* It’s just business as usual: Amid accusations of liberal court-packing, D.C. Circuit nominee Nina Pillard faced questions on abortion and religion during her testimony before the Senate Judiciary Committee. [USA Today]
* Biglaw isn’t as dead as we’ve been told and made to believe. Some of the largest firms are actually doing quite well, says American Lawyer’s editor-in-chief, who’d like her job to retain some meaning for now. [Am Law Daily]
* Fried Frank knew that it’d take a banker to pull the firm from its monetary funk, so it picked up David Greenwald, deputy general counsel of Goldman Sachs, to act as co-chair through 2015. [New York Law Journal]
* With the change in SEC policy, from allowing companies to use neither-admit-nor-deny language, to forcing them to admit guilt in “egregious” cases, lawyers may soon be very busy. [Corporate Counsel]
* Raj Rajaratnam is a firm believer in the “three strikes and you’re out” theory of law. A month after the Second Circuit affirmed his insider trading conviction, he’s asking for a rehearing en banc. [Bloomberg]
* The D.C. Circuit has banned the import of Sodium Thiopental, putting a crimp in the plans of any state looking to administer lethal injections. This is where Delaware has it right… no one is going to outlaw rope. [The Volokh Conspiracy]
* Steve Cohen didn’t read 89 percent of his emails. In his defense, “I think I’m guilty of insider trading” and “I am a Nigerian Prince” are probably both getting caught by the spam filter. [DealBreaker]
* “Just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, “the state-law shoe” has now dropped in Ohio.” [USA Today]
* Wire Lawyer is running a competition among law school alumni to see which schools are the most technologically progressive. What do you know, people from Seattle and California are winning a technology competition. [Wire Lawyer]
* Hall of Famers Art Monk and Darrell Green have joined the movement to get Washington to stop using the ‘Redskins’ name. [ESPN]
* Akin Gump partner Patricia Millett is willing to take a whopping pay cut to serve on the D.C. Circuit — from $1MM to $184K — and for that alone she should be confirmed ASAP. [National Law Journal]
* With the number of law firm mergers in the last six months alone, we’re on a “potentially record-setting pace” for 2013. Hey, look at it this way: it’s cheaper than hiring and firing laterals. [Am Law Daily]
* According to the Bureau of Labor Statistics, in June, the legal industry lost more jobs than it has in a single month since June 2011. Congrats, Class of 2013! welcome to the real world. [Am Law Daily]
* In its defense, Standard & Poor’s claims its ratings were puffery, and that no reasonable investor would rely on them. Aww, poor widdle “sophisticated consumers of [investment information].” [Bloomberg]
* For those of you practicing personal injury law in New York, this case is a bombshell. If you want to put the whole insurance industry on trial, follow the action here. [New York Personal Injury Law Blog]
* Sarah Jones, the ex-cheerleader who sued TheDirty.com for defamation, was back in federal court yesterday for the beginning of her case’s retrial. What a way to start an engagement. [ABC News]
* Meow! An ethics complaint has been filed against Judge Edith Jones, the judicial diva herself, over insensitive comments about race and the death penalty that she made at Penn Law. [San Antonio Express-News]
* In the pissing contest over judicial confirmations, it’s fair to say that Obama’s recent nominees to the D.C. Circuit won’t receive a hearing, much less be confirmed, any time soon. [WSJ Law Blog (sub. req.)]
* Nobody likes patent trolls, not even the president. Obama went on the offensive yesterday, promising to curb unwarranted intellectual property litigation filed by pesky profiteers. [Thomson Reuters News & Insight]
* Speaking of patents, there’s a new exchange being formed for public trading rights. Please welcome the Intellectual Property Exchange International, the first exchange platform of its kind. IP: so hot right now. [DealBook / New York Times]
* After a review of evidence that Colorado movie theater shooting suspect James Holmes was whacked out of his mind at the time of the shooting, he was allowed to enter an insanity plea. [Bloomberg]
* The judge in the Oscar Pistorius case has adjourned the track star’s legal proceedings until August on account of a “trial by media.” We’ll probably continue to speculate about it until then. [New York Times]
* A woman is suing because she got her ass kicked by a gang of hookers at a Florida hotel. She claims the prostitutes thought she was infringing on their territory. Nope — she’s just a Jersey girl. [Fox News]
* Because the Senate doesn’t work properly when it comes to doing things efficiently, Obama will nominate three candidates for the D.C. Circuit. The outrage! The horror! The court-packing! [Legal Times]
* Howrey going to sue everyone in time to meet this bankruptcy deadline? When you’ve only got a few days left before the statute of limitations expires, you file up to 33 suits per day. [Am Law Daily]
* Attack of the lawyer glut! If you’re a recent law school grad who’s still unemployed, chances are high that this chart detailing the ratio of lawyers to job openings will make you shed a tear. [The Atlantic]
* Tey Tsun Hang, the law professor convicted on corruption charges after having an affair with a student, is heading to jail for five months. Giving out all of that extra credit wasn’t worth it after all. [Bloomberg]
* Nidal Hasan, the accused Fort Hood shooter, will be representing himself in his murder trial. He’ll use a “defense of others” argument, which seems obtuse given the nature of the crime. [Huffington Post]
* Bradley Manning’s court-martial began with a bang, with the prosecution arguing that the young intelligence analyst put lives at risk, while his own attorney called him a “humanist.” [New York Times]
* Jill Kelley, the woman who helped bring about the downfall of General David Petraeus by exposing his affair, has filed a lawsuit against government officials alleging privacy violations of all things. [USA Today]
[UPDATE: You know how you can get people to read your post -- put the wrong date on it. Now updated to June]
* Slave law is still considered “good law” by the courts? Originalism is alive and well! [Post & Found]
* For the first time ever, the Washington Post’s scavenger hunt/riddle/prove how pretentious we are competition was won by a single individual. Congratulations to Sullivan and Cromwell’s Sean Memon, an ’08 Duke grad, who prevailed after figuring out that nothing was happening. That makes sense when you read the article. [Constitutional Daily]
* Here’s an argument against affirmative action based on the premise that black people at the barest of margins may be hindered by having too good of a résumé. This is, well, wrong, but much more intellectual than the arguments against affirmative action advanced by the Chief Justice. [Ramblings on Appeal]
* A San Diego lawyer is seeking a young attorney in L.A. to work for slightly more than peanuts. But the requirements are entertaining, like confidence that “you are going to be the next F. Lee Baily or Johnny Cochran.” The poster is also an “elderly gay man (late 50′s).” Is that really elderly anymore? [Craigslist]
The appellate court facing the most complex workload in the country is also tiny and overworked. Only the First Circuit has fewer active slots, and with three vacancies, the D.C. Circuit has fewer judges than its sibling courts with 11 active judges.
So it should come as no surprise that some senators are actively trying to shrink the D.C. Circuit.
The crux of their beef is that actually filling the three vacancies on the court would constitute court packing, because no one on the Hill has bothered to pick up an AP U.S. History textbook and figure out what “court packing” means.
But when you strip away the partisan stupidity and actually look at the numbers, there’s a really good argument in favor of “court packing” because this Circuit could use an extra judge or two…
* “I don’t know whether the Lord Himself could get confirmed at this point.” It looks like poor Attorney General Eric Holder doesn’t have very many people left to turn to thanks to executive and congressional inaction. [Bloomberg]
* When it comes to recent diversity efforts in Biglaw there’s an ebb, but not really a flow, and it’s all being blamed on the recession. Also, “diversity fatigue” is apparently a thing now. [New York Times]
* The $200 million gender discrimination suit filed against Greenberg Traurig over the firm’s alleged “old boys club” has been settled for an undisclosed amount. You go girl! [Thomson Reuters News & Insight]
* According to Judge Murray Snow, Arizona’s most beloved sheriff, Joe Arpaio, has been violating the constitutional rights of all of the Latinos whom he supposedly “hadn’t” been racially profiling. [Reuters]
* My, how things change: David Blankenhorn, a man who once testified as an expert witness in support of Proposition 8 at trial, has come forward to condemn anti-marriage equality laws. [Los Angeles Times]
* Law schools tend to be “bastions of liberalism,” which makes it hard for students to find intellectual diversity. It’s a good thing we’ve got the Federalist Society to balance things out. [Washington Times]
* People who think Washington needs another law school propose one for students “who can’t afford to … go into debt … to get their legal degree.” This won’t sit well with the legal academy. [News Tribune]
* With Lindsay Lohan stuck in rehab, Amanda Bynes decided it was her turn to go wild. The retired actress says she’s suing the NYPD for unlawful arrest and sexual harassment. [New York Daily News]
* Alton Lemon, the Supreme Court plaintiff behind the eponymous Lemon test, RIP. [New York Times]
Ed. note: Above the Law will not be publishing on Monday, May 27, in observance of the Memorial Day holiday.
* Manhattan Justice Paul Wooten has ordered CBS to produce all emails between it and the Brooklyn DA’s office concerning “Brooklyn D.A.” and ordered a hearing this afternoon. CBS attorneys are irritated. Now they know how everyone feels when they have to watch Two and a Half Men. [WiseLaw NY]
* Lois Lerner, the embattled IRS supervisor at the heart of the recent scandal, invoked the Fifth Amendment in her congressional hearing, but in a way that may open the door to contempt. Ironically, maintaining innocence while invoking the Fifth opens one up to “heightened scrutiny.” As noted in Morning Docket, she’s been put on administrative leave. [Simple Justice]
* T.J. Duane, a co-founder of Lateral Link, was named one of the 17 Stanford business students who is going to change the world. Duane is working on technology to “provid[e] solo and boutique attorneys the benefits without the drawbacks of big law.” That’s much better than my proposal to provide solo and boutique attorneys the drawbacks without the benefits of big law, which is just a device that passive-aggressively second-guesses every decision a lawyer makes. [Business Insider]
* The U.S. Chamber of Commerce has asked theSupreme Court to uphold the D.C. Circuit’s decision holding Obama’s NLRB recess appointments unconstitutional because the appointments caused “major confusion for both employers and employees alike.” They’ve got a point. Not having a quorum on the NLRB because the Senate refuses to confirm anyone and plays parliamentary games does provide certainty… the certainty that the NLRB cannot function and it’s a free-for-all against workers. [Free Enterprise]
* Law school applications are down, but not as drastically as expected. [Faculty Lounge]
* In any event, law schools are facing an economic reckoning dubbed “Peak Law School.” [Lawyers, Guns & Money]
* A new CBO report analyzes the impact of a carbon tax, in case you’re preparing to start papering cap-and-trade deals. [Breaking Energy]
* Do potential clients really care about social media? I “Like” this story. [Associate's Mind]
* Courtesy of the ABA Journal, you can check out the swag Chief Justice Roberts and Eric Holder got from foreign nations in 2010 after the jump…
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@example.com.
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