* “What about devil worshippers?” Justice Scalia may think Satan’s gotten “wilier,” but that doesn’t mean his supporters don’t deserve religious representation in their public meetings. [WSJ Law Blog]
* Speaker of the House John Boehner says that if the Employment Non-Discrimination Act passes, tons of lawsuits will be filed — except that hasn’t happened in states with similar laws. Oopsie… [Reuters]
* Judge Shira Scheindlin isn’t going to just sit there and allow herself to be kicked off the stop and frisk case. In a rare move, she asked the Second Circuit to reverse its ruling and reinstate her. Go girl! [Reuters]
* Quinn Emanuel is welcoming a frequent firm-hopper (from Sidley to Clifford Chance to Cleary Gottlieb) into its ranks in D.C. to join Weil defectors Mike Lyle and Eric Lyttle. Best of luck! [Am Law Daily]
* Gibson Dunn scooped up Scott Hammond, a longtime leader of the Department of Justice’s Antitrust Division. Query just how large the dangling carrot at the end of the firm’s stick was. [Blog of Legal Times]
Dean Mitchell and the university haven’t commented much on the allegations of Professor Raymond Ku’s complaint (which was recently amended to add some juicier allegations). The university did issue a statement denying that retaliation occurred, and the dean told the Case community to keep calm and carry on.
To make that process easier, he’s stepping away from his deanly duties for a time. Let’s check out his announcement….
(Please note the UPDATE added at the end of this post.)
* “I Love Boobies” case may go to the Supreme Court. [Jezebel]
* Law firms are warning clients to beware of “Misclassification Creep” which is a “threat” to many businesses. Yeah, it’s a real shame that employees might start getting paid what they actually earn. [Corporate Counsel]
* Recurring ATL subject, Caskers craft spirits retailer, has been sold to Anderson Press. [Pandodaily]
* Meanwhile, another legally related business has raised a total of $850,000. Hopefully they can use some of that to make another hilarious commercial. [Techcrunch]
* Here are 10 things every new lawyer should do right now. Shorter version: start puckering up. [The Careerist]
* In horrible news, a missing Wayne State law student was found dead. [Detroit Free Press]
* A former Biglaw, current Midlaw associate has written a book and created this trailer to promote it. What if a sex toy manufacturer became a patent troll? Video embed after the jump…
Anyone who has ever worked with an expert witness understands the cardinal rules of the process. The expert must provide a truthful, considered opinion. As part of that, the expert needs to have a complete picture of the circumstances he or she is asked to evaluate and the expert has to be prepared to defend his or her conclusions on cross-examination. Experts are supposed to assist the fact-finder, not provide disingenuous opinions for a quick buck.
Attorneys aren’t required by Rule 26 to disclose communications with experts that are not expected to testify, but what about experts that the lawyers intended to call as witnesses and then decided against producing? Do they get magically transformed into “trial preparation experts” as soon as they render unfavorable opinions? One major firm has not only withheld unfavorable expert reports from the other side under this logic, but made a decades-long practice of it.
The firm characterizes their practice as “aggressive.” Judges have called it “deceitful, dishonest” and “an affront to justice that simply cannot be tolerated.”
In all seriousness, the twisted tale of decades of withholding evidence from dying victims is the worst thing you’ll hear about all day….
Case Western is a prominent and well-ranked law school, #68 in the latest U.S. News rankings. It didn’t make the ATL Law School rankings, which stop at the top 50, but Case Western alumni give their alma mater a solid B-plus, as you can see from the school’s ATL Career Center profile.
But Mitchell’s fame comes less from Case Western and more from his national profile as a defender of legal education. Last year, he wrote an op-ed for the New York Times, Law School Is Worth the Money, that went viral.
Critics of Mitchell’s piece, including my colleague Elie Mystal, accused the dean of screwing over his students. Case Western charges tuition of almost $50,000, but less than 50 percent of its graduates secure full-time, long-term employment as lawyers, according to Law School Transparency.
Today Dean Mitchell is back in the news. A lawsuit filed this morning alleges that he screws his students more literally….
(See the UPDATE added below for the university’s response to the complaint.)
* Shine bright like A. Diamond: Howrey’s bankruptcy trustee has secured yet another multimillion dollar settlement for the defunct firm from places like Covington, Kirkland, and Shearman. [Am Law Daily]
* If for some reason you’re still shocked that GCs are breaking up with their Biglaw boyfriends, here’s some additional info on why corporate clients are moving from Biglaw to “big enough” law. [Corporate Counsel]
* Man, this LL.M. program seems like the best of both worlds for foreign students. They can learn U.S. law without ever being with stepping on U.S. soil. Thanks USC Law! [National Law Journal]
* Three more states could legalize gay marriage by the end of the year, making the marriage equality movement 17 states strong, plus D.C. Here’s to an extra fabulous new year. [GovBeat / Washington Post]
* Law firm Halloween party advice. I disagree with some of this — my “Sexy John Marshall” costume was always a hit. [Greedy Associates / FindLaw]
* The Supreme Court is expected to review a 10th Circuit decision holding that corporations are people and can exercise religious rights. Hopefully the Supreme Court stops this madness before my cable company has the right to bear arms. [Constitutional Accountability Center]
* Governor Chris Christie has dropped his appeal of the New Jersey court decision authorizing same-sex marriage. He finally worked out that his own homophobia wasn’t worth being on the wrong side of 61 percent of Jersey voters. [Politico]
* California is tightening up its Workers’ Comp rules for former professional athletes. From now on, injured ex-jocks need to prove a more significant tie to the state to collect compensation. This presents a problem for a lot of former football players who now have to admit they played for the Raiders. [The Legal Blitz]
* Judge Smith of the New York Court of Appeals gets a scathing open letter. It’s fun when lawyers go “Flame On!” toward judges they might eventually be in front of. [New York Personal Injury Law Blog]
* Governor Rick Snyder is asking a judge to drop her request to see unredacted copies of internal emails about the search for the Detroit emergency manager. Because nothing seemed sketchy about employing a law that had been specifically repealed by Michigan voters to overturn the democratically elected leadership of a major metropolis to install a partner from a firm that just so happens to get chosen as bankruptcy counsel, earning a ton of fees from the whole affair. Nothing at all. [Detroit News]
* Guy sues Apple because he hates iOS 7. Not the dumbest suit ever brought against Apple. [BGR]
* Entertainment lawyer Harry M. Brittenham moonlights as the author of graphic novels. A lawyer writing comic books may sound like a guy living in his mom’s basement, but he’s actually married to Heather Thomas from The Fall Guy. [New York Times]
* Former top Pentagon lawyer Jeh Johnson previously told us he was done with public service, but when the president asks you to join the Cabinet, it’s kind of hard to say no. Plus this Paul Weiss partner is filthy rich, so he can secure our Homeland any day. [Washington Post]
* Earlier this year, Gibson Dunn appointed a seventh-year associate as the firm’s first ever global pro bono director. We wish her the very best of luck as she tries to make lawyers do work for free. That can be a really tough sell in Biglaw. [Am Law Daily]
* Law school rankings existed long before U.S. News was even conceived of, and they broke schools into two lists: those that matter, and those without the “slightest significance.” Sick burn. [National Law Journal]
* Arizona Law alumni really don’t need to worry themselves about the fact that the school’s servers were hacked. Come on, your credit couldn’t be much worse than it already is with all that debt. [KVOA News 4]
* Lady Gaga is nearing settlement with a disgruntled ex-employee, which is too bad, because we were dying to see her get on the stand. The dropping of F-bombs would’ve been fabulous. [New York Post]
I think we all saw this day coming. Supreme Court Justice Samuel Alito certainly did. Last term, Alito’s holding in Vance v. Ball State essentially announced that it was open season on women you work with as long as you are not their direct superior. Thanks to “Alito time,” you can now sexually harass pretty much any woman at the office so long as she doesn’t directly report to you, without getting your employer in trouble.
And sure, while it might be fun to sexually harass your boss’s secretary, asking female colleagues to “touch it” is not without its dangers. In this crazy world, the female object of your desire might one day become your boss, or something similarly ridiculous. And who really wants to feel up a career-oriented co-worker anyway? Even if she can’t sue the company, she’s probably just going to be bitch about it in some uncool fashion anyway.
No, the gold standard for harassing people at work are the young, nubile, and generally helpless interns. They’re the ones who can’t really even complain about it. They’re the ones who might take your creepy advances as a career opportunity. And now, according to a New York judge, you can do pretty much anything you want to them, so long as they are so desperate as to be working for your company for free….
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.