S.D.N.Y.

No, RBG, that’s not the internet.

* According to Justice Elena Kagan, the rest of her colleagues are Supreme technophobes. Because “[t]he court hasn’t really ‘gotten to’ email,” they still pass handwritten memos to each other. [Associated Press]

* “[I]f we don’t get some relief we might as well close our doors.” Thanks to sequestration, budget cuts to the federal judiciary have resulted in layoffs in the Southern District of New York. Sad. [New York Law Journal]

* Kodak’s Chapter 11 reorganization was approved by Judge Allan Gropper, who called the affair “a tragedy of American economic life.” He must’ve had fond memories of getting other people’s pictures. [Bloomberg]

* Bankruptcy lawyers for corporate debtors are going to have to crack down on churning their bills. Starting in November, they will be subject to additional rules, and even (gasp!) fee examiners. [WSJ Law Blog]

* Guardian reporter Glenn Greenwald’s partner, David Miranda (because of course his surname is Miranda), has lawyered up after his unusual nine-hour detainment at Heathrow airport this weekend. [Am Law Daily]

* So long, Nuts and Boalts: Christopher Edley, dean of Boalt Hall, is taking a medical leave and cutting short his term as the school’s leader at the end of the year. [Bottom Line / San Francisco Chronicle]

* “We’ll take him.” Indiana Tech Law School opens today, and its founding dean is very excited to add a 33rd student — one who was admitted yesterday — to the school’s inaugural class. [National Law Journal]

* Eugene Crew, co-founder of the firm once known as Townsend and Townsend and Crew, RIP. [Recorder]

[T]he city’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of targeting “the right people” is racially discriminatory and therefore violates the United States Constitution.

– Judge Shira Scheindlin (S.D.N.Y.), in a ruling declaring that the New York Police Department’s hotly debated stop-and-frisk tactics violated the Fourth and Fourteenth Amendments.

(Continue reading to see Judge Scheindlin’s glorious 195-page opinion. It’s a legal document that should be on every lawyer’s required reading list.)

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One hopes “black edge” wasn’t on the list. Anyway, today’s indictment against SAC, for wire fraud and securities fraud, is something to behold:

“For example, on or about July 29, 2009, a recently hired SAC PM (the ‘New PM’) sent an instant message to [Steve Cohen] and relayed that, due to some ‘recent research,’ the New PM planned to short Nokia when he started work 10 days later. The New PM apologized for being ‘cryptic’ but noted that the head of SAC compliance ‘was giving me Rules 101 yesterday – so I won’t be saying much[.] [T]oo scary.’”

Possibly the weirdest part here is that new hires got compliance lectures two weeks before they showed up at the firm? But maybe not; the DOJ takes a pretty dim view of SAC’s hiring process generally, and if you believe the DOJ that SAC’s main hiring criterion was “is good at insider trading,” then you could imagine the need for a little pre-start-date warning in email etiquette:

Continue reading over at DealBreaker….

Billionaires can get away with a lot because they’re billionaires and can get pretty much whatever they want at any given moment. Except childhood sleds.

Couple billions of dollars with running an eight million person personal fiefdom, and it’s not surprising that Mayor Michael Bloomberg has developed an unhealthy disrespect for any other authority.

Unfortunately for him, there are higher authorities in this world, and Bloomberg may have finally done enough to get the public spanking he’s been courting.

Friday afternoon, Mayor Bloomberg walked once again into the thresher maw that is the legal quagmire of his “stop and frisk” program by declaring that the program, criticized as racial profiling writ large, “stops too many whites.”

Well, Bloomberg is probably right. The program does stop too many whites…

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The NYPD really loves its stop and frisk policy. The prospect of randomly stopping exclusively minorities a random selection of New Yorkers really excites the department. And why not? The practice has done wonders to prevent crime in the city. Well, if you define “crime” as pot possession. Because the policy hasn’t accomplished much of anything else.

Now the constitutionality of the policy is in jeopardy, awaiting a decision from Judge Shira “Don’t Call Me Judy” Scheindlin, the judge the City decided to embarrass by commissioning a report accusing her of bias because the City is incredibly stupid.

When and if (OK, “when”) Judge Scheindlin strikes down the current iteration of the policy, Eric Holder has a suggestion for how to remedy the violation. And Mayor Mike Bloomberg is none too pleased…

double red triangle arrows Continue reading “Eric Holder Wants to Stop and Frisk the NYPD”

BP Interns preparing to take over operations at Deepwater Horizon, April 19, 2010.

For the record, that was not the “royal ‘we’” in the title — here at Above the Law, we pay our interns. But a whole lot of folks don’t, because when no one else is hiring, companies can get away with offering to hire folks for the promise of experience and a cup of coffee (disclaimer: “Cup of Coffee” not provided).

Mercifully, law firms haven’t succumbed to the impulse to bring on interns for free. Oops, spoke too soon (fourth item).

But Judge William Pauley of the Southern District of New York delivered some big wins for unpaid interns yesterday…

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These are trying times for clerkship applicants. The Law Clerk Hiring Plan is pretty much dead, at least in its strictest version, and it seems like every judge is going his or her own way.

The best applicants can hope for, in the absence of any standardized approach to law clerk hiring, is transparency. Ideally judges should provide clear and comprehensive information about their own particular approaches to hiring clerks. Thanks to this nifty thing called the internet, it’s not that hard.

As in many things, the Southern District of New York provides a model for other courts to follow….

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Last month, the powers-that-be behind OSCAR (the Online System for Clerkship Application and Review) made some changes to the remnants of the Law Clerk Hiring Plan (to the extent that folks still follow the Plan). The upshot: OSCAR will release the electronic clerkship applications of rising 3Ls on June 28, 2013, at 12:00 p.m. (ET). At that point, judges are free to schedule and conduct interviews and make clerkship offers.

In writing about this news, I questioned the wisdom of this approach: “The Plan provides for ‘a single date to receive applications, schedule and conduct interviews, and make clerkship offers.’ This could be a recipe for an utterly shambolic process, a mad scramble for talent on June 28, full of hastily conducted interviews, exploding offers, and questionable behavior by both judges and applicants.”

Well, it seems that some judges agree with this analysis and are taking a different tack….

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Judge Jed Rakoff

The trustee… having for more than three years issued empty threats to seek a halt to the attorney general’s suit, has lost his right to complain. Even on the merits, moreover, his bluster proves to be without substance.

– Judge Jed Rakoff (S.D.N.Y.), issuing a harsh benchslap to Irving Picard, the trustee involved in the Bernie Madoff case, for trying to block a settlement he wasn’t involved in between J. Ezra Merkin and New York Attorney General Eric Schneiderman.

‘What do you mean I’ve been sued?’

Facebook has an important role in modern society, specifically sharing baby/cat pictures and facilitating high school reunion planning. Oh, and disappointing amateur investors.

Now, in at least one case, the government will use Facebook to serve defendants.

The decision reflects the growing faith in the reliability of electronic messaging, taking jurisprudence further down the path started when courts began recognizing email service. On the other hand, Facebook’s messaging kind of blows. I constantly find messages in my inbox days after they were sent.

I assume service is effected by uploading a picture of the filing and tagging it “You”….

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