song"!

Earlier: Someone Deserves To Be Shot Over This

Everyone's A Winner At Nixon Peabody [mp3]


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Comments

Doesn't sound like the reaction of a group of winners.

This is your finest work yet, Lat. Bravo.

They emphasized that the song was internal to the firm and protected by copyright. They also stated that it is NOT a "theme song" in any way, shape or form.


Well, what's a theme song, then?

Does this song play every time an NP lawyer gets up to argue? Does it play during NP softball matches? Will it be on the new Kanye West album?

Composed by the same person who gave us the New York Mets "Our Team Our Time" song? you decide

WOW!!! A bona feede dustup with ATL!!!!!

(What public relations morons).

This little item would have been off the radar in 24 hours. BUT NO, they had to threaten the press, and (incredibly) hint that there is a much larger story below the surface.

Way to go peabody!!!!

There has to -- HAS TO -- be a video of NP partners awkwardly attempting to dance to / lip sync this song at some terrible firm retreat or celebration. The firm is obviously worried that THAT will get out.

My thoughts are that place seems like a miserable place to work and that no one there is a winner. The theme song that (they admittedly made and distributed to employees but that apparently embarasses them) is copyrighted so it has to be taken down? Lighten the f(*& up. Don't make dorky theme songs if you don't want to get made fun of.

Why can't NP just be proud of their little ditty?

Dear Mr. Lat:

This post make me, managing partner of Nixon-Peabody LLP-Attorneys at law look ridiculous (and a man in my position cannot afford to look ridiculous.


Now I know that I would never want to work for a loser firm like NP. I mean, if they just laughed this off noone would have cared by tomorrow. Instead, they have to be prick lawyers and threaten Lat with legalese.

This is a perfect example of what is wrong with BigLaw. They could have had a laugh and looked good in front of recruits and laterals, but instead they had to pull out the dick card.

Way to go...........

what idiots

Apparently, gearing up for litigation against ATL will be added to the list of justifications for not raising to 160 in DC.

Attention NP summers... feel like doing 3L interviews now, do ya?

I'm interviewing with NP next week during OCI. My initial reaction to the song was "good for them, they've got a sense of humor about themselves." Now, after their reaction, there is no way in hell I'll be working there. I may use the interview time to ask them about it though, just to see them squirm.

Getting into an argument with a well-known and catty blogger -- well done, Nixon Peabody. They'd be wise to recall that old adage: don't get into an argument with someone who buys his ink by the barrel. (Ok, Lat probably doesn't buy ink, but you know what I mean.)

Lat, do a motion for decalratory judgment as to ATL's right to use this under the fair use doctrine.

So, IMPOSSIBLE MISSION FORCE, your assignment, should you decide to accept it, is to find out to which employment dispute the (spastic) spin doctors at Nixon-Peabody allude.

We need NAMES and details!!! All ahead full!!!!

This post will self destruct in 10 seconds…..


I can play a mean cowbell. Hire me, NP!

"We explained that our site is all about law firms and the legal profession. They said: 'We know what you're about.'"

OUCH.

3:16, not only is that not funny, it's wrong. Lat needs to commence suit before filing a "motion for declaratory judgment" (whatever the F that is). I know law school starts in a week or so, but you need to tame your inner gunner so you don't sound like a dufus in class.

ATL: "I am opening a can of whoop-ass, and it has Nixon-Peabody on the label!”

Observer: "your ass is grass and ATL is the lawnmower".

What a bunch of humorless, self important, stiffs.

Will this be their Courtroom "Entrance Music?"

"...MY GOD!!!! THAT'S [Fill in your favorite NP attorney]'S MUSIC!"

I wasn't even going to listen to the song until I heard their response!

Any IP lawyers care to comment on Lat's fair use argument? It's not my specialty, but complete reproduction and publication of an entire song strikes me as probably a bit beyond what fair use allows.

"a Judy Miller-style jail stint might be good publicity for ATL."

Umm ....

Yeah Lat ....

That's what we all were thinking when we put Lat and Jail together...

Does the answer on the "fair use" issue change based on all the commenters who have commented on and dissected practically every line of that song by now?

3:16, not only is that not funny, it's wrong. Lat needs to commence suit before filing a "motion for declaratory judgment" (whatever the F that is). I know law school starts in a week or so, but you need to tame your inner gunner so you don't sound like a dufus in class.

Shut up douchebag

Of course, given BigLaw's desire to follow the herd, I can't imagine that there aren't more theme songs, videos, posters and like out there that are equally disturbing/humorous -- sounds like an opportunity for more posts....

Way to go Lat.

We need a NP mole to reveal the name of the man or woman responsible for commissioning such a fine work of art.

The response sounds like the Nixon Peabody I know and have litigated against....bunch of blowhards that don't really know what they are doing.

3:23 -- The lights go out as a blaze of sparks shoots into the sky on either side of the courtroom aisle. NP Entrance Music starts. They strut to the front confidently, menacingly teasing the crowd. Then - - "MY GOD, NO!!!" - - Lat, dressed in a banana hammock with ATL emblazed on the rear, sneaks up from behind and smashes them over the head with a chair. Bedlam ensues.

Did they threaten to sue you for punitive damages that you are giving them, a la Sol Rosenberg?

Lat, will you please take this down, erase the entire thread and call and apologize to our PR staff. If not, we will sue you and take your website. I will personally turn it into a blog for NP summers who want to share thoughts on interesting projects.

Biglaw Perk Watch: Firm Theme Songs

just a suggestion...

This sounds about right for a firm named "Peabody"...makes me feel all warm and fuzzy inside.

I just can't believe they admitted this is their theme song...

Does ATL have a summer associate program? Perhaps L2L could get assigned to the Nixon Peabody case, unless he got lost in the unfortunate assignment bin.

NP is completely over reacting. This would have gone away in two days had they ignored it. By the way. the page only has 1900 hits on youtube. By comparison, "I pimped my dog" has over half a million.

Lat, please accelerate the Fall Recruiting threads to include NP. Seems fair since we're already discussing them.

Fair use factors

1-the purpose and character of your use
2-the nature of the copyrighted work
3-the amount and substantiality of the portion taken, and
4-the effect of the use upon the potential market.

Considering NP said that the song was not for external use and considering shortness of the song, factors 2 and 4 are clearly in Lat's corner. Factor 1 seems to be in Lat's corner, since he used the work for commentary - but his commentary was directed less at the song than the law firm. Factor 3 NP wins - he used the entire thing.

I would throw the parody defense out there too given the ridiculousness of the work, but no court has (yet) found a song to be self-parodying.

You Tube will bow and take it off within 2 hours....

I know as I have already called and told them this is my special theme song and its protected, and I'm important, and I get paid alot, and, I very powerful, and I work for a powerful firm and, did I mention how important i am?

3:47: The YouTube entry has been updated. The video has now been viewed 6,383 times.

But I agree that NP should have just ignored this. I wonder if they will dig themselves in the hole more, with additional threatening emails or phone calls to Lat.

Is "cell phone ringtone" considered an improper use?

I just lost a whole lot of respect for Nixon Peabody. (1) They have no sense of humor. And clearly no sense of PR. (2) They made the song, distributed it, and now are backing down from their own product. Way to step up. (3) They're trying to throw their (self-important) weight around to intimidate a blogger. Nice move putting an upbeat email in writing and then telephoning so that their threats weren't in any discoverable form. (Did you really think Lat was going to quietly take potshots and threats from Nixon Peabody?) (4) They are displaying a very elementary and unsophisticated understanding of the law.

What would make this story even better would be finding out that they've taken the trouble and expense to register the copyright to their little ditty, in which case we could conclusively say that they're either insufferably self-important or running really low on work (and maybe both).

Perhaps a musical ATL response? Just like the East Coast/West Coast rivalry, without the shooting.

Prediction - Lat takes it down. He seems a little intimidated by NP's response. This is your wuss test Lat. Are you just another XOXO, or does this blog stand on principle?

I don't think, even if NP were to take credit for it, this song would run afoul of Section 7.2 of the Rules of Professional Conduct.

The Rules are intended to protect the profession from outlandish advertising directed at the public, for public consumption of an attorney's services.

I do not believe, however, that they are intended to restrict a law firm's advertising to current and future attorneys as a place of employment.

The NP song, if it were to be given out externally, would be used for recruiting purposes, I believe. Attorney advertising retrictions do not apply in that realm.

Oh wow. Lat, you've completely validated your site's intrinsic worth. The story couldn't be better if you made it up. Bravo, my good man, bravo.

Best!

-- ET! (who's litigated against NP and shares 3:34's opinion)

I'm really concerned... If I forward this link to friends and other attorneys, do you think NP will file suit against me for "Aiding and Abetting a Breach of Fiduciary Duty" or some other trumped claim?

Maybe NP should intervene in Viacom v. YouTube...

I have worked extensively with the Nixon Peabody professionals. My experience has been that they are truly dedicated to the profession of law yet not adverse to having some fun. From a litigation perspective, they can't be touched. I know countless others who share my opinion. The video is fun and NP is simply concerned that this may have been acquired illegally. If ATL had requested a copy I bet he would have received it within hours.

MoFo has a band (the MoFonics) and they sing songs that they write (often about folks in the office, etc). A little cheesy, yeah, but the firm is generally good humored.

MoFo = way better than Nixon Peabody.

Because acting like a bunch of grumpy asses about something legitimately chortle worthy is really going to make them look anything like a "Best Place to Work"

Wow, being a winner is apparantly stressful per your conversation....

Someone check 4:04 for a Rochester, NY IP address

Way to blow things out of proportion and make your firm look like a bunch of tools, Nixon Peabody. If you don't want your clients or the general public to see or hear something, it's a good idea not to create it in the first place. Just ask Paris Hilton, d-bags!

NP are complete morons. If they reacted with a self-depricating sense of humor, this could actually get them some good PR. Instead, they demonstrated that they have no grasp of copyright law and solidified themselves in the minds of the legal community as that "idiot theme song firm that tried to intimidate Lat."

If the song ever gets video - my career is over. Oh noes!

3:56(1): Why do you say Lat seems "intimidated" by their response?

NP told him to take down the song, and he told them to suck it - er, take a hike.

Can't wait for NP's grunge phase (should be right about 2014), followed by its inevitable electronica period.

They need to get a grip over there.

From a PR perspective, the email statement was perfectly fine.

They should have just left it at that. Or maybe added, if they were worried about the lawyer advertising issue, a "for the record," CYA-type objection to external use of the song.

But the telephone call: BONE HEADED.

Anyone else not able to listen to the song now? I tried to listen but it just keeps "loading."

What?

Not to get all Vault-snobby, but I love the idea of a couple of losers from Nixon Peabody trying to intimidate a former AUSA, Wachtell associate and circuit clerk with bull$hit legalese, especially considering that he runs a BLOG ABOUT LAW FIRMS ACTING STUPIDLY. What genius thought that was a good idea?

Fortune magazine has also declared Alston & Bird a Best Place to Work for many years. I can say from personal experience that the Fortune rankings are crap.

4:15 - It works fine for me.

I am listening to the song for like the eighth time today (while laughing uncontrollably).

Did everyone in the firm get a copy? If so -

Worst. Employee. Gift. Ever.

4:04, so what you're saying is, it's the "process" by which the song came to be played on YouTube and ATL? Are you implying that it is YouTube or ATL that have committed a crime? Please.

You sound like you've either 1) already been in touch with the top folks at NP about this or 2) you are at NP (given your certainty that "NP is simply concerned...").

Either way, NP has no claim against ATL; even in it does, ATL has rock solid First Amendment defenses; and, most importantly, NP's own actions have put it in an astonishingly worse position. Is this how NP litigates?

My guess is that neither of the firm "spokespersons" that Lat spoke with are lawyers. They are probably PR folks who don't know poo about the law. I hope they get reamed for trying to pull that legal harassment $hit on Lat, given his current career path!

3:23: It called PARODY baby!!!

(Nixon-Peabody: “That is humor, I recognize that.”)

Ya’all might want to peruse the Supremes latest exposition on that subject, Campbell v. Acuff-Rose Music, Inc. 510 U.S. 569, 114 S.Ct. 1164 U.S.,(1994)

4:04-

This is the worst attempt I have ever seen by a self-interested associate/partner of PR

Law firm calls law gossip blog and makes empty threats to avoid negative and/or embarrassing publicity. Good call, geniuses!

They said: "We know what you're about."

That sounds scary. Is NP going to take out a hit on Lat???

Okay, I'm all set. Maybe too many people were trying to access it when I was. I'm trying to type through the tears, both horror and laughter.

"We know what you're about" = "we're ticked that you pressured us into giving raises that cut into our theme song production budget"

Lat... Let me know if you need a referral... ;-)

The story is now on Digg:

http://digg.com/music/Company_threatens_blogger_who_posts_leaked_corporate_theme_song

Well, the firm’s namesake IS TRICKY-DICK, the paranoia king, after all.......

3:16, not only is that not funny, it's wrong. Lat needs to commence suit before filing a "motion for declaratory judgment" (whatever the F that is). I know law school starts in a week or so, but you need to tame your inner gunner so you don't sound like a dufus in class.

While it is true that you need be embroiled in ongoing litigation before bringing a motion for Declaratory Judgment, if you don't know what a DJ is then you are an idiot - probably a wills and trusts douche

"At Eastern Motors. Yo job's yo credit credit..."

"While it is true that you need be embroiled in ongoing litigation before bringing a motion for Declaratory Judgment, if you don't know what a DJ is then you are an idiot - probably a wills and trusts douche"

LOL

um, you mean summary judgment?

It's a theme song. End of discussion.

Firms that play well with ATL (by responding to Lat's inquiries about compensation, clerkship bonuses, etc.):

Simpson, Latham, Weil, Sidley, etc.

Firms that don't play well with ATL:

Nixon Peabody

There is a "declaratory judgment", but not a "motion for declaratory judgment".

Maybe a motion for summary judgment on a cause of action for declaratory relief, but "declaratory judgment", sorry no cigar students.

There is a "declaratory judgment", but not a "motion for declaratory judgment".

Maybe a motion for summary judgment on a cause of action for declaratory relief, but "motion fordeclaratory judgment", sorry no cigar students.

NP is an outstanding firm with a steller reputation. I interviewed with them and found the lawyers (both associates and partners) to be smart, funny, and talented. They really made me feel welcome. This video was obviously made for fun -- NP likes to have a good laugh even if it's at their own expense. It's a "work hard, play hard" atmosphere unlike most of the larger firms in the city.

I hate recruiter trolls, 441.

4:41 - "My captors are treating me well. They tell me I will be released to see my family as soon as I bill the modest amount of 2000 hours..."

I have worked extensively with the Nixon Peabody professionals [as a partner at Nixon Peabody]. My experience has been that they [we] are truly dedicated to the profession of law yet not adverse to having some fun. [For example, on Fridays, sometimes we let people leave at 5:30 and I have heard a couple of people here tell jokes that are real knee-slappers!] From a litigation perspective, they [I] can't be touched. I know countless others who share my opinion[, such as all of my fellow partners at Nixon Peabody]. The video is fun [demonstrating our truly quirky and -- what do you kids call it these days? -- "LOL" personality] and NP is simply concerned that this may have been acquired illegally [and we will sue Lat's ass if it was]. If ATL had requested a copy I bet he would have received it within hours [because clearly we don't mind if the public has a chance to listen to our catchy theme song. At. All. No, really. We don't].

3:16, 4:33 and 4:35:

You can file an action for declaratory relief under the Declaratory Judgment Act (in fed court) and under several state statutes, brainiacs. You don't need to be "embroiled in litigation" at the time you seek declaratory relief, either.

DJ = Declaratory Judgment, not summary judgment, 4:35. It's not a typo.

You all might benefit from this nifty website during your 1L Civ Pro class.

http://www.west.net/~smith/declare.htm

A bit of advice: shoot for a position in corporate law. You don't really need to pay attention in law school to be a corporate attorney.

These Nixon Peabody spokespersons Lat dealt with sound like whiny bitches. If you put together a crappy song in a lame attempt to build internal morale, just admit it. We'll only make fun of you until something better comes along, and we get distracted.

I think this post -- Lat calling out Nixon Peabody for trying to threaten him -- should go down as a "best of" ATL (or UTR for that matter, although the hotties of the judiciary would be hard to beat).

I can't believe that some biglaw associate hasn't "revised" the NP Wikipedia page to include a reference to the on-going controversy...

"Work hard, play hard." Wow, sounds great. Never heard that on an interview before.

BTW, when I interviewed at NP, an associate interviewing me told me that during her summer, when most of her friends at other firms were out at fabulous events, she generally got Subway on her way home at 7pm. Sounds great! Where do I sign up?

Their first response was their best. They should have just shrugged it off... Oh well, that's not something that people who are paid to argue reflexively do. I suppose there was nothing embarrassing about them politely asserting their copyrights, as Lat did use the whole thing... Just make a cut of the funniest part, Lat.

"DJ = Declaratory Judgment, not summary judgment, 4:35. It's not a typo. "

4:46, I understand acronyms. I was making fun of the point that DJ DOESN'T require one to be embroiled in litigation. Hence, the poster I was laughing at probably meant summary judgment throughout. Is context that difficult?

I know "what you're about" too.... Good times!

That song is way too cheesy and upbeat to be a legit theme song for any of the beat-down BigLaw associates I know. I would suggest the following as a better fit:

http://my.break.com/Media/View.aspx?ContentID=154120

Nixon's the one!

Speaking of my own experience, Nixon Peabody is the most prestigious, kind, wonderful, place to work! In addition, all of the partners have a wonderful sense of humor. It is simply a marvelous firm, the bestest ever!!!!

Miles to go before I sleep, Master

4:41 - so there is a video?!?

What exactly is the significance of it being NOT a theme song? Does it reduce the leel of douchebaggery?

Well it may not have ever been intended as a theme song, but I will say that, now that they have gone to the trouble of causing a dustup over it, it is DEFNITELY a theme song.

I am speachless, what the heck were they thinking?!

Lat to $15 per Brooks Brothers ad!

It's easy to make light of this and I imagine the folks at Nixon are probably amused by it too. They would be the first to see the humor in all of this. I interviewed at Nixon last summer and found them to be a a genuine, fun group of people. In fact, I recall viewing this video with one of the associates. It was fun . . . we both had a good laugh then a great lunch.

Lat, you might want to look into the Digital Millenium Copyright Act.

(this is not legal advice and no attorney-client relationship, etc.)

4:49 -- On the plus side, the associate you interviewed with is probably still going home at 7pm, rather than 10pm. When I interviewed with them, NP paid below market and had a lower hours requirement. Seemed like more of a lifestyle place than biglaw.
Fewer "fabulous events" = more free time.

Not where I wanted to start my career, but might not be a bad place to spend some time later.

I'm confused about the person who keeps referring to this as a video and who said that he/she watched it with one of the associates on an interview. I assume that this is probably the same person, since I have never been so wowed by a firm I interviewed with that I can picture multiple comments from past interviewees going on about how lighthearted and fun the firm is. In fact, I also assume that these comments were written by someone who works at Nixon.

Back to my question, is this a "video" with actual pictures? I would love to see that!! Does it top the video Lat posted on ATL several months ago (I don't remember the firm, but it was based in Texas)?

5:35: Nixon Peabody "might want to look into the Digital Millenium Copyright Act."

The requirements for a DMCA takedown notice are elaborate. A vaguely threatening telephone call does not satisfy them.

every time (and yes, there have been multiple times) i listen to this, all i can do is picture carlton banks from the fresh prince dancing to it.

5:35: I love the disclaimer. It would be a scary world indeed where an anonymous comment on a freaking blog could create an A-C relationship...

YouTube had it easy with Viacom. But watch out, cause Nixon Peabody vill krrrush you.

I think the person who keeps talking about how great their Nixon interview was is a recent applicant that either (a) desperately wants an offer, any offer, from BIGLAW or (b) only has a Nixon offer and desperately does not want to appear as though s/he is going to a TTT firm (which, despite Vault's current rankings, is what this episode is setting itself up to establish).

" I interviewed at Nixon last summer and found them to be a a genuine, fun group of people. In fact, I recall viewing this video with one of the associates. It was fun . . . we both had a good laugh then a great lunch."

Hmmmm, so this is some kind of recruiting tool? To demonstrate Nixon’s (alleged) sense of humor?

Well since, (according to the Nixon spokesperson) Lat's assumed tipster "isn’t letting this go", may I humbly that said tipster POST THE VIDEO?


I have worked extensively with the Nixon Peabody professionals. My experience has been that they are an awesome family, and that their firm is a happenin' place to be.

August 23, 2007 05:16 PM:

No, NP's "le[v]l of douchebaggery" as you (so appropriately, if colloquially) phrased it, has been cemented in the douchebaggery record books for some time to come.

No firm will touch it this millennium--without steroids.


"their firm is a happenin' place to be."

Who talks like that?

Peabody (very) senior partner with an outdated "youth" phrase book?

Totally lame.

At what point on the Vault list do firms start announcing that they are "Attorneys at Law" (like NP)?

I know that some firms put together cheesy skits and make cheesy videos for firm retreats, but I think there's more to this story than Nixon Peabody wants to let on. First, this isn't just a butchered version of a popular song with dorky lyrics that lawyers will find funny. They created a damn song! A song that sounds like it came straight out of 1988. Second, if the song was created just to show how funny and quirky Nixon Peabody lawyers are, why in the world would they be so worried about the anonymous disgruntled employee or adversary with an axe to grind and be so hyped up about keeping the video under wraps? Something doesn't add up.

7:08, you are an idiot. Listen to the Theme Song (oops). Nice one, 7:00.

Too damn funny! You rock!

And if you play it backwards it says:

Oh here's to my sweet Nixon.
The one whose little path would make me sad, whose power is Nixon.
He will give those with him 666.
There was a little toolshed where he made us suffer, sad Nixon.

Heads off to the CMO and COO, no (sober) lawyer would have initiated this.

Clients must feel real safe going with a firm that sends out 1000 copies of something and is shocked that it is leaked

LAT:
Setting aside the fair use question, NP said the song is protected by copyright. How, precisely? Did they do it informally? This would require them to file in order to enforce the copyright. You cannot ENFORCE a copyright, by trying to intimidate bloggers, if the copyright was only established informally (eg, when you just slap a (C) on something.) You must FILE in order to ENFORCE. OR is it possible that NP - in the spirit of fun, after all - has already gone through the trouble to file a copyright on this song? Bwa-ha-ha-ha-ha-hahahahaahahahahah!!!!!!*&(*!&)(*@&$%@!!!!!!!!

I recently lateraled to NP as a mid-level associate coming from a bigger, better firm, and this completely disturbs and upsets me. Is it wrong that I want to quit because of this? Don't get me wrong, it's a fine place -- I feel that I'm treated well and the work is generally good (and hours definitely better than real biglaw), but seriously, I can't hide the shame I feel based on this song. Thoughts? I'm actually in this position right now -- so if you were me, what would you do?

5:29=NP's mom

Dear 8:36:

OK, so you work in a, shall we say, musically challenged environment. You may take some ribbing, but so what. (I used to work at a firm where a senior partner got drunk at the summer picnic every year and pulled out his accordion and polka song book. Of course the firm never made it into a video or audio promo tape.)

If working at a slightly dorky firm bothers you, there is always Lateral Link.


I could be wrong, but I believe works that are internally distributed within a company are not considered made public. At least such an argument could be made. An author controls the right to the initial public distribution of their work. If NP did not intend the song to be made public and did not directly authorize the song's public distribution there may be a claim on there part.

Does everyone buy the NP explanation that this song was never intended to be a firm promotional sound track?

This audio track cost someone studio time, studio musician time (hell, it sounds like an entire orchestra), they paid a songwriter, a sound engineer, singers, back up singers ECT. Then they paind for post production.

Would NP have done this strictly for “internal” use? I am highly skeptical.

It must have cost a bundle to produce, and NP is not denying that they own the rights to it. (A more intelligent response might have been "what song", or no comment.) But the musical (hep) cat is out of the bag.

Lat,

Your blog was really starting to suck, what with the Charney litigation going silent, stupid LEWW columns, and the like.

Then you posted this, the Nixon Peabody theme song, lyrics by MC Hammer, music by George Michael, and my jaw dropped.

This is truly ATL's finest hour.

Anyone catch the tag line "the folks at Fortune magazine agree...every ones a winner at Nixon Peabody…”.

Was Fortune Magazine that glowing in its assessment?

Shouldn’t Lat get Fortune’s comment?

9:06 - Are you suggesting NP wrote this song? Does your analysis depend on NP writing this song? Isn't it more logical to suppose some TTT song writer got paid $10k to write this shit, and he assigned his rights to NP...in which case the question is whether NP gets to now stand in the shoes of the author without having to file any kind of copyright, etc.?

9:06, 9:19:

Chillax. Who gives a flying fsck about copyright? This is funny as hell and deserves to be skewered as much as possible, copyright be damned.

You're right.

I love how Lat's posting tags = commentary: rank stupidity. That is awesome. From now on I plan to do lots of searches under "rank stupidity."

9:33, according to the Archives (left-hand column), there are 39 posts currently filed under "Rank Stupidity."

Gotta love this noble profession of ours...

Lat, the flacks are dying to know (and we are bigger gossips than associates)--was it in-house or agency trolls that threatened you? Details, we want details!!!

Great to know your law firm is not bothered by "confusion and uncertainty"... What a bunch of fucking tools!!! Do these people ever go outside?

Great to know your law firm is not bothered by "confusion and uncertainty"... What a bunch of fucking tools!!! Do these people ever go outside?

If you have hitched your wagon to these tools you should pull the trigger now!

Even Loyola 2L2 would be embarrased to work here

unreal- can't believe money was spent on producing this shit! Truly hilarious... Every partner in this firm should get an email letting them know what people think of this.

This was part of a promotional "pep rally" type video (yes, there was a video, and it was awesome) that was shown at the firm's semi-annual partner retreat and annual "state of the firm" office meetings. It was done to commemorate the firm making the Fortune 100 "Best Places to Work" list (the first time). I heard that this was the last minute brain-child of someone in the marketing department. Anyway, everyone at the firm saw it over a year ago - mouths collectively dropped open during its four minutes of nonsense - and we all had a good laugh about it afterward (with griping about how that came out of associate bonuses, etc.). It was really just viewed as a misguided, Office Space/dorky-corporate-like attempt to celebrate an award the firm was justifiably proud of - i.e., they meant well, just missed the mark. It fully deserves the good natured mocking it got today (and on a side note, I'd like to take a minute to thank everyone for their efforts today - a really solid job with the comments all around), and I wholeheartedly agree with 99% of the comments here - the email was a perfect way to handle it (sort of a hey, we don't take ourselves too seriously, etc.). ATL's report of the call with these "spokespeople" is absolutely infuriating and disturbing to me, however, and to all of the attorneys I heard from today (needless to say, word is out). Not sure what the fall out will be, but suffice it to say that a number of partners definately want to know who took that approach with ATL. As for the rest of the more generic "NP sucks" comments, I'll take my lower pay, lower hours, and drastically lower "dealing with Big Firm a-holes" factor to any other firm job any day of the week. Seriously. A firm is a firm, but at least the only a-holes I have to deal with are the ones you have to work for. NP FOREVER!!

According to YouTube, the video (up for about 12 hours) has been viewed more than 10,000 times.

For today it is the #27 - Most Viewed - Entertainment.

re comment of NP Winner @ 10:30 -

Someone, PLEASE find the goddamned video to this song.

I would sacrifice my firstborn to see it posted to YouTube.

8:36:

Kill Self

How much do these marketing/PR people get paid? And how much damage did they create by threatening Lat with pretend-fake-legal claims?

Seriously, BigLaw firms have huge marketing departments, and I, for one, still can't figure out why or where exactly all that money is going. They certainly don't proofread the bios on firm webpages, nor do they arrange for particularly good photos of attorneys. Most of the recruiting sites are lame attempts at trying to be cool. And, in this case, at least a couple of these so-called PR marketers caused a major gaffe that has made their firm a legendary joke.

We must have that video.

Dear 10:55:

I am 8:36's room mate. He just hung himself, with the NP Theme Music on repeat mode on his Mp3

seriously, did you take it down because of the pressure from NP? i want to see it SO BAD. Where oh where can NP be?

"yes, there was a video, and it was awesome".

That settles it, we MUST have the video.

Lat, are you sure that you weren't given a VIDEO that you then converted to Mp3 and retaned only the audio?

Alrighty. Having been confused/horrified by this song/video when I first saw it played at a firm gathering some time ago, I (and most other associates, partners, counsel and staff) got the mocking (and the"everyone's a winner" refrain) out of my/our system after a few weeks (months). And now the joy (or is it the horror?) is being shared with the rest of the world. Mock away. 99.9% of us did. As I understand it, this song/video was the brainchild of our marketing department -- and yes, I believe the firm shelled out cash that would have been better spent on bonuses, etc. than on this not-to-be-missed musical experience. And no, I don't think it was intended as a joke. Just another stroke of genius by our crackerjack marketing team.

Alrighty. Having been confused/horrified by this song/video when I first saw it played at a firm gathering some time ago, I (and most other associates, partners, counsel and staff) got the mocking (and the"everyone's a winner" refrain) out of my/our system after a few weeks (months). And now the joy (or is it the horror?) is being shared with the rest of the world. Mock away. 99.9% of us did. As I understand it, this song/video was the brainchild of our marketing department -- and yes, I believe the firm shelled out cash that would have been better spent on bonuses, etc. than on this not-to-be-missed musical experience. And no, I don't think it was intended as a joke. Just another stroke of genius by our crackerjack marketing team.

Honesttogoodness, L2L should get a job in legal marketing. They pull down a nice paycheck to come up with this????

Why would a screw up by the marketing team reflect poorly on the firm? Do people think that the partnership had anything to do with the conversation with Lat? Seems unlikely, but then again, it would be strange for the marketing team to come up with a legal argument re: copyright on their own if that had not been raised by one of the partners at the firm.

Everyones a whiner at Nix-on Pea-bod-y

The theme song is on Wikipedia now. It will live forever!

Hot Dam, that song's good!

The video would be cool, and yes, the audio was track was definitely spliced off. That said, the video is fairly dull. It contains clips of attorneys and staff in various NP offices across the country, most of them at firm happy hours. The cheesiest part of the video is where it cuts to clips of the various singers belting out these awful lyrics while in the studio recording the song. I had to watch it not once, but twice. And yes, it took days to get that "Everyone's a winner at Nix-on Pea-bod-y" line of my head.

If Nixon is actually a great place to work, as Fortune Magazine indicates, that fact should be apparent to "everyone at Nixon Peabody" without the song. Res Ipse Loquitur.

Since "The Song” is not a “theme song”, I have a humble suggestion—having ascertained the Nixon Peabody musical taste from listening to the You tube audio over and over. In fact, this could be a music video, a glorious celebration of all things Nixon, and the WINNERS who work there:

We can't go on pretending day by day
That someone, somehow will soon make a change
We're all a part of Nixon’s great big family
And the truth - you know love is all we need—because were winners!

[CUT TO CLOSE-UP SHOT OF STUDIO SINGERS, PREFERABLY WEARING HEADPHONES, BELTING OUT CHORUS]

( CHORUS )
We are the world, we are at Nixon
We are the ones who make life worth livin’
so let's start billin’, at Forbes they’re chillin’

There's a choice we're making
We're makin’ partner
It's true we'll make partner
That’s why were winners
Just you and me-with good beni’s and daycare

(CHEER AT END)

Were number one, er, we’re number—70 what?

Please, Lat, go the Electronic Frontier Foundation (http://www.eff.org) and let them know your plight. This is exactly the type of fair use fight they love to have and it would get you some fantastic publicity.

Has anyone else heard or seen a performance of the IBM theme song? That's a really fascinating glimpse into a bygone era.

Here's my pro bono contribution for the year, as best as I could do:

Everyone's a winner at NIXON PEABODY!

Ow!

Whoo!

Ow!

Yeah yeah yeah!

Ow!

Hey!

Ooh ooh yeah!

It's all about the team,
It's all about respect,
It all revolves around integrity!
We strive for excellence,
We strive for satisfaction,
There's no confusion, no uncertainty,

The best to work with!
The best to work for!
That's all we ever ever want to be!
We're just not talking,
There's no disputing,
The folks at FORTUNE MAGAZINE agree!

Everyone's a winner at NIXON PEABODY!
Everyone's a winner!
Ohhh yeah, hey hey!
Working together we're an awesome family!
The word is out, we're a happening place to be!
Everyone's a winner at NIXON PEABODY!

We've got the benefits,
We've got the culture too,
We're creative and we have a good time,
Yeah!
We work to keep it fun,
We work to keep it cool,
That's how our whole team [steer it craps?]
The best to work with!
The best to work for!
That's all we ever ever want to be!
We're just not talking,
There's no disputing,
The folks at FORTUNE MAGAZINE agree!

Everyone's a winner at NIXON PEABODY!
Rooting for each other in our community!
Everyone's a winner at NIXON PEABODY!
Everyone's a winner at NIXON PEABODY!
Oh!

Everyone's a winner,
Working together,
[unintelligible]
Hey,
Here we go,
Everyone,
Yeah yeah yeah ohhhhhhh hey hey oohhh
Everyone's a winner at NIXON PEABODY!
Working together we're an awesome family!
Oh yeah!
The word is out, we're a happening place to be!
Ooh wow!
Everyone's a winner at NIXON PEABODY!
Everyone's a winner at NIXON PEABODY!
Rooting for each other in our community!
Hey!
The best to work for!
The best to work for!
We're all winners!
Everyone's a winner at NIXON PEABODY!

I can't believe people make a living writing and performing this crap. I just can't.

9:39, don't be silly. We're all winners!

Lyrics Master, thank you! If and when the clip gets pulled, the lyrics will live on forever.

(But watch out, maybe NP will go after you for copyright violation...)

I think it's important to be able to read the lyrics for citizens to understand this story. Why is the song so funny? Why is it funny that Nixon Peabody is so mad? I gain nothing commercially from posting those lyrics. I put them up there solely to inform the readers, to amuse them, and to generate further discussion about the story. If NP wants to take the position that that's not fair use and make the publicity over this even worse for it than it already is, I guess we'll just have to deal with that when the time comes.

This, and the ridiculous Patton Boggs glamour shots demonstrate why firms should keep the marketing pukes away. We're a profession, damnit. Have a little g-damn class.

Dooosh-baiiiig-zuh.

I hope they don't end the sentences in their briefs with contractions. Low-class morons.

Can someone mash the audio to this with the video of the Filipino inmates performing Thriller? Seems fitting.

We "strive" for exclellence. Yeah, keep striving, morons.

LeBron James needs to perform this at his next public appearance.

Has anyone noticed this from youtube?

Honors for This Video:
#30 - Most Viewed (Today) - Entertainment
#62 - Most Linked (Today)
#11 - Most Linked (Today) - Entertainment

At least NP is finally top 15 in something.

Lyrics Master,

Great job. I hear "team [steer it craps?]" as "team spirit [rides?]"

The "[unintelligible]" I hear as "simply right"

PLEASE go to jail (just for a day or two) over your sources. It would absolutely be the apotheosis of the rich tongue-in-cheek ironic pretension of import that makes this place so addictive. I would die laughing. Plus it could serve as material for a delicious four-part expose on the criminal justice system.

I'm concerned ... need we call out a posse to protect you from the Nixon Peabody bounty hunters?

nobody's concerned with the fact that other firms will look at this and their @$$'s will pucker up even tighter now for fear of looking equally stupid? people are coming down pretty harshly on nixon and that will only further provide motivation for other firms to either (a) never do anything outside of business norms; or (b) strictly monitor such potential leaks with the things they do... be careful everyone you're not killing future fun.