Securities and Exchange Commission
10th Circuit, Benchslaps, Biglaw, Confirmations, Constitutional Law, Guns / Firearms, McCarter & English, Mergers and Acquisitions, Minority Issues, Money, Morning Docket, Musical Chairs, Politics, Racism, SCOTUS, Securities and Exchange Commission, Sonia Sotomayor, Supreme Court
* Our own Elie Mystal isn’t the only one who’s capable of fanning the flames of race baiting — it seems that Supreme Court justices can do it, too! We’ll probably have more on Justice Sonia Sotomayor’s benchslap later today. [The Two-Way / NPR]
* Patience is obviously one of this judge’s virtues, because this took a looooong time. After waiting more than a year for people to put their petty political pandering aside, the Senate confirmed Robert Bacharach to the Tenth Circuit. [Blog of Legal Times]
* Mary Jo White, the nominee to lead the SEC, will probably face her confirmation hearing in March. Her legal wranglings at Debevoise may be of interest to some, but really, who cares? She’s so cute and tiny! [Reuters]
* Mayer Brown and the terrible, horrible, no good, very bad year: gross revenue is up overall at most Biglaw firms, but not this one. In 2012, Mayer Brown’s revenue dipped 3.7 percent for a six-year low. [Am Law Daily]
* Kirkland & Ellis, now the fifth-largest Biglaw firm in the nation, is leading the market in terms of top dollar merger-and-acquisition deals. Now, if only the firm could get some bananas. [Crain's Chicago Business]
* Orderly liquidation authority may be a legitimate exercise of power under the Bankruptcy Clause, but as far as these states are concerned, it’s just another reason to hate the Dodd-Frank Act. [DealBook / New York Times]
* Remember Peggy Ableman, the judge who ordered lawyers to attend a course on remedial civility in their “jammies”? She’s now at McCarter & English, so mind your manners. [Thomson Reuters News & Insight]
* An “astronomically stupid” legal loophole? Unpossible! Gun trusts are seeing the limelight because Chris Dorner claims he used one to purchase his paraphernalia without a background check. [New York Times]
She’s a longtime Debevoise partner, and she’s married to a longtime Cravath partner. Let’s take a look at their financial disclosures.
Regardless of how protected you think you are, TCPA lawsuits continue to rise. With a 70% increase since 2012, it’s clear that companies are putting themselves at risk each day they de-prioritize their protection strategy. Attend this webinar to learn how you can help clients protect themselves. (Sponsored)
* This guy could teach a master class in how to stand by your (wo)man. Mary Jo White’s husband, John White, will relinquish his equity partner status at Cravath upon her confirmation as the head of the Securities and Exchange Commission. [Am Law Daily]
* Macho, macho man: it looks like we’ll never know if Dechert actually has a “macho culture,” because the FMLA and paternity leave case that questioned the very existence of this Biglaw subculture was settled out of court. [National Law Journal]
* Why you gotta go and ruin Valentine’s Day for everyone at O’Melveny and Akin Gump? Apple’s request to speed up the Greenlight Capital case was approved, with arguments now scheduled for February 19. [CNET]
* Despite her nomination being crapped on by the Senate, Jenny Rivera, the CUNY School of Law professor, was recently confirmed as an associate judge of the New York Court of Appeals. [New York Law Journal]
* Remember the lawyer who sued Westlaw and Lexis for copyright infringement? Judge Jef Rakoff dismissed it for reasons yet to be disclosed, but probably for legal dumbassery. [Thomson Reuters News & Insight]
* “Behold, the instrument of your liberation!” Survivors of the Aurora movie massacre are being harassed by conspiracy theorists, and the DA asked the judge to scrub their names from the record. [Courthouse News]
* There’s an interesting take here by Scott Greenfield on Glenn Reynolds’s op-ed suggesting there be a “waiting period” before new legislation to try to make sure everybody at least reads it first. Personally, I’m a little more concerned with getting longer waiting periods before people can buy guns and shoot me. [Simple Justice]
* Funny to see Lindsay Lohan as the plaintiff, instead of the defendant. [Los Angeles Times]
* When reached for comment about the weakness in the U.S. legal job market, clients responded, “Frankly my dear, I don’t give a damn.” [Associate's Mind]
* And now we’re back to the argument that allowing non-lawyer ownership of law firms will magically give clients a better experience. Yes, because whenever I’m on hold with Time Warner, I think, “Man, these business people sure get customer service.” [The Economist]
* R.I.P. Mark Hummels. [Huffington Post]
* It feels like it’s been a while since we made fun of Oklahoma. [Legal Juice]
* After the jump, Bloomberg has a fun video on whether Wall Street should fear Mary Jo White….
* Wait, auditors agree that auditor letters are pretty much a waste of time, but they still want them anyway? As I learned in Civ: “The only thing that saves us from the bureaucracy is inefficiency.” [Going Concern]
* Yes, the legal world is still buzzing because one of the nine most powerful people in America deigned to utter a few words in court. I hope Thomas appreciates that his obituary is going to prominently include references to his confirmation hearings and his well documented muteness. [ZombieLaw]
* This Die Hard director picked a bad day to try hard to stay out of jail. [The Hollywood Reporter]
* You know, there are laws against firing pregnant people. [Pregnant and Fired]
* Bottom line, I don’t want to be on the side of praising SEC enforcement actions. [National Law Journal]
* I hope Obama is well armed, because the only thing that stops a politician in the pocket of the gun lobby are the people holding their votes to the heads of their Congressmen. [Blog Briefing Room / The Hill]
* Same-sex marriage should be legal because gay people should be allowed to save money too. [The Atlantic]
The SEC is probing Netflix for posting company milestones on Facebook. Calling Facebook a non-public forum sounds crazy, it’s just one more instance of the SEC failing to grasp modern technology.
Alston & Bird, Biglaw, Blogging, Bloomberg, David Boies, Health Care / Medicine, Law Schools, Mergers and Acquisitions, Money, Non-Sequiturs, Ruth Bader Ginsburg, SCOTUS, Securities and Exchange Commission, Securities Law, Supreme Court, Ted Olson
* As soon as Mary Schapiro announced she was stepping down as chairwoman of the SEC, Obama nominated another woman to take her place. Congrats to SEC Commissioner Elisse Walter! [WSJ Law Blog]
* In other breaking news that no one will care about now that bonus season is upon us, Justice Ruth Bader Ginsburg swapped out her neck doily for a blingy necklace from Glamour. [Josh Blackman's Blog]
* You know what the ancient Romans would’ve hated more than watching the fall of the Roman empire? The Citizens United decision. Cato, Cicero, and Julius Caesar wouldn’t have been impressed with this. [Slate]
* Why go to law school if you’re already doing well financially? Perhaps you’re just another prestige hunter. If you are, then all the better for you, because that seems to be what all of the law schools are selling these days. [Inside the Law School Scam]
* Don’t cry for Argentina: they may be in the middle of a billion-dollar bond dispute, but the uber-prestigious lawyers on either side of the case (Boies; Olson) are enough to make you forget about their troubles. [Reuters]
* A Biglaw attorney from Alston & Bird with a rare sleep disorder confronts Big Pharma and… doesn’t win. At least not yet. But on the bright side, she’s not sleeping for 18 hours anymore. [The Last Word on Nothing]
* We’re honored to announce that Above the Law was named as one of the ten law blogs in the ABA Journal’s inaugural Blawg 100 Hall of Fame. Please click here if you’d like to help us win again this year. [ABA Journal]
* After the jump, Bloomberg Law’s Lee Pacchia speaks with a Bill Lawlor, a Dechert partner, who claims that “hope springs eternal for M&A attorneys.” Will the mergers and acquisitions market begin to boom once again?
Evan Jowers is currently in Hong Kong for Asia focused projects and client meetings for the next 4 weeks, through December 15. Feel free to reach out to him at Evan@Kinneyrecruiting.com if you would like to schedule a meeting, to discuss the market and your career.
* George Washington University has been stripped of its U.S. News college ranking. The law school appears safe. [Tax Prof Blog]
* Now students can get in trouble for bullying their teachers. Teachers, people! TEACHERS CAN’T STAND UP TO THE MEAN SCHOOL KIDS WITHOUT A LAWSUIT. [The Volokh Conspiracy]
* Just to be clear, Antonin Scalia would not be on the side of the secessionists. [New York Personal Injury Law Blog]
* So the accuser of Kevin Clash, voice of Elmo, recanted and said that he was a consenting adult when he was with Clash. It’s great to know that Elmo is getting barely legal ass. [Huffington Post]
* FCPA! Guidance! This is WAY MORE INTERESTING than Petraeus and the Kelley sisters. [WSJ Law Blog]
* For those of you who saw Capturing the Friedmans, here’s an update on the ongoing proceedings. [WiseLawNY]
Hurricane Sandy may bring out scammers looking to take advantage of people suffering through the disaster. Watch out!
What did the Second Circuit have to say about Judge Jed Rakoff’s rejection of the SEC’s settlement with Citigroup? Let’s say they’re not huge fans of his legal analysis.
Biglaw, California, Divorce Train Wrecks, Election 2012, Food, Hotties, Jed Rakoff, Morning Docket, Old People, Pornography, Pregnancy / Paternity, Securities and Exchange Commission, Technology, Women's Issues
* Rick Perry’s motion for a temporary restraining order over the printing of Virginia’s primary ballots without his name on them has been denied. Damn all of those unelected, activist judges! [Bloomberg] * Jed Rakoff isn’t the only one with cojones big enough to challenge the SEC. Wisconsin Judge Rudolph Randa fell right in line, […]
2nd Circuit, Biglaw, Divorce Train Wrecks, Holidays and Seasons, Jed Rakoff, Morning Docket, Nude Dancing, SCOTUS, Securities and Exchange Commission, Social Networking Websites, Supreme Court, Twittering, Women's Issues
* How many of these suggested New Year’s resolutions should the members of the Supreme Court consider following? Eight out of ten resolutions wouldn’t be too shabby. [Huffington Post] * Like a virgin, detained for the very first time: thanks to this court order, Egypt will be forced to come out of the dark ages […]
* A man on trial for sex crimes at a Minnesota courthouse allegedly shot three people yesterday, including prosecutor Timothy Scannell. Guess it’s time to get a metal detector. [Duluth News Tribune] * Instead of trying to force Citigroup’s hand on a tougher settlement, the SEC is appealing Judge Rakoff’s rejection of the original. Don’t […]
* Should the Supreme Court be forced to televise oral arguments? Yes, but only on the condition that we get spin-off shows called Wise Latina Justice and Ruthie’s Law. [WSJ Law Blog] * Rod Blagojevich won’t get leniency during sentencing. He’ll spend the next week lamenting the fact that can’t brush his beautiful hair like […]