9th Circuit

  • 9th Circuit, Anthony Kennedy, Basketball, Biglaw, Federal Judges, Gay Marriage, Law Reviews, Law Schools, Magic Circle, Morning Docket, SCOTUS, Supreme Court, United Kingdom / Great Britain

    Morning Docket: 06.05.14

    * The Supreme Court won’t be blocking gay marriages from occurring in Oregon pending an appeal. Maybe it’s because the request wasn’t filed by the state, or maybe it’s because Justice Kennedy is the man. [National Law Journal]

    * “To err is human. To make a mistake and stubbornly refuse to acknowledge it — that’s judicial.” This Ninth Circuit judge wants his colleagues to get over themselves. Please pay attention to him, SCOTUS. [WSJ Law Blog]

    * Cheerio mates! As it turns out, according to a recent stress study, lawyers at Magic Circle firms in Merry Olde England are more miserable than their American colleagues. [The Lawyer via The Careerist]

    * Donald Sterling dropped his $1 billion lawsuit against the NBA and agreed to the sale of the Clippers to Steve Ballmer for $2 billion. Lawyers for Skadden have been sent back to warm the bench. [Bloomberg]

    * In a surprise move, InfiLaw pulled its application for a license to run Charleston Law into the ground the day before a vote was supposed to be held. At least the opposition won this battle. [Post and Courier]

    * The Yale Law School Clinic is representing a deported Army veteran seeking a pardon and humanitarian parole. Aww, look at that, experiential learning can be beneficial for everyone involved. [Hartford Courant]

  • 9th Circuit, Basketball, Biglaw, Deaths, Federal Judges, Gender, Jay Bybee, Lateral Moves, Law Schools, Media and Journalism, Morning Docket, Women's Issues

    Morning Docket: 06.02.14

    * Federal judges still have financial allegiances to their former firms that are reported on their mandatory annual disclosures. At least one appellate judge — Jay Bybee of the Ninth Circuit — made a killing after confirmation. [National Law Journal]

    * After “a challenging 2013,” Bingham McCutchen is leaking lawyers like a sieve. Fourteen attorneys, including nine partners, recently decided to leave the firm, and they’re all headed to different Biglaw locales. [WSJ Law Blog via Reuters]

    * Just one day after Donald Sterling was declared “mentally incapacitated,” he filed a lawsuit against the NBA, seeking more than $1 billion in damages. Skadden lawyers are stripping off their warm-up suits to take it to the court. [USA Today]

    * This Am Law 200 firm thinks it figured out a way to help women combine their careers and home lives — by hiring a role model/mentor with an almost six-figure salary. Good idea or bad? [Dallas Morning News]

    * We’ve got some breaking news for our readers from the “no sh*t” department: Law schools are competing to cut costs based on a shrinking applicant pool, but tuition is still quite unaffordable. [Houston Chronicle]

    * Lewis Katz, co-owner of the Philadelphia Inquirer and alumnus of Dickinson Law, RIP. [Onward State]

  • 9th Circuit, Associate Salaries, Biglaw, California, Education / Schools, Federal Judges, Gay Marriage, Law School Deans, Law Schools, Morning Docket, Rudeness, State Judges

    Morning Docket: 05.15.14

    * The times are a-changin’ for Biglaw in many ways, and lawyers may soon see their starting pay take a dive because clients think they “continue to be too expensive.” [WSJ Law Blog]

    * Foley & Lardner plans to shutter its San Diego shop, following in the footsteps of other Biglaw behemoths. Not to worry, no one’s been laid off — that we know of, that is. [Am Law Daily]

    * Say hello to Alabama Law’s new dean, Mark Brandon. Maybe he’ll be the man to propel the school to a #5 ranking in a publication other than National Jurist. ROLL TIDE! [National Law Journal]

    * Earlier this week, an Idaho judge struck down the state’s ban on gay marriage, and now she’s refusing to issue a stay. Good on you, judge, but the Ninth Circuit may put those marriages in limbo for a while. [NPR]

    * Speaking of judges who’re refusing to stay same-sex marriage rulings, last night, the Arkansas Supreme Court turned down the state attorney general’s request to put a stop to marriage equality. [USA Today]

    * A lawyer working as Board of Education president in Mahopac, New York, resigned from his position after calling a PTA volunteer a “chubby wubby” at a school board meeting. That’s not very nice. [Journal News]

  • 9th Circuit, Basketball, Confirmations, Constitutional Law, Gay Marriage, Law Schools, Morning Docket, Racism, Religion, Sports

    Morning Docket: 04.29.14

    * Michelle Friedland, a Munger Tolles partner, has been confirmed to the Ninth Circuit. Congratulations! This marks the first time in years that the court has had a full slate of 29 judges, which is also pretty cool for law nerds. [Legal Times]

    * L.A. Clippers owner Donald Sterling is probably going to be flopping around just like LeBron now that the NBA commissioner, Adam Silver, a former Cravath attorney, has launched a full court press against him. [Am Law Daily]

    * This is something completely new and different. The United Church of Christ filed a lawsuit against North Carolina over its ban on gay marriage saying it restricts its clergy’s religious freedom. [New York Times]

    * Dear Low Grades, High Hopes: You don’t need an addendum to your law school application. You’ll get in everywhere you apply — they’re desperate to fill their seats. [Law Admissions Lowdown / U.S. News]

    * Singer-songwriter Paul Simon was arrested yesterday alongside his wife after she “picked a fight” with him. Given how “disorderly” things were, perhaps all he wanted to hear was the sound of silence. [CNN]

  • 9th Circuit, Biglaw, Books, Crime, Diarmuid O'Scannlain, Eugene Volokh, Gay, Gay Marriage, Guns / Firearms, Mergers and Acquisitions, Morning Docket, Screw-Ups, Violence

    Morning Docket: 02.14.14

    * Virginia is for lovers — gay and straight alike. Judge Arenda L. Wright Allen (E.D. Va.) just struck down the state’s ban on same-sex marriage (but stayed her ruling pending appeal). Happy Valentine’s Day! [Washington Post]

    * The Ninth Circuit, in an opinion by Judge Diarmuid O’Scannlain, issued a major Second Amendment ruling. Is it correct, and what will happen next? Professor Eugene Volokh shares his thoughts. [Volokh Conspiracy; Volokh Conspiracy]

    * Which leading law firms are trying to make the Comcast/Time Warner Cable monstrosity into reality? [American Lawyer]

    * Did a Biglaw firm make a big-time mistake by blowing a deadline to appeal a $40 million verdict? [Law360 (sub. req.)]

    * Speaking of screw-ups, making them in the e-discovery realm can be costly — a lesson that California is learning the hard way, to the tune of $32 million. [ACEDS]

    * Former New Orleans Mayor Ray Nagin thought he’d be acquitted; he thought wrong. [ABA Journal]

    * George Washington wasn’t a member of the one of the 8 magic groups — but his story still illustrates the truth of The Triple Package (affiliate link), according to Washington biographer Logan Beirne. [Fox News]

    * Authorities have made an arrest for the package bombing that killed a retired Tennessee lawyer and his wife. [CNN]

  • 9th Circuit, Affirmative Action, Biglaw, Blank Rome, Gay, Job Searches, Jury Duty, Law Schools, Minority Issues, Morning Docket, Pornography, SCOTUS, Supreme Court, United Kingdom / Great Britain

    Morning Docket: 01.23.14

    * The Supreme Court isn’t sure how to address restitution in this child pornography case, but the justices agreed that they didn’t like the “50 percent fudge factor” offered by a government attorney. [New York Times]

    * No, stupid, you can’t strike a juror just because he’s gay. By expanding juror protections to sexual orientation, the Ninth Circuit recently added a new notch on the gay rights bedpost. Progress! [Los Angeles Times]

    * The Privacy and Civil Liberties Oversight Board says the NSA’s domestic surveillance program is illegal and should be stopped. Sorry, Edward Snowden beat you to the punch on that one. [New York Times]

    * While Blank Rome was busy denying a possible merger with Nixon Peabody, it picked up 21 attorneys from two small firms in California to open a San Francisco office. Sneaky. [Philadelphia Business Journal]

    * Dennis T. O’Riordan, the ex-Paul Hastings partner who faked his credentials, was disbarred — not in New York, where he claimed he was admitted, but across the pond in the United Kingdom. [Am Law Daily]

    * The ABA Journal wants to know if your law firm considers law school pedigree during its hiring process. Please consider the law schools your firm shuts out from OCI, and respond accordingly. [ABA Journal]

    * Word on the street is UALR School of Law is trying to push an affirmative action program that’s “likely unconstitutional.” It might also be insulting to prospective minority students, so there’s that. [Daily Caller]

  • 9th Circuit, American Bar Association / ABA, Biglaw, Blogging, Celebrities, Free Speech, Law Schools, Morning Docket, Perks / Fringe Benefits, Pregnancy / Paternity, Suicide, Texas

    Morning Docket: 01.21.14

    * For the first time, a federal appeals court extended First Amendment protections reserved for trained journalists at traditional news entities to bloggers. Yippee, thanks Ninth Circuit! [L.A. Now / Los Angeles Times]

    * If you want a Biglaw firm with a really generous 401(k) plan, look no further than Sullivan & Cromwell. It’s the most generous law firm plan in the country, with O’Melveny & Myers in second place. [BenefitsPro]

    * A brain-dead patient in Texas is being used as an incubator because a state law requires hospitals to continue life support for pregnant women. Calling this the “cruelest pregnancy” is much too kind. [New York Times]

    * Here are some depressing facts: not only are lawyers 3.6 times more likely to be depressed than non-lawyers, but they also rank in fourth place in terms of suicides per profession. Call someone if you need help. [CNN]

    * Florida A&M must be absolutely thrilled that the ABA canceled the school’s show-cause hearing. It appears that the law school will be able to keep its accreditation, for now. [Tallahassee Democrat]

    * If you’re a parent considering going to law school with a young child at home, congrats, because you must be rich to be toying with an idea like that. [Law Admissions Lowdown / U.S. News & World Report]

    * Playboy is suing Harper’s Bazaar for using its pictures of Kate Moss without permission. The men’s mag wants $150K per picture posted on the luxury mag’s website — that’s one lavish lapin. [Independent]

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  • 9th Circuit, Drugs, Food, Non-Sequiturs, Parties, Police, Technology, Wal-Mart

    Non-Sequiturs: 01.15.14

    * Wal-Mart may recall loads of donkey meat from their stores. Not because they sold donkey meat — they intended to do that — but because there was fox meat mixed in. What does the Fox Say? Nothing, because it was ground into donkey meat. The end. [MSN Money] * Of course Colorado got rid of mile marker 420. But it’s not because they don’t like weed — it’s legal there, after all — check out the real reason. [Lowering the Bar] * Judges are reading briefs on iPads now? Here’s how you write a brief for a judge who has an app for “law.” [Columbia Business Law Review] * A listing of this lawyer’s previous representations. In the words of our tipster: “Don’t know what’s worse: Courtney Love or the Gambino crime family.” [Andrew Mancilla, Esq.] * The Ninth Circuit gave the go-ahead for about 60,000 tech workers to sue Google, Apple, and other companies for artificially driving down wages by agreeing not to poach each others’ employees. Hey, give these folks some love, not every one of them is going to go start a new video game company. [Reuters] * A lot of Cuban-American families in Miami blow a lot of money on quinceañeras. Here’s a way to recoup some funds: throw a completely innocent party and wait for the cops to come by and commit police brutality. This guy netted $90,000 that way. [Miami New Times]
  • 9th Circuit, Biglaw, Blogging, CIA, Federal Judges, George Bush, Lateral Moves, Law School Deans, Law Schools, Non-Sequiturs, Partner Issues, Tax Law

    Non-Sequiturs: 01.02.14

    * Man tried to rob a convenience store so he could go back to prison. And he almost screwed that up… [KMOV] * The CIA’s former lawyer explains how torture came to be a go-to national policy. According to John Rizzo, author of the forthcoming Company Man (affiliate link), George W. Bush basically had no conception of what was going on, which makes a lot of sense anyway. [The New Yorker] * Brooklyn Law’s Dean Nick Allard makes predictions for law schools in 2014. “[P]eople will look back at 2014 and say it marked the start of the new world of law: a renaissance where the respect and reputation of lawyers and law schools began to rise by measurable benchmarks.” Go ahead and laugh, I’ll wait. [TaxProf Blog] * Paul, Weiss picks up tax partner Scott Sontag from Weil Gotshal. (Congrats to both firms, by the way, on tying for the #9 spot in our list of top-ranked law firms for 2013.) [Paul, Weiss] * Nooooooooooooo! Judge Richard Kopf is ending his blog. [Hercules and the Umpire] * And the hits keep on coming. Professor Kyle Graham is also leaving the blogosphere. [Non Curat Lex] * The Ninth Circuit will start streaming all of its oral arguments next week. If you want to help them out, tune in. No promises that the panel will excoriate any prosecutors this time. [Ninth Circuit]
  • 9th Circuit, D.C. Circuit, Defamation, Gay, Non-Sequiturs, Television

    Non-Sequiturs: 12.13.13

    * The Grinch goes to court to get some legal redress. Dr. Seuss really is all about the law. [NPR] * How much bulls**t is wine appreciation? This guy is in trouble for selling fake wine to so-called experts for years and they never noticed. [Gawker] * Is this really the most likely scenario after you graduate with a law degree? [Law School Lemmings] * Congratulations to Eric Schneiderman for successfully getting fired Domino’s workers back on the job. Living up to the New York’s AG’s new “If You Don’t Get Justice In 30 Minutes, It’s Free” promotion. [Daily Kos] * Celeb lawyer saves kid from getting bowled over by Chicago Bulls. Amazingly, the Knicks were able to take this guy’s lead and actually won a game. [TMZ] * Creating fake Linkedin accounts to make your competitor seem like it’s really a foreign company. Well, that’s one way to compete. [IT-Lex] * Folks who’ve been watching the Ninth Circuit’s en banc proceedings have asked why Judge Gould appears by video. The reason is that Judge Gould has multiple sclerosis and works from his home base in Seattle. Here’s an awesome profile of the judge. [United States Courts for the Ninth Circuit] * Elie joined Non-Sequiturs all-stars Jessica Mederson of Legal Geeks and Kevin Underhill of Lowering the Bar on Legalese It! with Mike Sacks. They discussed the D.C. Circuit, India’s new anti-gay law, and the affluenza case. The video after the jump…

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  • 9th Circuit, Disasters / Emergencies, Intellectual Property, Jay Bybee, JPMorgan Chase, Jury Duty, Non-Sequiturs, Technology

    Non-Sequiturs: 11.20.13

    * CeeLo Green, through his attorney, tells the judge and prosecutors in his criminal case to, um, Forget themselves. He’s miffed that the judge and prosecutors set up cameras during his arraignment and left themselves out of the shot creating a false impression of guilt. This marks the first time this guy didn’t want a camera fixated solely on him. [TMZ] * Samsung wants a mistrial in its case with Apple because Apple’s attorney, Harold McElhinny, implied in his closing argument that American-made jobs building TV sets moved overseas because companies failed to protect intellectual property. Samsung is arguing that this is racist. [Bloomberg] * Remember the matter of the attorney supposedly stalking a jury? Well, the judge has overturned the verdict over it. [Courthouse News Service] * A week in the life of a Biglaw litigation associate. It’s a decent list, but where were the Thursday Night Football and Netflix? You’ll see what I mean in the next story. [Big Law Rebel] * JPMorgan is awfully sorry for making the conscious decision to sell toxic securities that helped destroy the economy. “Our bad, y’all!” [Gawker] * The justices who penned Bush v. Gore shamelessly admitted how terrible the decision was by trying to claim it had no precedential value. Unfortunately, no one listened to them. [Mother Jones] * In addition to the many law firms that are contributing to Typhoon Haiyan relief efforts, several Asian-American lawyer groups are organizing a fundraising event this coming Monday. If you’re in New York, please consider attending! [Facebook; AABANY] * In sad news, the son of Ninth Circuit Judge Jay Bybee shot and killed himself in the courtyard of the LDS Temple in Henderson, NV. Our thoughts are with Judge Bybee and his family. [Las Vegas Review-Journal (gavel bang: Las Vegas Law Blog)]
  • 9th Circuit, Alex Kozinski, Benchslaps, Facebook, Fashion, Law Schools, LSAT, Non-Sequiturs, Shira Scheindlin

    Non-Sequiturs: 11.13.13

    * I’ve never heard of a “copyist.” Apparently it’s what you call people who “steal” intellectual property that isn’t actually protected. I’d care, but I’m too busy trying to figure out how The Onion would write this blurb. [You Thought We Wouldn't Notice] * And now time for your annoying “why do LAWYERS get money instead of PLAINTIFFS??????” post: The Stop-and-Frisk edition. While I wait for some of you to get off the turnip truck, I’ll note that I don’t begrudge the lawyers who helped bring to light the horrible NYPD tactics one cent. [New York Observer] * Tom Cruise’s lawyer almost got Tom Cruise’s ass beat down by Mark Wahlberg’s fists. [Gawker] * IED explodes in a district attorney’s office in Oregon. No one was injured. So jokes about Stanford blowing up Oregon’s BCS title chances remain totally appropriate and cool. [ABA Journal] * Every year, people ask if the February LSAT is “too late” if you want to start law school the next fall. And every year, I want to say “How in the f*** can you not get your s*** together to take the LSAT earlier, but just have to start attending law school as soon as possible?” [LawSchooli.com] * Will the Ninth Circuit follow up its oral benchslap with a written one? One professor doubts it. [Volokh Conspiracy]
  • 9th Circuit, Biglaw, Crime, Insider Trading, Job Searches, Law Firm Mergers, Law Schools, Morning Docket, Patents, R. Ted Cruz, Sports, Technology, Trials

    Morning Docket: 11.11.13

    * After months of gains, the legal industry lost 900 jobs in October, just as some of the big state bar exam results came out. We imagine the folks who rallied for the 10-months-after-graduation employment statistic are as pleased as punch. [Am Law Daily]

    * “How do we find a new inventory of high net worth clients?” The answer for Kelly Drye was really quite simple: it seems that pro athletes are willing to pay just about anything to keep themselves from going bankrupt. [Capital Business / Washington Post]

    * “I don’t know why it’s better to use a bigger firm.” When it comes to the latest law firm mega-mergers, some say that it’s not the size of the boat, but the motion of the ocean. [Wall Street Journal (sub. req.)]

    * It’s like Groundhog Day for these Biglaw attorneys: Apple and Samsung are preparing for the “patent trial of the century,” part deux, and both MoFo and Quinn Emanuel have enlisted new lineups. [The Recorder]

    * SAC Capital’s general counsel is okay, “[a]ll things considered.” His painful appendectomy is nothing compared to the $1.2 billion his hedge fund has to pay the government. [DealBook / New York Times]

    * Ted Cruz might be an “AASS,” but he’s done at least one awesome thing in his life. He once drank so much Everclear that he completely ruined a play put on by the Harvard Law drama society. [Boston Globe]

    * The Z-list actress who sued IMDb for revealing her age filed an appeal with the Ninth Circuit because hey, some of those judges are pretty old. Maybe they’ll sympathize. [Hollywood, Esq. / Hollywood Reporter]

  • 9th Circuit, Antitrust, BARBRI, Biglaw, Defamation, Law Firm Mergers, Morning Docket, Murder, Pregnancy / Paternity, Secretaries / Administrative Assistants

    Morning Docket: 10.25.13

    * Trouble in paradise, so soon? The proposed merger between Dentons and McKenna Long & Aldridge has been delayed. McKenna has postponed its partnership vote, and Dentons says no partnership vote was ever planned. [Daily Report]

    * Wherein a firm fails to Latham an ex-employee’s baby mama drama: a legal secretary who was allegedly told her pregnancy complications “were not [the director of HR’s] problem” will see her case against L&W move forward. [Blog of Legal Times]

    * You know that relations have grown bitter between opposing counsel when attorneys from one firm refer to lawyers from the other as “Monday Morning Quarterbacks.” The legal fee dispute in the BARBRI antitrust case rages on at the Ninth Circuit. [National Law Journal]

    * Paging ProudCooleyGrad: Kurzon Strauss, the firm that sued Cooley Law over its allegedly deceptive job stats, is trying to get records unsealed in the school’s defamation case that’s now on appeal. [MLive.com]

    * Convicted murderer and jailhouse hottie Jodi Arias is accepting donations for her appeals fund. It could be worth your while — if you donate enough, maybe she’ll consider turning you into her next victim. [HLN TV]