Jed Rakoff

A couple of interesting things have happened since we started doing Comment of the Week:

1) Some commenters have raised their game.
2) None of the winners have claimed their T-shirts.

They’re really good T-shirts, people! Cotton. Classy. Hand stitched by Cooley grads. Win one and you’ll see.

This week, I decided to simply take the most liked comment from the most commented story. Occasionally, even a whimsical comment authoritarian should give the people what they want….

double red triangle arrows Continue reading “Comment of the Week: There Was No Contest”

Judge Jed Rakoff

It is commonplace for settlements to include no binding admission of liability. A settlement is by definition a compromise. We know of no precedent that supports the proposition that a settlement will not be found to be fair, adequate, reasonable, or in the public interest unless liability has been conceded or proved and is embodied in the judgment. We doubt whether it lies within a court’s proper discretion to reject a settlement on the basis that liability has not been conclusively determined.

Having considered the various explanations given by the district court for its refusal to permit the settlement, we conclude that the S.E.C. and Citigroup have a strong likelihood of success in their joint effort to overturn the district court’s ruling.

– A panel of the U.S. Court of Appeals for the Second Circuit, in a per curiam opinion granting a stay pending appeal in the SEC’s case against Citigroup.

(A quick refresher on this case, after the jump.)

double red triangle arrows Continue reading “Benchslap of the Day: Second Circuit Rebukes Rakoff”

* Due process, judicial process, yeah, yeah, same difference. Not so, says Attorney General Eric Holder — especially when it comes to assassinating killing Americans abroad. [Blog of Legal Times]

* Now that BP has settled claims made by private sector plaintiffs, state and federal government lawyers are getting ready to wait “months, not weeks” for their new trial date. [Financial Times]

* Newt Gingrich wants his “Eye of the Tiger” copyright infringement suit to be dismissed. Listen, judge, if he can’t play this song, we won’t get our moon base or cheaper gas. [The Caucus / New York Times]

* As if being a Mets fan wasn’t bad enough on its own, Judge Jed Rakoff has struck again. He refused to dismiss Irving Picard’s lawsuit, and now the team’s owners must go to trial over millions. [Businessweek]

* Lawyers from Milberg will be joining Paul Ceglia’s legal team. They must not have checked this dude’s Facebook timeline — this is the the fifth firm to sign up for a Gibson Dunn sucker punch. [Bloomberg]

* Thanks to a decision by a three-judge panel of the Ninth Circuit, Jared Loughner will continue to be forcibly medicated. What better way to restore him to competency than to shove pills down his throat? [Reuters]

Where would lawyers be without open (and absurdly expensive) access to Westlaw and Lexis-Nexis for legal research? They’d have to trudge down to the closest law library and read real books made of paper. They’d have to head over to the courthouse and pull actual files with non-electronic documents inside of them. In a time where legal texts are used solely for decorative bookshelf purposes, that is just too much to ask.

But that is the behavior that two lawyers would expect of their professional colleagues. As we mentioned in Morning Docket, they claim that the legal database providers have been engaging in “unabashed wholesale copying of thousands of copyright-protected works created by, and owned by, the attorneys and law firms who authored them.”

Do they have any chance of winning their class action copyright suit?

double red triangle arrows Continue reading “Lawyers Sue Westlaw, Lexis-Nexis for Copyright Infringement”

* Rick Perry’s motion for a temporary restraining order over the printing of Virginia’s primary ballots without his name on them has been denied. Damn all of those unelected, activist judges! [Bloomberg]

* Jed Rakoff isn’t the only one with cojones big enough to challenge the SEC. Wisconsin Judge Rudolph Randa fell right in line, and cited the controversial Citigroup case as precedent. [New York Times]

* Looking for ways to lower your law firm’s operating expenses in 2012? Here are some suggestions for Biglaw firms. At least they deal with technology, not layoffs. [Law.com]

* Long, hard litigation: a Los Angeles city attorney would like to pull out of a ballot measure that requires porn stars to wear condoms while filming before people start suing. [Los Angeles Times]

* Do you want to think about babies when you’re being served at a strip club? Didn’t think so. This pregnant waitress is suing over being demoted, and then fired by the Hustler Club. [Gothamist]

* Grumpiest old man: at almost 100, an Italian man is set to become the world’s oldest divorcé. Hope he had a prenup (even though they probably didn’t exist back then). [Herald Sun]

* Pizza, beer, and hot chicks: what’s the problem? A lawsuit over the “hot chicks.” A former bartender says he was replaced in favor of hotties, and now he wants justice (and money). [11 Alive News]

* How many of these suggested New Year’s resolutions should the members of the Supreme Court consider following? Eight out of ten resolutions wouldn’t be too shabby. [Huffington Post]

* Like a virgin, detained for the very first time: thanks to this court order, Egypt will be forced to come out of the dark ages and ban virginity tests for female detainees and military prisoners. [CNN]

* Oh, hell no. Judge Jed Rakoff issued an order 78 seconds after the Second Circuit decided to delay the SEC’s Citigroup case. His pimp hand is strong (which is impressive!). [WSJ Law Blog]

* As an attorney, you should know that the law stops for no one, not even Santa Claus. Major deals in Asian markets kept many Biglawyers working hard this holiday season. [Am Law Daily]

* Social media subpoena fail: “Haha. Boston PD submitted to Twitter for my information. Lololol? For what? Posting info pulled from public domains? #comeatmebro” [Boston Herald]

* 2011 didn’t bring us a white Christmas, but New Yorkers are still pissed about the Great Blizzard of 2010. The trapped A-train passengers have finally brought suit against the MTA. [New York Post]

* A former stripper is suing a police officer for allegedly stealing money from her purse. This girl fit $714 in dollar bills in a small, Coach bag? That’s actually a real accomplishment. [ABC News]

* It’s been seven hours and fifteen sixteen days, since you took your love away. Nothing compares to a Vegas wedding, because Sinead O’Connor’s marriage is already over. [Los Angeles Times]

* Seriously? We’re still deporting gay people who are married? Are there really people who are still in favor of this policy? [Stop the Deportations]

* On the upside, these shoppers can now literally say they got somebody a gift over that man’s dead body. [Huffington Post]

* When did Jed Rakoff become so godlike? [WSJ Law Blog]

* Christmas gifts that you’ll only like if you are a lawyer and already have an iPad. [Constitutional Daily]

* Is your job more interesting than soap for your hair? [Ross's Law Marketing Blog]

* I like the suggestion, by Professor Frank Pasquale, that firms are pushing the “useless first-year” meme to maximize their profits. If true, we should see a bunch of talented first years opening their own shops in 3…2…1… [Balkinization]

Fortunately, you gave me so much paper. Otherwise, I would have had to watch a Mets game, which would have been a very painful process.

– the eminently quotable Judge Jed Rakoff (S.D.N.Y.), praising the thorough briefing by lawyers involved in the legal battle between the Bernard Madoff trustee, Irving Picard, and the owners of the New York Mets, Fred Wilpon and Saul Katz.

Not only am I dismissing your case — WITH PREJUDICE — but I am also referring you to the grievance committee, and will personally recommend that you are sanctioned. You lied to this Court, and that will not be countenanced. Now please leave my courtroom.

Judge Jed Rakoff, benchslapping (as reported by an ATL reader who witnessed Judge Rakoff in action for the first time, from the safety of the gallery).

It’s time for a brief postscript on one of this month’s juicier (and well-trafficked) stories: the dismissal of three women associates from litigation powerhouse Boies Schiller. We have a few additional tidbits that we can share with you.

But this is probably the last story we’ll be doing on this drama, since we don’t expect anything else to emerge. One piece of information we’ve received is that the associates were offered severance pay — “very generous” severance, in the words of one source — but had to release any claims against the firm in exchange. All three took the deal, including the expectant mother. So don’t expect any “Aaron Charney for pregnant women”-type lawsuits.

What other details can we reveal about the situation?

double red triangle arrows Continue reading “The Boies Schiller Three: An Update”

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