Archive for July 2009

Morning Docket 07.14.09

genie.jpg* A family in Saudi Arabia has sued a genie for threat and harassment. The article doesn’t mention damages sought, but we hope it’s three wishes. [CNN]
* Female readers of ATL, maybe your mom doesn’t want you to meet a “Nice Guy” after all. [Minnesota Star-Tribune]
* The FTC is deciding whether bloggers need to to disclose paid sponsorship for products reviewed or mentioned on their high-trafficked sites. We wish the PDA companies would get with the program and furnish the ATL editors with sweet new phones. [New York Times]
* The Associated Press won its suit against news aggregation site All Headline News, but this case was more about “hot news” than copyright. [Threat Level/Wired]
* Our Quote of the Day from the first day of the SS confirmation hearing was from Senator Lindsey Graham: “Unless you have a complete meltdown, you’re going to be confirmed.” But every other news organization has incorporated this quote from Sotomayor in their headlines: “In the past month, many senators have asked me about my judicial philosophy. It is simple: fidelity to the law.” [Pretty Much Every News Source]
* The abortion activist who was shouting at the 2:33 p.m. mark during the SS confirmation hearing yesterday was none other than Jane Roe (a.k.a. Norma McCorvey of Roe v. Wade). [Washington Post]

Marc Dreier small Mark Dreier Marc Drier Marc S Dreier LLP.jpgThe long (inter)national Marc Dreier nightmare is almost at an end. He’s been sentenced to 20 years for defrauding his clients and investors. The Wall Street Journal Law Blog reports:

Prosecutors had asked for a 145-year sentence, which harked back to the 150-year sentence U.S. District Judge Denny Chin readily handed down to Bernie Madoff, whose massive Ponzi scheme drained the bank accounts of countless investors. In both cases defense attorneys sought a fraction of that. Dreier’s attorney sought no more than 12-and-a-half years.

But Dreier drew U.S. District Judge Jed Rakoff, who has been highly critical of the length of sentences under the federal sentencing guidelines, particularly in white collar crime cases.

Bernie Madoff gets 150 years, but Dreier only gets 20? Justice may be blind, but she’s certainly not deaf.
Breaking: Marc Dreier Sentenced to 20 Years in Prison [WSJ Law Blog]
Earlier: Is Marc Dreier Almost As Bad as Bernie Madoff?

Non-Sequiturs: 07.13.09

SCOTUS seal.jpg* Did Justice Ginsburg’s experience as a 13-year-old girl produce a better conclusion that the other eight justices would have missed? [The Faculty Lounge]
* If Obama was looking for the left’s answer to Scalia, I think he should have gone with Diane Wood. Can Sotomayor pull it off? [The Stimulist]
* Here’s what the Sotomayor confirmation hearings would read like if you replaced the Senate Judiciary Committee with the 1977 Kansas City Royals. When you click on the link, you’ll see that words cannot describe the weirdness that is going on over there. [McSweeney's Internet Tendency]
* Employment lawyers don’t want management to write recommendations on Linked In. Well, at least not recommendations for people management is about to fire. [Young Lawyers Blog]
* Lawyerly lairs: Melvin Belli’s $40 million mansion. [WSJ Law Blog]
* Can you threaten to kill zoo animals in order to get more funding for the zoo? Somebody get me a BarBri student to talk to me about duress. [Boston Globe]
* An ABA committee is toying with the idea of adding a year of law school. I just learned that before your head explodes there is a blinding white light and you can faintly hear Ave Maria playing in your head. It’s quite pleasant actually. Oh, here comes the blood. [PropertyProf Blog]
* The oldest law blog hosts this week’s Blawg Review. Running a law blog that lasts ten years is even more impressive than graduating in 2009 and getting a Biglaw job.
[Overlawyered via Blawg Review]

KL Gates logo.JPGMultiple independent sources report that K&L Gates had a minor spate of staff layoffs late last week. One particular tipster sums up the move nicely:

In the Dallas office last week, five staff members are given the boot, very stealth-like.
Reason given: Not enough work to go around.
As the staff numbers sharply decrease, many attorneys are doing a larger portion of clerical (a/k/a non-billable tasks.
Naturally one would wonder is the time spent filling in for an ever-decreasing staff being billed to clients?

Five legal staffers isn’t necessarily front-page news, but you have to check out how K&L Gates went about this round of cuts.
“Screaming” details, after the jump.

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Sonia Sotomayor hearing 4.jpgJudge Sonia Sotomayor and Fox News anchor Megyn Kelly, who was covering Sotomayor’s confirmation hearings, both sported electric blue blazers over black blouses today. Kelly — who is, by the way, also a lawyer (Albany Law / Jones Day) — joked on air that she called up President Obama and got advance word of Sotomayor’s outfit, so they could coordinate.
A reader poll, inspired by the regular US Weekly feature, “Who wore it better?” — after the jump.

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Ross Mitchell.jpgLast month, Ross Mitchell made headlines when he became the first online law school graduate to be admitted to the Massachusetts bar.
Mitchell, 57, is a computer systems and management consultant. We’re not sure exactly what that is, but it requires him to travel frequently between California and his home in Massachusetts. He decided he wanted to get a law degree to enhance what he could offer to his clients. The online-only Concord Law School which is owned by Kaplan (which is owned in turn by the Washington Post) offered a flexible educational option. He got his law degree from Concord University in 2004.
He passed the bar in California – it’s the one bar exam that Concord grads can take directly out of the program – in 2004. Other states allow Concord grads who have passed the California bar to sit for their bar exams, but Massachusetts is not one of them. The Mass. Board of Bar Examiners requires that bar takers have a degree from an accredited law school.
Mitchell sued the Mass. Board of Bar Examiners, challenging the constitutionality of that rule. He didn’t succeed in getting the state to change the rule, but he did get a waiver so that he could take the bar. He still hopes the Board of Bar Examiners will change its rules.
Or maybe they won’t have to. As we have mentioned before, the American Bar Association is in the midst of reviewing law school accreditation. Not only are they putting a focus on measuring student outcomes, they’re reviewing Standard 306, which governs “distance education” a.k.a. online programs. From the ABA website:

Currently, there are not any law schools approved by the ABA that provide a J.D. degree completely via correspondence study.

The ABA Standards Review Committee plans to issue a new review of Standard 306 in Fall 2010. If there’s to be a focus on “student outcomes,” the Committee might want to take this year’s ACS moot court competition under consideration. Apparently, Concord law students gave Stanford law students a run for their money.
More on Concord v. Stanford, Ross Mitchell, and the merits of an online law degree, after the jump.

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After a lunch break, the Senators are back to preening for the cameras, and we’re back to our live blog.
There are four Senators left to speak, including Al Franken. And there will be introductions from Chuckie (Schumer) and a rare Kristen Gillibrand sighting. Then we’ll finally get an opening statement from Sotomayor herself.
Sotomayor sworn in.jpg
Slight change in plans, lets open up a new comment thread for people just coming here for the afternoon. Here’s where we are so far.
2:04: Elie here. I’ll be taking us through the afternoon session. Amy Klobuchar is up next. I wonder if the senior senator from Minnesota is jealous that the junior senator from Minnesota is much more famous? Probably not. Minnesotans are too nice.
2:11: Senator Klobuchar had a pretty good grasp on the personal and jurisprudential history of every other female justice confirmed for the Supreme Court. It’s a short list.
2:14: Senator Ted Kaufman (D-DE) is up now. I already miss Joe Biden.
Check after the jump for comments and more updates.

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Mule Crossing.jpgThe Philadelphia Inquirer reports that a former Ballard Spahr attorney has been charged for allegedly smuggling drugs into a jail:

A Philadelphia lawyer was arrested Friday night and charged with trying to take heroin into the Delaware County jail.
Randall J. Sommovilla, 61, of the 900 block of South 11th Street, was charged with possession of contraband and drugs. He was released after posting bail.

Really, it’s surprising that there aren’t more stories like this as laid off lawyers are unable to find new jobs at the salary they are accustomed to.
But maybe Sommovilla’s situation isn’t about his job, it’s about a girl? More details after the jump.

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Thio Li Ann Visiting Professor NYU Law School.jpgWhen last we checked in on the saga of Dr. Li-ann Thio, the incoming NYU Law visiting professor who equated anal sex to drinking by shoving a straw up your nose, Dean Richard Revesz was defending the invitation extended to her.
But over the weekend, an information technology professional who works for NYU law (and who is also an NYU student) asked the dean to reconsider. Here’s part of the letter from Malik Graves-Pryor:

While I can understand your position and reasoning in displaying solidarity to the larger NYU School of Law community regarding Hauser Global’s decision to bring in Professor Li-Ann Thio … I must state my strong objection to her appointment and the official NYU Law defense of said appointment.
As an African-American man working in the LawITS department, and simultaneously a student at NYU, I could never imagine the day would come when NYU would allow the appointment of a legal scholar who held the opinion that African-Americans practice acts of “gross indecency”, that African-Americans who strive for diversity should be rebuffed because “diversity is not a license for perversity”, describing the private intimate acts between African-Americans as trying to “shove a straw up your nose to drink”, among other intellectually and morally shallow absurdities.

In response, Dr. Thio unleashed an 18-point defense that she sent to the entire NYU Law faculty. Apparently, she feels unfairly maligned:

1. I am a little tired of the torrent of abuse and defamation that I have been receiving, and blatant emotive misrepresentations of my position. I was going to stay above the fray but given this insidious attack on my academic reputation (aside from many ad hominem insults), I feel I must cast some clarity on certain issues.

More fighting after the jump.

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University of Illinois College of Law logo.JPGLast week, professors from the University of Illinois College of Law launched a spirited defense of their law school against the against allegations of improper admissions policies reported in the Chicago Tribune. Part of the professors’ argument was that the kind of influence connected people put on public law schools happens all of the time.
But today the Illinois College of Law Dean, Bruce Smith, announced a new policy aimed at taking political influence out of the admissions process. The National Law Journal reports:

In a letter to staff, faculty, students and alumni, Smith said the new policy will also require the college to respond only to inquiries on the status of an application if the inquiry is made by the applicant. In addition, the school will now accept only formal letters of recommendation that are made to the admissions office and placed in the applicant’s file.
“Under my deanship, the college will give no ‘special’ consideration, treatment, or procedure to any application,” Smith said in the letter. “All applicants will be treated equally.”

So, is that a tacit admission of guilt? More details after the jump.

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Quote of the Day (Thus Far)

Sonia Sotomayor Above the Law small.jpgSenator Lindsey Graham, Republican of South Carolina, to Judge Sonia Sotomayor:

Unless you have a complete meltdown, you’re going to be confirmed.

His candid quip was followed by laughter. Follow the liveblog, and add your two cents in the comments, over here.

Korean attorney fights like Eddy.jpgOver the weekend, YouTube went ablaze with the video of a drunk guy picking a fight with the wrong lawyer. The blog Angry Asian Man has a first hand account of how attorneys roll in the financial district:

[I] am a Korean-American attorney who lives on Wall Street in the Financial District of NY. I was out getting some icecream late at night at the corner store when I was approached by a big drunk guy who asked me if I was Korean. He went on to tell me that his wife is Korean so he “knows all about Koreans”. I tried to humor him and nod but he started getting offensive saying that Koreans get pushed around all the time but never fight back. Then he started telling me all Korean parents are insane.
At that point, I told him I didn’t want to continue talking to him and left the store. He followed me out onto a dark street off of Wall Street and started getting in my face. I told him to take a step back and he socked me in the face. I used to box in college so I responded with a pretty brutal set of punches that put him on the ground and told him the fight was over.

Screw WGWAGs. We are now living in the time of KAKAAs.

As I walked away, he got up and followed me into my apartment building at 63 Wall Street. I tried to get the doorman to call the police but he refused because apparently the guy lives in the building. The drunk guy then came at me again and hit me in the mouth, breaking one of my front teeth off, and called me a chink. We ended up fighting on the ground where I subdued him using Brazilian Jiujutsu and MMA. I held him in a chokehold and told him I’d kill him before the police arrive if he didn’t stop struggling and clawing at my eyes.

I thought the Brazilian martial art was Capoeira. But maybe I’ve just played too much Tekken in my life.
Check out the just released security camera footage after the jump.

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Sonia Sotomayor hearing 2.jpg
9:58: Lat here. Testing, testing — is this thing on? This is where we’ll be liveblogging the Senate Judiciary Committee confirmation hearings of Judge Sonia Sotomayor (2d Cir.), nominated to serve as the 111th justice of the U.S. Supreme Court.
Access this post, then refresh your browser and scroll down, to get the latest updates. We will keep on updating, before eventually moving to a fresh post.
10:00: Judge Sotomayor is looking sharp, in a crisp, electric blue suit. She introduces her photogenic and ethnically diverse relatives. Looks like a Benetton ad.
10:05: Senator Patrick Leahy (D-VT), chairman of the SJC, walks us through the now familiar details of SS’s biography. He is not particularly articulate today and is stumbling quite a bit. He seems to have a saliva surplus (not a new problem in the U.S. Senate).
Judge Sotomayor is looking impassive — perhaps there is a hint of a Mona Lisa smile, but just a hint — as Sen. Leahy brags about her fabulosity. This is good; a Cheshire cat grin would be inappropriate.
10:12: Senator Jeff Sessions (R-AL) takes over from Leahy (who used his time to preemptively respond to anticipated Republican attacks on SS).
Can Victor Garber do a southern accent? If so, he should play Sessions in the Lifetime movie of Sonia Sotomayor’s life.
More discussion, including the latest UPDATES, after the jump.

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Morning Docket 07.13.09

Eric Holder Attorney General Eric H Holder Eric Himpton Holder Jr.jpg* U.S. Attorney General Eric Holder is considering a torture probe. [Reuters]
* The billable hour is still safely in place. [Philadelphia Inquirer]
* Nationwide Judge Shortage: Immigration courts are seriously overburdened. [Dallas News]
* Former Mayer Brown partner Joseph Collins found guilty in $2.4 billion Refco fraud case. [Reuters]
* Divorce lawyers say recession is forcing couples to postpone separation. [Wall Street Journal]
* Alleged Nazi camp guard John Demjanjuk charged with 27,900 murders. [CNN]

Sonia Sotomayor Above the Law small.jpgIn a few hours, at 10 a.m., the confirmation hearings for Judge Sonia Sotomayor (2d Cir.) to be an Associate Justice of the U.S. Supreme Court will get underway. We will be liveblogging today’s proceedings (as will others — e.g., Clerquette of Underneath Their Robes).
Although polling suggests the nation is closely divided (or perhaps largely undecided) on whether Judge Sotomayor should be confirmed to SCOTUS, most analysts expect easy confirmation. E.g., Dahlia Lithwick; Adam Liptak.
But you never know; there could be some surprises. One small glimmer of hope for lovers of political theater: Judge Sotomayor is taking pain medication for her broken ankle. Might the meds make her a little loopy?
Some of the most compelling confirmation hearings ever, those of Robert Bork, owe their dramatic nature to the fact that the chain-smoking Judge Bork wasn’t allowed cigarette breaks — which made him irascible under questioning from the senators. Bork performed poorly, and his nomination was defeated by a 58 to 42. (Of course, it didn’t help that Bork refused to participate in so-called “murder boards,” i.e., practice hearings — a mistake that Judge Sotomayor, who has been preparing diligently for over a week, has not made.)
Check back here around 10 a.m., when the hearings and our coverage get underway!
Update: Our liveblogging is underway. See here.
Confirmation in 60 Seconds [Slate]
Path to Supreme Court: Speak Capably, Say Little [New York Times]
Nominee Wraps Up Rehearsals [New York Times]
CNN Poll: Do Americans want Sotomayor confirmed? [CNN]
Poll: Most Undecided About Sotomayor [CBS News]

This Week In Layoffs: 07.11.09

Law Shucks layoffs layoff tracker.jpg[Ed. note: Above the Law has teamed up with Law Shucks. Law Shucks has done excellent work translating all of the layoff news into user-friendly charts and graphs: the Layoff Tracker.]

Where did that come from? The big news for the week is obviously DLA Piper blasting us back to mid-March form, with the biggest layoff since, actually, completion of its own UK redundancy consultation in May.

More on that later. But first, we’ll take our traditional quick look at the broader economic activity.

The numbers were actually surprisingly good this week, with initial jobless claims down to the lowest levels since January. In fact, the numbers are probably significantly worse than that indicates; early plant closing masks some serious seasonal adjustments that are skewing the numbers. And, of course, overall unemployment was up again, to 1983 levels, as new jobs just aren’t being created yet.

In fact, overall unemployment is getting to record levels. According to Calculated Risk, “the current recession is now the 2nd worst recession since WWII in percentage terms – and also in terms of the unemployment rate (only early ’80s recession was worse).”

calcriskchart

As we learned from DLA Piper, layoffs at law firms are still on the table. Details after the jump.

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Paris Hilton legal trial lawyer law school nude hottie.jpgDown in Miami, celebrity heiress Paris Hilton is charming the robes off of Chief Judge Federico Moreno (S.D. Fla.), who is hearing a film contract dispute in which she’s the defendant. Reports Davis Markus:

Paris Hilton is on the stand. And Judge Moreno is getting in the act. In one exchange, Moreno was puzzled by the title of Hilton’s current reality show, “My New BFF.” “What does that mean?” he said. After Hilton gave the full title “Paris Hilton’s My New Best Friend Forever,” the judge remarked “This will be my best case forever.” Without missing a beat, Hilton replied “You’re my best judge forever.”

Flirting with the judge? Well, this is a bench trial — and Paris is a trial lawyer in the making. Plaintiff’s counsel should be on the lookout for any ex parte contact between His Honor and Her Hotness.
Read more about the trial over at the Southern District of Florida Blog, which has been covering the proceedings quite closely.
Best blog post forever [Southern District of Florida Blog]
Paris Hilton insists she plugged sorority movie [AP]
Earlier: The American Legal System: We’ll Always Have Paris

Non-Sequiturs: 07.10.09

Karen Williams Chief Judge Karen J Williams.jpg* Chief Judge Karen Williams (pictured) takes her leave of the Fourth Circuit. [Underneath Their Robes]
* BWI: no, not the airport, but breastfeeding while intoxicated. It can be a crime, y’know. [True/Slant]
* When it comes to distributing societal benefits or burdens based on familial status, the state should proceed with caution, according to a trio of law professors in a new book. [Freakonomics]
* Law professor Ann Althouse parses the ogling Obama picture. [Althouse]
* Appellate superstar Miguel Estrada — who, some say, should have been the first Latino nominee to the high court — opines on political developments in his native Honduras. [Volokh Conspiracy]
* Two product liability defense lawyers ask: “Are our clients better off now than when we started?” It’s an interesting overview of the past two decades in product liability law. [Drug and Device Law]
* Don’t forget to vote in ATL’s contest for the best summer associate event of 2009! Polls close on Sunday night. [Above the Law]

old shoes.jpgWhoops. Sorry we missed this article, noted by a commenter, which we should have read before publishing this post yesterday.
So here’s what happened to the Motion to Compel Defense Counsel to Wear Appropriate Shoes at Trial, filed in Lenkersdorf v. Sorrentino. Defense counsel Michael Robb got to wear his hole-ridden Cole Haan loafers in court; plaintiff’s motion to compel proper footwear was denied.
Despite this setback, plaintiff’s counsel won a $2.2 million verdict for his client. But then he lost it, after a Palm Beach Post article about the silly motion came to the attention of the jurors, causing a mistrial.
Bill Bone, who represented the plaintiff, is presumably kicking himself — with non-hole-ridden shoes, we’re guessing — for filing that motion. One-third of $2.2 million would have bought a lot of Manolos for the missus (or John Lobbs for him).
Cerabino: Story behind controversial court column [Palm Beach Post]
Earlier: ‘Holier’ Than Thou: Motion to Compel Defense Counsel to Wear Appropriate Shoes at Trial

Thio Li Ann Visiting Professor NYU Law School.jpgNYU Law gays, consider yourselves warned: Dr. Li-ann Thio is not afraid of you. The outspoken professor, who vehemently opposed decriminalizing gay sex as a member of the Singapore parliament, is ready to rumble:

We can be united in commitment to this principle [of academic freedom], without slavishly bowing to a demanded uniformity or dogma of political correctness set by elite diktat. I cannot say I am impressed by this ugly brand of politicking which I hope is not endemic….

I am disappointed at the intolerant animosity directed at me by strangers who do not know me and have decided to act on their own prejudices, forged from whatever sources, I am nonetheless glad that there are still some at NYU, who uphold a commitment to academic freedom and who entertain dissent with respect. As a recent NYU graduate, a Muslim friend of mine said, one must have courage in the face of bullying.

Dr. Thio can’t be prejudiced. Some of her best friends are Muslim!
Although her defense of the Singaporean statute against gay sex has been dismissed by one prominent American law professor as “dumb” and “embarrassing[],” Dr. Thio is not unaware of U.S. Supreme Court decisions in this area:

[C]ertain Americans have to realize the fact that there are a diversity of views on the subject and it is not a settled matter; there is no universal norm and it is nothing short of moral imperialism to suggest there is. Correct me if I am wrong, but there is no consensus on this even within the U.S. Supreme Court and American society at large, even post Lawrence v. Texas.

Dr. Thio is fighting political correctness with political correctness, accusing LGBT activists of cultural imperialism. Yikes! Find something to bite down on, kids, ’cause she’s not planning to use lube pull her punches.
Meanwhile, the NYU Law School administration has (finally) issued a public statement on L’Affaire Thio.
Read the statement, after the jump.

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