Government

NFL_logo* NFL blackout rules will be a thing of the past on November 24. So just in time for all you rabid Rams fans to watch them play the Raiders. [CommLawBlog]

* Electing judges is so very stupid. [What About Clients?]

* OK, Alex Rich: it’s time to ditch document review and become a psychic. [Law and More]

* A tumblr of offensive stuff overheard at Yale Law. If these are true, then that place sounds horrible. [The YLS Offensive]

* Exactly where is the Arctic National Wildlife Refuge? It turns out the government doesn’t really even know. They’re looking to shift the border and possibly allow more oil drilling. [Breaking Energy]

* How to get your Biglaw career right from the beginning. [Medium]

ClementAfter John Oliver used dogs to create a recap of the Holt v. Hobbs argument, he asked other media outlets to use his raw footage in their own reporting. As much as we enjoyed the subsequent recreation of the entire Hobby Lobby argument with the aid of Oliver’s raw footage, this may be the ultimate realization of Oliver’s dream yet.

Rather than matching the audio of the whole argument uncut, these folks used the footage as part of an otherwise straight-up report on the Court’s shortcomings in addressing technological innovation. And included scenes like the Court’s back-and-forth about whether cutting-edge innovator Aereo operated “more like a car dealership or a valet service” but with the aid of Oliver’s dog footage. Check it out below….

double red triangle arrows Continue reading “SCOTUS Dogs Don’t Understand Aereo Either”

iStock_000014779007_LargeFake stash house robbery cases are a shameful example of the worst of federal law enforcement.

Here’s how they work. An undercover — generally with the ATF — meets someone who has a criminal record (that part becomes important later). The ATF agent tells the person that there’s a stash house out there, and that it has a whole bunch of drugs in it. Also money. It doesn’t really matter how much — the agent can make up virtually any number he wants. Maybe there are 150 kilos of cocaine in there. Maybe a million. It’s whatever the agent thinks he can dream up and sell.

The agent sells the person on the idea that there’s a vulnerability in the stash house and it can be easily robbed. The agent gives the person a car, or guns, or whatever the guy isn’t able to get on his own. He encourages the guy to recruit more people. You need a lot of bodies to rob stash houses that don’t exist.

They plan the robbery. The agent tape records them planning the robbery. Then they strap up to go rob the stash house that the agent made up.

Surprise! The agent arrests the guy and his friends. And it gets worse…

double red triangle arrows Continue reading “Judge Posner and Fake Stash House Robbery Cases; Why Prosecuting Fake Crime Is Bad Policy”

Gilberto Valle: Your new law school classmate?

Gilberto Valle: Your new law school classmate?

* Everyone knows Bingham McCutchen is considering a merger with Morgan Lewis, but not many know bankruptcy may be an option. It’s a remote option, but still an option. [Boston Globe]

* When Kaye Scholer moved offices, it left behind most of its library. “It tells you everything you need to know about law firm libraries”: they’re no longer as necessary as before. [New York Times]

* Everyone loves the Sixth Amendment: Thanks to money from Koch Industries, the National Association of Criminal Defense Lawyers will offer better indigent defense training. [WSJ Law Blog]

* The judge in Adrian Peterson’s case won’t be replaced, despite the fact that he called the lawyers involved in the case “media whores.” Meh, Peterson’s attorney says he’s been called worse. [Bloomberg]

* Gilberto Valle, better known as the “Cannibal Cop,” really wants to go to law school. He’s apparently scored quite well on LSAT practice tests. Do law school ladies look delicious or what? [New York Post]

41YtD+ApH+L* A Saul Goodman Bobblehead. You know you want it. [Amazon (affiliate link)]

* It looks like that Jimmy John’s non-compete agreement we reported on is going to spawn a congressional inquiry. [Huffington Post]

* His dreams of becoming a solicitor were sidetracked when he was “jailed for slapping a sleeping woman in the face with his penis while a friend filmed it on his phone.” Well, yeah that’ll happen. [Daily Mail]

* A bunch of Blackwater guys got convicted. It did astoundingly little to fix the “hiring unsupervised mercenaries” thing. [Redline]

* The final report, drafted by Cadwalader, reveals that UNC’s African and Afro-American Studies department was basically a sham to keep athletes academically eligible. For almost 20 years. I don’t get it, I mean, UNC wasn’t even good for most of those years. [Deadspin]

* Apparently it’s frowned upon for prospective judges to say that someone “would prefer to see [my opponent] remain on the bench since [she] would allow him to have unsupervised visits with his own daughter, in spite of the evidence.” Good to know. [The Times-Picayune]

* Bob Ambrogi interviews David Lat about lawyers and social media. [Legal Talk Network]

* Hey NYC law community! The Young Professionals Leadership Council is throwing a prom at 230 Fifth to raise money to cure Cystic Fibrosis. So break out your formal wear and try to get through this prom without puking out of a limo window. All for a good cause. [Cystic Fibrosis Foundation]

* Former Washington Post editor Ben Bradlee passed away yesterday. Bradlee may be most famous for his role in pursuing Watergate, but fighting the Pentagon Papers case all the way to the Supreme Court helped shape First Amendment law in the latter half of the 20th century. [What About Clients?]

steak beef meat steakhouse

[R]eading the record with just a dash of common sense tells us that chefs who happen to be American citizens surely have the capacity to learn how to cook Brazilian steaks and perform the relevant related tasks. To maintain otherwise, as Fogo de Chao does, is to imply that Brazilian chefs are essentially born with (or somehow absorb during their formative years) a cooking skill that cannot be acquired through reasonable training, which seems an entirely untenable proposition.

– Judge Brett Kavanaugh (D.C. Cir.), dissenting in an interesting case regarding whether certain foreign chefs can qualify for the L-1B visa, granted to workers with “specialized knowledge.” Why does this feeder judge hate… food?

US-Flag-Grouping

Last Friday, in the wake of numerous data breaches, President Obama signed a new Executive Order that will change how federal agencies use payment cards and allow access to certain government portals. Those changes include the adoption of chip-and-PIN (also known as EMV) payment terminals and cards, and the implementation of multi-factor authentication on digital applications where consumers can access personal information.

double red triangle arrows Continue reading “Chip-and-PIN is Coming…To the US Government”

Canada View From Up North Many judges suffer from a grave condition called T.S.S. (Tightened Sphincter Syndrome). You don’t have to conduct an intimate examination of a judge’s nether regions to determine if he/she has T.S.S. You can pretty much guess from the symptoms: constant grumpiness, a dour expression, words chosen to make onlookers feel the immense gravity of court proceedings, decisions pronounced as if only a fool would dare appeal them, etc., etc.

Sadly, T.S.S. is not fatal, but it does make everyone who comes into contact with an infected judge feel flu-like symptoms.

Justice Joseph Quinn of the Ontario Superior Court of Justice does not suffer from T.S.S. Whatever the opposite of T.S.S. is, this dude (and I say “dude” with the highest respect) has it. Take this sentence from his epic ruling in The Hearing Clinic (Niagara Falls) Inc. v. 866073 Ontario Limited: “Fridriksson has taken everyone on a hideously time-consuming and obscenely expensive journey down his private yellow brick road to the outskirts of the Emerald City where, it appears, he has a residence. It was not a worthwhile adventure.”

Find me another judge who invokes The Wizard of Oz to stick a broomstick up a deserving plaintiff’s butt. This case is delicious for so many reasons….

double red triangle arrows Continue reading “The View From Up North: Funny Judge”

Alito* That didn’t take long. John Oliver’s Supreme Court dogs have already been used to recreate Hobby Lobby. The entire Hobby Lobby argument. [Above the Law]

* Squire Patton Boggs is representing the pharmaceutical company promoting Ebola drugs. Or, as CNN would put it, EVERYONE AT SQUIRE PATTON BOGGS HAS EBOLA!!!! [Law and More]

* China Central Television advises citizens not to name themselves “Lawyer.” Good advice. [CCTV News]

* Slate posits that appealing gay marriage decisions to the Supreme Court may violate Rule 11. They’re wrong, but that’s what they’re positing. [Slate]

* Dr. Ruth is incredibly impressive. Next time you complain about the job market, try moving somewhere with no understanding of the language and getting your own TV show. [What About Clients?]

* Documentary about eDiscovery going on a six-city tour. This way other people can understand how much it sucks to do document review. [Bloomberg BNA]

* UC Hastings students are protesting their own graduation. [Change.org]

* Judges are an autocratic lot, and as long as we inflate the criminal justice system, many of them will be subpar and autocratic, which is an unfortunate combination. [Katz Justice]

* A man arrested for a carjacking and shooting up an apartment last week is — per our sources — a law student at Florida Coastal. Probably testing out the Crim issue spotter. [News4Jax]

* Are lawyers the new dentists? Or something like that. [TaxProf Blog]

* Man attempting suicide by cop told detectives he’d wanted to be killed and was disappointed in the officers’ marksmanship. [Seattle Times]

600px-US-SecuritiesAndExchangeCommission-Seal.svg

As reported this week by Law360 (subscription required), the Financial Industry Regulatory Authority (FINRA) recently issued a reminder (Regulatory Notice 14-40) warning firms against the use of confidentiality provisions in settlement agreements that prohibit or otherwise restrict customers or anyone else (such as current employees) from communicating with the Securities Exchange Commission (SEC), FINRA, or any federal or state regulatory authority regarding a possible securities law violation.

double red triangle arrows Continue reading “FINRA Again Cautions Against Confidentiality Provisions Silencing Whistleblowers”

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