* Justice Anthony Kennedy doesn’t think that law school should be shortened to two years, but he does think that the “cost factor has to be addressed.” Somebody really ought to listen to this man and give his words some credence. [WSJ Law Blog (sub. req.)]
* Let’s give Lady Justice a big round of applause, because the federal judiciary announced that it’s got enough cash on hand to keep things running until October 17, two whole days more than originally planned. Cherish the small things. [Blog of Legal Times]
* If Biglaw firms don’t adapt to the changing times, they may soon go the way of the dodo — or, to be a little more relevant to large law firms, they may soon go the way of the Dewey. Scary. [American Lawyer]
* Gov. Chris Christie’s administration appealed a judge’s denial of a stay on a ruling allowing gay marriages to be performed within the state. Please try to stay Jersey Strong and fabulous through this. [USA Today]
* Law review? More like flaw review, amirite? Apparently there’s a big problem with law review articles, and it’s not just that they’re incredibly boring and wind up in books that are never read. [National Law Journal]
This week, the Supreme Court heard oral arguments in McCutcheon v. FEC. In McCutcheon, the Court will rule on whether certain campaign finance restrictions violate the First Amendment. ATL’s Joe Patrice offered his thoughts on the oral arguments yesterday. Today, I offer an alternative perspective.
Currently, byzantine election laws restrict the total political contributions that a person can make in a two-year period, as well as the number of candidates a person can contribute the maximum amount to. The plaintiff, Shaun McCutcheon, is a suburban Alabama businessman, the owner and founder of an electrical engineering firm. McCutcheon wanted to contribute $1,776 (a very patriotic sum, indeed) to 27 candidates across the country. Each of those individual contributions in isolation was legal, falling below the $2,600 maximum amount allowed for individual contributions. Yet, had McCutcheon done so, his total contributions would have run afoul of the maximum total allowed, currently $48,600.
Supporting political causes and candidates of your choice is an exercise of your First Amendment rights. Like all constitutional rights, though, it is subject to an overriding compelling governmental interest. In the case of campaign finance restrictions, your speech rights are trumped by the government’s interest in preventing political corruption or the appearance of political corruption.
Here, McCutcheon was expressing his political values, innocently — even laudably — participating in the democratic electoral process as he contributed up to 2600 bucks to individual candidates . . . until he supported one candidate too many. Suddenly, the First Amendment no longer safeguards his political expression. Suddenly, the threat of corruption or the appearance of corruption is so great that democracy just cannot stand if Shaun McCutcheon is allowed to give a penny more to support a candidate who shares his values….
* “There are no magic bullets here.” Caught in a “trilemma,” President Obama is up against the wall and is running out of options. He soon might be forced to choose the least unconstitutional solution to the nation’s problems. [Bloomberg]
* During the government shutdown, it certainly wouldn’t be worth it for furloughed employees to hire lawyers to fight their “essential” versus “non-essential” determinations — please, like they’ll be able to afford legal representation right now. [National Law Journal]
* It seems some partners at both Dentons and McKenna Long & Aldridge aren’t fans of a possible tie-up, so they’re heading for the hills as fast as they can. Perhaps it simply wasn’t meant to be? [Am Law Daily]
* It’s time for our favorite show, As the Weil Turns! Partners from various offices are departing for other Biglaw firms, and we can now confirm that Steven Peck is a new face at Proskauer. [Law360 (sub. req.)]
* We told you last week that Matthew Martens of Fabulous Fab fame would be leaving the SEC, but now we know where he’s landing. Congrats on your new home at WilmerHale. [WSJ Law Blog (sub. req.)]
* Ohio is the latest state to offer “hazy” abortion restrictions that skirt the very edge of Supreme Court jurisprudence in order to make women feel guilty about their own right to choose. [New York Times]
* “Without makeup she looks like the Joker in Batman.” Joan Rivers is locked in a $15 million condo catfight with a Canadian socialite who isn’t afraid to pull punches. Meow! [New York Daily News]
* Just in time for Halloween, here’s a real Night of the Living Dead scenario. In Ohio you only have 3 years to challenge a ruling that you’re legally dead. After that, regardless of how f**king “alive” you are, you have to stay dead. [WTAE]
* Remember the epic Ninth Circuit benchslap oral argument? Well, the government read the writing on the wall and has confessed error and vowed to use the video of the oral argument as a training tool for its attorneys. We hope they’ll consider using the ATL write-up as supplemental reading material. [The Volokh Conspiracy]
* Corporette offers some good advice on how to write great cover letters. A good start is not writing one like this guy we profiled awhile ago. [Corporette]
* The Ole Miss FedSoc has readopted Colonel Reb, the now departed Ole Miss mascot, who the student body rose up and tried to replace with Admiral Ackbarsolely because the collected student body figured out this was racist (prompting one of my friends to create this brilliant image). So as Elie asks, “Is it really news that the Ole Miss FedSoc is raceist?” [Ole Miss]
* More about the Stephentown incident in which 300 kids broke into a guy’s house and live-tweeted the $20,000 in damage they did. Some parents have threatened to sue him for identifying the kids who ruined his house — because blaming the victim is awesome! [IT-Lex]
* Today in contrarian arguments, fracking could solve the global water crisis. [Breaking Energy]
Supreme Court arguments are off and running, and the Supremes wasted no time in getting to the fun stuff. In this instance, it’s McCutcheon v. FEC, the case billed as Citizens United II: Electric Boogaloo. The conservative wing of the Court is expected to side with McCutcheon in its continuing war to make American elections safe for multi-millionaires.
Anyway, the oral argument was marked by the usual humorous sniping amongst the justices and lots of fun exchanges where counsel and the conservative justices worked overtime to subordinate reality to ideology. Up to and including Justice Scalia arguing that $3.5 million isn’t that much money for one individual to spend on an election.
Here are 3 immediate, largely stream-of-consciousness thoughts based on reading the transcript (available at the end of the post) coming out of this oral argument:
* Musical chairs (White House hottie edition): Michael Gottlieb, former associate counsel to President Barack Obama, is joining the Washington, D.C. office of Boies Schiller. [Blog of Legal Times]
* The search is on for jurors to serve in the criminal trial for Bernie Madoff’s former employees, but in a case of guilt by association, it’s proving to be a difficult exercise. [WSJ Law Blog (sub. req.)]
* “Democracy is not on autopilot,” said Justice Kennedy at Penn Law. Just because we have a Constitution doesn’t mean it will prevail — which is being evidenced by our government now. [Philadelphia Inquirer]
* Because no one could be more “non-essential” than a law student during this mess, the government shutdown is taking a toll on their externship placements throughout the district. [National Law Journal]
* The Princeton Review’s annual law school rankings are out, and boy, have things changed — including the schools with the best career prospects. We’ll have more on this news later today. [Chicago Tribune]
* Cooley Law is teaming up with Eastern Michigan University to offer joint degrees. But we thought Cooley was teaming up with Western Michigan University. Is Cooley infiltrating all Michigan schools? [MLive.com]
* Say what you will about Justice Scalia, but the man is hilarious — more funny than his four liberal colleagues combined, according to a statistical analysis of oral argument recordings. [New York Times]
When I can’t do the job, there will be signs. I know that Justice [John Paul] Stevens [who retired when he was 90] was concerned the last few years about his hearing. I’ve had no loss of hearing yet. But who knows when it could happen?
So all I can say is what I’ve already said: At my age, you take it year by year.
* The Supreme Court’s Term opens today, and the conservative justices may have the opportunity to shift the law even further to the right when it comes to today’s social issues. [Los Angeles Times]
* In his Biglaw days, Chief Justice Roberts “gave his adversaries heartburn.” Now, his litigation skills serve the same purpose for those giving oral arguments before SCOTUS. [National Law Journal]
* It seems that in the end, Justice Ginsburg’s career choices have been whittled down to the lyrics found in one of The Clash’s catchiest songs: Should she stay or should she go now? [Washington Post]
* In other news, in case you were wondering, Justice Antonin Scalia, a firm believer in the Devil, is just as scary in real life as he is when he haunts your dreams (which is impressive!). [New York Magazine]
* “If this continues, it’s going to be very problematic.” Clients are very annoyed, and some Biglaw firms continue to worry about how the government shutdown will affect their bottom line. [New York Law Journal]
* The defections at night, are big and bright, deep in the heart of Texas: Weil Gotshal’s Houston office is still leaking partners like a sieve. We’ll have more on these developments later today. [Law360 (sub. req.)]
* President Obama continues to comment on the important issues of the day. He’d “think about changing” the Redskins team name if he were its owner — just like this fired Quinn Emanuel associate. [CNN]
* Viva la raza! The federal government is too slow for California, so the governor signed a bill into law that will allow illegal immigrants to become licensed as lawyers. Congratulations to Sergio Garcia. [Reuters]
* No, we won’t remove that embarrassing story we wrote about you — but at least we’re not trying to charge you hundreds of dollars for its removal like those pesky mug shot websites. [New York Times]
When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
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