* U. Penn. Law doesn’t need to toot its own horn about kicking off its visiting jurist program with a Supreme Court justice — we’ll do it on the school’s behalf: toot f-ing toot for Justice Kennedy. [National Law Journal]
* President Obama nominated former OLC attorney and current HLS professor David Barron for a First Circuit vacancy, and a Western New England alum for a district court judgeship. Congrats! [Boston Globe]
* The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history. [BuzzFeed]
* Preet Bharara, U.S. Attorney for the Southern District of New York, is pretty pissed that federal budget issues are allowing his office to get outgunned by wealthy financial firms. [DealBook / New York Times]
* “It seems a very coordinated effort of smugness.” As we reported previously, lawyers from the small firm representing Michael Jackson’s family think O’Melveny & Myers is full of d-bags. [Los Angeles Times]
* Sorry, but you can’t bang your clients. Well, that’s not completely true. You can bang your clients, but you have to bang them before there’s a legal relationship to keep banging them ethically. [Daily Report]
* Edith Windsor’s lawyer said she thought her client’s case was “simple,” but it proved to take a little longer than she thought to strike down the Defense of Marriage Act. [New York Law Journal]
* Conservative pols are up in arms about the SCOTUS decisions, promising to file constitutional amendments, but like Rand Paul said, “As a country, we can agree to disagree.” [Washington Post]
* Nate Silver breaks down gay marriage by the numbers. By August, 30% of Americans will live in states where same-sex marriage has been legalized. [FiveThirtyEight / New York Times]
* Wherein the ancient artifacts of a once storied and prestigious Biglaw firm are touted by a furniture liquidation company as “like new, for less!” Dewey know how embarrassing this is? [Am Law Daily]
* Sorry, Joel Tenenbaum, but the First Circuit affirmed your $675K debt to the RIAA. That’s what happens when you blame illegal downloads on burglars and foster kids. [Law & Disorder / Ars Technica]
* It looks like David Boies claimed two victories yesterday. The Court of Federal Claims gave Maurice Greenberg the green light to sue the U.S. over the terms of AIG’s bailout. [DealBook / New York Times]
* Deep in the heart of Texas, plans are in the works for the state’s secession from the nation via online petition. The most likely White House response? Probably something like this: “HAHAHAHAHAHA!” [Hillicon Valley / The Hill]
* Paula Broadwell, better known as ex-CIA director David Petraeus’s side piece, has officially lawyered up. This guy had better watch out, because he kind of looks a little bit like her former flame. [Washington Post]
* And then they came for the Steves, but there was no one left to speak for them. The day of reckoning has finally come for the men who are being blamed for cooking Dewey’s LeBoeuf. [Thomson Reuters News & Insight]
* Law firms in Manhattan are still recovering from Hurricane Sandy. Not for nothing, but all of the staff members at WilmerHale who were tasked with getting rid of all of the rotten food in the firm’s cafeteria should get a double bonus. Just saying. [WSJ Law Blog]
* Good news, underemployed law school graduates baristas! The First Circuit just affirmed your $14.1M tip-sharing judgment. Maybe now they’ll be able to afford the Starbucks diet. [National Law Journal]
* “This lawsuit is a massive fraud on the federal courts and defendants. It has now descended into farce.” Facebook is yet again seeking dismissal of Paul Ceglia’s ownership claims. [Threat Level / Wired]
* “Whether or not the law is dictating it right now, the people are dictating it.” In light of First and Second Circuit DOMA decisions, in-house counsel are considering benefits for same-sex spouses and domestic partners. [Corporate Counsel]
* “I’m a woman of integrity. My emotions got the best of me.” A Dish Network executive had to publicly apologize for accosting a Gibson Dunn litigation partner’s elderly father outside of a courtroom after the Cablevision trial. [Am Law Daily]
* A potential farewell to the typical liberal bias in education: at the end of the day, Teresa Wagner’s political bias case against Iowa Law could alter hiring nationwide in higher education. [Iowa City Press-Citizen]
* Not prepared for the bar exam, and currently without a law job? Let’s give that school a “B” rating. The results of this survey pretty much conclude that recent law school graduates are out of their minds. [WSJ Law Blog]
* A soon-to-be high school graduate wants to know if he can “go into a creative career” with a law degree. You silly little boy, the law is where creativity goes to die. Hope that helps! [Law Admissions Lowdown / U.S. News]
DSK wants to know: since when is having a libido a crime?
* What effect will the Supreme Court’s ruling in Miller v. Alabama, striking down life sentences without the possibility of parole for juvenile offenders, have in the real world? [New York Times]
* Coming out of the First Circuit, some good news on attorneys fees for civil rights lawyers. [WSJ Law Blog]
* Speaking of fees, which firms are raking them in as emerging market companies starting emerging onto the M&A scene? [American Lawyer]
* You’ve got to fight… for your right… to teach legal writing at the University of Iowa. At least if you’re a conservative. That’s the allegation by an aspiring academic, Teresa Wagner, which hits a courtroom this week. [Houston Chronicle]
* Former IMF head Dominique Strauss-Kahn wants to know: is enjoying the occasional orgy such a crime? [Gothamist]
* Career alternatives: Mary Wittenberg — chief executive of New York Road Runners, which puts on the New York Marathon — is a Notre Dame law grad and former Hunton & Williams lawyer. [New York Times]
* Former Senator Arlen Specter, an active participant in historic Supreme Court nomination battles, RIP. [Philadelphia Daily News]
* Dewey retired partners with unfunded pensions get a seat at the table for this bankruptcy circus? Yeah, but only because the U.S. Trustee did something unheard of and appointed a committee of former partners as creditors. [WSJ Law Blog]
* Yesterday was definitely a great day to be gay on the east coast. In addition to the First Circuit’s DOMA decision, a New York appellate court ruled that being called gay is no longer defamatory per se. [New York Law Journal]
* Milberg is the latest firm to dump Paul Ceglia of Facebook lawsuit fame, but Dean Boland, his other lawyer, says the Biglaw firm just “serve[d] as a distraction.” Somebody please give this man a dislike button. [Buffalo News]
* Elizabeth Warren has confirmed that she told Harvard Law and Penn Law that she was a Native American, but only after she had been hired. She didn’t get any action of the affirmative variety, no sir. [Associated Press]
* Activision settled a lawsuit with two Call of Duty developers, but isn’t worried about an effect on its financials due to a strong third quarter performance. And you can thank your damn Elite packages for that. [PCMag]
During the United States Supreme Court arguments over Obamacare, the nation got a rare treat: the chance to see (or at least hear) Paul Clement in action. Clement, a former U.S. Solicitor General and current partner at Bancroft PLLC, delivered a brilliant performance before the justices, a veritable master class in appellate advocacy. As Carter Phillips, a veteran SCOTUS litigator himself, told us here at Above the Law, Clement “did a spectacularly good job” and “was just on his game… over a much longer period of time than most of us are required to do it.”
But even Clement couldn’t save Section 3 of the highly problematic Defense of Marriage Act (DOMA) from going down to defeat in the First Circuit. Before a panel with a majority of Republican-appointed judges, in fact.
Let’s find out who was on the panel, whether there were any dissents, and what the court concluded….
* “Citizens United has been good for gay rights.” Well, at least it’s been good for something. Are we allowed to like the ruling in this case now? Bueller? Bueller? No? Okay, just checking. [New York Times]
Long before I became a law blogger, I spent a good chunk of time working as a photojournalist. Periodically, I wound up photographing the police. Whether it was at an arrest at a football game, or an officer who suffered an unusual injury, officers rarely hassled me because I usually had a press pass and a big, professional-looking camera.
But anyone can film in public spaces. One of the most important — and overlooked — technological developments of the last five-odd years is the ease with which anyone can record police doing their jobs and throw the video on YouTube. The technology can be a great deterrent against police misconduct.
So it’s really, seriously disturbing when police try to intimidate witnesses into turning off their cellphone cameras. It’s even more nauseating when someone gets arrested for simply filming police activity. Luckily, a recent decision from First Circuit unambiguously told police to cut it out.
Keep reading for details about the man who was arrested for taping police in America’s oldest public park, as well as Judge Kermit Lipez’s benchslap of the officers who made the arrest….
Let me tell you about a couple of cases I lost. Now, wait: before the Commentariat sharpens its knives (“This guy couldn’t get a big-firm job, then loses all his cases. No wonder he’s writing for ATL. Heh.” — Guest), let me point out a few things. In 17 years as an employment litigator, I’ve won plenty more cases than I’ve lost. But I didn’t learn as much from the cases I won; I learned much more from the ones I lost.
So this post covers the single most important lesson I’ve learned in litigation, and now I’m sharing it with you. You didn’t learn it in law school, and you’re not likely to find a CLE on it. But the lesson these two cases illustrate can prevent you from making the most common mistake lawyers make.
And learning that lesson will help you win more cases.…
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When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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