These are trying times for clerkship applicants. The Law Clerk Hiring Plan is pretty much dead, at least in its strictest version, and it seems like every judge is going his or her own way.
The best applicants can hope for, in the absence of any standardized approach to law clerk hiring, is transparency. Ideally judges should provide clear and comprehensive information about their own particular approaches to hiring clerks. Thanks to this nifty thing called the internet, it’s not that hard.
As in many things, the Southern District of New York provides a model for other courts to follow….
The trustee… having for more than three years issued empty threats to seek a halt to the attorney general’s suit, has lost his right to complain. Even on the merits, moreover, his bluster proves to be without substance.
* “I don’t believe judges should be filibustered.” Tell that to the rest of your Republican pals, Senator Hatch. D.C. Circuit nom Sri Srinivasan faced little drama at the Senate Judiciary Committee yesterday. [Bloomberg]
* A bipartisan gun regulation deal has been reached in the Senate, and of course the NRA is opposing it — well, except for the parts that expand gun rights. The group really likes those parts. [Washington Post]
* Trolling for patent partners? Bingham recently snagged five IP partners from DLA Piper’s Los Angeles office, including the former co-chair of DLA patent litigation department. [Thomson Reuters News & Insight]
* Time well spent: while Detroit hangs on the precipice of bankruptcy, local politicians are worrying about whether retaining Jones Day poses a conflict of interest for their emergency manager (Kevyn Orr, formerly of Jones Day). [Am Law Daily]
* NYLS — or should we say “New York’s law school” — is revamping its clinical program to kill two birds with one stone (e.g., fulfilling pro bono hours and boosting job prospects). [National Law Journal]
* For all the talk of his being a hard ass, Judge Rakoff is a nice guy after all! The judge gave an ex-SAC trader permission to go on a honeymoon after his release from prison. [DealBook / New York Times]
* If you’ve ever wondered how Lat spends his free time, sometimes he’s off writing book reviews for distinguished publications. Check out his review of Mistrial (affiliate link) here. [Wall Street Journal]
* “Lindsay Lohan is the victim.” What the Heller you talking about? LiLo’s lawyer thinks there’s a conspiracy among the prosecutors on her case that’s resulted in leaks of information to TMZ. [CNN]
* This guy could teach a master class in how to stand by your (wo)man. Mary Jo White’s husband, John White, will relinquish his equity partner status at Cravath upon her confirmation as the head of the Securities and Exchange Commission. [Am Law Daily]
* Macho, macho man: it looks like we’ll never know if Dechert actually has a “macho culture,” because the FMLA and paternity leave case that questioned the very existence of this Biglaw subculture was settled out of court. [National Law Journal]
* Why you gotta go and ruin Valentine’s Day for everyone at O’Melveny and Akin Gump? Apple’s request to speed up the Greenlight Capital case was approved, with arguments now scheduled for February 19. [CNET]
* Despite her nomination being crapped on by the Senate, Jenny Rivera, the CUNY School of Law professor, was recently confirmed as an associate judge of the New York Court of Appeals. [New York Law Journal]
* “Behold, the instrument of your liberation!” Survivors of the Aurora movie massacre are being harassed by conspiracy theorists, and the DA asked the judge to scrub their names from the record. [Courthouse News]
You don’t want to live in a town where the police and the mob work together.
In a completely unrelated note, today the Second Circuit heard arguments from the SEC — the federal agency statutorily charged to enforce the nation’s securities laws — and Citigroup — a company targeted for securities laws violations that it refuses to admit or deny committing — on the SAME SIDE.
This should be a red flag.
They wanted the Second Circuit to spank Judge Jed Rakoff for having the audacity to ask the SEC to kindly do its job. The nerve of some people.
Well, securities law may not be as sexy as drone strikes, but I watched the SEC try to pull off just as naked an executive power grab.
The year is quickly drawing to a close, but we have unfinished business to conduct here at Above the Law. Come on, people, we still have to crown our Lawyer of the Year for 2012.
Thank you to everyone who responded to our call for nominations, in the comments or via email. We’ve narrowed down the nominees to a field of nine (although you’ll see only eight options in the poll because one is a joint nomination). As in past years, the contenders run the gamut from distinguished to despicable.
It’s time to announce the winner of July’s Lawyer of the Month competition. Last month, we had a potpourri of lawyers allegedly behaving badly for readers to choose from. In the end, there was one clear winner, who stole more than 50 percent of the total vote.
Let’s find out who took home the honorific of Lawyer of the Month — and while we’re at it, let’s pray that she doesn’t sue us. Noticing a trend here, readers? Our LOTM winners sure are overly litigious….
There are wiser career moves than suing the U.S. Marshals.
Do you remember Benula Bensam? You probably don’t. She was the student at Cardozo Law School who spent part of her summer watching the Rajat Gupta trial. She was reprimanded for sending notes to Judge Jed Rakoff (S.D.N.Y.), including some that questioned Rakoff’s rulings. Such behavior could be seen as an attempt to improperly influence a judge, and so Rakoff had the U.S. Marshals bring her before him, and he told her to cut it out.
Yeah, you remember her now. It was a humorous story about a law student who was maybe a little bit overzealous.
But now Bensam is taking things to the next level. Instead of quietly learning her lesson and getting ready for next semester, the Cardozo student has decided to sue a whole slew of people. She claims that U.S. Marshals didn’t return her cell phone — before they returned her cell phone — and so she’s suing the Marshals, courthouse security, the U.S. Attorney for the S.D.N.Y., and several other defendants. In the process of suing, she’s also revealing how she had what I’d call a bit of a nutty outside the courthouse.
This complaint is just going to do wonders for her Google footprint….
* Have you ever wondered why Justice Clarence Thomas hasn’t spoken during oral arguments before SCOTUS in more than six years? It’s probably because he hates them so much that he thinks we should “do away” with them entirely. [Charlotte Observer]
* Former Solicitor General Paul Clement, he of unparalleled oral advocacy skills, claims that there’s “no magic formula for time management” — but having a superior legal mind certainly helps the situation when preparing for argument. [Appellate Daily]
* It’s “highly likely” that Rajat Gupta will won’t take the witness stand to testify in his own defense at his insider-trading trial. Query what Benula Bensam would have written to Judge Rakoff about that. [Los Angeles Times]
* If you’re thinking of hopping on the “blame the ABA” bandwagon in defense of your employment statistics, think again. A federal judge rejected Cooley Law’s argument on that front last week. [National Law Journal]
* Meanwhile, Cooley “isn’t interested in reducing the size of its entering class on the basis of the perceived benefit to society,” but at least ten other schools will be reducing class sizes. [Wall Street Journal (sub. req.)]
* A judge denied Jerry Sandusky’s motion to dismiss the charges against him. The former football coach clearly needed 1-800-REALITY check if he seriously thought that his request was going to be granted. [CNN]
* If you’re planning on living rent-free in New York City for almost a decade, make sure you’re doing it in a building that isn’t up to code. You’ll never be evicted thanks to this Court of Appeals ruling. [New York Times]
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: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.