Department of Justice

* In light of today’s vote on Scottish independence, here’s an article on the opportunities for the legal industry if Scotland breaks free. [Business For Scotland]

* What are the biggest pet peeves of corporate counsel. Surprise, surprise, billing “surprises” makes the list. [ALM]

* Attorney General Holder is offering bigger payouts to Wall Street whistleblowers. Start saving your emails now you low-level finance folks! [Legal Times]

* Later today, Baker Hostetler’s John Moscow will try to convince Judge Griesa that he shouldn’t be disqualified for breaching the confidentiality of a prior client. [Law Blog / Wall Street Journal]

* As if Bingham didn’t have enough trouble, Akin Gump swept in and poached a gaggle of lawyers in Europe (as some previously predicted). [Law360]

* Skadden is really good at inversions. Elie would like to thank them for their work undermining American society. [The Am Law Daily]

* Yale Law is teaching students basic financial literacy. While some are hailing this program, my question is: how are kids getting to 20-something without learning this stuff already? [Yale Daily News]

When it comes to the debate over the wisdom of going to law school, I fall somewhere in between. I’m not as optimistic as Jordan Weissmann of Slate, but I’m not as pessimistic as Elie Mystal and Joe Patrice, two of my colleagues here at Above the Law.

Back in June, when I reviewed employment data for the law school class of 2013, I sounded some cautiously optimistic notes. I wondered whether a stable job market and shrinking law school classes could produce better employment outcomes for many law grads.

Could the jobs picture be even brighter than “stable”? Check out what looks like a big expansion of the U.S. Department of Justice’s prestigious Attorney General’s Honors Program, along with other opportunities to work as a lawyer for the federal government….

double red triangle arrows Continue reading “Reminder: DOJ (And Other) Honors Program Applications Are Due Soon”

The white-collar bar is a varied and wonderful thing.

On one hand, there are the large-firm players — the FCPA mongers and the folks doing criminal antitrust work who fly all over the globe representing clients in lucrative conference room litigation that will rarely see a courtroom.

These cases are well-funded. Even if the client has a higher chance of French kissing the Chief Justice during the State of the Union address than of being indicted, as long as he’s indemnified by a large company, many firms will do everything they possibly can to be completely and fully ready for an indictment that will never come. I haven’t yet heard of a mock jury for a client in an investigation that isn’t going to be indicted, but I think that’s only because no one has thought it up yet. (And, to my friends currently representing such indemnified clients, you’re very welcome for the suggestion.)

For these folks, attorney-client privilege exists and is relatively easy to preserve. It’s good to be pre-indictment and it’s good to be indemnified.

But, for the rest of the folks accused of white-collar crimes, our Department of Justice is only too happy to make folks choose between a preserved attorney-client privilege and the Sixth Amendment.

How?

double red triangle arrows Continue reading “DOJ Says They Can No Longer Afford To Respect The Attorney-Client Privilege”


Philip Seymour Hoffman

* From Big Government to Biglaw: Our congratulations go out to Benjamin Horwich, most recently of the Office of the Solicitor General at the U.S. Department of Justice, as he joins Munger Tolles & Olson as counsel. Nice work. [Munger Tolles & Olson]

* The number of law school applicants took a nose dive for the fourth year in a row, this time by 8 percent, summarily crushing the hopes and dreams of law deans praying for a change of their otherwise most dismal fortunes. [National Law Journal]

* Considering the latest slump in applicants, whether a law school evaluates your average LSAT score or highest LSAT score matters little. Admissions officers will jump for joy that you have a pulse. [Law Admissions Lowdown / U.S. News]

* “You don’t have to convict on every count to have a win.” Azamat Tazhayakov, friend of accused Boston Marathon bomber Dzhokhar Tsarnaev, was convicted of obstruction and conspiracy to obstruct justice. [Bloomberg]

* Per documents filed by a lawyer appointed to represent Philip Seymour Hoffman’s children, the actor didn’t set aside money for them because he didn’t want them to become “trust fund kids.” [New York Post]

Well, you’ve got to hand it to them: if we’re going to say that corporations are people, then we need to start subjecting them to criminal sanctions for committing victimless crimes. It’s only fair. So it’s heartening this morning to see that the government has secured an indictment — based on a 9-year investigation — of a major corporation for dealing drugs. Welcome to personhood in America!

And this is not some pharma company trying to get America hooked on the new Prozac. We’re talking about a non-pharma company peddling illegal drugs and getting called out on it by the feds….

double red triangle arrows Continue reading “Major Corporation Indicted For Dealing Drugs?”

With the Supreme Court’s 2013 term concluding on Monday, many Americans are assessing how they feel about the judicial branch of their government. Even if you are still reeling about some of the decisions made recently by the least dangerous branch, don’t forget the executive. The president and his agencies can also make you wonder how the American experiment is panning out.

On Tuesday, U.S. District Judge Reggie Walton issued an order to hear oral arguments from lawyers representing the Internal Revenue Service and the conservative nonprofit True the Vote. True the Vote is one of the conservative groups claiming IRS improperly targeted its application for nonprofit status based on the group’s political and philosophical affiliation. True the Vote filed a motion for a preliminary injunction and expedited discovery on Monday, calling for an independent forensics examination of any IRS hard drives, servers, or other computer hardware involved in the government agency’s possible targeting of conservative nonprofits’ applications for tax-exempt status. It wants an outside computer expert to try to ascertain how and when any electronic evidence, such as former IRS Commissioner Lois Lerner’s emails, may have been lost. Also, it would be great if the government didn’t spoliate — I mean “recycle” — any more evidence….

double red triangle arrows Continue reading “Celebrate July 4th Like Our Founding Fathers Intended: By Questioning The Government”

* Donald Sterling allegedly threatened to kill Shelly Sterling’s lawyer. Look Don, threatening to kill lawyers will certainly help your image, but you may be too far gone. [New York Daily News]

* “Tagger arrested for tagging courtroom while awaiting prosecution for tagging.” [Lowering the Bar]

* You know public law schools are more expensive today than in 1985. But just how much more expensive may absolutely shock you. [Lawyers, Guns & Money]

* Law school tutor seems creepily excited about making students cry. [Sunshine and Potatoes]

* 17 bizarre lawsuits. I don’t know, I view the people making sure I get every delicious inch of my meatball sub as heroes. [Crime Wire]

* Dallas just threw its support behind reparations for slavery. Because obviously they didn’t bother to read the resolution. Democracy in action! [Gawker]

* J. Christian Adams misunderstands an election law. This shocks me not at all. In the past, he complained to me that Pam Karlan didn’t understand voting rights based on a panel I covered. She’s now the Deputy Assistant Attorney General for Voting Rights and Adams is still spouting off (affiliate link) about how the DOJ is bending over to service the Black Panthers. [Election Law Blog]

* Did you know the history of drones in America dates back to the Civil War? Well, now you do. And knowing is some proportion of the battle. Infographic below…. [Criminal Justice Degree Hub]

double red triangle arrows Continue reading “Non-Sequiturs: 06.19.14″

Last week, I wrote about why so few people go to trial, and I talked about some of the challenges of going to trial in a criminal case in federal court, particularly in a white-collar case.

This week, I’d like to talk about another challenge with going to trial — statements made to law enforcement by the person who is accused of a crime.

After Zachary Warren was indicted in connection with the Dewey implosion, there was a lot of coverage of why, exactly, a smart, educated, fancy lawyer would talk to law enforcement without a lawyer present. (See, e.g., here, and here, and here).

As these prior pieces talk about, there’s a tactical problem with talking to law enforcement in the first place — the agent may say that he or she is just giving you a chance to “tell your side of the story” or “get the truth out” but, really, that person’s interest is in getting a conviction so they get a stat. They’re trying to build a case against you and that has less to do with celebrating the importance of impartial truth seeking, and much more to do with boxing you in so that a trial would be hopeless (see this on one way to think about the agent’s priorities when they’re taking a statement).

There is, though, another problem with talking to law enforcement — one that, hopefully, DOJ is actually making better.

double red triangle arrows Continue reading “The Perils of A Criminal Trial Redux; or, DOJ Belatedly Notices It Has Recording Equipment”

* A DLA Piper partner was cleared by the firm in connection with a string of sexist emails exchanged with a client because real lads don’t get in trouble for such trifling behavior. We’ll have more on this later. [Am Law Daily]

* Patton Boggs partners started voting on the firm’s merger with Squire Sanders yesterday. Apparently there’s at least one partner who will not be allowed to join the new firm because of prior conduct. Sucks to be you, guy. [Reuters]

* “It’s the best way to prepare for a whole variety of things.” Right now is one of the best times to go to law school, say California law school deans who really need to get asses in empty seats. [Daily Transcript]

* “We are a better people than what these laws represent.” Pennsylvania’s ban on gay marriage was struck down yesterday, making it the 14th victory in a row for the marriage equality movement. [Bloomberg]

* Showtime just bought a law firm comedy about “four smartass, workaholic associates” in Biglaw trying to make partner and avoid being murdered by the office serial killer at the same time. Uh, yeah. [Deadline]

* The best part of the DOJ’s charges against the Chinese hackers is definitely the fact that we now have a “Wanted” poster for “Wang Dong.” Third graders of the world, go ahead and snicker. [What About Clients]

* This is a literal way of sticking it to the banks — man arrested for attempting to have sex with an ATM machine. He was charged with public intoxication. And solicitation… goddamned $3.00 out of network charge. [The Smoking Gun]

* A new NFL lawsuit alleges that the NFL illegally used painkillers to cover up injuries. This story is brought to you by the letters D, U, and H. [Sports Illustrated]

* In an interview, the admissions dean of the University of Texas says the school “extend[s] opportunities to students who aren’t 100% perfect on paper.” No kidding. [Tipping the Scales]

* Australian lawyers are trying to argue that their cease and desist letters are copyrighted and cannot be republished. Professor Volokh explains why that’s not a viable argument in the United States. We. Totally. Concur. [The Volokh Conspiracy / Washington Post]

* A transwoman was denied a requested name change. The judge? The former counsel to Liberty University. Of course. [GayRVA]

* Twitter icon Judge Dillard cited Wikipedia in a decision. Didn’t Keith Lee just have an article about that? [Court of Appeals of Georgia]

* More analysis of Gaston Kroub’s look at Biglaw’s Scarlet Letter. [Law and More]

* The DOJ announced that LSAC will pay $7.73 million and institute systemic reforms over its ADA violations. If only the DOJ could get on top of LSAC’s problems securing your private personal information. [U.S. Department of Justice (press release)]

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