Bernard Fried, that is — the judge presiding over the salaciously delicious litigation known as Aaron Charney v. Sullivan & Cromwell. According to the online docket (we haven’t verified this with chambers), there’s going to be a status conference before Justice Fried tomorrow, in New York Supreme Court (60 Centre Street).
We won’t be able to make it up to New York for the proceedings. But if you will be attending, please do share your full report with us. We promise to link to any blog or mainstream media write-up of the festivities. Thanks!
Update: We initially stated that the hearing would be at 3:30 PM, but we’re no longer sure of that. If you know for certain, please inform us. Thanks.
Earlier: Prior ATL coverage of Charney v. Sullivan & Cromwell (scroll down)
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Attorney General Alberto Gonzales gave a news briefing this afternoon on the controversial firings of eight U.S. Attorneys. When we saw him on CNN, stepping in front of the cameras for an unplanned press conference, we immediately thought: “Is he resigning?”
As it turns out, no — emphatically not. Attorney General Gonzales is not going anywhere, at least for now. But a Gonzales resignation no longer lies outside the realm of possibility. Earlier this week, Gonzales accepted the resignation of Kyle Sampson, his chief of staff, who reportedly failed to brief other senior DOJ officials about his discussions with former White House Counsel Harriet Miers about the firings.
Furthermore, White House press secretary Tony Snow declared that President Bush “has confidence” in Alberto Gonzales. Uh-oh — inside the Beltway, that’s the kiss of death. Recall that the president expressed his “confidence” in former Defense Secretary Donald Rumsfeld shortly before canning his ass.
This morning the WSJ Law Blog upgraded the U.S. Attorney controversy from “an imbroglio” to “a mess.” We’re not sure that’s an upgrade exactly. But assuming it is, we will see their “mess,” and raise them a “s**tstorm.”
Gonzales: Prosecutors Firings Mishandled [Associated Press]
If It’s Gone-Zales, Then Who Should be the Next AG? [WSJ Law Blog]
Alberto Gonzales Lives To Justify Atrocities Another Day [Wonkette]
We’re still here in sun-kissed Miami, where we enjoyed meeting a small but lively group at yesterday’s happy hour. In a few hours, though, we’ll be heading back up to our home base in Washington, DC — where, sadly enough, we don’t enjoy vistas like the one at right.
Before we leave, here’s a final bit of local color (like yesterday’s post about that jailed court reporter — who was, by the way, released from jail last night). Today’s story concerns a dispute between a local blogger and a local MSM outlet.
David Oskar Markus, who writes the excellent Southern District of Florida Blog, recently reported that Judge Shelby Highsmith (S.D. Fla.) would be retiring at the end of the year (and declining criminal cases, which is his prerogative as a senior judge, as of March).
Then Julie Kay, of the Daily Business Review, did a little follow-up. She wrote a quasi-catty item saying that Markus was wrong, at least about Judge Highsmith retiring by the end of the year. (She confirmed that the judge will be going off the criminal wheel as of this month.)
In accuracy spats such as this one, people usually place their bets on the MSM. But based on things we’ve heard hither and thither, we’re going to go out on a limb here and predict that, as reported by David Markus, Judge Highsmith will step down from the bench by the end of 2007.
If you have any inside information on the good judge’s plans, feel free to share them with us. Thanks.
Judge Shelby Highsmith to retire [Southern District of Florida Blog]
From the Courts: Justice Watch [Daily Business Review]
Blog Controversy [Southern District of Florida Blog]
This was widely predicted as a consequence of Google’s acquisition of YouTube. If you combine a website that allegedly engages in “massive intentional copyright infringement” with the deep pockets of one of America’s largest companies, you’re asking for lawsuits. From the AP:
MTV owner Viacom Inc. sued the popular video-sharing site YouTube and its corporate parent, Google Inc., on Tuesday, seeking more than $1 billion in damages on claims of widespread copyright infringement.
Viacom claims that YouTube has displayed more than 160,000 unauthorized video clips from its cable networks, which also include Comedy Central, VH1 and Nickelodeon.
As noted by the WSJ Law Blog, Viacom is represented by Jenner & Block in DC. We’re curious to find out who gets tapped by Google for defense. We’re looking forward to an interesting fight — which, in addition to supplying entertainment value, will hopefully also clarify the proper operation of copyright law in cyberspace.
Viacom Sues YouTube Over Copyrights [Associated Press]
Viacom Sues Google and You Tube [WSJ Law Blog]
- Christopher Christie, New Jersey, Trials, U.S. Attorneys Offices, White-Collar Crime, Williams & Connolly
Not a Potted Plant — But Not Victorious, Either
By David Lat
Legendary litigator Brendan Sullivan, who has been involved in some of the most high-profile cases of the past few decades, ensured his place in Bartlett’s when he quipped at the Iran-Contra hearings: “I’m not a potted plant.”
But despite not being a potted plant, Sullivan was unable to prevail against two of our former colleagues, Michael Martinez and Craig Carpenito, of the U.S. Attorney’s Office in New Jersey. Martinez and Carpenito, a pair of superb young lawyers, were given the daunting task of handling the third trial of former Cendant chairman Walter Forbes. Their triumph over Sullivan and his Williams & Connolly team is chronicled in a fascinating article by Andrew Longstreth in this month’s American Lawyer.
More discussion of the piece, with a few added comments from us, after the jump.
Continue reading “Not a Potted Plant — But Not Victorious, Either”
* US Attorney resignations originated in White House. [Washington Post via MSNBC]
* Gitmo hearings begin for detainees. [AP via How Appealing]
* Red light cameras go on trial. [NPR Audio via How Appealing]
* Sidley Austin case questions whether mandatory partner retirement constitutes age discrimination. [Law.com]
* Sly Stallone charged with possession of HGH in Australia. [CNN]
We reported on the rumors last week — and now the news is official. From the New York Law Journal:
Just as Weil, Gotshal & Manges welcomes back legendary bankruptcy partner Harvey Miller, the firm is saying goodbye to four other restructuring stars who are leaving to join a rival firm.
Cadwalader, Wickersham & Taft is set to announce today that it has recruited George A. Davis, Deryck A. Palmer, John J. Rapisardi and Andrew M. Troop as partners in New York. The move, involving four of Weil Gotshal’s most prominent bankruptcy partners apart from Miller and practice co-heads Martin Bienenstock and Marcia Goldstein, points to a major realignment among elite bankruptcy practices.
In our post from last week, we had all of the names except for Troop.
Our tipster chalked up the move to the departing partners’ desire “to swim in Bob Link’s shark tank and make the big $$$.” The NYLJ piece seems to confirm that:
[Deryck Palmer] praised Cadwalader’s famously performance-driven culture, where top partners are rewarded handsomely and weaker ones are winnowed out.
“Cadwalader provides an environment where every lawyer can achieve their potential,” said Palmer.
And their dream of a house in the Hamptons, too.
Earlier: Musical Chairs: Weil Gotshal — In With the Old, Out With the New?
Justice Anthony M. Kennedy has been described by many — e.g., Jeffrey Rosen — as a Hamlet-like justice, who agonizes over every decision. And later this week — perhaps this was his therapist’s idea? — Justice Kennedy will preside over the trial of his dramatic alter ego.
From the NYT:
[Hamlet's] criminal responsibility — whether he was sane at the time of [the] killing [of Polonius] — is the central question of “The Trial of Hamlet,” to be heard here on Thursday at the John F. Kennedy Center for the Performing Arts. The mock trial is a Washington wonk’s dream, stacked with Shakespeare-loving luminaries. Justice Anthony M. Kennedy of the United States Supreme Court, an enthusiastic Shakespeare aficionado who conceived of the idea, will preside over the trial.
“What you realize is that you know Hamlet better than you know some real people, because he tells you exactly what he is thinking,” said Justice Kennedy in a telephone interview. “The trial provides a fascinating, oblique way in which to examine Hamlet, the legal process and the intellect of Shakespeare, who continues to speak to us in our own time.”
It should be a great event, especially if one goes by ticket sales. It sold out, got moved to a larger venue, and sold out again.
We’d love to attend; alas, it’s sold out. If you have an extra ticket that you’re looking to sell, please email us. Thanks!
Was Dane’s Madness Just Method? Jury to Decide [New York Times]
The Supreme Court Hears the Trial of Hamlet [Kennedy Center]
* Even in Berkeley, it’s a little bit about the money. And by a little bit, I mean a lot. If you want to be a PD in spite of higher student loans, just apply for a Sandy Cohen Public Defender Fellowship. The OC may be off the air, but some indie law kid is bound to follow up with another pop-culture inspired tie-in. [Nuts & Boalts; Los Angeles Times]
* Smallish firms where named partners are actually still alive and employed should think about adopting a generic boy band-esque name (Menudo LLP?) to avoid the awkwardness that ensues after a member is unceremoniously kicked out (or hits puberty). [The BLT: Blog of the Legal Times]
* Let us take back toddler cuteness! I do question visible make-up and the whole Vogue Bambini aesthetic on the under-5 set, but aren’t you glad that unlike real life, that little girl’s bikini top isn’t totally off-center? [eitb24 via Drudge Report]
* This is not a joke (à la SNL fake commercials/Games Magazines fake ads of yesteryear). [Feminist Law Professors]
- Ben Wittes, Bryan Cave, Election Law, Federal Government, Musical Chairs, Washington Post, White House Counsel
Musical Chairs: From Inside the Beltway
By David Lat
Here are some recent, noteworthy moves within the D.C. legal community:
Inside the Administration:
* Conservative legal superstar Jennifer Brosnahan has left the White House Counsel’s office, where she was one of the more senior associate counsels, to become the new deputy general counsel at the Department of Transportation.
From government to private practice:
* As previously reported by Ken Vogel of The Politico, Michael Toner has left the Federal Election Commission, to build an election law practice at Bryan Cave (which, by the way, recently raised associate salaries).
Within the Fourth Estate:
* One of the most knowledgeable legal scribes around, Benjamin Wittes, is leaving the Washington Post, after some nine years at the venerable paper.
(Wittes, the author of Confirmation Wars (previously praised here), is currently on book leave from the Post. He’s working on another book about the federal courts.)
FEC Revolving Door Swings Faster [The Politico]
The issue of hefty signing bonuses for Supreme Court clerks has generated lively discussion in the comments, as well as on other blogs.
You clearly have strong views on the subject — and we’re curious about them. So it’s time for one of ATL’s (hugely unscientific) reader polls:
Lithwick on the Supreme Court Signing Bonus [PrawfsBlawg]
That Phat $200,000 Supreme Court Law Clerk Bonus [WSJ Law Blog]
What to make of those astronomical Supreme Court signing bonuses? [Slate]
Earlier: Supreme Court Clerks: Do They Live Up to the Hype?
Is trouble brewing in Paradise? And no, we’re not referring to the computer and wi-fi problems that are causing us to blog at a somewhat sluggish leisurely pace today, here in sunny Miami.
We now bring you a bit of local color, about allegedly procrastinating court reporters in south Florida….
Continue reading “ATL Public Service Announcement: Procrastination Does Have Consequences”



