* Sonia Sotomayor has been dubbed as the “people’s justice” in a law professor’s article recently published in the Yale Law Journal Online. If only RBG had appeared on Sesame Street, the title could’ve been hers. Sigh. [WSJ Law Blog (sub. req.)]
* It’s a “procedural game-changer”: Virginia’s class action lawsuit against same-sex marriage has been stayed pending the outcome of the Fourth Circuit’s decision in the case that struck down the state’s ban on gay marriage. [Legal Times]
* “They’re certainly going to be very careful about biting the hand that feeds them.” Gibson Dunn & Crutcher, the firm behind the “Bridgegate” report that cleared Gov. Christie of wrongdoing, received $3.1M from New Jersey last year. [New Jersey Star-Ledger]
* Now that approximately 60 percent of compliance officers are women, in-house insiders are starting to wonder if the position is being reduced to “women’s work” — and not in a good way. [Corporate Counsel]
* Everyone involved in this case is dead, but it’s been hanging in the courts for more than a decade. Soon we’ll find out if Anna Nicole Smith’s ex-stepson will be sanctioned in the grave. [National Law Journal]
By now you’ve probably heard about Duffey v. Twentieth Century Fox Film Corp (S.D.N.Y.). The plaintiff, actor Todd Duffey, played Brian, aka the “Flair Guy” — the Chotchkie’s waiter adorned with a plethora of “flair,” or colorful, cheesy buttons — in the 1999 cult-classic movie “Office Space.” Duffey sued Twentieth Century Fox and Library Publications, alleging that the defendants improperly used his image to market a spinoff product, the Office Space Box of Flair (affiliate link).
Duffey lost. The fun, stylishly written opinion rejecting his claims has gotten lots of coverage, in outlets ranging from Quartz to Consumerist to Gawker.
But these non-legal outlets didn’t delve into the citations — where it appears that Judge J. Paul Oetken (or his clerks) buried some sly, movie-related jokes….
Does what women wear to work matter? Of course it does, especially in a profession where looks are valued almost as highly as other qualities expected of a good lawyer, like exemplary analytical and interpersonal skills.
When we say “looks” here, we mean a lawyer’s ability to dress appropriately given the circumstances, but being attractive certainly doesn’t hurt. Men are basically given a free pass. So long as they don’t show up to court looking like they just rolled out of a dumpster, they’ll be given the respect they’re due.
Women, on the other hand, don’t have a uniform that they can wear to court like their male colleagues, and that’s where the trouble begins. Women lawyers have been told countless times to resist the urge to dress like harlots, with style suggestions ranging from the incredibly obvious (be wary of skirts too short and necklines too low) to the incredibly absurd (“think Lauren Bacall, not Marilyn Monroe”).
The sick thing is that most of these style advisories have come from other women. Don’t follow trends? You look too frumpy. Follow too many trends? You look too skanky. A federal judge recently called attention to this perverse gender bias, but perhaps he could’ve used some more delicate language.
* Justice Antonin Scalia isn’t quite ready to publicly weigh in on whether computer data is considered a protected “effect” under the Fourth Amendment. “[T]hat may well come up [before the Supreme Court],” he says. Thanks NSA. [Business Insider]
* “[I]t doesn’t take many bad apples in a barrel to cause a stink.” No matter how hard Biglaw firms try to keep their confidential information locked down, someone’s going trade on it. It looks like STB is learning that the hard way. [Wall Street Journal (sub. req.)]
* The day after Michigan’s ban on same-sex marriage was struck down by Judge Bernard Friedman, couples who rushed to marry were met with some serious Sixth Circuit sadness. Way to stay and spoil all of the celebrations, judges. [New York Times]
* “We’re not the Cleveland Browns,” says one of Case Western Law’s interim co-deans. With that kind of a glowing endorsement, we don’t see how this law school could possibly fail. [Crain's Cleveland Business]
* Rutgers Law-Newark has a new low-bono fellowship program “believed to be the first of its kind in the nation.” Some other law schools might have a bone to pick about that statement. [New Jersey Star-Ledger]
The defendants’ appeal brief is a gaunt, pathetic document (there is no reply brief). Minus formal matter, it is only eight and a half pages long. Brevity is the soul of wit, and all that, but still: the first seven and a half pages are simply a recitation of the history of the Georgia lawsuit, the settlement negotiations, and the present suit, along with questionable and irrelevant facts; and the tiny argument section of the brief — 118 words, including citations — states merely, without detail or elaboration, that the defendants do not possess the settlement funds and therefore can’t restore them.
People can be so unreliable. Especially if those people are Biglaw litigators in a high-stakes intellectual property dispute. With a scheduling order set months in advance, with no warning as to the volume of disagreement, these lawyers dumped “joint” pretrial filings “so rife with disputes that the documents amount to two separate proposals” and a metric tonne of motions on the court to resolve in two weeks.
Scratch that. With less than two weeks, because they filed all this late. Oh, and they filed a bunch of them redacted and under seal without permission, just for good measure.
If that would make you a very angry judge willing to rip both sides for posterity, you wouldn’t be alone….
The first rule of state court is: you do not talk about state court.
* Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]
* From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]
* In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]
Staci here. We’re sure many of you have applied to clerk for or have actually clerked for federal appeals court judges. We’re sure that waiting for a response after you submitted all of your paperwork was simply agonizing.
If you got the job, congratulations; we bet you were absolutely elated. If you got rejected, you might have been disappointed. But if you got a rejection letter like the one we’re about to show you, you must’ve been downright, well, confused. While we’ve seen the good, the bad, and the ugly in federal clerkship rejection letters — see, e.g., here and here — we’ve never seen anything quite like this before.
This is something we think you’re going to want to take a look at. Call it “rejection via resignation”….
So federal judges should be keenly interested in the insights of young legal minds — especially minds being cultivated at the Yale Law School, the nation’s #1 law school (according to both the U.S. News rankings and the Above the Law rankings). Right?
Well, just because a judge wants your advice as a law clerk doesn’t mean he wants to hear from you as an expert witness. A current Yale law student recently learned this lesson the hard way….
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: firstname.lastname@example.org.
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.