Justice Alito is going to the State of the Union this year? Not true, not true!
Tomorrow night, many of us will tune in to President Barack Obama’s State of the Union address — hoping to catch more catfighting than on an episode of Jersey Shore.
Last year’s SOTU did not disappoint drama-seekers. As you may recall, an Article II vs. Article III smackdown took place: President Obama chided the Supreme Court for its Citizens United decision, with six members of the Court sitting a stone’s throw away from him, and Justice Samuel Alito responded by mouthing “not true” at the POTUS.
(Speaking of Citizens United, the decision celebrated its one-year anniversary last week, on January 21. And as Josh Blackman notes, the world has not come to an end, contrary to the dire predictions of distraught liberals. Of course, experts in this area — including some Obama-supporting liberals — told us that Citizens United wasn’t that big a deal.)
Thanks to last year’s juicy Obama v. Alito showdown, numerouscommentatorshave wondered: Will Supreme Court justices attend the State of the Union this year? If so, which ones?
Judge Henry E. Hudson (E.D. Va.) just struck down a key provision of President Barack Obama’s signature health care reform law — namely, the requirement that most Americans obtain health insurance. Judge Hudson held that the insurance mandate exceeds Congress’s authority under the Commerce Clause. Links to coverage are collected below; Judge Hudson’s 42-page opinion is available here (PDF, via Dahlia Lithwick).
* Elizabeth Edwards has passed away, R.I.P. (Wait, John and Rielle — too soon, too soon.) [WRAL]
* During the New York Attorney General Debate, I predicted that Eric Dinallo would make a good partner at Debevoise & Plimpton. He just seemed so “nice.” Well, turns out I was spot on: Dinallo and Debevoise are a match made in nice people heaven. [Am Law Daily]
* Now that Charlie Rangel has been told he’s a naughty boy, can we get back to the whackjob known as Maxine Waters? [Dealbreaker]
* What it’s like to be addicted to M&A transactions, from the perspective of a retired Skadden partner. [Deal Journal]
* No Drama Obama gets a little bit feisty when defending his decision to extend the Bush tax cuts. In the words of Nice Guy Eddie: “You beat on this prick enough, he’ll tell you he started the Chicago fire. That don’t necessarily make it f**kin’ so.” [Business Insider]
* Back in the day, video could help the wrongly accused, just like DNA helps now. [DNAinfo]
If you’ve been following along with the trend towards outsourcing over the past few years, you know what American lawyers are up against. Indian lawyers can do American legal work… while American attorneys are shut out of India’s (large and growing) legal market.
As many of you know, President Obama recently fledtraveled to India, and ABA president Stephen N. Zack is begging Obama to use his international goodwill to convince India to stop acting like dicks in an exclusionary fashion with respect to American lawyers and law firms.
Zack’s arguments are simple ones, based on sound business practices, free trade, and fundamental fairness. Yet these arguments haven’t worked on Indian legal authorities, and apparently Obama isn’t any more receptive…
The Verrazano Bridge to Staten Island -- the orignal "bridge to nowhere."
Don’t you hate it when rich people try to welsh on a bet? British billionaire Alki David dared somebody to streak — that means “running while naked and probably drunk,” if you’ve never been to college — in front of President Obama. Alki said he’d give the person who streaked in front of the president, with the name of Alki’s website emblazoned on his or her body, the tidy sum of $1 million.
Somebody from Staten Island (why am I not surprised) performed the feat (or substantially attempted to perform the feat) during an Obama event in Pennsylvania. Now Alki is considering hiding behind the law to avoid payment.
This must be how rich people get rich: make outlandish promises, then use fancy law talk to avoid payment…
Yesterday President Obama held a town hall meeting with those affected by the terrible economy. But the New York Times reports that the televised meeting “turned into a therapy session for disillusioned Obama supporters.”
A lawyer was among the disillusioned. Thanks to his question, Obama is now on notice that student debt is crushing the hope and change out of many people in this country. Here’s the Washington Post’s summary:
Then a 30-year-old law school graduate said he’s no longer able to make the interest payments on his educational loans, much less able to have a mortgage or a family. He said he had been inspired by Obama’s campaign. But now, “that inspiration is dying away,” he said. “I really want to know: Is the American dream dead?
If Bill Clinton had been asked that question, he would have said “I feel your pain,” molested the questioner, and said “I will not, let, student debt continue to bang you in the ass.”
So what did President Obama say to the debt-laden lawyer?
Not many people are happy about the massive BP oil spill in the Gulf of Mexico — with the possible exceptions of (1) Elena Kagan, whose confirmation to the Supreme Court is all but guaranteed (since everyone’s too distracted to oppose her); (2) the lawyers who are getting work out of this disaster (as discussed below); and (3) whoever is behind the fake BP Twitter account, which currently has over 167,000 followers.
But today brings some news that might make some people a little less angry at BP. Even though the government probably couldn’t have forced the oil giant to set up a $20 billion fund to pay oil spill claims, for the reasons explained by Professor David Zaring, BP is setting up such a fund voluntarily. The New York Times reports:
The White House and BP agreed on Wednesday that the oil giant would create an independent $20 billion fund to pay claims arising from the worst oil spill in American history.
Bowing to pressure from the Obama administration, the company also said it would suspend paying dividends to its shareholders for the rest of the year and would compensate oil field workers for lost wages.
There are actually several legal angles to the BP drama. For example, who will administer this massive fund? And which firms are getting a piece of all the defense-side action?
Everywhere you go, people are buzzing that President Barack Obama has made his choice on the replacement for Justice John Paul Stevens. And the consensus is that the nominee will be Solicitor General Elena Kagan. Politico reports that David, Kash and I will be up late on Sunday:
Look for President Obama to name his Supreme Court pick Monday, and look for it to be Solicitor General Elena Kagan, a former Harvard Law dean. The pick isn’t official, but top White House aides will be shocked if it’s otherwise… The West Wing may leak the pick to AP’s Ben Feller on the later side Sunday, then confirm it for others for morning editions. For now, aides say POTUS hasn’t decided, to their knowledge.
With all the talk about the razor-sharp Judge Diane Wood, the case for the bearded dark-horse Judge Sidney Thomas, and the Republican wet dream (at least, a wet dream within the nightmare of Democratic control) of Judge Merrick Garland, it’s possible that Kagan’s sterling qualifications have been overlooked. She was the front runner, after all.
But let’s remember all of the excellent reasons Kagan was the front runner in the first place…
Now that President Obama has interviewed the four finalists for the U.S. Supreme Court seat he has to fill — Judge Merrick Garland (D.C. Cir.), Solicitor General Elena Kagan, Judge Sidney Thomas (9th Cir.), and Judge Diane Wood (7th Cir) — the nominee could be announced any day now. Who will it be?
We realize that the betting men (and women) favor Solicitor General Elena Kagan. Kagan is also the pick of Tom Goldstein, the veteran Supreme Court litigator and founder of SCOTUSblog, who correctly forecast the nomination of Sonia Sotomayor (a nomination that the White House sought his counsel on).
But we’re going to go out on a limb and make a crazy prediction: President Obama is going to nominate Judge Diane Wood, of the Seventh Circuit, to the Supreme Court. He’ll announce the nomination on Monday, May 10 — the Monday after Mother’s Day. (That’s significant, for reasons we’ll get to later.)
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: