Virginia Attorney General Ken Cuccinelli can take his legal attack on the health reform legislation one step further. Today Judge Henry Hudson (E.D. Va.) denied a Health and Human Services motion to dismiss — which means we’re headed for discovery. The WSJ Law Blog reports:
The ruling represents a setback that will force the Obama administration to mount a lengthy legal defense of the law. The suit, filed by Virginia Attorney General Ken Cuccinelli, alleges that the law’s requirement that its residents have health insurance violates the Commerce Clause of the Constitution…
In his opinion, Judge Hudson ruled: “The guiding precedent [on the Commerce Clause] is informative but inconclusive.”
At times like these, it’s important to remember that the Democrats have 255 votes in the House and 59 votes in the Senate, but only four votes on the Supreme Court…
Are there any cynics out there who are sick of all this good news about how the legal economy is recovering? Hell, even a supposed teen porn purveyor is counting on a full recovery sometime in the near future.
If all this happiness and roses makes you feel a little bit ill, look no further than Craigslist for your daily dose of sadness. Check out this out, it’s the saddest kind of barter deal…
For lawyers — who concern ourselves with rules, and how to navigate within them without breaking them — one of the most interesting features in the New York Times magazine is The Ethicist. Columnist Randy Cohen fields ethical questions from readers and provides insight and advice. (Earlier this year, he smacked me down for an ethical transgression involving Oreos and a hotel minibar.)
When I study in my law-school library, I generally choose a cubicle near a heavily used photocopier that doubles as a printer connected to the school’s computer network. This machine often breaks down — paper jams and the like. If I know it’s not working, must I tell the student about to use it, which means constantly interrupting my own work? Every page printed costs the student eight cents, but she can ask the librarian for a refund.
One response might have been “de minimis non curat lex” (translation: “you have got to be kidding, please get a life”). But that wouldn’t have been very fun.
We’ve all heard of the crime of Driving While Black. It’s when black people drive around in nice cars — which some cops interpret as probable cause for a stop and search. It’s happened to me (shout-out to Kokomo, Indiana). After my experience I learned how to respect the law (of not ending up in Kokomo, Indiana).
But the ABA Journal now tells us of a whole new crime African-Americans can commit: jogging.
Even after police apparently recognized him as a downtown defense lawyer, they went ahead and arrested him for no good reason while he was jogging in his longtime neighborhood in West Las Vegas, contends David Lee Phillips.
A lawsuit filed over the incident by Phillips, 58, who is black and a U.S. Marine Corps veteran, is ongoing. In it, he contends that police threatened and harassed him before knocking him to the ground…
Man. A brother can’t even avoid getting hassled in Las Vegas…
* Judge Susan Bolton, who took the teeth out of the Arizona immigration law, has been getting lots of hate mail, including death threats. But loyal readers of Above the Law know it’s not the first time for her. [Chicago Sun-Times]
* The ball is in Blake Strode’s court: pro tennis or Harvard Law School? [St. Louis Today]
* From the frying pan into the fire? Lindsay Lohan is out of jail and into rehab. [Los Angeles Times]
* Crackberry users in the U.A.E. are going to need rehab soon, too. [New York Times]
Ed. note: Law Shucks focuses on life in, and after, Biglaw, including by tracking layoffs, bonuses, and laterals. Above the Law is pleased to bring you this weekly column, which analyzes news at the world’s top law firms.
As summer programs around Biglaw wrap up, all eyes turn to offer rates.
The rising 3L participants are looking to wrap up the golden tickets* of an offer of permanent** employment (* – but don’t forget about deferrals and recisions; ** – or layoffs).
Rising 2Ls have finished applying for law reviews and journals and are focused on prioritizing their bids for OCI. High offer rates are a definite plus in deciding which firms to try to get interviews with. As are the firms’ prestige rankings, especially if there’s a particularpracticearea of interest.
The rest of the denizens of Biglaw view offer rates as one measure of a firm’s health.
We feel like we’re taking magic Biglaw pills today and having hallucinatory flashbacks to 2006. The good news has been rolling in. Just today, we covered raises at Sheppard Mullin, and a 100% offer rate for D.C. summer associates at Latham & Watkins.
And over at Am Law Daily, Zach Lowe predicts good things for 2011. There will be more summer associate spots to go around next year, law school kiddies:
On-campus interviewing starts in two weeks at some schools, and early indications are that hiring at premier law firms will jump–in some cases by a lot–after plummeting this summer, according to sources at law schools and firms.
Cravath, Skadden, and Ropes & Gray, among others, plan to hire more warm bodies next summer than this one. This summer was dismal, after all, in terms of summer associate hiring, as demonstrated by these charts from the National Law Journal and Am Law Daily.
The upside of hiring fewer summer associates, though, is an increase in the likelihood of all of them getting hired. We’ve had more reports of 100% offer rates from a few firms today, along with fun ways of spreading the good news. Eyewitness accounts, after the jump.
We’re rolling through the Vault 2011 list of the “prestigiest” firms in the land, so that you can comment on what it’s like to actually live, work, and breathe those firms (when you’re not choking on all the prestige in the air).
We’ve covered #1-10 and #11-20. Here’s the next round-up. Now it’s time for the London-based Magic Circle firms to join in the elite fun:
I don’t believe you when you say just about anything anymore because I know that you will lie to a court any time it helps you. I know that. I saw you do it. I know you will do that. You have proven that to me beyond a reasonable doubt.
– Chief Judge James Holderman (N.D. Ill.) of Chicago, berating government lawyers — before a unanimous panel of the Seventh Circuit removed him from the case, in the middle of trial. Judge Richard Posner’s opinion cited Judge Holderman’s abuse of discretion and “unreasonable fury toward the prosecutors.”
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.