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Airborne cold remedy.jpg* A California trial starting this week marks the first time the obscure Military Extraterritorial Jurisdiction Act is used to prosecute a former soldier for actions taken during combat. Former Marine Sgt. Jose Nazario will be tried as a civilian for voluntary manslaughter in the deaths of four Iraqi prisoners. [ San Francisco Chronicle]
* It’s a bird! It’s a plane! No, it’s a “Super Lawyer.” The New Jersey Supreme Court will decide whether attorneys can reveal their “Super Lawyer” identities. [Minneapolis Star-Tribune]
* Senator Max Baucus acts to make the phrase “The Last Best Place” exempt from trademark protection. Montanans everywhere rejoice? [New York Times]
* Note to teachers: please don’t tie the special ed kids to their chairs. [New York Post via Gothamist]
* The cold-fighting claims of Airborne are a joke, says the Federal Trade Commission. The FTC decision and the settlement of a related class-action lawsuit mean the company will be paying out $30 million to consumers. Echinacea retailers, listen up. [Washington Post]
* ATL idol draws to a close today at noon. Don’t forget to vote! [Above The Law]
* … Speaking of the contest to determine ATL’s new editor-in-chief, Kash appreciates the write-in votes, but… [Moving into the Fourth Estate]

Laurence Fishburne Thurgood Marshall Broadway Booth theatre theater.jpgIf you’re in New York today (Sunday) and looking for something to do in the afternoon, consider checking out Thurgood. It’s a one-man show about the life of Justice Thurgood Marshall (1908-1993), starring Laurence Fishburne (best known as Morpheus of The Matrix, but with a long list of other film and theater credits).
It’s an entertaining and educational production, and Laurence Fishburne turns in a superb performance. As one friend of ours, an ex-theater major, put it, “Fishburne was able to make the audience forget that this is a one-man show.”
As one might expect from a play based on the life of a heroic historical figure, Thurgood occasionally verges on the pedantic and preachy (“one person can make a difference”; “we know how far we’ve come — but we also know how far we still have to go”). Law nerds might find feel patronized by the more expository parts of the play, like the mini-reviews of Plessy v. Ferguson and Brown v. Board of Education. You can often sense the “message” button being pushed.
But hey, everyone needs a refresher course every now and then. And there are enough interesting bits of biographical trivia — as well as ample entertainment, in the form of humorous anecdotes from Marshall’s life, well-told by Fishburne — to make you forgive the more didactic or heavy-handed elements.
If you’d like to see Thurgood, you need to act fast; it’s closing today. The 3 p.m. matinee is the final performance. You can probably get discounted tickets at the TKTS booth (since Thurgood was there last week, and there were definitely a few empty seats at the performance we attended yesterday).
Additional thoughts — if you’re planning on seeing the play, save these for later, so you can form your own opinions free of taint — after the jump.

double red triangle arrows Continue reading “ATL Theater Review: Thurgood”

In this video clip, Stephen Colbert observes that “you can’t blame all the problems of the past seven years on Monica Goodling.” But that won’t stop some people from trying.

To be sure, Monica Goodling has made mistakes — and she’s the first to admit them. She forthrightly acknowledged, when testifying before Congress, that she “crossed the line,” by taking political considerations into account when hiring career employees at the Department of Justice.
But has the Goodling Blame Game gone too far? Has she become the new Karl Rove, responsible for everything from DOJ politicization to childhood obesity to the war between Russia and Georgia?
Quite possibly. Read more, after the jump.

double red triangle arrows Continue reading “In Case of Emergency, Break Glass Blame Monica Goodling”

law firm merger.jpgIn the immortal words of Roxette, “It must have been love; but it’s over now.” Last month, we marveled at all the law firm merger rumors making the rounds. These days, however, merger talks are falling apart, left and right.
As we first reported, the contemplated merger between Heller Ehrman and Baker & McKenzie is officially dead. For the skinny on their breakup, see Legal Pad. Apparently client conflicts were the deal breaker (as they so often are; they’re the law-firm equivalent of serious religious differences, or really bad STDs). Baker & McKenzie will have to settle for being a firm with a measly $2.2 billion in annual global revenue.
And now this, from the National Law Journal:

In the days that followed the joint announcement by Wolf Block and Akerman Senterfitt that their merger talks hit a snag over a conflict, sources have pointed to deeper issues affecting the drawn-out discussions…

One source aware of the merger discussions said the combination would be a good thing for both firms but said Wolf Block leadership is unwilling to work out certain tax and pension concerns.

There is concern among some of Wolf Block’s partnership over having to pay a significant amount in taxes upon merging with a corporation, the source said. There is also concern over having to make up for Wolf Block’s unfunded pension liabilities. Both of the issues could cause partners to “take a real financial hit,” the source said, adding that a loan could solve those problems, but firm leadership seems unwilling to go that route.

We’d end with the requisite punchy quip, but unfunded pension liabilities leave us uninspired.
(It’s a Friday, in August, after 3 PM. Why are you still here?)
Trouble with WolfBlock-Akerman merger talks over more than conflicts [National Law Journal]
Conflicts Blamed for Failed Heller Merger Talks [Legal Pad]
Bakers breaks £1bn mark with 20% revenue boost [Legal Week via ABA Journal]
Earlier: Heller Ehrman Is NOT Merging With Baker & McKenzie
Law Firm Merger Mania: Collected Rumors and News

Ashley McKathan Judge Ashley McKathan.jpgAlabama state court judges: they love themselves some Ten Commandments.
Just like Roy Moore, former chief justice of Alabama, Judge Ashley McKathan thinks the “higher law” has a place in the courtroom. Four years ago, the county circuit court judge had the Ten Commandments embroidered on his judicial robe. Presumably it’s a silent reminder, to himself and to those in his courtroom, of the Really Big Judge upstairs.
Now he’s in trouble with the American Civil Liberties Union for invoking the Big Judge in the courtroom again — this time out loud. The ACLU has filed a complaint against him with the Judicial Inquiry Commission for violating ethics rules and the U.S. Constitution. From CNN:

The ACLU complaint said McKathan dropped to his knees and prayed aloud during a court hearing in February. He told the 100 people in the courtroom that he was not afraid to call on the name of Jesus Christ, witnesses said, and ordered all to join hands and pray, according to the complaint filed soon after the hearing….

In response to the complaint, McKathan told the Mobile Press-Register for a story Thursday: “Whatever comes of all that, I’ll continue to have peace.” Quoting Romans in the King James version of the Bible, the judge added: “And we know that all things work together for good to them that love God, to them that are called according to his purpose.”
Complaint against judge praying in court [CNN]

Job of the Week Lateral Link ATL logo.gifAs expected, bankruptcy attorneys are once again in demand. So we’re highlighting an opportunity for junior associates in this week’s Job of the Week, brought to you by Lateral Link. This position qualifies for Lateral Link’s $10,000 signing bonus. (Lateral Link has paid out over $200,000 in signing bonuses this summer.)
Lateral Link has junior bankruptcy positions at some of the more sought-after firms in San Francisco, New York, Boston, Atlanta, and Chicago (like the one below). For information on these other positions, please contact your personal search consultant.
Position: Bankruptcy associate
Location: Chicago, IL
Description: A top Chicago-based law firm seeks junior bankruptcy associates. For more information about this position, or to apply, please see Position 9585 on Lateral Link.
If you are not already a Lateral Link Member, you can apply at Also, because of the tremendous growth in Lateral Link’s membership, Lateral Link is actively looking to hire additional search consultants in Washington DC and Texas. If interested, please email
Just One Word: Bankruptcy! [New York Magazine]

ATL Idol Above the Law Idol AboveTheLaw Idol smaller.jpgThe three weeks of guest blogging by the talented contestants of ATL Idol have all come down to this: a final showdown between SOPHIST and FROLIC AND DETOUR. The winner will become the next editor of Above the Law.
In case you’re curious, the ATL Idol contest has been awesome for ATL. July, the month in which it launched, was our best ever (in terms of traffic and revenue). And if the second half of this month is as strong as the first, August will surpass it. A few commenters haven’t been fans of the competition. But by all the standard metrics, it has been a smashing success — thanks to our contestants, our guest judges, and you, our readers.
Before we open the polls, a methodological note. Like the Supreme Court in Reynolds v. Sims, we believe in the principle of “one person, one vote.” Please vote only once (and refrain from casting multiple votes using bots, scripts, and other things that aren’t human).
There have been allegations of multiple voting in prior rounds. Unlike the Supreme Court in Bush v. Gore, we’re not inclined to wade into electoral messes after the fact; what’s past is past.
But because the stakes are higher for this final round, we’re asking Vizu, host of the poll, to review the results for possible improprieties. We won’t announce the winner until after we receive the results of their analysis. Suspicious votes — including, but not limited to, hundreds of votes from the same IP address — will not be counted.
Enough lawyerly caveats; time to vote. Voting will end on MONDAY, AUGUST 18, at noon (Eastern time). GOOD LUCK!!!

Earlier: Prior ATL Idol coverage (scroll down)

With the Democratic and Republican nominating conventions not far off, people’s minds are returning to politics. A few New York lawyers we’ve talked to are thinking about moving down to Washington, to serve in the next presidential administration.
They might like our latest piece for the New York Observer: a pseudo-sociological comparison of New York and D.C. lawyers. What makes them tick? How do they like to dress? Where do they go out to eat? What do they do in their spare time?
Check out the interactive feature, which captures the table of comparisons in the print version’s centerfold Observatory section. You can use the arrows to navigate through the different categories, and mouse over them (“mouse over” — is that a verb?) to see how the different cities stack up.
What did we get right, and what did we get wrong? Feel free to let us know, in the comments.
(Click on the image below to be taken to the article, then scroll down to the interactive feature. Enjoy.)
NY vs DC lawyers attorneys comparison New York Observer.jpgLat’s Field Guide to N.Y. vs. D.C. Lawyers [New York Observer]

ATL Idol Above the Law Idol AboveTheLaw Idol smaller.jpgATL Idol, the “reality blogging” competition in which you will select the next editor of Above the Law, is nearing its end. The original six contestants have been winnowed down to two finalists: FROLIC AND DETOUR and SOPHIST.
We’ll open the polls later today. But first, let’s hear from your celebrity judges:
ATL Idol Judges AboveTheLaw Idol Above the Law Idol panel.jpg

  • Ann Althouse, Robert W. & Irma M. Arthur-Bascom Professor at the University of Wisconsin Law School, and author of her eponymous blog, Althouse;
  • Tom Goldstein, head of the D.C. litigation practice and co-head of the firm-wide Supreme Court practice at Akin Gump, and founder of SCOTUSblog; and
  • Dahlia Lithwick, senior editor of Slate (where she blogged at Convictions), author of two books, and a contributor to the New York Times and the Washington Post (among many other publications).
    See what they have to say about the last two competitors, after the jump.

    double red triangle arrows Continue reading “ATL Idol: The Judges Speak (Week 3)”

  • tinkerbell Peter Pan.jpg* “Cinderella, Snow White, Tinkerbell and other fictional fixtures of modern-day childhood were handcuffed, frisked and loaded into police vans Thursday.” [CNN]
    * More on lawyers’ roles in the Edwards scandal. [New York Times]
    * Apple’s former general counsel, Nancy Heinen, will pay pay $2.2 million to settle SEC stock-option suit. Steve Jobs owes her big-time. [New York Times]
    * FAA plans to fine American Airlines $7.1 million for a laundry list of safety violations. [BBC News]
    * More details on former Supreme Court Justice Arthur Goldberg’s spy service. His main duty: “encourage and foment resistance.” [Washington Post]
    * Second Circuit reverses decision in John Steinbeck publishing rights case; copyright law misapplied. Congrats to Jenner & Block, counsel to the estate of Elaine Steinbeck. [Associated Press]
    * “The ABA plots a judicial coup.” [Wall Street Journal]
    * … and the ABA’s side of the story. [American Bar Association (video)]

    Hong Kong Island.jpg
    [Disclosure: This post is authored by Evan Jowers and Robert Kinney of Kinney Recruiting -- sponsor of the Asia Chronicles, and an ATL advertiser. Kinney has made more placements of U.S. associates and partners in Asia than any other firm in the past two years. You can reach them by email at asia at kinneyrecruiting dot com.]
    In an earlier article the Asia Corporate Lawyers (the prior authors of this column) discussed what life is like when you are an associate in Asia from their own perspectives. This week we are going to discuss what partners at U.S. or U.K. firms’ Asia offices seek when they are considering U.S. associate candidates. These topics are related in that the partners who interview candidates typically are looking to identify the people who will be most happy not only with the work that is presented by the Asia practice, but also with the style of practice and with their lives outside the office.
    Interviewing for an overseas position at any busy U.S. law firm or with the U.S. practice group of a UK firm is a bit different from interviewing for a spot in a domestic market for the same firm. As with any interview process, the gating factors at top U.S. practices in Asia are academics and law firm experience. Without impressive grades and top firm experience, you generally won’t be considered. But overseas partners are also looking for the right personality fit much more so than in a large domestic office. A major reason for this is because the offices are much smaller overseas, making it harder to hide a misfit (even a junior associate can be the face of the firm), but there are other reasons as well.
    At a basic level, the factors that are especially important to demonstrate in an interview overseas are these:

    • you have an entrepreneurial nature;
    • you have a high level of maturity for your experience level;
    • you have an outgoing personality (not overly “academic” in nature);
    • you are able to fit in with different cultures;
    • your personal presentation is generally positive; and
    • you are a team player (no prima donnas need apply)

    These are obviously all factors that are relevant in any interview at least as “plus factors”, but what follows is a discussion of why these particular factors are especially important in this environment. In our next article, we will discuss ways in which you can demonstrate (or fail to demonstrate) that you qualify based on your resume and interview performance. Some of our experience in this regard has been amusing as well as frustrating.
    Read more, after the jump.

    double red triangle arrows Continue reading “The Asia Chronicles: Interview Tips”

    London red double decker bus.jpg* Forbes’s foray into the college rankings game. Could law schools be next? Watch out, U.S. News. [Althouse]
    * D.C. gets its guns. [Wonkette]
    * Lawyer of the Day? Or, why you shouldn’t try to sell stolen property back to the rightful owner. [UPI]
    * Judge of the Day: Asian edition. But what’s so wrong with telling a co-worker to exercise good hygiene? [Mainichi Daily News]
    * Is London the new New York? Maybe — its banks are overextended and undercapitalized. [Portfolio via Dealbreaker]

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