Election Day, yay! It’s one of the best days of the year. A triumph of Democracy and a people’s government over the tyranny of birth and military might. Let’s get pumped.
[Ed. Note: If I sound flat it's because the peaceful transfer of power is a lot less exciting when power is being stripped from you by people voting against their own economic interests.]
Please send us texts (646-820-TIPS) and emails (tips@abovethelaw.com) about election shenanigans in your area. Note to the fringe right and fringe left: pics of menacing Black Panthers and or gun toting Tea Party members near polling places or it didn’t happen.
There will undoubtedly be election day legal issues today, but real lawyers will make their money starting tomorrow. Because that’s when the recounts will begin…
Continue reading “Are You Ready to Vote? ‘Cause Lawyers are Ready to Recount Your Votes!”

Brooke and Charlie, in happier times.
* The Iranian lawyer defending the American hikers accused of espionage practices. Call it Bignutslaw. [Los Angeles Times]
* Charlie Sheen has filed for divorce from his wife, Brooke Mueller, and seeks joint custody of their twin sons. Any divorce lawyers want to chime in on this one? [People Magazine]
* Google is suing the Interior Department because they wouldn’t even look Google Apps’ way. [New York Times]
* After today’s votes are counted, Election Law promises to be much more lucrative than Juggalo Law. [Washington Post]
* Yesterday, Jeffrey Skilling’s attorneys argued that he should get a new trial. Asked why he deserved a new trial, Skilling replied “I’m f*cking smart. Wait, what’s the question?” [WSJ Law Blog]
As promised, I’m posting pictures of my Halloween costume. I went as soon-lose-his-gubernatorial-bid Jimmy McMillan, of The Rent is Too Damn High fame.
Unfortunately, I only came away with two usable pictures from the night. About halfway through the evening my pants ripped down the side (I’m not sure why, it might have had something to do with Four Loko).
I’d post those pics, but really, nobody needs to see that.
So here are my safe for work pics. And thanks to the Above the Law reader who dressed up as Lady Justice and posed with me. Good times.

Yay for all the Saints.
* Alternate juror potentially screws up murder trial because she was trying to get a date with the bailiff. If the genders were reversed, I’m sure we’d be talking about how the bailiff was dressed. [WSJ Law Blog]
* Our own therapist, Will Meyehofer, is absolutely righteous about student debt, work/life balance, and the general issues facing lawyers (he comes on at about the nine minute mark of this podcast). [ABA Journal]
* Bodyguard accuses New York lawyer of being all kinds of creepy. [Gothamist]
* J.P. Morgan is sticking with Obama. [Dealbreaker]
* Going solo and leaving Biglaw behind. [TechnoLawyer]
* A cartoon about stereotypical lawyer Halloween costumes. [Legally Drawn]
* This Blawg Review drops some knowledge about the origins of Halloween, origins some churches are eager to forget. Be not afraid. [The Defense Rests via Blawg Review]

Some votes are more equal than others.
There’s an excellent story written by Amanda Becker in the Washington Post today which looks at the law firms who were serious about making campaign contributions this electoral season. Regardless of whether the Republicans take control of the House or the Democrats hang onto the Senate, a few law firms will be well protected either way.
The Post reports that the PACS linked to the ten most generous law firms contributed $5.5 million in political donations during this election cycle. That’s small potatoes compared to the $29 million generated by professional organizations, but it’ll buy a foot in the door.
Apparently, the money was split pretty evenly between Democratic and Republican candidates. So there’s no need for us to snipe at each other along partisan lines. The story is all about the money, and the law firms willing to pay to have their “voices” heard tomorrow…
Continue reading “Which Law Firms Made the Most Campaign Contributions?”

Professor Charlie Nesson
Tomorrow, Jammie Thomas-Rasset goes to trial for a third time over her illegal downloads of 24 songs. As we’ve reported before, the music industry is determined to make an example of her, and tomorrow they’ll be fighting over damages the Thomas-Rasset should pay for stealing things valued at $1 on iTunes.
But what should and will happen to Jammie Thomas-Rasset is a substantive discussion for another day. Right now, I want somebody to tell me who holds the Guinness Book of World Records mark for quickest benchslap. Because District Judge Michael Davis just knocked around Harvard Law professor Charlie Nesson so quickly you wonder if the clerk pulled a hamstring trying to get everything filed in the correct chronological order…
Continue reading “Before Thomas-Rassert Gets Tried a Third Time, Charles Nesson Receives ‘Instantaneous’ Benchslap.”

Stay safe, Atlanta.
There was a bomb threat this morning at the Fulton County Court complex. The threat was deemed credible enough to place the courthouse on lockdown for an hour this morning. But the court has reopened and everybody appears to be safe. The Atlanta Journal Constitution reports:
The sheriff’s office issued a “shelter in place” order at 11:41 a.m., directing everyone to interior rooms that are away from windows, [Fulton County Superior Court spokesman Don Plummer] said.
Fulton sheriff’s deputies, along with other law enforcement officers used bomb sniffing dogs to inspect the three-building complex, Plummer said.
Authorities believe the threat was made to disrupt a gang trial taking place at the courthouse today…
Continue reading “Bomb Threat Closes Atlanta Courthouse for an Hour: But Everybody is Okay.”

Some people thought Contra was too violent.
The Supreme Court is on record as being a grand protector of the people’s right to free speech — so long as by “speech” we mean money and by “people” we mean corporations. But when it comes to the right of artists (in this case, video game producers) to do their thing, the Court wants to take a closer look.
And so tomorrow (Tuesday) the Court will hear oral argument in the case of Schwarzenegger v. Entertainment Merchants Association. If you’ve been too busy riding roughshod over zombie ranchers to follow along, the key issue is the constitutionality of a California law restricting the sale of violent video games to minors. The Ninth Circuit already threw the law out, and other Circuits have dispensed with similar state laws on free speech grounds. But SCOTUS apparently wants to take a look at the restrictions…
Continue reading “The Hacking and Slashing of Free Speech: To Protect Children of Course”
It’s November 1. That’s supposed to mean it’s time for Biglaw bonus season. Here at Above the Law, we’re ready for it. Not only are we expecting emails to flow in about bonuses which should be better than last year (tips@abovethelaw.com), we’re also using our Google Voice account (646-820-TIPS) to accept text messages about bonuses.
We expect bonus season to get rolling in earnest soon. Last year, Cravath announced on November 2nd.
But while we wait for bonuses, it seems we still have some firms that are trying to catch up in regards to base associate compensation. After spending most of the year as salary stragglers, Foley & Lardner seems ready to come back to the pack…
Continue reading “Foley & Lardner: Back to $160K In Major Markets”
I’ve been appropriately chastised for writing this column from behind the protective wall of a pseudonym. Readers want to know who’s talking to them. As a reader, I get that.
To the extent I did not get it, the point that was made very clear in the comments to my inaugural post:
It’s hard to take seriously anyone who hides behind a pseudonym. Your description of your bona fides leaves a lot to be desired. Why are you afraid to reveal your name, your law school, and your current and past employers? How are we to know whether you have any special insights into the practice of law at a small firm such that we would be interested in reading a twice weekly column?
By way of response: I agree. I agree. Not afraid – just wanted to be cautious (I’m still a lawyer by training after all) given that I’d never done anything like this before (commence the “yeah, we can tell” comments) and I had no idea how long the column would last. Good point.
People use pseudonyms for a variety of reasons and I had mine. Sufficed to say, those reasons no longer merit my anonymity. So let’s get to it. Answers and vitals after the break…
Continue reading “Little Richard Comes Out of His Pseudonymous Closet”

It is surprisingly difficult to find a picture of this woman that is safe for work.
* The Washington Post has a hot scoop on how law school might not be the brightest choice for people interested in money. [Washington Post]
* Of course, if you’re the fat kid from Stand by Me, does it really matter what the brightest choice is? [New York Post]
* The Supreme Court will hear arguments tomorrow on whether children have a constitutionally protected right to violent video games. Ground Zero in the War on Nerds. [Kansas City Star]
* Nebraska Law graduate and former Paul, Weiss partner Theodore C. Sorensen died yesterday. [New York Times]
* Okies aren’t going to take this here sharia law sitting down. [WSJ Law Blog]
* Porn star Capri Anderson plans to file a lawsuit against Charlie Sheen. Rick James, what say you? [New York Daily News]