S.D.N.Y.

‘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”….

double red triangle arrows Continue reading “A Sure Way to Unfriend Someone — Serve Them Through Facebook”

Not pictured: Wall Street Journal.

[The article] lays it out. It gives motive, it gives you methodology, it reflects experts who think it’s valid. This is not the only piece. This article takes the same kind of approach that you have taken in this case.

I mean, frankly, I am totally puzzled, given that plaintiffs’ bar in this area uses the Wall Street Journal as their source of clients and cases, right? You guys read it every day, looking for scandal, right? Other people read People Magazine, but you read the Wall Street Journal.

– Judge Naomi Reice Buchwald (S.D.N.Y.), discussing inquiry notice of plaintiff’s claims with David Kovel of Kirby McInerney, counsel for plaintiffs in the Libor lawsuits, during Tuesday’s hearing.

(The article Judge Buchwald mentions ran in the Wall Street Journal in 2008 and raised serious questions about Libor’s integrity.)

* The horror! The horror! Sacrilege! Constitutional law nerds nationwide will weep at the very thought of someone suggesting that our country’s governing document be amended to abolish life tenure for Supreme Court justices. [Los Angeles Times]

* Quite frankly, it’s pretty amazing how quickly the preclearance section of the Voting Rights Act went from being seen by states as something that wasn’t “onerous” to being “arbitrary and burdensome.” That’s politics for you. [It's All Politics / NPR]

* Jim Woolery, an M&A superstar formerly of J.P. Morgan, has made the jump to Cadwalader after only two years at the bank. Upgrade or downgrade from his Cravath partnership? [Wall Street Journal (sub. req.)]

* Some law professors stop teaching classes to tend to their divorce proceedings, but other law professors teach classes from their hospital beds so their students aren’t thrown to the wolves. [Tex Parte / Texas Lawyer]

* It you want to be employed, make damn sure you nail your interview because “[t]he stakes are higher than ever” — fewer than 13 percent of permanent law jobs were obtained from OCI in 2011. [National Law Journal]

* Greenlight Capital’s case against Apple might have been perceived as a “silly sideshow” by some, but it looks like Judge Richard Sullivan of the S.D.N.Y. purchased front row tickets. [DealBook / New York Times]

* Speaking of silly sideshows, the DOJ recently joined the fray with Floyd Landis and his False Claims Act suit against Lance Armstrong. Perhaps it’s time for the disgraced biker to take his ball and go home. [Bloomberg]

* Alan Westin, privacy law scholar and professor emeritus of public law at Columbia, RIP. [New York Times]

* And here’s the depressing fact of the day (well, at least the morning): the legal services sector added just enough jobs from December 2011 to December 2012 to represent a .7% increase. Gah, not even a full percentage point! [WSJ Law Blog (sub. req.)]

* A federal judge who never worked at a law firm for a single day in her life stepped down from the S.D.N.Y. to join Zuckerman Spaeder. She only wanted to “try something new,” but she may be in for a little bit of a rude awakening. [DealBook / New York Times]

* Dewey know what the “fundamental problem” is with this failed firm’s partner contribution plan? When even the bankruptcy judge overseeing the case is confused, you know you’re in for a bumpy ride. [Am Law Daily]

* The suit against Albany Law over its allegedly misleading employment statistics was dismissed, but have faith, ye of little hope, because some cases are heading to discovery. [Thomson Reuters News & Insight]

* James Holmes, the man accused of murder in the Aurora movie theater massacre, will appear in court today for his first evidentiary hearing. Of course, none of that matters, because he’ll just say he was insane. [CNN]

It turns out, Mongolia was right.

Back in May, we told you about a lawyer who, on behalf of the president of Mongolia, was involved in his own crusade to stop the auction of precious Tyrannosaurus bones. Lawyer Robert Painter and President Elbegdorj Tsakhia argued that a Tyrannosaurus bataar skeleton had been smuggled out of Mongolia to be sold in America.

Eventually, U.S. Attorney Preet Bharara of the S.D.N.Y got involved, on the side of Mongolia. It turns out that this Mongolian dinosaur was just the tip of one man’s international smuggling operation.

That man pleaded guilty yesterday….

double red triangle arrows Continue reading “Cretaceous Law: Bone Smuggler Pleads Guilty”

Judge Lorna Schofield (S.D.N.Y.) looks like my mom. Is she as divalicious? Let’s hope!

* How much could going over the fiscal cliff cost midlevel to senior associates whose bonuses get paid in January? Here’s an estimate. [Thomson Reuters News & Insight]

* Congratulations to the newest member of the S.D.N.Y. bench: former Debevoise partner Lorna Schofield, the first person of Filipino descent to be confirmed as an Article III judge. [AABANY]

* Judges in my home state of New Jersey are always so fair-minded. Here’s a great recusal motion, directed at Judge Carol Higbee in the New Jersey Accutane mass tort case. [Reed Smith via Drug and Device Law.]

* Make sure you don’t murder any babies before signing up to meet Nancy Grace. [Charity Buzz]

* Check out Advisable, an innovative new service for helping lawyers connect with clients; it’s free and easy to join. [Advisable (description); Advisable (application form)]

* If you’re looking for a stocking stuffer (affiliate link) for a young lawyer in your life, look no further; Dan Hull has a great recommendation. [What About Clients?]

If you’re interested in Judaism, Supreme Court clerks, or both, there’s a video for you after the jump….

double red triangle arrows Continue reading “Non-Sequiturs: 12.13.12″

DVF: ‘You must be kidding me.’

* “This is a total victory not just for the C.F.T.C., but also for financial reform.” Regulators, mount up, because you basically just got a free pass to do your jobs and keep a more watchful and vigilant eye on Wall Street. [DealBook / New York Times]

* Last year, China officially surpassed the United States in terms of the number of patent applications filed. China’s probably surpassed the United States in terms of patents infringed, but that’s neither here nor there. [National Law Journal]

* And now we see why St. Louis University School of Law’s interim dean said he’d be donating his salary to the school. He’s no “butt boy” — he’s settled $25M worth of cases since the fall. [Madison-St. Clair Record]

* “Help me, I’m poor”: the Huffington Post’s army of unpaid bloggers will continue to be unpaid, because the Second Circuit recently affirmed the S.D.N.Y.’s decision to toss out their case. [WSJ Law Blog (sub. req.)]

* Diane von Furstenberg, the fashion designer behind luxury brand DVF, is suing an ex-distributor for selling her wares on the cheap to the likes of TJ Maxx and Marshalls. Ugh, cringe… that’s très déclassé. [Bloomberg]

* In a move to “end the vacancy crisis,” one week after being reelected, and one day after the Senate returned to session, Barack Obama nominated seven people for open seats on federal district courts, including two S.D.N.Y. slots. [Blog of Legal Times]

* Dewey know how much the Los Angeles Dodgers will have to pay the now defunct firm for its work on the team’s Chapter 11 bankruptcy case? About $13M — the equivalent of their pitcher’s salary, or 62% of their first baseman’s pay. [WSJ Law Blog]

* Which Biglaw firms in the Am Law 200 are the most LGBT friendly? Overall, of the 145 firms that participated in the Human Rights Campaign’s survey, 71 received perfect scores. Absolutely fabulous! [Am Law Daily]

* The American Bar Association’s Task Force on the Future of Legal Education wants to know what should be done about law schools. This is a time to keep it simple, stupid: change EVERYTHING! [National Law Journal]

* The New York Court of Appeals invoked the Major Disaster Rule for the first time ever, allowing out-of-state attorneys to perform pro bono services for Hurricane Sandy victims. [Thomson Reuters News & Insight]

* William Adams, the Texas family court judge who got caught beating his daughter, returned to the bench yesterday after a year-long suspension. At least he won’t get physical abuse cases, anymore. [Fox News]

* John Coffey, Senior Status Judge of the Court of Appeals for the Seventh Circuit, RIP. [Journal Sentinel]

We’ve been carving out a little dinosaur law beat over the last several months, thanks to the contentious auctioning off of a Mongolian Tyrannosaurus bataar skeleton. The auction was interrupted when the Mongolian president’s attorney stood up and shouted, “I’m sorry, I need to interrupt this auction. I have a judge on the phone,” in an unsuccessful attempt to stop the sale.

Unfortunately for the anonymous million-dollar winning bidder, the dinosaur bones are stuck in limbo a little longer. Lawsuits have been flying around in the aftermath of the auction, and yesterday, New York police arrested the archaeologist who allegedly brought the bones to the U.S.

And now, ladies and gentlemen, we are leaving Jurassic Park and entering DaVinci Code Land. Please keep your hands and legs inside the vehicle…

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Now that classes are back in session, I really hope some professor at Cardozo Law School pulls Benula Bensam aside and tells her that her keeping the story about her passing notes to Judge Jed Rakoff (S.D.N.Y.) alive is probably not helping her chances of securing a legal job.

You’ll remember Bensam as the student who got reprimanded for passing notes to Judge Rakoff during the Rajat Gupta trial. She went on to sue federal prosecutors and marshals for a number of claims arising out of largely standard courthouse security protocols. As we’ve previously discussed, upon leaving the courthouse Bensam wanted her cell phone back and had problems getting it.

Judge Andrew L. Carter (S.D.N.Y.) kicked most of Bensam’s case today, but he did give her leave to file an amended complaint on one issue.

For her sake, I hope she doesn’t take it…

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