The fate of the billable hour, how small firms can compete with large ones, the evil of profits per partner, and more.
* The Sixth Circuit, in an opinion by Judge Jeff Sutton, just upheld four states’ bans on same-sex marriage. Next stop, SCOTUS? [BuzzFeed]
* JPMorgan Chase really doesn’t want people to hear this woman’s story. [Rolling Stone]
* Dating site busted for sharing users’ STD info. [Slate]
* If you’re opting for a life of crime, dream bigger. [Legal Juice]
* There’s a patent on filming yoga classes. So class, you’re going to transition from “downward dog” to “shameless patent troll.” [Lowering the Bar]
* The continued existence of Thomas Jefferson School of Law has spawned so many good lines. The Times compared the school to Dracula. Now Steven Harper describes it as “throwing furniture into the fireplace to keep the house warm.” [TaxProf Blog]
For about the 40th time in the last five years, Kinney Recruiting’s got a team flying to Hong Kong for visits with clients and candidates. Please feel free to reach out to Evan and Robert at email@example.com and set up a meeting with them if you would like to discuss your career and the market.
Would you want to be a part of a program like this if you could?
* CeeLo Green, through his attorney, tells the judge and prosecutors in his criminal case to, um, Forget themselves. He’s miffed that the judge and prosecutors set up cameras during his arraignment and left themselves out of the shot creating a false impression of guilt. This marks the first time this guy didn’t want a camera fixated solely on him. [TMZ]
* Samsung wants a mistrial in its case with Apple because Apple’s attorney, Harold McElhinny, implied in his closing argument that American-made jobs building TV sets moved overseas because companies failed to protect intellectual property. Samsung is arguing that this is racist. [Bloomberg]
* Remember the matter of the attorney supposedly stalking a jury? Well, the judge has overturned the verdict over it. [Courthouse News Service]
* A week in the life of a Biglaw litigation associate. It’s a decent list, but where were the Thursday Night Football and Netflix? You’ll see what I mean in the next story. [Big Law Rebel]
* JPMorgan is awfully sorry for making the conscious decision to sell toxic securities that helped destroy the economy. “Our bad, y’all!” [Gawker]
* The justices who penned Bush v. Gore shamelessly admitted how terrible the decision was by trying to claim it had no precedential value. Unfortunately, no one listened to them. [Mother Jones]
* In addition to the many law firms that are contributing to Typhoon Haiyan relief efforts, several Asian-American lawyer groups are organizing a fundraising event this coming Monday. If you’re in New York, please consider attending! [Facebook; AABANY]
* In sad news, the son of Ninth Circuit Judge Jay Bybee shot and killed himself in the courtyard of the LDS Temple in Henderson, NV. Our thoughts are with Judge Bybee and his family. [Las Vegas Review-Journal (gavel bang: Las Vegas Law Blog)]
* A Texas court overturned Tom DeLay’s conviction on money laundering charges. DeLay immediately thanked Jesus, who played an instrumental role in the three judge panel’s deliberations. [New York Times]
* Eric Holder has eliminated mandatory minimum sentences for those low-level nonviolent drug offenders whose cases are currently pending. In related news, here is a cow riding a razor scooter. [Washington Post]
* This says J.P. Morgan actually did just fine in their settlement with the Securities and Exchange Commission. I get the hugest boner from underdog stories like this one. [WSJ Law Blog]
* A woman has sued Getty Images after her photo was used in an HIV advertisement. She’s apparently holding out for the herp campaign. [New York Post]
* More from Clarence Thomas in Portland: “Why was a black kid in Georgia reading Ayn Rand?” I don’t know. Because he was dumb? [ABC News]
* Fine Print as “Surrealist Masterpiece.” Because sometimes you need legal analysis involving Foucault. [Concurring Opinions]
* Speaking of fine print, the story behind an attack ad in Virginia is all about fine print. Virginia AG Ken Cuccinelli is running an attack ad against Terry McAuliffe connecting him to the collapse of Global Crossing. The problem is the former Global Crossing workers in the ad thought they were talking to a documentary film crew about the company, not making an ad attacking McAuliffe. Should have read that waiver form more closely! [Mother Jones]
* JPMorgan Chase is dropping out of the student loan business. Must be getting too difficult to package likely defaults into some kind of billion-dollar derivative these days. [American Banker]
* A New York attorney candidly tells the world that dealing with his kids “is not my problem” because he has a long-suffering wife for that job. See conservatives, gay marriage hasn’t destroyed all the traditional families. [Dealbreaker]
* More analysis on the legality of intervention in Syria under international law. Welcome to the art of writing listicles, Lawfare! [Lawfare]
* A Q&A with Ignatius Grande of Hughes Hubbard & Reed on the importance of Twitter for clients and law firms. Intriguingly, Hughes Hubbard doesn’t have an active Twitter account. What gives? [Commercial Litigation Insider]
* The NFL’s concussion settlement wasn’t just about screwing over the former players, but about the NFL covering up its business practices. But who cares, KICKOFF TONIGHT Y’ALL! [Grantland]
* We’re not saying you should drop out of school, but if you do, try to make it like these people. Video embedded after the jump. [Bloomberg via YouTube]
* Most folks think the police overreacted by issuing a civil disobedience warning for a 3-year-old girl, but those people need to watch Children of the Corn. [UPI]
* Speaking of the Brits, authorities detained Glenn Greenwald’s partner (interestingly, Greenwald’s partner is named Miranda) for nine hours and “confiscated his computer, phone, camera, memory stick, DVDs and video games” while passing through Heathrow. Wow, this is the sort of thing that might make Greenwald mad at the surveillance state. [ABA Journal]
* A detailed analysis of confidential sources. I’m pointing this out to publicly clarify that ATL keeps its tipsters confidential unless they specifically ask to be cited. So feel free to tip away! [Talking Biz News]
* Tales of Ted Cruz as a young man. So we’re calling parliamentary-style debate “debate” now? OK. [Daily Beast]
* Professor Rick Hasen examines North Carolina’s new voter suppression law and how it proves that the country still needs the Voting Rights Act. [Slate]
* Maybe bar exams should write better questions that actually cover all the material candidates have to learn. Personally, I was just fine not having to memorize a lot about New York commercial paper law. [Ramblings on Appeal]
* The tale of a wealthy couple evading the law. The article describes the story as an “arthritic version of Steve McQueen and Ali MacGraw in The Getaway, perhaps, moving at nursing-home speed.” Hollywood just found a plot for Expendables 4. [Seattle Weekly]
* The government’s obsession with FCPA enforcement has bit JP Morgan over hiring the children of Chinese officials to woo business. [Dealbreaker]
* Chief Judge Michael P. Mills of the Northern District of Mississippi weighs in on a copyright suit between the estate of William Faulkner and Woody Allen. The judge is apparently not a fan of Sharknado because he has no soul. Video of the quirky conflict after the jump…
* Based on the justices’ reactions during oral arguments in Windsor v. U.S., there was no defending the Defense of Marriage Act. Not even the Paul Clement, the patron saint of conservative causes could save the day. [New York Times]
* Alas, the David Boies and Ted Olson Dream Team stole much of the spotlight from Roberta Kaplan, the Paul Weiss partner who argued on behalf of Edith Windsor in an effort to overturn DOMA. Seriously, you go girl! [WSJ Law Blog (sub. req.)]
* Dude, you’re getting a Dell! Alston & Bird and Kirkland & Ellis are the latest firms to join the Biglaw sharks (including Ho-Love, Debevoise, Wachtell, SullCrom, and Simpson Thacher) circling this major tech buyout. [Am Law Daily]
* It looks like it’s time for JPMorgan to face the music for its investments in Lehman Brothers, because a federal judge just ruled that the bank cannot “dispatch plaintiff’s claims to the waste bin.” [Reuters]
* An alleged killer’s sense of mortality: James Holmes, the suspect in the Colorado movie theater shooting, offered to plead guilty and spend life in prison in order to avoid the death penalty. [CNN]
The adage that law turns slowly does not hold in eDiscovery. This year saw unprecedented sanction awards for falling behind the curve. Courts did not hesitate to engage with advanced and nuanced technological issues. For lawyers and other eDiscovery professionals who plan on maintaining basic competence, these cases and trends shouldn’t be overlooked. For a full exploration of trends and developments in this area of case law, check out this on-demand webinar.
Biglaw, Constitutional Law, Deaths, Department of Justice, Election Law, Federal Judges, Job Searches, JPMorgan Chase, Law Professors, Law Schools, Mergers and Acquisitions, Money, Morning Docket, Musical Chairs, Politics, Privacy, S.D.N.Y., SCOTUS, Supreme Court
* The horror! The horror! Sacrilege! Constitutional law nerds nationwide will weep at the very thought of someone suggesting that our country’s governing document be amended to abolish life tenure for Supreme Court justices. [Los Angeles Times]
* Quite frankly, it’s pretty amazing how quickly the preclearance section of the Voting Rights Act went from being seen by states as something that wasn’t “onerous” to being “arbitrary and burdensome.” That’s politics for you. [It’s All Politics / NPR]
* Jim Woolery, an M&A superstar formerly of J.P. Morgan, has made the jump to Cadwalader after only two years at the bank. Upgrade or downgrade from his Cravath partnership? [Wall Street Journal (sub. req.)]
* Some law professors stop teaching classes to tend to their divorce proceedings, but others law professors teach classes from their hospital beds so their students aren’t thrown to the wolves. [Tex Parte / Texas Lawyer]
* It you want to be employed, make damn sure you nail your interview because “[t]he stakes are higher than ever” — fewer than 13 percent of permanent law jobs were obtained from OCI in 2011. [National Law Journal]
* Greenlight Capital’s case against Apple might have been perceived as a “silly sideshow” by some, but it looks like Judge Richard Sullivan of the S.D.N.Y. purchased front row tickets. [DealBook / New York Times]
* Speaking of silly sideshows, the DOJ recently joined the fray with Floyd Landis and his False Claims Act suit against Lance Armstrong. Perhaps it’s time for the disgraced biker to take his ball and go home. [Bloomberg]
* Alan Westin, privacy law scholar and professor emeritus of public law at Columbia, RIP. [New York Times]
* “This case has nothing to do with the United States.” We’d normally let that slide because of this law from 1789, but now the Supreme Court is suddenly skeptical about the validity of the Alien Tort Claims Act. [Reuters]
* “Why are we being punished for Dewey & LeBoeuf?” Come to think of it, former employees at the failed firm are probably wondering the exact same thing as the fictional characters on “The Good Wife.” [WSJ Law Blog]
* Reduce, reuse, and recycle your claims? New York Attorney General Eric Schneiderman filed suit against JPMorgan, alleging that the bank’s Bear Sterns business defrauded mortgage-bond investors. [Bloomberg]
* A man of many firsts: Randall Eng, the first Asian judge in the state, was appointed to lead New York’s Second Department as presiding justice, the first Asian-American to serve in the position. [New York Law Journal]
* UC Irvine Law is planning a six-week summer camp for in-house counsel. They’re calling it the Center for Corporate Law, but Mark Herrmann’s “General Counsel University” has a nicer ring to it. [National Law Journal]
* Why shouldn’t you get a dual JD/MBA? Because hiding out in school for another year isn’t going to save you from all of the extra debt you’ve incurred earning yet another degree. [Law Admissions Lowdown / U.S. News]
What are the broad outlines of a possible settlement between the Dewey & LeBoeuf bankruptcy estate and former partners of the firm?
How much are Dewey’s bankruptcy lawyers and other advisers charging? And what else is going on in this epic law firm bankruptcy?
Which former Dewey & LeBoeuf partner is now suing ex-leaders of the firm? And what’s the latest news in the firm’s bankruptcy battle?
* Gina Chon, the Wall Street Journal reporter whose sensuous e-mails with Brett McGurk, a U.S. ambassadorial nominee, were released last week, resigned her job at the paper. But temporary unemployment is no match for true love (or super hot sex, for that matter)! [Washington Post]
* UMass Law is now the first accredited public law school in Massachusetts. Thank God, because our law school reserves were running dangerously low. [Boston Globe]
* The attorney for FunnyJunk is totally befuddled by the Oatmeal’s hilarious response to his legal threats, as well as the internet at large’s response to the response. Come on man, loosen up and feel the lulz. [Gawker]
* The Justice Department dropped the remaining charges against John Edwards. That’s an anti-climax for the record books. [WSJ Law Blog]
* Congratulations to Andrew Schilling, the former top civil prosecutor at the Manhattan U.S. Attorney’s office, who is joining BuckleySandler as a partner! [Thomson Reuters News & Insight]
* JPMorgan’s CEO admits, “I was dead wrong.” Congratulations, I hope that makes you feel better. Now why don’t you give us taxpayers all our money back? [Gothamist]
* I get stopped at the airport because some TSA agent thinks my belt buckle looks like a bomb or something, but this guy becomes a commercial pilot??? I just don’t get it. At all. [Wall Street Journal]
* I do not envy the guy who has to explain the $19,000 strip club credit card bill to his wife. [Daily Business Review]
Government work doesn’t pay particularly well. So how can a federal prosecutor afford to live in a $25 million apartment?
What happened at yesterday’s bankruptcy court hearing for Dewey & LeBoeuf? And why does the firm owe more than $400,000 in “severance” to a former associate?