* “[T]he nation’s last explicit ban of the right to bear arms has bitten the dust.” On Saturday, a federal judge said D.C. couldn’t ban the carrying of guns in public for self-defense. [Legal Times]
* Late on Friday, Florida’s ban on same-sex marriage was tossed by a state judge, making it latest in a string of major legal victories for marriage equality. Congrats, Floridians! [Bloomberg]
* There’s been some new updates in the case of Dan Markel, the young FSU Law professor who was murdered in his own home. We’ll have more on the details police released later today. [CNN]
* “I’ve come to the realization I’d really like to have a paycheck at some point.” Ouch. Law school graduates in Florida are starting to feel the pain of a very tough job market, and they’re not too happy about the situation. [Tampa Bay Times]
* “[T]hey treat us like step children instead of adoptees.” A group of Texas Wesleyan Law graduates have filed a complaint (in vain?) with the ABA in the pursuit of new diplomas from Texas A&M Law. [WFAA 8]
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?
My experience with federal court is limited to three months externing for a district judge after first year of law school (that and testifying in a homicide case, but that’s another column). The time was occasionally depressing (can you say “pro se”?), always sobering (you mean the judge is actually going to rely on my legal research??), and ultimately a decent dose of reality after enduring nine months of the alter-world that is being a 1L.
We overuse the word “childish” when discussing the behavior of lawyers. This dispute though is so utterly childish it can be summed up as “Teacher! Denise swore!” and “But, Dan did it first!”
Rare is the opinion with the word “a**hole” (though without the wusstrisks we use on this site) in the opening sentence. But that’s what you get when a judge levels a benchslap against one side for “intemperate language,” which is apparently a thing that lawyers shouldn’t use.
Now lawyers can be a salty bunch, so it takes a serious outburst to earn the ire of a federal judge. And this woman doesn’t disappoint, allegedly drafting an aggressive email peppered with “intemperate language” combined with shady tactics and outright lying. It’s a cocktail of behavior that deserves consideration if you’re looking for case studies for a professional responsibility course. As the judge writes in his opinion, this is one where the lawyer should have hit “delete” instead of “send.”
The old ball and chain, dischargeable in bankruptcy only in the most limited of cases. Go ahead, try and prove you’ve got a ‘substantial hardship’ preventing you from paying. We dare you.
* Now that a federal judge has classified California’s death penalty as unconstitutional, it’s only a matter of time before the issue reaches the Supreme Court. We have a feeling the justices will likely roll their eyes. [National Law Journal]
* Word on the street is that Bingham McCutchen has got the urge to merge, and has apparently spoken to a handful of potential partners over the course of the past three months. We’ll have more on these developments later. [Reuters]
* As it turns out, it was neither Wachtell Lipton nor Jenner & Block that managed to snag the coveted GM litigation oversight job. Nice work, Quinn Emanuel — you’re considered a “well-respected outside law firm.” [WSJ Law Blog]
* Congrats, Flori-duh, you did something right. A state court judge has ruled that Florida’s ban on gay marriage violated the U.S. Constitution in the latest post-Windsor victory for equality. Yay! [Bloomberg]
* Thanks to their hundreds of thousands of dollars in law school debt, many graduates are considering declaring bankruptcy. Too bad most won’t be able to get their loans discharged. [Connecticut Law Tribune]
“The Mother Court” is the nickname for the U.S. District Court for the Southern District of New York, regarded by many as the preeminent federal trial court in the nation. In the book of the same name, James Zirin, a leading litigator who’s now senior counsel in the New York office of Sidley Austin, shares with readers the fascinating history of this top tribunal.
In a review that ran yesterday in the New York Law Journal, Thomas E.L. Dewey hailed the book as a “richly textured, immensely readable overview of the modern history of the Southern District of New York.” Last month, in the New York Review of Books, Judge Jed Rakoff praised Zirin’s “fluid prose and eye for detail.”
What fun tidbits and interesting opinions did James Zirin share in his remarks on Tuesday night?
Ed. note: This is the latest post by Steve Dykstra, our new columnist covering the Canadian legal market.
I am a Canadian-trained lawyer. I live about five hours away from the Supreme Court of Canada located in Ottawa. I thought it would interesting to see how many justices of the venerable SCC I could name off the top of my head.
I got Beverley McLachlin (the Chief Justice) and Louis LeBel. Two out of nine. I missed Rosalie Abella (whom I’ve met), Marshall Rothstein, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis, Richard Wagner, and Clément Gascon (the newbie on the court).
Then I tried the current SCOTUS. I got Alito, Ginsburg, Thomas, and Roberts. Four of nine.
I admit, it’s a bit embarrassing that I can name more U.S. justices than Canadian….
According to Black’s Law Dictionary (affiliate link), a judicial diva is “a particularly confident, skilled, and physically attractive female judge.” By this definition, Chief Judge Loretta Preska (S.D.N.Y.) is a judicial diva. She is highly regarded, as both a judge and an administrator, and she never looks anything short of fabulous.
I’ve been fascinated by Judge Preska for years. I had this to say about her back in 2004 at my first website, Underneath Their Robes: “Magnificent. Tall, thin, elegant. Great bone structure, perfectly coiffed silver hair. Note to self: nominate for superhotties contest next year?”
This gorgeous judge now owns a gorgeous apartment. Chief Judge Preska and her husband, a partner at one of the nation’s most profitable law firms, just paid almost $9 million for a penthouse apartment on the Upper East Side….
* Congrats to William Voge, who was elected as the new chairman of Latham & Watkins. He succeeds Robert Dell in this position, who is one of the Am Law 100’s longest-serving leaders. [Am Law Daily]
* Dewey’s former execs filed a motion to dismiss their criminal charges, lamenting the fact that the Manhattan DA made them “scapegoats” for the total failure of their firm. [DealBook / New York Times]
* A judge banned the Washington Redskins name from his court, proclaiming that the offensively monikered team shall be known only as “the Washington Team” in documents submitted. [WSJ Law Blog]
* Senate Majority Leader Harry Reid thinks that if it were up to Judge Judy, House Speaker John Boehner’s “show trial” suit against President Obama would be thrown out in “half a second.” Well then. [ABC News]
* A Michigan attorney was arraigned yesterday on a felony charge of homicide-solicitation of murder. It seems that the hired hitman warned his target. He’s not getting a good Yelp review. [UpNorthLive.com]
* If you’re an international student with a foreign law degree trying to get a law degree in the U.S., why the hell would you waste your money on a J.D.? Just get an LL.M. [Law Admissions Lowdown / U.S. News]
* Oh baby8: Nadya Suleman (formally doing business as Octomom) pleaded no contest to welfare fraud charges after she failed to report income from all of her public appearances and porn videos. [Reuters]
Nine days ago, Judge Richard Kopf wrote an article about the Supreme Court’s decision in Hobby Lobby that suggested, “[a]s the kids say, it is time for the Court to stfu.” It was a good post, but something that seemed of such little controversy that we relegated it to an in-blurb mention within Non-Sequiturs.
And then all manner of shock and hand-wringing commenced.
It’s not the first time a federal judge received criticism for speaking out. Are jurists like Judge Kopf out of control?
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: