S.D.N.Y.

Mr. Mukasey Goes to Washington

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Michael Mukasey Chief Judge Michael B Mukasey SDNY Above the Law blog.jpgWe’ve done relatively little about the nomination of former judge Michael Mukasey to serve as attorney general. While the WSJ Law Blog was dredging up his third-grade book reports — okay, not quite, but some college newspaper articles that he may or may not have written — we didn’t have much. But now we’d like to atone for that, with a piece we just did for the New York Observer.
We speculate that Michael Mukasey might be in D.C. longer than he might expect, especially if his good friend Rudy Giuliani wins the presidency (and possibly even if fellow New Yorker Hillary Clinton does). We discuss how he might have come to be picked as AG, despite not being a D.C. denizen like Ted Olson, Laurence Silberman, or George Terwilliger:

Mr. Mukasey was simply more of a known quantity to the White House than the typical Beltway outsider. The White House staff includes three former assistant U.S. attorneys from Manhattan, as well as other ex-New York lawyers who regularly practiced before Mukasey as a judge. Among the New Yorkers at 1600 Pennsylvania Avenue, Mr. Mukasey enjoyed great respect, and was viewed as ideologically acceptable too, especially on war on terror issues.

The rest of the piece, including a discussion of what might be called the Curse of the Southern District (from President Bush’s point of view), is available here.
Mr. Mukasey Goes to Washington [New York Observer]
An Old Friend Joins Giuliani in a Spotlight [New York Times]

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Who Will Be the Next AG? Michael Mukasey

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Michael Mukasey Chief Judge Michael B Mukasey SDNY Above the Law blog.jpgNo official announcement has been made (despite the claim of Wikipedia that “[o]n September 16, 2007, President George W. Bush nominated Mukasey to serve as the 81st Attorney General of the United States”). But numerous news outlets are reporting that President Bush has selected Michael B. Mukasey — currently a partner at Patterson Belknap Webb & Tyler in New Yorker, and former chief judge of the S.D.N.Y. — as his attorney general nominee, to replace Alberto Gonzales.
We’ll have more to say after an official announcement, which could come as early as tomorrow morning. In the meantime, read Judge Mukasey’s interesting, frequently cited Wall Street Journal op-ed piece, on the Jose Padilla case (which he handled in part).
If you have firsthand experience with Judge Mukasey — e.g., as a litigant who has appeared before him, or as one of his law clerks — please share your thoughts in the comments, or by email. Thanks.
Bush plans to pick Mukasey for A.G. [Politico.com]
Bush Settles on Mukasey to Replace Gonzales [Washington Post]
Bush Expected to Name Judge as Gonzales’s Successor [New York Times]
Judge Top Contender to Replace Gonzales: Aide [Reuters]
Bush Picks Mukasey as Attorney General [AP]
Sources: Retired judge may replace Gonzales [CNN]
Jose Padilla Makes Bad Law [Wall Street Journal]
Michael B. Mukasey [Wikipedia]

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Judge Richard Conway Casey, R.I.P.

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Richard Casey Judge Richard Conway Casey blind Above the Law blog.jpgThe Honorable Richard Conway Casey, of the Southern District of New York, passed away yesterday. He was well-known for being the first blind person to be named a federal trial judge. (Appeals court judge David Tatel, of the D.C. Circuit, was the first blind federal judge.)
An amusing anecdote about Judge Casey, from the AP:

Judge Richard Conway Casey recalls the time he accidentally bumped into a courtroom wall at the beginning of a mob trial. Lawyers and spectators shifted uncomfortably – for just a moment.

“You’re fired!” Casey, 68, told his law clerk, who had accompanied him. “Bring back my guide dog!”

The courtroom burst into laughter.

We extend our condolences to Judge Casey’s family and to his extended family of former law clerks.
Richard C. Casey bio [FJC]
Richard C. Casey [Wikipedia]
Blind Federal Judge an Inspiration [Associated Press]

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Who Should Be the Next Attorney General?

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Patrick J Fitzgerald Patrick Fitzgerald Pat Fitzgerald Above the Law blog.jpgYeah, we know: Attorney General Alberto Gonzales remains in office.* But his days are looking numbered. He’s received the kiss of death — a presidential expression of “confidence” — and even some Republicans are calling for his resignation.
So we have to ask:

If Alberto Gonzales steps (or gets pushed) aside, who should take his place as Attorney General?

We’re rooting for Shanetta Cutlar. But if she doesn’t get tapped, Andrew Cohen floats this interesting idea.
Right now, Patrick Fitzgerald is most well-known for his (successful) work on the Scooter Libby case. This may preclude his selection as AG, given the political hot potato that it turned into — and the embarrassment it caused for the Bush Administration.
But let’s not forget that, setting aside the Libby case, Fitzgerald has the background that one would normally seek in an Attorney General. He’s the U.S. Attorney for the Northern District of Illinois (Chicago), one of the nation’s most prestigious prosecutor’s offices, and he has some serious additional credentials.
After graduating from one of our nation’s finest high schools (shameless plug for our alma mater), Pat Fitzgerald went on to Amherst College and Harvard Law School. Before taking over as the U.S. Attorney for the Northern District, he was a line prosecutor in the legendary Southern District of New York. As an AUSA in the SDNY, he worked on some major prosecutions, including the trials of Omar Abdel Rahman and Ramzi Yousef. He has been praised for his work as U.S. Attorney in Chicago.
Thoughts? Nominating Fitzgerald as AG might be kinda crazy, but kinda brilliant. It would change the story line big time, in a way that the White House might welcome.
(Some other random names we’ve heard as possible AG candidates: former Deputy Attorney General James B. Comey; SEC Chairman Christopher Cox; and Judge Laurence H. Silberman, of the D.C. Circuit.)
* It’s a rainy Friday afternoon, not much is going on, and people aren’t paying attention to the news. If you’d like to step down, Mr. Attorney General, there are still several hours of prime resignation time available to you.
The Case for Attorney General Patrick Fitzgerald [Washington Post / Bench Conference]

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Two New Arguments in Favor of Higher Pay for Supreme Court Justices

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Listen up, Chief Justice Roberts! Here are two new arguments you can use to make the case for higher judicial pay.
1. From the Drudge Report:
Drudge Report Judge Judy Judith Sheindlin.jpg
Shira Scheindlin Judge Judith Sheindlin Judge Judy Above the Law.JPGAccording to Forbes, Judge Judy has a net worth of $95 million. She earns $25 million a year — over 100 times the Chief Justice’s salary.
Random aside: Contrary to rumor, and despite their shared irascibility, Judge Judy Sheindlin (at left) and Judge Shira Scheindlin (S.D.N.Y.; at right) are NOT related. As you can see, their last names are spelled differently. Despite this difference, Judge Scheindlin of the Southern District regularly receives telephone calls from people in search of televised justice.
2. Because of his low pay, Justice Clarence Thomas has been reduced to eating at ESPN Sports Zone.
(Yes, we know, CT got a seven-figure advance for his memoirs. But when you enjoy Corvettes, luxury RVs, and fine cigars, the money goes fast.)
Wonk’d: Barely Legal [Wonkette]
The Richest 20 Women In Entertainment: Judith “Judge Judy” Sheindlin (#13) [Forbes]

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Barry Ostrager of Simpson Thacher: Bad at Deadlines, Bathroom Etiquette

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Barry Ostrager Barry R Ostrager Simpson Thacher Bartlett STB.jpgWe now interrupt your regularly scheduled programming of Charney v. Sullivan & Cromwell to bring you some embarrassing news about another ultra-prestigious New York law firm: Simpson Thacher & Bartlett.
From Decision of the Day:

From the “it can happen to anyone” file, the Second Circuit dismisses a cross-appeal by Travelers Insurance Company because its law firm filed the notice of appeal one day late. After the losing party in the district court filed a notice of appeal, Travelers had 14 days to file its notice of cross-appeal. However, the firm calculated the 14 days from the date it received the notice, not from the date the notice was actually filed. The district court denied Traveler’s motion to extend the deadline by one day, explaining that this was a case of “garden variety attorney inattention” and not excusable neglect. The Second Circuit affirms (PDF).

The law firm that made this rookie mistake was one of the whitest of the white shoes, the venerable Simpson Thacher & Bartlett. The partners on the brief have stunning resumes, and the fifth-year associate has done plenty of litigating, given that he is admitted to practice in three jurisdictions and thirteen courts. So, yes, it can happen to anyone. (And in case you’re wondering, no, STB did not reject me.)

Decision of the Day is too nice to name the STB lawyers on the brief, but we have no such qualms. These are matters of public record. The attorneys who screwed up here are partner Barry R. Ostrager, partner Andrew T. Frankel, and associate Robert J. Pfister.
Barry Ostrager, by the way, is routinely named as one of the country’s top business litigators and trial lawyers. See, e.g., here, here, and here. He’s not particularly nice; as one litigator diplomatically observed, Ostrager “doesn’t suffer from the need to be loved.” But he has been very successful for his clients.
Given Ostrager’s stellar reputation, this latest defeat is particularly embarrassing. It’s one thing when you litigate a case as best you can, then lose because the law just isn’t on your side. It’s another thing when a federal trial judge finds you guilty of “garden variety attorney inattention,” and then an appeals court affirms, holding that your “attorney inadvertence” — a charitable phrasing — does not constitute “excusable neglect.” Great litigators, after all, are supposed to be careful, attentive, and detail-oriented.
But this is not Barry Ostrager’s only lapse. His failure to pay attention to detail extends to the men’s room — as we have had the misfortune of observing, firsthand.
Read all about it, if you dare — don’t say we didn’t warn you — after the jump.

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Musical Chairs: 01.02.07

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musical chairs 2 Above the Law legal blog above the law legal tabloid above the law legal gossip site.GIFA few of the more prominent moves within this noble profession:
From government to private sector:
* Former Interior Secretary Gale Norton is joining Royal Dutch Shell, as general counsel for its “unconventional resources division” (e.g., extracting oil from “oil shale” and “extra heavy oil” — don’t ask us, we don’t know).
(A WSJ Law Blog commenter sniffs: “One would think that she could have secured a more lucrative and high profile job, given her resume.” We agree somewhat on the “high profile” part, but don’t know enough about the filthy lucre associated with this gig.)
* Former assistant U.S. attorney Mauro Wolfe, with whom we used to work, to Dickstein Shapiro. He will be a partner in the firm’s securities practice, in the New York office.
* Mark Paoletta and Andrew Snowdon, to the D.C. office of Dickstein Shapiro (as partner and of counsel, respectively). Paoletta previously served as served as Chief Counsel for Oversight and Investigations on the House Committee on Energy and Commerce; Snowdon previously served as a lawyer on the Oversight and Investigations Subcommittee. They join the government law & strategy practice.
Within government:
* The United States Attorney for Connecticut, Kevin O’Connor, has been named associate deputy attorney general at the Justice Department. His DOJ work will focus on violent crime, gangs, and guns. O’Connor plans to retain his post as U.S. Attorney for at least six months.
Lateral moves:
* M&A lawyer Michael Aiello, to Weil Gotshal, from Dewey Ballantine (as previously noted).
* Finance lawyer Philip Haber, to Kirkpatrick & Lockhart Nicholson Graham, from Nixon Peabody.
New partners:
* Cadwalader, Wickersham & Taft: Seven new partners. Names here (PDF).
* LeBoeuf Lamb: Five new partners. Names here.
* Patterson Belknap: White-collar defense lawyer Daniel Ruzumna, promoted from counsel to partner. Ruzumna served for six years as an AUSA in the legendary Southern District of New York. His final post in the S.D.N.Y. was Acting Chief of the Major Crimes Unit.
The voluminous links are collected after the jump.

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The Eyes of the Law: The S.D.N.Y. “Courthouse Follies”

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Jed Rakoff Jed S Rakoff District Judge SDNY Above the Law.jpgWe’ve solicited funny holiday party stories from you. We haven’t received much thus far.
But from the legendary Southern District of New York, probably the nation’s most distinguished district court bench, we did get this account of its celebrated “Courthouse Follies” (which took place on the evening of Friday, December 15):

Item: The Southern District of New York’s “Courthouse Follies,” tonight.

Showstopping performance: A boisterous musical number by Judge Jed Rakoff (at right), Judge Laura Taylor Swain, Magistrate Judge Ronald Ellis, and Chief Magistrate Judge Lisa Margaret Smith. Sung to the tune of “There Once Was a Man” from Doris Day’s “The Pajama Game,” with additional lyrics and dialogue by Judge Rakoff, the act featured Judge Rakoff in a blond fright wig, Judge Swain in a Groucho mask with cigar, Judge Ellis in an oversized red polka-dot bow tie, and Judge Smith in what I can characterize only as a goofy black hat.

Was that a woman’s blond fright wig? If so, Judge Rakoff can kiss any elevation hopes good-bye. Senator Brownback opposes all judicial nominees who have appeared in drag.

Highlight: A musical shoutout to Underneath Their Robes! The patter leading up to the song was about changes in the courthouse under the new chief judge. One of them was (I’m paraphrasing slightly), “I get all my case info from www.underneaththeirrobes.com.”

Less a joke than a name check, but it suggests that Judge Rakoff is a fan.

Interestingly enough, the new chief judge of the Southern District is none other than Kimba M. Wood — the reigning Superhottie of the Federal Judiciary, per UTR.
P.S. In case you’re wondering, yes, we will be holding a new Superhotties of the Federal Judiciary contest. Look for it in 2007.

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Musical Chairs: Andrew Cuomo Raids the S.D.N.Y.

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Andrew Cuomo Andy Cuomo Attorney General New York.JPGShortly after we predicted that he’d be making some personnel announcements, Andrew Cuomo, New York’s Attorney General-elect, made some personnel announcements. From the AP:

Cuomo, the eldest son of former Gov. Mario Cuomo, named Robin Baker as his executive deputy attorney general for criminal justice. Baker was the deputy chief of appeals for the U.S. Attorney’s Office in Manhattan Southern District of New York. She has worked in that office since 1996, prosecuting gangs, terrorism, organized crime, narcotics, and other criminal cases.

Eric Corngold was named executive deputy attorney general for economic justice. He has served as chief assistant U.S. Attorney in Manhattan since 2005. He headed the office’s business and securities fraud unit from 1999 to 2005 and its general crimes unit from 1997 to 1999.

Baker and Corngold are impressive hires. They’re veterans of the S.D.N.Y. and E.D.N.Y., two of the most prestigious prosecutor’s offices in the country (recent setbacks notwithstanding).*
Correction: Thanks to “Ferris Reynolds” for this observation. Contrary to the AP report, Corngold was an AUSA in the Eastern District of New York, not the Southern District of New York. See, e.g., here and here.
Two other key Cuomo appointments announced today: Mylan Denerstein, head of legal affairs for the New York City Fire Department, was named executive deputy attorney general for social justice; and Jenny Rivera, of the New York City Commission on Human Rights, was named special deputy attorney general for civil rights.
* There appears to be a mini-trend of tristate attorneys general looking to federal prosecutors’ offices for talent. On the other side of the Hudson, Stuart Rabner, New Jersey’s new attorney general, has recruited from his former office, the U.S. Attorney’s Office in Newark. For example, he picked John Vazquez, one of the U.S.A.O.’s most promising young prosecutors, to serve as his Special Assistant for criminal justice matters.
Cuomo Hires A Staff [The Politicker via The Daily Politics]
Cuomo names four appointments to attorney general’s office [Associated Press via Newsday]
Earlier: Coming Soon: Andy’s Kids

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Judge Denny Chin: Born To Run

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Denny Chin Judge Denny Chin Above the Law.jpgTime for a quick break from Biglaw and bonuses. Earlier this week, Judge Denny Chin (S.D.N.Y.) dismissed a lawsuit by a Florida man who blamed the Atkins diet for his heart troubles. As the WSJ Law Blog points out, Judge Chin offered some dieting tips in the opinion:

In a footnote, Judge Chin wrote that he has had success with his own “much simpler diet, which can be described in four words: Run more, eat less.”

We’d like to supplement this coverage. Judge Chin is one of many federal judges who enjoy running, and he runs regularly with his law clerks. They go for a vigorous morning jog through downtown Manhattan or along the Hudson River, then stop for steamed Chinese pork buns on the way back to chambers.

(But given all the weight that Judge Chin has successfully lost since taking up the sport, we’re guessing he consumes the Siu Bao in only moderate quantities.)

Judge Chin took up running only seven years ago. Since then he has completed the New York City marathon four times. How fast was he?

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