* While Chief Justice of the United States John Roberts made a plea to keep funding for the federal judiciary intact, we learned that student loan default cases have fallen since 2011. You really gotta love that income-based repayment. [WSJ Law Blog (sub. req.)]
* Introducing the Asia 50, a list of the largest firms in the Asia-Pacific region. When it comes to the firms with the biggest footprints, only one American Biglaw shop made the cut. Go ahead and take a wild guess on which one it was. [Asian Lawyer]
* Congratulations are in order, because after almost a year of stalling, Arnold & Porter partner William Baer was finally confirmed by the Senate as the chief of the Department of Justice’s Antitrust Division. [Bloomberg]
* Our elected officials might not have allowed the country to fall off the fiscal cliff, but the American Invents Act was put on hold, so if you’re a patent nerd, you can still be mad about something. [National Law Journal]
* In the latest NYC subway shoving death, a woman was charged with second-degree murder as a hate crime, and allegedly bragged about other hate crimes she’s committed to police. Lovely. [New York Times]
* Next time you’re trapped on a plane that’s literally filled with other people’s crap for 11 hours, don’t bother suing over your hellish experience — you’re going to be preempted by federal law. [New York Law Journal]
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.
[UPDATE: Hm...well it looks like everyone in D.C. (including Feinstein herself yesterday) was wrong. So she's sticking with her Intelligence chair. This assignment now becomes something of a "what might have been" exercise) Query: what changed? Why would Leahy not take Appropriations? Was he worried about turning Judiciary over to the more conservative Feinstein?]
Daniel Inouye, the second longest serving Senator in history, died on Monday. Inouye had represented the state of Hawaii in Congress as either a Representative or Senator since… well, forever. Inouye took office the day Hawaii became a state and never stopped. He was also an undisputed badass who wasted a German machine gun nest by prying a grenade from his own partially severed arm and throwing it at a guy trying to kill him! This was a more impressive response to having your arm severed that I would have.
But with the loss of Inouye, the Senate has to find a new chair for the powerful Appropriations Committee. Since the Democrats run on strict seniority, noted Batman enthusiast Patrick Leahy of Vermont jumped at that plum assignment.
And here’s where this all comes back to the law. By taking the Appropriations gig, Leahy had to forfeit his role as chair of the Judiciary Committee. Enter Dianne Feinstein, who will take over as the shepherd of the country’s legal policy making for the next Congress.
* “Maybe in the future you could let us know when something as definite as that comes [at the last minute.]” It would appear Chief Justice John Roberts has yet again been angered terribly by a lawyer from the Department of Justice over policy changes. [CNN]
* G’day, mate! Perhaps Peter Kalis was telling the truth about his firm, because everything really is great at K&L Gates after last night’s announcement. Partners at the Biglaw firm just approved a merger with Australian firm Middletons. [WSJ Law Blog]
* The commission overseeing the revisions to Chapter 11 of the Bankruptcy Code will focus their energies on labor and benefits. Aww, how nice of them to think of the little people. [Thomson Reuters News & Insight]
* The suit over job stats against Thomas Jefferson School of Law lives to fight another day. The school was “disappointed,” but probably not as disappointed as the students it allegedly duped. [National Law Journal]
* And speaking of disappointment, people are still pissed off about Case Western Law Dean Lawrence Mitchell’s defense of going to law school, aka “a full-throated defense of the indefensible.” [New York Times]
* If you’ve made a mistake on your law school application, fret not, because there’s a way to correct it. (Note: some would say the real mistake was applying in the first place.) [Law Admissions Lowdown / U.S. News]
* Another day, another lawsuit filed against the much-sued and oft-creepy Dov Charney. This time, an ex-store manager alleges the American Apparel CEO choked him out and tried to rub dirt in his face. [Huffington Post]
* Chief Justice John Roberts gave a Solicitor General’s Office attorney a vicious tongue-lashing for failure to be upfront about policy changes between presidents. Now that’s what we’d call a verbal benchslap! [Thomson Reuters News & Insight]
* When asked if they’d be following Cravath’s bonuses, a dozen Am Law 100 firms didn’t even care to respond or discuss the matter. It seems the partners would rather keep their associates squirming with suspense a while longer. [Am Law Daily]
* Watch out, world, because Catholic University of America just hired a Biglaw senior partner to lead its law school. Say hello to Dean Daniel Attridge, formerly managing partner at the D.C. office of Kirkland & Ellis. [National Law Journal]
* A federal judge ordered tobacco companies to disclose in product warnings that they chemically induce smoking addictions to turn a profit, but those fools will keep puffing their cancer sticks anyway. [WSJ Law Blog]
* This just in from Flori-duh: you know you’re probably going to have a bad day in court when the judge won’t declare a mistrial even though the prosecutor technically wasn’t a member of the state Bar. [Miami Herald]
We know what you must be thinking: how could the Chief Justice of the United States have anything in common with the woman who wrote and starred in Girls, the overtly sexualized hit series on HBO? Chief Justice John Roberts thinks that corporations are people whose money talks, while Lena Dunham often appears naked on the small screen while contemplating raunchy sex acts. The pair seem like complete opposites — but as we know from that fabulous Paula Abdul song, opposites sometimes attract.
As it turns out, Chief Justice Roberts and Dunham were both big hits this year with liberal thinkers. Yes, you read that correctly. Roberts, once a bastion of conservative hope, is now being praised as a liberal hero alongside a woman who starred in an Obama ad that likened first-time voting to losing one’s virginity.
They’ve even been named on a few year-end lists together. Let’s check them out….
* In light of Chief Justice Roberts’s historic vote to uphold Obamacare, should we expect JGR to be more liberal going forward? According to Jeffrey Toobin, author of The Oath (affiliate link), “Do not expect a new John Roberts. Expect the conservative he has always been.” [Talking Points Memo via How Appealing]
* “[A]ny robot or high school graduate can calculate numbers in a matrix to arrive at the highest possible sentence. But it takes a Judge — a man or woman tempered by experience in life and law — to properly judge another human being’s transgressions.” [Justice Building Blog]
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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 six years. You can reach them by email: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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