Litigators at large law firms spend an inordinate (and depressing) amount of time on discovery disputes. They bombard poor magistrate judges with motions to compel. They bicker over deposition timing and location. They compile massive privilege logs. They file letter briefs with the court, explaining their entitlement to certain documents that opposing counsel is withholding, without justification.
Partners who work on such matters often say to their associates, “Find me a case in which a judge sanctioned a party for failure to comply with discovery obligations — preferably a case in which the non-compliance is exactly what opposing counsel is doing here, and ideally featuring soaring rhetoric about the importance of following discovery rules.” The associate spends several hours on Westlaw or Lexis, then returns empty-handed; there was nothing quite on-point. There was certainly no soaring rhetoric.
This shouldn’t be surprising. Do you think successful lawyers give up the practice of law in order to keep dealing with discovery-related headaches, for a fraction of what they earned in the private sector? Of course not. Federal district judges prefer to write published opinions about Sexy Constitutional Issues, leaving their magistrates to oversee the discovery playpen. In the rare discovery-related cases that do go up on appeal, federal circuit judges affirm as quickly and summarily as possible, so they can get back to the fun stuff. [FN1]
If you’re a Biglaw litigator searching for a published opinion addressing discovery issues, well, today is your lucky day. Check out this great opinion, just handed down — not by a mere magistrate or district judge, but by the U.S. Court of Appeals for the Tenth Circuit….
Federal government lawyers are having their pay frozen. But let’s face it: you don’t don’t go into government service for the money.
You might do it for the experience. You might do it for the lifestyle. And, depending on the position, you might do it for the prestige.
Someone once said to me, “You can’t eat prestige.” “Maybe not,” I replied. “But prestige certainly is delicious!”
For a young lawyer, one of the most prestigious government gigs around is a Bristow Fellowship. These four one-year fellowships in the Solicitor General’s Office are generally regarded as second only to Supreme Court clerkships in prestige (and many Bristow Fellows later go on to clerk at the Court). You can read more about the Bristow, including the job responsibilities and the application process, on the Department of Justice website.
Earlier this month, the four Bristows for 2011-2012 were notified of their good fortune. Who are they?
Last week, an investiture ceremony was held for Judge Neil Gorsuch, recently confirmed to the U.S. Court of Appeals for the Tenth Circuit. And it was a star-studded affair. From the Denver Post:
Seven-year-old Emma and 5-year-old Belinda helped their father, Neil Gorsuch, into his judge’s robes Monday after the newly appointed 10th Circuit Court judge was sworn in.
Munching on cookies after the formal ceremony, Emma said she thought it “was nice.”
Supreme Court Justice Anthony M. Kennedy, who was in Denver to administer the oath, spoke directly to the little girls before Gorsuch raised his right hand. “He’s doing it to remind all of us that the first obligation any American has is to defend and protect the Constitution of the United States,” he said.
Justice Kennedy’s pedagogical impulse is admirable. We suspect, however, that Emma and Belinda were thinking more about cookies than the Constitution.
Some supplementary coverage, from an ATL tipster:
The entire en banc 10th Circuit was present. Justice Kennedy administered the oath. Attorney General Gonzales read the commission. Both Colorado Senators made remarks, as did Mark Hansen of Kellogg Huber (the insanely prestigious appellate shop from which Gorsuch rose). Half of the Justice Department was there: Rachel Brand, Elisebeth Collins Cook, Brett Gerry, Wan Kim, Gregory Katsas, among others.
The Gorsuch clerks showed everyone around Denver and got trashed on consecutive nights. Good times were had by all.
Article III groupies, Judge Neil Gorsuch is one to watch. He’s brilliant, he’s young, and he’s incredibly well-connected. Look for him to rise through the ranks of Supreme Court feeder judges in the years to come — and, perhaps, to be nominated to the Court himself someday.
(Judge Gorsuch is taking the seat of Judge David Ebel, who has been the Tenth Circuit’s resident feeder judge for quite some time now. Guess that’s the 10th Circuit’s designated “feeder seat.”) Update: Would someone be able to locate and/or send us a good photo of Judge Gorsuch for our files? Our quick Googling didn’t produce anything useful. 10th Circuit judge’s oath a family affair [Denver Post]
* “Bless him Father, for he has sinned”: Msgr. John Woolsey made some unauthorized withdrawals from his church’s collection plate, which he blew on golf vacations and Rolex watches. (Monsignor: A Rolex is so unoriginal. Why not, say, a nice Patek Philippe?) [Judicial Reports]
* Newly confirmed Tenth Circuit judge Neil M. Gorsuch — a member of the Elect, former partner at the super-elite Kellogg Huber firm, and former Principal Deputy to the Associate Attorney General — has a new book out. It’s entitled The Future of Assisted Suicide and Euthanasia. We have no idea what it says; but it was probably smart of him to get confirmed before it was published. [How Appealing]
* Planning a trip to Ireland? Law professor William Birdthistle has some recommendations for you. [Forbes]
* Gov. Jon Corzine’s picks for the New Jersey Supreme Court have cool names: James Zazzali, nominated to be the next Chief Justice, and Helen Hoens, nominated to fill Zazzali’s vacated seat. We support Judge Hoens’s nomination, ’cause we’re suckers for alliteration. And assonance, too. [New York Times]
* This is a long and juicy article; we’ll probably blog more about it later. For now, some key terms to whet your appetite: insider trading, ballroom dancing, trips to Cuba, BMWs, strippers. Oh, and a forklift operator. Don’t forget the forklift operator. [Fortune via WSJ Law Blog]
What does it mean to be “newly admitted?” To us, it means endless possibilities!
We recognize that you already possess the ability and intelligence to succeed in a variety of legal professions. Our job is to expose you to various practice areas in a way that ensures those very attributes are successfully applied. Our seasoned and successful faculty present unique programs that provide an approachable and practical understanding of the avenues of achievement available as you launch a fruitful, enjoyable and promising career.
Our Live Bridge the Gap weekends satisfy the entire year of New York Newly-Admitted CLE Credits in only two days!
After physically attending a full weekend, you will receive:
• 3.0 Ethics CLE credits,
• 6.0 Skills CLE credits, and
• 7.0 Professional Practice and/or Law Practice Management CLE credits
Date: Saturday, June 8 and Sunday, June 9, 2013 Time: 9:00 a.m. – 4:35 p.m. (EST) Location:
55 Exchange Place
New York, NY 10006
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.
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!