* As the World Series draws to a close, be sure to salute Miami-based lawyer Laurence Leavy, who will be sitting front and center behind home plate tonight wearing a garish Miami Marlins jersey. Troll so hard, buddy! [CBS Sports]
* Speaking of the World Series: Do you think you know the law? How about baseball? Here’s a Law and Baseball trivia competition in the form of a crossword. Act fast because the first one with a completed entry is declared the winner. [Dewey B Strategic]
* Thomas Jefferson School of Law restructures its debt and manages to stay alive! Oh happy day! [TaxProfBlog]
* Selling yourself is important, but NOT selling yourself may be more powerful. [Law and More]
* I suppose it shouldn’t be surprising, but there’s a hefty hiring and pay gap between the sexes in the expert witness industry. [The Expert Institute]
* Donald Trump’s “Trump University” can add “RICO defendant” to its list of accomplishments after a federal judge grants class certifications to students suing the school. [Law 360]
* A discussion of the lack of diversity on the Court cites our list of Supreme Court clerks and notes that Justice Clarence Thomas practices what he preaches about expanding opportunity beyond Harvard and Yale. [Los Angeles Times]
* Elie joined Daniel Gershburg on his podcast to discuss legal education, Vegas, and the phenomenon of Walmart Law, Inc. Podcast embedded below…. [I Am The Law Podcast]
Derek Jeter is retiring. If you follow sports, you know that one of the most overrated players in history is calling it quits. If you don’t follow sports, you probably also know this.
A few days ago, Jeter hit a foul ball (he has problems hitting balls in play at this point). Blue Jays third baseman Danny Valencia threw the ball to a dad, who gave it to his daughter, who promptly threw the ball back because little kids like to throw things.
UPDATE (9/25/2014, 4:56 p.m.): The embed appears to be broken. We will continue to try and fix it. In the meantime, the video is available here:
Barry Bonds was convicted of obstruction of justice for giving non-responsive answers to questions in a grand jury. As Judge Fletcher told the government in the oral argument in the 9th Circuit en banc challenge to his conviction, “I find your reading of the [obstruction of justice] statute absolutely alarming.” And for good reason — Judge Fletcher thinks that the government’s interpretation of obstruction of justice would mean that most civil lawyers are felons.
There are a lot of ways to violate federal laws that are related to obstruction of justice. You can lie to a federal agent who is coming to your house to interview you and violate 18 U.S.C. § 1001. You can commit perjury under 18 U.S.C. § 1621. And there are a host of other false statement statutes specific to other regulatory schemes (like false statements in connection with a tax filing, or a health care request for payment, etc.).
All of those laws, though, require that the person who is being prosecuted make a false statement.
Obstruction of justice is different. Instead of having concrete elements like “making a false statement”, obstruction of justice criminalizes willfully “obstruct[ing], imped[ing], or interfer[ing] with” whatever is being allegedly obstructed.
Here, Barry Bonds didn’t make a false statement. Instead, he gave an answer that was non-responsive. The government’s theory was that Barry Bonds didn’t give a responsive answer to a question in order to throw the government off (because, apparently, having the temerity to force an AUSA to listen to questions in a grand jury and ask a follow-up question is the kind of thing that ought to brand you a felon).
And that was “obstructing” the federal law enforcement apparatus.
There are a lot of things wrong with this prosecution. The one I want to focus on is the lengths the federal government will go to in order to protect AUSAs from having to do the same basic work that the rest of the legal community does routinely.
Note that Mr. & Mrs. Met have an old-fashioned, traditional marriage just like the front office wants.
Mets. Incompetent? Sexist? Both?
These are the questions asked in a new lawsuit filed yesterday in the Eastern District of New York. In fairness, the first question shouldn’t really be a question assuming a passing understanding of baseball since, say, 1986. I guess there was the year that the NL sent them up to get hammered into submission by the Yankees (who let them win a game!), but no one writes epic songs about cannon fodder. If you haven’t been following the ongoing train wreck of the damned that is the New York Mets, don’t fret, this new complaint can bring you up to speed.
Because the best part of the complaint is its blistering account of just how bad the Mets are at the whole “baseball” thing.
A former Mets executive, Leigh Castergine, is suing the Mets and Jeff Wilpon, the Chief Operating Officer for discrimination, retaliation, and a violation of the Family and Medical Leave Act. Castergine was charged with boosting ticket sales, so a substantial question surrounding her dismissal will be whether she was a failure at her job or whether she was set up to fail.
It’s not shocking to believe that any obstacles she encountered stemmed from incompetence in the front office and on the field.
What is shocking are the allegations detailing the verbal and emotional abuse Castergine took from Wilpon and those acting under his management….
* Robert Manfred Jr., formerly a partner of Morgan Lewis & Bockius, is now the commissioner of Major League Baseball, and he beat out another former Biglaw buddy from Kelley Drye & Warren to snag the job. [Am Law Daily]
* “My past is littered with the bones of men who were foolish enough to think I was someone they could sleep on.” Michele Roberts is the first lady to lead the NBAPU, and you don’t want to mess with her. [New York Times]
* In case you haven’t heard by now, Governor Rick Perry was indicted on Friday on felony charges of abusing his power in office. Aww, poor guy. Not for nothing, but we can’t wait to see his mug shot. [New York Times]
* Quinnipiac Law has a new building that cost $50 million, and it’s designed to hold between 400 and 500 students. With only 292 students currently enrolled, that’s a lot of wishful thinking. [New Haven Register]
* “This is a lawsuit against the lawyers for being lawyers, for doing what lawyers do.” It also seems to be a lawsuit that’s allegedly about sex, lies, illegal video tapes… and Waffle House. [Daily Report (reg. req.)]
* Suit filed questioning the parentage of Blue Ivy Carter. Plaintiff claims to be the real… mother? Hm. You’d think that would be pretty easy for everyone to remember. [International Business Times]
* The Washington D.C.-area NFL team has filed suit to get its trademark back. They think the USPTO are Indian Givers. [DCist]
* The ACLU is asking courts to define “freedom of the press” in the wake of Ferguson. I understand their impulse, I just don’t think they’re gonna like the answer. [Fox2Now]
* A 71-year-old lawyer allegedly called two escorts over to his house and they asked for more money. Even for rich lawyers it’s the principle of the thing. [South Florida Lawyers]
* Sad to see Professor Larry Tribe join the “let’s blame the teachers instead of funding public schools” parade. But now that he’s become a high-profile supporter of ending tenure for those teaching the young, perhaps he’ll renounce his own tenure. Or at least fight to revoke it from all his colleagues. [National Law Journal]
* A Colombian lawyer is suing FIFA for $1.3 billion over bad officiating. Of all the things FIFA deserves to get sued over, this isn’t making the list. [Washington Post]
* Congratulations to Rob Manfred, a Harvard Law grad formerly of Morgan Lewis, on his promotion to MLB Commissioner. He will continue the proud tradition of keeping us bored all summer long while we wait for football to come back. [New York Times]
* New lawsuit says Google kept records of plans to infringe intellectual property… on Post-Its. Unwise. Office supplies are for back-to-school shopping, not writing down wrongful acts. [Valleywag]
* If you’re a current 3L or a law grad about to come off a clerkship, NOAA has a job opportunity for you. Imagine how exciting it will be when the next Sharknado happens! [USAJobs via NOAA]
* 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]
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
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.