S.D.N.Y.

Judge Andrew Peck

Keyword searching is absolutely terrible, in terms of statistical responsiveness.

– Magistrate Judge Andrew Peck (S.D.N.Y.), in a panel today at the LegalTech conference. He spoke alongside Wachtell Lipton counsel Maura Grossman and Jackson Lewis partner Ralph Losey, on a panel that aimed to demystify cutting-edge, computer-assisted e-discovery technology. Peck is a vocal proponent of computer-assisted discovery and predictive coding. He is not a fan of the slightly older keyword-searching technology.

(A few minutes later, Losey had another strong opinion to add. See what was said, after the jump.)

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Herman Cain: victim of a high-tech lynching?

* Here is Bess Levin’s take on the Groomzilla lawsuit brought by Todd J. Remis, son of a Goodwin Procter partner. [Dealbreaker]

* What advice would crisis management guru Lanny Davis give to Herman Cain about Cain’s sexual harassment scandal? Here’s an imagined conversation. [The Hill]

* And here is a real conversation — between Herman Cain and Ginni Thomas, also about the sexual harassment allegations. [Daily Caller]

* Current law students, at Brooklyn Law and Cardozo, call upon the ABA to get its act together. [BLS Advocate; Cardozo Jurist]

Judge J. Paul Oetken (S.D.N.Y.)

* The legal career of NBA star Ben Wallace is off to a great start. [Yahoo! Sports]

* Antonin Pribetic asks: “Are GCs Shifting The Balance of BigLaw Power?” [The Trial Warrior]

* Congratulations to Judge Paul Oetken on joining the distinguished S.D.N.Y. bench! (I was lucky enough to attend his ceremonial induction last week, which was fabulous.) [Poliglot / Metro Weekly]

* And congratulations to the Dave Nee Foundation, a non-profit committed to fighting depression and preventing suicide, on its record number of law firm supporters for this year’s masquerade ball (taking place tomorrow night). [Dave Nee Foundation (press release)]

I’m starting to think that staff attorneys are being discriminated against because they are staff attorneys.

Today Thomson Reuters reports that a racial discrimination lawsuit has been filed against Quinn Emanuel by a former staff attorney. The plaintiff, who is African-American, claims that she was given less desirable work than her white colleagues and that she was forced to work with a person she “feared,” as retaliation for complaining about her treatment at the firm.

I’m not sure if racism really fits into Quinn’s work hard/play hard firm culture. I feel like the only color Quinn cares about is green, as in, “You’ve billed a ton of hours today despite being all kinds of hungover, I think you’re turning green”….

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One of the interesting concepts in Professor Rosenbaum’s book (affiliate link) is that the law lacks a soul. The law lacks tenderness. The law is objective and cold and inhumane. The law abhors emotion. I don’t think that’s true.

Every time I sentence a defendant, there is a lot of emotion. I think there is a lot of humanity in the law.

– Judge Denny Chin (2d Cir.), quoted in an interesting New York Times article focused on his sentencing practices (back when he was an S.D.N.Y. judge).

Fortunately, you gave me so much paper. Otherwise, I would have had to watch a Mets game, which would have been a very painful process.

– the eminently quotable Judge Jed Rakoff (S.D.N.Y.), praising the thorough briefing by lawyers involved in the legal battle between the Bernard Madoff trustee, Irving Picard, and the owners of the New York Mets, Fred Wilpon and Saul Katz.

As the first openly gay man to be confirmed as a federal judge, he will be a symbol of how much we have achieved as a country in just the last few decades. And importantly, he will give hope to many talented young lawyers who until now thought their paths might be limited because of their sexual orientation. When Paul becomes Judge Oetken, he will be living proof to all those young lawyers that it really does get better.

– Senator Chuck Schumer, commenting on the confirmation yesterday of Paul Oetken to serve as a judge on the Southern District of New York, by a Senate vote of 80-13.

(Because we are fair and balanced here at Above the Law, we offer a decidedly different perspective on the Oetken confirmation, after the jump.)

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Not only am I dismissing your case — WITH PREJUDICE — but I am also referring you to the grievance committee, and will personally recommend that you are sanctioned. You lied to this Court, and that will not be countenanced. Now please leave my courtroom.

Judge Jed Rakoff, benchslapping (as reported by an ATL reader who witnessed Judge Rakoff in action for the first time, from the safety of the gallery).

Christine Quinn

As we all await a vote on gay marriage in New York, the New York Observer came out with a wonderful list: the 50 most powerful gay people in New York. They’ve called them “power gays,” and that, my friends, is just fun to say. Here, I’ll use it in a scene.

OLD GUY: Is that guy over there… a gay?
ELIE: No. He’s a POWER gay.

The number one most powerful gay person in New York is City Council Speaker Christine Quinn. That makes sense. Christine Quinn could well be the next mayor of New York City, and unlike other potential NYC mayoral candidates, she doesn’t have a penis that can be photographed and disseminated over Twitter.

But, more relevant for our purposes, the power gays include a number of lawyers….

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This is the worst piece of whoring journalism I have read in a long time. How long are you going to suck [U.S. Attorney Preet Bharara]’s teat? All to hurt a decent, honest witness, [whom assistant U.S. attorney Reed] Brodsky could not lay a glove on. It did not work. The jury was not impressed by the worst cross examination ever delivered. So in the style of Preet, try to smear him by working the sycophants in the back of the Courtroom. He learned from Schumer in the Senate… Preet is scared sh[**]less he is going to lose this case so he feeds his whores at the WSJ. What a disgrace for an otherwise great paper.

John Dowd, partner at Akin Gump and defense lawyer to Raj Rajaratnam, in an irate email to Wall Street Journal reporter Chad Bray.

Last week I attended an interesting talk by Preet Bharara, currently serving as the U.S. Attorney for the (extremely powerful and prestigious) Southern District of New York. I had heard great things about Bharara from many people, including current and former colleagues in the U.S. Attorney’s office and people who previously worked with him on Capitol Hill, where he served as chief counsel to Senator Chuck Schumer. So I was eager to hear his remarks, which he delivered to the New York Financial Writers Association, a group of business and finance journalists here in New York.

Here’s my report on what he had to say — including, for those of you who aspire to be assistant U.S. attorneys, what he expects from the prosecutors who work for him….

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