An interesting test case for when to get a corporate lawyer

lawyer by umjanedoan

Gizmodo might want to hire a full-time attorney
[Via Edible Apple]

It appears that Gawker Media’s legal counsel, you know the ones who said it was okay to purchase the prototype iPhone 4G, isn’t really much of a legal department. In fact, Gawker’s legal group consists of just one person – a brit named Gaby Darbyshire.

In addition to handling all of Gawker’s legal needs, Darbyshire serves as Gawker’s COO while also overseeing their Operations and Business Development departments. That sure seems like a lot for one person to take on, so what, you may be wondering, are Darbyshire’s qualifications?

Well, she has a law degree from City University in London where she practiced Environmental Law for a period of time. And oh yes, now she’s in the States counseling Gawker on US Law. Is she even barred here in the US? Unless we’re missing something, it doesn’t seem like it.

Now we’re sure Darbyshire is more than intellectually capable of delving into the finer points of California law, where this whole iPhone/Gizmodo saga is taking place, but you’d think that a company as big and expansive as Gawker would have at least one person on their legal team with a more intimate working knowledge of US law. And at the very least, you would assume that Gizmodo’s legal counsel wouldn’t be comprised of just one person who is seemingly spread too thin between her other duties and responsibilities at Gawker to really devote the requisite time and energy needed to handle serious legal issues.

[More]

I remarked that Gizmodo was acting like a tabloid. But there is one big difference – tabloids hire really good lawyers with a specialty for these sorts of things. Having your COO okay the deal, when their background is in Environmental Law, does not seem to be the smartest move.

Not having a corporate lawyer whose only job is understanding the specific points of law that apply to you, especially tabloid law, may have created the situation where the reporter committed a felony. Now, is there a law here for the people who recommended he commit the felony? Do felony conspiracy charges arise?

Engadget is looking better and better for having a legal counsel who recommended that they ignore the guy who wanted to sell them this iPhone. They may have lost a scoop but they most likely will not have to have reporters hire personal lawyers.

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