* Justice Antonin Scalia isn’t quite ready to publicly weigh in on whether computer data is considered a protected “effect” under the Fourth Amendment. “[T]hat may well come up [before the Supreme Court],” he says. Thanks NSA. [Business Insider]
* “[I]t doesn’t take many bad apples in a barrel to cause a stink.” No matter how hard Biglaw firms try to keep their confidential information locked down, someone’s going trade on it. It looks like STB is learning that the hard way. [Wall Street Journal (sub. req.)]
* The day after Michigan’s ban on same-sex marriage was struck down by Judge Bernard Friedman, couples who rushed to marry were met with some serious Sixth Circuit sadness. Way to stay and spoil all of the celebrations, judges. [New York Times]
* “We’re not the Cleveland Browns,” says one of Case Western Law’s interim co-deans. With that kind of a glowing endorsement, we don’t see how this law school could possibly fail. [Crain's Cleveland Business]
* Rutgers Law-Newark has a new low-bono fellowship program “believed to be the first of its kind in the nation.” Some other law schools might have a bone to pick about that statement. [New Jersey Star-Ledger]
For a while, interest in the Dewey drama seemed to be flagging (at least according to our traffic statistics). But lately it has revived, thanks to the recent criminal charges against the firm’s former leaders, plus the arrival on the scene of Zachary Warren — a total Dewey & LaBoeuf-Cake.
Interest in Zach Warren has been keen — and not just because of his good looks. His tale seems to resonate with Above the Law readers because, as Matt Kaiser recently noted, “he seems like one of us.” Although Above the Law’s readership is expanding, with more than a million unique visitors a month, it’s still fair to say that a young lawyer, recently graduated from a top law school, is within ATL’s demographic sweet spot.
Over the past few days, we’ve learned more about Zachary Warren. Dewey want to share this knowledge with you? Of course we do….
Last week brought some good news for Georgetown University Law Center. In the latest U.S. News law school rankings, GULC moved up one spot to tie at #13 with Cornell. Go Hoyas!
Alas, over the past year the news has been less happy for some individual GULC students and graduates. About a year ago, former student Marc Gersen got sentenced to four years for meth dealing. Earlier this year, alumnus Stephen Glass got rejected for California bar admission, due to his notorious past as a dishonest journalist.
In recent weeks, a very accomplished (and handsome) GULC graduate, currently clerking for a federal appeals court judge, got indicted in connection with the collapse of Dewey & LeBoeuf. What Dewey know about Zachary Warren?
Judicial misconduct comes from all across the ideological spectrum. Judge Richard Cebull of Montana, who reportedly spewed out racist emails like an ATM dispensing twenties, was an anti-Obama conservative. Meanwhile, Judge Boyce F. Martin Jr., whose ethical troubles we alluded to yesterday, was a prominent progressive on the Sixth Circuit.
Judge Martin was appointed to the court in 1979 by President Jimmy Carter and wrote major opinions attacking the death penalty and defending affirmative action. He also penned fun opinions that included references to The Simpsons and Austin Powers.
Alas, this liberal lion has roared his last. Did an investigation into possible judicial misconduct help drive Judge Martin from the bench?
* GEEZER FIGHT!!! (Still not as good as the all-time classic embedded after the jump) [Lowering the Bar]
* Judge Boyce Martin apparently racked up nearly $140,000 in improper expenses. Now he’s gone from the Sixth Circuit. At least he finally has some time to travel. [Talking Points Memo]
* The University of Wisconsin got smacked with a lawsuit over its decision to get rid of student government because student governments are useless application padding for tools for no reason. I want this to go to trial just to hear everyone “Badger” the witness. UPDATE: So this is UW-Milwaukee so they’re technically the Panthers. I stand by the original joke because nothing will badger the witnesses more than reminding them that they didn’t have the grades to go to UW-Madison. [The Chronicle of Higher Education]
* Thomson Reuters Concourse is getting serious. They just added Drafting Assistant, Westlaw Doc & Form Builder, and WestlawNext Practitioner Insights to the platform and promise more on the way. At this rate, I’m expecting a big “WestPhone” & “WestPad” unveiling in a few weeks. [Legal Current]
* The story of the late Duke law student whose family was hounded by Sallie Mae for repayment may have come to a conclusion. [Think Progress]
* “You Don’t Have to be Jewish to Love a Kosher Prison Meal.” [New York Times]
* Some law students at the University of Utah Law School have created a humor journal. Here’s the latest issue. I wonder what current events issue law students in Utah are going to write about… [The ScoffLaw]
* Ed Kilgore of the Progressive Policy Institute weighed in on how Chris Christie’s BridgeGate stemmed, in part, from his experiences as a prosecutor and cited our article on the subject in the process. [Washington Monthly]
[T]he role of the district judge is not to gloss over serious issues for the sake of preventing additional work for the court. Rather, in a criminal trial, the judge is entrusted with the responsibility of ensuring that the constitutional rights of the accused are safeguarded from the whims of public opinion, prejudice, and expediency.
– Judge Martha Craig Daughtrey, in an opinion reprimanding Judge David Dudley Dowd Jr. for failing to remove a juror whose comments gave “some indication that he could not decide the case fairly and impartially” (due to its unsettling subject matter, child pornography).
* After its patent battle in the courts, Apple wants Samsung to pay for a portion of MoFo’s legal fees. When you think of it, $15.7 million is a rather piddling amount when full freight is $60 million. [The Recorder]
* Say goodbye to your pensions! As it turns out, law review articles aren’t so useless after all. Detroit’s foray into Chapter 9 eligibility is the brainchild of a Jones Day partner and associate duo. [Am Law Daily]
* It must be really stressful to plan a wedding when your defamation victory is on appeal to the Sixth Circuit. The latest chapter in the Sarah Jones v. TheDirty.com case could mean curtains for online speech. [AP]
* When it comes to their credit ratings, stand-alone law schools are getting screwed due to their inability to put asses in their empty seats. Four out of five schools profiled could be in big trouble. Which ones? [WSJ Law Blog (sub. req.)]
* “You need to not dress like that.” TMZ’s attorney, Jason Beckerman, is an alumnus of Kirkland & Ellis, and he was quickly advised by a producer that he needed to lose his lawyer duds. [California Lawyer]
There’s no better way to introduce this story than by reprinting the opening paragraph of the Sixth Circuit opinion by Judge Raymond Kethledge (citation omitted):
There are good reasons not to call an opponent’s argument “ridiculous,” which is what State Farm calls Barbara Bennett’s principal argument here. The reasons include civility; the near-certainty that overstatement will only push the reader away (especially when, as here, the hyperbole begins on page one of the brief); and that, even where the record supports an extreme modifier, “the better practice is usually to lay out the facts and let the court reach its own conclusions.” But here the biggest reason is more simple: the argument that State Farm derides as ridiculous is instead correct.
* Earlier this week, Verizon faced off against the Federal Communications Commission in a net neutrality battle royal before the D.C. Circuit. Next time, make FiOS work before trying to get a do-over on the way the internet runs. [New York Times]
* “I see my job as an air traffic controller. And I see an unending line of airplanes.” Federal judges are buckling under the heavy weight of their caseloads, and from the sound of it, they’re not at all happy about the situation. [National Law Journal (sub. req.)]
* Which Biglaw firms strike the most fear into the hearts of their opponents when it comes to litigation? One firm got the boot from last year’s list, and we’ll have more on this later today. [Law360 (sub. req.)]
* Duane Morris is the first U.S. firm to open an office in Myanmar on some prime real estate. Be jealous of their associates as they bask in the splendor of its beautiful architecture. [Philadelphia Business Journal]
* A trio of Quinn Emanuel partners, including John Quinn himself, teamed up to open a high-class sushi joint in L.A. If he waits tables, he’ll definitely need someone to break a hundred. [Am Law Daily (sub. req.)]
* The Sixth Circuit affirmed the dismissal of a former student’s suit against Thomas M. Cooley Law School, and now he’ll have to live with shame for all eternity after being branded a cheater. [Law360 (sub. req.)]
* Strippers aren’t independent contractors, they’re employees entitled to minimum wage, says a judge. Taking off their clothes for only $7.25 an hour will do wonders for their self-esteem. [New York Daily News]
* Lady Gaga is being taken to trial over the wage-and-hour lawsuit filed by her former personal assistant. We wonder if the pop star will be as foul-mouthed on the stand as she was in her deposition. [ABC News]
* For everyone at the midway point of a bar exam: Here… [Dinmoney]
* Naked selfies: Not just for Carlos Danger anymore. A female police officer uses her workday to post naked pictures of herself. [Legal Juice]
* Speaking of NYC politics and placing Weiners where they don’t belong, Professor Lawrence Cunningham argues that Eliot Spitzer would be a horrible Comptroller based on his record as New York Attorney General. Cunningham then lists every reason Eliot Spitzer was an awesome Attorney General. [Concurring Opinions]
* An appeals court has upheld the ruling that killed Mayor Bloomberg’s large sugary soda ban. Drink up, fatasses! It’s your right as an American. In the meantime, check out this argument over whether the decision contains a curious paradox [PrawfsBlawg]
* The Sixth Circuit affirmed an earlier decision dismissing a suit brought by Cooley grads. But they did not repeat the classic, “an ordinary prudent person would not have relied on [Cooley's] statistics to decide to spend $100,000 or more.” [ABA Journal]
* After winning Survivor, Cochran has decided to turn his law degree into the most expensive TV screenwriting degree ever. He’ll be penning a sitcom this Fall. [St. Louis Today]
* Susan Westerberg Prager, the incoming dean of Southwestern Law School, is the first female dean of a law school… again. [Chronicle of Higher Education]
* As someone without kids, I find this fascinating. Popehat has a poll asking readers their thoughts on monitoring the electronic communication of their middle schoolers. As a parent, are you more Edward Snowden or J. Edgar Hoover? [Popehat]
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: