Confirmations

‘Best court-ordered pajama party ever! Yay!’

* Our own Elie Mystal isn’t the only one who’s capable of fanning the flames of race baiting — it seems that Supreme Court justices can do it, too! We’ll probably have more on Justice Sonia Sotomayor’s benchslap later today. [The Two-Way / NPR]

* Patience is obviously one of this judge’s virtues, because this took a looooong time. After waiting more than a year for people to put their petty political pandering aside, the Senate confirmed Robert Bacharach to the Tenth Circuit. [Blog of Legal Times]

* Mary Jo White, the nominee to lead the SEC, will probably face her confirmation hearing in March. Her legal wranglings at Debevoise may be of interest to some, but really, who cares? She’s so cute and tiny! [Reuters]

* Mayer Brown and the terrible, horrible, no good, very bad year: gross revenue is up overall at most Biglaw firms, but not this one. In 2012, Mayer Brown’s revenue dipped 3.7 percent for a six-year low. [Am Law Daily]

* Kirkland & Ellis, now the fifth-largest Biglaw firm in the nation, is leading the market in terms of top dollar merger-and-acquisition deals. Now, if only the firm could get some bananas. [Crain's Chicago Business]

* Orderly liquidation authority may be a legitimate exercise of power under the Bankruptcy Clause, but as far as these states are concerned, it’s just another reason to hate the Dodd-Frank Act. [DealBook / New York Times]

* Remember Peggy Ableman, the judge who ordered lawyers to attend a course on remedial civility in their “jammies”? She’s now at McCarter & English, so mind your manners. [Thomson Reuters News & Insight]

* An “astronomically stupid” legal loophole? Unpossible! Gun trusts are seeing the limelight because Chris Dorner claims he used one to purchase his paraphernalia without a background check. [New York Times]

A future law student?

* Save for an unintelligible joke made last month, it’s been seven years since Clarence Thomas has spoken during oral arguments, much less asked a question, but with no offense to his colleagues, he’d rather “allow the advocates to advocate.” [Washington Post]

* Sorry, members of the American public, but something like 95 percent of you are too stupid to understand what’s going on during Supreme Court hearings, so there’s no point in having cameras in the courtroom to film them. (Sotomayor, J.) [New York Times]

* “Having an empty bench means people don’t get their cases heard,” but it seems like Senate Republicans could not care less. Obama’s facelift for the federal judiciary is going to have to wait a little while longer. [San Francisco Chronicle]

* A lawgasm for prestige nerds: the Harvard Law Review received federal trademark protection, and with that, the number three law school in the country gained some bragging rights over Yale. [Daily Report (reg. req.)]

* Oh my God, you guys, law school applications are down, no one can find jobs, and recent graduates are in debt up to their eyeballs. This is totally new information that no one’s heard before. [Pittsburgh Post-Gazette]

* Turning to your parents for law school advice is perhaps the worst idea in the world — after all, they’re the cause of your “special little snowflake” syndrome in the first place. [Law Admissions Lowdown / U.S. News]

* This guy could teach a master class in how to stand by your (wo)man. Mary Jo White’s husband, John White, will relinquish his equity partner status at Cravath upon her confirmation as the head of the Securities and Exchange Commission. [Am Law Daily]

* Macho, macho man: it looks like we’ll never know if Dechert actually has a “macho culture,” because the FMLA and paternity leave case that questioned the very existence of this Biglaw subculture was settled out of court. [National Law Journal]

* Why you gotta go and ruin Valentine’s Day for everyone at O’Melveny and Akin Gump? Apple’s request to speed up the Greenlight Capital case was approved, with arguments now scheduled for February 19. [CNET]

* Despite her nomination being crapped on by the Senate, Jenny Rivera, the CUNY School of Law professor, was recently confirmed as an associate judge of the New York Court of Appeals. [New York Law Journal]

* Remember the lawyer who sued Westlaw and Lexis for copyright infringement? Judge Jed Rakoff dismissed it for reasons yet to be disclosed, but probably for legal dumbassery. [Thomson Reuters News & Insight]

* “Behold, the instrument of your liberation!” Survivors of the Aurora movie massacre are being harassed by conspiracy theorists, and the DA asked the judge to scrub their names from the record. [Courthouse News]


* Justice Sotomayor’s memoir made the NYT’s best-seller list, and in terms of sales, she’s officially beating the pants off other Supreme Court justices who’ve released books of a similar nature. [WSJ Law Blog (sub. req.)]

* In case you were sleeping under a rock yesterday when this happened, John Kerry was confirmed by the Senate as secretary of state. Don’t think we’ll be getting a Texts From John Tumblr, though. [New York Times]

* Despite having a “pretty spectacular” year, Blank Rome’s legal secretaries may soon find themselves blankly roaming in search of new employment. Better hurry up, the buyout offer expires on Friday! [Legal Intelligencer]

* Straight up now tell me, do you really wanna sue me forever? Corey Clark once claimed he had an affair with American Idol judge Paula Abdul, and now he claims MoFo and Gibson Dunn defamed him. [Am Law Daily]

* In this round of musical chairs, we learn that Orrick hoovered up three energy and project finance partners from Bingham, one of whom will co-chair the firm’s U.S. energy group. [Thomson Reuters News & Insight]

* Remember the Zumba prostitution ring? Now we know you can’t be prosecuted for secretly filming Johns in the act in Maine, because there’s no expectation of privacy in “bordellos, whorehouses, and the like.” [Wired]

* Energy drink makers are facing class action suits over claims made about their products. Fine, Red Bull may not give you wings, but it tastes like piss, and that’s gotta count for something, dammit. [National Law Journal]

* Much like herpes, Lindsay Lohan’s legal drama is the gift that just keeps on giving. Her longtime lawyer Shawn Holley wants out, and her new lawyer, Mark Heller, isn’t even licensed to practice in California. [CNN]

* While Chief Justice of the United States John Roberts made a plea to keep funding for the federal judiciary intact, we learned that student loan default cases have fallen since 2011. You really gotta love that income-based repayment. [WSJ Law Blog (sub. req.)]

* Introducing the Asia 50, a list of the largest firms in the Asia-Pacific region. When it comes to the firms with the biggest footprints, only one American Biglaw shop made the cut. Go ahead and take a wild guess on which one it was. [Asian Lawyer]

* Congratulations are in order, because after almost a year of stalling, Arnold & Porter partner William Baer was finally confirmed by the Senate as the chief of the Department of Justice’s Antitrust Division. [Bloomberg]

* Our elected officials might not have allowed the country to fall off the fiscal cliff, but the American Invents Act was put on hold, so if you’re a patent nerd, you can still be mad about something. [National Law Journal]

* Remember when Rutgers-Camden Law said “many top students” were making bank after graduation? Yeah, about that: Law School Transparency just filed an ABA complaint. [Thomson Reuters News & Insight]

* Here are some law school trends to look out for in 2013. FYI, the applicant pool is smaller because no one wants to foolishly gamble on their careers anymore. [Law Admissions Lowdown / U.S. News & World Report]

* In the latest NYC subway shoving death, a woman was charged with second-degree murder as a hate crime, and allegedly bragged about other hate crimes she’s committed to police. Lovely. [New York Times]

* Next time you’re trapped on a plane that’s literally filled with other people’s crap for 11 hours, don’t bother suing over your hellish experience — you’re going to be preempted by federal law. [New York Law Journal]

* Justice Sonia Sotomayor just ruined Hobby Lobby’s new year by refusing to block the Affordable Care Act’s contraceptives mandate. All of the members of the company’s legal team will have to scrapbook and crochet for hours to get over this loss. [Reuters]

* Harvard Law graduate Barack Obama is being feted as CNN’s “Most Intriguing Person of 2012,” but he’s currently trailing in fourth place in the most important year-end poll of all: Above the Law’s Lawyer of the Year competition. Get out there and vote! [CNN]

* Federal district court judges aren’t being confirmed as quickly as they once were, and it’s partly because our president isn’t submitting nominees as quickly as those who came before him. [WSJ Law Blog (sub. req.)]

* But even if the president nominated judges more quickly, he’d continue to face harsh opposition from the NRA, which matters because the gun group has an entire party in its pocket. [Opinionator / New York Times]

* A legal problem and a journalism problem wrapped up in a little pretty bow: David Gregory of NBC’s “Meet the Press” is being investigated for displaying an alleged 30-round magazine on the air. [Washington Post]

* One of New York’s most prestigious private schools agreed to settle the sex abuse suit brought against it by former students. Simpson Thacher partner Phil Culhane must be doing a victory dance. [New York Daily News]

* You got a fast car, and now this case will pay all our bills. Toyota settled a class action suit over unintended acceleration, and it’s touted as one of the largest product-liability settlements in history. [New York Times]

* Ay dios mio! You know that you’re never going to enjoy another vacation when you catch a hotel employee spreading his seed all over your clothes. But what did you expect? It’s Mexico. [Courthouse News Service]

* Politicians are barred from speaking at this year’s memorial ceremony at Ground Zero, but will this ever be a day without politics? That still remains to be seen, but it will always be a day of remembrance. Never forget. [ABC News]

* What could possibly be more important than a resolution in the South Carolina voter ID case? Prejudice by font size. The Department of Justice is arguing over the alleged 12-point font size used by the state in a brief. Yes, seriously. [National Law Journal]

* Stephanie Rose was confirmed by the Senate as the first female federal judge in Iowa’s Southern District by a margin of 89-1. Damn, the one guy who voted against her better have a good reason. [Des Moines Register]

* “[He's] still trying to exculpate himself from one of the biggest blunders in the history of jurisprudence.” O.J.’s Dream Team denied allegations that Johnnie Cochran tampered with the bloody glove. [Los Angeles Times]

* Shepard Fairey, the artist who created the Obama “Hope” poster — you know, the one that Paul Ryan says is fading on your wall — has been sentenced to two years’ probation for tampering with evidence. [CNN]

* What are some of the advantages of applying to law school on an early decision basis? If anything at all, you’ll find out earlier that you won’t be getting any scholarship money. [Law Admissions Lowdown / U.S. News]

Justice Elena Kagan

Sounds like a dumb law.

– Supreme Court Justice Elena Kagan, commenting during her confirmation hearings on Senator Tom Coburn’s attempt to compare the Affordable Care Act to a hypothetical law requiring consumption of fruits and vegetables.

(Senator Coburn wondered if such a law would violate the Commerce Clause. In response, Kagan noted that “whether it’s a dumb law is different from … the question of whether it’s constitutional.”)

halloween pumpkin.jpgWe hope that you’ve recovered from any Halloween festivities you attended last night. For those of you who took your children trick-or-treating, we hope the kids have come down from their sugar highs.
We didn’t receive much in response to our request for funny, law-related Halloween stories. But we can offer you a few random links (some Halloween-related, and some not):
* Check out Denise Howell’s frighteningly witty, delightfully seasonal Blawg Review. [Bag and Baggage, via Blawg Review]
*A little bit of Halloween “issue spotting.” Yes, T-Ping your neighbor’s mailbox could get you in trouble. [WSJ Law Blog]
* More Halloween “issue spotting” — with some not-so-veiled lawyer advertising thrown in. [Animal New York]
* Costumes: they’re not just for kids anymore. In this case, the government has filed a motion for its witnesses to wear “light disguises.” [Southern District of Florida Blog]
* Something sure to strike fear in the hearts of the Elect: You can clerk on the Supreme Court, build a career as a successful litigator, make partner at a top law firm in your state, and STILL be declared “unqualified” for the federal bench. BOO!!! [Mississippi Sun-Herald via How Appealing]
* Something sure to strike fear in the hearts of conservatives: A new law review for the legal left. [Harvard Law & Policy Review]
* Not explicitly Halloween-themed, but scary. [Craigslist]
* Very scary: the childlike font the Fifth Circuit employs for its captions. It makes you want to ask the Clerk of Court if he was happy with last night’s candy haul. Oh, and the opinion is interesting too. [Fifth Circuit (PDF) via How Appealing]
Earlier: A Happy Halloween from ATL

ken wainstein kenneth wainstein kenneth l wainstein.jpgOkay, so he’s no Alice Fisher — the ball-busting, badass blonde, recently confirmed to head the DOJ’s Criminal Division, who has white-collar criminals shaking in their boots. But he’s still a highly regarded attorney — and pretty cute, too.
So ATL sends its congratulations to Kenneth L. Wainstein, just confirmed by the Senate as assistant attorney general for the Department’s brand-new National Security Division (NSD). Previously Wainstein served as U.S. Attorney for the District of Columbia.
The Wall Street Journal — which criticized the Democrats for holding up Wainstein’s nomination 4-evah — describes Ken Wainstein’s new job as follows:

Mr. Wainstein is waiting to fill a new post recommended in last year’s Robb-Silberman report to further break down the “wall” between intelligence and law enforcement. The new post would bring Justice’s counterespionage, counterintelligence and wiretapping units under one Assistant AG. Mr. Wainstein would also be the law enforcement world’s primary liaison with the intelligence community.

President Bush approved the change, Congress authorized it while renewing the Patriot Act earlier this year, and Mr. Wainstein’s offices are humming with computers. All that’s missing is a leader.

Letting Wainstein go through was a smart move for the Democrats. We’re no political strategists, but we do know this much: With an election just a few weeks away, it’s unwise for the Democrats to hold up the nomination of someone with the words “National Security” in his title.
Wainstein, by the way, is putting together a real A-team of legal talent over at the NSD, including several members of the Elect. As we previously reported, one of them is conservative legal superstar Brett Gerry — the Silbermaniac and former Kennedy clerk, who was associate general counsel to the Robb-Silberman commission. Also onboard: John Demers (O’Scannlain/Scalia), the affable legal genius who previously did a tour of duty with the Office of Legal Counsel (which works on many national security issues).
So congrats again to Ken Wainstein. And best of luck to his band of brainiacs, as they tackle some of the toughest issues facing our nation.
Kenneth Wainstein bio [WhiteHouse.gov]
Gonzales Statement on Confirmation of Ken Wainstein as Assistant Attorney General for National Security Division [DOJ Press Release]
Security Holdup [Wall Street Journal (subscription)]
Earlier: Congratulations to Alice Fisher!
The White House Counsel’s Office: Here Comes the Cavalry

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