If you’ve been arrested, and the police want to interrogate you, they will tell you that you have the right to remain silent.
How do you assert that right?
One way would be to say something like “I would like to remain silent.” Saying “I want a lawyer” should also stop the questioning.
But today, in Salinas v. Texas, the Supreme Court of the United States held that you do not assert your right to remain silent by remaining silent. If you want to remain silent, you’ll need to be prepared to talk about it.
No one will be surprised that this result came from the Justice least likely to be voted most beloved by those in our nation’s prison systems, Justice Alito.
* With the Supreme Court’s term winding quickly to a close, it’s likely that conservative justices will write for the majority in some of the most closely watched and controversial cases. Uh oh. [Washington Post]
* Judge Edward Korman, the man who slapped around the FDA like it owed him money in a ruling over access to the morning-after pill, is actually a very soft-spoken, kind-hearted fellow. [New York Times]
* Wherein a Chicago Law professor and a Vedder Price partner argue that instead of cutting law school down to two years, financial aid should be given out like candy. Hey, whatever works. [Bloomberg]
* Brooklyn Law’s got a whole lot of drama these days: Their president is stepping down, their dean is apparently still a full-time partner at Patton Boggs, and a law professor is suing over alleged ABA violations. [New York Law Journal]
* That’s not the only New York-area law school awash in scandal. Chen Guangcheng has received the boot from NYU Law due to alleged harm done to the school’s relationship with China. [New York Times]
* When questioned about the need for his school, Indiana Tech’s dean says the lawyer oversupply and lack of jobs don’t matter. It’s about the quality of the graduate. Good luck with that! [Journal Gazette]
* This came too soon (that’s what she said). The alleged porn purveyors at Prenda Law will close up shop thanks to the costly litigation surrounding their copyright trolling. [Law & Disorder / Ars Technica]
* Fort Hood shooter Maj. Nidal Hassan won’t be allowed to use a “defense of others” strategy in his murder trial, because not only does it fail as a matter of law, but it’s also ridiculous. [Associated Press]
* Harvard Law grad Cate Edwards, daughter of disgraced pol John Edwards, took a dramatic step away from her father’s tabloid-esque pubic interests by opening her own public interest firm. [WJLA ABC 7]
* Judge Thomas Jackson, well-known for his antitrust ruling against Microsoft, RIP. [New York Times]
Last week, we wrote about the acquittal of a man who gunned down a sex worker because she wouldn’t have sex with him. Apparently in Texas, someone taking your property at night is all the excuse you need to employ deadly force, even if the supposed “theft” involves an unarmed woman unwilling to have sex.
Blow me or be blown away. I think we’ve found the new state motto of Texas.
By the way, do you know what the state motto of Texas is? If you think it’s something badass like “Don’t Mess With Texas” (which actually isn’t that cool), you’re wrong. It’s “Friendship.” My proposal is way better.
Now comes the counterpoint to the open season on prostitutes…
* A case of Supreme Court techciting gone wild: What happens when your book is cited in a SCOTUS opinion, but to express an opinion you’ve never endorsed before? A whole lot of irony. [New York Times]
* The Justice Department is dropping its appeal over a federal order that would allow promiscuous prosti-tots minors to access the morning-after pill. Hooray, over-the-counter emergency contraception for all! [CNN]
* The National Law Journal just released the most recent edition of the NLJ 350. As we saw in the Am Law 100 and 200, “economic wariness” was pervasive throughout Biglaw in 2012. [National Law Journal]
* More women are “bringing home the bacon,” but it’s the cheap store brand because they can’t afford better. It’s been 50 years since the Equal Pay Act was signed into law, and women are still earning less money than men. [ABC News]
* When it came time for the ABA to change the time frame for law schools to submit jobs data, it pushed the decision back till August. Adopting the wait-and-see method already, huh? [ABA Journal]
* Jury selection has begun in the Trayvon Martin murder trial, where the verdict will hinge upon George Zimmerman’s credibility. It’s like we’re learning about trials for the first time, you guys. [Bloomberg]
Here are the details: The defendant, Ezekiel Gilbert, 30, shot and killed an escort that he’d hired off Craigslist. The woman was paralyzed and ultimately died several months later. Gilbert was charged in the killing and walks because he says the woman refused to have sex with him.
So the jury acquitted him because she had it coming for not doing her job.
Biglaw partners in this state had a cocktail party to celebrate this new motivating factor for young associates.
Partners make the Biglaw world go ’round, and when a partner dies, especially in a manner as brutal as this, the Biglaw world weeps.
Today, we’ve got some sad news out of Minneapolis, where Nancy Sullivan, a Barnes & Thornburg partner who practiced ERISA and employee benefits law and served as the pro bono coordinator at her firm’s office, was shot and killed by her boyfriend as she tried to move out of the home they shared together. Also wounded were Sullivan’s daughter, Kathleen Fay, and Fay’s boyfriend, Tony Brown.
Suspected shooter Johnny Simpson also died, but police are not yet calling this a murder-suicide…
* Meow! An ethics complaint has been filed against Judge Edith Jones, the judicial diva herself, over insensitive comments about race and the death penalty that she made at Penn Law. [San Antonio Express-News]
* In the pissing contest over judicial confirmations, it’s fair to say that Obama’s recent nominees to the D.C. Circuit won’t receive a hearing, much less be confirmed, any time soon. [WSJ Law Blog (sub. req.)]
* Nobody likes patent trolls, not even the president. Obama went on the offensive yesterday, promising to curb unwarranted intellectual property litigation filed by pesky profiteers. [Thomson Reuters News & Insight]
* Speaking of patents, there’s a new exchange being formed for public trading rights. Please welcome the Intellectual Property Exchange International, the first exchange platform of its kind. IP: so hot right now. [DealBook / New York Times]
* After a review of evidence that Colorado movie theater shooting suspect James Holmes was whacked out of his mind at the time of the shooting, he was allowed to enter an insanity plea. [Bloomberg]
* The judge in the Oscar Pistorius case has adjourned the track star’s legal proceedings until August on account of a “trial by media.” We’ll probably continue to speculate about it until then. [New York Times]
* A woman is suing because she got her ass kicked by a gang of hookers at a Florida hotel. She claims the prostitutes thought she was infringing on their territory. Nope — she’s just a Jersey girl. [Fox News]
* Because the Senate doesn’t work properly when it comes to doing things efficiently, Obama will nominate three candidates for the D.C. Circuit. The outrage! The horror! The court-packing! [Legal Times]
* Howrey going to sue everyone in time to meet this bankruptcy deadline? When you’ve only got a few days left before the statute of limitations expires, you file up to 33 suits per day. [Am Law Daily]
* Attack of the lawyer glut! If you’re a recent law school grad who’s still unemployed, chances are high that this chart detailing the ratio of lawyers to job openings will make you shed a tear. [The Atlantic]
* Tey Tsun Hang, the law professor convicted on corruption charges after having an affair with a student, is heading to jail for five months. Giving out all of that extra credit wasn’t worth it after all. [Bloomberg]
* Nidal Hasan, the accused Fort Hood shooter, will be representing himself in his murder trial. He’ll use a “defense of others” argument, which seems obtuse given the nature of the crime. [Huffington Post]
* Bradley Manning’s court-martial began with a bang, with the prosecution arguing that the young intelligence analyst put lives at risk, while his own attorney called him a “humanist.” [New York Times]
* Jill Kelley, the woman who helped bring about the downfall of General David Petraeus by exposing his affair, has filed a lawsuit against government officials alleging privacy violations of all things. [USA Today]
We’ve got some sad news today out of Philadelphia, where Julia Law, a young paralegal, was found dead in her employer’s bathtub. That may seem odd, but as it turns out, Law had been dating her boss, well-known defense attorney A. Charles Peruto Jr., for a month or two, and she had a key to his condo.
Law was supposed to be celebrating her 27th birthday today, but instead, we’re awaiting her autopsy results. Law was reportedly texting with coworkers until 1 a.m. on the day of her death, lamenting the lack of “scented bubble bath” at Peruto’s home. That was apparently enough to invoke police suspicion.
At this time, the cause of Law’s death is unknown, but some observers wonder if the beautiful young woman may have been murdered….
* “Journalists should not be at legal risk for doing their jobs.” Thanks Obama, but AG Eric Holder was the one who kind of signed off on the James Rosen search warrant. [Open Channel / NBC News]
* The chief judge of the D.C. Circuit apologized for a lack of transparency in the James Rosen probe, and this is one of the least embarrassing things that happened this week. [Washington Post]
* Despite having “done nothing wrong,” embattled tax official Lois Lerner announced she’s been placed on administrative leave in light of recent events. I salute you, fellow WNE grad. [National Review]
* Watch out, patent trolls, because this proposed bill might actually be — gasp! — helpful. If enacted, the Patent Abuse Reduction Act’s goal is to help keep discovery costs down. [Hillicon Valley / The Hill]
* It’s a hell of a drug: for some lawyers, the sequester won’t be such a bad thing after all, because Coast Guard and Navy forces won’t be available to intercept 38 tons of cocaine. [Breaking Defense]
* Proskauer Rose’s ex-CFO, Elly Rosenthal, has cut down her $10 million suit against the firm to just one allegation. She claims the firm fired her solely for her diagnosis of breast cancer. [Am Law Daily]
* The Boy Scouts of America will now admit openly gay youths into their ranks for the first time in the history of ever. You should probably “be prepared” for a flurry of litigation over this. [New York Times]
* A mistrial was declared in the penalty phase of the Jodi Arias murder trial. Ugh, come on with this, the Lifetime movie is already in post-production! How on earth are they going to work this in? [CNN]
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
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