Labor / Employment
Ed. note: Above the Law will not be publishing on Monday, May 27, in observance of the Memorial Day holiday.
* Manhattan Justice Paul Wooten has ordered CBS to produce all emails between it and the Brooklyn DA’s office concerning “Brooklyn D.A.” and ordered a hearing this afternoon. CBS attorneys are irritated. Now they know how everyone feels when they have to watch Two and a Half Men. [WiseLaw NY]
* Lois Lerner, the embattled IRS supervisor at the heart of the recent scandal, invoked the Fifth Amendment in her congressional hearing, but in a way that may open the door to contempt. Ironically, maintaining innocence while invoking the Fifth opens one up to “heightened scrutiny.” As noted in Morning Docket, she’s been put on administrative leave. [Simple Justice]
* T.J. Duane of Lateral Link was named one of the 17 Stanford business students who is going to change the world. Duane is working on technology to “provid[e] solo and boutique attorneys the benefits without the drawbacks of big law.” That’s much better than my proposal to provide solo and boutique attorneys the drawbacks without the benefits of big law, which is just a device that passive-aggressively second-guesses every decision a lawyer makes. [Business Insider]
* The U.S. Chamber of Commerce has asked the Supreme Court to uphold the D.C. Circuit’s decision holding Obama’s NLRB recess appointments unconstitutional because the appointments caused “major confusion for both employers and employees alike.” They’ve got a point. Not having a quorum on the NLRB because the Senate refuses to confirm anyone and plays parliamentary games does provide certainty… the certainty that the NLRB cannot function and its a free-for-all against workers. [Free Enterprise]
* Law school applications are down, but not as drastically as expected. [Faculty Lounge]
* In any event, law schools are facing an economic reckoning dubbed “Peak Law School.” [Lawyers, Guns & Money]
* A new CBO report analyzes the impact of a carbon tax, in case you’re preparing to start papering cap-and-trade deals. [Breaking Energy]
* Do potential clients really care about social media? I “Like” this story. [Associate’s Mind]
* Courtesy of the ABA Journal, you can check out the swag Chief Justice Roberts and Eric Holder got from foreign nations in 2010 after the jump…
We want to invite you out for a night of drinking and yelling that we’re hosting alongside our bros at Dealbreaker. Join us on Feb 18th in NYC for an open bar and a short panel discussion featuring special guests! Think of it as a boozy safe space to defend your role in the destruction of America.
* Gun nuts want to prevent THE PENTAGON from buying too many bullets. [Talking Points Memo]
* Subway employees can be held liable for not helping police officers. I’m a legal genius. [New York Law Journal]
* Employment lawyers get catty on their way out of the door. [Thomson Reuters News & Insight]
* Do top firms even have compliance departments? [Corporate Counsel]
* Colleges are cracking down on Adderall abuse. So… it only took administrators about a decade to figure out that was going on. [New York Times]
* Okay, now Obama is going to close Guantanamo. And by “close,” I think he means “finds other excuses to leave it open.” [SCOTUSblog]
Alexandra Marchuk isn’t taking the Faruqi & Faruqi counterclaims lying down. Here’s her vigorous response.
Would you be happy working at a firm where men and women couldn’t even be alone together in the same room?
Airplanes / Aviation, Arent Fox, Biglaw, Depositions, Drinking, Gay Marriage, Husch Blackwell, Labor / Employment, Lateral Moves, Lindsay Lohan, Money, Morning Docket, Partner Issues, White-Collar Crime
* The National Labor Relations Board, now with fewer recess appointments! Partners from Arent Fox and Morgan Lewis were nominated to fill seats necessary for the board’s quorum. [National Law Journal]
* Shearman & Sterling seems to be bucking the Biglaw system. The firm is cutting pay for high earners and increasing it for lower-ranking attorneys. We’ll probably have more on this later today. [Reuters]
* Dentons (formerly known as SNR Denton) recently poached a six-partner team led by Stephen Hill from Husch Blackwell to bolster its white collar practice. Welkom too teh furm, guise! [Am Law Daily]
* “It is technically more legal to screw a walrus than to get gay married.” You know you live in a very sad place when not only do article headlines like this exist, but they’re also CORRECT. [Death and Taxes]
* An American Eagle pilot is facing attempted drunk flying charges. Yes, that’s a thing, but come on now, anyone who’s seen the movie Flight knows you can fly a plane while you’re wasted. [Bloomberg]
* Lindsay Lohan blew off a deposition in Los Angeles yesterday. Cut the girl some slack; she had to appear on the Late Show with David Letterman, which was way more important. [Contra Costa Times]
Nobody puts Juan Monteverde in the corner. A boutique law firm and one of its partners hit back — hard — against an ex-associate’s salacious allegations.
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The sequester may put government lawyers in an ethical bind and is robbing some litigants of their rights.
American Bar Association / ABA, Antonin Scalia, Bankruptcy, Biglaw, Civil Rights, Department of Justice, Election Law, Federal Government, Gay, Gay Marriage, Gender, Labor / Employment, Lindsay Lohan, Loeb & Loeb, Money, Morning Docket, Paul Clement, SCOTUS, Supreme Court, Ted Olson, Trusts and Estates, Women's Issues
* President Obama nominated Thomas Perez, the head of the DOJ’s Civil Rights Division, to be the next secretary of labor. Republicans, of course, are all butthurtt, calling this a “needlessly divisive nomination.” [New York Times]
* Let’s get ready to RUMBLE! Be prepared to see some legal heavyweights next week when the Prop 8 and DOMA cases are argued before the Supreme Court, including Paul Clement and Ted Olson. [National Law Journal]
* How appropriate that Justice Scalia should break out the Spanglish for an Arizona voter registration law that requires proof of U.S. citizenship. Our beloved Wise Latina probably wasn’t too thrilled by this. [New York Times]
* To promote pay equity in law firms, the ABA is encouraging bar groups to hold conferences on the topic. The question on everyone’s minds, of course, is whether those conferences are billable. [Thomson Reuters News & Insight]
* Law schools aren’t the only places where transparency is lacking. Jeh Johnson, the DOD’s former general counsel, thinks the secrecy swirling around drone strikes is bad for the government. [At War / New York Times]
* The members of Debevoise’s displaced trusts and estates practice team have been picked up by Loeb & Loeb. Enjoy your new home, and your new — presumably lower — compensation package. [Am Law Daily]
* Lindsay Lohan took a plea deal yesterday, and instead of going to jail, she’ll be going to rehab to be kept under lock and key for 90 days. I’d say this is bad for her career, but who are we kidding? [Los Angeles Times]
* Casey Anthony’s trustee just answered my prayers. He wants the ex-MILF to sell her story to pay off her debts. I demand that LiLo be cast in the role! She’s the only one broken enough to pull it off. [Washington Post]
If these allegations are true, this is a very sad and ugly story.
A contract attorney takes on Biglaw by arguing he was a peon.
* A study finds that over 93 percent of attorneys, judges, and legal writing professors think the writing they’re reading is bad. One could argue this is evidence of a crisis in writing skills. Or one could argue that lawyers are a**holes who think every voice other than their own is wrong. It’s a 50/50 […]
Paul Clement tries to get back atop the conservative world’s list of heartthrobs by killing off recess appointments.
If you are going to work for free, work for somebody who will invest in you, not exploit you…