November 2014
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Antonin Scalia, Bar Exams, Biglaw, Clarence Thomas, Gay Marriage, Insider Trading, Law Firm Mergers, Morning Docket, SCOTUS, Small Law Firms, Supreme Court, Video games
Morning Docket: 11.13.14
* Look, ma, no Justice Kennedy! Over the dissent of Justices Scalia and Thomas, the Supreme Court quickly lifted its earlier stay on allowing same-sex marriages to go forward in Kansas. [USA Today]
* Sources say were it not for Bingham McCutchen’s malpractice settlement with the former owner of the Dodgers, Morgan Lewis would’ve walked away from the potential merger deal. #blessed [Am Law Daily]
* Mathew Martoma, the would-be lawyer who was expelled from Harvard Law for faking his transcripts, was denied his bid for bail pending appeal on an insider trading conviction. [DealBook / New York Times]
* Up, Up, Down, Down, Left, Right, Left, Right, B, A, Start: The ex-general counsel to Occulus VR started his own firm and angel investment company to address the needs of video game companies. [Gamasutra]
* New York is holding off on adopting the Uniform Bar Exam, at least for a little while longer, mostly because “the[re] is just not enough turnaround time to do it for July ’15.” Hooray? [New York Law Journal]
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Boalt Hall, Elena Kagan, Harvard Law Review, Merrick Garland, SCOTUS, Stephen Breyer, Stephen Reinhardt, Weddings
Legal Eagle Wedding Watch: Left Out
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Law Firms Now Have A Choice In Their Document Comparison Software
Six months on since its launch, over 200 firms worldwide are now using Draftable Legal for accurate and reliable document comparison, including UK Top 50… -
Entertainment Law, Non-Sequiturs, Rape, SCOTUS, Sports, Supreme Court
Non-Sequiturs: 11.12.14
* The makeup of the Supreme Court is the most important issue in the 2016 election. Well, the most “important” issue will be if Hillary is a crone who murdered everyone in Benghazi with Obamacare, but the Supreme Court should be the most important issue. [Slate]
* We’ve wondered why the Supreme Court isn’t more accountable before. Fix the Court wants to do something about it. [USA Today]
* In-house counsel are optimistic. Too bad they aren’t optimistic about sending work to firms. [Business of Law Blog / LexisNexis]
* The Italians just overturned the manslaughter convictions of a bunch of scientists for failing to accurately predict an earthquake. But, sure, let’s send Amanda Knox back over there. [Reuters]
* Latham snags a gaggle of high-profile O’Melveny entertainment lawyers and O’Melveny names three new co-heads of its Entertainment, Sports and Media Practice. [Deadline Hollywood]
* An infographic of firm trends. Technological upgrades are the name of the game. [Think Tank / Aderant]
* While we treat high school athletes as adults in so many aspects of their lives, America just won’t let go of labeling them juveniles unable to grasp sexual assault. [The Legal Blitz]
* Horrific tale of systematic sexual abuse in the ranks of USA Swimming, which turns to Bryan Cave for what a lawyer profiled in the article calls “plaintiff-draining legal tactics.” [Outside Online]
* R.I.P. John Michael Doar, former chief of the DOJ civil rights division in the 60s, who died at age 92 yesterday. [What About Clients?]
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Advertising, Shameless Plugs, This Is an Ad
Thank You To Our Delightful Advertisers
Thanks to the excellent brands that work with us here at ATL. -
Crime, Guns / Firearms
Attorney Arrested For Breaking Into And Shooting Up Ex-Wife's Home
This is truly "When Lawyers Attack! Day" at Above the Law. -
Biglaw, Midsize Firms / Regional Firms, Small Law Firms
Focus On Keeping And Growing Your Existing Clients
Smart businesses don't chase new clients at the expense of keeping and growing existing clients -- and law firms shouldn't either. -
Racism, Twittering
Racist Tweet Takes Down Prominent Westchester Lawyer
What kind of racist can't tell the difference between Uncle Ben and Cream of Wheat? -
Bankruptcy, Finance
When Things Do Not Go As Planned In A Bankruptcy Sale
Buying distressed assets is big business. Many distressed assets are acquired through the seller’s Chapter 11 bankruptcy case. In those instances, a buyer will enter into a purchase and sale agreement with the seller/debtor and the agreement is generally subject to notice and opportunity for overbids by third parties and ultimate bankruptcy court approval. The somewhat problematic issue is determining what rights or obligations, if any, do the parties have under the agreement between the date of execution and the date the Court enters an order approving the sale? This is precisely the issue the parties encountered in the chapter 11 bankruptcy case of Hot Dog on a Stick, which is pending before the U.S. Bankruptcy Court for the Central District of California. - Sponsored
Why Do AI And Legal Professionals Make The Perfect Partnership?
For many legal departments, generative AI is the technology they’ve been waiting for. -
Crime, Law Schools, Prisons, Quote of the Day
Criminal Justice Is Not An Omelette
A law school invites prosecutors for a frank discussion of wrongful convictions. -
Canada, Celebrities, Crime, Media and Journalism, Sex, Sex Scandals, Trials
The View From Up North: Jian Ghomeshi's Pre-Trial Foreplay
A salacious case offers a window into crisis management and the challenges faced by lawyers handling high-profile matters. -
American Bar Association / ABA, Legal Ethics, Small Law Firms, Solo Practitioners, Technology
Back In The Race: Protecting Autonomy
Outsiders are putting out proposals that will alter the autonomy and livelihoods of solos and small firms -- who are they, and what are they proposing? -
Attorney Misconduct, Bad Ideas, Crime
Husband And Wife Attorney Duo Accused Of Stabbing Law Firm's Managing Partner
Sources allege that the criminal activity occurred after one of the invaders was let go from the firm. -
Contract Attorneys, Document Review
5 Things Law School Didn't Teach You About Doc Review
You may have the 411 on how to start out in document review, but what's the inside line on getting through the day?
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Diving Into Generative AI: A Practical Guide For Law Firms Starting From Scratch
AI’s Impact On Law Firms Of Every Size
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Why Do AI And Legal Professionals Make The Perfect Partnership?
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Antonin Scalia, Biglaw, FCC, Gender, Law Firm Mergers, Law Schools, LSAT, Money, Morning Docket, SCOTUS, Supreme Court, Technology, Texas, Women's Issues
Morning Docket: 11.12.14
* With all this net neutrality talk, one of the biggest fans of the cause is Justice Antonin Scalia. He may not be tech-savvy, but he may yet save the internet. [National Law Journal]
* And the partners rejoiced? Bingham McCutchen approved a Morgan Lewis merger, and now the firm waits for its valiant rescuer to ride in upon its trusty steed. [WSJ Law Blog]
* A new study says the way to close the law school gender gap is to adopt gradeless grading policies similar to those of top law schools. Honors for everyone, yay! [Stanford News]
* LSAT prep company Test Masters Educational Services Inc. — not to be confused with TestMasters — must pay about $927K in legal fees, because as it turns out, some people were confused. [Legal Times]
* A Texas state representative submitted a bill calling for a new law school in the Rio Grande Valley because there aren’t enough lawyers there. Unemployed lawyers, you know what to do. [Action 4 News]
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Biglaw, Conferences / Symposia, Faegre & Benson, Law Firm Mergers, Locke Liddell & Sapp, Locke Lord, Locke Lord Bissell & Liddell, Lord, Bissell & Brook, Partner Issues, Patton Boggs, Technology
6 Things Managing Partners Need To Know About Law Firm Mergers
Law firm mergers are often bad ideas; if you're going to do one, do it right. -
Billable Hours, Food, Gambling / Gaming, Health Care / Medicine, Law Reviews, Law Schools, Legal Ethics, Non-Sequiturs, Supreme Court
Non-Sequiturs: 11.11.14
* Law students (and prospective law students)! Figure out your expected class rank with this handy calculator. [Witnesseth]
* Elie wonders if law students are getting dumber. [Redline]
* Great law review article, or greatest law review article? Judge M. Margaret McKeown’s “Culinary Ambiguity: A Canonical Approach To Deciphering Menus.” [Harvard Law Review]
* Remember the lawyer caught billing 29-hour days? The guy pleaded his case to the Ohio Supreme Court and they won’t give him the time of day. [Ohio Supreme Court]
* Veterans Day seems like the right time to remember the Feres Doctrine, which bars armed forces personnel from suing the government for negligence. How ridiculous is the Feres Doctrine? Justice Scalia thinks we need to allow more negligence suits! [Legal Funding Central]
* A sad story of a married partner romancing a married young associate that ends in her death. [Missouri Lawyers Weekly]
* If you support Obamacare, is there any reason for optimism in King v. Burwell? [Lawyers, Guns & Money]
* In case you were ever interested in eminent domain in a galaxy far, far away. [The Legal Geeks]
* Casino sends promotions to “compulsive gamblers” on a voluntary opt-out list. The casino calls it a “software issue.” What are the odds on that? [Ars Technica]
* A former Texas judge earned a reprimand for violating the state constitution and seven ethical canons in three years. Gauntlet thrown, judges aspiring to enter our pages. [Houston Chronicle]
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Biglaw, Facebook, Social Media, Social Networking Websites, Twittering
Is Your Firm Using Social Technologies Effectively?
Take our survey about law firm use of social technologies. -
Anthony Kennedy, Holidays and Seasons, John Paul Stevens, Military / Military Law, Quote of the Day, Ruth Bader Ginsburg, Samuel Alito, SCOTUS, Stephen Breyer, Supreme Court
Honoring The Veterans Of The Supreme Court
A Veterans Day thanks to our justices in uniform. -
Litigators, Money, Sponsored Content
Lake Whillans Litigation Finance: How To Secure Financing For A Commercial Claim
What does the process of securing litigation finance look like? -
eDiscovery
E-Discovery Cases — Herding Cats Would Be Easier
Two disturbing cases for different, but similar reasons. When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to protect the producing party? Putting aside that works entirely in favor of the receiving party, this may be a viable solution in a very small percentage of cases, but for a defendant to argue to a Court that the Plaintiff should blindly produce backup tapes with only a claw back agreement as protection is ludicrous. That is one side of the argument made in Dynamo Holdings Limited Partnership, et al, Petitioner vs the Commissioner of Internal Revenue; Beekman Vista, Inc vs the Commissioner of Internal Revenue (Docket Nos. 2685-11, 8393-12).