The defendants’ appeal brief is a gaunt, pathetic document (there is no reply brief). Minus formal matter, it is only eight and a half pages long. Brevity is the soul of wit, and all that, but still: the first seven and a half pages are simply a recitation of the history of the Georgia lawsuit, the settlement negotiations, and the present suit, along with questionable and irrelevant facts; and the tiny argument section of the brief — 118 words, including citations — states merely, without detail or elaboration, that the defendants do not possess the settlement funds and therefore can’t restore them.
Staci here. We’re sure many of you have applied to clerk for or have actually clerked for federal appeals court judges. We’re sure that waiting for a response after you submitted all of your paperwork was simply agonizing.
If you got the job, congratulations; we bet you were absolutely elated. If you got rejected, you might have been disappointed. But if you got a rejection letter like the one we’re about to show you, you must’ve been downright, well, confused. While we’ve seen the good, the bad, and the ugly in federal clerkship rejection letters — see, e.g., here and here — we’ve never seen anything quite like this before.
This is something we think you’re going to want to take a look at. Call it “rejection via resignation”….
From the Above the Law mailbag: “Is ATL ever going to call out Judge Posner for being so needlessly nasty to litigants?”
Ummm, no. I’m a big fan of Judge Richard Posner, who is brilliant and hilarious. (Yes, hilarious — if you doubt that, check out the awesome podcast that he and I did together, which you can download and listen to during your commute or at the gym.)
But in the interest of fairness, I will make this reader’s case. This correspondent cited the recent oral argument in Notre Dame v. Sebelius, which we alluded to yesterday, in which Judge Posner dispensed some benchslaps to Matthew Kairis, head of litigation in the Columbus office of Jones Day. The reader also mentioned the argument on remand in the Conrad Black case, alleging that Posner “was particularly nasty to Miguel Estrada, seemingly piqued that Estrada got him reversed by SCOTUS.”
Let’s focus on the Notre Dame v. Sebelius argument, since it just happened. How bad was it?
* In continuing Seventh Circuit benchslappiness, Judge Richard Posner got feisty with an attorney for Notre Dame who kept interrupting him. If this lawyer keeps it up, Posner’s going to treat his client like Alabama did a year ago. [Chicago Tribune]
* Comcast wants to buy Time Warner, pending DOJ approval. The DOJ wants to talk to Comcast, but they’re only available to talk between 10 and 10:15 on alternating Wednesdays. [ATL Redline]
* California and New Jersey have banned gay conversion therapy programs. Is that the best way to combat these schemes? [New York Times]
* A look at getting started as an entrepreneur. See, there’s hope after bailing on practicing law. [Big Law Rebel]
* Daria Roithmayr of USC Law thinks The Triple Package (affiliate link), the new book by Yale’s Amy Chua and Jed Rubenfeld, doesn’t hold water. I mean, since when are we holding academics to writing “scholarship” as opposed to “controversy bait”? Professors need to eat, after all. [Slate]
* A cop who got in trouble for bashing Obama online thought he was protected by the First Amendment. The court disagreed. [IT-Lex]
That’s the only conclusion you can reach after reading the court’s new guide to typography. The federal rules say remarkably little about typeface, and the Seventh Circuit was having none of that vagueness. But instead of making a simple, concrete rule to guarantee that lawyers submit something that won’t make the judges — or their clerks — bleed profusely from the eyes, they churned out seven pages of pedantically detailed instructions. They even explain the difference between 12-point and 14-point fonts using many more words than “the second one is bigger.” Apparently the Seventh Circuit cares more about encouraging clean typefaces than efficient writing.
If you’re practicing in the Seventh Circuit, you need to read this curmudgeonly tract — and if you’re not, you can just giggle….
* Judge Richard Posner is the latest judge to have admitted to making a possible error (which he later endlessly recanted), but hey, if he was wrong, at least he was wrong in a “responsible, informed, and fair-minded way.” [National Law Journal]
* After being unceremoniously tossed off New York’s stop and frisk case by the Second Circuit for her supposed “partiality,” Judge Shira Scheindlin has been replaced by Judge Analisa Torres. Best of luck — you might need it. [New York Law Journal]
* Will Judge Scheindlin’s removal have a chilling effect on judicial speech? Lat thinks it would cause judges to “hide underneath their robes” even more than they already do. [Room for Debate / New York Times]
* The Biglaw gay gross-up marches on: it’s funny that the most conservative industry is outpacing others in terms of progressive benefits for LGBT employees and families. [Capital Business / Washington Post]
* “The U.S. is facing a paradox surrounding access to justice,” says ABA President James Silkenat, who is trying to kill two birds with one stone by pairing unemployed lawyers with poor clients. [Am Law Daily]
* Bernie Goetz (aka the New York subway vigilante) was arrested on pot charges after allegedly offering to get an undercover cop high. We’ve got a feeling his new nickname will be “Burnie.” [New York Daily News]
Innumerable are the lawyers who explain that they picked law over a technical field because they have a “math block” — “law students as a group, seem peculiarly averse to math and science.” But it’s increasingly concerning, because of the extraordinary rate of scientific and other technological advances that figure increasingly in litigation.
* President Obama joins the chorus calling for an end to the 3L year. But when will students take all those Law and “Running a Massive Domestic Spying Operation” seminars? [Buzzfeed]
* At the end of this HuffPost Live clip, Elie suggests anti-gay clergy should unsubscribe from the Bravo network. Seems unfair to those who enjoy watching “Real Housewives of the Provo Tabernacle.” [HuffPo Live]
* Scottie Pippen and Horace Grant formed a dominant NBA Jam team. But without Grant, Pippen got dismantled by the duo of Easterbrook and Posner (and Williams). [FindLaw]
* Jim Beam has resuscitated Seinfeld attorney Jackie Chiles in a new ad campaign about suing bears for stealing honey. It mkaes slightly more sense when you see the whole ad. Slightly. [Hollywood Reporter]
* Judge E. Curtissa Colfield seems to have gotten a little drunker than she thought the other night and started berating cops. Maybe drinking is why she had that problem getting those decisions issued on time. [Legal Juice]
* Is rapping about crime probative to charges of committing a crime? Both the majority and dissenting opinion are worth a read. [Las Vegas Law Blog]
* Speaking of…. Taking the Notorious R.B.G. label seriously, here’s some SCOTUS-themed lyrics to Biggie’s Juicy. Embed after the jump….
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
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: