A Legal Tabloid - News, Insights, and Colorful Commentary on Law Firms and the Legal Profession
Managing Editor: David Lat
Editor: Elie Mystal
Assistant Editor: Staci Zaretsky
Contributors: Kashmir Hill, Marin, Mark Herrmann, Jay Shepherd
David Lat is the founder and managing editor of Above the Law. His writing has also appeared in the New York Times, the Washington Post, the Wall Street Journal, the New York Observer, Washingtonian magazine, and New York magazine. Prior to ATL, he launched Underneath Their Robes, a blog about federal judges. Before entering the journalism world, he worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O'Scannlain, of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal. He has received several awards for his work on ATL, including recognition as one of the American Lawyer’s Top 50 Big Law Innovators of the Last 50 Years; one of the ABA Journal’s Legal Rebels, a group of pioneers within the legal profession; and one of the Fastcase 50, "the fifty most interesting, provocative, and courageous leaders in the world of law, scholarship, and legal technology." You can connect with him on Facebook or Twitter.
We adore quirky lawsuits brought by high school students against school administrators. There’s something about the high school setting that fosters oddball litigation. E.g., “Bong Hits 4 Jesus”; Gifties v. Tards.
Here’s the latest such tale, from the AP:
A high school senior acknowledges he went too far when he mooned a teacher. But he thinks the decision of school officials to send him to a new school for the rest of the year was too harsh, so his family is suing.
Tyler Tillung, 18, mooned a teacher “suddenly and without thinking about the consequences” in February, according to the lawsuit filed Tuesday. The teacher had declined to let him into a Feb. 21 school lip sync show that was full.
Lip sync shows: not just for show queens. Anyway, here’s the school’s response:
“Without knowing the allegations, we’re confident in the administration’s position on this case,” [School Board Attorney Jim] Robinson said. Palm Harbor principal Herman “Doc” Allen described the mooning as “disgusting” and the teacher as “traumatized.”
Attorney General Alberto Gonzales may be slightly more secure in his position these days than in the recent past, when it was looking like “Gonzales” was Spanish for “canned.” But he’s not out of the woods yet — which is why speculation about possible successors continues.
Ben Wittes, writing for TNR Online, has some excellent insights. His overall take:
[B]etween a sinking administration that still demands loyalty above all else and congressional Democrats keen on using their new oversight powers, finding a candidate who satisfies both sides will be hard. The next attorney general must be someone acceptable enough to Democrats not just to get confirmed but to tamp down the fire Gonzales has witlessly set.
But he must also be enough of a conservative to satisfy the White House. And he needs a reputation for probity and moral seriousness sufficient to speak to the public and to Congress with the respect that Gonzales obviously lacks. It’s a tall order–a pinch so tight that it squeezes out almost all of the names being bandied about in public.
Wittes then marches through various possible nominees. Discussion continues, after the jump.
As we previously mentioned, we will be speaking at Columbia Law School next week, at the kind invitation of the Columbia Federalist Society.
Our talk is open to the public, so feel free to stop by if you’re in the area. Here are the details:
Wednesay, April 11, 5:30 PM6:00 PM Columbia Law School Jerome Green Hall, Room 102 435 West 116th St. (at Amsterdam Avenue)
As one CLS student pointed out to us, our talk unfortunately overlaps (in part) with the Harlan Fiske Stone Moot Court finals, scheduled from 4 PM to 6 PM. If you’d like to go to the Moot Court first, please feel free to sneak into our talk late. Needless to say, considering the star-studded bench — which we also plan to watch in action before heading off for our event — we won’t be offended by tardy arrivals. Update: We’re happy to report that the time of our talk has been changed. We are now speaking at 6 PM, so there’s no need to choose between us and Moot Court.
Hope to see you next week!
The Harvard Law Review is cited less and less in decisions by federal courts, in keeping with a trend across several major law reviews, according to a study published last month by staff at the Cardozo Law Review of Yeshiva University.
The researchers found that the Harvard journal was cited 4,410 times in federal courts during the 1970s, but only 1,956 in the 1990s, and 937 so far in this decade—despite an increase in the number of cases brought to courts.
This is completely unverified — nothing more than total rumor. We’re in the process of following up. But we thought we’d toss it out there, to see if any of you can confirm (or deny).
This is what we’ve heard, from a little bird:
“Eric Krautheimer is probably going to be transferred to Sullivan & Cromwell’s L.A. office.”
Because Los Angeles has such different views on gay issues than New York. And out on the distant West Coast, still reachable only by Pony Express, nobody will have heard of this Aaron Charney guy.
As noted, this is UNCONFIRMED. We’ve left messages with Eric Krautheimer, S&C chairman H. Rodgin Cohen, and a firm spokesperson. We haven’t heard back from any of them. But if and when we do, you’ll be the first to know.
Do you have inside information about the truth (or lack thereof) of this item? If so, please email us (subject line: “Eric Krautheimer”). Thanks. Earlier: Prior ATL coverage of Eric Krautheimer (scroll down)
Anyone who has seen Supreme Court Justice Ruth Bader Ginsburg knows that, although she’s big on law, she’s short on physical stature. Some of the employees who work around her in the Supreme Court Building find her diminutive size rather endearing and have taken to calling her Little Tweety Bird, a moniker they use only within their small circle.
But, lest you think that Ginsburg might rule such a nickname as “out of order,” that same circle insists that it’s a kind nickname, and one meant to reflect the notion that they feel very protective of Ginsburg.
Does that make Justice Scalia into Sylvester the Cat? Probably not. Justices Scalia and Ginsburg are close personal friends. They share a love of opera, and their families sometimes spend New Year’s Eve together.
We nominate Justice Thomas for the role of Sylvester the Cat. In the 1947 cartoon Tweetie Pie, the Sylvester the Cat character went by the name “Thomas.” MEOW! A nickname for Ginsburg [Washington Examiner / Yeas and Nays]
We don’t write much about American Idol. We leave that subject to the experts, like Ann Althouse.
(You can read Professor Althouse’s take on last night’s show over here. Also, she shares our admiration for Sanjaya Malakar. Read her persuasive defense of Malakar over here.)
Today, however, we have a legal angle for writing about Idol. We have a video clip to pass along.
It’s already been nicely summarized by Vote For the Worst, a website that urges its readers to vote for the Idol that the website creators view as the least talented. So we’ll just quote from their blurb:
This is hysterical. On The O’Reilly Factor, civil litigator Danielle Aidala makes incredibly stupid arguments about how she could sue this website. The arguments are actually even stupider than the rationale from the 12 year olds who write to us, so it’s a pretty funny way to waste five minutes if you’re bored.
And here’s the video. It’s also up on YouTube, where it’s described as follows: “Danielle Aidala is a babe.”
(We agree with that sentiment — which may explain how Aidala wound up on Fox News. Fox seems to specialize in giving airtime to attractive female commentators with, umm, provocative or contrarian views.)
P.S. Danielle Aidala, in case you’re wondering, went to NYU for undergrad and Fordham for law school. Here’s her New York Times wedding announcement. She is not to be confused with Dianna Abdala, of “bla bla bla” fame.
The House Democrats just won’t leave Monica Goodling alone. Even after the Justice Department lawyer invoked the Fifth Amendment privilege, the Dems still want to have a little “conversation” with her. From the NYT:
House Democrats on Tuesday requested a private interview with an aide to Attorney General Alberto R. Gonzales who has asserted her constitutional right not to testify at a public hearing about the dismissals of United States attorneys.
Representative John Conyers Jr., a Michigan Democrat who is chairman of the House Judiciary Committee, sought the interview in a letter to a lawyer for the aide, Monica Goodling, who is on leave as the Justice Department’s liaison to the White House…. Mr. Conyers’s letter said that House lawyers wanted to question Ms. Goodling to evaluate the legality of her refusal to testify. It said she could not assert the privilege as a blanket justification not to appear.
Look, guys, she’s just not that into you. Can’t you just leave her alone? Go beat up on Kyle Sampson some more — we think he still has some lunch money left in his pockets.
(Our suspicion: Chairman Conyers wants to offer Goodling a babysitting job. ‘Cause John Conyers loves making lawyers babysit his children. He thinks the kids absorb legal knowledge by osmosis. And he’s heard about Goodling’s legendary brownies!)
Meanwhile, over at the WSJ Law Blog, Peter Lattman gets in a cheap double entendre at Monica’s expense:
Yesterday we issued a request for information about what really happened between controversial legal scholar Kiwi Camara and George Mason University School of Law. GMU was on the verge of hiring Camara, until something weird happened.
Today one of you emailed us the video clip below, and asked: “Could it be because of this video?”
Seriously, we’re pretty sure this video — a promotional spot for the debate team Camara coaches, and NOT a homemade sex video — had no impact upon Camara’s job search. But it’s still weirdly amusing. And we don’t think that Camara, of all people, should be caught on camera saying “Yo whassup!” in an accent reminiscent of the “jive talk” scene from Airplane.
From the description of the clip on Google Video: “Kiwi Camara, Mountain View/Los Altos Debate squad coach acts a little weird…”
ATL’s March Madness, our quest to crown America’s coolest law school, is entering the home stretch. Please decide which pair of law schools will emerge victorious from the Final Four: Update: The box on the left that says “undefined” used to contain the NYU-Michigan poll. To learn why the poll was pulled, click here.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.