Things are getting a little heavy around here, with heated discussion of this morning’s decision in Gonzales v. Carhart (PDF). So it’s time to mix up the programming a little.
Let’s turn our attention from stuff that matters a lot to stuff that matters, well, not terribly much. ATL’s March Madness competition — our quest to crown America’s coolest law school — will conclude tomorrow, Thursday, April 19, at 3 PM (Eastern time). So if you haven’t done so already, please cast your vote :
This just in from One First Street. The Associated Press reports:
The Supreme Court upheld the nationwide ban on a controversial abortion procedure Wednesday, handing abortion opponents the long- awaited victory they expected from a more conservative bench.
The 5-4 ruling said the Partial Birth Abortion Ban Act that Congress passed and President Bush signed into law in 2003 does not violate a woman’s constitutional right to an abortion.
The opponents of the act “have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases,” Justice Anthony Kennedy wrote in the majority opinion.
The decision pitted the court’s conservatives against its liberals, with President Bush’s two appointees, Chief Justice John Roberts and Justice Samuel Alito, siding with the majority.
This ruling lends support to those who predict — like Jan Crawford Greenburg, in Supreme Conflict — that Chief Justice John Roberts and Justice Samuel Alito will move the Court significantly to the right in the years ahead. Before Justice Alito replaced Justice Sandra Day O’Connor, a decision like this one would have required the conservatives to secure TWO swing votes, AMK and SOC, instead of just one. That frequently doomed the conservatives to defeat in the big-ticket cases.
So Justice Alito, appointed to the Court by President Bush, probably made all the difference here. As Senatrix Barbara Boxer recently observed: “Elections have consequences.” Update: For more detailed commentary, check out Lyle Denniston’s SCOTUSblog post, which quotes extensively from Justice Kennedy’s majority opinion and Justice Ruth Bader Ginsburg’s dissent. To read the opinion itself, click here (PDF). Court Backs Ban on Abortion Procedure [Associated Press] Court upholds federal abortion ban [SCOTUSblog] Gonzales v. Carhart (PDF) [SCOTUSblog] Senator Boxer: Elections Have Consequences [YouTube]
* The National Bank Act preempts state regulation of mortgage lenders, even those that are operating subsidiaries of banks and not banks themselves. [U.S. Supreme Court (PDF)]
* Payphone operators can sue for compensation from long-distance carriers. [U.S. Supreme Court (PDF)]
* Department of Education can use number of pupils rather than number of school districts in determining which districts to ignore as statistical outliers for the purposes of the Federal Impact Aid Program. [U.S. Supreme Court (PDF)]
* Let’s see whether this any impact on pork whatsoever. [Jurist]
* The loner gunman. [New York Times]
* This is what will happen if we don’t reform the Social Security system. [Decatur Daily News]
* There’s a reason this, like the mainstream dairy industry, is regulated. Plus, it’s not exactly suitable for dunking oreos. [Inside Bay Area]
* If you need a break from US politics, then check out the other presidential free-for-all, going down in France. [RTE News]
* Fleshbot is not just a website. [Pink Tentacle via The Trademark Blog]
* Is internet radio on its way out? I don’t much care about Sirius, but what about Pandora, or the other stations you stream at work? [Tech News World]
We had previously suggested that Deputy Attorney General Paul J. McNulty — who by someaccounts is the one who REALLY screwed up in the U.S. Attorneys firing fiasco — might be leaving the Justice Department. It looks like our prediction may come to pass.
Rule No. 1 inside the Beltway: “If they don’t deny it, then it’s true.” (Rule No. 2: “Even if they do deny it, it’s probably still true.”)
Applying Rule No. 1, Paul McNulty is leaving the DOJ. From the BLT:
Is Deputy Attorney General Paul McNulty looking for a new job? Yes, said the Wall Street Journal yesterday, citing “people familiar” with his plans. McNulty himself was a bit more sanguine, telling the Journal he was “fully focused on doing my job and haven’t given much thought to what comes next.”
McNulty chose not to knock the story down today. During a brief interview with Legal Times following a speech to a legal panel about the Thompson Memo and corporate fraud, McNulty was asked if he was looking for a new job. McNulty responded, after a pause: “I can’t answer that.”
Some notable moves within the legal profession: Government to Private Sector:
* Former Maryland Lieutenant Governor Michael Steele, to LeBoeuf Lamb in DC. Last November, Steele lost his bid to represent Maryland in the U.S. Senate.
* Michele Hirshman, who served as Eliot Spitzer’s top deputy at the Attorney General’s office before he became Governor, is joining Paul Weiss, as a litigation partner. Described by the New York Times as “very smart, very tough and rather short,” she sounds perfectly diva-licious. Lateral Moves:
* Antitrust superstar Charles “Rick” Rule, to Cadwalader, from Fried Frank. This truly IS like musical chairs: Cadwalader, Rule’s new home, recently lost its antitrust group to Skadden.
* Celebrated criminal defense lawyer Abbe Lowell — who did an excellent job defending Hamlet against murder charges — is moving from Chadbourne & Parke to McDermott Will & Emery.
* Mark Holscher and Jeffrey Sinek are joining the Los Angeles office of Kirkland & Ellis. They’re coming from O’Melveny & Myers and Thelen Reid, respectively. From the Law Blog:
Holscher and Sinek are best friends. They were roommates when they served as federal prosecutors in Los Angeles. Holscher, 44, served as an assistant U.S. Attorney from 1989-1995; Sinek, 46, served from 1989 to 1994. Sinek was the best man at Holscher’s wedding; Holscher was a groomsman in Sinek’s. Both graduated from Boalt Hall law school. Holscher told the Law Blog they’ve always wanted to work together.
We are very, very excited. The magnificent Monica Goodling, the former Justice Department lawyer involved in the controverisal U.S. Attorney firings, may be coming to our living room!
Alas, Goodling won’t be visiting us in person (although we hereby issue her a standing invitation). But we’re hopeful that she’ll be appearing on our television, via C-SPAN, in the near future. From Fox News:
The House Judiciary Committee is set to vote on whether to grant Attorney General Alberto Gonzales’ former counsel immunity from prosecution and force her to testify about the firings of eight federal prosecutors.
“I am hopeful we can approve immunity so that we can schedule her to testify as soon as possible and begin to clear up the many inconsistencies and gaps surrounding this matter,” Chairman John Conyers, D-Mich., said in a statement Tuesday.
A two-thirds vote of the panel is required to approve the resolution, which would direct the House counsel to apply to U.S. District Court for a grant of immunity for Monica Goodling, Conyers’ statement said.
We urge the House Judiciary Committee to approve immunity, so Monica Goodling can be beamed into the homes of millions of Americans.
Meanwhile, in other Goodling-related news, one of you drew our attention to an interesting article about her alma mater, Regent University School of Law. It’s a bit dated, but there’s a hook: it’s by Charlie Savage, who just won a Pulitzer for his coverage of President Bush’s use of signing statements. Congratulations, Charlie!
It’s an excellent read. Here are the last two paragraphs:
One third-year [Regent law] student, Chamie Riley, said she rejected the idea that any government official who invokes her Fifth Amendment right against self-incrimination could be a good representative of Regent.
As Christians, she said, Regent students know “you should be morally upright. You should not be in a situation where you have to plead the Fifth.”
This is the rather belated update to our earlier report on the clerkship bonus policies of large law firms. We apologize for the delay, and we thank you for your patience and your tips.
A summary of our findings:
1. No large law firm has matched the new Sullivan & Cromwell clerkship bonus of $50,000 for one clerkship, at least as far as we’ve been able to confirm.
(a) But if you have two years of clerkship experience, think about Weil Gotshal. They would pay you a bonus of $70,000 ($35,000 x 2).
(b) In saying that no big firm has matched S&C, we aren’t counting Kellogg Huber, which pays a $100,000 clerkship bonus, and Susman Godfrey, which pays a $50,000 clerkship bonus, since they’re really boutiques.
(c) We aren’t counting intellectual property firms, some of whom pay $70,000 bonuses for Federal Circuit clerkships, because they are a world unto themselves.
2. Any firm worth its salt should offer a clerkship bonus of at least $35,000. This is what numerous big firms already do, and it should be considered the “market” rate. A bonus of anything less than $35K is chintzy and lame.
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…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
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