One of the interesting concepts in Professor Rosenbaum’s book (affiliate link) is that the law lacks a soul. The law lacks tenderness. The law is objective and cold and inhumane. The law abhors emotion. I don’t think that’s true.
Every time I sentence a defendant, there is a lot of emotion. I think there is a lot of humanity in the law.
– Judge Denny Chin (2d Cir.), quoted in an interesting New York Times article focused on his sentencing practices (back when he was an S.D.N.Y. judge).
Legal Eagle Wedding Watch, like the rest of the nuptial media, is in a state of giddy anticipation over Chelsea Clinton’s upcoming wedding, scheduled for tomorrow in Rhinebeck, NY. We’ll be gobbling up all the juicy details as they leak out, just like the lucky guests will be devouring the vegan and gluten-free fare. Yum!
Chelsea’s big day is one of the social events of the season and is estimated to have up to a $2 million pricetag. This week’s featured weddings may not quite reach that stratospheric territory, but they do have lawyers out the wazoo (unfortunately, neither Chelsea nor her fiancé has a JD; her parents, of course, have two).
Since Judge Denny Chin is moving on up to the Second Circuit, the S.D.N.Y. cases pending before him have to be redistributed. Lawyers for Bank of America, which has 15 civil shareholder lawsuits on Chin’s docket, sent the chief judge a letter requesting that the cases be reassigned using a lottery system. As we mentioned in Morning Docket, Cleary Gottlieb, Davis Polk, and Wachtell Lipton all signed the letter.
Why did they need to send this special letter? Because they were scared of B of A landing again in the lap of Judge Jed Rakoff, says the Wall Street Journal:
Judge Rakoff disappointed bank executives last year when he rejected a $30 million settlement with the Securities and Exchange Commission, which had charged the bank with misleading shareholders about bonuses paid prior to the Merrill merger. The New York judge reluctantly approved a new $150 million agreement in February but called it “half-baked justice at best.”
One of the pending shareholder cases accuses the bank of failing to “disclose billions in Merrill losses before shareholders approved the deal in December 2008.”
Apparently, the lawyers debated whether or not to name Judge Rakoff in their letter, thus making it clear that he was the particular judge they hoped to avoid. They ultimately decided to name names.
They were successful in steering their cases clear of Rakoff, though the chief judge claims the letter wasn’t a factor in her decision to assign the cases to Judge Kevin Castel (aka the John Gotti judge). How did she decide?
We have a special place in our hearts for Judge Denny Chin (S.D.N.Y.). Last year, we dressed up as Judge Chin for Halloween (see right). Alas, even though Judge Chin has presided over some major matters — such as the Bernie Madoff case, in which he gave the Ponzi schemer 150 years, and the Google Books settlement talks — we were still mistaken for Judge Lance Ito by several people.
But Judge Chin’s profile is about to increase. Earlier today, by a vote of 98-0, Judge Chin was elevated to the Second Circuit.
The Asian-American community is thrilled. From one Asian ATL reader: “He was confirmed! Amazing and historic!”
But there have been Asian-American federal judges before. And there may be again in the not-too-distant future, depending on what happens to the controversial nomination of Berkeley law professor Goodwin Liu.
What is history-making about Judge Chin’s elevation?
The benefits of approval are bounded only by the limits of human creativity and imagination.
– Google, to Judge Denny Chin, in a brief before today’s hearing about Google’s class action settlement with authors and publishers over Google Book Search.
At the end of a wild week that included Blue Monday, terrible (or terrific) Tuesday, and corporate-overlord Thursday (sponsored by Justice Anthony Kennedy), we bring you an unusually strong January edition of LEWW.
It features six lawyers in a wide range of practices: public sector, teaching, Biglaw, nonprofit — even personal injury (or “accident law,” as they apparently call it these days). Here are the lucky finalists:
This year we decided to dress up as Judge Denny Chin (S.D.N.Y.), recently nominated by President Obama to the U.S. Court of Appeals for the Second Circuit. If you’re a criminal, Judge Chin can be quite frightening — he sentenced Bernie Madoff to a whopping 150 years.
And where did we get the idea for our costume? ATL comments (see #2 and #17).
A slideshow of photos showing us in our Judge Chin costume, after the jump.
* Earlier this month, we reported that Sonnenschein had made cuts. Of the 30 let go, 10 were income partners. [National Law Journal]
* Republican Congressman Joe Wilson may be the most hated lawyer in the U.S. today after heckling President Obama during his healthcare reform speech. [CNN]
* The income gap is narrowing thanks in part to a fall in PPP. [Wall Street Journal (subscription) via ABA Journal]
* “I don’t have to do anything you say. I’m a law student.” [Wicked Local]
* Federal judge Denny Chin — known for sentencing Bernie Madoff to 150 years, having a theatrical flair, and clocking some decent marathon times — will ascend to an appellate judgeship in New York. [New York Times]
As we previously mentioned, and as Lawrence Hurley of the Daily Journal reports here, Congress is considering a proposal that would raise federal judges’ salaries by a significant margin. Here’s what the new scale would look like (with current salaries indicated parenthetically):
District Court Judges: $247,800 (up from $165,200) Court of Appeals Judges: $262,700 ($175,100) Associate Justices of the Supreme Court: $304,500 ($203,000) Chief Justice of the United States: $318,200 ($212,100)
This proposal would cost millions in taxpayer dollars. So we have a better solution to the problem of federal judicial pay, which Chief Justice John Roberts has dubbed a “constitutional crisis.”
Here’s our brilliant idea: Require all federal judges to marry rich!
Don’t you just love couples in which one spouse is a judge, with all the power and prestige of judicial office, and the other spouse is rolling in dough? Off the top of our head, we can name a number of federal judges who have married well — or at least wealthy. (Like Judge Kimba Wood, above right, with her well-heeled hubby, Frank Richardson.)
We list some judges who have married into money, and we invite additional examples from you, after the jump.
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at asia@kinneyrecruiting.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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