Lawsuits and motions filed by serial litigants like Jonathan Lee Riches — the most famous one of them all — typically get passed around by the mainstream media for some laughs, and are then quietly dismissed by the judges unfortunate enough to be assigned the cases.
But this time around, a federal judge was apparently duped by a very peculiar motion that was supposedly submitted on behalf of the man he once sentenced to 150 years in prison. Of course, Judge Denny Chin of the Second Circuit must have thought it was odd that Bernard Madoff claimed “bio-electric sensors” and “voice-to-skull technology” were to blame for influencing the legal proceedings against him, but the good judge issued a real order in the case nonetheless.
What else did this wild motion say, and who was behind the filing?
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.
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?
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.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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 seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.