Department of Justice

* George Washington University has been stripped of its U.S. News college ranking. The law school appears safe. [Tax Prof Blog]

* Now students can get in trouble for bullying their teachers. Teachers, people! TEACHERS CAN’T STAND UP TO THE MEAN SCHOOL KIDS WITHOUT A LAWSUIT. [Volokh Conspiracy]

* Just to be clear, Antonin Scalia would not be on the side of the secessionists. [New York Personal Injury Law Blog]

* So the accuser of Kevin Clash, voice of Elmo, recanted and said that he was a consenting adult when he was with Clash. It’s great to know that Elmo is getting barely legal ass. [Huffington Post]

* FCPA! Guidance! This is WAY MORE INTERESTING than Petraeus and the Kelley sisters. [WSJ Law Blog]

* For those of you who saw Capturing the Friedmans, here’s an update on the ongoing proceedings. [WiseLawNY]

The spoils of war aren’t what they used to be.

This weekend, a top spy had an affair with some woman named Broadchest… err “Broadwell”… and it was a top-grossing distraction from the fiscal cliff.

We’re going to talk about David Petraeus because on this Veterans Day we learned that you can’t be Director of the Central Intelligence Agency while also getting some action on the side. Drone strikes didn’t take Petraeus down. The Benghazi attacks didn’t take Patraeus down (although he’s not done with that yet). Paula Broadwell and her emails took down a four-star general covered in glory.

Before we go on, can we get a list of things you cannot be while also cheating on your wife? More importantly, can we get a list of positions that will not cause the Department of Justice and the FBI to investigate your extramarital predilections?

double red triangle arrows Continue reading “Spyfall: We’re Making A Federal Case Out Of An Affair, Again”

I’m sure there will be other contenders for the honor teased in the title, but I’m having a hard time thinking of one. Last night, voters went to the polls throughout the country and made their voices heard through the time-honored practice of waiting six hours in line until 1:30 a.m. As the results trickled in, candidates, elected officials, and pundits tossed out a number of pithy reactions, but one takes the cake.

Governor John Hickenlooper of Colorado responded to the state’s passage of a ballot measure legalizing marijuana with this gem:

Don’t break out the Cheetos or Goldfish too quickly.

Now I think Hickenlooper is criminally underselling Bugles, but this is pretty amazing. That’s a sitting United States governor tossing out a rejected line from a Cheech and Chong movie. I love modernity.

But why does Hickenlooper think we should hold on to our munchies?

double red triangle arrows Continue reading “The Greatest Single Election Quote Ever”


On any list of “scum of the Earth,” people who profiteer off of disaster victims have to make the list. Jesus, it’d be worth Hell existing just so there would be a place for people who take advantage of disasters to loot electronics or valuables (food, if you’re hungry and nobody is home, is fair game I guess). I think there are reasonable people on both sides of the New York City marathon debate, but the thought of any police not stopping a looter to deal with the marathon makes me think they should cancel this year’s event.

Of course, looters aren’t the only kinds of criminals trying to take advantage of the hurricane. The Department of Justice is warning people to be on the lookout for Sandy scams…

double red triangle arrows Continue reading “In The Aftermath Of Disaster, The Scam Artists Come Out”

In the next few months, we’re going to see a lot of lawyers switching jobs in Washington, D.C. Regardless of who wins the election — my current prediction is that Barack Obama will prevail (sorry, Anonymous Partner) — many lawyers will move into and out of government in the weeks before and after Inauguration Day.

For those who joined the Obama Administration early, three or four years is long enough to make them nostalgic for private sector paychecks. What use is a punched ticket if you never redeem it?

In fact, the movement has already started. Today we bring you news of two notable moves from the nation’s capital. One of them involves a lawyer leaving a top government post, and the other concerns an in-house lawyer entering the firm world….

double red triangle arrows Continue reading “Musical Chairs: A Pair of Capital Moves”

Flooding in Wildwood, New Jersey.

As we mentioned earlier today, we’ll be operating normally here at Above the Law, notwithstanding Hurricane Sandy. Our physical offices, at the corner of Broadway and Houston in Manhattan, are closed. But your four editors — Elie, Staci, Chris, and myself — will be working diligently from our homes to keep you informed and entertained during Frankenstorm.

It seems that we won’t be alone in telecommuting today. Encouraging (or even ordering) employees to stay home, but suggesting that they work remotely if they can, seems to be a common response to the storm.

Here is information — including many UPDATES — about how various courts, government offices, law firms, and law schools are responding to Hurricane Sandy….

double red triangle arrows Continue reading “Hurricane Sandy: A List of Legal World Closures”

Ed. note: Lat here. This post is by lawyer turned novelist Allison Leotta, whom I previously profiled. I recently read Leotta’s newest book, Discretion, which I highly recommend. Not only is it a gripping thriller, but it’s legally realistic too, reflecting Leotta’s experience as a federal prosecutor and her research into the escort business.

As a former sex-crimes prosecutor who just wrote a novel about the escort business, I keep getting the same question from my Biglaw buddies: “I already feel like a high-end prostitute. Shouldn’t I get paid like one?”

It’s an old saw that lawyers are already prostitutes. Face it, we care deeply for our clients because we’re paid to care about them. If we’re good, we start by convincing ourselves that the side of the legal dispute we more or less randomly ended up on happens to be the right side. You think a hooker’s job is that different? Forget it. The infamous D.C. Madam — an inspiration for my latest book, Discretion (affiliate link) — was a woman who dropped out of law school and opened an escort agency.

You’re good-looking, you like people, you know how to bill by the hour — you could totally do this. But is being a high-class escort really a better job than the one you’ve got now? The answer will be familiar to every memo-writing associate: It depends. Before you go trading in those Christian Louboutins for five-inch-stilettos, check out these side-to-side comparisons of the trades….

double red triangle arrows Continue reading “Law Firm Associates and Prostitutes: A Comparative Analysis”

The ‘very, very pretty’ Cristina Fierro.

* Covington, Skadden, and Proskauer really like representing professional sports leagues: from 2010 to 2011, the NHL paid a combined total of $8.8M to all three, and Covington received $16.3M from the NFL over the last three years. [Am Law Daily]

* The Department of Justice sued Bank of America yesterday for doing the “hustle.” No, not the popular disco disco dance, but rather, a supposed elaborate scheme to defraud the government out of billions of dollars. [DealBook / New York Times]

* Rajat Gupta was sentenced to a whole two years behind bars for insider trading, but my colleague Elie Mystal thinks that the more appropriate punishment would’ve been to force him to reenact the seminal 80s film, Trading Places. [HuffPost Live]

* Unfortunately, Siri wasn’t able to be helpful with this one. A federal judge had to recuse himself in a patent case involving the Siri voice assistant app because of his “interest” in Apple (likely stock ownership). [CNET]

* Was Wednesday the day of departing deans? NYU’s Richard Revesz said farewell, and so did Sydney Beckman of Duncan Law, but the latter flat out quit amid accreditation uncertainty. [Knoxville News Sentinel]

* “We’ll fight another day. This is not over.” While a jury found that Teresa Wagner’s First Amendment rights weren’t violated by the University of Iowa College of Law, the judge declared a mistrial on her equal protection claim against the school. [Huffington Post]

* Somebody really should’ve told Lawrence Taylor that when testifying in an underage sex trafficking case, it’s probably not a good idea to mention that your accuser was “very, very pretty” and “very sexy.” [Associated Press]

Patrick Fitzgerald

When renowned federal prosecutor Patrick Fitzgerald stepped down as U.S. Attorney in Chicago, he reacted skeptically to the suggestion that he join the dark side jump over to private practice and become a defense lawyer. When asked about this at a press conference regarding his departure, he quipped, “Can you see me as a defense attorney?”

Well, pooh-poohing something isn’t the same as rejecting it out of hand. Yesterday brought news that Pat Fitzgerald will be entering private practice after all.

So which Biglaw firm just landed this big fish?

double red triangle arrows Continue reading “Musical Chairs: Patrick Fitzgerald’s New Home”

Tebowing®

* “You’re paying a partner $800 to $1,000 an hour and they’re charging you because they ordered sushi.” In-house counsel are paying more attention to their bills, and they’re refusing to pay for things like photocopies and food. [Wall Street Journal (sub. req.)]

* According to litigators, who are the ten most notable federal district court judges to watch? Three come from S.D.N.Y., but one from N.D. Cal. captured our hearts this summer when she asked counsel for Apple if he was “smoking crack.” [American Lawyer]

* A guide for law students with disabilities says: “If you are thinking that you’re a shoe-in for LSAT accommodations since you had accommodations in undergrad, think again.” But thanks to these suits, LSAC’s policies may soon be changing. [National Law Journal]

* Seeing as there are only nine law schools in Illinois, and given the abysmal job market for new law grads, it’s clear the state needs a tenth school. Say hello to Bradley University College of Law. [Peoria Journal Star]

* Jets backup quarterback Tim Tebow trademarked “Tebowing.” Yes, seriously. But don’t worry, he didn’t do it to make money, he just wants to “control how it’s used, make sure it’s used in the right way.” [Washington Post]

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