Paul Clement
* If defending unpopular clients is cool, consider Paul Clement Miles Davis. He’s the lead lawyer in three politically charged cases going up before SCOTUS in the new year. [LA Times]
* Joe Arpaio’s going to have a tough time racially profiling Hispanics in 2012. What’s a man to do without verification powers and the ability to detain people on suspicion alone? [WaPo]
* A summary of the NLJ’s 2011 year in review round-up: all of this was a preview of what’s to come in 2012. And what’s to come? Same sh*t, different docket number. [National Law Journal]
* C&F fail: the California Supreme Court is busy worrying about Stephen Glass, a guy who took his “creative writing” efforts a bit too far. [San Francisco Chronicle]
* The Hollywood actress suing IMDb for revealing her age has to reveal much more thanks to this ruling. She’s got two weeks to amend her complaint to include her name. [The Wrap]
* “Oh my God, the law school has gone crazy.” Don’t blame the messenger, but UVA Law’s headlines on ATL are totally self-inflicted. Here’s Elie’s take on the collar-poppin’ action. [C-VILLE]
* Larry Ribstein, partnership law guru, business law blogger, and Associate Dean for Research at the University of Illinois College Law, RIP. [Truth on the Market]
* Robert Morvillo, New York trial lawyer and white-collar defense pioneer, RIP. [WSJ Law Blog]
* John Lawrence, plaintiff in the landmark LGBT rights case of Lawrence v. Texas, RIP. [NY Times]
Justice Kavanaugh has a nice ring to it.
* Searching for the perfect holiday present? Via Professor Glenn Reynolds: “As A Christmas Gift, Tell Your Friends and Relatives They’re Fat.” [Instapundit]
* If a Republican wins the White House in 2012, who might get nominated to the U.S. Supreme Court? Mike Sacks offers up a star-studded SCOTUS short list: the brilliant and genial Brett Kavanaugh, the fabulous Diane Sykes, certified superhottie Jeffrey Sutton, emerging feeder judge Neil Gorsuch, and star litigator Paul Clement. [Huffington Post]
* Another proposal on law school transparency. What is this “gainful employment” of which you speak? [Law School Transparency]
* If you can’t find gainful employment, well, maybe you can score a $500 reward from a concerned parent. [The Legal Satyricon]
* Speaking of Marc Randazza, here’s an interview in which he discusses “putting the nail in copyright holding company Righthaven’s coffin.” [WebmasterRadio.FM]
* A riddle from Eric Turkewitz: How is Indiana just like the old Soviet Union? [New York Personal Injury Law Blog]
* An interesting profile (by Peter Lattman) of Albert Foer — father of the three famous Foer brothers, and a celebrated and successful antitrust law crusader. [DealBook / New York Times]
Justice Elena Kagan
The latest issue of New York magazine contains a very interesting profile of the U.S. Supreme Court’s newest member, Justice Elena Kagan, penned by Dahlia Lithwick. Here’s the bottom-line summary of the piece (via Ezra Klein):
“While Kagan is assuredly a liberal, and likely also a fan of the health-reform law, a close read of her tenure at the Supreme Court suggests that she is in fact the opposite of a progressive zealot. By the end of Kagan’s first term, conservatives like former Bush solicitor general Paul Clement (who will likely argue against the health-care law this coming spring) and Chief Justice John Roberts were giving Kagan high marks as a new justice precisely because she wasn’t a frothing ideologue. The pre-confirmation caricatures of her as a self-serving careerist and party hack are not borne out by her conduct at oral argument, her writing, and her interactions with her colleagues. In fact, if her first term and a half is any indication, she may well madden as many staunch liberals as conservatives in the coming years.”
That’s just the overview. Let’s delve into the details a bit more….
Continue reading “A Portrait of Elena Kagan as a Young Justice”
The president looks good in a doctor's coat, no?
In a development that should surprise no one, the U.S. Supreme Court this morning agreed to review the constitutionality of President Barack Obama’s signature policy achievement, the Patient Protection and Affordable Care Act — aka Obamacare. This means that, before the end of the current SCOTUS Term in summer 2012, Anthony Kennedy the justices will rule on the validity of this sweeping legislation (unless they avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that might appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted by mentioning the jurisdictional issue in its certiorari grant.)
In the meantime, there will be a lot of cocktail party chatter about the health care reform law and its constitutionality. If you’d like some quick talking points, for use when you get the inevitable “What do you think about this as a lawyer?” questions from friends and family at Thanksgiving, keep reading….
Continue reading “Supreme Court To Decide Constitutionality of Obamacare”
He has really run the table of conservative causes. Paul is such a good advocate and such a cheerful friend that it’s easy to forget how conservative he is.
– Walter Dellinger, former acting Solicitor General during the Clinton Administration, commenting to the New York Times about Paul Clement, former Solicitor General during the Bush Administration.
* According to Jacoby & Myers, “winning is everything.” And by “winning,” they, of course, mean “settling.” Ten points to Gryffindor Jay Shepherd. [New York Times]
* Ah, DOMA. Like it or not, we’re footing the bill for a law the DOJ won’t touch. This guy wants us to stop putting money in Paul Clement’s pockets. [WSJ Law Blog]
* Cooley Law has filed a motion to dismiss the complaint over its employment statistics. Reasoning? BLAME THE ABA. [National Law Journal]
* “You are a beautiful grave — dead inside.” Be still my heart. What kind of a girl wouldn’t appreciate a love letter like this? A former tax attorney from Winston & Strawn, apparently. [New York Post]
* What happened at yesterday’s hearing on public nudity in the Bay Area? Soon the only buns you’ll see at restaurants in San Francisco will be on the table. [San Francisco Chronicle]
We’re now in late September, so you know what that means. The first Monday in October, which starts the new Term of the Supreme Court of the United States, is just around the corner.
With that in mind, the Heritage Foundation wrangled a high-powered pair of panelists to offer their thoughts on October Term 2011:
What did Messrs. Clement and Shanmugam have to say about the upcoming SCOTUS Term?
Continue reading “A Preview of the Upcoming Supreme Court Term”
* “I doubt this is constitutional, but let’s just do it.” Sounds like business as usual down in the Senate as to plans to extend the FBI Director’s term. [Blog of Legal Times]
* Are we really still talking about desegregating schools in Arkansas? I can’t even believe that this is a serious proposition. [WSJ Law Blog]
* This is what happens when lawyers from Yale stop being polite, and start getting real. What good can come from Kentucky or North Dakota? [PrawfsBlog]
* Ladies, should you take a new job while pregnant? To me, that’s kind of like asking, “Should I go bungee jumping while pregnant?” Not a good idea. [Corporette]
* Apparently, there’s some debate as to which city will be the next world capital of law. And no, it probably isn’t going to be one of these outsourcing cities. [Law21]
* Kash, of course it’s bad for America that Weiner is resigning. We don’t get to see any more big, kosher pickles. [The Not-So Private Parts / Forbes]
* Summer associates, please take note. Do not send emails to colleagues about wild, underage ragers like this JP Morgan intern did. You will look like a complete tool. [Dealbreaker]
* Leave it to Paul Clement to get this lady off with a 9-0 decision. It turns out she wasn’t a terrorist, just a little kooky. [CNN Justice]
* Bob Tennant of Recommind tells patent critics (and competitors) a thing or two about prior art and automated discovery. [Recommind]
Paul Bergrin
* New York magazine is on a roll: first the buzz-generating Paper Tigers piece, then the big Anna Nicole Smith story, and now this great profile of Paul Bergrin, “The Baddest Lawyer in the History of Jersey.” [New York Magazine]
* When Elie read Megan McArdle’s response to his debt story, he screamed, “I said I PAID my federal loans!” I told him the screen couldn’t hear him but he kept right on screaming. [The Atlantic]
* A few highlights from the Sarah Palin email dump. [Wonkette]
* A lap dance might get a rise out of a recipient, but it doesn’t rise to the level of art, according to a New York state appellate court. [Albany Times-Union]
* The new home of Paul Clement — Bancroft PLLC, founded by Viet Dinh — has become D.C.’s “it” firm with respect to conservative causes. Where does it get its name? [Bloomberg BusinessWeek]
* Speaking of the former Solicitor General, here’s his substantive defense of the Defense of Marriage Act (via Chris Geidner). Check it out — there’s a link to his brief — and see what you think. [Poliglot / Metro Weekly]
* Speaking of gay marriage, here’s an interesting legal issue, involving foster care and adoption, same-sex couples, and religious freedom. [Peoria Journal Star]
* An update on Aaron Biber, prominent law firm partner turned convicted pedophile. [Minnesota Lawyer]
King & Spalding’s willingness to drop a client, the U.S. House of Representatives, in connection with the lawsuit challenging the Defense of Marriage Act (DOMA) was such an obsequious act of weakness that I feel compelled to end your legal association with Virginia so that there is no chance that one of my legal clients will be put in the embarrassing and difficult situation like the client you walked away from, the House of Representatives.
– Virginia Attorney General Ken Cuccinelli, in a letter firing the law firm of King & Spalding.
A second quote of the day, from the New York Times, after the jump.
Continue reading “Quotes of the Day: When Ken Cuccinelli and the New York Times agree you screwed up, you screwed up.”
I think it’s important for lawyers on the other side of the political divide from Paul, who’s a very fine lawyer, to reaffirm what Paul wrote [in his resignation letter from King & Spalding]. Paul is entirely correct that our adversary system depends on vigorous advocates being willing to take on even very unpopular positions. Having undertaken to defend DOMA, he’s acting in the highest professional and ethical traditions in continuing to represent a client to whom he had committed in this very charged matter.
– Seth Waxman, former U.S. Solicitor General (under President Clinton) and current WilmerHale partner, commenting to Washingtonian magazine on the decision of fellow former S.G. Paul Clement to resign from King & Spalding and join Bancroft PLLC. At Bancroft, the D.C. boutique law firm founded by former Assistant Attorney General Viet Dinh, Clement will continue to represent the Bipartisan Legal Advisory Group of the House of Representatives in its defense of the Defense of Marriage Act (DOMA).
Paul Clement (left) and John Boehner (right)
The leading law firm of King & Spalding, which came under fire from LGBT rights groups after its defense of the Defense of Marriage Act (DOMA) became public last week, has moved to withdraw from the litigation. The firm cited problems with the vetting process applied to the engagement.
And Paul Clement, the former U.S. Solicitor General and King & Spalding partner who was going to spearhead the DOMA defense, is now a former K&S partner. He resigned from K&S this morning, in response to the firm’s withdrawal decision. Clement will continue his representation of the House of Representatives in DOMA litigation from his new home, Bancroft PLLC, the high-powered D.C. boutique founded by a fellow alum of the Bush Department of Justice, Georgetown law professor Viet Dinh.
UPDATE (12:20 PM): We reached out for comment to Professor Dinh, who said: “Paul wins the biggest cases and Bancroft solves the most complex problems. This is a no brainer. We will continue to do what Paul and I love doing most, which is to serve the best interests of our clients.”
Let’s take a look at King & Spalding’s stated justification for dropping the DOMA representation, and at Paul Clement’s resignation letter….
Continue reading “Paul Clement Quits King & Spalding After K&S Moves to Drop DOMA Defense”
[A] lawyer who defends an individual or a law, no matter how unpopular or distasteful, helps ensure that the outcome is viewed as fair. If DOMA is struck down, the fact that it was defended effectively will make the victory for its opponents more credible…. We hope [Paul] Clement loses, but we don’t begrudge him the assignment. Even a lawyer of his skills will find it hard to defend a discriminatory law like DOMA.
– a Los Angeles Times staff editorial, defending former Solicitor General Paul Clement and his law firm, King & Spalding, against criticism of their defense of the Defense of Marriage Act (DOMA).
Paul Clement (left) and John Boehner (right)
They say that everyone is entitled to a lawyer. [FN1] But is everyone entitled to the services of former U.S. Solicitor General Paul Clement, one of our nation’s finest appellate advocates? At a discounted rate, no less?
As we mentioned in yesterday’s Non-Sequiturs, the U.S. House of Representatives has hired Paul Clement and Clement’s law firm, the venerable King & Spalding, to defend the Defense of Marriage Act. DOMA, which essentially bars recognition of same-sex marriages for purposes of federal law, has been struck down in part by various federal courts, and the Obama Administration has decided to stop defending the 1996 law in constitutional challenges.
So the House Republicans have stepped up to the plate to defend DOMA. And they’ve hired some high-powered counsel for the task, namely, Clement and King & Spalding.
The contract between the House and King & Spalding was made public today by the office of House Minority Leader Nancy Pelosi (after Speaker John Boehner declined to release it). The agreement contains some interesting tidbits, including the hourly rate the House will be paying, as well as a cap (although an adjustable one) on the fees to be paid to K&S.
Let’s take a look, shall we?
Continue reading “Paul Clement and King & Spalding Defend DOMA — at a Discount”
Paul Clement (left) and John Boehner (right)
* House Speaker John Boehner and former U.S. Solicitor General Paul Clement, now at King & Spalding, have joined forces to fight marriage equality by defending DOMA. Talk about two people who will not be taking their talents to South Beach. [The BLT: The Blog of Legal Times]
* The tax returns of Barack Obama and Joe Biden have been made public. Notes Professor Paul Caron: “It’s amazing how much more politicians give to charity in years in which they know their tax returns will be released to the public (although Biden still tosses around gifts to charity like manhole covers).” [TaxProf Blog]
* Sorry, Chief Judge Kozinski: Winkelvii non quitum. [Fox News]
* DLA Piper promotes 53 lawyers to partnership. For the blue wedge, name all the offices that are getting new partners. [Am Law Daily; DLA Piper (press release)]
* If you were underwhelmed with OCI at your law school, a new service — JD Match, founded by law-firm consultant and blogger Bruce MacEwen — wants to try to match you up with employers ready to hire. [WSJ Law Blog]
* People keep acting like their law firms are hunting for associates expressing discontent. But law firms aren’t as paranoid as Roger Ailes. [Gawker]
* It’s always nice when our nation’s legal system comes to the defense of punk bands. [Los Angeles Times]
* It’s almost time for the anniversary of the historical basis for Texas thinking it’s better than everybody else. [The Defense Rests via Blawg Review]
* Happy Passover to everyone. Don’t forget your blowtorches. [Wall Street Journal]
As we mentioned earlier this week, Steve Sanders — a fourth-year associate at Mayer Brown, no relation to the 90210 character — argued before the U.S. Supreme Court on Wednesday.
When we emailed him on Wednesday to set up an interview, we received this rather straightforward Out of Office message:
I’ll be traveling on client and professional business Monday, 11/2 through Saturday, 11/7. I will have access to email, but my response may be delayed. Thanks.
How modest! If we had been in Sanders’s shoes, we would have used this Out of Office auto-reply:
Oyez, bitchez!!! Today I’m arguing before the freakin’ Supreme Court of the United States.
Later, haters!!!
But that’s not Steve Sanders’s style. He is dignified and professional, as we discovered when we caught up with him by phone after his argument.
Continue reading “A Mayer Brown Associate’s Supreme Court Debut:
A Post-Argument Recap”
As we mentioned in our recent open thread on appellate work, Mayer Brown has one of the best appellate and Supreme Court practices in the country. The firm is also known for being rather democratic when distributing SCOTUS arguments; they tend to spread the argument wealth around, instead of funneling all the arguments to a single prominent advocate.
Make that very democratic about doling out SCOTUS arguments. Today Steve Sanders, a fourth-year associate in Mayer’s Chicago office, argued the case of Pottawattamie County v. McGhee before the U.S. Supreme Court.
Of course, Biglaw associates have appeared before the high court before. E.g., Lindsay Harrison of Jenner & Block, who also argued — and won — her first case at One First Street. But one thing that’s unusual about Pottawattamie County is that it’s a paying case, not a pro bono matter.
Sanders has some serious opposition. Read more, after the jump.
Continue reading “Mayer Brown Associate Makes His Supreme Court Debut”
Could it be? A message for ATL from Paul Clement, the 43rd Solicitor General of the United States?
(It’s not completely out of the question. We have written about Clement a fair amount, and we have also met him in person.)
The lowercase type for his name seemed a little odd. But some very prominent attorneys, like John Quinn of Quinn Emanuel, use lowercase type for email messages. Based on the subject line, “Order,” we guessed that perhaps the former SG wanted to share a funny court order with us.
Read the message from Paul Clement, after the jump.
Continue reading “An Email From the Former Solicitor General?”
The Associated Press (via the Washington Post) reported Tuesday that the short list to replace Alberto Gonzales as AG is the following five names:
Ted Olson
George J. Terwilliger, III
Sen. Orrin Hatch
Larry D. Thompson
Paul D. Clement
Ted Olson seems like a solid, non-controversial choice. Terwilliger would definitely be the most fun name to have as AG. Senator Hatch is an interesting choice, but I’m not sure he’s interested. We took a class from Thompson in Anti-Terrorism and Criminal Procedure at UGA Law, and we liked him well enough. Clement is a logical choice I suppose as the current acting AG.
Here’s hoping that it is one of these guys, and not one of the crazy names being thrown around on Monday, like Michael Chertoff. Let’s try to go with somebody with a history of, I dunno….competence.
