Energy

The Canadian Bar Association (CBA) is the prime industry group for Canadian lawyers coast to coast. In essence the CBA is an advocacy group that also provides its members with continuing legal education and networking opportunities. It has 37,000 members, so it speaks for a lot of Canadian lawyers.

Let’s move half a world south to the Lago Agrio region of Ecuador. An energy giant, Chevron, apparently caused a bit of nuisance there. The indigenous villagers in the region sued Texaco (which Chevron subsequently purchased) for causing extensive pollution and won a local judgement for $9.51 billion. I haven’t taken a trip to Lago Agrio, but I suspect from the size of the judgement we aren’t talking about a few puffs of black smoke.

The plaintiffs are now chasing Chevron’s assets all over the world, including Ontario. Chevron hath protested with vehemence that its Ontario assets should not be at risk. The Ontario Court of Appeal ruled last year that the Ecuadorian plaintiffs “deserve to have the recognition and enforcement of the Ecuadorian judgment heard on the merits” in Ontario. Thus, the C.A. has at least opened the door for the plaintiffs to realize on Chevron’s Ontario property in satisfaction of the multi-billion dollar judgement. Here’s the shocker: Chevron has appealed to the Supreme Court of Canada.

This is where the CBA comes in….

double red triangle arrows Continue reading “The View From Up North: Has The CBA Crossed The Line?”

Justice Antonin Scalia

* Justice Scalia spoke at CU-Boulder last night. For his sake, we certainly hope he didn’t speak about any issues that might someday appear before SCOTUS, lest he be asked to recuse. [Boulder Daily Camera via How Appealing]

* Another one bites the dust over at Main Justice: David O’Neil, the head of the criminal division, is stepping down in the wake of the BNP Paribas case, and will likely have many white-shoe law firm suitors. [DealBook / New York Times]

* Fox Rothschild picked up a 18-lawyer boutique firm in Texas, which will serve as the home of its first outpost in the Lone Star State. Energy law, surprisingly, wasn’t the driving factor. [Legal Intelligencer]

* “I have a heart and I have two kids.” That’s a pretty damn good reason for Biglaw attorneys to take a break from their corporate billable hours to represent undocumented children pro bono. [WSJ Law Blog]

* Scott Greenfield reviews Lat’s forthcoming novel, Supreme Ambitions (affiliate link). Of course, in SHG style, it contains a spoiler. Try to skip that clearly marked paragraph. [Simple Justice]

* Justice Sotomayor would like to remind you that just because you’ve been to one Indian casino, that doesn’t mean all Native Americans are fantastically wealthy. [KGOU]

* Nor is every Native American cured by this news, but this is certainly a start — the Department of the Interior will sign a $554 million settlement in the breach of trust case brought by the Navajo nation. [Buckley Sandler LLP]

* A Peruvian woman has sued Disney for $250 million because she alleges that Frozen is a rip-off of her life story. Because she has magic ice powers? I guess. Actually, it looks like the only connection is that she lived in a cold place and had a sister. This reminds me of my lawsuit against Chuck Palahniuk for basing Fight Club on my life story. Not that I ran anarchic underground fight clubs, but because one-time at camp I made a bar of soap. [Bustle]

* Law professor goes after revenge porn and patent trolls because he’s trying to win the title of best person ever. [Brooklyn Paper]

* Harold Hamm, Continental Resources’ Chairman and CEO — and former energy adviser to Mitt Romney — is staring down the barrel of a massive divorce settlement. So he takes a page from Romney’s adversary. Hamm is arguing that his fortune… he didn’t build that! He was just the beneficiary of a good market rather than a contributing factor so he doesn’t have to share. [Upstream Online]

* The CAC launches a new series on the Roberts Court at 10. It’s hard to believe how long ago that was. When the Chief Justice took over we still thought the ending of Lost was going to make sense! [Constitutional Accountability Center]

* Winston & Strawn lawyer turned famous LEGO artist Nathan Sawaya opened a new show in London. Sculptures made of thousands and thousands of hand-assembled bricks. Just in case you were wondering if there was a task more boring than document review. [Yahoo! Canada News]

* Paul Clement and Mike Carvin offer a SCOTUS preview. [Heritage Foundation]

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Deepak Gupta

It’s an intimidation model. It’s a way for corporations to go after their critics and those who fund them.

Deepak Gupta of Gupta Beck PLLC, lead appellate lawyer for Steven Donziger in Donziger’s never-ending litigation with Chevron, commenting on the oil giant’s hardball tactics and aggressive litigation style (for a lengthy Rolling Stone article about the case).

This summer, Above the Law expanded its editorial coverage with the launch of a suite of practice-focused channels. These new, topical components of our site include an eDiscovery channel, powered by content from Lexblog, JD Supra, and new ATL expert columnist Michael Simon, as well as pieces curated from ATL’s coverage of the broader legal industry. ATL’s eDiscovery channel will feature news stories, substantive trend analysis, and insights into business development issues relevant to eDiscovery and related legal technologies. (Among ATL’s other practice channels are Securities, Energy, and Government.)

The LexBlog network is the largest professional blog network in the world. LexBlog partners with clients to develop custom social media solutions and strategies that create powerful internet identities. LexBlog will provide ATL’s unparalleled audience with commentary on prominent legal developments and insight on best practices in the full range of practice areas, including eDiscovery.

ATL’s eDiscovery columnist, Michael Simon, has been in the legal industry for more than two decades. His background as a Chicago trial attorney, Director of Strategic Development at Navigant, and co-founder of eDiscovery expert consulting firm Seventh Samurai, give him a unique voice in the eDiscovery space. His debut column, Making Sense of eDiscovery Outside of the Bubble, offers a thoughtful introduction to legal technology and is but the first in a series.

JD Supra publishes insights and intelligence written by a network of over 20,000 attorneys and industry professionals. ATL’s partnership with JD Supra will give the ATL audience access to high-level eDiscovery content from Am Law 200 law firms and other expert sources.

ATL’s new eDiscovery channel is made possible by Omnivere, one of the largest integrated companies in the discovery management space. Omnivere provides services that encompass all aspects of litigation support, from Project Management, Review Support, and Hosting Management, to Attorney Review, Production, and Trial Exhibit and Document Management.

* It’s not that Justice Kennedy cares more about gay rights than women’s rights, it’s that Justice Kennedy understands gay rights better than women’s rights. That’s a much less charitable but shorter read of this insightful piece by a former Kennedy clerk. [Dorf on Law]

* The judge caught making racist and sexist remarks about Charlize Theron’s adoption has been banned from the bench. He wants to be judged on more than this incident. To quote Dr. Hibbert: “And hillbillies want to be called ‘Sons of the Soil’, but it ain’t gonna happen.” [Associated Press via Yahoo! News]

* Adam Carolla is keeping his fight against patent trolls alive. Ziggy socky ziggy socky hoy hoy hoy! [Mashable]

* Yesterday, the man who shot young Renisha McBride for knocking on his door was convicted of second-degree murder. Sadly, it was just one more in a string of cases where some idiot bought into the rhetoric of shooting first and asking questions later that gun lobbyists have pushed for years. [New York Times]

* Here’s something, a former law firm CIO wrote a novella called I Spy, You Spy, We All Spy (affiliate link) based on the allegedly true events of the “law firm spying on its own lawyers, employees and some of its employees’ family members.” Delightful. [Amazon]

* “Why Young Lawyers Shouldn’t Hate Hate Hate Baby Boomers Holding On to Jobs.” OK, I’ll go back to hating them for being the self-absorbed Me Generation that made Gordon Gekko a role model. [Law and More]

* At oral argument in the marriage equality cases, the lawyers and the Sixth Circuit exhibited… a lot of misconceptions. [Constitutional Accountability Center]

* The battle over the EPA’s Carbon rules isn’t over yet. Gear up for a Supreme Court trip. [Breaking Energy]

* Do you need to know how to pronounce the SCOTUS case of Volkswagenwerk Aktiengesellschaft v. Schlunk? There’s an app for that. [Law Technology News]

* For all you surprised by LeBron James, let me remind you: Cleveland is all about two non-consecutive stints. [Wikipedia]

* Speaking of basketball, Mitchell Epner takes his talents to CNBC to breakdown the 5 things he learned during the first week of the Donald Sterling trial. [CNBC]

* Who is the Litigator of the Week, per Litigation Daily? It’s Daniel Gitner of Lankler Siffert & Wohl because he became the first lawyer to beat the S.D.N.Y. U.S.A.O. in an insider trading case. Also because he’s awesome. Pardon me while I put on my LSW shirt. [The Litigation Daily (sub. req.)]

* Hey! Take a second to take our latest law firm survey. We really want your feedback on your perception. [Above the Law]

* “5 Reasons the Sleeping Yankees Fan’s Lawyer Should Be Disbarred.” Fair enough. [Internet on Trial]

* Will the EPA’s latest carbon rule survive judicial challenge? I would have said “no” but after Homer City… [Breaking Energy]

* Do blondes make more money? I guess that’s the trade-off with being the focus of revenge porn. [The Careerist / American Lawyer]

* Aereo is back. Sort of. [Comm Law Blog]

* A former Patton partner lost his new job at Pillsbury over the Chevron case. Could anybody have suffered more over this case? Oh, right, all the Ecuadorians. [Legal Times]

* While you weren’t looking, even fewer people took the LSAT. Obviously. [LSAC]

* Mitchell Epner breaks down the Donald Sterling trial, which kicked off today. Or “tipped off” today. [CNBC]

* Judge Kopf reviews Keith Lee’s The Marble and the Sculptor. Keith can take heart that His Honor didn’t tell him to STFU. [Hercules and the Umpire]

* MoloLamken offers its comprehensive review of the Supreme Court’s recently concluded adventures from the perspective of businesses. Spoiler alert: businesses did really, really well. [MoloLamken]

* Former seminary dean lied about his religious background and then tried to sue the guy who called him out on it. Benchslapping ensued in a fee decision: “Plaintiff’s sparse trickle of written argument gave way at the hearing to an overflow of objectively unreasonable claims…. Plaintiff either cast unsupported aspersions or asserted boldfaced contradictions, adopting whatever narrative best served him at the time.” In fairness, those sound like they might be assets in organized religion. [Religion Posts]

* If you want to know what’s up in the energy sector, Breaking Energy now has a “Law Firms Perspective” feed. [Breaking Energy]

* Discretion is the better part of valor: gamblers turned down around $1.5 million payout to sue casino for illegal detention… and then lost. [ATL Redline]

* I’ve said before that I find the concept of legal tattoos fascinating. This one is incredibly meta….

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* Confessions of a litigious mind: Trial attorney admits he was trained as a spy. [What About Clients?]

* A Fordham Law professor running for governor. [New York Times]

* Are messenger bags unprofessional for lawyers? My firm bought us messenger bags with firm logos so this wasn’t a question for me. [Corporette]

* New carbon regulations on the horizon and industry is already gearing up for a fight. [Breaking Energy]

* FTC charging Jerk.com with deceiving customers. What a paradox, because if the FTC is right this seems like truth in advertising. [IT-Lex]

* Larry Klayman is suing the entity he founded, Judicial Watch, for defamation. Somehow Orly Taitz is involved. [South Florida Lawyers]

* Hey recent grads! Do you need to frame your shiny new diploma? Mountary is offering a 20 percent discount to ATL readers. Just enter the code “atl20″ at checkout. [Mountary]

* Bruce Allen Murphy has a new biography on Justice Antonin Scalia that proposes that far from forging a conservative Court, Justice Scalia’s actions have undermined building a conservative team of justices. Also he reminds us that Scalia was totally an affirmative action hire. Video after the jump…. [YouTube]

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* The Supreme Court chimed in on the death penalty today, ruling 5-4 that Florida can’t use an IQ score as a hardline rule to apply the death penalty. Justice Alito dissented, complaining that the Court turned over the issue to psychiatric doctors. Because if you’re going to make a decision on mental incapacity, why involve people who know the science? [SCOTUSBlog]

* Well, it turns out one of the reasons why Charleston Law is so eager to sell to InfiLaw is that its founders withdrew $25 million in profits over the last three and a half years, leaving the school a financial wreck. [Post and Courier]

* What?!? A judge was allegedly kidnapped by a convicted felon that she may or may not have had a relationship with while she worked as a public defender. And the alleged kidnapper escaped the police when he sneaked out of the hospital because apparently Maryland hired the Keystone Kops. [Washington Post]

* In a sad testament to what happens when zealous representation meets law firm hierarchy, a new study reveals that working hard doesn’t get you anywhere. Just deliver the bare minimum you promised and call it a day. [Law and More]

* Video game manufacturer files lawsuit against… somebody. They’re not sure. But whoever they are, they’re ruining Starcraft. [Hardcore Gamer]

* Nevada’s bar president decided to use his monthly newsletter column to opine on gay marriage. That was probably a mistake for him. [The Irreverent Lawyer]

* A new environmental law firm opens in the rustbelt and it’s ready to take on some industry bigwigs. [What About Paris]

* New York upholds the right to be annoying on the Internet. [IT-Lex]

* Lawyer-turned-rapper Mr. Kelly (@Mrkelly_music) has a new video after the jump about lunchtime and the malaise of living a corporate lifestyle. His album is available too. [YouTube]

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