* Mayer Brown wants you to think the Supreme Court wasn’t tilted toward business interests this Term. Yes, we all know how Homer City turned out, but maybe it’s worth evaluating this based on how important the cases were. Is Petrella really equivalent to Noel Canning? [Mayer Brown]
* Not one, but two former Utah Attorneys General charged with corruption. [Deseret News]
* The CFPB brought suit against a debt collection lawsuit mill. A working CFPB. One more great thing we used to get from recess appointments. Thanks Breyer. [CFPB]
* Oh no. A law school tuition Kickstarter. [Kickstarter]
* New York tried to help homeowners facing foreclosure. Unfortunately, the law didn’t create a remedy if the banks refused to follow the law. Well, it was our fault for thinking Albany could do something right. [WiseLaw NY]
It’s difficult to imagine singles anywhere checking out a dating profile and getting excited to see the word “lawyer.” There’s just something about argumentative, Type A personalities who nonetheless weren’t smart enough to realize there was more money in finance that really kills the mood.
And yet, according to the largest dating website in Australia, with over 2 million users, a lawyer is the most desirable woman in the country — her oft-clicked profile ranks #1 among women on the site. She gets around 30 “kisses” — the website’s version of “winks” or “pokes” or “pelvic thrusts” (I think that’s eHarmony’s) — from random strangers every day.
Either Australia is a weird country or she has a lot more going for her….
* After losing before the Supreme Court, the University of Texas affirmative action admissions program looked to be in serious trouble. But the Fifth Circuit just ruled that the UT policy met the strict-scrutiny analysis mandated by the Court. The lesson for Abigail Fisher is once more, “How about you get better grades instead of whining?” Or at least “Get politically connected.” [Chronicle of Higher Education]
* Apple agrees to a conditional $450 million settlement with the NYAG’s office in the e-book suit. So you might get some money back from the 50 Shades of Grey purchase. [Reuters]
* The Manassas city police have decided not to engage in kiddie porn pursuant to a warrant. Good for them. [Washington Post]
* “Judges are not deities. They are humans.” Let’s not tell Lat, the shock might kill him. [Katz Justice]
* The hell? Parents arrested for letting their 9-year-old go to the park alone? Suffocating parenting is bad enough without the government expecting it of parents. [Slate]
* CPAs are suing the IRS because the regulation of tax preparers lacks Congressional approval. Because we need more folks off the street claiming to be tax preparers. [TaxProf Blog]
* Lawyer and former South Carolina GOP executive director Todd Kincannon is under investigation by the South Carolina Office of Disciplinary Counsel for basically being a dick on Twitter. As Ken White notes, the First Amendment is all about giving guys like this a forum. [Slate]
* Chris Kluwe intends to sue the Minnesota Vikings. He has a good chance because the Vikings can’t beat anybody. [Sports Illustrated]
* Judge Judy is suing a lawyer over advertisements. [ABA Journal]
* A-Rod is being sued by his lawyer for $380,000 in unpaid bills. Life’s hard for multimillionaires when the income stream is temporarily suspended. [NY Daily News]
* Breaking up is hard to do. But it doesn’t have to be difficult to dissolve a law firm ethically if you follow this advice. Dewey know anyone who could have used this advice earlier? [Legal Talk Network]
Insider trading is one of those activities that you should avoid. If you’re a lawyer, it’s an activity you should definitely avoid. It’s not really all that hard to steer clear of insider trading either. Obviously there are some murky cases, but it’s wise to err on the side of caution.
On the other hand, there are also cases where the SEC says a close friend of a company’s executive is emailing you and telling you which days to buy because “[e]arnings are being released on the 30th along with some good news,” and “[l]ooking forward to getting paid back. Good luck…. SHHHHHHHHHHHHH!!!!!!!!!!!!!!!!!!” Those are the cases where you probably should walk away.
Put aside the insider trading: what lawyer is using email to have these conversations?
* Man claims his former employer discriminated against him because he was an atheist. Yep, this Hobby Lobby thing isn’t going to have any repercussions at all. [Lewiston-Auburn Sun Journal]
* Speaking of atheists and SCOTUS, the Court may have authorized the Town of Greece to get all religiousy at town board meetings, but an atheist is stepping up to the plate to deliver an invocation. Freedom of religion does mean he gets a turn. [Rochester Homepage]
* There’s an icky sexual harassment story coming out of an elite L.A. school. And they’ve hired an elite law firm to investigate. [Gawker]
* Cops do hear some pretty funny stories when they pull people over. [Legal Juice]
* If you’re out of work, here’s an idea: this solicitor-to-be posted a selfie with a pigeon on Facebook and got an offer — along with a lot of publicity. [Legal Cheek]
* Is the future of legal education online? Perhaps the better question is, “How will law schools overcharge when they no longer have brick-and-mortar facilities?” [Tipping the Scales]
* A judge explains that incest and pedophilia aren’t such big deals anymore because gay people are accepted. Wow. [Jezebel]
* Are you keeping up with Kirby v. Marvel? Because Jack Kirby’s estate is making a run at the Supreme Court in a case that affects billions. Embed below… [Bloomberg]
Nine days ago, Judge Richard Kopf wrote an article about the Supreme Court’s decision in Hobby Lobby that suggested, “[a]s the kids say, it is time for the Court to stfu.” It was a good post, but something that seemed of such little controversy that we relegated it to an in-blurb mention within Non-Sequiturs.
And then all manner of shock and hand-wringing commenced.
It’s not the first time a federal judge received criticism for speaking out. Are jurists like Judge Kopf out of control?
– Justice Antonin Scalia, when asked to compare his judicial philosophy to that of Justice Clarence Thomas. The story comes to us from an anecdote told by Jeffrey Toobin a couple years ago that is now available on video.
(Do you want to see the video? Of course you do. It’s beyond the jump…)
Litigators can fall victim to their own imaginations. It’s really built into the system when they’re encouraged to write their exhaustive wishlists during discovery and fill their own dreams with visions of terabytes of entirely incriminating evidence. When discovery inevitably fails to live up to those dreams, litigators have to make a decision between accepting disappointment or accusing the other side of wrongdoing for failing to fulfill those sugarplum visions. Litigators are basically Captain Hindsight, constantly shocked — SHOCKED — that no one understood years ago how important something would be to a case today.
Kirkland & Ellis chose the latter, writing counsel for a non-party — yes, a non-party — suggesting that he was withholding evidence because he hadn’t kept every single email they thought he might have from four years — yep, four years — earlier.
And then this guy’s lawyer went brutally funny on them….
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 seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
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