Attorney General Alberto Gonzales may be slightly more secure in his position these days than in the recent past, when it was looking like “Gonzales” was Spanish for “canned.” But he’s not out of the woods yet — which is why speculation about possible successors continues.
Ben Wittes, writing for TNR Online, has some excellent insights. His overall take:
[B]etween a sinking administration that still demands loyalty above all else and congressional Democrats keen on using their new oversight powers, finding a candidate who satisfies both sides will be hard. The next attorney general must be someone acceptable enough to Democrats not just to get confirmed but to tamp down the fire Gonzales has witlessly set.
But he must also be enough of a conservative to satisfy the White House. And he needs a reputation for probity and moral seriousness sufficient to speak to the public and to Congress with the respect that Gonzales obviously lacks. It’s a tall order–a pinch so tight that it squeezes out almost all of the names being bandied about in public.
Wittes then marches through various possible nominees. Discussion continues, after the jump.
We love lists: the Forbes 400, the U.S. News college and law school rankings, or Washingtonian magazine’s list of 40 top lawyers under 40. We love lawyers — which is good, since we spend all day writing about them. And we love fabulous things.
So you can imagine our delight upon seeing this feature from The American Lawyer: The Young Litigators Fab Fifty. It’s a list of 50 top litigators from around the country, all under the age of 45, whom the magazine “expect[s] to see leading the field for years to come.”
You can check out the list here. Regular readers of ATL will recognize many of these youthful luminaries. Here are some highlights:
– Latham & Watkins partner Sean Berkowitz,* the former prosecutor who rose to fame durring the Enron case;
– Paul Clement, the U.S. Solicitor General (who was very nice to us);
On the whole, it’s an excellent list. We can think of a few questionable omissions (and a few dubious selections). But with something this subjective, reasonable minds will differ.
Congrats again to the Fab Fifty!
* Does anyone know if Sean Berkowitz and Bethany McLean, the Fortune reporter who covered Enron, are still an item? The Young Litigators Fab Fifty [American Lawyer]
In about fifteen minutes, the Supreme Court will start hearing oral argument in two big-ticket cases about the use of race as a factor in assigning students to public schools. One case comes from Louisville, Kentucky, and the other from Seattle, Washington.
Expect a packed courtroom — the cases are sexy enough to merit same-day audio — and some less-than-stellar advocacy. From Tony Mauro of the Legal Times:
[T]he suspense will [also] focus on Teddy Gordon, the Louisville solo practitioner who will argue against using race. His nine-page merits brief was attacked as “extremely weak” by Columbia Law School professor Michael Dorf, a former clerk to Justice Anthony Kennedy who wondered in a Findlaw column why Gordon should be allowed to “waste everybody’s time” at argument.
The Court may feel the same way. Solicitor General Paul Clement, who sides with Gordon, asked for 10 minutes of Gordon’s half-hour argument time. The Court gave Clement 15 instead, an unusual move. Top practitioners could not persuade Gordon, who has handled the case since 1999, to step aside.
Ouch. At that point, Gordon should have taken the hint. But then again, he can’t be blamed for wanting to tell his grandkids that he once argued before the SCOTUS.
[A spokeswoman for Gordon] acknowledges that he “has never been inside the [Supreme Court] building,” but adds that he did buy a suit for the occasion “from the famous French designer Jacques Penney.”
Throughout the Federalist Society National Lawyers Convention, which we attended last week, various members and leaders of the group revelled in its reputation for being part of the “vast right-wing conspiracy” (in the immortal words of Senatrix Hillary Rodham Clinton).
We’re going to play along. We have a few write-ups of conference events that we’ll be posting, and we’re titling this series of posts From the Belly of the Beast.
Last week we mentioned how we got to meet Solicitor General Paul Clement (at right), the federal government’s lead advocate before the Supreme Court. We provide a quick account of his remarks to the Society, after the jump. Note: In our prior post, we badly botched — we’re talking John Kerry-style botchery — a description of Solicitor General Clement’s record of Supreme Court appearance. These twocomments set the record straight: Clement is 40 years old, and he has had 36 Supreme Court oral arguments, making him just four arguments short of matching his age. Warning: The rest of this post contains that dreaded thing known as “substantive legal discussion.” And there’s not much in the way of humor to leaven the proceedings. So read on at your own risk, and don’t complain if it’s a little dry.
Alas, celebrity professor Tim Wu — who was originally scheduled to appear on the Federalist Society Convention panel we just returned from, addressing net neutrality — was not there.
We were graced by the presence of Professor Christopher Yoo, however, and his presentation was excellent. Alas, due to the time constraints, he had to cover his material rather quickly.
Earlier today, we attended an address by Solicitor General Paul Clement, the government’s chief Supreme Court advocate — and were able to meet the man himself. We were in the lobby of the Mayflower Hotel, chatting with fantastic Supreme Court correspondent Tony Mauro, when Mr. Clement (“General” Clement?) exited the ballroom in which he had just spoken. Mr. Mauro then introduced us to the Solicitor General, who was most genial. He’s a friendly and accessible fellow, despite being a celebrity of the legal profession, with 32 Supreme Court arguments under his belt — at the tender age of 36 40.
(Thanks to this commenter for the correction. Clement was born in 1966. The statement of his age was made in the remarks introducing him, but we neglected to double-check them before posting.)
(We apologize to the Solicitor General for our rather disheveled state. We were unshaven, sweaty, tie-less — and, horror of horrors, wearing a button-down shirt. That has got to violate SOME provision in Title 18 of the U.S. Code!)
This past Saturday, October 21, Washington superlawyer Ted Olson and his fiancee, Lady Booth, were married. The wedding ceremony took place at the stunningly beautiful Meadowood resort, in Napa Valley, California.
Olson, a giant of the Supreme Court bar, served as Solicitor General — the federal government’s top lawyer before the Supreme Court — from 2001 to 2004. He’s currently a partner in the elite D.C. office of top-flight firm Gibson, Dunn & Crutcher.
Olson successfully litigated the landmark 2000 election case, Bush v. Gore, in the Supreme Court. On the losing side: renowned litigator David Boies. But presumably there were no hard feelings, since Boies showed up for the wedding festivities — along with many other legal luminaries.
Some legal celebrity sightings, from the Washington Post’s Reliable Source:
More than 300 guests attended the midafternoon ceremony on the golf course, including Supreme Court Justice Anthony Kennedy, former justice Sandra Day O’Connor, Homeland Security Secretary Michael Chertoff, legal commentators Victoria Toensing and Joe diGenova, NPR’s Nina Totenberg, legal names such as Robert Bork, Kenneth Starr, David Boise [sic], and Olson’s law partner Bill Kilberg. U.S. Appeals Court Judge Laurence Silberman performed the ceremony, and Wall Street Journal Publisher Gordon Crovitz served as best man.
This is Booth’s first marriage and Olson’s fourth. The couple will honeymoon in Hawaii.
We hear through the grapevine that the wedding was, not surprisingly, “a great time. It seemed like half of Washington was there!”
Other notable guests: Judge J. Harvie Wilkinson, of the Fourth Circuit; Judge Diarmuid O’Scannlain, of the Ninth Circuit, and his ever-stylish wife, Maura O’Scannlain; Frank Fahrenkopf, former RNC chairman and current gaming industry superlobbyist, with his wife, Mary; current Solicitor General Paul Clement; and conservative pundit Laura Ingraham.
Despite the tremendous collective brainpower of these august guests, we hear that several of them were left scratching their impressive craniums by one wedding detail: the request on the wedding invite for “Napa Casual” attire.
These leading minds of the bench and bar can slice, dice, define and parse the most complex legal terms known to man. But throw two innocent little words at them — “Napa Casual” — and watch them panic.
If only every day could be a court day. Who doesn’t look good in black? Update: You can check out photographs from the wedding by clicking here. Napa Nuptials for Olson and His Lady [Washington Post] Theodore B. Olson, Solicitor General bio [USDOJ.gov] Theodore Olson [Wikipedia]
ATL extends its warmest congratulations to Alice S. Fisher, who was just confirmed by the Senate as Assistant Attorney General for the Criminal Division — one of the most important and high-ranking posts at the Department of Justice. The vote was 61-35, with 7 Democrats crossing the aisle to support her.*
The Senate sure took its sweet time in confirming Alice Fisher. Back in August 2005, the White Collar Crime Prof Blog asked: When Will the Senate Confirm Alice Fisher to Lead the Criminal Division? It noted that Fisher was nominated as Crim Div AAG back in April — of 2005, mind you — and approved by the Senate Judiciary Committee in May 2005.
We’re delighted by this news, ’cause we can’t get enough of the brassy, blonde, tough-talking Fisher. In Washingtonian magazine’s July 2006 list of “40 Top Lawyers Under 40,” Fisher came in second (behind Solicitor General Paul Clement). The magazine quoted lawyers who described Fisher — a 1992 graduate of Catholic University Law School, and a protege of DHS Secretary Michael Chertoff — as a “tornado” during her time at Latham & Watkins (where she was a partner before joining the Justice Department).**
Fisher is a native of Kentucky — but based on her bad-ass demeanor, you’d guess she emerged from the mean streets of Brooklyn (pre-Yuppification). We can still recall Fisher’s press conference announcing charges against disgraced lobbyist Jack Abramoff. Fisher held forth like a sheriff from the Old West, making clear to Capitol Hill criminals that she would hunt them down and bring them to justice.
During her remarks, Fisher mispronounced Abramoff’s name — maybe she said something like “uh-BRAM-off” — over and over again. This led some Beltway insiders to snicker; tout le monde knew Jack Abramoff and the proper pronunciation of his name.
But we were loving it. Why? Rumor has it that this DOJ diva knew full well how to pronounce “Abramoff,” but mangled it on purpose — to send him a message. That message: “Congressmen have been kissing your ass for years. Everywhere you go in this town, people treat you like royalty. But to me, Mr. uh-BRAM-off, you’re just another common criminal — and I’m going to treat you like one. Bite me!” ALICE FISHER 4 EVER!!
* The seven Democrats who supported Fisher were Evan Bayh, Byron Dorgan, Russell Feingold, Blanche Lincoln, Ben Nelson, Mark Pryor, Kenneth Salazar. One Republican, Norm Coleman, did not vote.
** Michael Chertoff has a long and distinguished list of high-powered proteges. See here. Gonzales Statement on Confirmation of Alice S. Fisher as Assistant Attorney General for the Criminal Division [DOJ press release] President Pleased by Senate Confirmation of Alice S. Fisher [WhiteHouse.gov] When Will the Senate Confirm Alice Fisher to Lead the Criminal Division? [White Collar Crime Prof Blog] Alice S. Fisher [National Law Journal]
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.
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
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• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
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