2nd Circuit

  • Howdy, Aggie Law!

    2nd Circuit, Bankruptcy, Biglaw, Department of Justice, Dewey & LeBoeuf, Lateral Moves, Law Professors, Morning Docket, Partner Issues, Police, Shira Scheindlin, Texas

    Morning Docket: 09.18.13

    * As previously discussed, Morgan Lewis partner Leslie Caldwell hopes to take over where Lanny Breuer left off at the DOJ Criminal Division. Her nomination was formally announced this afternoon. [Blog of Legal Times]

    * Judge Scheindlin doesn’t want to end stop-and-frisk in New York City, she wants to end racial profiling, so you can’t have a stay pending your appeal to the Second Circuit, Mayor Bloomberg. [New York Law Journal (sub. req.)]

    * Dewey know which companies were the latest to be sued by the failed firm’s liquidation trustee to recover funds paid out in the days before it went under? Yes, and Dial Car is really pissed off. [Am Law Daily (sub. req.)]

    * Let’s face the facts: no one’s goal as an attorney in Biglaw is to make it drizzle. Because “law firms don’t know when to fold when trying to hire lateral partners,” they sometimes wind up with the opposite of what they want amid their ranks. [The Lawyer]

    * Texas Wesleyan Law has been Texas A&M Law for only a few weeks, but new traditions are already being made for Aggie lawyers. Now when students enter a classroom, the professors say “howdy.” [KBTX]

    0 Comments / / Sep 18, 2013 at 9:06 AM
  • mini graduation cap on money

    2nd Circuit, Attorney Misconduct, Crime, Deaths, Law Schools, Legal Ethics, Money, Morning Docket, SCOTUS, Sentencing Law, Student Loans, Supreme Court, William and Mary School of Law

    Morning Docket: 09.05.13

    * “The situation is an absolute mess.” Last summer’s SCOTUS decision on mandatory life-without-parole sentences for juvenile offenders has created a “legal limbo” for inmates. We hope they find suitable dance partners. [Wall Street Journal (sub. req.)]

    * Even after you retire, you apparently still have to deal with the Cebullsh*t from your life on the bench. Former Chief District Judge Richard Cebull’s misconduct review is likely heading to Administrative Office of the U.S. Courts. [Great Falls Tribune]

    * Woe unto them that call unpaid work fair: the Second Circuit quickly granted Fox Searchlight an appeal in the Black Swan unpaid intern case in the hope of offering some “much-needed guidance.” [Deadline]

    * Which private law schools offer students the best value? Some unlikely contenders are named on this list, and some T14 schools even make appearances. We’ll have more on this later today. [National Jurist]

    * GW wasn’t the only school that grew the size of its entering class (although it was the largest increase). William & Mary and Missouri saw big gains, too. Yay, more lawyers! [National Law Journal (sub. req.)]

    * If you’re considering applying to law school, think about schools that have lowered their standards and are offering scholarship money like candy. Otherwise, here are some helpful hints. [Huffington Post]

    * Henry Putzel Jr., former reporter of decisions at the Supreme Court, RIP. [Washington Post]

    6 Comments / / Sep 5, 2013 at 9:02 AM
  • Amanda Knox

    2nd Circuit, Celebrities, Divorce Train Wrecks, Donald Trump, Education / Schools, Gay Marriage, Morning Docket, Murder, Ruth Bader Ginsburg, SCOTUS, Supreme Court, Texas

    Morning Docket: 08.26.13

    * Justice Ruth Bader Ginsburg was chatty this week. In terms of same-sex marriage, the Notorious R.B.G. thinks “[t]he court handled both of those cases just the way they should have.” [Bloomberg]

    * And just like a mean girl, Ruthie’s claws were out. After calling the Roberts Court “one of the most activist courts in history,” she offered comments on Justice Samuel Alito’s eye-rolling. [New York Times]

    * Don’t cry for Argentina, the truth is it never respected you. After losing an appeal at the Second Circuit, the country has vowed to defy any of the court’s rulings with which it doesn’t agree. [Reuters]

    * Texas takes the bull by the horns: the state’s Supreme Court will consider if it has the power and jurisdiction to grant gay divorces despite the fact that it bans gay marriage. [Houston Chronicle]

    * “I have a temperament that doesn’t adapt well to politics. It’s because I speak my mind so much.” Joaquim Barbosa, chief justice of Brazil’s highest court and one of the most influential lawyers in the world (according to Time), isn’t afraid to tell it like it is. [New York Times]

    * Since she was already acquitted of the murder of Meredith Kercher, Amanda Knox (fka Foxy Knoxy) will not be returning to Italy for her retrial. That would be as silly as admitting to participation in orgies. [CNN]

    * Following a settlement on undisclosed terms, the suit filed against Paula Deen has been dismissed. It’s too bad that the Baroness of Butter’s career sunk like a spoiled soufflé in the process. [Businessweek]

    * New York’s AG filed a $40M suit against Donald Trump, a rich man who can’t afford a decent hairstylist and allegedly makes students at Trump University weep with his “bait-and-switch” tactics. [NBC News]

    0 Comments / / Aug 26, 2013 at 9:04 AM
  • HI-YA, JUDGE!

    2nd Circuit, Biglaw, Department of Justice, Education / Schools, Enron, Football, H. Rodgin Cohen, John Roberts, Law Schools, Media and Journalism, Money, Morning Docket, Police, State Judges

    Morning Docket: 08.20.13

    * Chief Justice John Roberts appointed Second Circuit Judge José A. Cabranes to the Foreign Intelligence Surveillance Court of Review. Roberts must be happy; few will criticize a moderate. [Washington Post]

    * The Department of Justice plans to hire Leslie Caldwell, Morgan Lewis partner and ex-Enron prosecutor, to fill Lanny Breuer’s shoes. Way to leak the news while she’s on vacation. [DealBook / New York Times]

    * Tell us again how sequestration isn’t having an impact on the judiciary. Private federal indigent defense attorneys are going to see their already modest rates slashed due to budget cuts. [National Law Journal]

    * Sixteen lawyers will receive the New York Law Journal’s Lifetime Achievement Award, and a list like this obviously wouldn’t be complete without the names of some of Biglaw’s best and brightest. Congrats, Rodge! [New York Law Journal]

    * Thomas D. Raffaele, the judge who was karate chopped in the throat by a police officer last summer, is now suing over his crushed larynx and similarly squashed constitutional rights. [Courthouse News Service]

    * Future gunners, unite! If you’re set on becoming a lawyer, there are things you can do to prepare your law school application, even as a college freshman. [Law Admissions Lowdown / U.S. News & World Report]

    * Here’s something to aspire to for the ongoing law school lawsuits: Career Education Corp., a system of for-profit colleges, will pay $10 million to settle a dispute over its inflated job statistics. [Wall Street Journal]

    * Penn State University is starting to issue settlement offers to young men who claim they were sexually abused at the hands of Jerry Sandusky, the school’s former assistant football coach. [Legal Intelligencer]

    4 Comments / / Aug 20, 2013 at 9:11 AM
  • Holdem

    2nd Circuit, Clerkships, Craigslist, D.C. Circuit, Football, Gambling, Gambling / Gaming, Janice Rogers Brown, Non-Sequiturs, Sports, White House Counsel

    Non-Sequiturs: 08.07.13

    * Texas Hold ‘Em loses to Second Circuit on the River. [The Volokh Conspiracy]

    * Compiling a collection of historical White House counsel advice was a labor of love. The collection includes advice on issues ranging from dealing with Leon Trotsky to blockading Cuba. Advice on treaty with Roswell visitors conspicuously absent. [WSJ Law Blog]

    * An incoming 1L at Ole Miss takes to Craigslist to find a “young cute girl” to be “arm candy I spoil.” Ick. [Craigslist (in case that comes down, here’s a screenshot)]

    * Johnny “Football” Manziel’s alleged autograph-for-pay scheme has prompted Texas A&M to hire Lightfoot, Franklin and White, the law firm that helped out Auburn when Cam Newton totally got paid to play was wrongfully accused of taking payments. [USA Today]

    * D.C. Circuit Judge Janice Rogers Brown has hired former bank robber and jailhouse lawyer Shon Hopwood as her new clerk. An awesome story actually. [Blog of the Legal Times]

    * Oh closed circuit surveillance, is there anything you can’t do? A police officer in Italy’s Supreme Court has earned some Internet fame after being caught dancing to YMCA while waiting for the verdict in Silvio Berlusconi’s trial. Original video after the jump. Check out Legal Cheek for some viewer-created homages. [Legal Cheek]

    6 Comments / / Aug 7, 2013 at 5:05 PM
  • Professor Nina Pillard

    2nd Circuit, Biglaw, D.C. Circuit, Insider Trading, Judicial Nominations, Media and Journalism, Morning Docket, Securities and Exchange Commission, Securities Law, Senate Judiciary Committee

    Morning Docket: 07.25.13

    * It’s just business as usual: Amid accusations of liberal court-packing, D.C. Circuit nominee Nina Pillard faced questions on abortion and religion during her testimony before the Senate Judiciary Committee. [USA Today]

    * Biglaw isn’t as dead as we’ve been told and made to believe. Some of the largest firms are actually doing quite well, says American Lawyer’s editor-in-chief, who’d like her job to retain some meaning for now. [Am Law Daily]

    * Fried Frank knew that it’d take a banker to pull the firm from its monetary funk, so it picked up David Greenwald, deputy general counsel of Goldman Sachs, to act as co-chair through 2015. [New York Law Journal]

    * With the change in SEC policy, from allowing companies to use neither-admit-nor-deny language, to forcing them to admit guilt in “egregious” cases, lawyers may soon be very busy. [Corporate Counsel]

    * Raj Rajaratnam is a firm believer in the “three strikes and you’re out” theory of law. A month after the Second Circuit affirmed his insider trading conviction, he’s asking for a rehearing en banc. [Bloomberg]

    11 Comments / / Jul 25, 2013 at 9:07 AM
  • Raj-Rajaratnam RF

    2nd Circuit, Crime, Hedge Funds / Private Equity, Insider Trading, Money, Quote of the Day, Wall Street

    A Big House For A Big Man: A Raj Rajaratnam Ruling

    Keep those spirits high, Raj, because you’re going to be in the slammer for a while.

    8 Comments / / Jun 24, 2013 at 5:09 PM
  • Oprah Harvard RF

    2nd Circuit, Commencement, Copyright, Harvard

    While Oprah Is At Harvard, She Might Want To Retain Some Lawyers

    You get a diploma, you get a diploma, you get a diploma…

    8 Comments / / May 31, 2013 at 5:31 PM
  • Even the liberals look okay with the Red Mass

    2nd Circuit, Religion, SCOTUS, Supreme Court

    Legislative Prayer: Should We Really Care?

    SCOTUS should have left well enough alone instead of granting cert in Greece v. Galloway

    15 Comments / / May 21, 2013 at 1:17 PM
  • Casey Anthony

    2nd Circuit, American Bar Association / ABA, Bail, Bankruptcy, Biglaw, Copyright, Department of Justice, Enron, Google / Search Engines, Jeffrey Skilling, Law Schools, Money, Morning Docket

    Morning Docket: 05.09.13

    * Right about now, the Second Circuit is wondering why authors are suing Google and crying infringement over the Internet company’s e-book project, especially since digitization could benefit so many of them. [Thomson Reuters News & Insight]

    * This is the end of an era of legal battles: Jeffrey Skilling, Enron’s former chief executive officer, is getting a little shaved off the top of his 24-year prison sentence thanks to a deal with the Department of Justice. He’ll be out in 2017. [CNBC]

    * Biglaw expected to have a slow start in 2013, but no one expected it to be this slow. The latest Citi report wasn’t exactly encouraging; on average, firms saw a 0.2% increase in revenue during the first quarter. [Am Law Daily]

    * In the past decade, the American Bar Association has created six task forces to explore changing the face of legal education as we know it. Funny… nothing’s really changed. [National Law Journal]

    * Bail for Ariel Castro, the accused Cleveland kidnapper, has been set at $8 million. “Just think of how many ribs and salsa albums could be bought with that, bro,” said Charles Ramsey. [Chicago Tribune]

    * Casey Anthony had a bankruptcy hearing yesterday, but that news was overshadowed because everyone cared more about the girl who wasn’t going to get away with murder. [Orlando Sentinel]

    1 Comment / / May 9, 2013 at 9:13 AM
  • gatsby

    2nd Circuit, Bankruptcy, Books, Law Schools, Movies, Non-Sequiturs, Police

    Non-Sequiturs: 05.08.13

    * Professor Alfred Brophy wonders if The Great Gatsby (affiliate link) provides an early preview of product placement. In any event, I’m willing to bet the new movie will provide a stellar latter day view of product placement. [The Faculty Lounge]

    * Brooklyn Law School will begin offering a 2-year JD program. This makes too much sense. [Brooklyn Law School]

    * Former Dora the Explorer star rebuffed in effort to unwind settlement, in part over claims that she overpaid for her lawyer. He charged $755/hour plus a 37.5% “success fee.” This is the sort of thing that happens if a monkey is your most trusted confidant. [Hollywood Reporter]

    * Oreck files for bankruptcy. Not Orrick, Oreck. They make vacuum cleaners that suck. Figuratively. [USA Today]

    * Urinating on police stations? Detroit sounds like such a charming place. [Legal Juice]

    * If you don’t mind spoilers, here are the answers to all your Iron Man 3 legal queries. Not answered: why was the post-credits scene so lame? [Law and the Multiverse]

    * While created for short-sighted criminal defendants, this applies equally to the hubris of civil defendants who are just SURE they’re going to win. [What the Public Defender?]

    * Caroline Kennedy just paid up her lapsed bar admission. Just in time for a Senate confirmation hearing… you know if she were to get nominated for something. [WiseLawNY]

    3 Comments / / May 8, 2013 at 5:40 PM
  • My personal favorite: Peepemptory Challenges.

    2nd Circuit, Billable Hours, Blog Wars, Blogging, Books, Citigroup, Holidays and Seasons, Judge of the Day, Law Schools, Non-Sequiturs, Securities Law, Sex, Sex Scandals, State Judges, State Judges Are Clowns, Wall Street

    Non-Sequiturs: 03.29.13

    * To those of you who celebrate it, Happy Easter! Welcome the holiday by voting in the ABA Journal’s fifth annual “Peeps in Law” contest. [ABA Journal]

    * If law firm brackets aren’t your thing, check out Professor Kyle Graham’s brackets for (1) law school classes and (2) law blogs. I’m thankful for ATL’s #1 seed but terrified by who we’re up against (because they’ve ripped me a new one before). [noncuratlex]

    * Sorry, Judge Steiner, you wuz robbed; you should have been our Judge of the Day. It’s tough to top “allegations of a sexual quid pro quo with a female lawyer and the eye-opening confiscation of carpet from [chambers] for forensic analysis.” [OC Weekly]

    William Shatner

    * “William Shatner’s Seductive Powers Don’t Create a Fiduciary Duty.” Robyn Hagan Cain explains why. [U.S. Second Circuit / FindLaw]

    * Citi settles securities cases for $730 million. Matt Levine is not impressed. [Dealbreaker]

    * And Ted Frank is incensed by Bernstein Litowitz’s nine-figure fee request. [Point of Law]

    * If you’re already depressed by public ignorance about the Supreme Court, don’t look at the responses to question 9 of this opinion poll. [Penn Schoen Berland]

    * Steven Harper — author of a new (and very good) book about the legal profession, The Lawyer Bubble (affiliate link) — offers thoughts on the billable hour in the wake of the DLA Piper overbilling allegations. [New York Times]

    7 Comments / / Mar 29, 2013 at 5:39 PM
  • Northwestern Law

    2nd Circuit, Abortion, Constitutional Law, Federal Circuit, Federal Government, Federal Judges, Insider Trading, Law Schools, Money, Morning Docket, Rankings, U.S. News

    Morning Docket: 03.12.13

    * If you hate the government and you hate lawyers more, then you’ll love this. In the past five years, the feds have awarded $3.3 billion to more than 4,700 vendors for legal work. [National Law Journal]

    * A year and a half after he was nominated for a Federal Circuit judgeship, and more than a year after his hearing, the Senate finally decided to confirm Richard Taranto. How kind. [Blog of Legal Times]

    * Pretty pretty please? Zvi Goffer and Michael Kimmelman would really really like it if the Second Circuit could overturn their insider trading convictions due to unfairness. [Thomson Reuters News & Insight]

    * The U.S. News law school rankings are often criticized, and here’s why: if survey respondents “were asked about Princeton Law School, it would appear in the top 20. But it doesn’t exist.” [Chronicle of Higher Education]

    * Nevermind the fact that law school applications are down, but Northwestern Law is doing the “responsible thing” and reducing the size of its incoming class — and raising tuition by 3% to boot. [Wall Street Journal]

    * Jason Rapert, the Arkansas senator who passed a fetal-heartbeat abortion ban in his state, says he “has no time” for anyone who says it’s unconstitutional. To paraphrase, ain’t nobody got time for that. [New York Times]

    1 Comment / / Mar 12, 2013 at 9:17 AM
  • Ted Olson and David Boies (photo by yours truly)

    2nd Circuit, Barrington Parker, Biglaw, David Boies, Federal Judges, Hedge Funds / Private Equity, Litigators, Money, Partner Issues, Ted Olson, Wall Street

    Clash of the Biglaw Titans: Ted Olson and David Boies Meet in Second Circuit Showdown

    Earlier this week, Ted Olson and David Boies, along with lawyers from Cleary Gottlieb and Reed Smith, argued an appeal with billions of dollars at stake.

    9 Comments / / Mar 1, 2013 at 11:30 PM
  • 'That's just our special sauce!'

    2nd Circuit, 9th Circuit, Akin Gump, American Bar Association / ABA, Bankruptcy, Biglaw, David Boies, Dewey & LeBoeuf, Drinking, DUI / DWI, Education / Schools, Edwards Wildman, Fast Food, Food, Law Professors, Law School Deans, Minority Issues, Morning Docket, Nauseating Things, SCOTUS, Supreme Court, Ted Olson

    Morning Docket: 02.13.13

    * Six Supreme Court justices attended last night’s State of the Union address, and although it was all hugs and kisses and handshakes to start off with, some looked as if they were due for naptime by its end (coughRBGcough). [Blog of Legal Times]

    * It’s a clash of the Biglaw titans! In a face off between legal heavyweights, the Second Circuit has set aside time to hear arguments from Ted Olson and David Boies in the Argentine bondholder case. [Thomson Reuters News & Insight]

    * Dewey know if this document specialist’s Worker Adjustment and Retraining Notification Act lawsuit has got any legs to it? It certainly must, because Judge Martin Glenn very recently denied the failed firm’s motion to dismiss it. [Am Law Daily]

    * Congratulations to Paulette Brown of Edwards Wildman Palmer. This Jersey girl is the uncontested nominee for ABA president in 2015, making her the first minority woman to hold the title. [New Jersey Law Journal]

    * Send in the clowns (or loads of O’Melveny and Akin lawyers): Apple’s CEO, Tim Cook, has a low opinion of David Einhorn’s Greenlight Capital lawsuit, referring to it as nothing more than a “silly sideshow.” [Reuters]

    * “It is up to us in the academy to prepare our students for the future no matter what it holds.” Dean Frank Wu of UC Hastings seems to be on the right track when it comes to necessary law firm reforms. [Huffington Post]

    * Poor, poor Teresa Wagner. She was allegedly denied a job because of her conservative views, and her case ended in a mistrial. That kind of a thing could drive a woman to drink… and drive. [Iowa City Press Citizen]

    * Not only does Lehigh University ruin every college basketball bracket in the nation, but it also provides great “I’m suing you because of my crappy grades” fodder. Oh my God, I really miss you, Lehigh! [Morning Call]

    * Thanks to the wisdom of the Ninth Circuit, we now know that, at least in Washington, a spit-laden hamburger from Burger King is grounds for emotional distress damages. Ugh, that’s nasty! [WSJ Law Blog (sub. req.)]

    9 Comments / / Feb 13, 2013 at 9:07 AM
  • LF Lazy

    2nd Circuit, Citigroup, Jed Rakoff, Securities and Exchange Commission, Securities Law

    SEC To Second Circuit: ‘Please Don’t Make Us Do Our Jobs!’

    The SEC and Citigroup want the Second Circuit to tell district courts to stay out of their backroom settlements. That sounds wrong.

    20 Comments / / Feb 8, 2013 at 1:51 PM
  • Judge Lynn Hughes

    2nd Circuit, Cyberlaw, DealBreaker, Free Speech, Kellogg Huber, Racism, SCOTUS, Sentencing Law, Supreme Court

    Non-Sequiturs: 02.07.13

    * Above the Law promotes real-world change! Complaint filed against a Texas judge after Elie calls him out for being RACEIST! [ABA Journal]

    * If you were thinking of calling your friend from the Philippines a “skank” on Facebook, you may want to reconsider. [Philippine Inquirer]

    * If you’re a powerful financial executive, lay off the bath salts. [DealBreaker]

    * Judicial throwdown at the Second Circuit! Short version: Judge Raagi thinks Judge Jacobs should care way more about punishing guys sexting underage girls. Judge Jacobs thinks Judge Raagi watches too much Dexter. [Second Circuit / FindLaw]

    * Federal District Judge John Lungstrum calls out a couple trial teams for terrible trial work. Biglaw litigators may not be the best trial attorneys? You don’t say. [New York Personal Injury Attorney Blog]

    * Kenneth Anderson describes the U.S. government’s longstanding love affair with “imminence” in the context of the Obama drone strike white paper. To borrow from Rev. Lovejoy’s sermon: “Imminence…sweet imminence.” [Lawfare]

    * Judges: If you’re going to base a decision on a particular fact… don’t include pictures in the opinion that directly contradict that finding. Check out page six, line two and Appendix 2 [Court of Appeals, State of Oregon]

    * SCOTUSBlog and Bloomberg Law have a competition for law students. Beat your peers AND the SCOTUSBlog team and win $5000. [SCOTUSBlog]

    2 Comments / / Feb 7, 2013 at 5:47 PM
  • Second Amendment

    2nd Circuit, BARBRI, Constitutional Law, Guns / Firearms, Law Professors, Non-Sequiturs, SCOTUS, Supreme Court, United Kingdom / Great Britain

    Non-Sequiturs: 01.30.13

    * Congress isn’t standing up to the Supreme Court as much as it used to. [SCOTUSblog]

    * The Second Circuit really wants you to use a current email address. [Find Law]

    * A bar exam for teachers? Why would we create a system that would make BAR/BRI more money? [Constitutional Daily]

    * I kind of wish that everybody who offers an opinion on gun safety laws was required to have a law degree just so they could understand what’s actually being proposed. [Media Matters]

    * Not that getting a bunch of constitutional lawyers together is a recipe for compromise on the Second Amendment. I just want people to know what’s being talked about. [Huffington Post]

    * Stupid law firm slogan time! [Legal Cheek]

    * Henry Blodget defends internet trolls everywhere. [The Awl]

    6 Comments / / Jan 30, 2013 at 5:02 PM