Just because the plaintiffs’ standing to sue in King v. Burwell shouldn’t be an issue doesn’t mean it won’t be an issue, as Tamara Tabo explains.
Our client is a significant regional real estate development entity and collaboration between one of the GCCs leading finance houses and a prominent international real estate company. With significant assets already under management and very strong growth forecast, the US qualified General Counsel now requires a polished, blue-chip real estate attorney to join his team.
* And meet the two legal heavyweights who will be arguing the case before SCOTUS. [Politico via How Appealing]
* Meanwhile, another Supreme Court has put a stop to same-sex marriage down in Alabama — for now. [Buzzfeed]
* General David Petraeus reaches a plea deal, requiring him to plead guilty to a misdemeanor and pay a fine (but no prison sentence). [Washington Post]
* It’s not as sexy as Obamacare or marriage equality, but the collection of state sales tax on out-of-state purchases made online is a pretty important issue — and Justice Kennedy wants SCOTUS to revisit it. [How Appealing (linkwrap)]
* A jury of eight men and 10 women will start hearing arguments today in the trial of Dzhokhar Tsarnaev, defendant in the Boston Marathon bombing. [How Appealing (linkwrap)]
* Legal ethics guru Monroe Freedman, RIP. [ABA Journal]
Check out Justice Kagan’s colorful quotation in the “is a fish a tangible object” case just decided by the Supreme Court.
A unanimous ruling on religion.
The United States Supreme Court (SCOTUS) will hear argument in Perez v. Mortgage Bankers Association, No. 13-1041, asking whether a federal agency must engage in advance notice and public comment rulemaking pursuant to the Administrative Procedure Act (APA) before it can significantly alter an established interpretive rule articulating the agency’s interpretation of an agency regulation.
* Look, ma, no Justice Kennedy! Over the dissent of Justices Scalia and Thomas, the Supreme Court quickly lifted its earlier stay on allowing same-sex marriages to go forward in Kansas. [USA Today]
* Sources say were it not for Bingham McCutchen’s malpractice settlement with the former owner of the Dodgers, Morgan Lewis would’ve walked away from the potential merger deal. #blessed [Am Law Daily]
* Mathew Martoma, the would-be lawyer who was expelled from Harvard Law for faking his transcripts, was denied his bid for bail pending appeal on an insider trading conviction. [DealBook / New York Times]
* Up, Up, Down, Down, Left, Right, Left, Right, B, A, Start: The ex-general counsel to Occulus VR started his own firm and angel investment company to address the needs of video game companies. [Gamasutra]
* New York is holding off on adopting the Uniform Bar Exam, at least for a little while longer, mostly because “the[re] is just not enough turnaround time to do it for July ’15.” Hooray? [New York Law Journal]
Besides their good looks and fame, they’re also increasing their focus on data security. In the wake of “Celebgate,” the Sony Pictures hack, and nearly daily data breaches targeting massive corporations to individuals, law firms are finally recognizing the importance of bringing their cybersecurity policies up to speed.
* The makeup of the Supreme Court is the most important issue in the 2016 election. Well, the most “important” issue will be if Hillary is a crone who murdered everyone in Benghazi with Obamacare, but the Supreme Court should be the most important issue. [Slate]
* We’ve wondered why the Supreme Court isn’t more accountable before. Fix the Court wants to do something about it. [USA Today]
* In-house counsel are optimistic. Too bad they aren’t optimistic about sending work to firms. [Business of Law Blog / LexisNexis]
* The Italians just overturned the manslaughter convictions of a bunch of scientists for failing to accurately predict an earthquake. But, sure, let’s send Amanda Knox back over there. [Reuters]
* Latham snags a gaggle of high-profile O’Melveny entertainment lawyers and O’Melveny names three new co-heads of its Entertainment, Sports and Media Practice. [Deadline Hollywood]
* An infographic of firm trends. Technological upgrades are the name of the game. [Think Tank / Aderant]
* While we treat high school athletes as adults in so many aspects of their lives, America just won’t let go of labeling them juveniles unable to grasp sexual assault. [The Legal Blitz]
* Horrific tale of systematic sexual abuse in the ranks of USA Swimming, which turns to Bryan Cave for what a lawyer profiled in the article calls “plaintiff-draining legal tactics.” [Outside Online]
* R.I.P. John Michael Doar, former chief of the DOJ civil rights division in the 60s, who died at age 92 yesterday. [What About Clients?]
* With all this net neutrality talk, one of the biggest fans of the cause is Justice Antonin Scalia. He may not be tech-savvy, but he may yet save the internet. [National Law Journal]
* And the partners rejoiced? Bingham McCutchen approved a Morgan Lewis merger, and now the firm waits for its valiant rescuer to ride in upon its trusty steed. [WSJ Law Blog]
* A new study says the way to close the law school gender gap is to adopt gradeless grading policies similar to those of top law schools. Honors for everyone, yay! [Stanford News]
* LSAT prep company Test Masters Educational Services Inc. — not to be confused with TestMasters — must pay about $927K in legal fees, because as it turns out, some people were confused. [Legal Times]
* A Texas state representative submitted a bill calling for a new law school in the Rio Grande Valley because there aren’t enough lawyers there. Unemployed lawyers, you know what to do. [Action 4 News]
* “I think the court has to take a case now. This is their job.” It’s time to hurry up and wait: SCOTUS is running down the clock when it comes to taking a gay marriage case this Term. [National Law Journal]
* Zach Warren will be tried separately from the former leaders of D&L on criminal charges in the wake of the firm’s failure. Dewey think lawyers still care about him? [DealBook / New York Times]
* Good news, everyone! According to the Bureau of Labor Statistics, the legal sector added 300 jobs in October. This sure is exciting for the fraction of the class of 2014 that number represents. [Am Law Daily]
* A Long Island attorney requested that one of her trials be postponed during her high-risk pregnancy, but lawyers from the S.D.N.Y. allegedly “shouted at and insulted” her in response. Wow. [New York Times]
* Since enrollment dropped off, law schools are competing to attract transfer students. Georgetown, for example, recently took more than 100 transfers — a 75 percent increase in two years. [Washington Post]
* Just because your state puff, puff, passed the vote to legalize smoking pot, it doesn’t mean you won’t be fired for doing it. Careful with your dope, unless you’d like to see your career go up in smoke. [CNN Money]
* As mentioned earlier, the Sixth Circuit upheld same-sex marriage bans in four states. Judge Martha Craig Daughtrey’s dissent is a very fun read because it’s dripping with sarcasm. [WSJ Law Blog]
* Sentencing has been delayed for Dzhokar Tsarnaev’s friends during the pendency of the Yates case at SCOTUS. Like a grouper, a backpack may not be a “tangible object.” [National Law Journal]
* Bingham McCutchen and Edwards Wildman Palmer are planning to shed lawyers and staff members in anticipation of their proposed mergers with Morgan Lewis and Locke Lord. Ouch. [Am Law Daily]
* Weekend reading? ATL’s managing editor, David Lat, reviews Blindfolds Off (affiliate link), an interesting collection of interviews with judges about how they decide their toughest cases. [Wall Street Journal]
* Everyone, please stop what you’re doing. Jeffrey Toobin has discovered that law schools are in trouble, and he’s on the case. You can read more information about this new phenomenon here. [The New Yorker]
* Adam Tang, the man who drove a 26-mile loop around Manhattan in 24 minutes, was convicted of reckless driving without being present. Check out the video of his crazy drive, after the jump. [ABA Journal]
* “Perhaps Congress should have called this the Sarbanes-Oxley Grouper Act.” Based on the justices’ reactions during oral argument, it seems like SCOTUS isn’t taking the bait in the Yates case. [WSJ Law Blog]
* It seems that President Obama still hasn’t made a decision on who he wants to replace Eric Holder as attorney general. Maybe the results of the midterm election made him change his mind. [Legal Times]
* Jay Z may have 99 problems, but this champagne deal ain’t one because Cooley helped to seal the deal. If Armand de Brignac is good enough for Queen Bey, it’s good enough for this Biglaw firm. [Am Law Daily]
* Students at the University of South Dakota School of Law are wondering whether they’re receiving a good legal education considering they’re being trained to pass the “easiest [bar] in the nation.” [The Volante]
* Kenneth Desormes of Connecticut was charged after trying to eat the results of his breathalyzer test. He may be the same Kenneth Desormes who tried to get his law school to admit to fraud. [Hartford Courant]
* Floridian women lawyers got their wish: Bad Judge, plagued by bad ratings, is getting canceled. [Daily Business Review]
* A round-up of write-ups about today’s oral arguments in the Israel / Jerusalem passport case. [How Appealing]
* Interesting reflections from Professor Glenn Reynolds on the controversial catcalling video.
[USA Today via Instapundit]
* Things are bats**t insane — literally — at this Utah courthouse. [Gawker]
* The D.C. Circuit gives the EPA its way on cross-state air pollution. [Breaking Energy]
* Election monitors from the Justice Department: possibly coming to a jurisdiction near you (including Bergen County, New Jersey, where I grew up). [BuzzFeed]
* Can cops force suspects to use their fingerprints to unlock their cellphones? Eric Crusius and Lisa Giovinazzo debate, after the jump. [Fox News]
In-house columnist Mark Herrmann reviews Above the Law founder and managing editor David Lat’s forthcoming novel, Supreme Ambitions.