I have blogged about this matter several times, all the while applauding the lower court decision and employer’s legal position in the case, as I believed what these temporary lawyers were doing did constitute the practice of law.
Litigation finance is a funding tool many companies are considering to help cover the fees and expenses related to major legal claims. We at Lake Whillans Litigation Finance have compiled a list of questions to help you determine if your client is a candidate for litigation finance.
In a huge decision, the Second Circuit reinstated a challenge to the NSA’s warrantless phone records program.
A federal judge offers a spirited defense of using legislative history in statutory interpretation.
* Thanks to Wonkette for pointing out that we were on this whole Ruth Baby Ginsburg thing last year. [Wonkette]
* Speaking of our legally themed Halloween costume contest, please send us your nominations. [Above the Law]
* Salacious allegations about a high-flying investment banker invite comparisons to The Wolf of Wall Street. [Dealbreaker]
* The Second Circuit puts a stop to a legal challenge to the stop-and-frisk settlement. [How Appealing]
* You’d expect a former lawmaker to have a better understanding of… the law. [Lexington Herald-Leader]
* The Wall Street Journal reviews Paul Barrett’s new book (affiliate link) about the never-ending Chevron/Ecuador litigation. [Wall Street Journal]
* Speaking of the Chevron/Ecuador matter, here’s more about the Canadian Bar Association’s controversial involvement, which Canada columnist Steve Dykstra covered earlier. [rabble.ca]
* Some thoughts from Jonathan Mermin on something lawyers see every day: bad arguments. [Green Bag]
* Here’s a great new resource for our fellow aficionados of appellate arguments. [Free Law Project]
* Uh oh! The Second Circuit is having a copy/paste problem in that it copied and pasted the wrong legal standard into twelve of its immigration opinions from 2008 to 2012. Embarrassing. [WSJ Law Blog]
* Am Law named the grand prize winners of the magazine’s Global Legal Awards for the best cross-border work in corporate, finance, disputes, and citizenship. Was your firm honored? [Am Law Daily]
* An attorney at this Louisiana law firm was apparently attacked by a co-worker’s husband who claimed that the lawyer was behind his cuckolding. We may have more on this later. [Louisiana Record]
* A computer systems engineer at Wilson Sonsini has been charged with insider trading. This is the second time in three years that an employee from the firm has been charged with this crime. [Bloomberg]
* The best way to navigate common mistakes in the LSAT logical reasoning section is to display your logical reasoning capabilities by not taking the LSAT right now. [Law Admissions Lowdown / U.S. News]
What does Judge Wesley of the Second Circuit view as the weakness of the iPad as a work tool?
Why does Judge Wesley of the Second Circuit love using his iPad at oral argument? Let him count the ways.
Casetext is offering select students the opportunity to gain real entrepreneurial experience while in school as part of its law student ambassador program.
* The Second Circuit ruled that the World Trade Center Cross may remain on display in the September 11 Memorial and Museum. Apologies, atheists, but it’s a “genuine historical artifact.” [New York Daily News]
* Howrey going to get money back when judges keep tossing unfinished business claims like they’re yesterday’s trash? We’ll see if such claims will be laid to rest after a hearing later today. [Am Law Daily]
* Paul Weiss had a good get this week, with Citigroup’s deputy general counsel leaving the bank to join the firm — which coincidentally has served as the bank’s outside counsel for two decades. [WSJ Law Blog]
* North Carolina, a state that adopted a ban on same-sex marriage in 2012, said it will no longer defend its law in the wake of the Fourth Circuit’s ruling as to a similar ban in Virginia. Hooray! [Los Angeles Times]
* If you missed it, a judge issued a preliminary ruling against Donald Sterling, meaning that the sale of the L.A. Clippers may proceed. Don’t worry, his attorney says this is just “one stage of a long war.” [CNN]
* It seems that “weed-infused weddings” are a hot commodity in states where the drug has been legalized. Sorry, it may be better than an open bar, but it doesn’t seem like a very classy thing to do. [Boston.com]
* Cheryl Hanna, Vermont Law School professor and praised legal analyst, RIP. [Burlington Free Press]
* Have you heard that Staci invited Justice Ginsburg to her wedding? [TIME]
* The Fourth Circuit welcomes Virginia to the fold of marriage equality. [National Law Journal]
* What might be the biggest insider trading case ever hinges on Greenberg Traurig. [New York Post]
* Most exciting of all is that we may never need to hear the depressing “copyright-free” Happy Birthday song ever again. [boingboing]
* With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer]
* I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center]
* Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal]
* The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel]
* Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker]
* Gaming the rankings — not just for law schools any more. [The Kansas City Star]
* Karen Mantler can’t afford her lawyer. And she’s singing about it. After the jump…. [WNYC Spinning On Air]
Which federal judge just got trolled?
* Judge Judy hears a case about Grindr. “Don’t pee on my leg… unless you’re into that.” [Gawker]
* Supreme Court retirements announced! [Legal Times]
* Most criminals don’t walk around in a giant yellow bird costume. This guy is not most criminals. [Lowering the Bar]
* The Washington Post credits blogger Josh Blackman with coining the term “benchslap.” Professor Blackman corrected the author. Let’s get a Kickstarter going to buy her a Black’s Law Dictionary (affiliate link) so she doesn’t make this mistake again. [Washington Post]
* The Chamber of Commerce didn’t win every case this term. But it came awfully close to perfect when it counted. [Constitutional Accountability Center]
* If you’ve been looking to complete your collection of Second Circuit bobbleheads, behold Judge Denny Chin! If this wasn’t sponsored by the National Asian Pacific American Bar Association, I’d worry this pic was a little racist…. [Squareup]
* Jury duty is the only major civic duty that no one ever talks about. Professor Andrew Ferguson would like to change that by encouraging jurors to speak up about their experience. Enjoy learning how the sausage of justice is made! [Huffington Post] * Verizon threatens to sue Netflix for honestly reporting how bad Verizon’s […]
* 5 reasons why Northwestern football won’t really unionize. [The Legal Blitz]
* Law grad who failed the bar arrested for claiming to be a lawyer. So much for Jimmy Malone’s advice… [Albany Times Union]
* This morning we wrote about a lawyer turned babysitter. Jane Genova has some thoughts on how this story can have a happy ending. [Law and More]
* This is why you don’t get tattoos. [The Independent]
* Sitting judge should be on “high” court — listed as president of three different pot-related businesses. [Las Vegas Law Blog]
* The Second Circuit is not pleased with the secrecy of the Obama administration. [The New Republic]
* Corporette launches a new motherhood newsletter. She’s looking for guest bloggers too if you’re passionate about these issues. [Corporette]
* Another argument for killing law school. [The Week]
* Kash Hill looks at a Loyola Law grad who hunts down revenge porn sites. [Forbes]
* Lorne Michaels has a new courtroom comedy webseries starring Bob Balaban. The first episode is embedded below…
Years before Philadelphia’s National Constitution Center built the forty-foot high “Tower of Law” (or, as Stephen Colbert called it, “the building blocks of boring”) out of unused legal reporters, Lexis started the books’ march to obsolescence when it debuted on April 2, 1973. “Lexis,” a term the company’s president coined by combining the Latin word […]
* The DOJ lifted its three-year hiring freeze yesterday. There are thousands of jobs out there waiting for the perfect applicant. You know what that means: apply to EVERY SINGLE JOB and see what sticks. [WSJ Law Blog]
* Sorry, Apple, but it looks like you’re going to have to keep that pricey e-books antitrust monitor after all. The Second Circuit just nixed the company’s bid to ditch Michael Bromwich of Goodwin Procter. [Reuters]
* It looks like the ABA is going to move toward allowing paid externships for law students — because being paid to work is smarter than paying to work. Oh good, we’re glad someone finally realized that. [National Law Journal]
* Cleveland-Marshall’s solo practice incubator will be up and running in March. Ten lucky grads will pay rent to their law school to learn what they should’ve when they were still paying tuition. [Cleveland Plain Dealer]
* If you think you’ve got it bad as a 3L here in America, think again. Canadian 3Ls in Ontario are looking at a 79 percent increase in articling and licensing fees, bringing the grand total to almost $5,000. [CBC News]